[JPRT, 106th Congress]
[From the U.S. Government Publishing Office]




106th Congress 
 2d Session              JOINT COMMITTEE PRINT
_______________________________________________________________________

 
      COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 1999--VOLUME I

                               __________

                              R E P O R T

                            submitted to the

                       COMMITTEE ON INTERNATIONAL

                               RELATIONS

                     U.S. HOUSE OF REPRESENTATIVES

                                and the

                     COMMITTEE ON FOREIGN RELATIONS

                              U.S. SENATE

                                 by the

                          DEPARTMENT OF STATE

     IN ACCORDANCE WITH SECTIONS 116(d) AND 502B(b) OF THE FOREIGN 
                   ASSISTANCE ACT OF 1961, AS AMENDED

[GRAPHIC] [TIFF OMITTED]CONGRESS.#13


                               APRIL 2000

Printed for the use of the Committees on International Relations of the 
U.S. House of Representatives and Foreign Relations of the U.S. Senate 
                              respectively




                  COMMITTEE ON INTERNATIONAL RELATIONS

                 BENJAMIN A. GILMAN, New York, Chairman
WILLIAM GOODLING, Pennsylvania       SAM GEJDENSON, Connecticut
JAMES A LEACH, Iowa                  TOM LANTOS, California
HENRY J. HYDE, Illinois              HOWARD L. BERMAN, California
DOUG BEREUTER, Nebraska              GARY L. ACKERMAN, New York
CHRISTOPHER H. SMITH, New Jersey     ENI F.H. FALEOMAVAEGA, American 
DAN BURTON, Indiana                      Samoa
ELTON GALLEGLY, California           MATTHEW G. MARTINEZ, California
ILEANA ROS-LEHTINEN, Florida         DONALD M. PAYNE, New Jersey
CASS BALLENGER, North Carolina       ROBERT MENENDEZ, New Jersey
DANA ROHRABACHER, California         SHERROD BROWN, Ohio
DONALD A. MANZULLO, Illinois         CYNTHIA A. McKINNEY, Georgia
EDWARD R. ROYCE, California          ALCEE L. HASTINGS, Florida
PETER T. KING, New York              PAT DANNER, Missouri
STEVE CHABOT, Ohio                   EARL F. HILLIARD, Alabama
MARSHALL ``MARK'' SANFORD, South     BRAD SHERMAN, California
    Carolina                         ROBERT WEXLER, Florida
MATT SALMON, Arizona                 STEVEN R. ROTHMAN, New Jersey
AMO HOUGHTON, New York               JIM DAVIS, Florida
TOM CAMPBELL, California             EARL POMEROY, North Dakota
JOHN M. McHUGH, New York             WILLIAM D. DELAHUNT, Massachusetts
KEVIN BRADY, Texas                   GREGORY W. MEEKS, New York
RICHARD BURR, North Carolina         BARBARA LEE, California
PAUL E. GILLMOR, Ohio                JOSEPH CROWLEY, New York
GEORGE P. RADANOVICH, California     JOSEPH M. HOEFFEL, Pennsylvania
JOHN COOKSEY, Louisiana
THOMAS G. TANCREDO, Colorado
                    Richard J. Garon, Chief of Staff
          Kathleen Bertelsen Moazed, Democratic Chief of Staff
                                 ------                                

                     COMMITTEE ON FOREIGN RELATIONS

                 JESSE HELMS, North Carolina, Chairman
RICHARD G. LUGAR, Indiana            JOSEPH R. BIDEN, Jr., Delaware
CHUCK HAGEL, Nebraska                PAUL S. SARBANES, Maryland
GORDON H. SMITH, Oregon              CHRISTOPHER J. DODD, Connecticut
ROD GRAMS, Minnesota                 JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas                RUSSELL D. FEINGOLD, Wisconsin
CRAIG THOMAS, Wyoming                PAUL D. WELLSTONE, Minnesota
JOHN ASHCROFT, Missouri              BARBARA BOXER, California
BILL FRIST, Tennessee                ROBERT G. TORRICELLI, New Jersey
LINCOLN D. CHAFEE, Rhode Island
                   Stephen E. Biegun, Staff Director
                 Edwin K. Hall, Minority Staff Director



                            C O N T E N T S

                              ----------                              

                                VOLUME I

                                                                   Page
Foreword.........................................................   VII
Letter of Transmittal............................................    IX
Preface..........................................................    XI
Introduction.....................................................    XV
Africa:
    Angola.......................................................     1
    Benin........................................................    14
    Botswana.....................................................    20
    Burkina Faso.................................................    29
    Burundi......................................................    39
    Cameroon.....................................................    47
    Cape Verde...................................................    69
    Central African Republic.....................................    74
    Chad.........................................................    85
    Comoros......................................................    94
    Congo, Democratic Republic of................................    99
    Congo, Republic of...........................................   128
    Cote d'Ivoire................................................   138
    Djibouti.....................................................   155
    Equatorial Guinea............................................   166
    Eritrea......................................................   173
    Ethiopia.....................................................   182
    Gabon........................................................   203
    Gambia, The..................................................   211
    Ghana........................................................   220
    Guinea.......................................................   237
    Guinea-Bissau................................................   249
    Kenya........................................................   256
    Lesotho......................................................   279
    Liberia......................................................   288
    Madagascar...................................................   299
    Malawi.......................................................   305
    Mali.........................................................   313
    Mauritania...................................................   321
    Mauritius....................................................   337
    Mozambique...................................................   343
    Namibia......................................................   357
    Niger........................................................   369
    Nigeria......................................................   379
    Rwanda.......................................................   402
    Sao Tome and Principe........................................   412
    Senegal......................................................   415
    Seychelles...................................................   427
    Sierra Leone.................................................   433
    Somalia......................................................   442
    South Africa.................................................   449
    Sudan........................................................   464
    Swaziland....................................................   482
    Tanzania.....................................................   490
    Togo.........................................................   505
    Uganda.......................................................   518
    Zambia.......................................................   535
    Zimbabwe.....................................................   547

Latin America, Canada, and the Caribbean:
    Antigua and Barbuda..........................................   569
    Argentina....................................................   573
    Bahamas......................................................   584
    Barbados.....................................................   590
    Belize.......................................................   594
    Bolivia......................................................   601
    Brazil.......................................................   611
    Canada.......................................................   634
    Chile........................................................   641
    Colombia.....................................................   656
    Costa Rica...................................................   691
    Cuba.........................................................   698
    Dominica.....................................................   718
    Dominican Republic...........................................   722
    Ecuador......................................................   737
    El Salvador..................................................   747
    Grenada......................................................   763
    Guatemala....................................................   767
    Guyana.......................................................   792
    Haiti........................................................   801
    Honduras.....................................................   815
    Jamaica......................................................   829
    Mexico.......................................................   834
    Nicaragua....................................................   857
    Panama.......................................................   872
    Paraguay.....................................................   885
    Peru.........................................................   896
    St. Kitts and Nevis..........................................   924
    Saint Lucia..................................................   928
    St. Vincent and the Grenadines...............................   932
    Suriname.....................................................   936
    Trinidad and Tobago..........................................   943
    Uruguay......................................................   948
    Venezuela....................................................   954

East Asia and the Pacific:
    Australia....................................................   971
    Brunei.......................................................   978
    Burma........................................................   984
    Cambodia.....................................................  1006
    China (includes Hong Kong and Macau).....................1018, 1089
    China (Taiwan only)..........................................  1095
    Fiji.........................................................  1106
    Indonesia....................................................  1113
    Japan........................................................  1153
    Kiribati.....................................................  1166
    Korea, Democratic People's Republic of.......................  1179
    Korea, Republic of...........................................  1169
    Laos.........................................................  1189
    Malaysia.....................................................  1199
    Marshall Islands.............................................  1227
    Micronesia, Federated States of..............................  1230
    Mongolia.....................................................  1234
    Nauru........................................................  1239
    New Zealand..................................................  1242
    Palau........................................................  1247
    Papua New Guinea.............................................  1251
    Philippines..................................................  1256
    Samoa........................................................  1268
    Singapore....................................................  1272
    Solomon Islands..............................................  1288
    Thailand.....................................................  1292
    Tonga........................................................  1306
    Tuvalu.......................................................  1309
    Vanuatu......................................................  1312
    Vietnam......................................................  1316

                               VOLUME II

Europe:
    Albania......................................................  1337
    Andorra......................................................  1348
    Armenia......................................................  1351
    Austria......................................................  1366
    Azerbaijan...................................................  1375
    Belarus......................................................  1390
    Belgium......................................................  1414
    Bosnia and Herzegovina.......................................  1422
    Bulgaria.....................................................  1440
    Croatia......................................................  1458
    Cyprus.......................................................  1479
    Czech Republic...............................................  1488
    Denmark......................................................  1503
    Estonia......................................................  1507
    Finland......................................................  1515
    France.......................................................  1519
    Georgia......................................................  1531
    Germany......................................................  1546
    Greece.......................................................  1559
    Hungary......................................................  1574
    Iceland......................................................  1585
    Ireland......................................................  1590
    Italy........................................................  1598
    Kazakhstan...................................................  1606
    Kyrgyz Republic..............................................  1628
    Latvia.......................................................  1640
    Liechtenstein................................................  1649
    Lithuania....................................................  1652
    Luxembourg...................................................  1661
    Former Yugoslav Republic of Macedonia........................  1664
    Malta........................................................  1675
    Moldova......................................................  1678
    Monaco.......................................................  1688
    Netherlands, The.............................................  1691
    Norway.......................................................  1698
    Poland.......................................................  1702
    Portugal.....................................................  1719
    Romania......................................................  1725
    Russia.......................................................  1735
    San Marino...................................................  1797
    Serbia-Montenegro............................................  1799
    Slovak Republic..............................................  1844
    Slovenia.....................................................  1857
    Spain........................................................  1861
    Sweden.......................................................  1875
    Switzerland..................................................  1882
    Tajikistan...................................................  1890
    Turkey.......................................................  1902
    Turkmenistan.................................................  1937
    Ukraine......................................................  1947
    United Kingdom...............................................  1970
    Uzbekistan...................................................  1988

Near East and North Africa:
    Algeria......................................................  2009
    Bahrain......................................................  2020
    Egypt........................................................  2031
    Iran.........................................................  2050
    Iraq.........................................................  2070
    Israel and the occupied territories..........................  2092
    Jordan.......................................................  2124
    Kuwait.......................................................  2137
    Lebanon......................................................  2151
    Libya........................................................  2162
    Morocco......................................................  2170
    Western Sahara...............................................  2189
    Oman.........................................................  2192
    Qatar........................................................  2201
    Saudi Arabia.................................................  2207
    Syria........................................................  2219
    Tunisia......................................................  2230
    United Arab Emirates.........................................  2248
    Yemen........................................................  2256

South Asia:
    Afghanistan..................................................  2277
    Bangladesh...................................................  2294
    Bhutan.......................................................  2315
    India........................................................  2325
    Maldives.....................................................  2367
    Nepal........................................................  2374
    Pakistan.....................................................  2389
    Sri Lanka....................................................  2434

Appendices:
    A. Notes on Preparation of the Reports.......................  2457
    B. Reporting on Worker Rights................................  2459
    C. International Human Rights Conventions....................  2462
    D. Information on International Human Rights Conventions 
      Listed in Appendix C.......................................  2468
    E. FY 1999 U.S. Economic and Security Assistance (Actual 
      Obligations)...............................................  2469
    F. 55th Session of the U.N. Human Rights Commission Voting 
      Record.....................................................  2474
    G. United Nations Universal Declaration of Human Rights......  2478



                                FOREWORD

                              ----------                              

    The country reports on human rights practices contained 
herein were prepared by the Department of State in accordance 
with sections 126(d) and 502B(b) of the Foreign Assistance Act 
of 1961, as amended. They also fulfill the legislative 
requirements of section 505(c) of the Trade Act of 1974, as 
amended.
    The reports cover the human rights practices of all nations 
that are members of the United Nations and a few that are not. 
They are printed to assist Members of Congress in the 
consideration of legislation, particularly foreign assistance 
legislation.

                                    Benjamin A. Gilman,    
                    Chairman, Committee on International Relations.
                                           Jesse Helms,    
                          Chairman, Committee on Foreign Relations.



                         LETTER OF TRANSMITTAL

                              ----------                              

                                       Department of State,
                               Washington, DC, February 25, 1999.  
Hon. Jesse Helms,
Chairman, Committee on Foreign Relations,
U.S. Senate.
    Dear Mr. Chairman: On behalf of the Secretary of State, I 
am transmitting to you the Country Reports on Human Rights 
Practices for 1998, prepared in compliance with sections 
116(d)(1) and 502(B)(b) of the Foreign Assistance Act of 1961, 
as amended, and section 505(c) of the Trade Act of 1974, as 
amended.
    We hope this report is helpful. Please let us know if we 
can provide any further information.
            Sincerely,
                                        Barbara Larkin,    
                          Assistant Secretary, Legislative Affairs.
    Enclosure.


                              PREFACE 1999

                              ----------                              


                          HUMAN RIGHTS REPORTS

Why The Reports Are Prepared
    This report is submitted to the Congress by the Department 
of State in compliance with sections 116(d) and 502(b) of the 
Foreign Assistance Act of 1961 (FAA), as amended, and section 
504 of the Trade Act of 1974, as amended. The law provides that 
the Secretary of State shall transmit to the Speaker of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate, by February 25 ``a full and complete report 
regarding the status of internationally recognized human 
rights, within the meaning of subsection (A) in countries that 
receive assistance under this part, and (B) in all other 
foreign countries which are members of the United Nations and 
which are not otherwise the subject of a human rights report 
under this Act.'' We have also included reports on several 
countries that do not fall into the categories established by 
these statutes and that thus are not covered by the 
congressional requirement.
    The responsibility of the United States to speak out on 
behalf of international human rights standards was formalized 
in the early 1970's. In 1976 Congress enacted legislation 
creating a Coordinator of Human Rights in the Department of 
State, a position later upgraded to Assistant Secretary. In 
1994 the Congress created a position of Senior Advisor for 
Women's Rights. Congress also has written into law formal 
requirements that U.S. foreign and trade policy take into 
account countries' human rights and worker rights performance 
and that country reports be submitted to the Congress on an 
annual basis. The first reports, in 1977, covered only 
countries receiving U.S. aid, numbering 82; this year 194 
reports are submitted.
How The Reports Are Prepared
    In August 1993, the Secretary of State moved to strengthen 
further the human rights efforts of our embassies. All sections 
in each embassy were asked to contribute information and to 
corroborate reports of human rights violations, and new efforts 
were made to link mission programming to the advancement of 
human rights and democracy. In 1994 the Bureau of Human Rights 
and Humanitarian Affairs was reorganized and renamed as the 
Bureau of Democracy, Human Rights, and Labor, reflecting both a 
broader sweep and a more focused approach to the interlocking 
issues of human rights, worker rights, and democracy. The 1999 
human rights reports reflect a year of dedicated effort by 
hundreds of State Department, Foreign Service, and other U.S. 
Government employees.
    Our embassies, which prepared the initial drafts of the 
reports, gathered information throughout the year from a 
variety of sources across the political spectrum, including 
government officials, jurists, military sources, journalists, 
human rights monitors, academics, and labor activists. This 
information-gathering can be hazardous, and U.S. Foreign 
Service Officers regularly go to great lengths, under trying 
and sometimes dangerous conditions, to investigate reports of 
human rights abuse, monitor elections, and come to the aid of 
individuals at risk, such as political dissidents and human 
rights defenders whose rights are threatened by their 
governments.
    After the embassies completed their drafts, the texts were 
sent to Washington for careful review by the Bureau of 
Democracy, Human Rights, and Labor, in cooperation with other 
State Department offices. As they worked to corroborate, 
analyze, and edit the reports, the Department officers drew on 
their own sources of information. These included reports 
provided by U.S. and other human rights groups, foreign 
government officials, representatives from the United Nations 
and other international and regional organizations and 
institutions, and experts from academia and the media. Officers 
also consulted with experts on worker rights issues, refugee 
issues, military and police matters, women's issues, and legal 
matters. The guiding principle was to ensure that all relevant 
information was assessed as objectively, thoroughly, and fairly 
as possible.
    The reports in this volume will be used as a resource for 
shaping policy, conducting diplomacy, and making assistance, 
training, and other resource allocations. They also will serve 
as a basis for the U.S. Government's cooperation with private 
groups to promote the observance of internationally recognized 
human rights.
    The Country Reports on Human Rights Practices cover 
internationally recognized individual, civil, political, and 
worker rights, as set forth in the Universal Declaration of 
Human Rights. These rights include freedom from torture or 
other cruel, inhuman, or degrading treatment or punishment; 
from prolonged detention without charges; from disappearance or 
clandestine detention; and from other flagrant violations of 
the right to life, liberty, and the security of the person.
    Universal human rights aim to incorporate respect for human 
dignity into the processes of government and law. All persons 
have the inalienable right to change their government by 
peaceful means and to enjoy basic freedoms, such as freedom of 
expression, association, assembly, movement, and religion, 
without discrimination on the basis of race, religion, national 
origin, or sex. The right to join a free trade union is a 
necessary condition of a free society and economy. Thus the 
reports assess key internationally recognized worker rights, 
including the right of association; the right to organize and 
bargain collectively; prohibition of forced or compulsory 
labor; the status of child labor practices and the minimum age 
for employment of children; and acceptable work conditions.
    Within the Bureau of Democracy, Human Rights, and Labor, 
the editorial staff of the Country Reports Team consists of: 
Editor in Chief--Marc J. Susser; Supervisory Editor--Leslie A. 
Gerson; Managing Editor--Jeannette P. Dubrow; Technical 
Editor--Larry Arthur; Editors--Liana Brooks, Frank B. Crump, 
Joan Garner, Stanley Ifshin, David T. Jones, Lisa N. Kaplan, 
Susan F. Kovalik, Amy E. McKee, Gregory P. Moody, Diana D. 
Perry-Elby, Yvette Saint-Andre, Rachel D. Settlage, John C. 
Sheerin, Carol A. Timko, James C. Todd, Stephen W. Worrel; 
Assistant Editors--John Bradshaw, Charles J. Brown, Christine 
Camillo, Douglas B. Dearborn, Carol G. Finerty, Jose Garriga, 
Ramona Harper, Peter Higgins, Ann Hudock, Alex Kronemer, Susan 
Keogh, Paul Martin, Edmund McWilliams, Robert L. Norman, David 
Park, Maria Pica, Susan O'Sullivan, Tamara J. Resler, Mark D. 
Schall, Madeleine Seidenstricker, Wendy L. Shapiro, Wendy B. 
Silverman, Mark A. Simonoff, Yvonne F. Thayer, Amy Young, 
Robert C. Ward; Editorial Assistants--Charmaine Coleman, Linda 
Hayes, Katie Janick, Laura Muir, Carrie O'Connell, Jennifer 
Pekkinen, Joshua Rubinstein, Vonzella Taylor, Eunice Watson.



              INTRODUCTION TO THE 1999 HUMAN RIGHTS REPORT

    I. The Third Globalization: Transnational Human Rights Networks

    Today, all the talk is of globalization. But far too often, 
both its advocates and its critics have portrayed globalization 
as an exclusively economic and technological phenomenon. In 
fact, in the new millennium, there are at least three universal 
``languages:'' money, the Internet, and democracy and human 
rights. An overlooked ``third globalization''--the rise of 
transnational human rights networks of both public and private 
actors--has helped develop what may over time become an 
international civil society capable of working with 
governments, international institutions, and multinational 
corporations to promote both democracy and the standards 
embodied in the Universal Declaration of Human Rights.
    In Davos recently, President Clinton noted that ``Since 
globalization is about more than economics, our interdependence 
requires us to find ways to meet the challenges of advancing 
our values.'' In 1999 the United States continued to meet that 
challenge. As a leader in promoting democracy and human rights 
around the world, the United States played an essential and 
catalyzing role in the process of creating transnational human 
rights networks. Just this past year, President Clinton and 
Secretary Albright helped forge international solutions to the 
crises in Kosovo and East Timor by encouraging a wide range of 
governmental and nongovernmental actors to join together in 
public-private networks to promote international justice. The 
United States is committed to the long-term project of helping 
such networks develop into an international civil society, an 
effective partnership of governments, international agencies, 
multinational corporations, and nongovernmental organizations 
(NGO's) that will support democracy worldwide and promote the 
standards embodied in the Universal Declaration of Human 
Rights.
    The great American civil rights leader Martin Luther King, 
Jr. acknowledged ``the interrelatedness of all communities and 
states . . . caught in an inescapable network of mutuality, 
tied in a single garment of destiny.'' What Dr. King 
understood, even 40 years ago, was the need--in an increasingly 
interdependent world--for governments, businesses, NGO's, and 
individuals to work together as agents of change. But what Dr. 
King could not fully envision was an era in which these growing 
national networks would face both the profound opportunities 
and the challenges posed by globalization.
    Traditionally, networks have evolved out of communities of 
like-minded individuals who gather around shared interests and 
values. Often they begin as informal conversations, over dinner 
tables and conference tables, which help individuals identify a 
shared set of values and standards upon which they can base 
their behavior. They help generate what de Tocqueville called 
``habits of the heart''--those characteristics of human nature 
that encourage otherwise isolated individuals to connect with 
one another into a broader community. At times, private 
networks coalesce into a single NGO. More frequently, however, 
they remain loose coalitions of membership-based citizens' 
lobbies, labor unions, foundations, academics, professional 
associations, religious bodies, and other groups that share a 
desire to identify solutions to a single problem.
    Such networks developed at the neighborhood, the community, 
and at times the national level. But today, new kinds of 
networks--linked by air transport, telecommunications, the 
global media, and the Internet--are helping create 
transnational communities of shared institutions, shared ideas, 
and--most importantly--shared values. We are rapidly moving 
toward a global network of government officials, activists, 
thinkers, and practitioners who share a common commitment to 
democracy, the universality of human rights, and respect for 
the rule of law.
    Not surprisingly, the emergence of global 
telecommunications and commercial networks--the two other new 
``global languages''--have served as important driving forces 
behind this trend. Just as the Berlin Wall once stood as a 
physical barrier to movement and the free spread of democracy, 
governments that abuse human rights also seek to build walls 
that will stop the free flow of information. But the global 
information revolution has perforated such walls: E-mail, the 
Internet, cell phones, and other technologies have helped 
activists from around the globe to connect with one another in 
ways that were impossible only 10 years ago. The Internet has 
created a world in which traditional hierarchical, 
bidirectional models of authority have been replaced by 
nonhierarchical, multidirectional systems that naturally feed 
the growth of transnational networks. Similarly, the global 
commercial revolution has multiplied contact points between 
open and closed societies. As corporations, banks, 
international financial institutions, and private investors 
engage with transitional societies, they increasingly serve as 
transmission belts for human rights norms and advocates for 
human rights improvements.
    Increasingly, some of the most successful transnational 
networks are those that partner with, respond to, or support 
government initiatives on behalf of democracy and human rights. 
Perhaps the best example of the power of such public-private 
network partnerships can be found in the developments over the 
past year in Kosovo and East Timor. In the days and weeks 
leading up to both NATO's decision to use military force to 
stop Serb atrocities in Kosovo and the United Nations' decision 
to use military force to stop militia and army human rights 
abuses in East Timor, transnational networks of human rights 
activistsplayed a key role. During and after the Kosovo crisis, 
networks of human rights advocates and humanitarian relief workers 
worked closely with governments, the International Criminal Tribunal 
for the Former Yugoslavia, and NATO and KFOR forces to document 
allegations of war crimes and violations of humanitarian law. In both 
Kosovo and East Timor, NGO's are working with U.N. missions to build 
networks to support reconstruction, document human rights abuses, and 
support justice initiatives.
    When nongovernmental groups worked with intergovernmental 
agencies and national governments in Kosovo and East Timor, NGO 
efforts enriched government policy-creation efforts, and 
governments in turn helped guide and coordinate the work of 
NGO's. As a result of this public-private collaboration, 
governments successfully pooled their military and financial 
resources to halt the atrocities, and the international 
community began the hard work of rebuilding badly damaged 
societies.
    Transnational human rights networks of governments and 
nongovernmental actors have also worked closely together to 
secure the adoption of a wide range of declarations, 
international treaties, conventions, and protocols addressing 
key human rights issues. Many of these networks emerged from 
the world human rights conferences that took place in the 
1990's. At the World Conference on Human Rights in Vienna in 
1993 and the Fourth World Conference on Women in Beijing in 
1995, NGO activists worked with democratic governments to 
combat efforts made by dictatorships to distort the 
conferences' final declarations. Both conferences also led to 
the creation of permanent confederations of NGO's, which have 
continued to work in partnership with democratic governments. 
More recently, NGO's and governments have worked together to 
secure agreements on eliminating the worst forms of child labor 
and ending the use of child soldiers.
    Transnational networks have played an important role in 
shaping the robust debate over how to guarantee international 
justice. While various actors in the international community do 
not yet agree fully on how best to address past human rights 
violations, particularly in the context of difficult democratic 
transitions, a great deal of concrete progress nonetheless has 
been made. As recently as the Vienna Conference on Human 
Rights, most governments (and many NGO's) regarded efforts to 
establish international judicial mechanisms to promote justice 
as remote or even utopian. Yet 7 years later, the world has 
witnessed the establishment of International Criminal Tribunals 
for the Former Yugoslavia and Rwanda. Indeed, there also has 
been active and sometimes controversial domestic civil and 
criminal litigation against former dictators.
    Each of these developments took place in part because like-
minded governments worked with NGO's to create a public-private 
network through which ``the international community'' could 
address critical human rights concerns. To be sure, no 
international consensus yet exists on many international 
justice issues, including the establishment of an International 
Criminal Court. However, the critical achievements of 
transnational human rights networks have been to place 
international justice issues on the agenda and to search for 
forums in which justice ultimately can be reached.
    The United States continues to be a leader in the formation 
of new transnational human rights networks. For example, the 
U.S. Institute of Peace and the Department of State recently 
hosted a roundtable on justice and reconciliation at which 
visiting Indonesian officials drew on the experiences of five 
other countries--El Salvador, Chile, Argentina, South Africa, 
and South Korea--that have confronted the human rights abuses 
of prior authoritarian regimes while making the transition to 
democracy. Participants focused on the advantages and 
disadvantages of a range of mechanisms for promoting justice 
and reconciliation: Truth commissions, noncriminal sanctions, 
criminal accountability, and compensation for victims. Other 
recent successful efforts at human rights networking began at a 
private-public conference at the United States Holocaust Museum 
in Washington to discuss the design of an atrocities prevention 
information and action network and at a public-private 
Organization for Security and Cooperation in Europe (OSCE) 
supplemental Human Dimension Meeting on Roma and Sinti issues.
    In a number of critical areas, the Department of State has 
appointed special representatives to take the lead on building 
and working with existing human rights and civil society 
networks. As 1999 ended, Deputy Secretary of the Treasury 
Stuart Eizenstat, in his role as Special Representative of the 
President and Secretary of State on Holocaust-Era Issues, 
catalyzed efforts by the German Government and German industry 
to capitalize a multibillion dollar foundation to make payments 
to those who worked as forced and slave laborers for German 
companies during the Nazi era and to others who were injured 
during World War II. He also helped stimulate the work of the 
historical commissions of 19 nations, including the United 
States, to examine their roles during the War and their 
relationship to Holocaust-related assets.
    Others have played an equally important role. Under 
Secretary of State for Economic Affairs Alan Larson has worked 
with a wide range of civil society groups in the Department's 
advisory group on international economic policy and the 
transatlantic consumer dialog. He also plays an active role in 
bringing the private business sector together with other civil 
society groups to address issues ranging from foreign economic 
policy to corporate responsibility. Robert Seiple, Ambassador 
atLarge for International Religious Freedom, has worked closely 
with advisory groups and religious organizations, as well as the 
Commission on International Religious Freedom, to develop strategies to 
expand religious freedom worldwide. David Scheffer, Ambassador at Large 
for War Crimes Issues, has undertaken similar efforts along with 
governments, intergovernmental entities, and NGO's dedicated to 
accountability and justice for past abuses and prevention of future 
atrocities. Joseph Onek, the Department of State's Global Rule of Law 
Coordinator, has built partnerships with bar associations, ministries 
of justice, judicial and prosecutorial training centers, and legal 
academics to promote rule of law and legal institutions worldwide. 
Theresa Loar, the Department's Senior Coordinator on Women's Issues and 
Director of the President's Interagency Council on Women, has worked 
closely with existing global networks to promote women's rights as 
human rights leading to the fifth anniversary of the Beijing Women's 
Conference. Sandra Polaski, the Secretary's Special Representative for 
International Labor Affairs, has strengthened the connection between 
the Department of State and the international labor movement by 
regularly convening the Secretary's Advisory Committee on International 
Labor Diplomacy and expanding the international labor function within 
the Department of State.
    Over the past 2 years, public-private transnational 
networks also have helped advance and promote the cause of 
democracy, as both a fundamental human right in itself and as a 
means to greater protection for a wide range of human rights. 
One of the most startling political changes of the post-Cold 
War era has been the explosion in the number of democracies 
worldwide: By most counts the number of democratic governments 
expanded fourfold in the last quarter of the 20th Century, from 
30 in 1974 to some 120 today. The U.S. Government's democracy-
promotion efforts have played an important role in bringing 
about this fundamental revolution in the way most nations are 
governed.
    In 1999 U.S. democracy-promotion strategy set out upon four 
new paths: Priority-setting; resource-matching; standard-
setting; and network-building. First, in an effort to give 
greater priority in U.S. support to countries that are at 
critical transition points in their movement toward democracy, 
Secretary of State Albright designated four countries--
Colombia, Indonesia, Nigeria and Ukraine--as ``democracy 
priority'' countries. Second, the Secretary used her 
legislatively enhanced authority over the Agency for 
International Development to gain greater oversight over the 
assistance budgeting process, thereby seeking to channel more 
resources directly to the democracy priority countries. Third, 
to make clear that the right of democratic governance is not 
simply a privilege or a luxury, the United States introduced a 
resolution at the 55th Session of the United Nations Human 
Rights Commission in Geneva that explicitly reaffirmed that 
each individual has not just a hope of, but a right to, 
democratic governance: the resolution passed by a margin of 51-
0, with only 2 member countries abstaining.
    Fourth and finally, an impressive series of gatherings has 
helped lay the groundwork for creating a worldwide community of 
democracy activists and practitioners. In Mali, African 
governments and democratic activists met with aid officials 
from donor nations to discuss democratic development. In India, 
the world's democratic NGO's gathered in the first meeting of 
the ``Worldwide Movement for Democracy'' to discover shared 
values that transcend regional, cultural, or religious 
differences. In Yemen, small and emerging democracies met to 
identify common concerns. In Romania, new and restored 
democracies agreed on an agenda of action to support democracy 
in international fora. In the Republic of Korea, activists 
gathered at separate events to discuss the interrelationship 
between democracy and economic growth and the need for a 
network of Asian democrats. In Austria, Iceland, Northern 
Ireland, Trinidad and Tobago, and Uruguay, women from 
government and NGO communities gathered at Vital Voices 
conferences to promote greater political participation for 
women in democratic dialog.
    In the first months of 2000, U.S. democracy-promotion 
efforts have expanded in two new directions. First, as 
challenges to democratic governance have emerged in Paraguay, 
Cote d'Ivoire, Ecuador, and Pakistan, the global democratic 
network has worked to develop common strategies not just to 
promote ``democratic advance,'' but also to combat ``democratic 
backsliding.''
    Second, to develop a full-fledged intergovernmental dialog 
among those nations of the world committed to pursuing a 
democratic path and to explore how best to strengthen 
democratic institutions and processes, the foreign ministers of 
Poland, the Czech Republic, Chile, India, the Republic of 
Korea, Mali, and the United States have agreed to convene in 
Warsaw, Poland, in June 2000 a meeting of the ``Community of 
Democracies.'' This intergovernmental gathering should provide 
an unprecedented opportunity for established, emerging, and 
aspiring democracies to exchange experiences, to identify best 
practices, and to formulate an agenda for international 
cooperation in order to realize democracy's full potential. 
Concurrent with the ministerial meeting, a number of 
distinguished thinkers and path-breaking promoters of democracy 
from around the world will gather in Warsaw to discuss 
complementary issues and ideas. These representatives of 
intellectual life and civil society will present to the 
ministerial meeting their ideas as to how governments and 
citizens can better work together to strengthenand preserve 
democracy, thereby helping to strengthen the public-private regime 
dedicated to democracy-promotion and preservation.
    Transnational human rights and democracy networks also can 
play an influential role in securing change within 
international institutions. In recent years, the World Bank, 
Regional Development Banks, and the United Nations Development 
Program, with the support of the U.S. Government, all actively 
have sought out dialog with a wide range of human rights and 
democracy groups to integrate respect for human rights, 
democratic governance, and the rule of law into their vision of 
human development. Much of the work of the U.N. Commissions on 
Human Rights and the Status of Women now takes place on the 
margins of the formal sessions, in informal networking among 
governments, and between NGO's and governments. Other U.N. 
bodies, such as UNICEF, UNIFEM, and the offices of the U.N. 
High Commissioners for Refugees and Human Rights frequently 
seek out the counsel of networks of like-minded governments, 
NGO's, and regional organizations, such as the European Union, 
the OSCE, the Council of Europe, the Organization of American 
States, and the Organization for African Unity.
    In addition in areas ranging from environmental protection 
to human rights, corporations have begun to meet regularly not 
only with unions but with broader transnational human rights 
networks to identify how they can work together to solve 
problems. Corporate social responsibility increasingly has been 
accepted as a core tenet of global corporate citizenship, 
generating gatherings from Davos to San Francisco to London, as 
well as new networks of concern, including the new Global 
Sullivan Principles, the Fair Labor Association, the Worker 
Rights Consortium, the SA 8000 initiative, the ``No Sweat'' 
Initiative, and the Apparel Industry Partnership.
    The U.S. Government has sought to encourage this trend by 
interacting and building alliances with multinational 
corporations that share a commitment has to establish a public-
private network devoted to human rights advancement. In 
partnership with American companies, we have developed a set of 
voluntary Model Business Principles; we also have worked with 
the business and labor communities as well as the International 
Labor Organization to promote 1998's Declaration on Core Labor 
Standards. We are working closely with the garment and footwear 
industries, trade unions, and community activists to combat the 
still-too-pervasive reality of sweatshop labor at home and 
abroad. Most recently, we have been exploring new ways to work 
together with community activists, human rights NGO's, and 
corporations working in the extractive industries to promote 
human rights, support democratic institutions, and strengthen 
the rule of law, particularly in the three democracy-priority 
countries of Colombia, Indonesia, and Nigeria.
    In every area, the work of the U.S. Government in 
democracy, human rights, and labor is increasingly being done 
not in isolation, but in partnership: Not just with other 
public entities, such as governments and intergovernmental 
organizations and international financial institutions, but 
with private entities, such as human rights and humanitarian 
NGO's; the media; labor unions; religious organizations; and 
corporations and commercial entities. As the new millennium 
unfolds, these transnational human rights networks will only 
expand and flourish. As international commerce and 
telecommunications continue to bind the world's peoples 
together, the United States will remain committed to using the 
universal language of human rights to build public-private 
networks to promote democracy and human rights worldwide.

                         II. The Year in Review

    Perhaps because there was no defining moment like the 
collapse of the Berlin Wall, few analysts noticed that 1999 saw 
as profound a positive trend toward freedom as 1989. Thanks to 
democratic elections in Indonesia and Nigeria, two of the 
world's most populous states, more people came under democratic 
rule than in any other recent year, including 1989. In 
addition, the NATO intervention in Kosovo and the international 
intervention in East Timor demonstrated that the international 
community has the will and the capacity to act against the most 
profound violations of human rights.
    Yet these significant gains in democracy and human rights 
cannot overshadow the fact that the past year also saw a number 
of profound challenges to human rights. Serbia's expulsion of 
over 850,000 Albanians, the Indonesian military's complicity in 
the militia rampage through East Timor, and the horrors 
perpetrated by rebels in Sierra Leone all show that the world 
still has a long way to go before it fully adheres to the 
precepts of the Universal Declaration of Human Rights. In 
addition, the coup in Pakistan and popular dissatisfaction in 
Latin America clearly demonstrate that the road to democratic 
governance is not without its problems and challenges. And 
despite the gains in Nigeria and Indonesia, too many 
authoritarian governments continue to deny basic human rights, 
including the right to democracy, to their citizens. The 
following sections highlight key developments over the past 
year in human rights, democracy, and labor.

                    A. Developments in Human Rights

    1. The Right to Democratic Dissent. Article One of the 
United Nations Declaration on Human Rights Defenders states 
that ``Everyone hasthe right . . . to promote and to strive for 
the protection and realization of human rights and fundamental 
freedoms.'' All too often, we take this principle for granted. Yet each 
year, dedicated human rights activists and democratic dissidents around 
the world lose their lives defending this remarkable, transforming 
idea. In a large number of the countries covered in this report, human 
rights defenders and democratic dissidents face harassment, 
imprisonment, disappearances, or torture; in some cases, the risk comes 
from government sources. In many others, however, the risk is from 
nongovernmental insurgent, terrorist, or criminal elements.
    Certain countries seem to take particular pleasure in 
restricting the right to democratic dissent. Take Serbia, where 
the Government of Federal Republic of Yugoslavia President 
Slobodan Milosevic initiated a brutal and indiscriminate police 
and military crackdown against ethnic Albanian opponents in 
Kosovo and sought to limit and suppress dissent closer to home. 
The Kosovo campaign ended only after the international 
community intervened militarily. Before and during the 
conflict, Kosovar Albanians known to oppose the regime were 
murdered, raped, disappeared, expelled, or detained in Serbian 
prisons. In addition over 850,000 Kosovar Albanian civilians 
were expelled forcibly to neighboring Albania, Montenegro, and 
the Former Yugoslav Republic of Macedonia. Severe violations of 
human rights, though less dramatic, also characterized the 
situation in the Serbian heartland, where the regime muzzled 
independent voices and forcibly dispersed citizens peaceably 
protesting government policies.
    Similarly in Cuba, the regime of Fidel Castro continued to 
suppress opposition and criticism. Cuban authorities routinely 
harass, threaten, arbitrarily arrest, detain, imprison, and 
defame human rights advocates and members of independent 
professional associations, including journalists, economists, 
doctors, and lawyers, often with the goal of coercing them into 
leaving the country. The Government denied political dissidents 
and human rights advocates due process and subjected them to 
unfair trials. Many remained in prison at year's end. Although 
the Government sought to discourage and thwart foreign contacts 
with human rights activists, it did publicly state before the 
Ibero-American Summit in November that visiting delegations 
were free to meet with any person in the country, and about 20 
dissidents met with 9 different delegations, including 3 heads 
of state. Prior to the summit, however, authorities temporarily 
detained a number of human rights activists to prevent them 
from preparing for meetings with the visiting leaders.
    In Asia, dissidents and defenders face a range of 
challenges. In China, authorities broadened and intensified 
their efforts to suppress those perceived to threaten 
government power or national stability. Citizens who sought to 
express openly dissenting political and religious views faced 
widespread repression. In the weeks leading up to both June 
4th, the 10th anniversary of the Tiananmen massacre, and 
October 1st, the 50th anniversary of the founding of the 
People's Republic, the Government moved against political 
dissidents across the country, detaining and formally arresting 
scores of activists in cities and provinces nationwide and 
thwarting any attempts to use the anniversaries as 
opportunities for protest. Authorities targeted members of the 
China Democracy Party (CDP), which had already had three of its 
leaders sentenced to lengthy prison terms in December 1998. 
Beginning in May, dozens of CDP members were arrested in a 
widening crackdown, and additional CDP leaders were convicted 
of subversion and sentenced to long prison terms in closed 
trials that flagrantly violated due process. Others were kept 
detained for long periods without charge. In addition both 
leaders and followers of the popular Falun Gong spiritual 
movement faced harassment, beatings, arrest, detention, and in 
some cases, sentences to prison terms for protesting the 
Government's decision to outlaw their practice. Many not 
formally arrested reportedly were sentenced administratively, 
without trial, to up to 3 years in reeducation-through-labor 
camps. By year's end, almost all of the key leaders of the CDP 
were serving long prison terms, and only a handful of 
dissidents nationwide dared to remain active publicly.
    In North Korea, government repression is so severe that no 
organized opposition to the regime is known to exist. The 
Government regards almost any independent activity--including 
listening to foreign broadcasts, writing letters, and 
possessing ``reactionary'' printed matter--crimes against the 
state. In Burma, the military junta intensified its systematic 
use of coercion and intimidation to restrict further freedom of 
association. Authorities undertook a sustained, systematic 
campaign to destroy the National League for Democracy (NLD) 
without formally banning it, pressuring thousands of NLD party 
members to resign and closing NLD offices throughout the 
country. Hundreds of prodemocracy activists remain in jail. 
Nobel laureate Aung San Suu Kyi has had to constrain her 
activities as a result of threats from the junta, which has 
severely restricted her freedom of movement.
    Dissidents and defenders in the former Soviet Union also 
faced problems. In Belarus, two well-known opposition leaders 
disappeared under mysterious circumstances. Government security 
forces closely monitored human rights activists and arbitrarily 
arrested, detained, and beat political opponents and average 
citizens. Similarly in Uzbekistan, security forces arbitrarily 
arrested or detained human rights activists, pious Muslims, and 
other citizens on false charges. At least one human 
rightsactivist died in prison, allegedly after not receiving adequate 
medical care. In Turkmenistan, opposition figures and human rights 
activists regularly face arbitrary arrest, prolonged pretrial 
detention, unfair trials, and interference with privacy.
    In the Middle East, dissidents and defenders had to contend 
with similar difficulties. In Iraq, the regime of Saddam 
Hussein continued to commit widespread, serious, and systematic 
human rights abuses, summarily executing actual and perceived 
political opponents. In Syria, the Government uses its vast 
powers to quash all organized political opposition.
    Defenders and dissidents in Africa also faced severe 
challenges. In Sudan, despite the adoption of a new 
Constitution through a referendum in June 1998, the Government 
continues to restrict most civil liberties, including freedom 
of assembly, association, religion, and movement. Government 
security forces regularly tortured, beat, harassed, arbitrarily 
arrested, and detained opponents or suspected opponents of the 
Government, and they did so with impunity. Government forces 
also were responsible for extrajudicial killings and 
disappearances. In Equatorial Guinea, the Government encouraged 
the illegal kidnaping and involuntary repatriation of political 
opponents living abroad. There are no effective domestic human 
rights NGO's, and in April the Government promulgated a new law 
that further restricted NGO's and precluded them from 
functioning in the area of human rights.
    A growing trend around the world is the threat posed to 
democratic dissent by nongovernmental insurgent, terrorist, or 
criminal forces. In Colombia, for example, paramilitary forces, 
some with links to the armed forces, were responsible for the 
murder of numerous human rights activists as well as threats 
against many others. Guerrillas of the Revolutionary Armed 
Forces of Colombia (FARC) murdered three American indigenous 
rights activists who had traveled to that country to work with 
local indigenous leaders. In Sri Lanka, human rights defender 
and Tamil parliamentarian Neelan Tiruchelvam was killed by a 
suicide bomber believed to be linked with the separatist 
Liberation Tigers of Tamil Eelam (LTTE).
    Some countries saw improvements in the treatment of 
defenders and dissidents. Domestic human rights organizations 
continued to play a significant and increasing role in securing 
improved human rights conditions, although some NGO's reported 
monitoring and interference by the authorities. In April the 
Parliament repealed the 1963 Anti-Subversion Law, although it 
subsequently incorporated six crimes specified in that law into 
the Criminal Code. In March, the Habibie Government freed 52 
political prisoners, and in December the Wahid Government freed 
196 more. However, activists working in East and West Timor, 
Aceh, and Papua (Irian Jaya) continued to face significant 
restrictions on and interference in their activity.
    A number of governments took the positive step of releasing 
prominent defenders and dissidents. In Turkey, the Government 
suspended for 6 months the sentence of former Human Rights 
Association Chairman Akin Birdal, citing medical reasons 
stemming from injuries Birdal sustained during a May 1998 
attempt on his life. However, Birdal is subject to 
reimprisonment to resume his sentence in March 2000 and also 
faces many other charges. In Tunisia, the Government released 
on early parole Tunisian Human Rights League Vice President 
Khemais Ksila, who was arrested in September 1997 and convicted 
on charges of defamation of the public order, dissemination of 
false information, and inciting the public to violence. In 
Morocco, political dissident Abraham Serfaty, who had been 
exiled since 1991, was allowed to return. In Bhutan, the 
Government released dissident and former government official 
Tek Nath Rizal, who had been held for nearly 10 years. In 
Russia, retired Russian naval captain and environmental 
activist Aleksandr Nikitin was acquitted of espionage charges, 
but his legal difficulties and official harassment continue. 
The passport and visa services office has refused to issue him 
an international passport, and the local tax police have called 
him in for questioning, claiming that he owes personal income 
tax on all funds that western organizations raised and spent on 
his legal defense.
    2. Human Rights in Countries in Conflict. Civilians 
continue to endure human rights abuses, war crimes, and 
violations of humanitarian law in those countries facing 
internal insurgencies or civil war. Throughout the world, 
insurgents, paramilitary forces, and government security, 
military, and police forces used murder, rape, and inhumane 
tactics to assert control over territory, to secure the 
cooperation of civilians, and to silence opposition voices. As 
was the case in previous years, tens of thousands of civilian 
men, women, and children continued to die not only from 
conflict, but also from premeditated campaigns intended to 
instill terror among civilian populations.
    Africa continues to be the locus of many of the world's 
worst conflicts. In Sierra Leone, rebel forces committed 
numerous egregious abuses, including murder, abduction, 
deliberate mutilations, and rape. Progovernment militias also 
committed abuses, albeit on a lesser scale. The rebels 
continued their particularly vicious practice of cutting off 
the ears, noses, hands, arms, and legs of noncombatants--
including small children and elderly women. Rebel forces 
abducted missionaries, aid workers, U.N. personnel, and 
journalists; ambushed humanitarian relief convoys; raided 
refugee sites; and extorted and stole food. They abducted 
children to use as soldiers and other civilians to serve as 
forced laborers, sex slaves, andhuman shields. After the May 
cease-fire, insurgents continued to commit abuses, although 
significantly fewer were reported.
    Continued civil conflict in the Democratic Republic of 
Congo saw government forces lose control of more than half the 
country's territory to rebels, who were often supported by 
troops from other African countries. Government security forces 
increasingly used arbitrary arrest and detention throughout the 
year and were responsible for numerous extrajudicial killings, 
disappearances, torture, beatings, rapes, and other abuses. 
Rebel forces also committed serious abuses, including murder, 
disappearances, torture, arbitrary arrests, rape, extortion, 
robbery, harassment of human rights workers and journalists, 
and recruitment of child soldiers.
    In Angola, fighting between government and rebel forces led 
to numerous, serious human rights abuses by both sides. In 
Burundi, government forces killed both rebels and civilians, 
including women, children, and the elderly. Rebel forces also 
attacked and killed civilians. Rebel attacks on the military 
often generated army reprisals against civilians suspected of 
cooperating with the insurgents. At year's end, the army 
forcibly relocated an estimated 330,000 Hutus in 
``regroupment'' sites in an effort to stop rebel attacks. In 
Uganda, insurgent groups, including the Lord's Resistance Army 
and Allied Democratic Forces, killed, tortured, maimed, raped, 
and abducted many persons (including children).
    Other parts of the world were not immune to conflict. In 
Serbia, Government military and security forces forcibly 
expelled over 850,000 Kosovar Albanians from their homes. Many 
women were raped in the process. The International Criminal 
Tribunal for the former Yugoslavia is in the process of 
investigating reports of 11,000 persons killed and buried in 
529 mass graves and has indicted Yugoslav Federal President 
Slobodan Milosevic and several other senior Government 
officials for war crimes and crimes against humanity. At the 
conclusion of the conflict, the international community assumed 
responsibility for the administration of Kosovo; since then it 
has had to contend both with Kosovar Albanian reprisals against 
the rump Serbian population and Serb attacks against Albanians 
in the remaining Serb enclaves.
    In Russia, the seizure by armed insurgent groups from 
Chechnya of villages in the neighboring republic of Dagestan 
escalated by year's end into a full-fledged attack by Russian 
forces on separatists in Chechnya, including the Chechen 
capital of Groznyy. The Russian attack included air strikes and 
the indiscriminate shelling of cities predominantly inhabited 
by civilians. These attacks, which in turn led to house-to-
house fighting in Groznyy, led to the death of numerous 
civilians and the displacement of hundreds of thousands more. 
There are credible reports of Russian military forces carrying 
out summary executions of civilians in Alkhan-Yurt and in the 
course of the Groznyy offensive. As this report was going to 
press, there were credible reports that Russian forces were 
rounding up Chechen men of military age and sending them to 
``filtration'' camps, where they allegedly were tortured. The 
Russian Government has a duty to protect its citizens from 
terrorist attacks but must comply with its international 
commitments and obligations to protect civilians and must not 
engage in extrajudicial killing, the blocking of borders to 
prevent civilians from fleeing, and other violations in the 
name of internal security. Chechen separatists also reportedly 
committed abuses, including the killing of civilians.
    Afghanistan suffered its 20th consecutive year of civil war 
and political instability. Both the ultraconservative movement 
known as the Taliban (which controls roughly 90 percent of the 
country) and the United Front for Afghanistan (also known as 
the Northern Alliance) committed serious human rights abuses, 
particularly against women and girls, in the areas they 
occupied and during their attempts to conquer territory. Both 
also were responsible for the indiscriminate bombardment of 
civilians. Years of conflict have left an estimated 2.6 million 
Afghans living outside the country as refugees, while another 
250,000 are internally displaced.
    In Indonesia, civil conflict and violence continued or 
worsened despite the country's relatively successful struggle 
to move from dictatorship to democracy. A variety of motives 
drove the violence. Dissatisfaction that had remained pent up 
under the long-time rule of Soeharto boiled over under 
successor Governments. Anger at Indonesian military, security, 
and police units only fed widespread popular support for 
independence in East Timor, Aceh, and Papua (Irian Jaya). In 
Aceh, military forces and police committed numerous abuses, 
including extrajudicial killings, excessive force, 
disappearances, rape, arbitrary arrest, and detention without 
trial. Military forces sometimes resorted to force in order to 
disrupt peaceful demonstrations. Thousands of Acehnese 
residents fled their villages during various security 
crackdowns against separatist groups. In addition, dozens of 
low-level civil servants, police, and military personnel were 
murdered and abducted, most likely by separatists. In Ambon and 
throughout Maluku, fighting between Moslems and Christians left 
more than 1,000 dead by the end of the year. In West 
Kalimantan, more than 200 persons died in fighting pitting 
Madurese immigrants against indigenous Dayak and Melayu groups.
    In East Timor, paramilitary units supported by or under the 
control of the Indonesian military went on a rampage of 
violence, looting, and destruction after a United Nations-
sponsoredreferendum saw more than 78 percent of Timorese vote 
for independence. Elements of the Indonesian security forces and the 
prointegration militias (which were armed and largely supported by the 
military) were responsible for numerous extrajudicial killings. In 
September hundreds of persons were killed in a wave of military-
sponsored militia violence after the announcement of the 
proindependence vote. Over 250,000 East Timorese fled the violence. 
Violations included summary executions, massacres, rapes, deportations, 
and the destruction of property. Both an International Commission of 
Inquiry and an investigative commission established by the Indonesian 
Human Rights Commission subsequently concluded that the Indonesian 
military failed to stop, colluded in, or participated in the violence. 
In the early part of the year, proindependence groups also committed 
serious abuses, including killings.
    In Sri Lanka, the Government's conflict with the separatist 
Liberation Tigers of Tamil Eelam (LTTE) continued to result in 
serious human rights abuses by both sides. Government security 
forces committed extrajudicial killings and at least 15 
individuals disappeared from their custody. The Government did 
begin to investigate allegations that as many as 400 Tamils 
killed by security forces were buried in multiple graves in the 
town of Chemmani. Two exhumations recovered 15 bodies, but 
authorities have not yet sought criminal indictments against 
security forces in relation to the killings. LTTE forces were 
responsible for extrajudicial executions, disappearances, 
torture, arbitrary arrests, and detentions. LTTE attacks and 
suicide bombings killed close to 100 civilians, and at least 14 
persons who were found guilty of offenses by the LTTE's self-
described courts were executed publicly.
    In Colombia, despite the Government's efforts to negotiate 
an end to hostilities, widespread internal armed conflict and 
rampant political and criminal violence persisted. Government 
security forces, paramilitary groups, guerrillas, and narcotics 
traffickers all continued to commit numerous serious abuses, 
including extrajudicial killings and torture. Throughout the 
country, paramilitary groups killed, tortured, and threatened 
civilians suspected of sympathizing with guerrillas in an 
orchestrated campaign to terrorize them into fleeing their 
homes. These groups were responsible for numerous massacres. 
Guerrillas regularly attacked civilian populations, kidnapped 
numerous individuals, committed massacres and summary 
executions, killed medical and religious personnel, and 
forcibly recruited civilians (including children). The 
Government took important steps toward ending collaboration by 
some security force members with the paramilitaries. President 
Pastrana, Vice President Bell, and members of the military high 
command declared repeatedly that collaboration--whether by 
commission or omission--by members of the security forces with 
paramilitary groups would not be tolerated. The President 
removed from service four generals and numerous mid-level 
officers and noncommissioned officers for collaboration, for 
failing to confront paramilitaries aggressively, or for failing 
to protect the local population.
    3. Religious Freedom. In September the Department of State 
delivered to Congress the first Annual Report on International 
Religious Freedom. The Department carries a statutory 
responsibility to prepare these reports annually. The Report 
sought to create a comprehensive record of the state of 
religious freedom around the world and to highlight the most 
significant violations of this right. The Report demonstrates 
that violations of religious freedom, including religious 
persecution, are not confined to any one country, religion, or 
nationality. Throughout the world, Baha'is, Buddhists, 
Christians, Hindus, Jews, Muslims, and other believers continue 
to suffer for their faith.
    Too much of the world's population still lives in countries 
in which religious freedom is restricted or prohibited. 
Totalitarian and authoritarian regimes remain determined to 
control religious belief and practice. Other regimes are 
hostile to minority or ``unapproved'' religions. Some tolerate, 
and thereby encourage, persecution or discrimination. Still 
other governments have adopted discriminatory legislation or 
policies that give preferences to favored religions while 
disadvantaging others. Some democratic states have 
indiscriminately identified minority religions as dangerous 
``sects'' or ``cults.''
    The International Religious Freedom Act also required the 
President or his designee (in this case the Secretary of State) 
to use the Annual Report on International Religious Freedom and 
other resources to identify those countries where the 
government has engaged in or tolerated ``severe'' or 
``particularly severe'' violations of religious freedom. In 
October Secretary Albright informed Congress that she was 
designating five ``Countries of Particular Concern'': Burma, 
China, Iran, Iraq, and Sudan. The Secretary also informed 
Congress that she was identifying as particularly severe 
violators the Taliban regime in Afghanistan and the Government 
of Serbia. This last action was not taken under the auspices of 
the International Religious Freedom Act because the United 
States does not regard the Taliban as a government or Serbia as 
a country as envisioned by the act.
    In Burma, the Government arrests and imprisons Buddhist 
monks who promote human and political rights. Security forces 
destroyed or looted churches, mosques, and Buddhist monasteries 
in some insurgent ethnic minority areas. In some insurgent 
China ethnic minority areas, security forces used coercive 
measures to induce Christians to convert to Buddhism.
    China continued to restrict freedom of religion and 
intensified controls on some unregistered churches. Unapproved 
religious groups, including Protestant and Catholic groups, 
continued to experience varying degrees of official 
interference, repression, and persecution. The Government 
continued to enforce 1994 State Council regulations requiring 
all places of religious activity to register with the 
Government and come under the supervision of official, 
``patriotic'' religious organizations. In some areas, 
authorities guided by national policy made strong efforts to 
control the activities of unapproved Catholic and Protestant 
churches; religious services were broken up and church leaders 
or adherents were harassed, fined, detained, and at times, 
beaten. According to reports, there were instances of torture. 
At year's end, some remained in prison because of their 
religious activities, while others remained unaccounted for. In 
Tibet, the Government expanded and intensified its ``patriotic 
education campaign'' aimed at controlling monasteries and 
expelling supporters of the Dalai Lama, increasing pressure on 
Tibetan Buddhists. Controls on religious freedom in Xinjiang 
also remained tight. The Government also launched a crackdown 
against the Falun Gong spiritual movement in July. Tens of 
thousands of Falun Gong members reportedly were detained in 
outdoor stadiums and forced to sign statements disavowing the 
Falun Gong before being released.
    In Iran, the Government committed numerous human rights 
abuses based in part on religion. Religious minorities, in 
particular Bahais, continued to suffer repression by 
conservative elements of the judiciary and security 
establishment. Thirteen Jews were arrested in February and 
March on suspicion of espionage on behalf of Israel, an offense 
punishable by death, leading to charges of anti-Semitism. In 
Iraq, the Government of Saddam Hussein has conducted a campaign 
of murder, summary execution and protracted arbitrary arrest 
against the religious leaders and adherents of the Shia Muslim 
population. Security forces have murdered senior Shia clerics, 
desecrated mosques and holy sites, and arrested untold numbers 
of Shi'a. In Sudan, discrimination and violence against 
religious minorities persisted. Government security forces 
harassed and detained persons on the basis of their religion. 
Eyewitnesses reported aerial bombardments of Christians, 
Muslims, and animists in the Nuba Mountains. Government-
supported forces conducted raids, abducted persons--including 
women and children--and sold them into slavery. Many non-
Muslims were converted forcibly to Islam.
    In Afghanistan, the ultraconservative movement known as the 
Taliban, which controls about 90 percent of the country, 
enforced their interpretation of Islamic law through 
punishments such as public executions for adultery or murder 
and amputations of one hand and one foot for theft. Taliban 
militiamen often judged accused offenders and meted out 
punishments, such as beatings, on the spot. In Serbia, a 
predominantly Christian Orthodox country, authorities employed 
killing, torture, rape, and the forced mass emigration of 
Kosovar Albanians, who are overwhelmingly Muslim, in an effort 
to drive them from the country.
    Other countries also saw significant violations of 
religious freedom. In Saudi Arabia, neither the Government nor 
society in general accepts the concept of separation of 
religion and state. The religious police enforce adherence to 
Islamic norms, intimidating, abusing, and detaining citizens 
and foreigners. In Pakistan, both the pre and postcoup 
Governments, as well as sectarian groups, continued to 
discriminate against religious minorities, particularly Ahmadis 
and Christians. Three Ahmadis sentenced in 1997 to life in 
prison for blasphemy remain incarcerated. Religious and ethnic-
based rivalries resulted in numerous killings and civil 
disturbances. In India, there was widespread intercaste and 
communal violence.
    In Uzbekistan, the Government harassed and arrested 
hundreds of Islamic leaders and believers on questionable 
grounds, citing the threat of extremism. While the Government 
tolerated the existence of some Christian denominations and 
even facilitated their registration, its laws still have the 
potential to limit the activity of some evangelical Christian 
groups. In Vietnam, the Government arbitrarily arrested and 
detained citizens for the peaceful expression of their 
religious views. The Government significantly restricts the 
operation of religious organizations other than those approved 
by the State.
    In countries such as Indonesia, the problem was not 
government repression, but communal violence. In Maluku 
province, fighting principally involved Muslims and Christians 
(mostly Protestants). More than a thousand died and tens of 
thousands were displaced. Clashes began in the provincial 
capital of Ambon in January, then spread to neighboring 
islands. Economic tensions between native Christians and 
Muslims who migrated to Maluku in recent decades were a 
significant factor. Christian and Muslim communities in Maluku 
blamed each other for initiating and perpetuating the violence. 
Exhaustive mediation efforts, including an initiative launched 
by the Indonesian military in April, failed to secure a durable 
peace.
    In Azerbaijan, the news was better. President Aliyev 
publicly took law enforcement and security officials to task 
for the harassment of religious believers. He also pledged that 
such abuse would not continue and that violators would be 
punished. The Government rescinded deportation orders for 
foreign religious workers, secured the reinstatement of 
believers who had lost their jobs, and prosecuted members of a 
local police force accused of harassment.
    4. Press Freedom and the Information Revolution. Attacks on 
independent media--whether print, broadcast, or electronic--
remained commonplace. Journalists continued to risk harassment, 
arrest, and even death to report the news. Murder remained the 
leading cause of job-related deaths among journalists 
worldwide. A wide range of governments throughout the world 
continue to utilize a variety of tools, including licensing, 
limits on access to newsprint, control over government 
advertising, jamming, and censorship, to inhibit independent 
voices. The growth of new, Internet-based media did help 
facilitate public access to a wide range of information, but 
some governments continued to develop means to monitor e-mail 
and Internet use and restrict access to controversial, 
political, news-oriented, and human rights web sites. Other 
governments have chosen to prohibit Internet access or limit it 
to political elites.
    In China, control and manipulation of the press by the 
Government for political purposes increased during the year. 
After authorities moved at the end of 1998 to close a number of 
newspapers and fire several editors, the press and publishing 
industries were more cautious. Nonetheless, the press continued 
to report on cases of corruption and abuse of power by some 
local officials. As part of its crackdown against the Falun 
Gong, the Government used the state-controlled media to conduct 
a nationwide propaganda campaign. By some estimates, as many as 
8.9 million Chinese citizens had access to the Internet, but 
the Government increased its efforts to try to restrict 
information available on the Internet and to monitor usage.
    In Cuba, the Castro regime continued to tightly control 
access to information. In February the National Assembly passed 
the Law to Protect National Independence and the Economy, which 
outlaws possession and dissemination of ``subversive'' 
literature or information that could be used by U.S. 
authorities in the application of U.S. legislation. The 
Government has not yet charged anyone under the new law, but 
many independent journalists have been threatened with arrest, 
some repeatedly. National Assembly President Ricardo Alarcon 
told foreign correspondents that even reporters working for 
accredited foreign media could be sentenced to up to 20 years 
in prison under the new law. The Government continued to 
subject independent journalists to internal travel bans, 
arbitrary and periodic brief detentions, small acts of 
repudiation, harassment, seizures of office and photographic 
equipment, and repeated threats of prolonged imprisonment. The 
Government tightly controls access to computers, limiting 
access to the Internet to certain Government offices, selected 
institutes, and foreigners.
    In Serbia, the Government of Federal Republic of Yugoslavia 
President Slobodan Milosevic continues to harass and detain 
journalists and shut down their newspapers and radio stations. 
At least one journalist was murdered under suspicious 
circumstances. In Serbia's sister republic of Montenegro, 
however, the Government worked to provide a hospitable working 
environment to independent media, including media that were 
harassed, threatened, or shut down by Serbian authorities.
    In Ethiopia, fewer journalists were detained than in 
previous years, but at least eight remained in detention at 
year's end. Some 45 journalists obtained bail during the year 
but still are subject to trial. In Peru, the Government 
inhibits freedom of speech and of the press. Journalists faced 
increased government harassment and intimidation and practiced 
a great degree of self-censorship.
    In Ukraine, the Government increasingly interfered with 
freedom of the press, most notably in the period before the 
October presidential elections. Government authorities stepped 
up pressure on the media, particularly broadcast outlets, 
through tax inspections and other measures. In Russia, 
journalists complained of increasing governmental interference. 
In mid-January 2000, Russian authorities detained Radio Free 
Europe/Radio Liberty correspondent Andrey Babitskiy and held 
him incommunicado, but they did not make public his detention 
until the end of the month. On February 3, the Government 
claimed that Russian forces had turned Babitskiy over to 
Chechen forces in exchange for Russian soldiers; neither 
Babitskiy's wife nor his employer has heard from him since, and 
his whereabouts remain unknown.
    In Turkey, Parliament suspended for 3 years the sentences 
of writers and journalists convicted of crimes involving 
freedom of expression through the media. By the end of the 
year, at least 25 had been released. However, the law did not 
apply to crimes committed through speech, and human rights 
observers and some released writers said the conditions for the 
suspension amount to censorship. Limits on freedom of speech 
and of the press remained a serious problem. Authorities banned 
or confiscated publications and raided newspaper offices, and 
security forces occasionally beat journalists. Police continued 
to interfere with the distribution of some Kurdish newspapers, 
and radio and television broadcasts in Kurdish remained 
illegal. Although Kurdish music recordings were widely 
available, bans on certain songs and singers persisted. The 
Committee to Protect Journalists estimated at year's end that 
at least 18 journalists remain in prison.
    5. Women. The plight of women in Afghanistan continued to 
be the most serious women's human rights crisis in the world 
today. Taliban discrimination against women and girls remained 
both systematic and institutionally sanctioned. The Taliban 
imposed strict dress codes and restricted women from working 
outside the home except in very limited circumstances such 
ashealth care and humanitarian assistance. They also severely 
restricted women's and girls' access to many levels and types of 
education. The impact of Taliban restrictions is most acutely felt in 
cities such as Kabul and Herat, where there are a number of educated 
and professional women.
    Elsewhere, women continue to face a wide range of human 
rights abuses. On a daily basis, women faced violence, abuse, 
rape, and other forms of degradation by their spouses and by 
members of society at large. Women suffer domestic violence in 
most if not all countries around the world. Many governments 
still fail to act against ``honor killings,'' domestic 
violence, and even rape. In Nigeria, for example, the law 
allows a husband to ``chastise'' his wife, as long as it does 
not result in ``grievous harm.'' In China, many women contended 
with domestic violence. Coercive family planning practices 
sometimes included forced abortion and forced sterilization. 
Trafficking and prostitution continued. In India, Bangladesh, 
and Nepal, dowry-related violence remained a serious problem. 
In Egypt, India, Iran, Oman, Pakistan, Saudi Arabia, Sudan, 
Yemen, and a number of other societies where religion and 
tradition play a predominant role, societal and cultural 
constraints kept women in a subordinate position.
    In Kuwait, women do not have the right to vote or seek 
election to the National Assembly. Although the ruling Amir 
issued a decree in May which sought to give women the right to 
vote, to seek election to the National Assembly beginning with 
the parliamentary election scheduled for 2003, and to hold 
cabinet office, the Parliament vetoed it on constitutional 
grounds. Subsequent identical legislation introduced by Members 
of Parliament was defeated by a two-vote margin.
    Female genital mutilation, which has negative, life-long 
health consequences for women and girls, continues to be 
practiced in much of Sub-Saharan Africa, and to varying degrees 
in some countries in the Middle East, including Egypt, Oman, 
and Yemen. Trafficking of women and children remains endemic in 
many parts of the world; in response, the Department of State 
has for the first time established a separate section in each 
Country Report to highlight U.S. concern about this serious 
problem (see Section C.2 below).
    6. Protection of Minorities. In some states, majorities in 
power choose to mistreat or persecute those not like 
themselves. However, persecution and discrimination is not 
confined to states but also can be present in societies. Much 
remains to be done on the national level, and far too many 
governments do not grant individuals their rights because of 
race, sex, religion, disability, language, or social status. In 
many cases, such repression inevitably leads to violence and 
separatism.
    In China, for example, particularly serious human rights 
abuses persisted in minority areas, especially in Tibet and 
Xinjiang, where restrictions on religion and other fundamental 
freedoms intensified. Some minority groups, particularly 
Tibetan Buddhists and Muslim Uighurs, came under increasing 
pressure as the Government clamped down on dissent and 
``separatist'' activities. In Tibet, the Government expanded 
and intensified its continuing ``patriotic education campaign'' 
aimed at controlling the monasteries and expelling supporters 
of the Dalai Lama. In Xinjiang, where violence between the 
Government and separatist forces has escalated since 1996, 
authorities tightened restrictions on religion and other 
fundamental freedoms in an effort to control independence 
groups.
    In Serbia, discrimination and violence against Kosovar 
Albanians, Muslims, Roma, and other religious and ethnic 
minorities worsened during the year. The Milosevic regime's 
oppressive policies toward Kosovo's ethnic Albanians imperiled 
prospects for interethnic cooperation and encouraged a 
separatist insurgency. In response, the regime launched a 
brutal police and military crackdown against the insurgents, 
which escalated into a full-fledged campaign of ethnic 
cleansing against civilians. As many as 850,000 Kosovars fled 
the province for squalid camps in neighboring states. After 
diplomatic intervention failed to resolve the matter, NATO 
forces began an air campaign against the Serbian regime. In 
June Serbia withdrew its forces from Kosovo, and the 
international community assumed responsibility for the 
province's administration. Since then, international 
peacekeeping forces have had to contend both with Kosovar 
Albanian reprisals against the rump Serbian population, and 
Serb attacks against Albanians in remaining Serb enclaves.
    Although the erection of a wall to separate Roma from their 
neighbors in the Czech city of Usti nad Labem captured 
international attention, the problems facing Roma and Sinti 
populations in Europe went far beyond the building of a wall. 
Both populations suffer disproportionately from poverty, 
unemployment, and other socioeconomic ills. In many countries, 
particularly in Central and Southeastern Europe, they face 
prejudice, discrimination, and abuse.
    7. The Holocaust: Completing the Historical Record. 
Spearheaded by Deputy Treasury Secretary Stuart Eizenstat in 
his capacity as Special Representative of the President and 
Secretary of State on Holocaust-era issues, the United States 
promoted further international recognition of the need for 
justice and remembrance for the victims of the greatest human 
rights violation of the 20th Century, the Holocaust. German 
industry and government pledged DM10 billion to capitalize a 
foundation that, among other things, will make payments to 
those who worked as forced and slave laborers for German 
companies during the Nazi era.Nineteen nations, including the 
United States, have established Holocaust Commissions to review their 
own involvement with Holocaust-era assets. Consistent with the 1998 
Washington Conference on Art Principles, millions of dollars worth of 
art stolen by the Nazis are being returned to rightful owners. At the 
Stockholm International Forum in January 2000, the United States, along 
with over 40 other governments, made an unprecedented common political 
commitment to strengthening Holocaust education, remembrance and 
research activities, and to opening archives bearing on the Holocaust.

B. Developments in Democracy

    1. Democracies Under Threat. In The Third Wave, his seminal 
study of democratization, Samuel Huntington warned that the 
wave of democratization that began with Portugal in 1974 (and 
continues today) might suffer significant reversals in 
countries where conditions for democracy are weak. Over the 
past year, the number of democracies around the world continued 
to grow, but a small number of countries on the path to 
democracy saw reversals or threats to democratic governance.
    This trend was particularly notable in Latin America, where 
elected governments in Ecuador and Paraguay confronted 
attempted coups or instability, and an elected government in 
Peru undermined democratic governance by concentrating power in 
the executive. In Ecuador, what could have been a disastrous 
coup became instead an unfortunate but ultimately 
constitutional succession. Indigenous activists, with the 
support of elements of the military, occupied the Ecuadorian 
Congress building, demanded the resignation of President Jamil 
Mahuad and attempted to replace him with a three-person junta 
that included an indigenous leader, a former Supreme Court 
judge, and a military officer. To end the institutional crisis, 
President Mahuad asked Ecuadorians to support Vice President 
Gustavo Noboa as his constitutional successor. The National 
Assembly confirmed the change in presidents the same day.
    In Paraguay, President Raul Cubas Grau, a protege of 
retired General and coup plotter Lino Oviedo, sought to 
undercut the constitutional authority of the legislative and 
judicial branches. In March, Cubas' foe and Vice President Luis 
Maria Argana was assassinated, allegedly by Oviedo supporters. 
On March 28, after widespread demonstrations against Cubas and 
Oviedo, Cubas resigned, and Oviedo fled Paraguay. Senate 
president Luis Gonzalez Macchi assumed the presidency, forming 
a national unity Government that included, for the first time 
in 50 years, the two major opposition parties. By the end of 
the year, however, the Government faced economic difficulties, 
rural unrest, and increasing opposition.
    In Peru, a dominant executive branch often uses its control 
of the legislature and the judiciary to the detriment of the 
democratic process. The Constitutional Tribunal has not 
functioned effectively since 1997, when Congress removed three 
of its members for opposing an interpretation of a law 
permitting President Fujimori to run for a third consecutive 
term. In Venezuela, President Hugo Chavez Frias, the leader of 
an attempted coup in 1992, was elected President on a promise 
of radical reform, including constitutional change through the 
election of a National Constitutional Assembly (ANC). In April, 
voters overwhelmingly approved his referendum, giving the ANC a 
6-month mandate to rewrite the Constitution. The ANC, which was 
dominated by Chavez's political party, drafted a new 
constitution, which was approved by voters in December. At 
year's end some observers remained concerned that too much 
power was being concentrated in Chavez's hands.
    In other parts of the world, the main threat to democracy 
came from the military. In Pakistan, Army Chief of Staff 
General Pervaiz Musharraf overthrew the elected civilian 
Government of Prime Minister Nawaz Sharif in an October 
bloodless coup. Musharraf, in consultation with senior military 
commanders, designated himself Chief Executive, and suspended 
the Constitution, the National Assembly, the Senate, and the 
provincial assemblies. Despite repeated promises to restore 
democracy, Musharraf at year's end had not established either a 
timetable or milestones; his decision early in 2000 to require 
judges to swear a loyalty oath to the military (rather than the 
Constitution) further distanced his regime from a return to 
democratic rule.
    In Cote d'Ivoire, retired General Robert Guei took over the 
Government after a mutiny that began in December evolved into a 
major military revolt and culminated in the dismissal and 
forced departure of President Henri Konan Bedie. The Guei 
regime arrested numerous Government ministers and military 
officers; by year's end, it had released all except 40. Guei 
has pledged to rewrite the Constitution, clean up government 
corruption, and hold fair and transparent elections.
    2. Free and Fair Elections. According to Freedom House, 
there were 120 democracies at the end of 1999, a net increase 
of 3 over the previous year, and the largest number ever. As 
noted above, however, this trend away from dictatorship saw 
several reversals, most notably in Pakistan. Although Indonesia 
and Nigeria, two of the world's most populous states, made 
great strides toward democratic rule, a number of other states 
saw tainted or flawed elections stall their transitions to 
democracy.
    Indonesia made significant progress in its transition from 
authoritarian to democratic rule. In June, the country held its 
first pluralistic, competitive, free, and fair 
parliamentaryelections in 43 years. A new Parliament (DPR) and People's 
Consultative Assembly (MPR) were installed on October 1st. In 
accordance with constitutional procedures, the MPR subsequently 
elected, in a transparent balloting procedure, Abdurrahman Wahid as 
President, and Megawati Soekarnoputri as Vice President.
    In Nigeria, the military regime of General Abdulsalami 
Abubakar completed its transition to democratic civilian rule 
with the election and subsequent May inauguration of retired 
General Olusegun Obasanjo as President. In accordance with 
Abubakar's transition program, members of the new civilian 
Government were chosen in four elections held over a 3-month 
period. Elections for local Government leaders were held in 
December 1998, those for state legislators and governors in 
January, and those for national legislators and president in 
February. The elections, most notably the presidential 
election, were flawed, but most observers agreed that the 
election of Obasanjo as President reflected the will of the 
majority of voters.
    Several states saw limited gains. In Tunisia, the October 
presidential and legislative elections marked a modest step 
toward democratic development, with opposition presidential 
candidates allowed to participate in the presidential race for 
the first time in Tunisia's history. However, the campaign and 
election processes greatly favored the ruling party, and there 
was wide disregard for the secrecy of the vote. In Niger, 
President Ibrahim Mainassara Bare, who overthrew a 
democratically elected Government in 1996, was assassinated in 
January by members of his presidential guard. A group of 
military officers led by Major Daouda Malam Wanke asserted 
control over the Government and announced a 9-month transition 
to a democratically elected Government. In July citizens voted 
to approve a new Constitution. In November they voted for a new 
National Assembly and for a new President; Tandja Mamadou was 
elected President with 60 percent of the vote in an election 
that was considered by international observers to be generally 
free and fair.
    Other countries were not as successful in their 
transitions. In Belarus, Aleksandr Lukashenko's legal term as 
President expired in July. He had extended arbitrarily his term 
of office until 2001 after the illegal 1996 constitutional 
referendum. In Kazakhstan, President Nazarbayev was elected in 
January to a new 7-year term in an election that fell far short 
of international standards. Parliamentary elections held in 
October were an improvement over the presidential election but 
still fell short of international standards. In Azerbaijan, the 
country's first-ever municipal elections held in December, were 
marred by a nearly universal pattern of interference by local 
officials, which allowed them to control the selection of the 
election committees that supervised the election. In Armenia, 
irregularities marred both the May parliamentary elections and 
the October local elections. OSCE observers categorized the 
parliamentary elections as a step toward compliance with OSCE 
commitments, but said that they still failed to meet 
international standards.
    In Haiti, a prolonged stalemate between President Rene 
Preval and the opposition-controlled legislature prevented the 
holding of elections in autumn 1998 to replace the Parliament 
as legally required. Preval announced that he would not 
recognize Parliament's decision to extend its incumbents' 
mandates until new elections could be held, thereby leaving the 
country without a functioning legislative branch for over a 
year. In March, Prime Minister Alexis formed a cabinet after 
negotiations with the five-party opposition coalition. Due to 
the absence of a parliament, the new ministers took office 
without being confirmed. The international community is 
assisting Haiti in preparations for new elections, scheduled 
for March and April 2000, with the goal of restoring the lapsed 
democratic institutions.
    In Uganda, President Yoweri Museveni, elected to a 5-year 
term in 1996 under the 1995 Constitution, continued to dominate 
the Government. The 1995 Constitution formally extended the 
one-party movement form of government for 5 years and severely 
restricted political activity. Although Museveni supporters 
remained in control of the legislative branch, Parliament acted 
with increasing independence and assertiveness during the year. 
A national referendum on whether to allow multipartyism again 
is scheduled for 2000.
    3. Civil Society. In many nations, civil society--that 
broad array of nongovernmental organizations, clubs, societies, 
trade unions, and political parties that are the domestic 
counterparts to transnational networks--played an increasingly 
influential role. Although some critics have warned that the 
emergence of the Internet culture would stunt social 
interaction, civil society groups showed no sign of slowing 
down at year's end, and as noted above, many were taking 
advantage of technological developments to establish new 
transnational networks of common interest and concern.
    Many governments continue to seek means to limit, repress, 
or shut down the growth and development of civil society, which 
they regard as a profound threat to their authoritarian rule. 
In Belarus, for example, Government restrictions prevent an 
embryonic civil society from developing further. The security 
services infringed on citizens' privacy rights and monitored 
closely the activities of opposition politicians and other 
segments of the population. Restrictions on freedom of speech, 
the press, and peaceful assembly continued, and the Government 
did not respect freedom of association.
    In Iraq, then-U.N. Special Rapporteur for Iraq Max Van der 
Stoel noted in his February and October reports that freedom of 
speech, press, assembly, movement, and association do not 
exist. The Government effectively has eliminated the civil 
rights to life, liberty, and physical integrity and the 
freedoms of thought, expression, association and assembly. In 
Cuba, the Government denied citizens the freedoms of speech, 
press, assembly, and association. Authorities routinely harass, 
threaten, arbitrarily arrest, detain, imprison, and defame 
members of independent associations, including human rights 
advocates, journalists, economists, doctors, and lawyers, often 
with the goal of coercing them into leaving the country.
    In China, an unknown number of persons, estimated at 
several thousand, have been detained for peacefully expressing 
their political, religious, or social views. Persons or groups 
seeking to promote political change, monitor human rights, or 
in any way challenge the authority of the Communist Party were 
repressed, their leaders often harassed, beaten, and jailed. At 
the same time, most average citizens went about their daily 
lives without significant interference from the Government, 
enjoying looser economic controls, increased access to outside 
sources of information, greater room for individual choice, and 
more diversity in cultural life. Social groups with economic 
resources at their disposal continued to play an increasing 
role in community life. Pilot experiments with contested local 
village elections continued.
    In Malaysia, a U.N. Special Rapporteur reported that the 
Government systematically curtailed freedom of expression. 
Government restrictions and proliferating slander and libel 
suits stifled freedom of speech, and the Government 
significantly restricted freedom of movement, association, and 
assembly. The Government prohibited some peaceful gatherings, 
prevented students from participating in some political 
activities, and regularly and harshly criticizes domestic NGO's 
that venture into the political arena.
    In Turkey, which has an active and growing civil society 
movement, the Government still continued to limit freedom of 
assembly and association, and police harassed, beat, abused, 
and detained a large number of demonstrators. The Saturday 
Mothers, who had held weekly vigils in Istanbul for more than 3 
years to protest the disappearances of their relatives, 
discontinued their gatherings this year in the face of ongoing 
police harassment, abuse, and detention of the group's members. 
In general, the Government continued to harass, intimidate, 
indict, and imprison individuals for ideas that they had 
expressed in public forums. However, there were some signs of a 
growing tolerance for civil society: State Minister Irtemcelik 
and President Demirel met with NGO's, and one office of a human 
rights NGO reopened in October after being closed for 5 years.
    4. Rule of Law. All too often, authoritarian governments 
insist that they respect the rule of law when in fact they 
abuse the law to justify their rule. In far too many 
countries--Belarus, Burma, Cuba, Iraq, Libya, North Korea, 
Sudan, Turkmenistan, Uzbekistan, and Vietnam, for example--
absolute rulers use the legal system to serve their own 
interests. Without the rule of law, these leaders violate human 
rights with impunity, suspend democracy, void contracts, and 
engage in corrupt practices. Governments that respect the rule 
of law have transparent and fair legal systems that feature 
professional and independent judges who act as final arbiters 
of the law.
    In China, abuses included instances of extrajudicial 
killings, torture, and other mistreatment of prisoners, forced 
confessions, arbitrary arrest and detention, lengthy 
incommunicado detention, and denial of due process. In many 
cases, particularly in sensitive political cases, the judicial 
system denies criminal defendants basic legal safeguards and 
due process. A number of statutes passed in recent years hold 
the potential to enhance citizens' rights. If fully 
implemented, these laws would bring criminal laws closer toward 
compliance with international norms. However, the new statutes 
are violated routinely in cases involving political dissidents.
    In Malaysia, police continued to use certain provisions of 
the legal code to detain some individuals without trial or 
charge. Prolonged pretrial detention occurs in some cases. The 
police were criticized for reports of physical abuse of 
prisoners and other citizens, although the number of police 
extrajudicial killings declined during the year. Many observers 
expressed serious concern about the decreasing independence and 
impartiality of the judiciary and about apparently politically 
motivated selective prosecution by the Attorney General.
    In Pakistan, rule of law problems were rampant both before 
and after the October coup. The judiciary was subject to 
executive and other outside influence and suffers from 
inadequate resources, inefficiency, and corruption. The former 
Sharif Government used special antiterrorism courts to try the 
crimes of murder, gang rape, child molestation, and ``illegal'' 
strikes. After the coup, General Musharraf illegally detained a 
number of political figures from the Sharif Government and 
their families.
    In Algeria, the authorities did not always respect 
defendants' rights to due process, and security forces 
committed extrajudicial killings, tortured detainees, and 
arbitrarily detained many individuals suspected of involvement 
with armed Islamist groups. However, there were no reports of 
new disappearances during the year in which the security forces 
were suspected. Prolonged pretrial detention and lengthy trial 
delaysare problems, as are illegal searches and infringements 
on citizens' privacy rights.
    In Peru, arbitrary arrest, prolonged pretrial detention, 
lack of due process, and lengthy trial delays remained 
problems. In July, the Government announced its withdrawal from 
the jurisdiction of the Inter-American Court of Human Rights 
after the Court determined that Peru had failed to provide due 
process in the case of four Chileans convicted by a military 
tribunal of treason. In Haiti, the judiciary remained plagued 
by understaffing, inadequate resources, and in many cases, 
corrupt and untrained judges. Judicial dockets remain clogged, 
and fair and expeditious trials are the exception rather than 
the rule. In a number of key cases, the executive branch 
continued to detain persons in defiance of release orders 
issued by judges. The 5-year-old Haitian National Police 
continues to benefit from international assistance, but it is 
grappling with problems of excessive use of force and other 
human rights abuses, including a marked increase over last year 
in the number of extrajudicial killings. Arbitrary arrest and 
detention and prolonged pretrial detention also remained 
problems.
    Several countries saw positive developments in the rule of 
law. In Israel, a September decision by the High Court of 
Justice resulted in a significant reduction in the number of 
abuses committed by members of the security forces during the 
interrogation of security prisoners. In Cambodia, the 
Government withdrew a draft NGO law that had been criticized 
for its potential to place NGO's under arbitrary and severe 
restrictions on their ability to operate.
    In Colombia, the Pastrana administration took measures to 
initiate structural reform and strengthen the rule of law. In 
July, the regional ``anonymous'' court system was abolished and 
replaced with a new specialized jurisdiction. In August, 
Congress passed a military penal reform bill that, while not 
yet implemented, is expected to correct some of the worst 
abuses in the military justice system and to be of great help 
in the fight against impunity. Thanks to the diligent efforts 
of the Prosecutor General's Human Rights Unit, a number of 
security force members were investigated, prosecuted, and 
convicted of past human rights violations. Impunity, although 
still widespread, is no longer total. Nonetheless, the civilian 
judiciary remains inefficient, overburdened by a large case 
backlog, and undermined by intimidation.

C. Developments in Labor

    1. Worker Rights. Throughout the year, the impact of 
globalization on worker rights was the subject of serious 
discussion in many international forums. The World Trade 
Organization (WTO) Ministerial in Seattle saw a transnational 
network of human rights, environmental, and labor organizations 
focus debate on public concern that workers and their families, 
particularly in developing countries, receive a fair share of 
the benefits derived from the global economy. In response, the 
United States sought to win support for a proposal calling for 
establishment of a working group in the WTO that would examine 
the relationship between trade and labor. On several occasions 
in Seattle, President Clinton strongly urged both the WTO and 
the international community to remember that free trade cannot 
come at the cost of excluding workers.
    Despite the fact that Seattle did not lead to a new round 
of negotiations, a number of positive developments did take 
place during the year. In June, member nations of the 
International Labor Organization (ILO) unanimously adopted a 
landmark convention on the prohibition and immediate 
elimination of the worst forms of child labor. By this action, 
member nations pledged to ban a number of abuses, including 
child slavery; bonded labor; work that is inherently harmful to 
the health or morals of children, such as dangerous work or 
child prostitution; and the forced or compulsory recruitment of 
children under 18 for use in armed conflict.
    President Clinton traveled to Geneva to support the 
adoption of the convention, and worked with Congress to ensure 
that the United States was one of the first countries in the 
world to sign and ratify it. In January 2000, governments again 
met in Geneva to adopt a draft optional protocol to the 
Convention on the Rights of the Child that prohibits 
governments and insurgencies from using child soldiers. It is 
expected that the protocol will be formally adopted by the 
United Nations General Assembly later this year. President 
Clinton has indicated that the United States is committed to a 
process of speedy review and signature and to working with the 
Senate to ensure ratification.
    Notwithstanding the growing international consensus in 
support of worker rights, certain governments continued to 
violate core worker rights in defiance of their obligations 
under the ILO's Declaration on the Fundamental Principles and 
Rights at Work. Trade unions continued to face harassment and 
closure, many workers continued to face discrimination, and 
bonded and forced labor remained significant problems.
    Despite the new convention, child labor remained a severe 
problem in many parts of the world. According to the ILO, more 
than 250 million children under the age of 15 work around the 
world, many in dangerous conditions. The ILO's International 
Program on the Elimination of Child Labor, to which the United 
States is by far the largest contributor, made some progress, 
but much more remains to be done.
    Another problem common to many parts of the world is the 
misuse, mistreatment, and abuse of domestic labor. In much of 
the Middle East and parts of Europe, Asia, and the Americas, 
workers who travel from developing countries to work as 
domestic servants, as well as native-born workers, must contend 
with poor working and living conditions, minimal or nonexistent 
wages, violence, and sexual assault. Although some governments 
have taken steps to minimize abuses, many domestic workers find 
they must tolerate terrible working conditions to support their 
often far-off families.
    Workers in a number of countries faced significant 
violations of their rights. In China, the Government continued 
to restrict tightly worker rights. The Communist Party controls 
the country's sole official union, and independent trade unions 
are illegal. The Government continued to detain and arrest 
independent labor activists, sentencing at least seven to terms 
ranging from 1 to 10 years. Neither the Constitution nor the 
labor law provides for the right to strike. Forced labor is a 
serious problem, particularly in penal institutions. Some 
prisons contract to perform manufacturing and assembly work, 
while others operate their own companies. A 1999 directory of 
Chinese corporations published by a foreign business-
information company listed at least two prisons as business 
enterprises. The Government also maintains a network of 
reeducation-through-labor camps, whose inmates are required to 
work. There have been reports that products made in these 
facilities are exported. Most anecdotal reports conclude that 
work conditions in prison factories are similar to those in 
other factories, but conditions on the penal system's farms and 
in mines can be very harsh.
    In Burma, the Government continued to restrict worker 
rights and ban unions. The forced use of citizens as porters by 
the army remained a common practice. Forced civilian labor 
remained widespread, although its use on major infrastructure 
projects has declined due to the use of soldiers. Child labor 
including forced child labor remained widespread. In Vietnam, 
the Government continues to restrict worker rights. Child labor 
is a problem and there were some reports of forced child labor. 
In Indonesia, enforcement of labor standards remained 
inconsistent and weak in some areas. Forced and bonded child 
labor remained a problem, particularly on fishing platforms, 
despite government efforts to reduce the problem. In Thailand, 
forced labor and illegal child labor are problems.
    In the former Soviet Union, Belarus in particular stands 
out for its repression of the rights of workers. In Russia, 
workers face long delays in receiving their wages, as do 
pensioners. Conditions of work are health and even life 
threatening in many industries. Workers do have the right to 
join unions, but plant managers frequently work with the 
Federation of Independent Trade Unions, the successor to 
Communist trade unions, to destroy new unions. Court rulings 
have further limited the right of association by ruling that 
collective action based on nonpayment of wages is not a strike 
and that individuals who participate in such actions are not 
protected by the law. The Labor Code prohibits forced or 
compulsory labor, but there were credible reports of soldiers 
being ``sold'' by their superior officers to perform work for 
private citizens or organizations.
    In Guatemala, poverty, the legacy of violent repression of 
labor activists and others, the deep hostility of many in 
business and the military towards trade unions, and a weak 
labor inspection and labor court system continued to constrain 
worker rights and limit enforcement of standards. In one case 
in which vigilantes abducted union leaders, physically abused 
them, and forced them to resign from their jobs and union 
positions, none of the vigilantes has been arrested, although 
more than a dozen suspects have been indicted on charges 
ranging from coercion to illegal detention. While the 
Constitution bars employment of minors under the age of 14, 
child labor remains a serious problem. Most child labor occurs 
in agriculture, domestic service, construction, stone 
quarrying, and family businesses. According to the Guatemalan 
Labor Ministry, 3,000 to 5,000 children are employed in the 
illegal cottage fireworks industry. This dangerous employment 
violates ILO Convention 182 banning the worst forms of child 
labor.
    In Colombia, the Government, under strong international 
pressure, bowed to the demands of its unions, agreeing to the 
dispatch of a special ILO team to investigate killing and 
kidnaping of trade unionists and other worker rights 
violations. Physical intimidation of trade unionists, including 
killings, remains a very serious problem.
    In India, the use of forced and bonded adult and child 
labor, though illegal, continues. While programs sponsored by 
the ILO and private groups have moved many children from, for 
example, carpet looms to classrooms, enforcement of child and 
bonded labor laws is spotty. Dalits and tribals, who constitute 
the majority of India's bonded labor, continue to face 
widespread discrimination. In Pakistan, child and bonded labor 
remains a serious problem. Thousands of families work in debt 
bondage, with children born into a life of bonded labor. While 
the Government has worked with the ILO to move children from 
work to school in several industries, enforcement of the laws 
against bonded and child labor has been inadequate. In 
Bangladesh, the Government failed to keep promises it had made 
to the international community with regard to worker rights, 
notably affording workers freedom of association and the right 
to organize in export processing zones. However, the Government 
hasworked constructively with the ILO on a program to reduce 
child labor.
    2. Trafficking of Persons. Trafficking in persons is a 
growing global problem that touches countries on every 
continent. The insidious reach of this modern-day form of 
slavery hurts women, children, and men from all walks of life, 
and of every age, religion, and culture. Traffickers rob their 
victims of basic human rights. They exploit and trade in human 
hopes and dreams to profit from inhuman suffering and misery. 
Victims are treated as chattel to be bought and sold across 
international and within national borders. This human tragedy 
rips the fabric of communities and tears families apart.
    The trafficking industry is one of the fastest growing and 
most lucrative criminal enterprises in the world. Profits are 
enormous, generating billions of dollars annually and feeding 
into criminal syndicates' involvement in other illicit and 
violent activities. Trafficking in persons is considered the 
third largest source of profits for organized crime, behind 
only drugs and guns.
    Trafficking cases appear in many forms. In some cases, 
traffickers move victims through transit countries using drugs, 
violence, and threats to ensure cooperation. In other cases, 
economically desperate parents sell their child to traffickers. 
Many times, trafficked victims begin their journey voluntarily 
and unwittingly fall into the hands of trafficking schemes.
    In Russia and the Ukraine, for example, victims who yearn 
for economic independence within economies that offer few jobs, 
are lured by advertisements promising well-paying jobs abroad. 
However, once victims arrive in countries of destination, they 
are held captive and forced into bonded labor, domestic 
servitude or the commercial sex industry through threats, 
psychological coercion and severe physical brutality, including 
rape, torture, starvation, imprisonment, and death.
    The majority of trafficking victims are girls and women. 
The reasons for this are linked to the economic and social 
status of women in many countries. Not all victims are women, 
however. Boys are frequently trafficked for prostitution, 
pornography, and in at least one country, used as camel 
jockeys. Men from a number of countries such as China are 
trafficked overseas to work in restaurants or in sweatshops in 
the garment industry. They travel to their destinations in 
rickety boats or cargo containers before becoming indentured 
servants to pay their ``debts.'' If they try to leave 
employment, they risk violence or the extortion of their family 
members back home.
    The underground nature of trafficking makes it difficult to 
quantify. The most reliable estimates place the level of 
trafficking at 1 to 2 million persons trafficked annually. As 
this report documents, trafficking into the commercial sex 
industry is merely one form of a broader range of trafficking 
exploited by organized criminal enterprises.
    The problem is particularly widespread in South Asia. India 
and Pakistan are significant countries of origin, transit, and 
destination. Poor economic conditions in Nepal, Bangladesh, and 
rural areas of India result in women and children being 
trafficked into major cities for the sex trade and forced 
labor. In many cases, girls from poverty-stricken families are 
sold to traffickers by parents or relatives. Women who seek to 
return home often face stigmatization. Many are HIV positive. 
While criminal laws against trafficking exist, inadequate 
enforcement and lax penalties do little to stem trafficking 
patterns.
    In East Asia, many women are coerced into prostitution 
under the guise of overseas employment contracts. In Thailand, 
women from hill tribes and neighboring countries are especially 
vulnerable to exploitation because of their inability to speak 
Thai. In Burma, women and children in border areas and from the 
Shan ethnic minority are particularly susceptible to being 
forced by traffickers into neighboring countries to work as 
prostitutes. In the Philippines, some women are lured into 
entering employment contracts overseas by unethical recruiters. 
Once they arrive at their destination, the women are subjected 
to work in the sex entertainment industry or suffer abuse at 
the hands of foreign employers or husbands.
    The range and scope of trafficking in Africa remains 
largely undocumented. Officials in Europe, however, report an 
active and growing market from trafficking in women and 
children from Nigeria. There is evidence that Nigerian crime 
syndicates may use threats, physical injury, and legal coercion 
to stop women forced into the sex trade from escaping. Inside 
Nigeria, there is an active trade in child laborers, some 
exported to neighboring countries, from the Niger Delta region.
    Trafficking also exists in the Western Hemisphere. Forced 
prostitution is also a problem in the Dominican Republic, where 
there are disparities in law enforcement. In Brazil, the sexual 
exploitation and prostitution of children is a serious problem. 
Prostitution rings foster a sexual tourism industry that 
exports children from the Amazon region to large urban centers 
and major cities.

                            III. Conclusion

    The events of the past year have demonstrated the 
undisputed and growing power of transnational public-private 
networks in promoting democracy, human rights, and labor. 
Traditionally, ``norm entrepreneurs'' have been individuals 
whose role in society or government has given them the ability 
to influence the direction of policy. Oscar Arias Sanchez, 
former President Jimmy Carter, the Dalai Lama, Mahatma Gandhi, 
Vaclav Havel, Pope John Paul II, Martin Luther King, Nelson 
Mandela, and Eleanor Roosevelt are but a few of the human 
rights advocates who instantly come to mind. Such individuals 
still have an important role to play, but increasingly, public 
and private networks of transnational actors are becoming 
``norm entrepreneurs'' in and of themselves--networks capable 
of mobilizing popular opinion and political support at the 
national and international level in order to secure 
international recognition and acceptance of new principles, 
standards, or approaches to complex human rights problems.
    These transnational networks increasingly wield influence 
comparable to the power of individual nation-states, in their 
capacity to spotlight abuses, mobilize shame, generate 
political pressure, and develop structural solutions. But 
recent history also teaches that such networks cannot succeed 
without involving democratic governments dedicated to the same 
human rights goals. As President Clinton noted in Davos 
recently, all sides need to ``lower the rhetoric and focus on 
results.'' No transnational network can firmly or permanently 
entrench human rights, democracy, or the rule of law in 
unfamiliar soil without forging partnerships with democratic 
governments and other domestic and international members of the 
emerging human rights community. These partnerships, which 
cross public and private, institutional and national lines, 
will be increasingly challenged to work together and prod one 
another to yield creative and enduring solutions to emerging 
problems. As this new century unfolds, the United States will 
continue to be a leader in creating and partnering with such 
transnational networks to seek democracy and human rights for 
all the world's peoples.
                                 Harold Hongju Koh,
                              Assistant Secretary of State,
                      Bureau of Democracy, Human Rights, and Labor.
                                 AFRICA

                              ----------                              


                                 ANGOLA

    The Republic of Angola's transition from a single-party state to a 
multiparty democracy and its recovery from 25 years of civil conflict 
were hindered by a renewal of fighting between government forces and 
the National Union for the Total Independence of Angola (UNITA) in the 
second half of 1998, which continued throughout the year and led to a 
halt in the implementation of the 1994 Lusaka Peace Protocol between 
the Government and UNITA. The Popular Movement for the Liberation of 
Angola (MPLA) has ruled the country since its independence from 
Portugal in 1975. The country's competing independence movements began 
a civil war immediately after independence, which lasted until the 
signing of the Bicesse Accords in 1991. Under the Bicesse Accords, one-
party rule ended with the passage of a new Constitution that legalized 
opposition parties and called for U.N.-monitored elections, which were 
held in 1992. President Jose Eduardo Dos Santos of the MPLA won a 
plurality of the votes cast in an election that U.N. observers 
considered free and fair. UNITA rejected the results of the vote and 
resumed the civil war. In 1998 the National Assembly voted to cancel 
the never-held runoff election between the leading presidential 
candidates and allow Dos Santos to hold the presidency until a 
determination is made that proper conditions exist to hold new 
elections. In 1994 in an effort to end the civil war, the Government 
and UNITA signed the Lusaka Protocol, which called for the 
demilitarization of UNITA, the creation of a national army, the seating 
of a government of national unity and reconciliation, and the extension 
of state administration to areas formerly under UNITA control. The 
Government generally complied with its obligations under the protocol, 
although the conduct of the police and, to a lesser extent, military 
units in former UNITA areas drew widespread criticism. UNITA failed to 
comply with several fundamental aspects of the protocol. It maintained 
a potent military capability and refused to return to state 
administration the territory it held. In April 1997, UNITA officials 
joined the newly formed national unity government; however, the 
Government continues to back a splinter group of UNITA dissidents who 
are challenging the leadership of UNITA's longtime party president 
Jonas Savimbi. Fighting resumed between the Government and UNITA at the 
end of 1998, and by August armed conflict had resumed throughout the 
country. UNITA had taken substantial territory and increased its 
military pressure on government-held areas. The judiciary, where it 
functions, is not independent of the President and the MPLA.
    The Ministry of Interior is responsible for internal security, a 
function that it exercises through the Angolan National Police, the 
Rapid Intervention Police (PIR), and other organs of state security. 
The PIR was created in 1992 as an elite paramilitary force. The Armed 
Forces of Angola (FAA) are responsible for protecting the State against 
external threats and have intervened in regional conflicts every year 
since 1996. In 1997 the FAA integrated some 10,000 UNITA soldiers. With 
the resumption of localized hostilities inside the country the FAA 
became involved in counterinsurgency operations against UNITA. The FAA 
also is involved in similar operations, although on a smaller scale, 
against separatists who favor the independence of Cabinda province. The 
Government's security forces firmly are under civilian leadership. 
Security forces committed numerous, serious human rights abuses.
    The security factors that inhibited the country's transition to 
full multiparty democracy had a similar effect on the country's 
transition from a directed, state-dominated economic system to one 
based on market principles. The Government's economic policies remained 
directed towards a military build-up, with the Government resisting 
calls for greater transparency in public accounting. The economy was in 
disarray and despite abundant natural resources, output per capita is 
extremely low. Angola produces about 780,000 barrels of oil per day. 
Diamond production by the formal sector in government-controlled areas 
was estimated at 2 million carats. The estimated value of combined 
formal and informal sector diamond production in government-controlled 
areas was $320 million. Because the diamond-producing areas controlled 
by UNITA were reduced, diamond sales in UNITA-controlled areas declined 
significantly to less than $50 million. There also are lucrative 
untapped mineral, agricultural, and hydroelectrical resources in the 
country; however, corruption and mismanagement are pervasive in the 
public sector and widespread in the private sector. The Government has 
begun to liberalize its import regimes and reform its regulatory 
agencies to better allow the importation of the goods and services on 
which the economy depends. Annual per capita gross domestic product was 
approximately $450. The country's wealth continued to be concentrated 
in the hands of a small elite whose members used government positions 
for massive personal enrichment, and corruption continued to be a 
common practice at all levels. The average monthly salary of urban wage 
earners (approximately 20 percent of the labor force) was far below 
what is required for basic subsistence. Rural wages are even lower, as 
the majority of the rural economy is dependent on subsistence 
agriculture and is highly vulnerable to political unrest. Civilians 
residing in UNITA-held areas live under a primitive and brutal form of 
economic feudalism, their crops and other goodsare subject to arbitrary 
seizure by armed UNITA elements, and they are vulnerable to forced 
labor, including military service. They suffer from extreme scarcities 
of consumer goods, basic medical supplies, and other necessities.
    The Government's human rights record continued to be poor, and it 
continued to commit numerous serious abuses. Citizens have no effective 
means to change their government. The second round of the 1992 
presidential elections were canceled in a government agreement with the 
breakaway faction of UNITA. New elections were postponed indefinitely 
until the U.N. determines proper conditions exist to hold them. Members 
of the security forces committed numerous extrajudicial killings, were 
responsible for disappearances, and tortured, beat, raped and otherwise 
abused persons. The Government was unable to pay the salaries of the 
majority of its security service personnel. The poor discipline and 
poor working conditions of the police force made it the worst offender; 
military units generally have better discipline and a more effective 
chain of command. Other than those personnel assigned to elite units, 
the Government took no effective action to prevent security personnel 
from supplementing their incomes through the extortion of the civilian 
population. Prison conditions were life threatening. The Government 
routinely used arbitrary arrest and detention, and lengthy pretrial 
detention is a problem. The Government was unable or unwilling to 
punish those in the security services who were responsible for abuses. 
The judiciary is subject to executive influence, only functions in 
parts of the country, and does not ensure due process. The Government 
infringed on citizen's privacy rights and forcibly recruited military-
age males. The Government at times restricted freedom of speech and of 
the press, and intimidated journalists into practicing self-censorship. 
The Government restricted freedom of assembly, association, and 
movement. The Government continued to limit independent investigations 
of human rights abuses, although it allowed international human rights 
organizations, including Human Rights Watch and Amnesty International, 
to conduct research in the country. Discrimination and violence against 
women were common; adult and child prostitution is a problem; and 
children and the disabled continued to suffer as a result of the 
ongoing conflict and poor economic conditions. The Government continues 
to dominate the labor movement and restricts worker rights, although 
there were improvements in the independent labor sector. Forced labor 
and child labor are problems.
    UNITA also was responsible for numerous, serious abuses. UNITA 
forces were responsible for killings, disappearances, torture, rape, 
and other abuse. UNITA military units reportedly pillaged rural areas; 
depopulated large parts of the country, killed traditional leaders, and 
eliminated all opposition, real or potential. UNITA tightly restricted 
freedom of speech, the press, assembly, association, and movement. 
UNITA refused all attempts to conduct investigations in areas under its 
control. UNITA continued forced military recruitment, including of 
underage males, and used forced labor for a large part of its local-
level logistical support. The sexual abuse of women conscripted to work 
as porters was reportedly common in UNITA areas.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Incidents of 
extrajudicial killings occurred during the year as the war continued 
and, although figures and details were unavailable, observers believe 
that the number of such killings increased during the year. Security 
forces were responsible for numerous extrajudicial killings. Police 
frequently participate in shakedowns, muggings, carjackings, and 
killings. Major human rights abuses occurred as government forces 
carried out counterinsurgency operations. In February government forces 
reportedly killed several civilians after retaking the town of Mbanza 
Congo from UNITA. In December there was an unconfirmed report that the 
FAA killed 47 civilians during operations in the Luanda Sul province. 
Government aircraft bombed military targets in UNITA-held towns, which 
reportedly resulted in civilian casualties.
    Government soldiers sent to support the Government of the Republic 
of Congo committed acts of execution, rape, and looting while in the 
Republic of the Congo.
    Prison conditions are life threatening due to inadequate food, 
medicine, and sanitation and many prisoners died in official custody 
(see Section 1.c.).
    There were no investigations into, nor was any action taken against 
those responsible for, the extrajudicial killings of more than 40 
persons during 1998, including the UNITA provincial secretary in Xa-
Cessau, the UNITA communal secretary of Quibaxe, and the local UNITA 
secretary of Cangundu.
    In January a U.N. chartered aircraft was shot down in an area of 
active military operations and all nine persons on board were killed. 
The Government and UNITA both deny responsibility for the shooting. An 
investigation was pending at year's end.
    In January unknown gunmen killed Father Albino Saluaco, a Catholic 
parish priest, and two catechists in a town in the province of Huambo 
that was under UNITA military occupation (see Section 2.c.). In 
September UNITA National Assembly Deputy Joao Ngolongombe Jacob was 
killed by unknown persons.
    A number of killings remain unsolved. The killings of senior UNITA 
officials in Luanda following the resumption of hostilities in 1992 
never have been investigated. The Government has refused to return the 
bodies of UNITA vice president Jeremias Chitunda and secretary general 
Salupeto Pena to their families. The 1996 murders of independent 
journalist Ricardo de Mello and state-television reporter Antonio 
Casimiro, and the 1994 murder of the vice governor of Malange province 
also remain unsolved. The results of the investigation of the 1993 
death of opposition politician Carlos Simea never were released.
    Numerous localities changed hands during the year, a process that 
often involved the extrajudicial killing of government or UNITA 
administrators and persons accused of collaboration. Internally 
displaced persons and refugees risked their lives to flee to 
government-held areas or neighboring countries. Undocumented Congolese 
workers in diamond fields were targeted by government or UNITA forces 
seeking to take control of alluvial diamond mining operations. An 
unknown number of civilians died in the course of engagements between 
the security services and insurgents, particularly in the Central 
Highlands and in the northwest. Landmines laid by both sides during the 
conflict resulted in approximately 650 deaths. Strong anecdotal 
information suggests that both sides summarily execute prisoners of war 
(POW's).
    UNITA troops committed numerous extrajudicial killings during 
attacks on villages. Interviews with refugees indicated that UNITA 
committed abuses, including public extrajudicial killings, as a 
deliberate policy. In February UNITA forces reportedly entered a 
village near Luena and killed the village's soba (traditional leader) 
and his family. In April UNITA soldiers reportedly killed 25 villagers 
who were attempting to return to their homes in Muconda in the Luanda 
Sul province. In July UNITA attacked the town of Catete, killing 9 
persons and abducting 22 persons. There were unconfirmed reports that 
following military actions taken in the fall in Camacupa, Bie Province, 
mass graves were found containing the bodies of dozens of UNITA 
victims.
    UNITA killed numerous civilians during attacks on civilian traffic 
on roads throughout the country; such attacks were designed to halt 
transportation, disrupt commerce, isolate populations, and maintain a 
climate of insecurity. For example, in April on a stretch of road 
between Gabela and Sumbe, UNITA soldiers reportedly attacked a clearly 
marked aid vehicle, killing five humanitarian workers. In June UNITA 
soldiers reportedly attacked another aid vehicle, killing two persons.
    The shelling of cities by UNITA forces often killed civilians, 
particularly in Malange, Huambo, and Kuito. According to the Bishop of 
Malange, more than 1,000 persons were killed, and 700 injured, as a 
result of shelling; however, this report could not be confirmed.
    UNITA allegedly was responsible for some civilian deaths in 
Namibia.
    UNITA engaged in forced conscription and frequently killed persons 
who attempted to desert (see Section 1.g.).
    UNITA never has accounted for the deaths of numerous senior party 
officials, including Wilson dos Santos and Tito Chingunji. A number of 
former high-ranking UNITA officials who have defected revealed the 
extent of extrajudicial killings in UNITA-held areas. Two former UNITA 
secretary-generals, a former head of UNITA intelligence, and others 
have reported that Savimbi personally ordered extrajudicial killings of 
opponents and, in some cases, personally carried out the executions. 
UNITA also never has allowed the U.N. to investigate any claims of 
human rights abuses in areas of the country under its control unless 
those abuses were thought to be the work of government forces.
    b. Disappearance.--The Government and UNITA continued to accuse 
each other of abductions and of causing the disappearances of 
civilians, including government officials, party activists, and 
traditional leaders. The number of allegations and the prevailing 
conditions of insecurity made it impossible for the U.N. and other 
organizations to investigate all of these allegations.Persons taken 
into police custody often are reported to disappear without a trace, 
particularly in rural areas. Suspects accused of illegal weapons 
ownership or collaboration with UNITA disappeared, as did UNITA party 
officials in some areas where the Government regained control.
    Civilians abducted by UNITA generally either were forced to become 
soldiers or support personnel, or were considered government 
collaborators. There were unconfirmed reports in April from internally 
displaced persons that UNITA abducted persons in Nequile, Chitmebo, and 
Gimba Filili villages in Bie Province. In July UNITA abducted 22 
persons during an attack on the town of Catete (see Section 1.a.). In 
December, UNITA abducted 20 persons from Namibia, who subsequently were 
rescued by Namibian forces. The frequent discovery of dead bodies in 
the aftermath of attacks suggested that suspected collaborators were 
executed summarily. Those who escaped UNITA custody and were able to 
return to government-held areas reported that they were subjected to 
torture, beatings, and sexual abuse (see Section 1.c.).
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the Penal Code explicitly prohibit 
all forms of mistreatment of suspects, detainees, or prisoners; 
however, security forces tortured, beat, raped, and otherwise abused 
persons. The International Committee of the Red Cross (ICRC), the U.N., 
and human rights organizations report that there is widespread 
government abuse of suspects.
    Security service personnel regularly employed torture and other 
forms of cruel and degrading treatment, including rape. Police used 
torture and induced confessions frequently during investigations, and 
rarely, if ever, are punished for such abuses. Those suspected of ties 
to UNITA regularly are incarcerated under inhuman conditions and are 
subjected to primitive and brutal forms of interrogation. There have 
been no cases in which an army or police official has been disciplined 
for use of excessive force against a UNITA suspect. Police often beat 
and released suspects in lieu of trials (see Section 1.d.) Police 
frequently participate in shakedowns, muggings, carjackings, and 
killings. Police extorted money from travelers at checkpoints, and 
routinely harassed refugees (see Section 2.d.).
    There have been numerous reports of FAA soldiers crossing the 
border into Namibia and abusing and harassing Namibian civilians. There 
was at least one report of rape by an FAA soldier, and numerous reports 
of molestation of women and theft from small shops. In early December, 
the FAA commander in the south announced the arrest of three soldiers 
for abusing civilians in Namibia.
    There were several incidents in which security forces mistreated 
journalists. In April a Voice of America (VOA) correspondent was 
assaulted by a soldier after she reported on the lack of whites or 
persons of mixed race at a military recruitment center. In May police 
reportedly beat a journalist during a routine traffic stop when they 
learned of his profession. In July two television crews were arrested 
after filming a gunfight between police and suspected robbers. During 
the arrest, members of one of the crews were threatened, kicked, and 
hit with the butts of machine guns. There were no investigations into 
any of these incidents, nor were any actions taken against those 
responsible.
    Two of five UNITA deputies detained by the Government did not 
receive adequate medical attention when ill, and all of the deputies 
reported that they were denied food and water for periods of up to 36 
hours (see Section 1.d).
    Landmines laid by both sides during the conflict resulted in an 
increasing number of casualties, including maiming (see Section 1.g.)
    The U.N. and human rights organizations report that abuse of 
suspects is universal in areas under UNITA control. Interviews with 
persons who fled UNITA-held areas revealed that UNITA uses cruel and 
inhuman practices, including public torture and mutilation, to punish 
dissent and deter further acts of disloyalty. There have been repeated 
credible allegations that UNITA President Jonas Savimbi has ordered 
suspects tortured and executed in his presence.
    Prison conditions constituted a serious threat to the health and 
lives of prisoners. The Government and the National Assembly Committee 
on Human Rights have acknowledged that conditions are inhuman. Cells 
are overcrowded and lack basic sanitary facilities. The prison system 
holds approximately five times the number of prisoners it was built to 
hold. Many prisons, lacking financial support from the Government, were 
unable to supply prisoners with adequate food and health care. There 
werecredible reports that many prisoners died of malnutrition and 
disease.
    Prison officials routinely beat detainees. Prisoners depend on 
families, friends, or international relief organizations for basic 
support. Prison officials, who are chronically unpaid, support 
themselves by stealing from their prisoners and extorting money from 
family members. Juveniles, often incarcerated for petty theft, are 
housed with adults and suffer abuse by guards and inmates.
    The Government permitted local and international human rights 
monitors to visit prisons, but not individual prisoners, during the 
year.
    According to widespread reports, UNITA prison conditions are 
extremely harsh. UNITA reportedly maintained a prison in its Andulo 
headquarters that included large numbers of persons accused of treason. 
There was at least one report that UNITA prison officials beat 
detainees.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention are serious ongoing problems. Under the law, a person caught 
in the act of committing a crime may be arrested and detained 
immediately. Otherwise, the law requires that a judge or a provincial 
magistrate issue an arrest warrant. Arrest warrants also may be signed 
by prosecutors attached to police commands, and confirmed within 5 days 
by a magistrate. The Constitution provides for the right to prompt 
judicial determination of the legality of the detention. Under the law, 
the prosecution and defense have 90 days before a trial to prepare 
their case, although both sides generally have the right to request an 
extension of this deadline under extenuating circumstances. The 
Constitution also provides prisoners with the right to receive visits 
by family members. However, none of these rights exist in practice; 
there is a scarcity of personnel and resources, and a lack of official 
determination to ensure these rights. Although the Ministry of Justice 
is nominally in charge of the prison system, the Ministry of Interior 
continued to systematically, arbitrarily, and secretly arrest, and 
detain persons for all categories of crimes and for indefinite periods, 
often with no apparent intent to bring the detainees to trial.
    In January authorities arrested five UNITA deputies and members of 
Parliament on suspicion of treason and subversion (see Section 3). 
While in prison, the deputies generally were held incommunicado and two 
deputies who were ill were denied adequate medical treatment (see 
Section 1.c.). One deputy was released in May and the other four 
remained in custody until the Supreme Court ordered their release in 
October due to lack of evidence.
    In January authorities detained for 4 days a local employee of the 
U.N. Observer Mission in Angola (MONUA) on suspicion of being a UNITA 
spy. In June in response to UNITA shelling, government security forces 
engaged in large-scale arrests of suspected UNITA infiltrators and 
collaborators in Huambo and Malange. It is believed that more than 
1,000 persons were detained, although most were released by year's end.
    Police detained approximately 20 journalists for questioning in 
connection with charges of slander, defamation, and crimes against the 
security of the state; however, rather than charging journalists, 
police often inform journalists that they remain under investigation 
(see Section 2.a.). In January two journalists from Radio Morena were 
arrested for rebroadcasting a Portuguese radio interview with a UNITA 
official. On August 9 and 10 police detained for questioning the 
director, the news producer, an editor, and staff of Radio Ecclesia 
after the station rebroadcast a British Broadcasting Corporation (BBC) 
interview with Jonas Savimbi (see Section 2.a.). In August police 
detained a VOA journalist for 2 hours for questioning and accused him 
of defamation after he filed a report that local government officials 
had been diverting humanitarian aid. In September the director of Folha 
8 and a journalist were detained and questioned in connection with an 
article on the Radio Ecclesia detentions. In October the National 
Department of Criminal Investigation (DNIC) detained Rafael Marques, an 
independent journalist and human rights activist known for his vocal 
criticism of the government, and charged him with defaming the 
President and slandering the Attorney General. Marques was held for 
approximately 5 weeks before being released in late November pending an 
indefinitely postponed trial.
    In September the police detained several dozen foreign businessmen 
(see Section 2.d.).
    Under criminal law a person may not be held for over 135 days 
without trial. The National Security Law provides for a maximum of 180 
days preventative detention. In practice, over 90 percent of inmates in 
Luanda still are awaiting trial, and it is believed that the national 
average is over 50 percent. Inmates who have been awaiting trial for 2 
or 3 years are common. In many cases,police beat and then release 
detainees rather than make any effort to prepare a formal court case.
    The Government holds an unknown number of suspected UNITA officials 
and supporters in areas where government control was regained. The 
Government invariably accused these persons of illegal weapons 
possession or collaboration with UNITA, although formal charges rarely 
were filed.
    UNITA continues to detain persons against their will. The number of 
such persons is unknown, though a number of confirmed cases exist, 
including two Russian aircrews taken hostage in May and June when their 
planes were shot down, and four Portuguese and one Spaniard from 
M'banza, Congo.
    In March, alleged FLEC activists kidnapped two Portuguese and one 
French oil worker who were released later for ransom.
    The Lusaka Protocol provides for the release, under ICRC auspices, 
of persons detained for war-related reasons. With the resurgence in 
Government-UNITA fighting around the country, both sides have taken 
POW's. Neither the Government nor UNITA has allowed the ICRC or any 
other institution access to POW's. Strong anecdotal information 
suggests that both sides summarily execute POW's (see Section 1.a.).
    The Government did not use forced exile as a form of punishment.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary, where it functions, is 
not independent of the President and the MPLA. In practice the court 
system lacks the means, experience, training, and political backing to 
assert its independence from the President and the ruling party. The 
President has strong appointive powers, including the power to appoint 
Supreme Court justices without confirmation by the National Assembly. 
The judicial system largely was destroyed during the civil war and did 
not function in large areas of the country.
    The court system consists of the Supreme Court at the appellate 
level plus municipal and provincial courts of original jurisdiction 
under the nominal authority of the Supreme Court. Only 9 of the 12 
seats on the Supreme Court were filled by year's end. The Supreme Court 
serves as the appellate division for questions of law and fact but does 
not have the authority to interpret the Constitution. The Constitution 
reserves that role for a Constitutional Court, which is mandated by the 
1991 Constitution, but had yet to be established at year's end. Trials 
for political and security crimes are supposed to be handled 
exclusively by the Supreme Court.
    Five UNITA parliamentarians, arrested in January on suspicion of 
treason and subversion, were held incommunicado. One was released in 
May and the other four were released in October by the Supreme Court 
for lack of evidence.
    The Constitution provides defendants with the presumption of 
innocence, the right to a defense, and the right to appeal. Legal 
reform in 1991 established the right to public trials and a system of 
bail, and recognized the accused's right to counsel; however, the 
Government does not respect these rights in practice. Judges usually 
are lay persons, not licensed lawyers. The judge and two lay persons 
elected by the full court act as the jury.
    UNITA has established a nominal military and civilian court system 
in territories under its control and claims that its Civil Code is 
equivalent to the Portuguese Civil Code currently used by the 
Government. UNITA President Jonas Savimbi appoints judges personally, 
and UNITA trials are not open to the public. Juries consist of male 
elders chosen from the community. The accused reportedly has the right 
to a lawyer. However, areas of the country under UNITA control remain 
under strict martial law.
    There were no reports of government-held political prisoners.
    There are probable cases of UNITA-held political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home or 
Correspondence.--The Government infringed on citizens' privacy rights. 
The Government maintained a sophisticated security apparatus dedicated 
to the surveillance, monitoring, and wiretapping of certain groups, 
including opposition party leaders, journalists, members of the 
National Assembly and foreign diplomats. Legal requirements for search 
warrants routinely are disregarded.
    To enforce mandatory military laws, the military and police 
conducted forced conscription drives in many of the areas under the 
control of the Government, including Luanda, in which some minors may 
have been recruited. Persons who could prove thatthey had jobs usually 
were released, and those with financial means could buy their way out 
of the military. The Government denied that forced recruiting was 
taking place. Church groups, civil society institutions, and foreign 
embassies protested the manner of conscription.
    UNITA continued to conscript civilians forcibly for military duty 
(see Section 1.g.).
    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--The escalation in military operations by both the 
Government and UNITA resulted in a significant increase in the number 
and severity of human rights violations. The Government and 
humanitarian organizations reported that there are several hundred 
thousand new internally displaced persons, with estimates of the total 
internally displaced population varying between 1.5 and 3 million. 
Military attacks have resulted in indiscriminate and summary killings, 
torture, abductions, destruction of property, and theft. The provinces 
most affected were Lunda Norte, Lunda Sul, Malange, Bie, Uige, and 
Huambo. Congolese diamond miners were victims in numerous attacks on 
alluvial mining operations in Lunda Norte province.
    The Government's frequent failure to pay, feed, and equip military 
and police personnel resulted in extortion and theft. Government 
personnel frequently confiscated food, including donated relief 
supplies, livestock, and personal property, including nongovernmental 
organization (NGO) vehicles, often after forcibly depopulating areas 
and robbing the displaced persons. However, the reports of such 
activity decreased in the latter half of the year due to increased 
troop support and improved field liaisons between humanitarian agencies 
and the military.
    The Government and UNITA continued to use landmines to strengthen 
defensive positions, and in the case of UNITA, prevent residents within 
its own areas from fleeing to government-held areas (see Section 2.d.). 
Landmine explosions increased during the year to approximately 52 
incidents per month and resulted in numerous casualties (see Section 
1.a.). Approximately 1 in every 356 persons is an amputee as a result 
of landmine explosions. Observers believe that the increase in 
incidents is due not to new landmines, but to the movement of 
internally displaced persons into areas in which they are less 
familiar. There were reports that some internally displaced persons, 
desperate for nourishment, used the sticks that marked mined fields to 
light their cooking fires.
    UNITA forces routinely violated citizens' rights and caused 
thousands of civilian casualties in pursuit of military objectives. 
UNITA's strategy included ambushes against civilian traffic to halt 
transportation, driving persons living in the countryside into town in 
order to overwhelm government services and take over their land, and 
laying siege to those towns by extensive mining and artillery shelling. 
The major provincial cities of Kuito, Huambo, and Malange in 
particular, were affected. In mid-March UNITA shelled Malange, killing 
18 persons and wounding 15 others.
    UNITA carried out forced recruiting, including of minors, 
throughout all of the country's disputed territory. Recruits were taken 
to isolated military camps and subjected to psychological stress and 
extreme hardships; those who attempted to desert were executed. Women, 
many as young as 13 years of age, were recruited forcibly to serve as 
porters and camp followers, and reports of sexual assault were 
widespread and credible.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression and of the press and specifically provides that 
the media cannot be subject to ideological, political, or artistic 
censorship; however, the Government does not respect this right in 
practice. Moreover, unlike 1998, when the Government's record in this 
area improved, it deteriorated during the year. The Government 
continued to intimidate and threaten journalists into practicing self-
censorship. There were reports that the Government pays journalists to 
publish progovernment stories. Government authorities, including the 
Minister of Interior, and the presidential spokesman, consistently 
warned the press that they were subject to press and national security 
laws and would be subject to fines and imprisonment for reporting 
information that ``threatens the security of the state.'' The 
Government detained or placed under investigation journalists who 
reported on sensitive issues, including military operations, government 
corruption, and UNITA, especially Jonas Savimbi. Journalists 
acknowledge that they exercise self-censorship.
    In January the Government issued a memo that effectively ordered a 
news ban on coverage of the civil war. The ban largely was ignored by 
the independent media, prompting the Government to accuse it of 
supporting UNITA. In June and again in September, the Minister of 
Social Communication threatened the independent press with closure if 
it did not support the Government's war efforts against UNITA.
    Between June and August, the Government prosecuted several cases in 
the courts against journalists for violating the press law. The editor 
of the private newspaper Agora received a suspended sentence and was 
fined approximately $5 (30 kwanzas) for 90 days for slandering two 
Ministers. Two other reporters received similar sentences. The 
Government restricted a small number of journalists from writing and 
traveling while their cases remained pending.
    In April a soldier assaulted a VOA correspondent after she reported 
on the lack of whites or persons of mixed race at a military 
recruitment center (see Section 1.c.). In May police reportedly beat a 
journalist during a routine traffic stop when they learned of his 
profession. In July two television crews were arrested after filming a 
gunfight between police and suspected robbers, and during the arrest, 
police abused members of one of the crews (see Section 1.c.).
    Police detained approximately 20 journalists for questioning in 
connection with charges of slander, defamation, and crimes against the 
security of the State. In January two journalists from Radio Morena 
were arrested for rebroadcasting a Portuguese radio interview with a 
UNITA official (see Section 1.d.). On August 9, Radio Ecclesia 
rebroadcast a BBC interview with Jonas Savimbi; shortly after the 
broadcast police raided the studio and detained for questioning the 
director, the news producer, and an editor. They were released the 
following morning. On August 10, the police again detained for 
questioning the journalists detained the previous evening in addition 
to five other staff members. All were released later that day. In 
August police detained a VOA journalist, Isaias Soares, for 2 hours for 
questioning and accused him of defamation after he filed a report that 
local government officials were diverting humanitarian aid. In 
September William Tonet, the editor of Folha 8, and another journalist, 
were detained and questioned in connection with an article on the Radio 
Ecclesia detentions. Shortly thereafter the Government warned Tonet 
that he still was under investigation and could not to leave the 
country. In October the National Department of Criminal Investigation 
(DNIC) detained Rafael Marques, an independent journalist and human 
rights activist known for his vocal criticism of the government. 
Marques was charged with defamation and slander, and held for 
approximately five weeks before being released pending a trial (see 
Section 1.d.).
    The majority of the media is state-run and carries very little 
criticism of the Government. Semi-independent newspapers and private 
radio stations grew increasingly bold in their criticism of government 
policies and actions. There are five private weekly publications with 
circulations in the low thousands. There are also five commercial radio 
stations including the Catholic Radio Ecclesia, and Radio Lac Luanda, 
which openly criticize aspects of government policies and highlight 
poor socioeconomic conditions.
    A committee composed of the Minister of Social Communication, the 
spokesman of the presidency, and the directors of state-run media 
organizations controls media policy and censorship. The MPLA's 
secretary general also influences the content and tone of state-run 
media reporting. The Government used its control of the media to engage 
in a hostile propaganda campaign against UNITA, including unconfirmed 
allegations of UNITA massacres, as a means of influencing local and 
international public opinion.
    The Government generally did not restrict the activities of foreign 
media, including the BBC and the VOA; however, it continued to refuse 
to allow direct retransmission, and in January, after a Portugeuse 
daily newspaper ran a story criticizing the Government, authorities 
withdrew press credentials from one of the newspaper's reporters and 
ordered her to leave the country. The Government also denied entry into 
the country to another reporter from the newspaper. Foreign journalists 
require authorization from the Ministry of Interior in order to obtain 
access to government officials or to travel within the country. Travel 
to UNITA-controlled areas routinely was denied. The Government placed 
no abnormal visa restrictions on foreign journalists and generally 
allowed them to report freely on all aspects of society in government-
controlled areas. The Government allowed the U.N. to contribute to 
broadcast content but denied it the ability to open its own radio 
station.
    In UNITA-controlled areas no media organizations can function 
except under the absolute control of party officials. UNITA media 
includes Radio Vorgan, which broadcasts sporadically from the 
highlands, and a UNITA website. No media personnel wereallowed free 
access to UNITA areas by either the Government or UNITA after the 
resumption of the conflict.
    Academic life has been circumscribed severely by the civil war. 
Generally, there is academic freedom; however, the Government dismissed 
a university rector for political reasons during the year. Reportedly 
the rector came into conflict with the Ministry of Education for 
supporting higher wages for professors and increased academic 
standards. The rector's dismissal led to a strike by the university's 
professors (see Section 6.a.). Academics do not practice self-
censorship.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of assembly; however, the Government restricts 
this right in practice. The law requires a minimum of 3 days' prior 
notice before public or private assemblies are held, and makes 
participants liable for ``offenses against the honor and consideration 
due to persons and to organs of sovereignty.'' Applications for 
progovernment assemblies are granted routinely without delay; however, 
applications for protest assemblies rarely are granted.
    The Constitution provides for the right of association; however, 
the Government restricts this right in practice. Legislation allows the 
Government to deny registration to private associations on security 
grounds, and the Government arbitrarily limits organized activities 
deemed adverse to its interests.
    There is no freedom of assembly or association in areas of the 
country under UNITA control.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, including the separation of church and state, and the 
Government respects this right in practice. Members of the clergy in 
government-held areas regularly use their pulpits to highlight the 
human costs of war and to call on the Government and UNITA to make 
peace. Radio Ecclesia, run by the Catholic Church, is one of the few 
sources of independent news. The station began practicing self-
censorship in August after the Government harassed it for 
rebroadcasting a Jonas Savimbi interview with the BBC (see Section 
2.a.).
    While in general UNITA permits freedom of religion, interviews with 
persons who left UNITA-controlled areas reveal that the clergy does not 
enjoy the right to criticize UNITA policies.
    In January unknown gunmen killed Father Albino Saluaco, a Catholic 
parish priest, and two catechists in a town in the province of Huambo 
that was under UNITA military occupation. Father Saluaco had served as 
deputy director of a project to reintegrate child soldiers into their 
families.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement and residence, and freedom of exit from and entry into the 
country; however, the Government does not respect these rights in 
practice. A network of government checkpoints throughout the country 
interfered with the right to travel. Such checkpoints serve as a source 
of income for many of the country's security service personnel. 
Extortion at checkpoints is routine in the center of Luanda and 
pervasive on major commercial routes. The Government routinely cuts off 
access to areas of the country that are deemed insecure or beyond the 
administrative authority of the State. Transportation links between 
government- and UNITA-held territory were broken as a result of 
conflict. The Government did not place restrictions on emigration and 
repatriation. In September the police detained and harassed several 
dozen foreign businessmen in an effort to control currency speculation; 
several of the businessmen ultimately were deported.
    As a result of the conflict approximately 75,000 citizens fled into 
neighboring countries during the year, including to the Democratic 
Republic of Congo, Namibia, and Zambia.
    Human rights and relief workers who interviewed Angolan refugees 
and displaced persons reported that UNITA limits the free movement of 
the civilian population both by preventing persons from fleeing some 
areas under their control, and by displacing them to areas of 
government control. The patterns that emerged from the discussions 
suggested that UNITA uses military patrols, checkpoints, and landmines 
to keep persons from leaving their home areas. Refugees who fled the 
country and who were not part of the Ovimbundu majority within UNITA 
said that arbitrary public punishment, including death by firing squad 
or by immolation, was used to deter others from leaving. There is also 
some evidence to suggest a pattern of UNITA displacing persons and 
forcing them to flee to government-controlled cities in order 
toincrease pressure on the Government to deal with increased 
humanitarian burdens.
    Mines laid by UNITA forces on roads are a major impediment to the 
freedom of internal circulation. According to U.N. and NGO reports, 
UNITA uses antipersonnel and antivehicle mines to prevent government 
forces from entering areas under its control and to restrict movement 
of civilians, either by keeping them within areas it controls, or by 
keeping them from leaving government towns. UNITA also used landmines 
to make areas unsuitable for cultivation and to deny hostile 
populations access to water supplies and other necessities. Government 
use of landmines generally was confined to defensive positions and 
around towns under threat of UNITA attack. Estimates of the total 
number of landmines deployed throughout the country range into the 
millions. Fear of injury and death from landmines effectively 
imprisoned and impoverished entire communities. There were an unknown 
number of fatalities due to landmine explosions during the year, and 
there are over 80,000 survivors of landmine explosions.
    The law provides for the granting of refugee and asylee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government cooperates with the U.N. 
High Commissioner for Refugees. The Government provides first asylum to 
refugees. An eligibility committee to evaluate asylum claims meets 
regularly to evaluate asylum requests. There are approximately 11,000 
refugees in the country, mostly from the Democratic Republic of Congo. 
The majority of Rwandan refugees in Luau, Moxico province, an area that 
reverted to government control in September 1997, had left the country 
for camps in Zambia by the end of 1998.
    There were no reports of the forced expulsion of persons with valid 
claims to refugee status.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides all adult citizens with the right to vote 
by secret ballot in direct multiparty elections to choose the President 
of the Republic and deputies in the 220-seat National Assembly; 
however, in practice, citizens have no effective means to change their 
government. The Lusaka Protocol established the mechanism for returning 
the country to an electoral calendar, but in June the National Assembly 
voted to postpone new elections indefinitely due to the renewal of 
conflict. Opposition parties complain of harassment and intimidation by 
government security forces.
    The President is elected by absolute majority. If no candidate wins 
such a majority, there is a runoff between the two candidates with the 
most votes. Of the 220 Deputies in the National Assembly, 130 are 
elected on a national ballot, and 90 are elected to represent the 
provinces. The Electoral Law also calls for the election of three 
additional deputies to represent citizens living abroad; however, those 
positions were not filled in the 1992 elections.
    Ruling power is concentrated in the President and other members of 
the Council of Ministers, through which the President exercises 
executive power. The Council can enact decree-laws, decrees, and 
resolutions, thereby controlling most functions normally associated 
with the legislative branch. The National Assembly has served as an 
important debating forum; however, in matters of budget and 
legislation, it is largely a rubber stamp for executive decisions. 
Although the Constitution establishes the position of Prime Minister, 
the President dismissed the Prime Minister during the MPLA Party 
Congress at the end of 1998, and assumed the position himself by 
decree. The seating of 70 UNITA Deputies in April 1997 fostered 
substantive debates for the first time on issues ranging from the peace 
process to the Government's budgeting priorities and accountability. 
These debates have decreased since, due to the formation of UNITA-
Renovada, a government-backed UNITA splinter group, and the 
Government's sensitivity to criticism following resumption of the 
conflict.
    The National Assembly established a commission to revise the 
Constitution beginning in the fall. Deliberations are expected to 
continue through 2000 with participation from all parties represented 
in the National Assembly.
    The 1992 elections were the first multiparty democratic elections 
in the country's history and were conducted with U.N. supervision and 
financial support. MPLA President Jose Eduardo dos Santos won a 
plurality of votes cast in the presidential election (49 percent) and 
UNITA leader Jonas Savimbi finished second (40 percent). Although local 
and international observers declared the election to be generally free 
and fair and called on UNITA to accept the results, UNITA claimed that 
the elections were fraudulent, rejected the results, and returned the 
country to civil war. The runoff election between Dos Santos and 
Savimbi never was held. The Lusaka Protocol stated that it would take 
place following a U.N. determination that requisite conditionsexist. 
The National Assembly voted in June to cancel the runoff election 
pending a determination that conditions are appropriate for a new 
election.
    In April 1997, UNITA and 10 smaller opposition parties joined the 
ruling MPLA in a government of national unity and reconciliation. In 
1998 UNITA officials assumed 4 ministerial and 7 vice-ministerial 
positions, and 70 UNITA deputies took their seats. The remaining 
positions were filled by members of a dissident UNITA group, UNITA-
Renovada, which is recognized and assisted by the Government. The 
National Assembly promulgated a special status for Savimbi, declaring 
him the leader of the largest opposition party and providing him with 5 
official residences and a bodyguard contingent of 400 personnel. The 
National Assembly revoked Savimbi's status in 1998, for abrogating his 
duties under the Lusaka Protocol. During the year, the Government 
declared Savimbi a war criminal and issued a warrant for his arrest.
    In January authorities arrested five UNITA deputies and Members of 
Parliament on suspicion of treason and subversion (see Section 1.d.). 
Under the law and the rules of the National Assembly, Members of 
Parliament are immune from arrest unless caught in act of committing a 
capital offense; however, two of the deputies were asleep when the 
police came to their homes to arrest them. In February the National 
Assembly lifted the deputies' immunity. While in prison, the deputies 
generally were held incommunicado and two deputies who were ill were 
denied adequate medical treatment (see Section 1.c.). One deputy was 
released in May and the other four remained in custody until the 
Supreme Court ordered their release in October due to lack of evidence. 
In November the deputies resumed their seats in Parliament.
    There are no legal barriers to the participation of women in the 
political process, and while women occupy a number of important 
government positions, they were underrepresented in government and 
politics. Women hold 10 of 83 cabinet positions and 35 of 220 seats in 
the National Assembly.
Section 4. Governmental Attitudes Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government does not formally prohibit independent 
investigations of its human rights record, but it fails to cooperate 
and often uses security conditions as pretext to deny access to 
affected areas.
    There are over 120 registered NGO's operating in the country, of 
which approximately 45 are domestic NGO's.
    Several international organizations have a permanent presence in 
the country including the ICRC, and the human rights division of MONUA. 
Human Rights Watch and Amnesty International visited the country during 
the year.
    The Constitution provides for the creation of an office of the 
Provider of Justice, or ombudsman, designated by the National Assembly 
for a 4-year term, to defend citizens' rights and liberties; however, 
this office had not yet been filled at year's end.
    The MONUA human rights division, established in 1997 to conduct 
human rights training for U.N. forces and investigate individual cases 
of human rights abuses, had a countrywide presence prior to the 
outbreak of hostilities in late 1998. The MONUA human rights division 
closed its team sites around the country in February and March, and as 
a result, the ability of local and international observers to conduct 
human rights investigations was limited.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    Under the Constitution all citizens are equal before the law and 
enjoy the same rights and responsibilities regardless of color, race, 
ethnicity, sex, place of birth, religion, ideology, degree of 
education, or economic or social condition. The Government does not 
have the ability to enforce these provisions effectively.
    Women.--Violence against women was widespread. Credible evidence 
indicated that a significant proportion of homicides was perpetrated 
against women, usually by their spouses. In 1997 a Ministry of Women 
was created to deal specifically with violence against women. During 
the year, the Ministry worked closely with NGO's and international 
organizations on a project to reduce violence against women and improve 
the status of women.
    The Constitution and Family Code provide for equal rights without 
regard to gender; however societal discrimination against women 
remained a problem, particularly in rural areas. In addition, a portion 
of the Civil Code dates back to colonial times and includes 
discriminatory provisions against women in the areas ofinheritance, 
property sales, and participation in commercial activities. A series of 
national conferences on women's rights, partially funded by foreign 
donors, continued to produce calls for the Government to amend the 
Civil Code to end women's legal inequality, create a social welfare 
program, and strengthen enforcement mechanisms for existing 
legislation.
    The maternal mortality rate in 1996 was estimated at 1,500 deaths 
per 100,000 live births. There are no effective mechanisms to enforce 
child support laws, and women carry the major portion of 
responsibilities in raising children. Due to poor economic conditions, 
an increasing number of women engaged in prostitution.
    Despite constitutional protections, women suffer from 
discrimination. The law provides for equal pay for equal work, but in 
practice, women rarely are compensated equally. Some women hold senior 
positions in the military (primarily in the medical field) and civil 
service, but women mostly are relegated to low-level positions in 
state-run industries and in the small private sector. In much of the 
country, women constituted a growing percentage of the disabled, since 
they were most likely to become victims of landmines while foraging for 
food and firewood in agricultural areas. Under the law, adult women may 
open bank accounts, accept employment, and own property without 
interference from their spouses. Upon the death of a male head of 
household, the widow automatically is entitled to 50 percent of the 
estate with the remainder divided equally among legitimate children.
    Children.--Some 50 percent of the population is believed to be 
under the age of 15; however, the Government gave little attention to 
children's rights and welfare. The Ministry of Education barely 
functions due to lack of resources. Private religious, community, or 
corporate groups have been unable to fill this vacuum. Teachers are 
chronically unpaid and the net enrollment rate of school-age children 
is 40 percent, with an 18 percent gap favoring boys over girls. Almost 
1 million children are estimated to be out of school, with no prospect 
of integrating them into the education system. Most of the educational 
infrastructure is damaged either partially or totally and lacks basic 
equipment and teaching materials. Only 42 percent of the population are 
literate, and the illiteracy rate for women is almost twice that of 
men.
    UNITA and the Government allowed 8,000 child soldiers to be 
demobilized in 1996-1997. The Government has not brought any 
significant number of children back into the armed forces, although 
some children might have been caught up in forced recruitment campaigns 
(see Section 1.f.). There are credible reports that UNITA forcibly has 
recruited children into its armed forces.
    The U.N. Children's Fund (UNICEF) in 1998 estimated that there were 
approximately 5,000 street children in Luanda; some were orphans or 
abandoned while others ran away from their families or from government 
facilities that were unable to support them. Living conditions in 
government youth hostels are so poor that the majority of homeless 
children preferred to sleep on city streets. Street children shine 
shoes, wash cars, and carry water, but many resort to petty crime, 
begging, and prostitution in order to survive (see Section 6.d.). One 
international NGO that works with street children estimated that there 
were 500 to 1,000 underage prostitutes in Luanda.
    The government-sponsored National Institute for Children is a well-
intentioned organization, but it lacks the capacity to assist 
adequately efforts by international NGO's to assist dispossessed youth. 
There are no active private children's rights advocacy groups.
    Female genital mutilation (FGM) is widely condemned by 
international health experts as damaging to both physical and 
psychological health. There has been very little evidence of FGM. There 
were rare occurrences in remote areas of Moxico province, bordering the 
Democratic Republic of Congo and Zambia in past years; however, 
information from local and international health workers, including 
midwives, indicated that indigenous groups do not practice FGM.
    People with Disabilities.--The number of physically disabled 
persons includes an estimated 80,000 disabled landmine survivors. While 
there is no institutional discrimination against the disabled, the 
Government is doing little to improve their physical, financial, or 
social conditions. There is no legislation mandating accessibility for 
the disabled in public or private facilities, and, in view of the 
degradation of the country's infrastructure and high unemployment rate, 
it is difficult for the disabled to find employment or participate in 
the education system.
    National/Racial/Ethnic Minorities.--The population includes 1 to 2 
percent of Khoisan and other linguistically distinct hunter-gatherer 
tribes scattered through the provinces of Namibe, Cunene, and Cuando 
Cubango. There is no evidence that they suffer from official 
discrimination or harassment, but they do not participate actively in 
the political or economic life of the country and have no ability to 
influence government decisions concerning their interests.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right to form and join trade unions, engage in union activities, and 
strike; however, the Government does not respect these rights 
consistently in practice. The Government dominated the National Union 
of Angolan Workers (UNTA), which is the labor movement affiliated with 
the ruling MPLA party; however, the General Center of Independent and 
Free Labor Unions of Angola (CGSILA) is independent, and has 
approximately 51,000 members. The law requires that labor unions be 
recognized by the Government. Restrictions on civil liberties 
potentially prevent any labor activities not approved by the 
Government; however, the major impediment to labor's ability to 
advocate on behalf of workers is the 80 percent formal sector 
unemployment rate.
    The Constitution provides for the right to strike. Legislation 
passed in 1991 provides the legal framework for, and strictly 
regulates, that right. The law prohibits lockouts and worker occupation 
of places of employment, and provides protection for nonstriking 
workers. It prohibits strikes by military and police personnel, prison 
workers, and firefighters. The law does not prohibit employer 
retribution against strikers effectively.
    There were several public sector strikes over salaries and 
conditions, which deteriorated due to the high inflation rate. Public 
employees received major pay increases as a result of these strikes. 
The most notable strike took place in August when university professors 
protested the Government's dismissal of the university rector for 
political reasons (see Section 2.a.).
    Unions have the right to affiliate internationally.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right to organize and for collective 
bargaining; however, the Government generally does not respect these 
rights in practice. The Government dominates the economy through state-
run enterprises. The Ministry of Public Administration, Employment, and 
Social Security sets wages and benefits on an annual basis. Legislation 
prohibits discrimination against union members and calls for worker 
complaints to be adjudicated in regular civil courts. Under the law, 
employers found guilty of antiunion discrimination are required to 
reinstate workers who have been fired for union activities. In 
practice, neither the Labor Code nor the judicial system are capable of 
defending these rights.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law permits the 
Government to force workers back to work for breaches of worker 
discipline and participation in strikes, and has been cited by the 
International Labor Organization (ILO) as an example of forced labor in 
violation of ILO conventions. The law prohibits forced or bonded child 
labor, and there are no reports that such labor occurs in government-
held areas; however, the Government does not have the capacity to 
enforce this legislation in nongovernment-held areas.
    UNITA forces regularly abduct children for military service and 
other forms of forced labor. UNITA depends on forced labor for much of 
its logistical support. Refugees and internally displaced persons 
reported that rural women frequently are forced to work as porters for 
UNITA military units and kept in life threatening conditions of 
servitude. There also were credible reports of sexual assault.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum age for employment is 14 years. Children 
between the ages of 14 and 18 may not work at night, in dangerous 
conditions, or in occupations requiring great physical effort; however, 
these provisions generally are not enforced. The Inspector General of 
the Ministry of Public Administration, Employment, and Social Security 
is responsible for enforcing labor laws. The Ministry maintains 
employment centers where prospective employees register, and the center 
screens outapplicants under the age of 14; however, many younger 
children work on family farms, as domestic servants, and in the 
informal sector. Family-based child labor in subsistence agriculture is 
common. Poverty and social upheavals have brought large numbers of 
orphaned and abandoned children, as well as runaways, into unregulated 
urban employment in the informal sector. The law prohibits forced or 
bonded child labor; however, the Government is unable to enforce these 
provisions (see Section 6.c.).
    e. Acceptable Conditions of Work.--The minimum wage set by the 
Ministry of Public Administration, Employment, and Social Security was 
approximately $30 (180 kwanzas) per month prior to the rapid 
devaluation of the kwanza in the mid-1990's. During the year, the 
minimum wage was set at approximately $2.50 (15 kwanzas) per month; 
however, the Government does not enforce this standard. The majority of 
urban workers earn less than $20 (120 kwanzas) per month. Most workers 
hold second jobs, engage in subsistence agriculture, rely on aid from 
relatives, or engage in corruption to supplement their incomes. Neither 
the minimum wage nor the average monthly salary, which is estimated at 
$15 (90 kwanzas) to $200 (1200 kwanzas) per month, are sufficient to 
provide a decent standard of living for a worker and family. As a 
result, most wage earners depend on the informal sector, subsistence 
agriculture, corruption, or support from abroad to augment their 
incomes.
    A 1994 government decree established a 37-hour workweek; however, 
the Ministry of Public Administration was unable to enforce this 
standard, just as it was unable to enforce existing occupational safety 
and health standards. Workers cannot remove themselves from dangerous 
work situation without jeopardizing their continued employment.
    f. Trafficking in Persons.--The Constitution prohibits trafficking; 
however there continued to be allegations that UNITA abducted persons, 
including children, for forced labor, and abducted women for use as sex 
slaves.
                                 ______
                                 

                                 BENIN

    The Republic of Benin is a constitutional democracy headed by 
President Mathieu Kerekou, who was inaugurated on April 4, 1996, after 
elections that generally were viewed as free and fair. President 
Kerekou, who ruled Benin as a Socialist military dictator from 1972 to 
1989, succeeded his democratically elected predecessor and continued 
the civilian, democratic rule begun in the 1990-91 constitutional 
process that ended his previous reign. There are 19 political parties 
represented in the unicameral, 83-member National Assembly. The March 
30 parliamentary elections, which were free, fair, and transparent 
resulted in significant gains by the opposition, notably the party of 
former President Nicephore Soglo, which gained 27 seats in Parliament. 
Although a loose alliance of progovernment deputies holds a 42 to 41 
seat majority, some progovernment deputies side with the opposition, 
depending on the issue. Consequently, legislative power is shared 
between opposition and progovernment forces. For example the President 
of the National Assembly belongs to an opposition party. The Government 
respects the constitutional provision for an independent judiciary; 
however, the executive has important powers in regard to the judiciary, 
and the judiciary is inefficient and susceptible to corruption at some 
levels.
    The civilian-controlled security forces consist of the armed 
forces, headed by the Minister Delegate for Defense Matters in the 
office of the President, and the police force under the Interior 
Minister. The Ministry of Defense supervises the gendarmerie, which 
exercises police functions in rural areas while the Ministry of 
Interior supervises other police forces. The armed forces continued to 
play an apolitical role in government affairs despite concerns about 
morale within its ranks and its ethnic imbalance within the forces. 
Members of the police committed some human rights abuses.
    Benin is an extremely poor country with average yearly per capita 
income below $400. The economy is based largely on subsistence 
agriculture, cotton production, regional trade (including transshipment 
of goods to neighboring countries), and small-scale offshore oil 
production. The port of Cotonou serves as a major conduit for goods 
entering neighboring Nigeria legally and illegally. The Kerekou 
administration continued, and in some cases stepped up, the austerity 
program begun by its predecessor; privatized state-owned enterprises; 
reduced fiscal expenditures; and deregulated trade. In spite of an 
inefficient bureaucracy and widespread unemployment, the country's 
economicrecovery continued under liberal economic policies instituted 
since the return to democracy. Although the economy expanded, real 
growth was lower than in previous years. The Government estimated a 4 
percent growth rate with inflation at 3.5 percent through August. The 
Government privatized the state-owned oil and cement companies.
    The Government generally respected the human rights of its 
citizens; however, there were problems in several areas. Reports came 
to light of extrajudicial killings by police in 1998. There were 
credible reports that police sometimes beat suspects, and at times the 
authorities arbitrarily arrested and detained persons. The most 
prominent human rights problems continued to be the failure of police 
forces to curtail acts of vigilantism and mob justice; harsh and 
unhealthy prison conditions; serious administrative delays in 
processing ordinary criminal cases with attendant denial of timely, 
fair trials; judicial corruption; societal discrimination and violence 
against women; and trafficking in and abuse of children. The practice 
of female genital mutilation (FGM) and, to a lesser extent, infanticide 
also remain problems. Child labor continues to be a problem. The 
Constitutional Court continued to demonstrate independence. On several 
occasions during the year, the court ruled that legislation proposed by 
the Government and approved by the National Assembly was defective. On 
each occasion the legislation was redrafted to satisfy the court's 
objections, then reapproved by the legislature before promulgation. For 
example, the Constitutional Court ruled that some provisions of the 
decentralization law were unconstitutional; the legislature and the 
President accepted this decision.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
confirmed reports of political or other extrajudicial killings by 
government officials. According to Amnesty International, Florent 
Adoko, died at the principal police station in Cotonou in January 1998 
after being beaten by a guard. There were also reports that other 
detainees may have been killed on the same day at the same police 
station. The report also alleges that police killed Adjakieje Alexandre 
while dispersing a peaceful demonstration in Gbendo, near Abomey, in 
May 1998. The State Prosecutor's office reportedly is investigating 
these allegations.
    As in previous years, incidents of mob justice were reported by the 
media and other sources. These were most often cases of suspected 
criminals being killed or severely injured, particularly thieves caught 
in the act. Although a number of these incidents occurred in urban 
areas and were publicized in the press, the Government apparently made 
no concerted attempt to investigate or prosecute anyone involved. A 
rural demagogue incited mobs to lynch upwards of 100 suspected 
criminals in southwestern Benin between March and October. Most of the 
victims were burned alive, many after being abducted, beaten, and 
tortured by the demagogue's followers. Initially, police did not 
attempt to stop the so-called militias from carrying out the lynchings. 
The killings abated when soldiers dispatched by the Government 
extracted a promise from the demagogue that he would order his 
followers to cease lynching suspected wrongdoers and instead turn them 
over to the authorities. However, credible reports indicate that 
individual incidents of mob justice continue to occur nationwide and 
that police frequently ignore vigilante attacks.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were credible reports that police sometimes beat criminal suspects. The 
Government continued to make payments to victims of torture under the 
military regime that ruled from 1972 to 1989.
    Mob justice resulted in serious injuries to a number of persons 
(also see Section 1.a.).
    Prison conditions continued to be extremely harsh. Extensive 
overcrowding and lack of proper sanitation and medical facilities posed 
a risk to prisoners' health. The prison diet is seriously inadequate; 
malnutrition and disease are common. Prisoners are allowed to meet with 
visitors such as family members, lawyers, and others.
    Some progress was made in 1998 with the opening of three modern 
facilities in the departments (provinces) of Borgou, Mono, andAtacora 
through foreign funding. The prisons provide, for the first time, 
separate units for men, women, and minors. The Government is expected 
to continue its plan for prison renovation, rehabilitation, and 
construction with assistance from foreign donors--both governments and 
nongovernmental organizations (NGO's).
    The Government permits prison visits by human rights monitors. A 
special rapporteur from the Commission Africaine des Droits de l'Homme 
et des Peuples (African Human Rights Commission) visited prisons in 
August.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention; however, at times the 
authorities arbitrarily arrested and detained persons. The Constitution 
prohibits detention for more than 48 hours without a hearing by a 
magistrate whose order is required for continued detention. However, 
there were credible reports that authorities exceeded this 48-hour 
limit in many cases, sometimes by as long as 1 week, using the accepted 
practice of holding a person without specified time limit ``at the 
disposition of'' the public prosecutor's office before presenting the 
case to a magistrate. Approximately 75 percent of persons in prison are 
pretrial detainees.
    The Constitution prohibits forced exile of citizens, and it is not 
practiced. Many citizens who went into exile prior to the establishment 
of democratic rule have returned.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respects this 
provision in practice; however, the executive has important powers in 
regard to the judiciary, and the judiciary remains inefficient in some 
respects and is susceptible to corruption at some levels.
    The President appoints career magistrates as judges in civil 
courts, and the Constitution gives the Ministry of Justice 
administrative authority over judges, including the power to transfer 
them. Inadequate facilities, poorly trained staff, and overcrowded 
dockets result in slow administration of justice. The low salaries of 
magistrates and clerks have a demoralizing effect on their commitment 
to efficient and timely justice and make them susceptible to 
corruption.
    A civilian court system operates on the national and provincial 
levels. There is only one court of appeals. The Supreme Court is the 
court of last resort in all administrative and judicial matters. The 
Constitutional Court is charged with passing on the constitutionality 
of laws and on disputes between the President and the National Assembly 
and with resolving disputes regarding presidential and National 
Assembly elections. Its rulings against both the executive and 
legislative branches, which were respected by both branches, 
demonstrated its independence from both these branches of government. 
The Constitution also provides for a High Court of Justice to convene 
in the event of crimes committed by the President or government 
ministers against the State. Implementing legislation to create the 
High Court of Justice was passed in 1996. Although the legislation was 
passed, the Constitutional Court later found some of its provisions to 
be unconstitutional. In accordance with the court's ruling, the 
National Assembly revised the law and sent the new legislation to the 
President. In 1998 he, in turn, submitted it to the court for 
reconsideration; textual errors were corrected in January, but the law 
has not yet been promulgated. Inefficiency and corruption particularly 
affect the judiciary at the trial court and investigating magistrate 
level. Military disciplinary councils deal with minor offenses by 
members of the military services, but have no jurisdiction over 
civilians.
    The legal system is based on French civil law and local customary 
law. The Constitution provides for the right to a fair public trial. A 
defendant enjoys the presumption of innocence and has the right to be 
present at trial and to representation by an attorney, at public 
expense if necessary. In practice the court provides indigent 
defendants with court-appointed counsel upon request. A defendant also 
has the right to confront witnesses and to have access to government-
held evidence. Trials are open to the public, but in exceptional 
circumstances the president of the court may decide to restrict access 
to preserve public order or to protect the parties.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, and 
government authorities generally respect these prohibitions in 
practice. Police are required to obtain a judicial warrant before 
enteringa private home, and they usually observed this requirement in 
practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government respects these 
rights in practice. The government entity with oversight responsibility 
for media operations is the High Authority for Audio-visual Media and 
Communications (HAAC), which requires broadcasters to submit weekly 
lists of planned programs and requires publishers to deposit copies of 
all publications with it. However, this requirement is not observed by 
the media in practice.
    There is a large and active privately owned press consisting of 
more than a dozen daily newspapers. These publications criticize the 
Government freely and often, but their effect on public opinion is 
limited because of their urban concentration. The majority of citizens 
are illiterate and live in rural areas; they largely receive their news 
via radio. A nongovernmental media ethics commission (ODEM) was 
established in May and has censured a number of journalists for 
unethical conduct as well as commended some journalists for adherence 
to the standards of their profession.
    In August a trial court sentenced five journalists to various jail 
terms not exceeding 1 year and fines for criminal libel in several 
cases that did not involve criticism of the Government. For example 
Vincent Foly, a reporter for Le Point au Quotidien, was arrested in 
January following a tough editorial and sentenced to 1 year in prison 
in August. At year's end, none of these sentences had been executed and 
appeals are pending.
    New privately owned radio and television stations began 
broadcasting in December 1997. Throughout the year, they broadcast 
programs that criticized the Government without interference. It is 
unclear what effect the private electronic media have on public 
opinion; however, an increase in the number of ``call-in'' and panel 
shows has contributed to greater public involvement in political 
affairs and a heightened awareness of important national problems.
    However, the Government continued to own and operate the media most 
influential in reaching the public. Until December 1997, it owned the 
only radio stations that transmitted locally. The Benin Office of Radio 
and Television (ORTB) transmits on the FM and AM bands and by short 
wave, in French and local languages. Radio France International (RFI) 
also transmits on a local FM band under an agreement with the 
Government. In June the British Broadcasting Corporation began French 
and English language broadcasting in Cotonou. Five rural radio stations 
governed by local committees broadcast several hours a day exclusively 
in local languages. These stations receive support from the ORTB. Radio 
is probably the most important information medium.
    A similar arrangement is in place for television transmissions: the 
ORTB broadcasts 5 hours per day on a signal that is easily received in 
urban areas. Approximately 80 percent of the ORTB's television 
programming is in French. TV5, a commercial venture with investments by 
television broadcasting organizations in France, Canada, Belgium, and 
Switzerland, broadcasts locally 24 hours per day entirely in French 
under an agreement with the Government. A new privately owned 
television station, LC-2, began broadcasting in Cotonou in 1997. LC-2 
is owned entirely by a local businessman and features light 
entertainment and news, although news coverage requires payment in many 
circumstances. Although neither television station broadcasts partisan 
programs in support of, or unduly critical of, the Government, the vast 
majority of news programming centers on government officials' 
activities, government-sponsored conferences, and international stories 
provided by French television or other foreign sources.
    The Government does not censor works by foreign journalists, 
authors, or artists.
    HAAC regulations govern satellite reception equipment and movie and 
video clubs. There is little enforcement of these regulations.
    In general academic freedom is respected. University professors are 
permitted to lecture freely, conduct research, and publish their work.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally respects 
this right in practice. The Government requires permits for use of 
public places for demonstrations and routinely grants such permits.
    The Constitution provides for freedom of association, and the 
Government generally respects this right in practice. The Government 
requires associations to register and routinely grants registrations. 
The Government did not take any actions against nonregistered 
organizations for failure or refusal to register.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice. Persons 
who wish to form a religious group must register with the Ministry of 
the Interior. Registration requirements are identical for all religious 
groups. There were no reports that any group has been refused 
permission to register or has been subjected to untoward delays or 
obstacles in the registration process. Religious groups are free from 
taxation.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respects them in practice. 
However, the presence of police, gendarmes, and illegal roadblocks 
impedes domestic movement. Although ostensibly meant to enforce 
automotive safety and customs regulations, many of these checkpoints 
serve as a means for officials to exact bribes from travelers. The 
Government maintained previously implemented measures to combat such 
petty corruption at roadblocks.
    The Government's policy toward transhumance allows migratory Fulani 
herdsmen from other countries to enter freely; it does not enforce 
designated entry points. Disputes have arisen between the herdsmen and 
local landowners over pasturage.
    The Government does not restrict international travel for political 
reasons, and those who travel abroad may return without hindrance.
    Historically, the Government has cooperated closely with the U.N. 
High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees, including those in need of first 
asylum. The Government provided first asylum to up to 200,000 citizens 
of Togo during the 1993 political violence in that country. While most 
have returned to Togo, the UNHCR estimates that some 1,300 remain. 
Despite severe economic pressures that limit its ability to provide 
education for its children, the Government has allowed these Togolese 
to enroll their children in local schools and to participate in some 
economic activities. During the year, the Government welcomed about 690 
at-risk refugees from the Democratic Republic of the Congo destined for 
eventual resettlement in another country.
    In contrast the UNHCR estimates that 250 Ogoni refugees from 
Nigeria, disadvantaged because they do not speak French, cannot work, 
nor can their children attend schools. UNHCR officials have warned them 
to remain within the confines of the refugee camp.
    In addition there are lesser numbers of other refugees from 
Nigeria, Algeria, Burundi, Cameroon, the Central African Republic, 
Chad, the Republic of Congo, the Democratic Republic of Congo, 
Ethiopia, Niger, Liberia, Rwanda, Sudan, and Sierra Leone.
    There were no reports of the forced expulsion of persons having a 
valid claim to refugee status.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully. Citizens exercised this right in legislative 
elections in 1991, 1995, and in presidential elections in 1991 and 
1996, all of which were considered free and fair. The Constitution 
provides for a 5-year term of office for the President (who is limited 
to two terms) and 4-year terms for National Assembly members (who may 
serve an unlimited number of terms).
    Women participate actively in the political parties but are 
underrepresented in government positions. Following a Cabinet reshuffle 
in June, there are 2 women in the 19-member Cabinet, 1 less than in the 
previous 18-member Cabinet. There are 5 female deputies in the 83-
member, unicameral National Assembly, including the leader of the 
largest opposition party. The previous legislature consisted of 82 
deputies with 6 female members. The President of the Constitutional 
Court and the Solicitor General are women.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups, both domestic and international, 
operate without government restriction, investigating and publishing 
their findings on human rights cases. Government officials are 
generally cooperative and responsive to their views.
    The Beninese branch of Amnesty International and other NGO's 
reported during the year without government interference of the alleged 
discovery of hundreds of bodies of victims of Togolese security forces 
washed up on Beninese beaches in 1998.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on race, sex, and 
religion, but societal discrimination against women continued.
    Women.--While no statistics are available, violence against women, 
including wife beating, occurred. The press sometimes reports incidents 
of abuse of women, but judges and police are reluctant to intervene in 
domestic disputes, considering such disputes a family matter.
    Although the Constitution provides for equality for women in the 
political, economic, and social spheres, women experience extensive 
societal discrimination, especially in rural areas where they occupy a 
subordinate role and are responsible for much of the hard labor on 
subsistence farms. In urban areas, women dominate the trading sector in 
the open-air markets. By law women have equal inheritance and property 
rights, but local custom in some areas prevents them from inheriting 
real property. Women do not enjoy the same educational opportunities as 
men, and female literacy is about 16 percent (compared with 32 percent 
for males). However, elementary school pass rates in recent years 
highlighted significant progress by girls in literacy and scholastic 
achievement.
    There are active women's rights groups that have been effective in 
drafting a family code that would improve the status of women and 
children under the law. The draft code has yet to be adopted by the 
National Assembly, although it has been on the legislature's agenda for 
more than a year and has been considered by parliamentary committees. 
Many observers believe that consideration of the draft was postponed 
because of provisions that would threaten male prerogatives, which is a 
highly volatile political issue. Action on the draft code is not 
anticipated until a new legislature convenes.
    Children.--The Ministry of Labor and Social Affairs is responsible 
for the protection of children's rights, primarily in the areas of 
education and health. In particular the Government is trying to boost 
primary school enrollment, which is only about 66 percent. In some 
parts of the country, girls receive no formal education.
    Some traditional practices inflict hardship and violence on 
children, including most prominently the custom of ``vidomegon,'' 
whereby poor, often rural, families place a child, primarily a 
daughter, in the home of a more wealthy family. In July the Ministry of 
Justice launched a nationwide publicity campaign to alert parents 
regarding the risks of placing their children in vidomegon and to 
inform adults with vidomegon children of their responsibilities and of 
the children's rights.
    There were no reports of any action in the case of the official 
detained for beating a 12-year-old maid to death in 1996.
    Other traditional practices include the killing of deformed babies, 
breech babies, and one of two newborn twins (all of whom are thought to 
be sorcerers in some rural areas). There is also a tradition in which a 
groom abducts and rapes his prospective child (under 14 years of age) 
bride. Criminal courts mete out stiff sentences to criminals convicted 
of crimes against children, but many such crimes never reach the 
courts.
    Trafficking in Beninese children for purposes of forced labor or 
prostitution in other countries remains a problem (see Sections 6.c. 
and 6.f.).
    The Government, in concert with NGO's, made serious efforts to 
combat child abuse and trafficking in children, including media 
campaigns, programs to assist street children, and greater border 
surveillance. Despite such efforts, the abuse of children is a serious 
human rights problem.
    The Government has been less successful in combating female genital 
mutilation (FGM), which is not illegal. FGM is widely condemned by 
international health experts as damaging to both physical and 
psychological health. FGM, or excision, is practiced on females ranging 
from infancy through 30 years of age. Studies vary widely and suggest 
that as few as 5 percent or as many as 50 percent of women are affected 
by this practice, mostly in the northern provinces. The actual 
incidence probably falls between these estimates. A prominent NGO, the 
Benin chapter of the Inter-African Committee, has made progress in 
raising awareness of the dangers of the practice; the Government has 
cooperated with its efforts. According to recent research, there is a 
strong profit motive in the continued practice of FGM by those who 
perform the procedure, usually older women. The Government, in 
cooperation with NGO's, held workshops during the year aimed at 
eradicating the practice. One NGO paid those who perform the procedure 
to abandon their profession.
    People with Disabilities.--Although the Constitution provides that 
the State look after people with disabilities, the Government does not 
mandate accessibility for them. It operated a number of social centers 
for disabled persons to assist their social integration. Nonetheless, 
many are unable to find employment and must resort to begging to 
support themselves.
    In 1998 a new labor code was promulgated that includes provisions 
to protect the rights of disabled workers.
    National/Racial/Ethnic Minorities.--There is a long history of 
regional rivalries. Although southerners are preeminent in the 
Government's senior ranks, many prominent military officers come from 
the north. The south has enjoyed more advanced economic development, a 
larger population, and has traditionally held favored status. In the 
1996 elections, a northerner was elected President.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides workers 
with the freedom to organize, join unions, meet, and strike, and the 
Government usually respects these rights in practice. A new Labor Code 
went into effect on January 8. The code was approved after long 
discussions between the Government, labor unions, and the National 
Assembly. The labor force of about 2 million is primarily engaged in 
subsistence agriculture and other primary sector activities, with less 
than 2 percent of the population engaged in the modern (wage) sector.
    Although approximately 75 percent of the wage earners belong to 
labor unions, a much smaller percentage of workers in the private 
sector are union members. There are several union confederations, and 
unions are generally independent of government and political parties. 
The Economic and Social Council, a constitutionally mandated body 
established in 1994, includes four union representatives.
    Although there were no serious strikes in the private sector during 
the year, public school teachers, principally in primary schools, held 
a series of strikes because of low wages, unpaid salary arrears, and 
poor working conditions. Labor unions continue to oppose the 
Government's merit-based promotion scheme. Unions also oppose a 1969 
decree (which is still in effect) permitting the Government to dock the 
wages of striking public sector employees.
    There were no known instances of efforts by the Government to 
retaliate against union activity. Laws prohibit employer retaliation 
against strikers, and the Government enforces them effectively.
    Unions may form freely or join federations or confederations and 
affiliate with international bodies.
    b. The Right to Organize and Bargain Collectively.--The Labor Code 
provides for collective bargaining, and workers freely exercised these 
rights. Wages in the private sector are set in negotiations between 
unions and employers.
    The new Labor Code permits unions to become affiliated with 
international organizations. It also includes a section on the rights 
of disabled workers. The Government sets wages in the public sector by 
law and regulation.
    The Labor Code prohibits employers from taking union membership or 
activity into account regarding hiring, work distribution, professional 
or vocational training, or dismissal. The Government levies substantial 
penalties against employers who refuse to rehire workers dismissed for 
lawful union activities.There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
prohibits forced or compulsory labor, and specifically prohibits forced 
and bonded labor by children; however, forced child labor and 
trafficking in children are problems (see Section 6.f.). Some 
financially desperate parents indenture their children to ``agents'' 
recruiting farm hands or domestic workers, often on the understanding 
that money paid to the children would be sent to the parents. According 
to press reports, in some cases unscrupulous individuals take the 
children to neighboring countries (see Section 6.f.). The Government 
has taken steps to educate parents and to prevent such kidnapings of 
children. Also, many rural children are sent to cities to live with 
relatives or family friends, often on the understanding that in return 
for performing domestic chores, they would receive an education. Host 
families do not always honor their part of the bargain, and abuse of 
child domestic servants occurs. The Government has taken some steps to 
curb abuses.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code prohibits the employment or apprenticeship 
of children under 14 years of age in any enterprise; however, child 
labor remains a problem. The Ministry of Labor enforces the Labor Code 
in only a limited manner (and then only in the modern sector), due to 
the lack of inspectors. To help support their families, children of 
both sexes--including those as young as 7 years old--continue to work 
on rural family farms, in small businesses, on construction sites in 
urban areas, in public markets, and as domestic servants. Children also 
commonly work as street vendors.
    The Government prohibits forced and bonded labor by children but is 
unable to enforce these prohibitions except in the modern sector (see 
Sections 6.c. and 6.f.).
    e. Acceptable Conditions of Work.--The Government administratively 
sets minimum wage scales for a number of occupations. In April 1997, 
the Government increased the minimum wage by 8 percent from $32.74 (CFA 
francs 20,300) per month to $35.36 (CFA francs 21,924). The decision 
was made in consultation with trade unions. However, this increase is 
not sufficient to cover the costs for food and housing even of a single 
worker. Many workers must supplement their wages by subsistence farming 
or informal sector trade. Most workers in the wage sector, however, 
earn more than the minimum wage, although many domestics and other 
laborers in the informal sector actually earn less.
    The Labor Code establishes a workweek of from 40 to 46 hours, 
depending on the type of work, and provides for at least one 24-hour 
rest period per week. Domestic and agricultural workers frequently work 
70 hours or more per week. The authorities generally enforce legal 
limits on workweeks in the modern sector. The code establishes health 
and safety standards, but the Ministry of Labor does not enforce them 
effectively. The code does not provide workers with the right to remove 
themselves from dangerous work situations without jeopardy to continued 
employment. The Ministry of Labor has the authority to require 
employers to remedy dangerous work conditions but does not do so 
effectively.
    f. Trafficking in Persons.--Article 15 of the Constitution provides 
for fundamental civil rights, and long-standing provisions of the 
criminal code prohibit kidnaping. Laws dating to 1905 but still in 
force prohibit trafficking in persons in general and in underage 
females in particular. Trafficking in children, which is always a 
problem, continued to be the subject of considerable media coverage. 
Most victims are abducted or leave home with traffickers who promise 
educational opportunities or other incentives. They are taken to places 
in foreign countries (according to the press, principally located in 
Nigeria, Cameroon, Cote d'Ivoire, and Gabon) and sold into servitude in 
agriculture, as domestics, or as prostitutes (see Section 6.c.).
    The media reported during the year that gendarmes and police 
intercepted a number of traffickers trying to smuggle children into and 
out of the country and arrested those responsible. The Justice Minister 
stated in 1998 that in 3 years a total of 1,363 children had been 
intercepted and returned to their parents. The Government worked with 
NGO's to combat trafficking in children, including media campaigns and 
greater border surveillance (see Section 5).
    The Minor Protection Brigade, under the jurisdiction of the 
Interior Ministry, combats crimes against children. The brigade 
intercepted a number of children during the year who smugglers were 
attempting to transport to other African countries for domestic or 
agricultural labor. According to press reports, in June authorities 
prevented the smuggling of 92 children across the border with Togo. 
Also in June, the authorities arrested 3 Beninese near Togo's border 
with Benin for attempting to smuggle 11 children between the ages of 6 
and 17. According to press reports, the children were destined for 
plantation labor in Cote d'Ivoire.
    In January 1998, gendarmes in Togo arrested three traffickers who 
were transporting 22 children from Tchaoudjo prefecture in Togo into 
Benin, from which they were to be taken to Nigeria. In March 1998, 
police arrested four traffickers of Beninese minors in Tohoun, Togo. 
These traffickers were taking 22 Beninese children to Cote d'Ivoire via 
Togo.
                                 ______
                                 

                                BOTSWANA

    Botswana is a longstanding, multiparty democracy. Constitutional 
power is shared between the President and a popularly elected National 
Assembly. The House of Chiefs, representing all of the country's major 
tribes and some smaller ones, has no legislative power but may offer 
its views to both the President and National Assembly on legislation. 
Festus Mogae, who, as Vice President, became President upon former 
president Sir Katumile Masire's resignation in 1998, continued to lead 
the Botswana Democratic Party (BDP), which has held a majority of seats 
in the National Assembly continuously since independence. In October 
elections generally regarded as largely free and fair, despite initial 
restrictions on opposition access to radio and press reports of ruling 
party campaign finance improprieties, the BDP increased its majority in 
the National Assembly and elected President Mogae to a second term. The 
Government respects the constitutional provisions for an independent 
judiciary.
    The civilian Government exercises effective control over the 
security forces. The military, the Botswana Defense Force (BDF), is 
responsible for external security, but in practice sometimes has 
performed internal security functions. The Botswana National Police 
(BNP) are responsible for internal security. Members of the security 
forces occasionally committed human rights abuses.
    The economy is market oriented with strong encouragement for 
private enterprise, and has achieved rapid sustained real per capita 
economic growth since independence. Per capita gross domestic product 
(GDP) rose during the year to just over $2,800 (13,049 Botswana pula), 
due largely to increased world demand for diamonds. Diamond exportation 
provided over two-thirds of the country's export income and much of the 
revenue of the Government, which owned half of a company engaged in the 
production of diamonds from existing mines. Per capita GDP increased 12 
percent from 1998, when diamond prices had been depressed by the Asian 
financial crisis. Nearly half the population is employed in the 
informal sector, largely subsistence farming and animal husbandry. 
Rural poverty remains a serious problem, as does a widely skewed income 
distribution.
    The Government generally respected the human rights of its 
citizens; however, problems continued in some areas. There were 
credible reports that the police sometimes beat or otherwise mistreated 
criminal suspects in order to obtain evidence or coerce confessions. 
The authorities took action in some cases against officials responsible 
for such abuses. Prison conditions were poor and there were credible 
reports of torture and deaths under suspicious circumstances. In many 
instances, the judicial system did not provide timely fair trials due 
to a serious backlog of cases. The Government began to relax its 
monopoly of domestic radio broadcasting but limited opposition access 
to state-owned radio broadcasts. At times the Government held newly 
arrived refugees from neighboring countries in local jails or special 
areas in prisons; however, the Government ceased to detain in prison 
persons to whom it refused asylum, and instead lodged them in a refugee 
camp. Women continued to face legal and societal discrimination, and 
violence against women remained a serious problem. Some citizens, 
including groups not numbered among the eight ``principal tribes'' of 
the Tswana nation, the majority ethnic group, still did not enjoy full 
access to social services and, in practice, remained marginalized in 
the political process. Trade unions continued to face some legal 
restrictions, and the Government did not always ensure that labor laws 
were observed in practice.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
confirmed reports of political or other extrajudicial killings.
    There were instances of suspicious deaths in prison (see Section 
1.c.).
    In September a high court judge acquitted five officers from the 
BDF military intelligence unit charged with murder in the 1996 
suffocation death of a burglary suspect in police custody.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution explicitly forbids torture, inhuman, and 
degrading treatment or punishment, and the authorities generally 
respect this prohibition in practice, although instances of abuse 
occur. In some cases, the authorities have taken disciplinary or 
judicial action against persons responsible for abuses. While coerced 
confessions are inadmissible in court, evidence gathered through 
coercion or abuse may be used in prosecution. There were credible 
reports that police sometimes beat persons and used intimidation 
techniques in order to obtain evidence or elicit confessions. In 
general, however, beatings and other forms of extreme physical abuse 
remained rare.
    Customary courts continued to impose corporal punishment sentences 
in the form of lashings on the buttocks. There were periodic press 
reports of floggings, particularly of young offenders in villages, 
imposed by customary courts for vandalism, theft, hooliganism, and 
other infractions. The Government has refused to adopt a motion 
submitted by the House of Chiefs to reinstate flogging across the back 
rather than the buttocks.
    Prison conditions were poor, and there were credible reports of 
torture and deaths under suspicious circumstances. A December 15 report 
by the Gaborone Prison Visiting Committee (GPVC) cited what it called 
``appalling'' conditions and the suspicious deaths in prison of two 
inmates. In the women's prison, Boitumelo Nthoiwa complained during a 
July visit by the GPVC of assault by prison officials, including kicks 
to her stomach. Prison officials cited pneumonia as the cause for 
Nthoiwa's death in October. Prison officials said that Andrew Molefe 
died in the first offender's prison after taking an illegal substance 
that had been smuggled into the prison by another inmate. With the 
country's high incidence of HIV/AIDS and tuberculosis, prison 
overcrowding constitutes a serious health threat. The 21 prisons across 
the country have a capacity of 3,198 but held 6,777 by year's end, 
according to press reports. The Commissioner of Prisons has ordered 
full investigations into the management and conditions of prisons 
covered in the GPVC report.
    The Government generally permits access to prisons for monitoring 
purposes by international and local nongovernmental organizations 
(NGO's) after a detailed inquiry procedure; however, the International 
Committee of the Red Cross (ICRC) did not visit prisons during the 
year.
    d. Arbitrary Arrest, Detention, or Exile.--Under the Constitution, 
``every person in Botswana'' is entitled to due process, the 
presumption of innocence, and freedom from arbitrary arrest; and the 
authorities respected these provisions in practice. Suspects must be 
informed of their legal rights upon arrest, including the right to 
remain silent, to be allowed to contact a person of their choice, and 
generally to be charged before a magistrate within 48 hours. A 
magistrate may order a suspect held for 14 days through a writ of 
detention, which may be renewed every 14 days. Most citizens charged 
with noncapital offenses are released on their own recognizance; some 
are released with minimal bail. Detention without bail is highly 
unusual, except in murder cases, where it is mandated. In August, a 
High Court judge ruled unconstitutional a 1998 law that denied bail for 
persons accused of rape.
    Detainees have the right to hire attorneys of their choice, but in 
practice most are unable to afford legal counsel. However, poor police 
training and poor communications in rural villages make it difficult 
for detainees to obtain legal assistance, and authorities do not always 
follow judicial safeguards. The Government does not provide counsel for 
the indigent, except in capital cases. One NGO, the Botswana Center for 
Human Rights, provides free legal services, but its capacity is 
limited. Another NGO, the University of Botswana Legal Assistance 
Center, provides free legal services in civil, but not criminal, 
matters. Constitutional protections are not applied to illegal 
immigrants, although the constitutionality of denying them due process 
has not been tested in court.
    Pretrial detention has been prolonged in a large number of cases. 
In Gaborone Central Prison, the average wait in prison before trial was 
one year.
    The Government sometimes held newly arrived refugees and asylum 
seekers in local jails until they could be interviewed by the Botswana 
Council for Refugees (BCR) or the U.N. High Commissioner for Refugees 
(UNHCR). However, the Government transferred persons granted refugee 
status to the Dukwe RefugeeCamp. Since the Government had no other 
internment facility for refugees, some refugees, including some who had 
left Dukwe without permission, were removed to a holding area, separate 
from criminal prisoners, within the prison at Mahalapye. At year's end, 
about 60 refugees from Namibia's Caprivi Strip who left the Dukwe Camp 
or were involved in disturbances there were being held in Mahalapye 
Prison. The BCR stated that this is a temporary measure, but the 
Government lacks a minimum security internment facility. Although the 
Government has planned for several years to build a long-term ``illegal 
immigrant internment center,'' its construction has been deferred and 
it now appears unlikely to open soon (see Section 2.d.).
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government respects this provision in 
practice.
    The judiciary consists of both a civil court (including 
magistrates' courts, a High Court, and a Court of Appeal) and a 
customary (traditional) court system.
    The law provides for the right to a fair trial. However, the civil 
courts remained unable to provide for timely, fair trials in many cases 
due to severe staffing shortages and a backlog of pending cases.
    Most trials in the regular courts are public, although trials under 
the National Security Act (NSA) may be held in secret. Those charged 
with noncapital crimes are tried without legal representation if they 
cannot afford an attorney. As a result, many defendants may not be 
informed of their rights in pretrial or trial proceedings. In October, 
a High Court judge declared a mistrial in the case of two Basarwa 
(Bushmen) men who had been convicted in 1995 of a murder that occurred 
the same year, and were awaiting execution. A human rights group 
claimed that the two did not understand the language used at the trial 
and that translations were poor. It also questioned whether the accused 
understood their rights or the charges against them, and noted that 
attempts by the men to change their court-appointed lawyers had been 
disregarded. Ruling that the two had been deprived of their 
constitutional rights, the judge ordered a new trial. A date had not 
yet been set for the new trial by year's end (see Section 5).
    Most citizens encounter the legal system through the customary 
courts, under the authority of a traditional leader. These courts 
handle minor offenses involving land, marital, and property disputes. 
In customary courts, the defendant does not have legal counsel and 
there are no precise rules of evidence. Tribal judges, appointed by the 
tribal leader or elected by the community, determine sentences, which 
may be appealed through the civil court system. The quality of 
decisions reached in the traditional courts varies considerably. In 
communities where chiefs and their decisions are respected, plaintiffs 
tend to take their cases to the customary court; otherwise, people seek 
justice in the civil courts.
    There were no reports of political prisoners.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, government 
authorities generally respect these prohibitions, and violations are 
subject to effective legal sanction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and the Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects this right in practice; however, the State has monopolized 
domestic radio broadcasting. During the year, the Government began to 
relax this monopoly by granting licenses to private radio stations. The 
Government limited the access of opposition political leaders to state-
owned radio, which continued to dominate domestic broadcasting; 
however, in the latter part of the election campaign all state-owned 
media provided balanced news coverage of the main political parties and 
candidates.
    The independent press is small but growing, and has a long 
tradition of vigorous, candid, and unimpeded discourse. It continued 
frequently to be critical of the Government and of the President. At 
year's end, four privately-owned weeklynewspapers were published in 
Gaborone and distributed to the country's main cities and towns. One 
privately owned weekly newspaper was published in Francistown, the 
country's second-largest city. Nine privately owned magazines were 
published monthly. These publications reported and editorialized 
without fear of closure or censorship. For example, the independent 
press reported on several corruption scandals involving irregular 
payments to senior government officials from companies holding 
government contracts and on the case of an assistant minister of 
finance serving on the board of directors of one of these companies.
    However, government officials sometimes complain of bias in the 
private press. For example, in June the Finance Minister, who was also 
chairman of the ruling party, publicly accused the private press of 
having ``a hidden political agenda'' after private newspapers reported 
a large anonymous contribution to the ruling party through a Swiss bank 
and traced it to a subsidiary of a globally dominant international 
diamond company.
    Government officials and other public figures have recourse to the 
courts if they believe that they have been libeled. However, libel is a 
civil law matter in the country; there are no criminal libel laws.
    Radio remained the most important medium of public communication; 
the circulation of privately owned print media continued to be limited 
mostly to the main cities and towns. The Government adopted a new 
broadcast law in 1998 after consultation with media representatives. 
The new law provides for issuance of broadcast licenses to private 
companies for the first time and provides copyright protection of 
broadcast material. It also created a National Broadcast Board, which 
would grant broadcast licenses. However, the National Broadcast Board 
is not yet functioning. The Botswana Telecommunications Authority (BTA) 
reviewed the initial applications for, and in May granted, the first of 
two radio licenses to private companies. The second was granted in 
September.
    Yarona FM and GABZ FM, the two new private radio stations, went on 
the air in June and November, respectively. Both broadcast only to the 
Gaborone metropolitan area; state-owned radio continued to be the only 
domestic radio service broadcasting outside the capital area. Both 
private radio stations have a news component to their programming with 
no discernible policy of supporting a particular political party.
    The only television station in the country is the privately owned 
Gaborone Broadcasting Company (GBC), which has operated since 1987, 
broadcasting mostly foreign-made programming. GBC broadcasts reach 
viewers only in the capital area.
    Independent radio and television from neighboring South Africa are 
received easily.
    Internet access is spreading quickly. The Government does not 
restrict e-mail or Internet usage. By year's end, five Internet service 
providers were competing for the domestic market, four of them private 
companies and one the commercial arm of the parastatal Botswana 
Telecommunications Corporation.
    The Government's Botswana Press Agency (BOPA) provides most of the 
information found in the media that are owned and operated by the 
Government, the free ``Daily News'' newspaper and Radio Botswana, which 
broadcasts to almost all of the country. The news coverage of both 
these state-owned media focuses on the activities of government 
officials and supports government policies and actions
    During the election campaign, opposition candidates initially had 
limited access to state-owned media, including state-owned radio, which 
was the only domestic radio service and the sole domestic source of 
news for most of the rural population. During the first part of the 
campaign season, the state-owned media gave opposition candidates less 
news coverage than ruling party candidates. When opposition politicians 
complained about this, the Government initially countered that the 
activities of ministers and other government figures were inherently 
more newsworthy and therefore deserving of more coverage. However, the 
Government subsequently changed its policy, and during the latter part 
of the election campaign season the state-owned media gave balanced 
news coverage to the main opposition parties and included stories about 
the smaller political parties as well. Opposition leaders expressed the 
view that government media practices seriously disadvantaged opposition 
parties relative to the ruling party during the election campaign.
    On occasion the Government has taken steps, under loosely defined 
provisions of the National Security Act, to limit publication of 
information that in its view impinged on national security; however, 
there were no such incidents during the year.
    Academic freedom is not restricted.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for these rights, and the Government respects them in 
practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice. 
The Constitution provides for the suspension of religious freedom in 
the interests of national defense, public safety, public order, public 
morality, or public health. However, any suspension of religious 
freedom by the Government must be deemed ``reasonably justifiable in a 
democratic society.''
    All religious organizations must register with the Government. To 
register a group submits its constitution to the Ministry of Home 
Affairs. After a generally simple bureaucratic process, the 
organization is registered. There are no legal benefits for registered 
organizations. Unregistered groups are potentially liable to penalties 
including fines up to $220 (1,000 Pula), up to 7 years in jail, or 
both. Except for the case of the Unification Church, there is no 
indication that any religious organization has ever been denied 
registration.
    The Unification Church was denied registration (but not suspended) 
in 1984 by the Ministry of Home Affairs on the public order grounds 
stipulated in the Constitution. The Government also perceived the 
Unification Church as anti-Semitic and denied registration because of 
another constitutional provision, which protects the rights and 
freedoms of individuals to practice their religion without 
intervention. In the intervening 15 years, although it has petitioned 
unsuccessfully the offices of the President and Vice President, the 
Unification Church has made no move to challenge the Ministry's 
decision in the courts.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice. There are no 
formal barriers to domestic and international travel or emigration.
    Some human rights organizations continued to assert, going back as 
far as 1995, that the Government has pressured several Basarwa 
(Bushmen) communities within the Central Kalahari Game Reserve (CKGR) 
into relocating to partially built settlements outside of the Reserve. 
Government officials maintained that the ``voluntary'' resettlement was 
necessary in order to provide the Basarwa with better public services 
and to avoid conflicts between wildlife and humans within the CKGR. 
When the Basarwa arrived at the new settlements, services and 
facilities were substandard or nonexistent. Although conditions later 
improved, they remain very basic. The Government permits relocated 
Basarwa to return to the CKGR, but does not provide services within the 
reserve.
    The law provides for the granting of asylum and refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government cooperates with the 
UNHCR and other humanitarian organizations in assisting refugees. The 
Government has maintained a policy of considering resettlement requests 
only from refugees from bordering countries. However, the Government 
has permitted failed asylum seekers to remain in the country, although 
they must stay at the Dukwe Refugee Camp. Although the Government 
sometimes held newly arrived refugees and asylum seekers in local jails 
until they could be interviewed by BCR or UNHCR officials, it 
transferred persons granted refugee status to the Dukwe Refugee Camp, 
pending resettlement or voluntary repatriation. Some problematic 
refugees were removed to a separate holding area at Mahalapye Prison 
(see Section 1.d.).
    There were no confirmed reports of the forced return of persons to 
a country where they feared persecution.
    More than 2,500 refugees from the Caprivi Strip in neighboring 
Namibia have fled to the country since late 1998. Many were armed and 
linked to the armed, ethnically based opposition groups based in the 
Caprivi Strip of Namibia. Male refugeeslinked to such groups requested 
asylum based on their claim that they were being forced into the 
Namibian army to fight in the Democratic Republic of the Congo. The 
Government provided first asylum to all these persons. In February the 
Government granted asylum to Meshake Muyongo, the former leader of the 
armed United Democratic Party (UDF) Namibian opposition group, and 14 
others who entered the country in 1998. In consultation with the UNHCR, 
the Government began negotiations with the Government of Namibia to 
facilitate the return of Nambian refugees. To date, 1,375 persons have 
returned voluntarily to Namibia. The UNHCR resettled 3 of Muyongo's 
group of 15 DTA leaders and their families, who feared for their safety 
in Namibia, in other countries. Of the other 12 refugees from this 
group, 8 remain in the country awaiting adjudication of their 
resettlement applications, and the Government revoked the refugee 
status of 4 who left of the country in violation of their status. The 
four refugees were detained in Wambu, Zambia in mid-June and deported 
along with two others to Namibia in early August. The Government has 
stated that refugees who refuse offers of resettlement in other 
countries would face the loss of their refugee status and imprisonment.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic, generally free and fair elections held on the basis 
of universal adult (18 years of age) suffrage. The President is elected 
by the National Assembly and is limited to two 5-year terms in office. 
Members of the BDP have held a majority of seats in the National 
Assembly, and as a result also the presidency, continuously since 
independence.
    Elections for the National Assembly were held in October and 
generally were regarded as largely free and fair by domestic and 
international observers, despite preferential access for BDP candidates 
during much of the campaign to state-owned media including state-owned 
radio, the sole domestic source of news for most of the rural 
population, and despite press reports of large anonymous campaign 
contributions to the ruling party, purportedly by international diamond 
interests (see Section 2.a). The BDP increased its majority in the 
National Assembly from 31 to 37 of 44 seats, thereby ensuring the 
election of its presidential candidate, incumbent President Mogae. In 
1998 Mogae, then Vice President, had succeeded Sir Ketumile Masire as 
President upon the latter's resignation. Of the 7 seats won by 
opposition parties in October, the Botswana National Front (BNF) won 6 
and the Botswana Congress Party (BCP) won 1 seat.
    The National Assembly did not pass legislation, proposed in 1998, 
that would have required National Assembly members who change parties 
to stand for reelection in a by-election.
    The ruling party and opposition parties selected their candidates 
in the year's National Assembly and district councilor elections 
through primary elections. In the case of the ruling party, a 
representative number of party activists in each ward voted for the 
candidates of their choice. Both ruling and opposition party primary 
elections were followed by scattered claims of vote-rigging and court 
challenges of the results, all of which were upheld.
    The House of Chiefs, an advisory body with limited powers, is 
restricted constitutionally to the eight ``principal tribes'' of the 
majority Tswana ethnic group and four elected chiefs representing 
smaller tribes, including the Bakalanga, Lozi, Humbukush, and 
Bakgalagadi. Consequently, other groups, for example, the Basarwa, 
Herero, Baloi, or Bayei are not represented there. Given the limited 
authority of the House of Chiefs, the impact of excluding other groups 
of citizens is largely symbolic, but some non-Tswana view it as 
important in principle (see Section 5). Members of the National 
Assembly are required to speak English.
    The State is highly centralized. There are 406 district governments 
with elected councilors, but they have no fiscal autonomy and must rely 
on the central Government for revenue.
    In practice women are underrepresented in the political process. 
However, the 1999 elections doubled the number of women serving in the 
National Assembly, from 4 to 8 of 44 members. The number of women 
serving in the cabinet also increased from 3 to 4 of 17 members. Of the 
13 High Court justices, 1 was a woman.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights groups operate without 
government restriction, investigating and publishing their findings on 
human rights cases. Ditshwanelo, the Botswana Center for Human Rights, 
actively promotes human rights and investigated alleged abuses. The 
Metlhaetsile Women's Information Center, Emang Basadi, and Women 
Against Rape are active on issues concerning women's rights, 
particularly rape and domestic violence. Government officials are 
generally cooperative and responsive to these groups. The Government 
does not have a human rights office.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution forbids State discrimination on the basis of 
ethnicity, race, nationality, creed, sex, or social status. These 
provisions are implemented in practice by government authorities. 
However, neither the Constitution nor any known law prohibits 
discrimination by private persons or entities.
    Women.--Violence against women remains a serious problem. Domestic 
abuse is one area of concern. Under customary law and in common rural 
practice, men have the right to ``chastise'' their wives. Police rarely 
are called to intervene in cases of domestic violence. Reports of 
sexual exploitation, abuse, and criminal sexual assault are increasing, 
and public awareness of the problem generally is growing. The national 
police force has begun training officers in handling domestic violence 
problems to make them more responsive in such cases. Rape is another 
grave national problem, and the Government acknowledged in April that, 
given the high incidence of HIV/AIDS, sexual assault has become an even 
more serious offense. In 1998 Parliament enacted legislation that 
increased all penalties for rape, incest, and other forms of sexual 
assault by imposing minimum sentencing requirements where none existed 
previously. The minimum sentence for rape is now 10 years, with the 
minimum increasing to 15 years with corporal punishment if the offender 
is HIV positive and to 20 years with corporal punishment if the 
offender knew of his or her HIV status. In August a High Court ruled 
unconstitutional a provision in the new law that allowed the detention 
of rape suspects without bail.
    However, although the Government has become far tougher in dealing 
with criminal sexual assault, societal attitudes toward other forms of 
domestic violence remain lax. Half the murders of women were linked to 
histories of domestic violence. Human rights activists estimate that 6 
women in 10 are victims of domestic violence at some time in their 
lives. In June a judge gave a reduced sentence of 5 years to a woman 
who was convicted of murdering her husband but who claimed in her 
defense to be a victim of battered spouse syndrome.
    Sexual exploitation and harassment continue to be problems as well, 
with men in positions of authority, including teachers, supervisors, 
and older male relatives, pressuring women to provide sexual favors. 
Greater public awareness and improved legal protection have led more 
victims of domestic violence and sexual assault to report incidents to 
the authorities.
    Women legally enjoy the same civil rights as men; however, in 
practice discrimination persists. A number of traditional laws enforced 
by tribal structures and customary courts restrict women's property 
rights and economic opportunities. A woman married under traditional 
law or in ``common property'' is held to be a legal minor, requiring 
her husband's consent to buy or sell property, apply for credit, and 
enter into legally binding contracts. Under a law enacted in 1996, 
women married under an intermediate system, referred to as ``in 
community of property,'' are permitted to own immovable property in 
their own names; however, their husbands still retain considerable 
control over jointly-held assets of the marriage. The law was a step 
toward equalizing a husband's and a wife's legal control over property 
held in community of property. Moreover, the 1998 Deeds Registry Act 
stipulates that neither spouse can dispose of joint property without 
the written consent of the other party.
    Women have, and increasingly are exercising, the right to marriage 
``out of common property,'' in which case they retain their full legal 
rights as adults. Polygyny is still legal under traditional law with 
the consent of the first wife, but it rarely is practiced. In September 
1998, consultants submittedto the Labor Ministry a report identifying 
provisions of existing law that potentially discriminate against women.
    Well-trained urban women enjoy growing entry level access to the 
white-collar job market, but the number of opportunities decreases 
sharply as they rise in seniority. Discrimination against women is most 
acute in rural areas where women engaged primarily in subsistence 
agriculture have weak property rights.
    The Government and interested NGO's meet regularly to implement the 
long-term plan of action described in the National Policy on Women 
adopted in 1996. The plan identifies 6 critical areas of concern, 
prioritized as follows: (1) women and poverty, (2) women and 
powersharing and decisionmaking, (3) education and training of women, 
(4) women and health, (5) the girl child, and (6) violence against 
women. The Women's Affairs Department of the Ministry of Labor and Home 
Affairs, in conjunction with the United Nations Development Program, is 
implementing a ``market plan'' to ensure that the gender program and 
overall policy on women are incorporated into policymaking, budgeting, 
and planning decisions.
    A number of women's organizations have emerged to promote the 
status of women. The Government has entered into a dialog with many of 
these groups. While some women's rights groups reportedly felt that the 
Government has been slow to respond concretely to their concerns, 
women's NGO's state that they are encouraged by the direction of change 
and by the increasingly collaborative relationship with government 
authorities. Major women's NGO's include the Emang Basadi Women's 
Association, which promotes the social, economic and legal status of 
women; the Metlhaetsile Women's Information Centre, which provides 
legal assistance to poor women; and the Botswana Council of Women.
    Children.--The Government provides 7 years of free primary 
education for children, although attendance is not compulsory. Recent 
government estimates of the proportion of children who never attend 
school have ranged from 10 to 17 percent, and fewer than 20 percent of 
children complete secondary school; school attendance and completion 
rates are highest in urban areas, and lowest in remote rural areas, 
especially those inhabited chiefly by Basarwa (San or Bushmen). The 
national literacy rate is 69 percent: 70 percent for females and 67 
percent for males. However, in some cases, girls are denied schooling 
because of religious or customary beliefs. The Government continued to 
allocate the largest portion of its operating expenditures to the 
Ministry of Education, and the second-largest portion to the Ministry 
of Local Government, Lands, and Housing, which administered primary 
education. It also continued to allocate a large part of its investment 
expenditures to construct primary and secondary schools, so that 
children have ready access to education.
    It was estimated during the year that HIV/AIDS infected about 29 
percent of adults between the ages of 15 and 49, and that, largely for 
this reason, there were 26,000 registered orphans in the country; 
UNICEF estimated that there were another 40,000 unregistered orphans. 
Increasing numbers of children, mostly believed to be orphans, were 
observed begging or engaging in prostitution in urban areas.
    The rights of children are addressed in the Constitution and the 
1981 Children's Act. Under the act Botswana has a court system and 
social service apparatus designed solely for juveniles. The Government 
launched a 10-year program of action for children in 1997, 
incorporating the seven major global goals identified at the 1990 U.N. 
World Summit for Children. In 1996 the Ministry of Labor and Home 
Affairs transferred responsibility for children to the Social Welfare 
Department in the Ministry of Local Government, Lands and Housing. Laws 
pertaining to children continued to be under review to align them with 
the UN Convention on the Rights of the Child. The Adoption Act also 
continued to be reviewed to ensure that adopted children are provided 
for and not exploited as cheap labor.
    There is no societal pattern of abuse against children, although 
incest and other forms of child abuse have received increased attention 
from the media and from local human rights groups.
    The problem of sexual harassment of students by teachers is a 
national concern. Reports of rape and sexual assault of young women, 
particularly those doing their national service in remote regions of 
the nation are common, and cases of incest and ``defilement'' of young 
girls appear with greater frequency in the news.
    People with Disabilities.--The Government does not discriminate on 
the basis of physical or mental disability, although employment 
opportunities for the disabled remain limited. The Government does not 
require accessibility to public buildings and public conveyances for 
people with disabilities, and the NGO community only recently has begun 
to address the needs of the disabled. In 1997 Parliament adopted a 
national policy that provides for integrating the needs of disabled 
persons into all aspects of government policymaking. The Government 
funded NGO's that provide rehabilitation services and supported small-
scale work projects by disabled workers.
    Indigenous People.--The Basarwa (also known as San), who now 
inhabit chiefly the Kalihari Desert, are the earliest known inhabitants 
of the country, and were the only inhabitants until Bantu groups 
arrived during the 16th century. They are physically, linguistically, 
and culturally distinct from the rest of the population. They remain 
economically and politically marginalized; they have lost access to 
their traditional land in fertile regions of the country and are 
vulnerable to exploitation by their non-Basarwa neighbors. Their 
isolation, ignorance of civil rights, and lack of political 
representation have stymied their progress. The estimated 52-55,000 
Basarwa people represent about 3 percent of the country's total 
population. Although the Baswara traditionally were hunter-gatherers, 
most Basarwa now are employed as agricultural workers on farms or at 
cattle posts belonging to other ethnic groups. The formation of the 
20,000 square mile Central Kalahari Game Reserve (CKGR) by the colonial 
government in 1961 on traditional Basarwa lands set the stage for 
conflict between the Basarwa's pursuit of their traditional way of life 
and wildlife conservation. The Government in the past followed a policy 
of prohibiting human habitation in the CKGR with the goal of wildlife 
preservation, but has made accommodation for the estimated 1-3,000 
Basarwa who still pursue hunting and gathering there. The Government 
has provided very limited social services within the CKGR, and has 
encouraged those living there to leave the reserve for permanent 
settlements; there were some reports that the Government sometimes 
forced Baswara to leave the reserve. However, the Government has made 
little real progress since international attention in 1996 focused on 
the intractable problem of resettling Basarwa living in the CKGR. Both 
the Basarwa and the Government are seeking out concerned NGO's to 
assist with the resettlement process and to address the larger issue of 
improving the Basarwa's standard of living without sacrificing what 
remains of their traditional way of life.
    National/Racial/Ethnic Minorities.--Well over half of the country's 
1.4 million inhabitants belong to the Tswana ethnic group, of which the 
Constitution recognizes eight principal tribes, and which has a 
tradition of peacefully coexisting with non-Tswana groups. Some non-
Tswana ethnic groups are more numerous than the Tswana in some rural 
areas of the country: the Kalanga and Lozi in areas of the north; the 
Bayei and Herero in the Okavango Delta region; and the Baswara in the 
arid west. There are also communities of persons of Asian and European 
descent.
    Each of the eight principal Tswana tribes is represented in the 
advisory House of Chiefs; large non-Tswana ethnic groups are not 
represented in the House (see Section 3). However, apart from the lack 
of schooling in their own languages and their lack of representation in 
the House of Chiefs, Botswana's non-Tswana communities are not subject 
to discrimination by the State. Societal discrimination also is 
limited. Intermarriage between Tswana and non-Tswana ethnic groups is 
common. Urban neighborhoods are not ethnically segregated. There 
generally is little correlation between income and ethnicity among 
persons of African descent, although many persons of Asian and European 
descent are prominent in the commercial sector.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of association. In practice all workers, with the exception of 
government employees, are free to join or organize unions of their own 
choosing. Government workers including teachers may form associations 
that function as quasi-unions but without the right to negotiate wages. 
The industrial or wage economy is small, and unions are concentrated 
largely in mineral extraction and to a lesser extent in the railway and 
banking sectors. There isonly one major confederation, the Botswana 
Federation of Trade Unions (BFTU), but there are no obstacles to the 
formation of other labor federations.
    Unions are independent of the Government and are not closely allied 
with any political party or movement. Unions may employ full-time 
administrative staff, but the law requires elected union officials to 
work full time in the industry that the union represents. This rule 
severely limits union leaders' professionalism and effectiveness, and 
has been criticized by the International Confederation of Free Trade 
Unions (ICFTU).
    The law also severely restricts the right to strike. Legal strikes 
are theoretically possible after an exhaustive arbitration process, but 
in practice none of the country's strikes has been legal. Sympathy 
strikes are prohibited.
    Unions may join international organizations, and the BFTU is 
affiliated with the ICFTU. The Minister of Labor must approve any 
affiliation with an outside labor movement, but unions may appeal to 
the courts if an application for affiliation is refused.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for collective bargaining for unions that have 
enrolled 25 percent of a labor force. In reality only the mineworker 
unions have the organizational strength to engage in collective 
bargaining. Elected labor union officials are required by law to work 
full time in whatever industry they represent; consequently, there are 
no full-time elected labor leaders in the country. However, unions may 
employ full-time staff.
    Workers may not be fired for union-related activities. Dismissals 
may be appealed to labor officers or civil courts, but labor offices 
rarely do more than order 2 months' severance pay. In May the privately 
owned First National Bank of Botswana fired a clerk whom it accused of 
leaking to the private press information about a large and possibly 
illegal contribution to the ruling party by a subsidiary of an 
international diamond company.
    Botswana has only one export processing zone, located in the town 
of Selebi-Phikwe, and it is subject to the same labor laws as the rest 
of the country.
    c. Prohibition of Forced or Compulsory Labor.--The constitutional 
provision prohibiting forced or bonded labor applies to all citizens, 
although its application to children is not specified. There were no 
reports of forced or bonded labor.
    d. Status of Child Labor Practices and Minimum Age for Employment 
of Children.--Although education is not compulsory, the Government 
provides 7 years of free primary education to every child, and most 
children take advantage of this opportunity. Only an immediate family 
member may employ a child age 13 or younger, and no juvenile under age 
15 may be employed in any industry. Only persons over age 16 may be 
hired to perform night work, and no person under age 16 is allowed to 
perform hazardous labor, including mining. District and municipal 
councils have child welfare divisions, which are responsible for 
enforcing child labor laws. The constitutional provision prohibiting 
forced or bonded labor applies to all citizens, although its 
application to children is not specified (see Section 6.c.). Because 
research on the issue of child labor is limited, it is difficult to 
state whether child labor laws are enforced effectively. However, there 
is general agreement among the Labor Commissioner, officials of the 
Ministry of Local Government, Lands, and Housing, and UNICEF that the 
child labor problem is limited to young children in remote areas who 
work as cattle tenders, maids, or babysitters.
    e. Acceptable Conditions of Work.--The minimum daily wage for most 
full time labor in the private sector rose to $3.70 (17 pula), which 
remained less than 50 percent of what the Government calculates is 
necessary to meet the basic needs of a family of five. The Ministry of 
Labor is responsible for enforcing the minimum wage, and each of the 
country's districts has at least one labor inspector. During the year, 
the Ministry of Labor received over 9,000 labor disputes and referred a 
small but undisclosed number of them to the Industrial Court for its 
review.
    Formal sector jobs almost always pay well above minimum wage 
levels. Informal sector employment, particularly in the agricultural 
and domestic service sectors, where housing and food are included, 
frequently pay below the minimum wage. There is no mandatory minimum 
wage for domestic workers, and the Ministry of Labor no longer 
recommends a minimum wage for them. Illegal immigrants from poorer 
neighboring countries, primarily Zambians and Zimbabweans, are 
exploited easily, as they would be subject to deportation if they filed 
grievances against their employers.
    The law permits a maximum 48-hour workweek, exclusive of overtime, 
which is payable at time and a half for each additional hour. Most 
modern private and public sector jobs are on the 40-hour workweek.
    The law provides that workers who complain about hazardous 
conditions may not be fired. However, the Government's institutional 
ability to enforce its workplace safety legislation remains limited by 
inadequate staffing and unclear jurisdictions between different 
ministries. Nevertheless, employers generally provide for worker 
safety, with the occasionally notable exception of the construction 
industry.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons. There were no reports that persons were trafficked in, to, 
or from the country.
                                 ______
                                 

                              BURKINA FASO

    President Blaise Compaore continued to dominate the Government of 
the Fourth Republic, assisted by members of his party, the Congress for 
Democracy and Progress (CDP), despite increasing challenges from a 
number of fronts within society. In spite of the existence of dozens of 
political parties, there is little viable opposition to the President 
and his Government. The Government includes a strong presidency, a 
Prime Minister, a Council of Ministers presided over by the President, 
a two-chamber National Assembly, and the judiciary. In November 1998, 
President Compaore was reelected to a second 7-year term with 88 
percent of the vote; 56 percent of the electorate voted. Both national 
and international observers described the presidential election as 
substantially free and fair and an improvement over the 1997 
legislative elections, particularly in regard to logistical 
organization of the balloting and the functioning of the polling 
stations. However, there were a limited number of voting 
irregularities. The national observers identified a number of systemic 
weaknesses in the Electoral Code that precluded the serious assurance 
of a perfectly regular and transparent vote, and a coalition 
representing a number of opposition parties boycotted the election. The 
CDP now controls 102 of 111 seats in Parliament. International 
observers considered the 1997 legislative elections to be substantially 
free and fair, although a collective of 14 local nongovernmental 
organizations (NGO's) cited generalized and systematic corruption and 
voter list irregularities.
    The security apparatus consists of the armed forces, the 
gendarmerie, controlled by the Ministry of Defense, and the police, 
controlled by the Ministry of Territorial Administration. Some members 
of the security forces committed human rights abuses.
    Over 80 percent of the population of almost 11 million persons 
engages in subsistence agriculture. Frequent drought, and limited 
communication and transportation infrastructures, in addition to a 77 
percent illiteracy rate, are longstanding problems. The 50 percent 
devaluation of the CFA franc in 1994 made imports more expensive for 
salaried workers and civil servants, but improved the competitiveness 
of livestock and cotton exports. Since 1991 the Government has adopted 
a series of structural adjustment programs designed to open the economy 
to market forces and to reduce government deficits, while shifting 
resources to the education and health sectors. In recent years, the 
country has registered strong gains in lifeexpectancy, literacy, and 
school attendance rates, although it remains a very poor country with 
annual per capita income of about $220.
    There continued to be serious problems in the Government's human 
rights record. Although the Government continued attempts to improve 
its respect for human rights, a general climate of impunity for members 
of the security forces along with a lack of progress in identifying or 
punishing those responsible for abuses committed continued to tarnish 
its record. The continued dominance of President Compaore and his 
ruling party limited citizens' right to change their government, 
although the 1998 presidential election represented a further step 
toward democratic government. The security forces were responsible for 
two extrajudicial killings and continued to mistreat detainees. Prison 
conditions remained harsh. Arbitrary arrest and detention are problems, 
and authorities do not ensure detainees due process. Courts are subject 
to executive influence, and authorities do not ensure fair trials. At 
times authorities restricted media activity, and the media practices 
self-censorship. The death of internationally respected journalist 
Norbert Zongo, his brother, and two other men in a suspicious car fire 
in December 1998 remained a focus of public concern during the year. 
The Government's reaction to public demonstrations and general strikes 
triggered by those deaths was, on balance, moderate and 
nonconfrontational. The Government succeeded in reducing tensions 
somewhat during the year by displaying an increased openness to dialog, 
including with opposition leaders, and by making concessions on 
occasion to civil society, including to the Collective of Mass 
Democratic Organizations and Political Parties. (The Collective, which 
was created in response to the killings is made up of 57 organizations, 
including labor unions, opposition political parties, human rights 
groups, and development, student, and women associations.) However, the 
Government withdrew certain privileges from a leading human rights 
advocate. Societal discrimination against women persisted. Violence 
against women and children, particularly female genital mutilation 
(FGM), remained a problem. The Government took steps to educate 
citizens about the dangers of this practice. Child labor is a problem. 
Killings of criminal suspects by vigilante mobs remained a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings; however, there were two reports of 
extrajudicial killings. On January 22, Auguste Pepin Ouedraogo, an 
employee of the national electric company SONABEL, died from injuries 
he had suffered a couple of weeks earlier in a beating by gendarmes in 
Bobo-Dioulasso. The gendarmes detained Ouedraogo on January 11, 3 days 
after he had tried to help resolve an argument involving a traffic 
dispute between one of his friends and a gendarme commander. In 
response to news of Ouedraogo's death, unions representing SONABEL 
workers shut off both power and water throughout much of the country on 
January 22. Defense Minister Albert de Millogo, called for public calm 
and announced on the same day that the gendarmes involved had been 
arrested. On June 22, SONABEL workers again cut power and water to 
pressure authorities to move the gendarmes implicated in the killing 
from a gendarme facility to the main civilian prison in Ouagadougou. 
They were subsequently moved. As of September, Ouedraogo's murder was 
still under investigation in the military justice system. On December 
11, the criminal court handling Ouedraogo's case rendered its decision. 
One of the gendarmes involved received a 5-year prison sentence one a 
3-year sentence, and three 2-year sentences each.
    In August gendarmes shot and killed mechanic Mamadou Kone when he 
was in their custody in Banfora, a village in the province of Comoe. 
Kone had been arrested as a result of an investigation involving stolen 
car engines. As he was being booked, Kone struck at two gendarmes in an 
attempt to escape and was then shot by a third gendarme. The officer 
who shot Kone was handed over shortly thereafter to judicial 
authorities in Bobo-Dioulasso. As of year's end, the case was being 
investigated in the military justice system, and the officer who shot 
Kone remained under detention.
    The January 1998 extrajudicial killing of David Ouedraogo, the 
chauffeur of President Compaore's brother Francois, remained 
unresolved. Ouedraogo, along with two other domestic employees of 
Francois Compaore, had been taken to the Presidential Guard barracks in 
December 1997 after being accused of stealing money from the home of 
the President's brother. Francois Compaore'srefusal to cooperate with 
judicial authorities impeded the official investigation, and he was 
never arrested. In March the civil court handling the case declared 
itself incompetent to rule on the matter since Ouedraogo had died at 
the hands of members of the Presidential Guard within their barracks. 
As a result, the case was sent to a military tribunal. The civil court 
decision was prompted by arguments put forth by Francois Compaore's 
lawyer that the charges of murder and concealing a body filed against 
the President's brother in January should be dropped because of 
technical errors made in the filing of the case. The civil court agreed 
that there had been errors.
    In June authorities arrested 3 members of the Presidential Guard 
who were implicated in Ouedraogo's murder in response to a 
recommendation made by the Council of Wisemen, a 16-member Council made 
up of former heads of state, religious and traditional leaders, and 
otherwise respected persons. The three men arrested also had been named 
as ``serious suspects'' in the Independent Investigatory Commission's 
final report on the Zongo killing.
    In June the two domestic employees of Francois Compaore who had 
been accused, along with David Ouedraogo, of stealing money from the 
home of the President's brother were released provisionally after 
spending over a year in preventive detention. Their release was 
prompted by a recommendation made by the Wisemen's Council.
    In January in response to pressure from the Collective of Mass 
Democratic Organizations and Political Parties, the Government agreed 
to modify the composition of the Independent Investigatory Commission 
looking into the deaths of journalist Norbert Zongo, his brother, and 
two other men in a suspicious car fire in December 1998. In May the 
Commission released its final report. The report, which was based in 
part upon evidence obtained by a pathologist, a forensic doctor, and 
French ballistic and fire experts, determined that the four men had 
died for ``purely political motives.'' The report did not identify the 
authors of the crime because of a lack of formal proof but named six 
members of the Presidential Guard who had offered contradictory 
testimony about their whereabouts on the day of the murders. The 
Commission stated that this did not render them guilty but did make 
them ``serious suspects.'' The six included two soldiers, one corporal, 
two sergeants, and one warrant officer. The Commission noted that the 
official documents from the Presidential Guard and the army that might 
have clarified the issue of their whereabouts could not be found and 
probably had been destroyed intentionally.
    After discrediting other hypotheses, the Commission argued that the 
most probable motive for Zongo's murder was to put an end to the 
articles that he had been writing on the January 1998 killing of David 
Ouedraogo, the chauffeur of President Compaore's younger brother 
Francois, allegedly by members of the Presidential Guard. The 
Independent Investigatory Commission's final report recommended that 
the Government pursue the results of the Commission's work in court; 
that the separation of functions between the police and the military be 
enforced; that the Presidential Guard limit its duties to the 
protection of the Chief of State; that unresolved cases of 
disappearances and killings in the recent past be settled; and that the 
National Assembly pass a law to eliminate any time limit for resolving 
the Zongo case. As of year's end, the courts were continuing work on 
the Zongo case, and the separation of functions between the police and 
military was being enforced. However, the presidential guard had not 
officially limited its duties to protecting the President, no 
unresolved cases of disappearances and killings in the recent past had 
been settled, and the National Assembly had not passed a law to 
eliminate any time limit for resolving the Zongo case.
    In May the Council of Ministers ruled in extraordinary session to 
send the Zongo case to the Justice Ministry for further action. It also 
decided that the six suspects could not be arrested at that time since 
the Independent Investigatory Commission had not established their 
guilt firmly. As of year's end, five of the six were in detention but 
only because they also had been implicated in the killing of David 
Ouedraogo, the chauffeur of President Compaore's brother Francois, who 
had died in January 1998 while in the custody of members of the 
Presidential Guard.
    On May 21, in a rare address to the nation, President Compaore 
announced actions to carry out the recommendations made by the 
Independent Investigatory Commission. He ordered that the judge 
handling the Zongo case be given all the necessary material and 
financial means to pursue it; that the Defense Minister accelerate the 
military tribunal's investigation of the Presidential Guard members 
implicated in the death of David Ouedraogo; that the Defense Minister 
proceed immediately with reorganization of the Presidential Guard; that 
all demonstrators arrested for acts of vandalism and violence over the 
preceding weeks be released, except for those involved in suits 
thatalready had been filed by individual citizens; and that a Council 
of Wisemen be set up and given 45 days to review the political crimes 
that have taken place since Burkina's independence, and to make 
recommendations for restoring social peace in the wake of the Zongo 
killings. As of year's end, five of the six presidential guard members 
implicated in the death of David Ouedraogo were in detention, and all 
demonstrators arrested for acts of vandalism and violence were 
released. The Presidential Guard had not been reorganized.
    On August 2, the Council of Wisemen issued its final report, which 
recommended reform of the judicial system; creation of an ad hoc 
consensual commission to review certain articles of the Constitution, 
particularly Article 37, which was amended in 1997 to allow a president 
to run for an unlimited number of terms; formation of a government of 
national unity; creation of a truth and justice commission to direct 
the nation's reconciliation process; and dissolution of the National 
Assembly. On October 8, President Compaore instructed the Prime 
Minister to reshuffle the Government. The new Government included no 
officials from civil society and only four members of the opposition. 
The major opposition group, the Group of 14 February, refused to 
participate. On October 29, the Council of Ministers passed decrees 
creating a Commission for Political Party Consultations and a 
Commission of National Reconciliation. The Commission for Political 
Party Consultations issued a final report on December 22. The President 
announced in his traditional New Year's Eve address that he would 
accept all of the report's recommendations, including designating a 
formal leader of the opposition in Parliament and reintroducing 
presidential term limits beginning in 2005. He said that he would call 
new parliamentary elections ``if necessary.''
    No progress was made in punishing those responsible for abuses 
reported in previous years. The major problem with law enforcement 
remains a general climate of impunity for human rights abusers fostered 
by the failure of the government's investigations to result in guilty 
findings and appropriate sanctions. Inquiries tend to continue until 
they are overshadowed by subsequent incidents or quietly shelved. 
Appeals by human rights organizations generally go unanswered. The 
failure to prosecute previous abuses remains the most important 
hindrance to further human rights progress.
    The 1996 incident in which members of the police in the town of Reo 
shot and killed an unarmed villager during an operation to fine owners 
of unregistered vehicles remained unresolved. An official investigation 
into the 1995 shooting death of two unarmed high school demonstrators 
in Garango yielded no results. There were no further developments 
regarding the 1994 corruption scandal that led to the death in custody 
of two suspects under suspicious circumstances.
    To date, the authorities have provided no explanation of the death 
of Doin Redan, who was found dead in 1994 a day after being detained by 
police. The Government continued to make no real effort to investigate 
the fate of a Ghanaian detainee reportedly killed in 1993 while in 
police custody. International and local human rights groups pressured 
the official commission investigating the 1991 killing of Clement 
Ouedraogo, a prominent opposition leader, to submit a report of 
preliminary findings to the Prime Minister. The report has not been 
made public and the case remains open, as do the cases of the 1989 
disappearance of Professor Guillaume Sessouma, detained for allegedly 
participating in a coup plot, and of medical student Dabo Boukary in 
1990, detained following student demonstrations. Credible reports 
indicated that security forces tortured and killed both men. The 
Government failed to respond to students' calls for information on 
Boukary's death, which was included in a list of demands issued during 
university strikes in 1997.
    There were some killings of criminal suspects by vigilante mobs.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits the mistreatment of detainees; however, 
members of the security forces continued to mistreat persons, often to 
extract confessions. There are credible reports that officials at Maco 
prison continued to employ degrading treatment. The Government is not 
known to have taken any disciplinary action against those responsible, 
and the climate of impunity created by the Government's failure to 
prosecute abusers remains the largest obstacle to ending abuses.
    Police used tear gas to disperse protesters (see Section 2.b.).
    Prison conditions are harsh, overcrowded, and can be life 
threatening. The federal prison in Bobo-Dioulasso, built in1947, houses 
about 1,000 prisoners, although it was designed to hold less than half 
that number. There are separate facilities for men, women, and 
children. The prison diet is poor, and inmates often must rely on 
supplemental food from relatives.
    According to human rights monitors, prison visits are granted at 
the discretion of prison authorities. Permission is granted routinely, 
and advance permission is not required.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention were problems, and authorities did not ensure due process. 
The Constitution provides for the right to expeditious arraignment and 
access to legal counsel. The law limits detention for investigative 
purposes without charge to a maximum of 72 hours, renewable for a 
single 48-hour period; however, in practice police rarely observe these 
provisions. The average time of detention without charge is 1 week, and 
the law allows judges to impose an unlimited number of 6-month 
``preventative detention'' periods.
    On May 17, following violent student demonstrations in Ouagadougou 
and Bobo-Dioulasso, and the closure of schools in both cities, the 
Government detained three opposition leaders: Burkinabe Movement for 
Human Rights (MBDHP) president and head of the Collective of Mass 
Democratic Organizations and Political Parties Halidou Ouedraogo; head 
of the Sankara Association Thibault Nana; and Alliance for Democracy 
and, Federation and Democratic African Assembly (ADF/RDA) president 
Hermann Yameogo, who as a deputy elected to the National Assembly 
enjoys parliamentary immunity. Ouedraogo was released after 2 hours of 
police questioning, and Nana was freed early on May 18. Yameogo, who 
was accused of having incited students to riot during a series of 
speeches, was released at the end of the statutory 72-hour period for 
preventive detention.
    In November 1998, eight armed policemen temporarily detained 
opposition Party for Democracy and Progress (PDP) deputy Gerard 
Karambiri and a PDP supporter. Police awakened both men in their 
respective homes in Bobo-Dioulasso in the early hours of the morning, 
apparently searching for opposition parties' materials calling for a 
boycott of the presidential election. The officers lacked the required 
warrants and entered their homes at times other than the 6 a.m. to 9 
p.m. ``legal hours.'' Police took them to headquarters, interrogated 
them for about 2 hours, then released them. Parliamentarians believed 
that the detention of Deputy Karambiri was a violation of the 
parliamentary immunity granted to all deputies under the Constitution. 
Several days later, after demanding that the detentions be investigated 
fully, PDP deputies walked out of a National Assembly plenary session 
in protest. In response the governing CDP parliamentary group sent 
three of its leading deputies to express support for the PDP, and 
National Assembly President Melegue Traore addressed a letter to the 
Prime Minister asking that the incident be investigated. The Government 
has never responded.
    Police arrested and detained protesters and detained a journalist 
in September (see Sections 2.a. and 2.b.).
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the judiciary is subject to 
executive influence. The President has extensive appointment and other 
judicial powers. The Constitution stipulates that the Head of State is 
also the President of the Superior Council of the Magistrature, which 
can nominate and remove some high-ranked magistrates and can examine 
the performance of individual magistrates.
    The Zongo killing and its aftermath have focused attention on the 
severe weaknesses in the justice system, including removability of 
judges, outdated legal codes, an insufficient number of courts, a lack 
of financial and human resources, and excessive legal costs.
    The Constitution provides that the Supreme Court is the highest 
court in the country. Beneath it are 2 Courts of Appeal and 10 
provincial courts (``de grande instance''). There is also a High Court 
of Justice, with jurisdiction to try the president and senior 
government officials for treason and other serious crimes. In 1995 the 
National Assembly passed legislation reforming the military court 
system, making military courts less susceptible in principle to 
executive manipulation; however, their independence has not yet been 
demonstrated.
    In addition to the formal judiciary, customary or traditional 
courts, presided over by village chiefs, handle many neighborhood and 
village problems, such as divorce and inheritance disputes. The 
population generally respects these decisions but citizens also may 
take a case to a formal court.
    The Constitution provides for the right to public trial, access to 
counsel, and has provisions for bail and appeal. While these rights 
generally are respected, the ability of citizens to obtain a fair trial 
remains circumscribed by an ignorance of the law because 77 percent of 
the population is illiterate and by a continuing shortage of 
magistrates. Amendments to the Penal Code to make it more relevant to 
modern requirements, such as the revision making FGM a crime, were 
adopted by Parliament during its last session in 1996 and entered into 
effect early in 1997.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for these rights, and in 
practice the authorities generally do not interfere in the daily lives 
of ordinary citizens. However, in national security cases a special law 
permits surveillance, searches, and monitoring of telephones and 
private correspondence without a warrant. By law and under normal 
circumstances, homes may be searched only with the authority of a 
warrant issued by the Attorney General.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The 1991 Constitution and the 1990 
Information Code provide for freedom of speech and of the press; 
however, in practice these freedoms still remain circumscribed both by 
government action and by a certain degree of self-censorship. The 
President and his Government remain sensitive to criticism. Provisions 
in the Code granting the Government strong legal powers to intimidate 
the press through a broad interpretation of defamation were removed in 
1993. As a result, journalists charged with libel may defend themselves 
in court by presenting evidence in support of their allegations. The 
independent press, particularly the written press, continued to 
exercise greater freedom of expression. However, the suspicious death 
of internationally respected journalist and newspaper editor Norbert 
Zongo in December 1998 raised serious questions on the limits to the 
exercise of this freedom (see Section 1.a.). Zongo was well known for 
his investigative reports on government scandals.
    On December 1, police in Ouagadougou detained two journalists and 
six leaders of the Collective of Mass Democratic Organizations and 
Political Parties, including its president Halidou Ouedraogo, to 
question them about a communique that they addressed to the armed 
forces, calling upon the military to guarantee demonstrators' safety 
and right to demonstrate. One of the men detained was Paulin Yameogo, 
editor of the weekly newspaper San Finna, which had just printed on its 
cover a photo of the scarred back of one of the men allegedly tortured 
by the Presidential Guard at the same time as David Ouedraogo, the 
murdered chauffeur of President Compaore's brother. The eight were 
arrested 2 days later and charged with ``attempts against the army's 
morale,'' a charge that carried the penalty of 1 to 5 years in prison. 
On December 27, the case against them was dropped when the judge ruled 
that procedural flaws in their arrest and indictment prevented a fair 
trial.
    All media are under the administrative and technical supervision of 
the Ministry of Communication and Culture. The audiovisual media are 
further regulated by the Superior Council of Information (CSI).
    The official media, including the daily newspaper Sidwaya, and the 
national radio and television displayed progovernment bias. The 
independent press includes 6 daily and 12 weekly newspapers. There are 
20 independent radio stations and 1 religious television station. The 
only private commercial television station ceased to broadcast, due to 
financial difficulties. These media outlets include stations that are 
critical of the Government.
    In 1998 the CSI released new regulations for private and 
independent radio and television. All new regulations were fully in 
effect as of February. The new regulations allowed reinstatement of 
call-in shows, which had previously been suspended in 1997. However, 
radio stations are held responsible if their call-in programs threaten 
the public order or the rights of any third party. In May employees 
from two radio stations were called in for questioning after 
broadcasting a call-in show on the Zongo killings that featured the 
secretary general of Reporters Without Borders, Robert Menard. After 
being threatened with formal expulsion, Menard involuntarily left the 
country. In September he was denied entry into the country.
    National and international observers reported that the CSI 
effectively fulfilled its responsibilities under the Electoral Code to 
assure equal media treatment of the candidates during the period prior 
to the November 1998 presidential election.The collective of 
independent election observers stated after the election that the press 
generally had been open to the different candidates and that press 
reporting on candidates' campaigns, with the exception of the national 
television and state-owned newspaper, which initially gave the 
President more attention that the other two candidates, became more 
balanced after a complaint presented to the CSI early in the campaign 
by Green Party candidate Ram Ouedraogo.
    Academic freedom is respected.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally 
respected this right in practice. Political parties and labor unions 
usually have been allowed to hold meetings and rallies without 
requesting Government permission since early 1990. In October 1997, the 
National Assembly passed a law to replace an existing 1992 law 
regulating public demonstrations. The new law requires that authorities 
be notified in advance of planned demonstrations and gives the 
executive the right to use reasons of public order to forbid 
demonstrations. In addition penalties for violations were increased 
from 6 months to 5 years to 2 to 5 years. Permits must be obtained from 
municipal authorities for political marches. Applicants must indicate 
the date, time, duration, and itinerary of the march or rally, and 
authorities may alter or deny requests on grounds of public safety. 
Denials or modifications may be appealed before the courts.
    After the January 3 incident, the Government permitted many marches 
and protests with or without the required prior notice, and its 
handling of demonstrations was, on balance, moderate and 
nonconfrontational. In January the Government agreed to the 
Collective's demand to end the ``state of siege,'' a term referring to 
the use of strong-arm police tactics to prevent the formation of 
demonstrations. In February some 400 intellectuals were not permitted 
to meet with the President but were allowed to present a petition 
against impunity to the Minister of Territorial Administration. In 
March a crowd estimated at 1,000 persons marched peacefully to Norbert 
Zongo's grave during the FESPACO film festival. Also in March, some 
3,000 to 5,000 demonstrators marched peacefully to the office of the 
President without interference. On November 27, between 10,000 and 
20,000 persons participated in a peaceful march in Ouagadougou that was 
organized by the Collective to press for justice in the case of Norbert 
Zongo's killing. On December 13, to mark the first anniversary of 
Zongo's death, approximately 25,000 persons walked more than 2 miles 
from the labor union headquarters in Ouagadougou to the cemetery where 
the journalist was buried. Security forces did not interfere with 
either demonstration.
    The Constitution provides for freedom of association, and the 
Government generally respects this in practice. Since early 1990, 
political parties and labor unions usually have been permitted to 
organize without seeking government permission.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice. The 
country is a secular state. Islam, Christianity, and traditional 
religions operate freely without government interference.
    The Government requires that religious groups register with the 
Ministry of Territorial Administration. Registration establishes a 
group's legal presence in the country but entails no specific controls 
or benefits. There are no penalties for failure to register.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement, and authorities respect this right in practice. Gendarmes 
routinely stop travelers for identity and customs checks and the 
levying of road taxes at police and military checkpoints. There is no 
restriction on foreign travel. In May the secretary general of 
Reporters Without Borders was forced to leave the country 
involuntarily. In September he was denied entry into the country (see 
Section 2.a.).
    The law include provisions for the grant of refugee and asylee 
status in accordance with the provisions of the 1951 U.N. Convention 
Relating to the Status of Refugees and its 1967 Protocol. Refugees are 
accepted freely. The Government provides first asylum. The Government 
cooperated with the office of the U.N. High Commissioner for Refugees 
(UNHCR) and other humanitarian organizations in assisting refugees. The 
approximately 25,000 refugees and displaced persons remaining in the 
country in 1997, mostly Tuaregs from Mali and Niger, were repatriated 
by the beginning of 1998. A few hundred refugees from the Great Lakes 
region remain. There were no reports ofthe forced return of persons to 
a country where they feared persecution. There were no reports of the 
forced expulsion of persons with a valid claim to refugee status.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the constitutional right to change their government 
through multiparty elections; however, although the November 1998 
presidential election represented a further step toward democratic 
government, in practice citizens are unable to exercise this right 
fully due to the continued dominance of the President and his ruling 
party. President Compoare won 88 percent of the vote; 56 percent of the 
eligible voters went to the polls. The irregularities cited by 
observers in the actual voting process were limited in number and scope 
and did not appear to have an impact on the ultimate outcome of the 
election. However, the national observers identified a number of 
systematic weaknesses in the electoral code that precluded a perfectly 
regular and transparent vote, and a coalition representing a number of 
opposition parties boycotted the election. On November 24, 1998, the 
Supreme Court confirmed the final vote count released by the 
independent National Electoral Commission (CENI) 6 days earlier. 
Neither of the two candidates opposing President Compaore contested the 
results.
    The 1997 legislative elections gave the ruling CDP 101 out of 111 
parliamentary seats. (The CDP now controls 102 seats because of a 
defection to the ruling party by an opposition deputy.) The victory 
reflected both general support for policies of the governing party and 
a lack of viable opposition alternatives. While international observers 
described the elections as substantially free and fair, a collective of 
14 local NGO's cited generalized and systematic corruption and voter 
list irregularities. The Supreme Court annulled the results in four 
constituencies because of these irregularities.
    In May 1998, the National Assembly approved the establishment of an 
Independent National Electoral Commission (CENI) to replace the 
National Committee for the Organization of Elections (CNOE) that 
supervised the 1997 legislative elections. The law creating the CENI 
gave it responsibility for creating a census bureau, installing voting 
stations and training poll workers, organizing election observation, 
ensuring election security, and distributing election material. 
However, developing electoral lists is still the responsibility of the 
Ministry of Territorial Administration and Security. The law also 
called for the CENI to be headed by an elected president and vice 
president who could not come from the hierarchy of any political party. 
The president and vice president are elected by CENI members. In July 
1998, the CENI was installed with 26 members, of which 6 came from the 
opposition, 6 from the ruling party, 3 from the religious community, 3 
from the traditional tribal community, 6 from the labor movement, and 3 
from a human rights organization. A committee of six persons from 
various government ministries is available to advise the CENI. However, 
there were concerns regarding CENI's independence since its funding was 
channeled through the Government, and it was scheduled to cease 
operations 60 days after the election. During the November 1998 
election, the CENI was not able to carry out its functions in some of 
the country's 45 provinces due to inadequate staffing.
    The Compaore Government includes a strong presidency, a Prime 
Minister, a Council of Ministers presided over by the President, a two-
chamber National Assembly, and the judiciary. The legislature is 
independent, but it remains susceptible to external influence from the 
executive branch.
    In January 1997, the CDP-dominated National Assembly amended the 
Constitution to allow a president to run for an unlimited number of 
terms. Previously, the Constitution had restricted the mandate to two 
7-year terms.
    There are no restrictions in law or practice on the participation 
of women or minority group members in politics; however, women are 
underrepresented in positions of responsibility. Only 3 of the 29 
ministers and 8 of the 111 National Assembly deputies are women. The 
President of the Social and Economic Council is a woman. In part 
because of the important role that women played in reelecting President 
Compaore in 1998, the Congress for Democracy and Progress voted at its 
first ordinary Congress held in July to increase the number of women on 
its National Executive Council from two to six.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government's attitude toward local human rights organizations 
was mixed. According to monitors, the Government did not interfere with 
the activities of any such group during the year. However, on March 21, 
the Council of Ministersterminated the agreement that had existed 
between the Government and the InterAfrican Human Rights Union (UIDH) 
since 1995. The Council stated that UIDH head Halidou Ouedraogo, who 
also served during the year as president of the Burkinabe Movement for 
Human Rights (MBDHP) and as president of the Collective of Mass 
Democratic Organizations and Political Parties, had mixed politics with 
human rights and thus had acted in ways incompatible with the 
agreement. The Council also considered illegal the UIDH's participation 
on a parallel inquiry commission that was set up in January by the 
Collective to investigate the Zongo killings. Under the 1995 agreement, 
the UIDH had benefited from tax exemptions, a government subsidy that 
paid $500 (300,000 CFA) a month to rent temporary offices for the 
organization, and Ouedraogo, a Burkinabe national, had enjoyed 
diplomatic immunity as head of an international organization. In 
addition the Government again has failed to answer inquiries from 
international human rights organizations concerning past abuses. 
Amnesty International (AI) still is awaiting the results of the 
Government inquiry into the 1995 killings in Garango and the 1995 
extrajudicial executions of seven men from Kaya Navio, Nahouri 
Province, but the Government has not responded to AI's request for 
information.
    In 1994 the Government announced the creation of the Office of 
Ombudsman, called ``Mediateur du Faso.'' Retired General Marc Garango 
was appointed to the position, which is responsible for mediating 
disputes between the state and its citizens. In June 1998, the 
Ombudsman's Office issued its first activity report, which indicated 
that half the cases brought before it dealt with career problems of 
civil servants and the other half with a variety of issues, including 
land questions and bureaucratic inaction.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination on the basis of race, 
religion, or ethnic origin. Minority ethnic groups are, like the 
majority Mossi, represented in the inner circles of the Government, and 
government decisions do not favor one group over another.
    Women.--Violence against women, especially wife beating, occurs 
occasionally. Cases of wife beating usually are handled through 
customary law and practice. There are no statistics on rape, although 
it is recognized as a crime. Spousal rape is not discussed. There are 
organizations that counsel rape victims, including Catholic and 
Protestant missions, the Association of Women Jurists in Burkina, the 
Burkinabe Movement for Human Rights, the Association of Women, and 
Promofemmes, a regional network that works to combat violence against 
women. The Government is attempting to change attitudes toward women, 
using education through the media. The Penal Code explicitly prohibits 
sexual harassment but has no special laws protecting women against 
violence other than general laws dealing with violence.
    There are no specific constitutional provisions or laws protecting 
women, who face extensive discrimination. In general women continue to 
occupy a subordinate position and experience discrimination in such 
areas as education, jobs, property, and family rights. Overall, women 
represent 45 percent of the work force. However, in the modern sector 
women make up one-fourth of the government work force, although they 
are usually found in lower paying positions. Women still do much of the 
subsistence farming work. After the May 1997 parliamentary elections, 
the Government created a Ministry of Women's Affairs and appointed a 
woman as minister.
    Children.--The Constitution nominally protects children's rights. 
The Government has demonstrated its commitment to improving the 
condition of children by adopting a national policy to revitalize 
primary health care through the privatization of hospitals, which 
provided greater autonomy in hospital management. The Government has 
stated its commitment to improve access to primary education and as of 
1996 had raised the literacy rate to 22 percent. The Government 
provides free primary school education to all children. If a child 
qualifies on the basis of grades and social condition (that is, his/her 
family is ``poor''), free education can continue through junior high 
and high school. In practice, the family condition requirement is often 
ignored giving many children a free education through high school.
    Females constitute approximately one-third of the total student 
population in the primary school system and are represented in the 
secondary and higher educational systems, although the percentage 
decreases significantly beyond the primary level. Schools in rural 
areas have disproportionately fewer female students than schools in 
urban areas. The Government has set upa scholarship program for female 
secondary students to encourage them to stay in school.
    Female genital mutilation, which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, still is practiced widely, especially in many 
rural areas, and usually is performed at an early age. The percentage 
of females who have undergone this procedure may be as high as 70 
percent. The Government has made a strong commitment to eradicate FGM 
through educational efforts, and a national committee (The National 
Committee for the Fight against Excision) campaigns against the 
practice. The Penal Code was revised in 1996 to make FGM a crime, with 
stricter punishments for those involved in its practice. Perpetrators 
are subject to 6 months to 3 years imprisonment and a significant fine. 
The Government continued its sensitization campaign regarding the 
deleterious effects of this practice. Another form of mutilation, 
scarification of the faces of both boys and girls of certain ethnic 
groups, gradually is disappearing.
    People with Disabilities.--While there are modest government 
subsidies for workshops for the disabled, there is no government 
mandate or legislation concerning accessibility for the disabled. There 
is no legislation to protect persons with disabilities from 
discrimination. Programs to aid the disabled are limited, but human 
rights groups are not aware of any discrimination against the disabled.
Section 6 Worker Rights
    a. The Right of Association.--The 1962 Labor Code has been amended 
several times during the past decade, most recently in 1996. Under this 
legislation, workers, including civil servants, traditionally have 
enjoyed a legal right of association, which is recognized under the 
Constitution. There are 4 major labor confederations and 12 autonomous 
trade unions linked together by a national confederal committee. They 
represent a wide ideological spectrum; the largest and most vocal 
member espouses socialist doctrine. Essential workers, such as police, 
may not join unions.
    The Constitution provides for the right to strike, and workers use 
strike actions to achieve labor goals. Many strikes were called 
throughout the year both by labor organizations to advance workers' 
objectives, and by the Collective of Mass Organizations and Political 
Parties to press for justice in the aftermath of the Zongo killings 
(see Section 1.a.). For example, from September 7-10, the Union of 
Workers in Human and Animal Health (SYNTSHA) held a 72-hour strike to 
press for satisfaction of labor demands. From January 20-22, the 
Collective held the first of several general strikes (``ville morte'') 
during the year to press for justice in the Zongo killings. In July the 
army took to the streets to protest the Government's failure to repay 
housing allowances previously deducted from military salaries. The 
Government responded by negotiating with what the foreign press called 
mutineers and acceded to their demands.
    Labor unions may affiliate freely with international trade unions. 
The National Confederation of Burkinabe Workers (CNTB) is affiliated 
with the Brussels-based World Confederation of Labor (WCL).
    b. The Right to Organize and Bargain Collectively.--Unions have the 
right to bargain for wages and other benefits, both directly with 
employers and with industry associations. These negotiations are 
governed by minimums on wages and other benefits contained in the 
Interprofessional Collective Convention and the Commercial Sector 
Collective Convention, which are established with government 
participation. If no agreement is reached, employees may exercise their 
right to strike. Either labor or management may refer an impasse in 
negotiations to labor tribunals. Appeals may be pursued through the 
Court of Appeal to the Supreme Court, whose decision is binding on both 
parties. Collective bargaining is extensive in the modern wage sector, 
but it encompasses only a small percentage of workers.
    The Labor Code prohibits antiunion discrimination. The Labor 
Ministry handles complaints about such discrimination, which the 
plaintiff may appeal to a labor tribunal. If the tribunal sustains the 
appeal, the employer must reinstate the worker. Union officials believe 
that this system functions adequately.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced labor, and it is not practiced.
    The Government prohibits forced and bonded child labor, and there 
were no reports of its use.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code sets the minimum age for employment at 14 
years, the average age for completion of basic primary school. However, 
the Ministry of Employment, Labor, and Social Security, which oversees 
labor standards, lacks the means to enforce this provision adequately, 
even in the small wage sector. Children commonly work with their 
parents in rural areas or in family-owned small businesses in villages 
and cities. Most children actually begin work at an earlier age on 
small, family subsistence farms, in the traditional apprenticeship 
system, and in the informal sector. There are no reports of children 
under the age of 14 employed in either state or large private 
companies. The Government prohibits forced or bonded child labor, and 
there were no reports of its use (see Section 6.c.).
    e. Acceptable Conditions of Work.--The Labor Code mandates a 
minimum monthly wage, a standard workweek of 40 hours with at least one 
24-hour rest period for nondomestic workers and a 60 hour workweek for 
household workers, and establishes safety and health provisions. The 
minimum monthly wage in the formal sector, about $45 (27,089 CFA), does 
not apply to subsistence agriculture, which employs about 85 percent of 
the population. The Government last set a minimum wage in 1996. It is 
not adequate for an urban worker to support a family. Wage earners 
usually supplement their income through reliance on the extended 
family, subsistence agriculture, or trading in the informal sector.
    A system of government inspections under the Ministry of 
Employment, Labor, and Social Security and the labor tribunals is 
responsible for overseeing health and safety standards in the small 
industrial and commercial sectors, but these standards do not apply in 
the subsistence agricultural sector. However, the Government's Labor 
Inspector Corps does not have sufficient resources to fulfill its 
duties adequately. Every company is required to have a work safety 
committee. If a workplace has been declared unsafe by the government 
Labor Inspection Office for any reason, workers have the right to 
remove themselves from dangerous work without jeopardy to continued 
employment. In practice there are indications that this right is 
respected, but such declarations are relatively rare.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons. There were occasional reports of trafficking in women and 
children for the purposes of forced prostitution or domestic service.
                                 ______
                                 

                                BURUNDI

    Burundi is ruled by an authoritarian military regime led by self-
proclaimed interim President Pierre Buyoya, who was brought to power in 
a bloodless coup by the largely ethnic Tutsi armed forces in 1996 and 
who abrogated the Constitution. In 1998 the Buyoya regime reached a 
political agreement with the opposition-dominated National Assembly, 
which adopted a Transitional Constitutional Act and a transitional 
political platform. The agreement brought the predominantly ethnic Hutu 
opposition party FRODEBU into the Cabinet. Buyoya holds power in 
conjunction with a political power structure dominated by members of 
the Tutsi ethnic group. Political parties operate under significant 
restraints. Since 1993 the country has suffered from a civil war with 
thousands of civilian deaths and mass internal displacement. The 
judiciary is controlled by the ethnic Tutsi minority and is not 
impartial.
    The security forces are controlled by the Tutsi minority and 
consist of the army and the gendarmerie under the Ministry of Defense, 
the judicial police under the Ministry of Justice, and the intelligence 
service under the presidency. Security forces committed numerous 
serious human rights abuses.
    The country is poor and densely populated, with 92 percent of the 
population dependent on subsistence agriculture. Many internally 
displaced citizens have been unable to grow food and depend largely on 
international humanitarian assistance. Per capita income is less than 
$200 per year. The civil war has caused severe economic disruption, 
especially to the small modern sector of the economy, which is based 
mainly on the export of coffee, tea, and cotton. The Government has 
announced that it plans to privatize publicly owned enterprises, but 
efforts to carry out such a transformation are lagging. Other 
governments in the region that had imposed economic sanctions on the 
country lifted them in January.
    The Government's human rights record remained poor. Citizens do not 
have the right to change their government. Security forces continued to 
commit numerous extrajudicial killings. The armed forces killed armed 
rebels and unarmed civilians, including women, children, and the 
elderly. Rebel attacks on the military often were followed by army 
reprisals against civilians suspected of cooperating with the 
insurgents. Despite Buyoya's stated commitment to end abuses by the 
military, his Government was unable or unwilling to do so, and 
perpetrators were not punished. Impunity for those who commit serious 
human rights violations, and the continuing lack of accountability for 
those who committed past abuses, remained key factors in the country's 
continuing instability. There were credible reports of disappearances 
and the security forces continued to torture and otherwise mistreat 
persons. Prison conditions were life threatening. Arbitrary arrest and 
detention, and lengthy pretrial detention, are problems, and there were 
reports of incommunicado detention. The court system suffers from a 
lengthy case backlog. The dysfunctional justice system was unable to 
resolve pressing issues of detention and impunity because of its lack 
of independence, its inefficiency and administrative disruption, and 
the partiality of Tutsi officials. Authorities infringe on citizens' 
privacy rights. The Government controls the media and restricts freedom 
of speech and of the press. It restricts freedom of assembly and does 
not permit political demonstrations. The Government restricts freedom 
of association and movement. At the end of the year, the army forcibly 
relocated an estimated 330,000 Hutus in an effort to stop rebel attacks 
on the nearby capital, Bujumbura. The armed forces sometimes limited 
access to certain areas by human rights observers, citing dangerous 
security conditions. Violence and discrimination against women 
continued to be problems. The Government is unable to protect the 
rights of children or prevent discrimination against the disabled. The 
indigenous Twa (Pygmy) people remain marginalized economically, 
socially, and politically. Incidents of ethnically motivated 
destruction and killing occurred throughout the country. State 
discrimination against Hutus is widespread. Soldiers required 
internally displaced persons to perform forced labor. Child labor is a 
problem.
    Rebel Hutu militias also continued to commit many serious abuses, 
including repeated killings of unarmed civilians, and requiring 
civilians to perform forced labor.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Security forces 
committed numerous extrajudicial killings. On January 4, soldiers 
killed more than 55 civilians in Mubone, Kabezi commune, Bujumbura 
Rural province, according to international human rights observers. The 
Government promised to investigate; however, any findings were not made 
public. It is not known if those responsible were punished.
    On May 26, soldiers killed 11 Hutu civilians, including women and 
children, most of whom lived in the household of a man suspectedof 
participating in the 1993 killing of Tutsis, according to an 
international human rights observer.
    On July 19, soldiers killed 30 civilians in Kanyosha commune, 
Bujumbura Rural province, according to international observers.
    On August 11, the army shot and killed an estimated 50 civilians in 
Kanyosha commune, Bujumbura Rural province, according to international 
human rights observers. On August 12, the army used grenades and 
machine guns to kill an unknown number of civilians in Ruziba, 
Bujumbura Rural province, observers reported. The army suspected the 
civilians of collaborating with rebels. International observers were 
prevented from investigating because of security forces' claims that 
the areas were unsafe. The Government promised to investigate; however, 
its findings were not made public.
    On October 9, a soldier shot and killed six persons, including 
three children and two women, at the Ruyaga regroupment site in 
Bujumbura Rural province where they had been moved forcibly, according 
to the authorities. Seven others were injured. The soldier was detained 
immediately although his name was not released publicly, authorities 
said.
    There were reports that soldiers shot and killed some persons who 
tried to leave ``regroupment sites'' to which Hutus were forcibly 
relocated starting in September (see Sections 1.f. and 2.d.).
    Deaths in prisons continued due to disease and malnutrition (see 
Section 1.c.).
    Amnesty International (AI) estimates that 200,000 persons were 
killed in ethnic violence between October 1993 and the end of 1998. No 
credible countrywide casualty figures were available for 1999. 
Throughout the year, the Government and security forces frequently 
prevented journalists and human rights observers from going to areas 
where casualties occurred, making it difficult to gather information 
about the perpetrators and the victims. AI reported that the army and 
rebel groups killed 600 civilians between November 1998 and March 1999 
in Bujumbura Rural province alone. Based on media and other reports, 
much of the extrajudicial killing and destruction during the year was 
concentrated in the province around the capital and in the southern and 
eastern provinces.
    Accurate information about landmines is hard to obtain. However, 
the armed forces apparently use mines to prevent rebels from accessing 
territory, and rebel groups use landmines as tools of terror. Landmine-
related civilian injuries and deaths were reported, particularly in 
provinces along the southern border with Tanzania.
    A domestic human rights organization reported that 51 persons were 
sentenced to death in the regular criminal courts during the first 10 
months of the year. A death sentence handed down by a military court 
was carried out in July, and legal irregularities in the case prompted 
protests by AI. On July 28, Corporal Bonaventure Ndikumana was 
sentenced to death for deliberately killing an officer. Ndikumana was 
executed the next day without being allowed to file an appeal of his 
conviction as required by law, according to the authorities and AI. No 
executions were carried out in 1998. In 1997, after a 15-year period 
with no executions, the State executed 6 of 38 civilians sentenced to 
death for the first time since 1982.
    In May the media reported the surprise announcement of a judgment 
in the trial of the 1993 assassination of President Melchior Ndadaye. 
The Supreme Court sentenced five members of the army to death and 23 
others to prison. Another 38 persons were acquitted, 10 cases were sent 
back for further review, and 5 cases were dropped because the suspects 
had died. No high-ranking army officers were convicted, although 
charges were brought originally against many past and present senior 
army members. The new Attorney General, who is a Hutu, announced that 
the case would be reopened.
    In January rebels killed 178 civilians in Makamba province, 
according to the media. The civilians were killed either by rebels or 
were caught in a crossfire between the rebels and the army, according 
to reports.
    On August 28, Hutu rebels killed 39 persons in Bujumbura, most of 
them Tutsi civilians according to the authorities. Victims were shot or 
burned. The authorities permitted rapid access to the scenes of the 
attacks.
    On October 12, unknown attackers killed two U.N. foreign staff 
members and seven others during a U.N. humanitarian assessment mission 
to Rutana province. Officials said that rebels carried out the attack, 
possibly to halt humanitarian aid. The Government called on Tanzania to 
arrest the perpetrators, who it said fled to Tanzania after the attack. 
Rebels accused the armed forces of committing these killings. In 
response to this attack, the U.N. halted most of its field operations 
indefinitely.
    A grenade attack in Bujumbura's central market in November killed 5 
persons and injured 14 others.
    There are no definitive statistics available on how many civilians 
were killed by Hutu rebels; the Government stated that killings by 
rebels represent the majority of civilian casualties. Rebels reportedly 
often kill civilians for suspected collaboration with the regime and 
for their refusal to pay ``taxes'' to rebels. Hutu rebels ambushed 
minibuses carrying civilians on national highways, robbing and killing 
the occupants.
    Three persons accused of the 1995 killings of Italian religious 
workers were not tried. The Government did not identify or bring to 
justice the persons responsible for the June 1996 killing in Cibitoke 
province of three foreign employees of the International Committee of 
the Red Cross.
    b. Disappearance.--Human rights groups reported that abductions and 
disappearances occurred during the year, but no credible overall 
figures were available. AI reported on October 5 that it had credible 
reports of the disappearance of three persons believed to have been 
arrested by soldiers in September. According to AI, at least one of the 
men was believed to have been executed and secretly buried. The media 
carried brief reports of kidnapings of civilians by Hutu rebels.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Transitional Constitution Act prohibits these abuses; 
however, members of the security forces continued to torture and 
otherwise abuse persons. In one such case, AI reported that members of 
the security forces were believed to have withheld food from detainees 
and beaten one of them severely. There were no know prosecutions of 
members of the security forces for these abuses.
    At the end of the year, signs emerged of renewed government support 
for policing of the capital and countryside by armed civilians, which 
raised fears of the return of militias created in 1995 to destabilize 
the then Hutu-led government.
    Conditions in state-run prisons were life threatening and are 
characterized by severe overcrowding and inadequate hygiene, clothing, 
medical care, food, and water. A total of about 10,000 inmates are 
housed in facilities built to accommodate a maximum of 3,600 persons. 
Prisoners rely on family members to provide an adequate diet, and 
officials say that prisoners suffer from digestive illness, dysentery, 
and malaria. Poor prison conditions contributed to deaths of prisoners 
from disease and malnutrition. In April AI reported that a 12-year-old 
boy, improperly charged in connection with 1993 killings, had been 
abused sexually by male inmates at Bujumbura's central prison.
    U.N. human rights monitors were permitted to visit prisons.
    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest, detention, and exile; however, security forces 
arbitrarily arrested and detained persons. Limits on the length of 
pretrial detention were not respected. Presiding magistrates are 
authorized to issue arrest warrants. Police and gendarmes can make 
arrests without a warrant, but are required to submit a written report 
to a magistrate within 48 hours. A magistrate can order the release of 
suspects or confirm charges and continue detention, initially for 15 
days, then subsequently for periods of 30 days, as necessary to prepare 
the case for trial.
    The law requires arrest warrants. The police are required to follow 
the same procedures as magistrates; however, the police have detained 
suspects for extended periods without announcing charges, certifying 
the cases, or forwarding them to the Ministry of Justice as required. 
There were numerous instances of arbitrary arrest. Bail was permitted 
in some cases. Human rights organizations reported that incommunicado 
detention exists, although it is prohibited by law.
    The disruption of the political process and the general insecurity 
severely impeded the judicial process. In mid 1999, an estimated 7,500 
pretrial detainees constituted 78 percent of the total prison 
population. About 750 of an estimated 9,500 detainees reportedly were 
released in 1999, but these reports could not be confirmed.
    The Government has not used forced exile as a means of political 
control. However, many persons remained in voluntary exile in Belgium, 
Kenya, Tanzania, Zaire, and elsewhere. Some senior authorities maintain 
their families outside the country. Anumber of officials of the 
government of deposed president Sylvestre Ntibantunganya, who fled the 
country in 1996, have not yet returned.
    e. Denial of Fair Public Trial.--The Transitional Constitutional 
Act provides for an independent judiciary; however, in practice the 
judiciary is not independent and is dominated by ethnic Tutsis. An 
international human rights organization estimated in 1998 that ethnic 
Hutus accounted for only 5 percent of the country's judges and lawyers, 
although they constitute an estimated 85 percent of the population. 
Most citizens assume that the courts promote the interests of the 
dominant Tutsi minority; members of the Hutu majority believe that the 
judicial system is biased against them.
    The judicial system is divided into civil and criminal courts with 
the Supreme Court at the apex. The armed forces have a separate 
judicial system, and there is a labor court.
    Citizens generally did not have regular access to civilian and 
military court proceedings. Defendants in theory are presumed innocent 
and have the right to appeal; however, in practice some lawyers say 
that the structure of the court system inappropriately limits the 
possibility of appeals for those accused of the most serious crimes. 
While defendants have a right to counsel and to defend themselves, in 
practice few have legal representation. The civil court system 
functions, but the lack of a well-trained and adequately funded 
judiciary constrains expeditious proceedings. Many citizens have lost 
confidence in the system's ability to provide even basic protection. 
The majority of persons arrested on criminal charges since October 1993 
remain in pretrial custody.
    In July the National Assembly passed a new criminal code, which was 
scheduled to take effect in January 2000, and in theory provides 
protections for suspects' rights to a lawyer before official charges 
are filed and during pretrial investigations.
    There are some clearly identifiable political prisoners. Charges 
against defendants convicted for nonpolitical crimes sometimes are 
politically motivated.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Transitional Constitutional Act provides for the 
right to privacy, but the authorities reportedly do not respect the law 
requiring search warrants. Security forces are widely believed to 
monitor telephones regularly.
    Beginning in September, following rebel attacks on the mainly 
Tutsi-inhabited capital (see Section 1.a.), the Government forcibly 
relocated an estimated 330,000 mainly Hutu inhabitants of Bujumbura 
Rural province to ``regroupment sites'' where security forces could 
more readily monitor and control their movements. Inhabitants were 
moved to sites with inadequate sanitation and insufficient access to 
water, food, shelter, and medicine. The Government's stated rationale 
for these forced relocations was to protect the relocated persons from 
rebel attacks.
Section 2. Respect for Civil Liberties: Including:
    a. Freedom of Speech and Press.--The Transitional Constitutional 
Act does not impose restrictions on the media; however, the Government 
restricts freedom of speech and of the press. A press law requires that 
newspaper articles undergo review by a government censor 4 days before 
publication, and the Government controls the media and harasses and 
detains journalists.
    The regime controls much of the news, since it owns the only 
regularly published newspaper and the major radio and television 
stations. The government-owned Le Renouveau is published 3 times a 
week. Other newspapers, including at least one opposition newspaper, 
appear irregularly. Political tracts circulate, and two private faxed 
newsheets are published almost daily. These represent a variety of 
political viewpoints. In June the National Communications Council 
suspended the activities of the FRODEBU opposition political party's 
newspaper, L'Aube de la Democratie. In October the Council temporarily 
suspended the newspaper, La Verite.
    Security forces and the regime harass journalists, questioning or 
detaining them or having their property searched and seized. In June 
the editors of two private faxed newsheets were detained for brief 
periods for failing to send advance copies of their dispatches to 
government agencies, even though the advance review law applies only to 
daily newspapers. In September the DefenseMinister publicly compared 
some journalists to rebels and indicated that they should be treated as 
such. When journalists protested what they described as a death threat, 
the Minister explained that he meant only to criticize unprofessional 
journalists.
    The government-owned radio broadcasts in the Kirundi language, 
French, and Swahili and offers limited English programming. The private 
radio station, Umwizero, is financed by international donors and 
broadcasts in French and Kirundi. Listeners also can receive 
transmissions of the British Broadcasting Corporation, the Voice of 
America, and Radio France Internationale. A clandestine radio station 
operated by Hutu rebels once broadcast briefly from the Democratic 
Republic of Congo.
    No laws or regulations limit academic freedom, and no persons at 
the University of Burundi were persecuted for what they published or 
said. However, the state university remains primarily ethnic Tutsi. 
Tensions occasionally flare between Hutu and Tutsi students on campus, 
where politically and ethnically motivated killings occurred in 1995 
and 1996.
    b. Freedom of Peaceful Assembly and Association.--The Government 
restricts freedom of assembly. The Transitional Constitutional Act 
permits political demonstrations, but in practice none have been 
allowed by the Government.
    The Government restricts freedom of association and has arrested 
members of organizations and political parties.
    The Transitional Constitutional Act permits political parties to 
operate; however, the regime places restrictions on groups critical of 
its policies.
    c. Freedom of Religion.--The transitional Constitutional Act 
provides for freedom of religion, and the Government respects this 
right in practice. There is no state religion, and the Government does 
not restrict freedom of worship.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Immigration, and Repatriation.--The Transitional Constitutional Act 
provides for these rights; however, the Government restricts this right 
in practice.
    Beginning in September the regime forcibly relocated an estimated 
330,000 Hutus from Bujumbura Rural province. Residents of parts of 
Bujumbura Rural more heavily populated by Tutsis were not subject to 
relocation. The relocated population, at ``regroupment sites,'' some of 
which were remote, at times lacked access to food, safe drinking water, 
shelter, basic sanitation, and health care. Authorities said that they 
were relocating the population to protect it from rebels, but there 
were credible reports that the displacements also were used to remove 
rebels from the relocated population and to impede civilian assistance 
to rebels. Persons who tried to leave the sites, allegedly to search 
for food and water, reportedly were shot, sometimes fatally, by 
soldiers.
    At year's end, about 550,000 other citizens remained in internally 
displaced persons (IDP's) camps created in 1993-94 throughout the 
country. With the recently relocated persons, a total of 13 percent of 
the population live in 360 sites, according to an international relief 
organization. Inhabitants of these sites raised some of their own food 
with the permission of the armed forces. Soldiers guarding these camps 
provide a measure of protection to camp inhabitants; however, they 
sometimes commit human rights abuses against them.
    Camp inhabitants often are required to perform labor for the 
soldiers without compensation (see Section 6.c.).
    Civilians who remain outside the sites reportedly have been killed 
by Hutu rebels for allegedly collaborating with authorities and by the 
armed forces on suspicion of collaborating with the rebels.
    The authorities occasionally restricted foreign travel for 
political reasons in the past; there was one such case in 1999. In 
August an official from the FRODEBU wing of the party, which is 
critical of the regime, was prevented temporarily from leaving the 
country for consultations related to the peace talks in Arusha. 
Authorities cited legal, not political, reasons.
    The majority of citizens could travel legally in and out of the 
country.
    Travel within the country is possible but could be hazardous in 
areas of rebel activity, particularly in parts of Bujumbura Rural, 
Bururi, Rutana, and Makamba provinces.
    The armed forces sometimes denied access to certain areas to human 
rights observers, citing dangerous security conditions (see Section 4).
    The U.N. High Commissioner for Refugees (UNHCR) reported that as of 
the end of September, about 11,000 Burundian refugees were repatriated 
in the course of the year from Rwanda, Tanzania, the Democratic 
Republic of Congo, and other countries. During the same period, an 
estimated 25,000 Burundians fled Burundi to Tanzania, according to the 
UNHCR. Approximately 296,000 Burundian refugees, most of them Hutu, 
remain in Angola, Cameroon, the Republic of the Congo, the Democratic 
Republic of Congo, Kenya, Malawi, Rwanda, Tanzania, and Zambia. Some of 
these persons fled as early as 1972, and many fled following the 
assassination of former president Ndadaye in October 1993.
    The Government has granted first asylum in recent years.
    Approximately 325 citizens of the Democratic Republic of Congo live 
in Burundi, many of whom claim asylum. Rwandan refugees who fled the 
1994 ethnic massacres in Rwanda departed the country by 1997. Another 
200,000 Rwandans who came in earlier waves of refugees, some as early 
as 1959, are not registered officially with the UNHCR and are 
integrated into Burundian society.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    Citizens do not have the right to change their government. The 
Transitional Constitutional Act makes no provision for elections. The 
1992 Constitution and 1994 Convention of Government were suspended by 
the Buyoya military regime that assumed power on July 25, 1996, in a 
bloodless coup. On that date, the regime dissolved the National 
Assembly and banned political parties. About 3 weeks later, Buyoya 
announced the restoration of the National Assembly and political 
parties with certain restrictions. The National Assembly is dominated 
by the opposition party, FRODEBU, which draws the majority of its 
membership from the Hutu ethnic group.
    In April 1998, multiparty peace talks began in Arusha, Tanzania, 
and Burundi's regime subsequently launched an internal peace process. 
On June 4, 1998, the National Assembly and the Government entered into 
a partnership agreement. The National Assembly adopted a Transitional 
Constitutional Act and a Transitional Political Platform. The act 
changed the structure of government by eliminating the post of prime 
minister, creating two vice presidents, removing the National Assembly 
Speaker from the line of presidential succession, and enlarging the 
National Assembly. The act placed no time limits on the President's or 
the National Assembly's term of office. By year's end, no such limits 
had been enacted, and no future presidential or national assembly 
elections had been scheduled.
    The Transitional Political Platform endorses in general terms the 
restoration of democracy and correction of the ethnic imbalance within 
the army and the judicial system. It calls for the creation of an 
international tribunal to try crimes of genocide. No such tribunal had 
been created by year's end.
    On June 12, 1998, a new Government was announced in which the First 
Vice President and 10 of the 22 cabinet ministers are members of 
FRODEBU. The Cabinet includes 12 Hutus, including the Minister of 
External Relations. Progovernment ethnic Tutsi members hold the key 
Ministries of Defense, Interior, Justice, and Finance.
    Under the 1992 Constitution, deposed President Ntibantunganya would 
have remained in office until 1998. The last elections to fill the 
Assembly took place in June 1993. The Transitional Constitutional Act 
stipulates that the National Assembly shall consist of 121 
parliamentarians: those elected in 1993 who sat in the previous 
National Assembly, plus 40 new members--28 members of civil society 
appointed by the President and one representative each (selected by 
their respective parties) from all 12 officially recognized political 
parties not previously represented. Not all of those elected in 1993 
are alive or in the country, and the vacant seats were filled by 
substitutes from the same political party as the original 
parliamentarian. Tutsi supporters of the Government filled many of the 
40 new seats.
    Political parties operate under significant constraints.
    The National Assembly has nominal budgetary oversight, but the 
Council of Ministers legally can enact a budget if the National 
Assembly fails to do so. The Transitional Constitutional Act gives the 
President the authority to declare a state of emergency by decree after 
consulting with the National Assembly Speaker, the National Security 
Council, and the Constitutional Court.No legal restrictions hinder the 
participation of women or indigenous people in elections or politics; 
however women and the ethnic Twa (Pygmies) are underrepresented in 
government and politics. Of the 22 cabinet seats, 1 is filled by a 
woman, who serves as the Minister of Women, Welfare, and Social 
Affairs. (In the previous government women held 2 of the 24 cabinet 
seats.) In 1993 women were elected to 9 of 81 seats in the National 
Assembly. One of these nine women was killed in Cibitoke province in 
1995. The expansion of the National Assembly and the filling of vacant 
seats has brought the total of female parliamentarians to 16. One of 
the nine members of the Supreme Court is a woman as are three of the 
seven Constitutional Court members, including its president. About 1 
percent of the population is Twa, but there are no Twa in the Cabinet. 
One Twa is an appointed member of the National Assembly (also see 
Section 5).
Section 4. Governmental Attitude regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic human rights groups received varying degrees of 
cooperation from government ministries. The local human rights group, 
Iteka, continued to operate and publish a newsletter. Amnesty 
International representatives and the U.N. Special Rapporteur for Human 
Rights visited the country during the year. The U.N. High Commissioner 
for Human Rights maintains an office in the country, but reduced its 
observer staff in October due to poor security conditions (see Section 
1.a.).
    Real and claimed insecurity in rural areas was cited by the regime 
in denying access to some areas of the country to journalists, 
international relief workers, and human rights observers. Army elements 
in the field frequently denied access to human rights observers when 
the army was accused of human rights violations. For example, human 
rights observers were denied full access to areas in Bujumbura Rural 
province, where the army is believed to have killed more than 50 
civilians on August 10, 11, and 12 (see Section 1.a.).
Section 5. Discrimination Based on Sex, Religion, Disability, Language, 
        or Social Status
    The Transitional Constitutional Act provides equal status and 
protection for all citizens, without distinction based on sex, origin, 
ethnicity, religion, or opinion. However, the Government failed to 
implement effectively the act's provisions. Hutus continue to perceive, 
correctly, that the Tutsi-dominated government and army discriminate 
against them. The question of exclusion was a central question at the 
peace talks in Arusha.
    Women.--Violence against women occurred, but its extent is 
undocumented. Wives have the right to charge their husbands with 
physical abuse, but they rarely do so. Police normally do not intervene 
in domestic disputes, and the media rarely report incidents of violence 
against women. No known court cases dealt with the abuse of women.
    Women face legal and societal discrimination. Explicitly 
discriminatory inheritance laws and discriminatory credit practices 
continued. By law, women must receive the same pay as men for the same 
work, but in practice they do not. Women are far less likely to hold 
mid-level or high-level positions. In rural areas, women traditionally 
perform hard farm work, marry and have children at an early age, and 
have fewer opportunities for education than men.
    Children.--The law provides for children's health and welfare, but 
the Government cannot adequately satisfy the needs of children and, in 
particular, of the large population of orphans resulting from the 
violence since 1993. Many of the victims in the civil war are children. 
The Government provides elementary education at nominal cost through 
grade six. About 44 percent of children are enrolled in primary school. 
The Government provides subsidized health care.
    People with Disabilities.--The Government has not enacted 
legislation or otherwise mandated access to buildings or government 
services for persons with disabilities. There are few job opportunities 
for the physically disabled in Burundi, where most jobs involve 
significant manual labor.
    Indigenous People.--The Twa (Pygmies), who are believed to be the 
country's earliest human inhabitants, now make up only about 1 percent 
of the population, and generally remain economically, socially, and 
politically marginalized. Most Twa live in isolation,uneducated, and 
without access to government services, including health care. One Twa 
was appointed to the National Assembly, but the Twa are 
underrepresented in the political process.
    National/Racial/Ethnic Minorities.--The principal national problem 
continued to be ethnic conflict between the majority Hutus and the 
minority Tutsis. Burundi's civil conflict stems from more than three 
decades of violence and systematic discrimination, which compounds the 
fears by both sides of genocide and exclusion. Tutsis claim to have 
been the targets of a genocide carried out in 1993 by Hutus angered 
over the assassination of democratically elected Hutu president 
Ndadaye. The Tutsis historically have held power, and they dominate 
educated society and control the security forces. In 1996 a coup 
deposed president Ntibantunganya, a Hutu, and replaced him with Major 
Pierre Buyoya, a Tutsi.
    The Transitional Constitutional Act provides equal status and 
protection for all citizens, without distinction based on sex, origin, 
ethnicity, religion, or opinion. However, the Government failed to 
implement effectively the act's provisions. The Tutsi-dominated 
government and army discriminate against Hutus. State discrimination 
against Hutus, who constitute an estimated 85 percent of the 
population, affects every facet of society, but most strikingly higher 
education and certain branches of the Government such as the armed 
services and the judicial system. The President and the Tutsi-dominated 
army retain their dominance in decision making and have not initiated 
genuine power sharing.
Section 6. Worker Rights
    a. The Right of Association.--The Labor Code protects the rights of 
workers to form unions, although the army, gendarmerie, and foreigners 
working in the public sector are prohibited from union participation. 
Most union workers are urban civil servants.
    According to the Confederation of Free Unions of Burundi (CSB), an 
umbrella trade union, 60 percent of the 80,000 formal private sector 
employees are unionized. All employees in the public sector, except 
those prohibited by law, are unionized.
    Since gaining independence from the Government in 1992, the CSB has 
been dependent financially on a system of checkoffs, as are local 
unions. In 1995 a rival umbrella trade union, the Confederation of 
Burundi Unions (COSEBU) was founded. Both COSEBU and the CSB 
represented labor in collective bargaining negotiations in cooperation 
with individual labor unions during the year.
    Tutsis dominate the formal sector of the economy and the unions.
    The Labor Code permits the formation of additional unions or 
confederations outside the CSB. When settling disputes in which more 
than one labor union is represented, the law stipulates that the 
Minister of Labor must choose the union representing the greatest 
number of workers to participate in the negotiations.
    The Labor Code provides workers with a restricted right to strike. 
The restrictions on the right to strike and to lock out include: All 
other peaceful means of resolution must be exhausted prior to the 
strike action; negotiations must continue during the action, mediated 
by a mutually agreed upon party or by the Government; and 6 days' 
notice must be given. The law prohibits retribution against workers 
participating in a legal strike, and this provision is respected. 
Strikes by telecommunications and social security workers took place 
without government intervention.
    Unions are able to affiliate with international organizations.
    b. The Right to Organize and Bargain Collectively.--The Labor Code 
recognizes the right to collective bargaining, formerly acknowledged 
only by ordinance. Since most workers are civil servants, government 
entities are involved in almost every phase of labor negotiations.
    Public sector wages are set in fixed scales in individual contracts 
and are not affected by collective bargaining. In the private sector, 
wage scales also exist, but individual contract negotiation is 
possible.
    The Labor Code gives the Labor Court jurisdiction over all labor 
dispute cases, including those involving public employees. Negotiations 
are conducted largely under the supervision of the tripartite National 
Labor Council, the Government's highest consultative authority on labor 
issues. The Council represents government, labor, and management and is 
presided over and regulated by the Minister of Labor.
    The Labor Code prohibits employers from firing or otherwise 
discriminating against a worker because of union affiliation or 
activity. This right is upheld in practice.
    There are no functioning export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
the performance of forced or compulsory labor by adults or children; 
however, soldiers guarding internally displaced persons sites often 
require inhabitants to cook, fetch water, chop wood, and perform other 
chores without compensation. The rebels also require peasants to 
perform uncompensated labor, including the transport of supplies and 
weapons. Apart from these situations, forced labor is not known to 
occur. There were no reports of forced child labor.
    d. Status of Child labor Practices and Minimum Age for 
Employment.--The Labor Code states that children under the age of 16 
cannot be employed by ``an enterprise'' even as apprentices, although 
it also states that they may undertake occasional work that does not 
damage their health or interfere with their schooling. In practice, 
children under age 16 in rural areas do heavy manual labor during the 
daytime in the school year.
    The minimum age for military service is 18, but there are believed 
to be some children below that age in the army.
    Children are prohibited legally from working at night, although 
many do so in the informal sector. Most of the population lives by 
subsistence agriculture, and children are obliged by custom and 
economic necessity to participate in subsistence agriculture, family-
based enterprises, and the informal sector. The law prohibits forced 
and bonded labor by children, and the Government enforces this 
prohibition effectively (see Section 6.c.).
    e. Acceptable Conditions of Work.--The formal minimum wage for 
unskilled workers is $0.27 (160 francs) per day in the cities of 
Bujumbura and Gitega, and $0.23 (140 francs) in the rest of the 
country, with a graduated scale for greater skill levels. This amount 
does not allow a worker and family to maintain a decent standard of 
living, and most families rely on second incomes and subsistence 
agriculture to supplement their earnings. A 1997 survey of day labor 
wage rates in nine provinces by an international organization revealed 
that actual wages ranged upward from the equivalent of $0.30 per day.
    Unionized employees, particularly in urban areas, generally earn 
significantly more than the minimum wage. Public sector wages are set 
by agreement between the government and either the CSB or COSEBU.
    The Labor Code stipulates an 8-hour workday and a 40-hour workweek, 
except in cases where workers are involved in activities related to 
national security. Supplements must be paid for overtime. Foreign 
workers are protected by law and are not subject to discrimination.
    The Labor Code establishes health and safety standards that require 
an employer to provide a safe workplace and assigns enforcement 
responsibility to the Minister of Labor. However, the Ministry does not 
enforce the code effectively. Health and safety articles in the Labor 
Code do not address directly workers' rights to remove themselves from 
dangerous tasks.
    f. Trafficking in Persons.--No law was known specifically to 
prohibit trafficking in persons, although abduction and imposition of 
involuntary servitude have been serious crimes since the colonial era. 
There were no reports of trafficking in persons during the year.
                                 ______
                                 

                                CAMEROON

    Cameroon is a republic dominated by a strong presidency. Since 
independence, a single party, now called the Cameroon People's 
Democratic Movement (CPDM), has remained in power and limited political 
choice. In October 1997, CPDM leader Paul Biya won reelection as 
President in an election boycotted by the three main opposition 
parties, marred by a wide range of procedural flaws, and generally 
considered by observers not to be free and fair. Although the 
Government legalized opposition parties in 1990 after widespread 
protests, most subsequent elections, including the May 1997 legislative 
elections, which were dominated by the CPDM, were flawed by numerous 
irregularities. International and local observers generally consider 
the election process, which is controlled by the Government's Ministry 
of Territorial Administration, as not free and fair. No President has 
ever left office in consequence of an election. The President retains 
the power to control legislation or to rule by decree. In the National 
Assembly, government bills take precedence over other bills, and no 
bills other than government bills have been enacted since 1991, 
although legislation proposed by the Government sometimes has not been 
enacted by the Assembly. The President repeatedly has used his control 
of the legislature to change the Constitution. The 1996 Constitution 
lengthened the President's term of office to 7 years, while continuing 
to allow Biya to run for a fourth consecutive term in 1997 and making 
him eligible to run for one more 7-year term in 2004. The Government 
has taken no formal action to implement other 1996 constitutional 
changes that provide for new legislative institutions, including a 
partially elected senate and elected regional councils, and a more 
independent judiciary, even though the President had announced in 1997 
that most of these reforms would be implemented in 1998. Although the 
country's first local government elections were held in 1996, President 
Biya limited their scope by expanding the number of municipal 
governments headed by presidentially appointed ``delegates'' rather 
than permitting the election of mayors, especially in pro-opposition 
regions. The Government remained highly centralized. The judiciary is 
subject to political influence and suffers from corruption and 
inefficiency.
    Internal security responsibilities are shared by the national 
police (DGSN), the National Intelligence Service (DGRE), the 
gendarmerie, the Ministry of Territorial Administration, military 
intelligence, the army, and to a lesser extent, the Presidential Guard. 
The police and the gendarmerie have dominant roles in enforcing 
internal security laws. The security forces, including the military 
forces, remain under the effective control of the President, the 
civilian Minister of Defense, and the civilian head of police. The 
security forces continued to commit numerous serious human rights 
abuses.
    The country's population of about 15 million had a recorded mean 
per capita Gross National Product (GNP) of about $590. Following nearly 
a decade of economic decline, economic growth resumed in 1994 and 
subsequently has continued, due chiefly to large public sector salary 
cuts, a 50 percent currency devaluation, stabilization of terms of 
trade, and increased external preferential financing and debt relief. 
In recent years, recorded mean per capita GNP growth has averaged about 
2 percent a year in real terms. However, economic recovery continues to 
be inhibited by a large inefficient parastatal sector, excessive public 
sector employment, growing defense and internal security expenditures, 
and by the Government's inability to collect internal revenues 
effectively, especially in economically important pro-opposition 
regions. Widespread corruption in government and business also impedes 
growth. The civil service and the management of state-owned businesses 
have been dominated by members of the Beti and Bulu ethnic groups. The 
majority of the population is rural, and agriculture accounts for 25 
percent of GNP. Principal exports include timber, coffee, cocoa, 
cotton, bananas, and rubber. The Government also continued to receive 
substantial assistance from international financial institutions.
    The Government's human rights record continued to be generally 
poor, and government officials continued to commit numerous serious 
abuses. Citizens' ability to change their government remained limited. 
Security forces committed numerous extrajudicial killings; reportedly 
were responsible for disappearances, some of which may have been 
politically motivated; and tortured and often beat and otherwise abused 
detainees and prisoners, generally with impunity. However, the 
Government prosecuted some of the most egregious offenders; policemen 
were convicted and sentenced to prison terms for several extrajudicial 
killings, although the sentence in at least one case was reduced 
greatly on appeal. Conditions remained harsh and life threatening in 
almost all prisons, although the Government granted international 
humanitarian organizations increased access to prisoners. Security 
forces continued to arrest and detain arbitrarily various opposition 
politicians, local human rights monitors, and other citizens, often 
holding them for prolonged periods, often without charges or chance for 
trial and, at times, incommunicado. Security forces conducted illegal 
searches and harassed citizens. The judiciary remained corrupt, 
inefficient, and subject to political influence. A military tribunal 
exercised criminal jurisdiction over civiliansand denied them fair 
trials. The Government infringed on privacy and monitored and harassed 
some opposition activists. The Government continued to impose some 
limits on press freedom. Although private newspapers enjoyed 
considerable latitude to publish their views, journalists continued to 
be subject to serious official harassment. Unlike previous years, there 
were no reports that the Government seized newspaper editions; however, 
the Government continued its prosecutions of pro-opposition journalists 
under criminal libel laws. The Government continued to obtain 
convictions against several journalists under these laws. A 1996 law 
revoked formal press censorship and moved supervision of the press from 
the administrative authorities to the courts, but the Government has 
not yet implemented a 1990 law designed to end its virtual monopoly of 
domestic broadcast media. The Government sometimes restricted freedom 
of assembly and association. At times the Government used its security 
forces to inhibit political parties from holding public meetings. 
Government security forces limited freedom of movement and at times 
impeded the activities of nongovernmental organizations (NGO's). 
Violence and discrimination against women remained serious problems. 
Female genital mutilation (FGM) persisted in some areas. Discrimination 
against indigenous Pygmies continued. Societal discrimination based on 
religion persisted in some areas. Discrimination against ethnic 
minorities remained widespread. The Government continued to infringe on 
workers' rights, and restricted the activities of independent labor 
organizations. Child labor remained a problem. Slavery reportedly 
persisted in parts of northern Cameroon. Forced labor and child labor, 
including forced child labor, were problems. There were reports of 
trafficking in persons. Mob violence continued to result in some 
deaths.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
confirmed reports of political killings; however, the security forces 
continued to use excessive, lethal force against private citizens and 
committed numerous extrajudicial killings.
    On the night of January 18-19, in the Yaounde neighborhood of Cite 
Verte, a gendarmerie captain named Angoula shot and killed Yves Atiback 
following a dispute. Captain Angoula was arrested and charged with 
murder. At year's end, he was detained in the Yaounde Central Prison, 
where he was awaiting trial.
    On February 4, villagers in Bali in the Northwest Province seized 
three young Fulani shepherds, Issa Adamaou, Salihou Sinbo, and Idrissou 
Kari, and killed them by burning them alive without trial. The 
villagers allegedly acted on the orders of the Fon of Bali, the local 
traditional ruler, who reportedly accused the shepherds of having 
stolen two of the Fon's cows. Police arrested seven individuals in 
connection with these killings, but by year's end their trial had not 
begun. The Fon of Bali was not arrested or detained.
    In March, Denis Nzidchem, a detainee in Douala's New Bell Prison, 
died of injuries inflicted by Douala police and prison guards after 
they apprehended Nzidchem following his escape the previous day.
    In a September bar fight over a woman, three members of the 
Presidential Guard beat to death Theophole Mbasi Ombe. Ombe died on 
September 24 in Obala Hospital.
    There was a media report that in October, Frederic Djomeli died of 
internal bleeding in the hospital in Bafang in Haut-Nkam Division of 
the West Province, shortly after he was released from police custody 
and found bleeding and unconscious on a street. According to the media 
report, his family filed suit against Police Superintendent Simon 
Menzoui, alleging that police officers tortured Djomeli on Menzoui's 
orders after arresting him on suspicion of having stolen windshields 
from parked motor vehicles.
    Credible reports by the press and the Maroua-based Movement for the 
Defense of Human Rights and Liberties (MDHRL), one of the few operating 
human rights organizations in the Far North province, describe a large 
but undetermined number of extrajudicial killings perpetrated by a 
special antigang gendarmerie unit tasked with combating highwaymen. 
This unit was created under the direct authority of the Minister of 
Defense and operates outside the normal chain of command for law-and-
order units. While some armed suspects were killed in firefights with 
law-and-order forces, there were credible reports that others caught in 
dragnet operations were executed summarily. Families of the deceased 
and human rights NGO's have accused the head of this unit, Colonel Pom, 
of extrajudicial killings of innocent locals. The MDHRL estimated that 
between 300 and 800 persons have been killed since the beginning of 
1998. The Government's NationalCommission on Human Rights and Freedoms 
(NCHRF) confirmed this estimate of the number of killings, although it 
has been unable to determine the exact number of persons killed, since 
many of the victims' families are too frightened to speak with human 
rights groups. At least one private newspaper, the Douala-based 
biweekly Mutations, also reported in 1998 that security forces 
summarily executed hundreds of alleged highway robbers in northern 
Cameroon during recent years.
    Numerous prisoners died in custody due to abuse inflicted by 
members of the security forces or harsh prison conditions and 
inadequate medical treatment (see Section 1.c.). Samuel Muko, one of 
several Anglophones arrested in the Northwest Province in September 
1998 on suspicion of manufacturing guns and subsequently detained in 
Bafoussam Central Prison in the West Province, died in the Gendarmerie 
Hospital in Bafoussam in October reportedly as a result of mistreatment 
allegedly including torture and starvation in prison. Muko allegedly 
weighed only 100 pounds when he died. According to reliable reports, at 
least eight detainees held after March 1997 attacks on government 
installations in Northwest Province died from abuse or illness and 
inadequate care since their imprisonment (see Section 1.c.). According 
to a human rights group in Bamenda, Patrick Jimbou died in Yaounde's 
Jamot Hospital on June 28 after a lengthy illness due to poor treatment 
in prison, and Laurence Fai died on August 31, 1998.
    In May U.N. Commission on Human Rights Special Rapporteur Nigel 
Rodley investigated torture and extrajudicial killings in the Far North 
Province (see Sections 1.c. and 4), but the conclusions of his trip and 
final report were not made public during the year.
    On June 10, at the conclusion of a judicial process that began in 
January, the Douala Higher Instance Court upheld the conviction of 
policeman Noe Nguene and sentenced him to 20 years in prison for having 
shot and killed Alain Tuno Fossi, a 28-year-old Douala-based 
businessman, at a roadblock in July 1998. Fossi's funeral procession 
had been joined by a group of Douala residents protesting police 
brutality.
    On September 29, 1998, Thomas Ngoh, an Anglophone barkeeper, died 
while in detention by gendarmes in the town of Wum in the Northwest 
Province. According to a post mortem report by a doctor of Wum Main 
Hospital, Ngoh died of a fracture of the sternum, and his corpse also 
had several other broken bones, was missing toenails that had been 
pulled out, and had large injuries on the back and buttocks as well as 
candle wax drippings on parts of the body. Ngoh had been detained on 
September 27 by gendarmes, one of whom, Martin Nzeffe, had left his 
service pistol overnight at Ngoh's bar, from which it allegedly was 
stolen. In October manslaughter charges were filed against Nzeffe and 
another gendarme, Singa Docta, who were detained in Baffoussan Prison 
awaiting trial as of year's end.
    On December 28, 1998, Police Inspector Gaston Ndjere shot and 
killed 20-year-old Guy Herv Diesse at the gate of Diesse's family house 
in Bafoussam. The shooting followed a fight between Diesse and four 
other men, including Ndjere and policeman Yves Marie Ngongang. Ndjere 
and Ngongang were arrested. The Bafoussam Higher Instance Court 
convicted Njere of murder and on August 2 sentenced him to life 
imprisonment and ordered the Government to pay damages equivalent to 
about $36,000 to Diesse's family. Ngongang, too, was tried but was 
acquitted and released.
    On February 9, the Yaounde Court of Appeals ruled on the cases of 
former Police Commissioner Joseph Nsom Bekoungou and Police Inspector 
Jacques Bama, both of whom a lower court had convicted in 1998 in 
connection with the November 1997 death of a robbery suspect in their 
custody, Emile Maah Njock, after interrogating officers beat him and 
applied an electric iron to his genitals and other parts of his body 
during a 3-day effort to extract a confession. From ``complicity in 
torture,'' the charges against Bekoungou were lowered to ``omission to 
provide assistance.'' This resulted in his 6-year jail term being 
reduced to a 1-year jail term and a fine. The same appeals court 
reduced Bama's prison term from 10 to 8 years, declared the DGSN 
responsible for the death, and ordered the Government to pay damages to 
Njock's family.
    There were no known developments in three apparently unclosed 1998 
cases: The reported January 1998 police killing of Serge Francois 
Massoma; the June 1998 police killing of a 17-year-old male during 
racial violence against whites in Yaounde; the June 1998 police 
shooting of truck driver Jean-Marie Penga at a roadblock in Douala.
    There continued to be no developments in the 1997 security force 
killing of Faustin Fetsogo and of five persons killed in 1997 during 
opposition politician Koulagne Nana's election campaign following a 
skirmish with the forces of a traditional ruler loyal to the ruling 
party.
    Ethnic conflicts in rural areas continued to generate occasional 
mass violence in at least one instance (see Sections 1.c. and 5),but 
there were no reports of deaths due to such violence during the year.
    Mob violence and summary justice directed against suspected thieves 
and those suspected of practicing witchcraft and other crimes 
reportedly continued to result in a number of deaths and serious 
injuries. Although the number of reported cases of mob killings 
appeared to diminish in major cities during the year, such incidents 
reportedly have continued in rural areas in recent years. In one case 
during the year, a mob lynched an alleged chicken thief. The burning to 
death of three Fulani shephers in Bali in connection with an alleged 
cattle theft also appeared to involve elements of mob violence.
    b. Disappearance.--There were reports of disappearances of persons 
in the custody of security forces; there had been no such reports in 
previous recent years. Some of these reported disappearances may have 
been politically motivated.
    A spokesman for a Chadian political party stated in a radio 
interview that in July, Chadian political refugees Jim Temba and El 
Hadj Bakeye, who had been living in the northern part of the country, 
were summoned by Cameroonian security forces and were never seen again. 
Local human rights monitors have judged this report credible.
    A number of Chadian herders were reported as disappeared and 
presumed killed.
    The family of truck driver Mahamat Oumar was unable to find him 
between September 25, when elements of the special gendarmerie antigang 
unit based in the Far North Province arrested him, and year's end.
    The Government had not initiated any public investigation of any of 
these disappearances by year's end.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Penal Code proscribes torture, renders inadmissible in 
court evidence obtained thereby, and prohibits public servants from 
using undue force against any person; however, although President Biya 
also promulgated a new law in 1997 that bans torture by government 
officials, there were credible reports that security forces continued 
to torture, beat and otherwise abuse prisoners and detainees. In New 
Bell and other nonmaximum-security penal detention centers, beatings 
are common and prisoners reportedly are chained or flogged at times in 
their cells. However, the authorities often administer beatings not in 
prison facilities but in temporary detention areas in a police or 
gendarme facility. Two forms of physical abuse commonly reported to be 
inflicted on detainees include the ``bastinade,'' in which the victim 
is beaten on the soles of the feet, and the ``balancoire,'' in which 
the victim, with his hands tied behind his back, is hung from a rod and 
beaten, often on the genitals. Nonviolent political activists often 
have been subjected to such punitive physical abuse during brief 
detentions following roundups of participants in antigovernment 
demonstrations or opposition party political rallies.
    Security forces subject prisoners and detainees to degrading 
treatment that includes stripping, confinement in severely overcrowded 
cells, and denial of access to toilets or other sanitation facilities. 
Police and gendarmes often beat detainees to extract confessions and 
the names and whereabouts of alleged criminals. Pretrial detainees 
sometimes are required, under threat of abuse, to pay so-called ``cell 
fees'' (essentially a bribe to the prison guards to prevent further 
abuse).
    Government officials at the Nkondengui and Mfou production prisons 
near Yaounde continued to inflict severe physcial abuse on the 
incarcerated survivors of the Anglophones who were arrested in a 
security force dragnet following armed attacks in March 1997 on 
government facilities in the Northwest Province (see Section 1.e.). Two 
individuals acquitted of the same charges by a military tribunal in 
1997 and released in 1998, alleged that they had been tortured 
repeatedly, often by flogging, at the garrison of the Lakeside 
gendarmerie company in Yaounde. The Anglophone detainees have argued 
consistently that their original confessions were extracted through 
torture. Such torture ranged from severe beating to being forced to 
walk on sharp objects while barefoot. One of these detainees had to 
have all of his toes removed due to the extent of his injuries from 
bastinade torture. Although the military court that tried these 
detainees allowed them to state these charges, it did not rule the 
testimony extracted through torture as inadmissible.
    On January 17, in the Yaounde neighborhood of Melen, a group of 
armed men, one of whom had identified himself as working for a 
``colonel,'' shot at Hilaire Tshudjo Kamga, secretary general of 
Conscience Africaine, a human rights NGO, and ran his car off theroad 
in a car chase, inflicting injuries that required hospitalization. The 
attack came shortly after Kamga received several telephone calls 
threatening his life in connection with his human rights work (see 
Section 4).
    On May 11 in Buea, the capital of the Anglophone South West 
Province, four gendarmes in plain clothes dragged Martin Zacharia 
Njeuma, a university professor of history, out of his vehicle, and beat 
him severely. Although authorities subsequently indicated that this was 
a case of mistaken identity, police authorities took no disciplinary 
action. Mr. Njeuma reportedly attempted to pursue a court case against 
the gendarmes.
    In October in Bafoussam in the West Province, gendarmes using 
batons publicly beat four employees of the Bafoussan urban council 50 
times each on the soles of their feet. The public beating reportedly 
was ordered without any judicial process by provincial governor Admadou 
Tidjani, also known as ``Pinochet'' among inhabitants of the West 
Province. The four urban council employees reportedly had fought with a 
taxi driver in the course of manning a road checkpoint that the locally 
elected but revenue-poor opposition-dominated urban council continued 
to maintain in order to enforce revenue-generating local traffic 
ordinances after the governor, a central government appointee, had 
ordered it dismantled (see Section 3).
    It was learned during the year that on September 29, 1998, an 
Anglophone barkeeper died while in detention, reportedly as a result of 
torture by gendarmes in the town of Wum in the Northwest Province; two 
gendarmes reportedly were facing manslaughter charges in connection 
with this killing (see Section 1.a.).
    In October an Anglophone man detained in Bafoussam since September 
1998 on suspicion of manufacturing guns died of mistreatment reportedly 
including starvation and torture, and allegedly weighing only 100 
pounds at his death (see Section 1.a).
    There was a media report that in October in Bafang in the West 
Province, a man detained by police on suspicion of having stolen 
windshields from parked motor vehicles died from massive internal 
bleeding shortly after being released from police custody (see Section 
1.a.). However, initial investigation could not confirm this report.
    Seke Columban, the police commissioner in Guider, in North 
Province, beat Madi Baddai both while arresting him in a nightclub on 
September 14, and during a subsequent 4-day detention, causing serious 
injuries. The Commissioner reportedly became enraged with Madi Baddai 
after Madi Baddai inadvertently touched the commissioner at the night 
club; refusing to accept Madi Baddai's apologies, the commissioner 
reportedly dragged him to the police station while continuing to beat 
him. Although Madi Baddai filed charges against the commissioner, no 
action against him had been taken by year's end (see Section 1.d.).
    In November police in Yaounde beat on the soles of their feet 
several persons whom they were detaining without charge at a district 
police station (see Section 1.d.).
    Security forces harassed and threatened journalists (see Section 
2.a.).
    Security forces frequently used roadblocks to exact bribes or 
thwart opposition political activities (see Section 2.d.).
    On February 22, the Douala Military Tribunal convicted of breach of 
orders causing bodily harm and destruction an undisclosed number of 
personnel of the 21st Navy Battalion who in January 1998 broke into a 
church in Douala, beat and stabbed the priest and several youths, raped 
young women, and stole funds. The tribunal sentenced them to 1 years' 
imprisonment with no possibility of remission. At year's end, the Buea 
military tribunal was preparing to try the commander of the 11th Navy 
Battalion and two noncomissioned officers in conncection with looting 
and alleged beatings and rapes of civilians by naval cadets in the 
Anglophone Southwest Province port of Limbe in November 1998. There 
were no developments in other 1998 cases of nonlethal violence by 
security forces.
    On June 22, there was an incident of tribal violence in the 
Northwest Province, where there was a land dispute involving the Awings 
and the Balighams. Several people were injured in the conflict, before 
the dispute was finally settled by the Northwest Fons Conference 
(NOWEFCO) (see Section 5).
    Prison conditions remained harsh. Prisons are seriously 
overcrowded, unsanitary, inadequate, especially outside major urban 
areas. Serious deficiencies in food, health care, and sanitation due to 
a lack of funds are common in almost all prisons, including in 
``private prisons'' in the north operated by traditional rulers. 
Prisoners are kept in dilapidated colonial-eraprisons, where the number 
of detainees is four to five times the original capacity. Health and 
medical care are almost nonexistent, and prisoners' families are 
expected to provide food for their relatives in prison. Prison 
officials torture, beat, and otherwise abuse prisoners (see Section 
1.c.). Prisoners routinely die due to harsh prison conditions and 
inadequate medical treatment. In Douala's New Bell Prison, there were 
only seven water taps for a reported 2,300 prisoners; this contributed 
to poor hygiene, illness, and deaths. In New Bell and other nonmaximum-
security penal detention centers, families are permitted to provide 
food and medicine to inmates. However, beatings are common. Prisoners 
reportedly are chained or flogged at times in their cells and often are 
denied adequate medical care.
    Credible press reports indicate that Douala's New Bell prison, 
originally built for 600 inmates, held more than 2,300 during the year. 
A 1997 report on prison conditions indicated that Bertoua Prison, which 
was built to hold 50 detainees, housed over 700 persons. The Kondengui 
Central Prison in Yaounde, constructed in 1967 to hold 1,500 inmates, 
reportedly held more than twice that number during the year. The 
government official in charge of prisons, Antar Gassagay, reportedly 
said in June that the Central Prison of Bafoussam, built for 320 
inmates, held 3,140 persons. Overcrowding is exacerbated by the large 
number of long pretrial detentions and the practice of ``Friday 
arrests'' (see Section 1.d.). According to credible press reports, more 
than 1,400 of the inmates of the Douala prison were pretrial detainees, 
whereas only 900 were convicted prisoners.
    Juveniles and nonviolent prisoners often are incarcerated with 
violent adults, although not usually in the same cells. There are 
credible reports of sexual abuse of juvenile prisoners by adult 
inmates. Corruption among prison personnel is widespread. Persons 
awaiting trial often are held in cells with hardened criminals. There 
are few detention centers for women; women routinely are held in prison 
complexes with men, occasionally in the same cells. Some high-profile 
prisoners are able to avoid some of the abuse that security forces 
routinely inflict on many common criminals. They are held in elite 
wings of certain prisons, where they enjoy relatively lenient 
treatment.
    Numerous NGO's, diplomatic missions, and the NCHRF all have 
criticized publicly the conditions of the group of Anglophone detainees 
arrested in 1997. One reliable report described 28 detainees sharing a 
cell measuring 14 square meters (about 140 square feet). At least eight 
of the original detainees reportedly have died from abuse or lack of 
medical care: Emmanuel Konseh, Samuel Tita, Mathias Gwei, Neba Ambe, 
Mado Nde, Richard Fomusoh Ngwa, Patrick Jimbou, and Lawrence Fai.
    In the north, the Government permits traditional Lamibe (chiefs) to 
detain persons outside the government penitentiary system, in effect in 
``private prisons.'' The places of detention in the palaces of the 
traditional chiefs of Rey Bouba, Gashiga, Bibemi, and Tcheboa have the 
reputation of seriously mistreating their inmates. Members of the 
National Union for Democracy and Progress (UNDP) party, which was in 
opposition until late 1997, have alleged that other UNDP members have 
been detained in these private jails and that some have died from 
mistreatment.
    Both the Cameroonian Red Cross and the NCHRF visited prisons only 
infrequently during the year. However, the International Committee of 
the Red Cross (ICRC) began to visit prisons on March 1, pursuant to a 
December 1998 agreement with the Government under which the ICRC was to 
have free access to all detention centers and prisons, have private 
discussions with the inmates, and make repeated or unscheduled visits 
(see Section 4). Although the ICRC does not release its findings 
publicly, the Government generally complied with its agreement with the 
ICRC, which had not conducted prison visits in the country during the 
previous 7 years due to dissatisfaction with the limited access allowed 
by the Government. However, despite government assurances that he would 
have free access to such sites, officials denied U.N. Special 
Rapporteur for Human Rights Nigel Rodley access in May to holding cells 
operated by the Government's special antigang unit (see Sections 1.a. 
and 1.b.).
    d. Arbitrary Arrest, Detention, or Exile.--The Penal Code requires 
that an arrest warrant be required for any arrest, except when the 
criminal is caught in the act; however, security forces continued to 
arrest and detain citizens arbitrarily. The Penal Code also stipulates 
that detainees be brought promptly before a magistrate; however, 
arbitrary, prolonged detention remained a serious problem, as security 
forces often failed to bring detainees promptly before a magistrate and 
sometimes held them incommunicado for months or even years.
    Police legally may detain a person in custody in connection with a 
common crime for up to 24 hours, renewable three times, before bringing 
charges. However, the law provides for the right to a judicial review 
of the legality of detention only in the twoAnglophone provinces. 
Elsewhere, the French legal tradition applies, precluding judicial 
authorities from acting on a case until the administrative authority 
that ordered the detention turns the case over to the prosecutor. After 
a magistrate has issued a warrant to bring the case to trial, he may 
hold the detainee in administrative or ``pretrial detention'' 
indefinitely, pending court action. Such detention often is prolonged, 
due to the understaffed and mismanaged court system. Furthermore, a 
1990 law permits detention without charge by administrative authorities 
for renewable periods of 15 days, ostensibly in order to combat 
banditry and maintain public order. Persons taken into detention 
frequently are denied access to both legal counsel and family members. 
The law permits release on bail only in the Anglophone provinces, where 
the legal system includes features of British common law. Even there 
bail is granted infrequently.
    Government officials and security forces continued to use arbitrary 
arrest to harass and intimidate members of opposition parties and other 
critics of the Government. On April 14, gendarmes in the Mbam and 
Inoubou Division of the Center Province arrested Gilbert Ndengue 
Ndengue, the divisional leader of the Social Democratic Front (SDF), 
the country's leading opposition party, when Ndengue refused to comply 
with an order from the deputy mayor of Deuk, a member of the ruling 
CPDM party, to remove portraits of SDF National Chairman John Fru Ndi 
that were hanging in Ndengue's house. Ndengue was charged with 
``aggression'' and detained until December 12, when he was released on 
bail.
    On April 20, gendarmes arrested Francois Fofie, legal advisor to 
the Littoral Province executive committee of the SDF opposition party, 
at his hotel in Yaounde during a national convention of the SDF, for 
allegedly possessing an illegal weapon, even though Fofie reportedly 
has legal authorization to carrry a weapon. Gendarmes reportedly 
asserted that a company that Fofie manages is supplying the SDF with 
weapons to wage an armed insurrection. Fofie was detained for about 2 
months, then released.
    Starting on July 17, on orders of the Douala urban council, 
security forces arrested 70 homeless and mentally disabled persons who 
habitually lived in the streets of the city, in order to prevent French 
President Jacque Chirac from seeing them during his visit to the 
country the following week. The 70 persons were kept in custody in a 
special ward of the La Quintinie Public Hospital until released on July 
30. Some persons who were mistaken for homeless or mentally disabled 
persons also were arrested because they appeared to be part of the 
targeted group. Municipal officials in Yaounde also implemented a 
similar roundup in connection with the Chirac visit.
    On the night of September 14, in Guider, in North Province, Police 
Commissioner Seke Colomban, arrested Madi Baddai and detained him for 4 
days. The Commissioner reportedly became enraged with Madi Baddai after 
Madi Baddai inadvertently touched him, and the Commissioner beat him 
both in the night club and while in custody (see Section 1.c.).
    In November police in Yaounde arrested and briefly detained several 
persons, including journalist Norbert Ouendji, at a telephone kiosk, 
following an argument between the kiosk owner and the wife of the 
Minister of Territorial Administration. Several of those detained were 
beaten on the soles of their feet while they were held in a district 
police station (see Section 1.d.). No charges were filed against any 
police officers.
    Security forces harassed and occasionally detained journalists and 
beat demonstrators and members of human rights NGO's (see Sections 2.a. 
and 2.b.).
    Four Anglophones, Abel Achah Apong, Crispus Kennebie, John Kudi, 
and Zacque Njenta, have been in the Yaounde Central Prison since 1995, 
and a fifth, Etchu Wilson Arrey, since 1997. Each was incarcerated 
after signing or displaying a petition for a referendum on independence 
for the Anglophone provinces. At year's end, none of these detainees 
had been brought before a judge or charged with a crime.
    Nana Koulagne, a former member of the National Assembly and UNDP 
activist, has remained in prison in Garoua since May 1997, when members 
of the security forces attacked and arrested him and other activists of 
the then-opposition UNDP while he was campaigning for election in the 
North Province.
    Twelve refugees from Equatorial Guinea remained in offical 
detention at a military base at year's end, although in fact the 
Government allowed them substantial freedom of movement both on and off 
the base (see Section 2.d.).
    Police and gendarmes often arrest persons on spurious charges on 
Fridays at mid-day or in the afternoon. While the law provides for a 
judicial review of an arrest within 24 hours, the courts do not convene 
sessions on the weekend, so the detainee remains in prison at least 
until Monday. Police and gendarmes commonly accept bribes to make such 
``Friday arrests'' from persons who haveprivate grievances against the 
person arrested. There are no known cases of any policemen or gendarmes 
being sanctioned or punished for this practice.
    Government intimidation extends beyond the police stations and 
holding cells. In his efforts to combat highwaymen (``coupeurs de 
route''), Colonel Pom and his special antigang gendarmerie unit (see 
Section 1.a.) use informants to identify and accuse persons of taking 
part in highway robbery. Standards of proof for such accusations are 
nonexistent. Accusations occasionally have been used to pursue private 
grievances, and informants repeatedly have extorted money from innocent 
persons by threatening to accuse them of being bandits.
    The Government does not use forced exile. However, some human 
rights monitors or political opponents who considered themselves 
threatened by the Government have left the country voluntarily and 
declared themselves to be in political exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary remains highly subject to 
political influence and corruption. The court system remains 
technically part of the executive branch, subordinate to the Ministry 
of Justice. The Constitution specifies that the President is the 
guarantor of the legal system's independence. He also appoints judges 
with the advice of the Supreme Council of the Magistrature. However, 
during the 1990's, elements of the judiciary began to show some modest 
signs of growing independence. For example in 1992 the Supreme Court 
publicly itemized numerous flaws in President Biya's reelection. In 
1996 courts voided 18 municipal elections that the Ministry of 
Territorial Administration had declared won by ruling party candidates 
and ordered the Ministry to hold them again (see Section 3). Since 1997 
the courts repeatedly have used powers given them under the 1996 press 
law to order the Ministry of Territorial Administration to desist from 
seizing print runs of newspapers critical of the Government. However, 
an appeals court overturned a criminal libel conviction of journalists 
on the grounds that it violated 1990 legislation providing for freedom 
of the press (see Section 2.a.). However, some politically sensitive 
cases never are heard.
    The court system includes the Supreme Court, a court of appeals in 
each of the 10 provinces, and courts of first instance in each of the 
country's 58 divisions.
    Military tribunals may exercise jurisdiction over civilians not 
only when the President declares martial law, but also in cases 
involving civil unrest or organized armed violence. A law on the 
organization of the judiciary promulgated in 1998 also transferred to 
military tribunals jurisdiction over gang crimes, grand banditry, and 
highway robbery.
    The legal system includes both national law and customary law, and 
many cases can be tried using either. Customary law is based upon the 
traditions of the ethnic group predominant in the region and is 
adjudicated by traditional authorities of that group. Accordingly, 
particular points of customary law differ depending upon the region and 
the ethnic group where a case is being tried. In some areas, 
traditional courts reportedly continue to try persons accused of some 
offenses, such as practicing witchcraft, by subjecting them to an 
ordeal, such as drinking poison (see Section 2.c.). Customary courts 
may exercise jurisdiction only with the consent of both parties to a 
case; either party has the right to have any case heard by a national 
rather than a customary court, and customary law is supposed to be 
valid only when it is not ``repugnant to natural justice, equity, and 
good conscience.'' However, many citizens in rural areas remain unaware 
of their rights under civil law and have been taught since birth that 
customary laws form the rules by which they must abide. Consequently, 
traditional courts remain important in rural areas and serve as an 
alternative for settling disputes. Their authority varies by region and 
ethnic group, but they are often the arbiters of property and domestic 
disputes and may serve a probate function as well. Most traditional 
courts permit appeal of their decisions to traditional authorities of 
higher rank.
    Corruption and inefficiency in the courts remain serious problems. 
Justice frequently is delayed or denied before reaching the trial stage 
(see Section 1.d.). At trial political bias often brings trials to a 
halt or results in an extremely long process, punctuated by extended 
court recesses. Powerful political or business interests appear to 
enjoy virtual immunity from prosecution; some politically sensitive 
cases are settled with a payoff and thus never are heard. Private 
journalists, political opponents, and critics of the Government often 
are charged or held and sometimes jailed under libel statutes 
considered by observers as unduly restrictive of press freedom (see 
Section 2.a.). Prisoners may be detained indefinitely during pretrial 
proceedings.
    The legal structure is strongly influenced by the French legal 
system, although in the Anglophone provinces certain aspects of the 
Anglo-Saxon tradition apply. The Constitution provides for a fair 
public hearing in which the defendant is presumed innocent. Because 
appointed attorneys receive little compensation, the quality of legal 
representation for indigent persons is often poor. The Bar Association 
and some voluntary organizations, such as the Cameroonian Association 
of Female Jurists, offer free assistance in some cases. Trials are 
normally public, except in cases with political overtones judged 
disruptive of social peace.
    On March 1, police in Guider, in North Province, arrested and 
detained Mohamdou Tigele on robbery charges that allegedly were 
fabricated by Guider Police Commissioner Seke Colomban, who reportedly 
was his accomplice in a scheme to sell stolen motor bikes in Douala. 
Police beat him severely on March 15 (see Section 1.c.). Tigele 
subsequently was tried, convicted, and sentenced to two prison terms of 
5 and 8 years.
    During the year, the Minister of Culture sued Moise Moubitang for 
contempt. In 1998 Moubitang, a civil servant at the Ministry of 
Communications, was assaulted by the bodyguard of the Minister of 
Culture, arrested, and detained because he did not stop working when 
the visiting minister entered his work area. In July at the conclusion 
of a trial in which, according to Moubitang, he was not allowed to call 
any witnesses to testify on his behalf, a court gave Moubitang a 
suspended sentence of 3 years' imprisonment and ordered him to pay a 
fine equivalent to approximately $80.
    The Government holds a number of political prisoners; however, As 
in previous years, there were no reliable estimates of the number of 
political prisoners held at the end of the year.
    In April 1999, the Government began the trial of the 65 surviving 
Anglophones who had been detained, some for more than 2 years, on 
suspicion of participating in armed attacks against government 
installations in the Northwest Province in March 1997. This judicial 
process did not follow either international or national legal norms. 
The defendants were not told the specific charges levied against them 
until the opening of the trial. The Government transferred jurisdiction 
from a civil court to a military court on the grounds that the attacks 
were carried out with rifles, classified as ``weapons of war.'' In 
addition, the trial location was moved from the Northwest Province 
where the attacks occurred and where judicial proceedings must be 
conducted in English, to Yaounde, in the Center Province, where 
judicial proceedings are conducted in French, even though there was an 
acceptable court in the Northwest Province. Before and during the 
trial, the accused were incarcerated in detention centers far from 
their homes and families. Relatives who attempted to make the journey 
to Yaounde to visit the detainees were denied prison visits. The 
presiding judge allowed the written testimony of key government 
witnesses to stand without giving the defense the opportunity to cross-
examine them. Senior government officials did not refrain from making 
public comments on the merits of the case while it was being 
adjudicated; for example, on June 17, the Minister of Defense commented 
before the National Assembly that ``these people are nothing but grand 
bandits,'' and CRTV radio and television broadcast this remark 
nationwide. The tribunal admitted into evidence confessions credibly 
alleged in court to have been exacted under torture (see Section 1.c.). 
The prosecution generally did not produce eyewitnesses able to link 
each of the accused to the crimes, while other eyewitnesses offered 
contradictory testimony. In October the military tribunal convicted 37 
of the accused, sentencing 3 to life imprisonment and 34 to terms 
ranging from 1 to 20 years in prison. The tribunal acquitted the 28 
defendents, some of whom had been detained for 30 months, during which 
at least 8 of the persons originally arrested in this case died in 
custody, some of them as a result of torture inflicted on many of these 
detainees (see Section 1.c.). The tribunal declared itself incompetent 
to rule on two accused illegal Ghanaian immigrants. International human 
rights NGO's including Amnesty International issued public statements 
criticizing the trial as unfair.
    Titus Edzoa, former Minister of Health and longtime presidential 
aide, who had declared himself a candidate to oppose incumbent 
President Biya in the 1997 election, remains incarcerated, together 
with Michel Atangana, his campaign manager. They were sentenced in 1997 
to 15 years' imprisonment on embezzlement and corruption charges, for 
which Edzoa was arrested shortly after declaring his presidential 
candidacy (see Section 3). On April 27, the Yaounde Court of Appeals 
confirmed their convictions and their 15-year prison terms. At year's 
end, Edzoa reportedly still was held in confinement at the maximum 
security gendarmerie headquarters, in cramped quarters with very 
limited access to visitors.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The preamble of the Constitution provides for the 
inviolability of the home, for the protection against search except by 
virtueof law, and for the privacy of all correspondence; however, these 
rights are subject to the ``higher interests of the State,'' and there 
were a number of credible reports that police and gendarmes harassed 
citizens, conducted searches without warrants, and opened or seized 
mail. The Government continued to keep some opposition activists and 
dissidents under surveillance.
    The law permits a police officer to enter a private home during 
daylight hours without a warrant if he is pursuing an inquiry and has 
reason to suspect that a crime has been committed. The officer must 
have a warrant to make such a search after dark. However, a police 
officer may enter a private home at any time in pursuit of a criminal 
observed committing a crime.
    An administrative authority may authorize police to conduct 
neighborhood sweeps in search of suspected criminals or stolen or 
illegal goods without individual warrants. Such roundups are conducted 
frequently. During the year, as in 1998, sweeps involving forced entry 
into homes occurred in Yaounde, Douala, Ekondo Titi, Maroua, and 
Kousser. In cases where the police have a search warrant for a house or 
neighborhood, they have the authority to arrest persons without 
personal arrest warrant if they believe those persons are accomplices 
to a crime. Typically, security forces seal off a neighborhood, search 
homes one after another, arrest persons arbitrarily, and seize 
suspicious or illegal articles. A February 19 breakout by prisoners in 
the Douala Central Prison was followed by a broad house-to-house search 
operation through several Douala neighborhoods. During the search, 
citizens without identification papers were arrested or required to pay 
a bribe; many were forced to bribe officers to prevent destructive 
searches of their homes and seizure of any household item for which 
they did not possess a receipt.
    Central government administrative officials in pro-oposition 
regions reportedly continued to use units of the armed forces to 
conduct raids on civilian communities involving massive warrantless 
search and seizure operations, ostensibly intended to force the 
population to pay taxes, but characterized by some observers as 
extralegal punishment for failure to pay taxes. Throughout the 1990's, 
and most recently in October, government officials publicly have blamed 
opposition parties for the Government's inability to collect internal 
revenues effectively in the country's large and economically important 
pro-opposition regions.
    In November hundreds of persons lost their homes in the Kobba-
Bonaberi neighborhood of Douala when the Douala municipal government 
cleared the land, saying that the residents were illegal squatters, 
although some residents claimed to have permits signed by municipal 
officials.
    Security personnel at airports sometimes prevented persons carrying 
copies of domestically published private newspapers from traveling 
abroad (see Section 2.d). During the year the Government discontinued 
and reversed its 1998 intensification of restrictions on the reception 
of international and satellite broadcasts (see Section 2.a.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression and of the press; however, the Government 
continued to impose limits on these rights. The Penal Code's libel laws 
specify that defamation, abuse, contempt and dissemination of false 
news are offenses punishable by prison terms and heavy fines. These 
statutes sometimes are invoked by the Government to silence criticism 
of the Government and government officials.
    While approximately 60 private newspapers were published, only 
about 18 were published on a regular basis. Most continued to be highly 
critical of President Biya, his Government, its corruption, its human 
rights abuses, and its economic policies. However, private journalists 
continued to practice greater self-censorship than they did before the 
Government's 1994-95 crackdown on the private press.
    In 1996 the Government repealed the law that had authorized the 
Government both to censor private publications and extrajudicially to 
seize publications ``dangerous to public order'' or suspend newspapers' 
publication licenses. Previously, the Government often had taken these 
extrajudicial actions to inflict economic damage on newspapers critical 
of the Government and had done so especially often during election 
years.
    Since 1997 formal censorship has ceased. In addition seizures of 
print runs of private newspapers and other interference with private 
newspaper distribution appear to have become less frequent; the 
Government did not seize print runs of private newspapers or interfered 
with private newspaper distribution during the year. The Government 
also did not suspend or revoke the publication licenses of any 
newspapers during the year.
    However, security forces continued frequently to restrict press 
freedom by harassing or abusing private print media journalists .
    On April 12, gendarmes based at state-owned Yaounde General 
Hospital arbitrarily detained Marie-Noelle Guichi, a Yaounde 
correspondent of Le Messager, a Douala-based French-language triweekly 
newspaper, for 24 hours, after the head of the hospital accused the 
journalist, who was preparing an investigative report on artificial 
insemination, of being a spy. The following day gendarmes detained 
Guichi's colleague, Norbert Ouendji, after he came to the hospital to 
look for her.
    On May 31, security forces in Douala, acting on instructions from 
the Douala prosecutor, arrested Peter William Mandio, the publisher of 
the Douala-based Le Front Independent newspaper. Police detained Mandio 
for 24 hours on contempt charges related to an article on the Port 
Authority that his newspaper published; the article allegedly contained 
military information for which Mandio did not receive military 
clearance. The charges later were dropped.
    On July 22, gendarmes arrested Christophe Bobiokono, a journalist 
with Mutations, a Yaounde-based biweekly newspaper, without a warrant 
at the newspaper's Yaounde office, and held him for 24 hours, in 
connection with an article he had written about corruption allegedly 
involving the son of the Minister of Finance.
    The police commissioner, military officials, and gendarmes in the 
Ndian Division of the Southwest Province continued to harass Philip 
Njaru, correspondent for a Yaounde-based English-language triweekly 
newspaper, The Herald (see Section 1.c.), who has written articles 
about corruption involving government officials in the Northwest 
Province.
    Security forces repeatedly questioned the family of Aime Mathurin 
Moussy, head of the sporadically-published Douala-based newspaper La 
Plume du Jour, while Moussy was in France in May and June, in 
connection with Moussy's ongoing public criticism of government 
restriction of press freedom.
    In May Christian Ngah Mbipgo, the Fon (traditional ruler) of Kumbo, 
a small town in the Northwest Province, acting under traditional law at 
the request of the mayor of Kumbo, expelled the local correspondent of 
The Herald newspaper, Christian Ngah Mbipgo, who had written reports 
critical of the mayor.
    In May, after producing an audio cassette tape entitled ``Popol va-
t-en'' that poked fun at President Biya, Emmanuel Nyoungwa Kemta 
received multiple anonymous threatening phone calls and fled Yaounde to 
an undisclosed location.
    In June police acting under the instructions of a central 
government subprefect broke up a press conference in Douala organized 
by a human rights NGO, Solidarity for the Promotion of Human Rights 
(PRODHOP). The authorities subsequently banned the press conference, 
although PRODHOP had notified the competent administrative authority in 
advance. The police detained Dr. Samuel Mack-kit, the secretary general 
of the NGO, for 3 hours.
    Since 1996 the Government frequently has prosecuted its critics in 
the print media under the criminal libel laws. These laws authorized 
the Government, at its discretion and at the request of the plaintiff, 
to criminalize a civil libel suit, or to initiate a criminal libel suit 
in cases of alleged libel against the President and other high 
government officials. There continued to be allegations that government 
ministers and other high officials offered to drop criminal libel suits 
in exchange for cash payments from newspapers or journalists. During 
the year, the Government arrested, prosecuted, or convicted a number of 
members of the press on criminal libel charges. However, this practice 
declined in frequency and severity from previous years, apparently due 
in part to greater caution on the part of journalists.
    On February 18 the Yaounde Court of First Instance convicted 
opposition SDF party chairman John Fru Ndi and journalists Severin 
Tchounkeu and Henriette Ekwe of the prominent Douala-based triweekly 
newspaper, La Nouvelle Expression, on criminal libel charges. In late 
1998, former SDF official Basile Kandoum filed a libel suit against 
these three persons in connection with an interview published in La 
Nouvelle Expression in which Fru Ndi reportedly stated that Kandoum had 
embezzled party funds, and the state counsel initiated a criminal libel 
prosecution. The court sentenced the defendants to a suspended fine 
equivalent to about $80, and ordered them to pay symbolic damages of 
less than one cent to Kandoum.
    On June 8, the Bafia Court of First Instance sentenced Severin of 
Tchounkeu, publisher of La Nouvelle Expression, and Souley Onohiolo, a 
freelance journalist who published an article in thatnewspaper, to pay 
a fine equivalent to about $80 (50,000 CFA Francs) pursuant to a 
criminal conviction for libel and dissemination of false news. The 
court also order the two journalists to pay damages equivalent to about 
$133,000 (83 million CFA Francs). Tchounkeu and Onohiolo reportedly 
appealed the decision. Some observers indicated that if Tchounkeu loses 
his appeal, he may have to serve a prison sentence that was suspended 
in connection with a 1997 criminal libel conviction.
    On June 15, the Yaounde Court of First Instance sentenced Anselme 
Mballa, publisher of Le Serment, a sporadically-published, Yaounde-
based newspaper, to 6 months in prison, pursuant to a conviction for 
criminal libel of Denis Oumarou, Secretary of State for Posts and 
Telecommunications. Mballa's lawyer appealed the ruling. Mballa was 
detained on June 15 and remained in the military barracks of the 
Yaounde Central Prison.
    However, an appellate court judge provisionally released Michel 
Michaut Moussala, publisher of Aurore Plus, a Douala-based, French-
language biweekly, on the grounds that the court of first instance that 
had convicted him of criminal libel in 1998 had disregarded the 
applicability of the 1990 Law on Freedom of Mass Communication.
    There were no developments in several other outstanding criminal 
libel cases against private journalists.
    No new developments were reported in the following criminal libel 
cases, which were believed to be in appellate litigation during 1998: 
The 1996 conviction of Patrice Ndedi Penda, publisher of Galaxie; the 
1996 conviction of Samuel Eleme and Gaston Ekwalla, publisher and 
correspondent of La Detente; the 1996 convictions of Tietcheu Kameni, 
Paul Nyemb, and Eyoum Ngangue of Le Messager; and the conviction of 
Vianney Ombey Ndzana, publisher of Generations; however, all these 
newspapers were published during the year, and their licenses were no 
longer suspended at year's end.
    The Government publishes an official newspaper, The Cameroon 
Tribune. This paper only occasionally implies criticism of the 
Government; its reporters do not report extensively on activities or 
political parties critical of the Government, overtly criticize the 
ruling party, or portray government programs in an unfavorable light.
    The Government continued to operate almost all domestic broadcast 
media and to determine the content of radio and television broadcasts, 
which reach far more citizens than the domestic print media. Because of 
their relatively high cost, as well as distribution problems, 
newspapers are not read widely outside the major cities. In 1990 and 
again in 1995, laws were enacted that provided for the licensing of 
private radio and television stations, but the Government has not 
approved implementing regulations, despite repeated public promises to 
do so. In June the Minister of Communications stated that the 
implementing decrees were ready and were awaiting presidential 
approval; however, the President did not approve them by year's end. 
Since 1997 the Government for the first time has allowed limited 
exceptions to its monopoly of broadcast media: It has licensed five 
low-power rural community radio stations with extremely limited range, 
which are mostly funded by foreign countries, broadcast education-
oriented programs to small audiences, and are not allowed to discuss 
politics. In addition three private radio stations broadcast in Yaounde 
without licenses; one, Radio Reine, broadcasts Catholic religious 
programs. Radio Lumiere, broadcasts music out of a secondary school, 
Ndi Samba Superier, and also serves as a training center for journalism 
students. The third station, Radio Soleil, began operating in 
September. In March the Minister of Communications stated, on a CRTV 
radio broadcast, that such unlicensed stations operate ``at their own 
risk,'' although the Government took no action to close them. During 
the year, the Government discontinued and reversed its 1998 
intensification of restrictions on the reception of international cable 
and satellite television broadcasts (see Section 1.f.). Local 
authorities abandoned their insistence that private cable and satellite 
companies cease operations pending implementation of the 1990 law to 
liberalize the broadcast media.
    Like The Cameroon Tribune, the government-controlled radio and 
television monopoly, CRTV, provided broad reporting of CPDM functions, 
while giving relatively little attention to the political opposition. 
CRTV management, which repeatedly has instructed CRTV staff to ensure 
that government views prevail at all times in CRTV broadcasts, 
continued during the year to punish CRTV journalists who criticized 
government policy. In March management suspended Lazare Etoundi and 
Saint Lazare Amougou, two CRTV journalists, for broadcasting a 
Congolese artist's interview that sharply criticized the CRTV general 
manager's policies toward Congolese music. On May 27, the CRTV general 
manager suspended journalist Guy Roger Eba for failing to read all the 
congratulatory messages sent to President Biya by other heads of state 
around the world on the occasion of the country's nationalday. In June 
CRTV management suspended two CRTV journalists, Kenneth Asobo Khan and 
Daniel Anicet Noah, for reading a communique that was not approved by 
management concerning a meeting of the employees of the Ministry of 
Communication who wished to discuss difficulties that journalists face 
in dealing with the Government.
    Television and radio programming include a weekly program, 
Expression Directe, which ostensibly fulfills the Government's legal 
obligation to provide an opportunity for all political parties 
represented in the National Assembly to present their views. However, 
CRTV continued to restrict the opposition SDF party's freedom of 
expression through that program, routinely censoring and significantly 
shortening proposed SDF programming. For example, on June 17, and again 
on August 12 and 13, CRTV management refused to broadcast an SDF expose 
of corruption charges against President Biya involving a French oil 
company, and on September 9 and 10, CRTV censors deleted parts of SDF 
programming about a taxi drivers' strike.
    High-tech communications, including the Internet, e-mail, and 
satellite phones, are not widely available or utilized; however, a few 
cybercafes provide occasional Internet or e-mail access in some urban 
areas. There are at least six domestic Internet service providers, one 
of which has been in operation for 3 years. Some are privately owned. 
The Government has not attempted to restrict or monitor these forms of 
communications.
    Although there are no legal restrictions on academic freedom, state 
security informants operate on university campuses. Many professors 
believe that adherence to opposition political parties can affect 
adversely their professional opportunities and advancement. Free 
political discussion at the University of Yaounde is dampened by the 
presence of armed government security forces. Security forces have 
subjected Dr. Charley Mejame Ejede, a professor of philosophy at the 
University of Douala who is also national secretary of the Liberal 
Democratic Alliance political party, to prolonged harassment, 
presumably due to his political activism.
    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly; however, the Government sometimes restricts 
this right in practice. The Penal Code requires organizers of public 
meetings, demonstrations, or processions to notify government officials 
in advance; it does not require prior government approval of public 
assemblies, and does not authorize the Government to suppress public 
assemblies that it has not approved in advance. However, for many years 
government officials routinely have asserted that this provision of the 
Penal Code implicitly authorizes the Government to grant or deny 
permission to public assemblies, often have not granted permits to 
assemblies organized by persons or groups critical of the Government, 
and repeatedly have used force to suppress public assemblies whose 
organizers submitted advance notice as required by law but for which 
government authorities did not issue permits. The UNDP party in the 
Faro and Deo region of Adamaoua Province complained that local 
authorities repeatedly blocked their political activities by denying 
them permission to meet, even in private residences. The Government 
continued its pattern throughout the 1990's of allowing opposition 
political parties greater freedom of assembly during nonelection years 
than during election years.
    However, in February security forces prevented one of two groups of 
opposition SDF party officials from attending a meeting in Zoetele, a 
small town of the South Province, by erecting a roadblock. The other 
group of SDF officials attended the meeting, although government 
authorities cut off electricity to the meeting hall.
    On June 9, gendarmes and police charged university students who 
were demonstrating on the Yaounde-Soa road and beat many students with 
rifle butts and batons. The students were demonstrating for measures to 
make that dangerous stretch of road safer.
    On June 11 in Douala, police and gendarmes broke up a march to a 
state-owned radio station by retired workers protesting alleged 
nonpayment of benefits by the National Social Insurance Company; 
members of the security forces reportedly seized and destroyed 
demonstrators' signs and placards.
    In June in Doula security forces acting on orders from government 
authorities disrupted a public press conference by a human rights NGO 
(see Sections 2.a and 4).
    The law provides for freedom of association, and the Government 
generally respected this right in practice during the year, although 
there were some exceptions. The conditions for government recognition 
of a political party, a prerequisite for many political activities, 
were not onerous. Over 150 political parties operated legally, together 
with a large and growing number of civic associations. However, the 
Government was widely suspected of fomenting splits in the main 
opposition party, theSDF, as a pretext to withdraw official recognition 
from the main body of the party led by John Fru Ndi. In 1993, following 
a split in another opposition party, the Government withdrew official 
recognition from the main faction and conferred it on a smaller but 
more accommodating faction.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice.
    Relations between the State and religious groups are governed 
chiefly by the Law on Religious Congregations. Religious groups must be 
approved and registered with the Ministry of Territorial Administration 
in order to function legally; there were no reports that the Government 
refused to register any group. It is illegal for a religious group to 
operate without official recognition, but the law prescribes no 
specific penalties for doing so. Although official recognition confers 
no general tax benefits, it allows religious groups to receive real 
estate as gifts and legacies for the conduct of their activities. In 
order to register, a religious denomination must fulfill the legal 
requirement to qualify as a religious congregation. This definition 
includes ``any group of natural persons or corporate bodies whose 
vocation is divine worship'' or ``any group of persons living in 
community in accordance with a religious doctrine.'' The denomination 
then submits a file to the Minister of Territorial Administration. The 
file must include a request for authorization, a copy of the charter of 
the group that describes planned activities, and the names and 
respective functions of the officials of the group. The Minister 
studies the file and sends it to the presidency with a recommendation 
for a positive or negative decision. The President generally follows 
the recommendation of the Minister, and authorization is granted by a 
presidential decree. The approval process usually takes several years, 
due primarily to administrative slowness. The only religious groups 
known to be registered are Christian and Muslim groups and the Baha'i 
Faith, but other groups may be registered. The Ministry has not 
disclosed the number of registered denominations, but the number of 
registered religious groups is estimated to be in the dozens. The 
Government does not register traditional religious groups, on the 
grounds that the practice of traditional religions is not public but 
rather private to members of a particular ethnic or kinship group, or 
to the residents of a particular locality.
    Religious missionaries are present throughout the country and 
operate without impediment. Several religious denominations also 
operate diverse private schools. The Catholic Church, the largest 
religious denomination in the country, also operates the country's only 
private institution of general post-secondary education, as well as the 
country's oldest private radio station, one of the country's very few 
modern private printing presses, and a bimonthly newspaper, which until 
the 1990's was one of the only private newspapers in the country (see 
Section 2.a.).
    Although post-secondary education continues to be dominated by 
state institutions, private schools affiliated with religious 
denominations, including Catholic, Protestant, and Koranic schools, 
have long been among the country's best schools at the primary and 
secondary levels. The Ministry of Education is charged by law with 
ensuring that private schools run by religious groups meet the same 
standards as state-operated schools in terms of curriculum, building 
quality, and teacher training. For schools affiliated with religious 
groups, this oversight function is performed by the Sub-Department of 
Confessional Education of the Ministry's Department of Private 
Education.
    Disputes within registered religious groups about control of places 
of worship, schools, real estate, or financial assets are resolved in 
the first instance by the executive branch rather than by the 
judiciary. In November 1997, 81 of 87 churches of the Cameroon Baptist 
Conference (CBC) in the Belo Field District, in Boyo Division of 
Northwest Province, reportedly withdrew from the CBC and formed a new 
denomination, the Cameroon National Baptist Convention (CNBC). In March 
1998, the Ministry of Territorial Administration reportedly ordered 
CNBC clergy to cease using CBC facilities and to cease operating CBC 
schools. According to one media report, a 1997 Ministry of Education 
decision about the control and supervision of CBC-affiliated schools 
precipitated the withdrawal of the dissenting congregations.
    Government officials criticized and questioned criticisms of the 
Government by religious institutions and leaders, but there were no 
reports that Government officials used force to suppress such 
criticism. During the 1997 presidential election campaign, government 
representatives verbally attacked the Catholic Church for being overly 
supportive of the political opposition through its forthright criticism 
of corruption and mismanagement in government.The practice of 
witchcraft is a criminal offense under the national penal code; 
however, persons are generally prosecuted for this offense only in 
conjunction with some other offense, such as murder. Witchcraft 
traditionally has been a common explanation for diseases of which the 
causes were unknown.
    There was a media report that in September traditional authorities 
in Lobe, in Ndian Division of the Southwest Province, banished from the 
locality six persons, including one blind man, accused of having killed 
a woman by practicing witchcraft. According to the report, a 
traditional court tried the accused by requiring them to drink poison 
that traditionally is believed to kill only those who lie to the court, 
convicted the accused when they refused to drink, ordered them to pay 
in-kind, blood-price damages, and expelled them from the locality when 
they refused to pay. The accused reportedly filed a protest with the 
divisional officer of the central Government. However, initial 
investigations could not confirm this report.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law does not restrict freedom of 
movement within the country; however, in practice government security 
forces routinely impede domestic travel. Police frequently stop 
travelers to check identification documents, vehicle registrations, and 
tax receipts as security and immigration control measures. Police 
commonly demand bribes from citizens whom they stop at roadblocks or at 
other points.
    Roadblocks and checkpoints manned by security forces have 
proliferated in cities and most highways and make road travel both 
time-consuming and costly, since extortion of small bribes is 
commonplace at these checkpoints. In past years, violent and sometimes 
fatal confrontations have occurred repeatedly at such checkpoints when 
travelers would not or could not pay the bribes demanded by the 
security forces.
    During the year, unlike previous years, there were no reports that 
the Government used its passport control powers to prevent entry or 
exit from the country of critics and political opponents. However, 
security force personnel at airports sometimes prevented persons from 
traveling abroad if they had with them copies of private domestic 
newspapers (see Section 1.f.).
    Cameroon has long been a safe haven for displaced persons and 
refugees from nearby countries.
    The law contains provisions for granting refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government cooperates with the 
office of the U.N. High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in assisting refugees. The Government 
provides first asylum to persons who arrive at the border without 
documentation but who can show a valid claim to refugee status. The 
UNHCR estimated that there were about 47,000 refugees in the country 
for whom Cameroon was a country of first asylum. However, some NGO's 
claim that the number is as high as 60,000. The majority of these 
persons are Chadians, whose total number was estimated to be more than 
41,000. The remainder were principally from Rwanda, Burundi, and the 
Democratic Republic of the Congo, with small numbers from Liberia, 
Sudan, and Ethiopia. The Government accepts for resettlement refugees 
who are granted refugee status by the UNHCR.
    Since 1997 government security forces have detained 12 former 
senior military officers of Equatorial Guinea who had been granted 
refugee status by the UNHCR and had lived in the country for 4 years. 
In 1998 these 12 officers, who were affiliated with an Equato-Guinean 
opposition party and included Alfonso Mba Nsogo, former head of the 
Equato-Guinean military, contested the Government's assertion that it 
had arrested them for their own protection. At year's end, the 12 
remained in Cameroon under official detention at a security base near 
Yaounde. However, they are allowed to leave the base on condition that 
they inform the base commander.
    There were no confirmed reports of the forced return of persons to 
a country where they feared persecution. Although the Government 
occasionally returns illegal immigrants, there were no reports of 
forced repatriation of recognized refugees. However, in July two 
Chadian political refugees disappeared after being summoned to the 
Cameroon Security Office (see Section 1.b.). Some illegal immigrants 
have been subjected to harsh treatment and imprisonment. Communities of 
Nigerians and Chadians have often been the targets of police and 
gendarme harassment. During raids, members of the security forces often 
extort money from those who do not have regular residence permits or 
those who do not have valid receipts for store merchandise (see Section 
5).
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the constitutional right to change their government, 
but dominance of the political process by the President and his party 
limits the ability of citizens to exercise this right. President Paul 
Biya has controlled the Government since 1982 and the ruling party 
since 1984. The 1992 and 1997 presidential elections and the 1997 
legislative contests were widely criticized and viewed as fraudulent by 
international and domestic observers. In these elections, administered 
by the Ministry of Territorial Administration, members of largely pro-
opposition ethnic groups and inhabitants of largely pro-opposition 
localities effectively were prevented from registering or voting, 
registration and vote counting procedures were not transparent, a 
public announcement of results was delayed, and the number of votes 
cast in some progovernment areas exceeded the adult population.
    Elections are held by balloting that officially is described as 
secret but may permit voters to leave the polling place with evidence 
of how they voted. At polling places on election day, registered 
citizens receive a package containing one card for each candidate. 
Citizens vote by depositing into a sealed ballot box, while alone 
inside a closed booth, an envelope containing one of these cards. 
Voters are supposed to be given an opportunity to dispose of the unused 
ballots privately before leaving the polling place, but polling 
officials rarely act to ensure that this is done.
    Following the flawed 1997 legislative elections, international 
observers endorsed a series of reform measures, including the creation 
of a permanent and autonomous electoral commission to replace the 
present system of elections run by the Ministry of Territorial 
Administration. The Government's control of the electoral process leads 
to a variety of abuses including preelection manipulation of voter 
registration lists.
    President Biya's October 1997 reelection was marred by serious 
procedural flaws as well as by a boycott by the three major opposition 
parties. While the boycott made the outcome a foregone conclusion, most 
observers nonetheless considered the contest to be neither free nor 
fair. Election irregularities were especially egregious in opposition 
strongholds, where boycotting opposition activists chose not to be 
present to monitor the voting count.
    The Biya administration has proven particularly intolerant of 
opposition from within its Beti/Bulu ethnic-regional base in southern 
Cameroon. Following the unexpectedly strong showing of opposition 
parties in the region in the 1996 municipal elections, Titus Edzoa, a 
ruling CPDM member from southern Cameroon, a former Minister of Health, 
and a longtime presidential aide, declared himself a candidate to 
oppose incumbent President Biya in the October 1997 election. Edzoa and 
his campaign manager were arrested shortly after he declared his 
candidacy and before the election was held. They were sentenced to 15 
years' imprisonment on embezzlement and corruption charges and remained 
incarcerated at year's end (see Section 1.e.). Generations, a Yaounde-
based newspaper, which was one of last newspapers to have its 
publication license suspended, was also one of very few newspapers that 
was both critical of the Government and run by a Beti, Vianney Ombe 
Ndzana.
    In December 1997, after the Supreme Court announced the official 
result, declaring President Biya the winner with 92.57 percent of the 
vote, much of the UNDP, which previously had been in opposition, joined 
the CPDM in a coalition government. The new ruling coalition also 
included a faction of the UPC party that had participated in previous 
CPDM-dominated coalition governments under President Biya.
    No significant positive reforms have been undertaken to correct the 
flaws in the electoral process. In 1998 talks between the ruling CPDM 
party and the leading opposition party, the SDF, broke down over the 
issue of creating an independent electoral commission, as recommended 
by most international observers of the 1992 and 1997 Presidential 
elections. The SDF demanded such a commission but the CPDM refused to 
grant this demand. Rather, the CPDM-dominated National Assembly passed 
a few minor reforms to the 1991 electoral code, including increased 
discretionary power for the Minister of Territorial Administration to 
rule on the admissibility of candidacies.
    The President's control over the country's administrative apparatus 
is broad and deep. The President appoints all Ministers, including the 
Prime Minister, who serve at the President's pleasure. The President 
also directly appoints the governors of each of the 10 provinces. The 
governors wield considerable power in the electoral process, 
interpreting the laws and determining how these should be implemented. 
The President also has the power to appoint important lower level 
members of the 58 provincial administrative structures, including the 
senior divisional officers, the divisional officers, and thedistrict 
chiefs. The governors and senior divisional officers wield considerable 
authority within the areas under their jurisdiction, including, 
significantly, the authority to ban political meetings that they deem 
likely to threaten public order. They also may detain persons for 
renewable periods of 15 days to combat banditry and other security 
threats.
    The 1996 amendments to the 1972 Constitution retained a strongly 
centralized system of power, based on presidential authority. However, 
the amendments imposed a limit of two 7-year (in place of unlimited 5-
year) terms on the President. They provided for the creation of a 
partially elected (70 percent) and partially appointed (30 percent) 
senate, along with the creation of a similarly constituted set of 
provincial assemblies with limited power over local affairs. Although 
promulgated by the President in January 1996, the senate and regional 
council amendments have not yet been implemented.
    Citizens' right to choose their local governments remained 
circumscribed. In 1996 the Government held local government elections 
that were unprecedented in the Francophone region and the first such 
elections since the 1960's in the Anglophone region. These elections 
were for mayors or deputy mayors and council members in Douala, 
Yaounde, provincial capitals, and some division capitals. President 
Biya first promised such elections in 1992, but postponed them twice. 
In the meantime, the Government greatly increased the number of 
municipalities run by presidentially-appointed delegates instead of 
elected mayors. Delegate-run cities, of which there were only four in 
1992, by 1996 included all the provincial capitals and some division 
capitals in pro-opposition provinces, but not in the southern provinces 
that had tended to support the CPDM. In 1998 a 60-member Committee on 
Good Governance, created by the Government, publicly recommended that 
the Government eliminate the position of delegate in order to allow 
elected local officials to manage municipal governments more freely. 
Even in municipalities with elected mayors, local autonomy is limited, 
since elected local governments must rely on the central Government for 
most of their revenues and their administrative personnel.
    Like the 1992 National Assembly elections, the 1996 municipal 
elections were less flawed than other elections held since 1990. 
Foreign observers considered the elections largely free and fair, 
having detected few instances of malfeasance during or after the 
voting, although opposition parties credibly alleged systematic 
preelection government manipulation of the registration lists and 
arbitrary government disqualification of their candidates, especially 
in the south. Government election authorities acknowledged that 
opposition candidates won 104 of the 336 offices at stake. Ninety-six 
contests in which the Government declared the ruling party candidate 
the winner were appealed to the Supreme Court, which declared itself 
unqualified to adjudicate many of these complaints, but nullified the 
results of 18 elections, which it ordered the Government to hold again. 
As of year's end, the Government had not complied with any of these 
Supreme Court orders.
    During the year the Biya Government continued to use against its 
preeminent political opponent the criminal libel prosecution tactic 
that it developed in recent years against its critics in the private 
press. In 1998 the Government criminalized a civil libel suit filed 
against SDF party chairman John Fru Ndi by a disgruntled former SDF 
official whom Fru Ndi reportedly had accused publicly of embezzling 
party funds (see Section 2.a.). In February the Government obtained a 
felony conviction of Fru Ndi in a nonjury trial. The court did not 
sentence Fru Ndi to prison. Conviction and imprisonment on a felony 
charge, including a criminal libel charge, renders a citizen legally 
ineligible to hold public office. Although legal opinion appeared 
divided about whether a felony conviction without a prison sentence may 
also render a citizen legally ineligible to hold public office, some 
observers believed that Fru Ndi's conviction might enable the 
Government to disqualify him for any public office for which he may 
seek to run in the future. In April Fru Ndi--who in the country's only 
seriously contested presidential election in 1992 finished a close 
second to Biya despite serious flaws in the electoral process that 
favored the incumbent--was reelected overwhelmingly as the national 
leader of the country's largest opposition party, the SDF, in a freely 
contested, transparent, and apparently fair election at a national 
party convention.
    There are no laws that specifically prohibit women or members of 
minorities from participating in government, in the political process, 
or in other areas of public life. However, women are underrepresented 
in government and politics. Women hold 3 of 50 cabinet posts, 10 of 180 
seats in the National Assembly, and few of the higher offices of major 
political parties, including the CPDM.
    Many of the key members of the Government are drawn from the 
President's own Bulu/Beti ethnic group, as are disproportionately large 
numbers of military officers and CPDM officials. Membersof some of the 
other 200 ethnic groups hold 34 cabinet seats, compared with 16 cabinet 
positions held by members of the President's ethnic group.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Domestic and international human rights monitoring groups generally 
have considerable latitude to operate. A large number of independent 
human rights monitoring groups exist, although the activities of 
virtually all are limited by a shortage of funds and trained personnel. 
The Government did not formally prevent human rights monitors from 
operating. In the past, the Government used its authority to approve or 
withhold official recognition of NGO's, but there have been no recent 
cases in which such recognition was withheld. However, Government 
officials repeatedly impeded the effectiveness of human rights NGO's by 
limiting access to prisoners, by refusing to share information, and 
increasingly by threatening and using violence against personnel of 
human rights NGO's (see Sections 1.c. and 1.d.).
    Domestic human rights NGO's include the National League for Human 
Rights, the Organization for Human Rights and Freedoms, the Association 
of Women Against Violence, the Cameroonian Association of Female 
Jurists, the Cameroonian Association for Children's Rights, Conscience 
Africaine, the Movement for the Defense of Human Rights and Liberties 
(MDHRL), the Human Rights Defense Group, the National Association of 
Nontribalists and Nonracists, the Committee of Action for Women's and 
Children's Rights (CADEF), the Human Rights Clinic and Education 
Center, the Association of Women against Violence, the Cameroonian 
Association for Children's Rights, the Cameroon National Association 
for Family Welfare (CAMNAFAW), Tribes Without Frontiers (TSF), the 
Association for the Promotion of Communal Initiatives, and the League 
for Rights and Freedoms (LDL). A number of these groups issued press 
releases or reports detailing specific human rights violations. Many 
held seminars and workshops on various aspects of human rights.
    However, during the year there were regular reports that government 
officials, including members of the security forces as well as 
anonymous persons, interfered with the operations of human rights NGO's 
by threatening and using violence against their personnel. On January 
17, in Yaounde a group of unidentified armed men shot at Dr. Hilaire 
Kambga, the secretary general of the national chapter of Conscience 
Africaine, and ran his car off the road in a car chase, inflicting 
injuries that required hospitalization. Kamga indicated that one of his 
attackers, just before the attack, had stated that ``my colonel'' 
wanted to see Kamga, that his car had been followed the previous day 
and that he recently had received anonymous threatening phone calls in 
connection with his human rights work (see Section 1.c.). Elements of 
Colonel Pom's special antigang gendarmerie unit repeatedly threatened 
Abdoulaye Math, a human rights monitor and chairman of the Maroua-based 
MDHRL, and Semdi Soulaye, the MDHRL's secretary general, causing them 
to flee from the Far North Province to Yaounde for a week in early 
June. In June in Douala police acting on orders from government 
authorities broke up a press conference by a human rights NGO and 
detained the NGO's secretary general (see Section 2.a.). As of year's 
end, the Government had not prosecuted any of the persons who 
reportedly committed these abuses.
    The Government generally cooperated with the U.N. Special 
Rapporteur for Human Rights on a visit to the Far North Province, but 
Colonel Pom's special antigang gendarmerie unit denied him access to 
its holding cells (see Section 1.c.). The Government allowed the ICRC, 
for the first time in 7 years, to have generally unrestricted access to 
all prisons and detention places and to hold private discussions with 
inmates.
    The governmental National Commission on Human Rights and Freedoms 
(NCHRF), although hampered by a shortage of funds, conducted a number 
of investigations into human rights abuses, visited prisons, and 
organized several human rights seminars aimed at judicial officials, 
security personnel, and other government officers. Although the 
Commission infrequently condemned publicly the Government's human 
rights abuses, its staff intervened with government officials in 
specific cases of human rights harassment by security forces, attempted 
to stop Friday arrests (see Section 1.d.) in at least one Yaounde 
police station, and attempted to obtain medical attention jailed 
suspects in specific cases. The NCHRF is prohibited by law from 
publishing information on specific human rights cases. However, it may 
and does submit reports on specific alleged abuses to the government 
authorities directly involved, along with recommendations for improving 
conditions or punishing violators.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution does not explicitly forbid discrimination based on 
race, language, or social status. The Constitution prohibits 
discrimination based on sex and mandates that ``everyone has equal 
rights and obligations,'' but the Government does not enforce these 
constitutional provisions effectively.
    Women.--Violence against women remains at high levels. Women's 
rights advocates report that the law does not impose effective 
penalties against men who commit acts of domestic violence. There are 
no gender-specific assault laws, despite the fact that women are the 
predominant victims of domestic violence. Spousal abuse is not a legal 
ground for divorce. In cases of sexual assault, a victim's family or 
village often imposes direct, summary punishment on the suspected 
perpetrator through extralegal means ranging from destruction of 
property to beating. While there are no reliable statistics on violence 
against women, the large number of newspaper reports--a fraction of 
actual incidents--indicates that it is widespread.
    Despite constitutional provisions recognizing women's rights, women 
do not, in fact, enjoy the same rights and privileges as men. The civil 
law theoretically provides equal status and rights for men and women. 
However, no legal definition of discrimination exists, and some points 
of civil law are prejudicial to women. The 1981 Civil Code allows a 
husband to oppose his wife's right to work in a separate profession if 
the protest is made in the interest of the household and the family. 
While the law gives a woman the freedom to organize her own business, 
the Commercial Code allows a husband to end his wife's commercial 
activity by notifying the clerk of the commerce tribunal of his 
opposition based upon the family's interest. Partly for this reason, 
some employers require a husband's permission before they hire a woman. 
Polygyny is permitted by law and tradition, but polyandry is not. In 
cases of divorce, the husband's wishes determine the custody of 
children over the age of 6. While a man may be convicted of adultery 
only if the sexual act takes place in his home, a female may be 
convicted without respect to venue.
    Civil law offers a more equal standard than customary law, which is 
far more discriminatory against women, since in many regions a woman 
customarily is regarded as the property of her husband. Because of the 
importance attached to customs and traditions, laws protecting women 
often are not respected. Despite the law that fixes a minimum age of 15 
years for a bride, many girls are married off by their families by the 
age of 12. In the customary law of some ethnic groups, husbands not 
only maintain complete control over family property, but also can 
divorce their wives in a traditional court without being required to 
provide either verifiable justification or alimony. The extent to which 
a woman may inherit from her husband normally is governed by 
traditional law in the absence of a will, and customs vary from group 
to group. In many traditional societies, custom grants greater 
authority and benefits to male than to female heirs. Another problem 
facing women is forced marriage; in some regions, girls' parent can and 
do give them away in marriage without their consent. Often, a bride's 
parents are paid a ``bride price'' by the husband, who is sometimes 
many years older than the girl. Since a price has been paid, the girl 
is considered the property of the husband. When a married man dies, his 
widow is often unable to collect any inheritance, since she herself is 
considered part of the man's property. The widow often is forced to 
marry one of the deceased's brothers. Refusal means that she must repay 
the bride price in full (she usually has no source of funds) and leave 
the family property. In the northern provinces, some Lamibe 
(traditional rulers) reportedly prevent their wives and concubines from 
ever leaving their palaces. The lack of a national legal code covering 
the family leaves women defenseless against male-oriented customs.
    In practice, although not in law, women also suffer from 
discrimination in access to education. The gap in school attendance 
rates between boys and girls is 9 percent nationally and 14 percent in 
the three northern provinces. This problem, which is especially accute 
in rural areas, results in higher levels of illiteracy among women than 
among men. According to a 1995 study by a U.N. agency, the adult 
literacy rate was 75 percent for men but only 52 percent for women. In 
addition, fewer girls are found at higher levels of education; 
according to a 1992 study by the Ministry of Women's Affairs, women 
made up only 23 percent of postsecondary students.
    Children.--The Constitution provides for a child's right to 
education, and schooling is mandatory through the age of 14. 
Nevertheless, in the wake of public sector expenditure cuts and a 
currency devaluation in 1993-94, increases in formal and informal 
school fees relative to disposable income have forced many families 
toforego sending their children to school. The Government has chosen to 
make public education bear a disproportionate amount of its fiscal 
retrenchment since 1993. Government spending on education shrank from 
4.3 percent of recorded GDP in 1992-93 to an estimated 1.8 percent of 
recorded GDP in 1998-99.
    In 1998 the Government ordered the closure of about 180 unlicensed 
private primary and secondary schools, mostly in Douala and other pro-
opposition areas, in which enrollment had grown to perhaps 50,000 
pupils. During the year the Government closed down dozens more such 
schools, mainly in Douala. While the government vowed to combat 
clandestine schools, these institutions have sprung up mainly in 
response to the deterioration of public schools.
    Female genital mutilation (FGM), which has been condemned by 
international health experts as damaging to both physical and 
psychological health, is not practiced widely, but it is traditional 
and continues to be practiced in some areas of Far North and Southwest 
Provinces. It includes the most severe form of the abuse, infibulation, 
and usually is practiced on preadolescent girls. The Government has 
criticized the practice; however, no law prohibiting FGM is known to 
exist.
    The degree of familial child abuse is not known but is one of 
several targeted problems of children's rights organizations.
    People with Disabilities.--A 1983 law and subsequent implementing 
legislation provide certain rights for persons with disabilities. These 
include access to public institutions, medical treatment, and 
education. The Government is obliged to bear part of a disabled 
person's educational expenses, to employ disabled persons where 
possible, and, as necessary, to provide them with public assistance. 
However, these rights in fact rarely are respected. There are few 
facilities for disabled persons and little public assistance of any 
kind. Lack of facilities and care for the mentally disabled is 
particularly acute. In recent years, the Government reportedly has 
reduced the share of its expenditures that benefit disabled persons and 
has terminated subsidies to NGO's that help disabled persons. On one 
occasion during the year, the municipal governments of Yaounde and 
Douala each detained a large number of people who appeared to be 
mentally disabled or homeless to prevent their being seen by a visiting 
foreign dignitary (see Section 1.d.). Society tends to treat the 
disabled as tainted, leaving churches or foreign NGO's responsible for 
providing assistance. However, there is no widespread societal 
discrimination against the disabled. The law does not mandate special 
access provisions to buildings and facilities for the disabled.
    Indigenous People.--A population of perhaps 50,000 to 100,000 Baka 
(Pygmies), a term that encompasses several different ethnic groups, 
primarily reside in the forested areas of the South and East provinces, 
of which Pygmies were the earliest known inhabitants. While no legal 
discrimination exists, other groups often treat Pygmies as inferior and 
sometimes subject them to unfair and exploitative labor practices. 
There have been credible reports of Pygmies being forced out of their 
homes by logging companies and security forces. There continued to be 
reports that Pygmies complain that the forests they inhabit are being 
logged without fair recompense for the negative consequences suffered 
by the Pygmies of the region.
    Religious Minorities.--Approximately 40 percent of the population 
are at least nominally Christian, about 20 percent are at least 
nominally Islamic, and about 40 percent practice traditional indigenous 
religions or no religion. Christians are concentrated chiefly in the 
southern and western provinces. Muslims are concentrated chiefly in the 
northern provinces. Traditional indigenous religions are practiced in 
rural areas throughout the country.
    Some religious groups face societal pressures within their regions. 
In the northern provinces, especially in rural areas, societal 
discrimination by Muslims against persons who practice traditional 
indigenous religions is strong and widespread, and some Christians in 
rural areas of the north complain of discrimination by Muslims.
    There were occasional reports of isolated conflict between 
Christians and practitioners of traditional indigenous religions. In 
December 1998, members of a local traditional secret society, the 
Nwerong, accused Emmanuel Ngah, the pastor of the Cameroon Baptist 
Church in Ndu, a village in Northwest Province, of having killed by 
witchcraft Emmanuel Siben, an employee of the state-owned electrical 
power company. The Nwerong reportedly attempted to expel Ngah from the 
village, along with eight other persons whom the Nwerong also accused 
of practicing witchcraft. Some of the nine persons reportedly left Ndu 
for the neighboring villageof Ntumbaw, from which they reportedly were 
expelled by the Nwerong of Ntumbaw.
    There was one incident of religiously motivated violence by 
practitioners of a traditional indigenous religion against persons who 
did not practice that religion. In April near Buea in Southwest 
Province, villagers said to be acting on the orders of local 
traditional rulers beat three Germans working with a nongovernmental 
environmental organization for taking pictures of Mount Cameroon during 
an eruption of that volcano. Local traditional rulers reportedly had 
banned all travel to the mountain pending traditional indigenous 
religious rites to appease local deities in the hope of controlling the 
eruption.
    National/Racial/Ethnic Minorities.--The population is divided into 
more than 200 ethnic groups, among which there are frequent and 
credible allegations of discrimination. Members of virtually all ethnic 
groups commonly provide preferential treatment to fellow members when 
they are able to do so. Ethnic-regional differences continue to pose 
obstacles to political and economic liberalization.
    Members of President Biya's Bulu ethnic group and of closely 
related Beti groups of southern Cameroon are represented 
disproportionately and hold key positions in government, the civil 
service, state-owned businesses, the security forces, the military, and 
the ruling CPDM party. The large size and centralized character of the 
public sector has long been widely perceived to favor these groups. 
Prospective economic and political liberalization is widely perceived 
as being likely to harm these groups, and to favor other groups, such 
as the large Bamileke and Anglophone ethnic-cultural groups of the 
west, whose members tend to be more active in private commerce and 
industry and have tended to support the SDF since the legalization of 
opposition parties. Since 1990 natives of the two Anglophone provinces, 
the Northwest and Southwest Provinces, have suffered disproportionately 
from human rights violations committed by the Government and its 
security forces, have been underrepresented in the public sector, and 
generally have believed that they have not received their fair share of 
public sector goods and services. Since the flawed 1992 presidential 
election, which SDF Chairman John Fru Ndi, a native of the Northwest 
Province, accused Biya of having stolen from him, many residents of the 
Anglophone region have sought to achieve greater freedom, greater 
equality of opportunity, and better government, at least partly by 
regaining regional autonomy rather than through nationwide political 
reform, forming several quasipolitical organizations to pursue that 
goal (see Sections 1.c., 1.d., and 1.e.).
    During the year, following an international press report that 
Anglophone separatists had begun smuggling in arms from Nigeria the 
Government increased deployments of units of the armed forces in the 
Anglophone provinces and arrested increasing numbers of Anglophones and 
SDF members on charges of illegally owning or making arms (see Sections 
1.a., 1.c. and 1.d.), although the leadership of the SDF repeatedly 
reaffirmed publicly the party's longstanding commitment to nonviolent 
forms of political struggle and to federalist decentralization rather 
than Anglophone secession. On December 30, a group of armed Anglophones 
seized the state radio station in Buea, occupied it for 3 hours, and 
broadcast a message proclaiming the independence of the two Anglophone 
provinces; no violence or arrests were reported in connection with 
their occupation of the station. In June the Mayor of Bafoussam, the 
capital of the West Province officials, reportedly voiced suspicions 
that ruling CPDM party activists set fires that destroyed a market in 
Bafoussam on June 10, and SDF national party chairman Fru Ndi 
reportedly speculated publicly that agents of the central Government 
might have started market fires in Bafoussam and other towns targeting 
the commercially active Anglophone and Bamileke communities; however, 
no evidence materialized to confirm such suspicions. Also during the 
year, the Vatican's appointment of a Bamileke to serve as the Roman 
Catholic Church's Archbishop of Yaounde led to criticism and some 
public demonstrations by members of the Beti ethnic group.
    Northern Cameroon suffers from ethnic tensions between the Fulani 
(or Peuhl), a Muslim group that conquered most of the region 200 years 
ago, and the ``Kirdi,'' the descendents of diverse groups who then 
practiced traditional indigenous religions and whom the Fulani 
conquered or displaced, justifying their conquest on religious grounds. 
Although some Kirdi subsequently have adopted Islam, the Kirdi remain 
socially, educationally, and economically disadvantaged relative to the 
Fulani in the three northern provinces. Traditional Fulani rulers 
(lamibe) continue to wield great power over their subjects, often 
including Kirdi, sometimes subjecting them to tithing and forced labor. 
The slavery still practiced in parts of northern Cameroon is reported 
to be largely enslavement of Kirdi by Fulani. Although the UNDP party 
is based largely in the Fulani community, the ruling CPDM party has 
long been widely perceived to represent Fulani as well as Beti-Bulu 
interests.
    During the 1990's, local-language broadcasts by government-
controlled regional radio stations in the south Cameroon, as well as 
private French-language newspapers with close ties to leading 
government and CPDM figures, repeatedly have incited ethnic animosity 
against Bamilekes and Anglophones. During the year, anti-Bamileke and 
anti-Anglophone commentaries continued unabated in the radio 
broadcasts, but were less conspicuous in the pro-CPDM print media than 
they were earlier in some prior years.
    Members of the country's large community of Nigerian immigrants 
often complain of illegal discrimination and even persecution by 
elements of the Government. Crackdowns on undocumented Nigerian 
immigrants repeatedly have been announced by government officials. For 
example, in March and April, security forces in Fako Division in the 
Southwest Province reportedly conducted mass arrests of foreigners 
without residence permits, most of whom were Nigerians.
    On June 22, a land dispute between the Awing and Baligham tribes in 
the Northwest Province led to mass violence, in which several persons 
were injured; the dispute subsequently was adjudicated by NOWEFCO, a 
voluntary association of traditional rulers (see Section 1.c.).
Section 6. Worker Rights
    a. The Right of Association.--The 1992 Labor Code allows workers to 
form and join trade unions of their choosing. The Labor Code permits 
groups of at least 20 workers to organize a union but also requires 
registration with the Ministry of Labor. However, in practice 
independent unions have found it extremely difficult to obtain 
registration. Registered unions are subject to government domination 
and interference. Some sections of the Labor Code have never taken 
effect because not all of the implementing decrees have been issued.
    There are two trade union confederations. Until 1995 the sole labor 
confederation was the Confederation of Cameroonian Trade Unions (CCTU), 
formerly affiliated with the ruling CPDM party under another name (the 
Organization of Cameroonian Trade Unions.) In 1995 the Government 
encouraged the creation of a new labor confederation, the Union of Free 
Trade Unions of Cameroon (USLC), with which it maintains close ties. 
This move was seen as an effort by the Government to create a rival 
trade union confederation more firmly under its control. In 1998 the 
CCTU, government control of which had been eroding since large public 
sector salary cuts in 1993, split into two rival factions, and the 
Government banned a conference by the CCTU's reformist faction, led by 
Benoit Essiga. A CCTU congress held in April, which was attended by 
international observers and held under the auspices of the 
International Labor Organization (ILO), elected the reform faction 
slate of candidates to CCTU leadership positions. However, the 
Government has been unwilling to recognize the new leadership, and 
refuses to meet, speak or bargain with the union.
    The Labor Code explicitly recognizes workers' right to strike, but 
only after mandatory arbitration. Arbitration proceedings are not 
enforceable legally and can be overturned by the Government. The Labor 
Code provides for the protection of workers engaged in legal strikes 
and prohibits retribution against them. However, these provisions of 
the Labor Code do not apply to civil servants, employees of the 
penitentiary system, or workers responsible for national security. 
Instead of strikes, civil servants are required to negotiate grievances 
directly with the minister of the concerned department and with the 
Minister of Labor.
    During the year, actual and threatened labor strikes were much more 
numerous than in recent prior years. There were strikes by taxi 
drivers' and railroad workers' unions. The university teachers and high 
school teachers, who are generally state employees, won concessions 
from the Government after issuing credible strike threats (see Section 
5).
    The CCTU is a member of the Organization of African Trade Unions 
and the International Confederation of Free Trade Unions. The USLC 
filed applications for membership with these organizations in 1995.
    b. The Right to Organize and Bargain Collectively.--The Labor Code 
provides for collective bargaining between workers and management in 
workplaces, as well as between labor federations and business 
associations in each sector of the economy. No sectoral collective 
bargaining negotiations have occured in recent years. When labor 
disputes arise, the Government chooses which labor union to invite into 
the negotiations, selectively excluding some labor representatives. The 
Labor Code prohibits antiunion discrimination, and employers guilty of 
such discrimination are subject to fines of up to an amount equivalent 
to about $1,600 (1 million CFA Francs).However, employers found guilty 
are not required to reinstate the workers against whom they 
discriminated. The Ministry of Labor has reported no complaints of such 
discrimination during recent years.
    There is an industrial free zone regime, but the Government did not 
grant approval to any firms to operate under it during the year. Free 
zone employers are exempt from some provisions of the Labor Code but 
must respect all internationally recognized worker rights.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution and 
the Labor Code prohibit forced or compulsory labor; however, it occurs 
in practice. Forced or bonded labor by children is not prohibited 
specifically. The authorities continued to allow prison inmates to be 
contracted out to private employers or used as communal labor for 
municipal public works.
    There were credible reports that slavery continued to be practiced 
in parts of northern Cameroon, including in the Lamidat of Rey Bouba, a 
traditional kingdom in the North Province (see Section 5). In the South 
and East Provinces, Baka (Pygmies), including children, continued to be 
subjected to unfair and exploitative labor practices (see Section 5). 
There were reports of trafficking in girls (see Section 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--A 1969 Ministry of Labor order and the 1992 Labor Code 
provide the legal framework for the protection of children in the field 
of labor and education. Article 86 of the Labor Code and the 
Ministerial Order both set the minimum age for the employment of 
children at 14. The Ministerial Order also enumerates tasks that cannot 
be performed legally by children between the ages of 14 and 18. These 
tasks include moving heavy weights, dangerous and unhealthy tasks, 
working in confined areas, or tasks that could hurt a child's morality. 
The order also states that a child's workday cannot exceed 8 hours. In 
order to allow children between the ages of 14 and 18 to improve their 
knowledge and education, employers are required to train them. To this 
end, work contracts must contain a training provision for these minors.
    However, Ministry of Labor inspectors responsible for enforcing the 
law lack resources for an effective inspection program. Moreover, the 
legal prohibitions do not include family chores, which in many 
instances are beyond a child's capacity to do. In the north of the 
country, there are credible reports that children from needy homes are 
placed with other families to do such work for money. The Constitution 
does not prohibit specifically forced or bonded labor by children, and 
there were reports of its practice (see Section 6.c.).
    In rural areas, many children begin work at an early age on family 
farms. Often, rural youth, especially girls, are employed by relatives 
as domestic helpers, while many urban street vendors are under 14 years 
of age. There are no special provisions limiting working hours for 
children. Primary education is compulsory through the age of 14.
    e. Acceptable Conditions of Work.--Under the Labor Code, the 
Ministry of Labor is responsible for setting a single minimum wage 
applicable nationwide in all sectors. The minimum wage is approximately 
$40 (23,514 CFA Francs) per month. It does not provide a decent 
standard of living for an average worker and family.
    The Labor Code establishes a standard workweek of 40 hours in 
public and private nonagricultural firms, and 48 hours in agricultural 
and related activities. The code makes compulsory at least 24 
consecutive hours of weekly rest.
    The Government sets health and safety standards, and Ministry of 
Labor inspectors and occupational health doctors are responsible for 
monitoring these standards. However, they lack the resources for a 
comprehensive inspection program. There is no specific legislation 
permitting workers to remove themselves from dangerous work situations 
without jeopardy to continued employment.
    f. Trafficking in Persons.--The Penal Code provides that any person 
who engages in any traffic in persons shall be punished with 
imprisonment of from 10 to 20 years and that the court may also impose 
a forfeiture penalty.
    According to the NCHRF, there have been reports of farm-to-city 
trafficking of girls who were promise jobs in cities, but were forced 
into prostitution or other labor. Early in the year, there was a media 
report that young girls in Douala were being seized as they left school 
and subsequently sold. In late March, according to that report, local 
youths in Douala's Bapenda neighborhood reportedly caught a woman in 
the act of trying to kidnap a young girl from the Bepanda nursery 
school. The same report indicated that police rescued the woman from a 
lynching by fire at the hand of neighorhood residents and detained her 
in Doula's New Bell Prison, where she assisted investigators who sought 
to break this trafficking network. Initial efforts to investigate these 
reports could not corroborate them, but inquiries were continuing at 
year's end. No NGO's were known to be working to reduce trafficking in 
persons.
                                 ______
                                 

                               CAPE VERDE

    Cape Verde is a multiparty parliamentary democracy in which 
constitutional powers are shared between the elected Head of State, 
President Antonio Mascarenhas Monteiro, an independent; the Head of 
Government, Prime Minister Carlos Wahnon Veiga; and his party, the 
Movement for Democracy (MPD). The MPD has an absolute majority in the 
National Assembly. The principal opposition party, the African Party 
for the Independence of Cape Verde (PAICV), held power in a one-party 
state from independence in 1975 until 1991. The judiciary is 
independent, but there were accusations that courts manipulate trial 
schedules for political reasons.
    The Government controls the police, which has primary 
responsibility for maintenance of law and order. Some members of the 
police and prison guards committed human rights abuses.
    Cape Verde has a market-based economy but little industry and few 
exploitable natural resources. Based on 1998 data, the per capita 
income is $1,312 (11,312 escudos). The country has a long history of 
economically driven emigration, primarily to Western Europe and the 
United States, and receipts from Cape Verdeans abroad remain an 
important source of income. Even in years of optimum rainfall, the 
country can produce food for only 25 percent of the population of 
approximately 400,000 persons, resulting in heavy reliance on 
international food aid.
    The Government generally respected the human rights of its 
citizens; however, problems remain in several areas. There were a few 
credible reports of police abuse, including beatings, of citizens 
detained on suspicion of criminal activity. While in principle the law 
and the judiciary provide means to deal with isolated instances of 
abuse, in practice the Government has not held accountable police 
officers who were credibly accused of human rights abuses. Prisons do 
not meet minimum international standards. The judicial system is 
overburdened, and lengthy delays in trials are common. There were 
allegations of media self-censorship. Violence and discrimination 
against women and mistreatment of children continued to be serious 
problems. Although the Government supported legislation to ameliorate 
these problems, it failed to adopt, implement, and enforce policies 
designed to address the most critical challenges. The revision of the 
Constitution in July included the creation of an independent ombudsman.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, but there were 
a number of credible reports that police and prison guards mistreated 
prisoners. While mechanisms for investigating citizen complaints of 
police brutality exist in theory, in practice these mechanisms neither 
ensure the punishment of all those responsible, nor effectively prevent 
future violations. In addition in some instances of violence against 
women, the police did not protect the victims effectively.
    Prisons do not meet minimum international standards and they are 
severely overcrowded. In August the Minister of Justice took 
disciplinary action against prison guards accused of abusing detainees.
    The Government permits both formal visits by human rights monitors 
to prisons and routine visits to individual prisoners.
    d. Arbitrary Arrest, Detention, or Exile.--The laws provide for 
protection from arbitrary arrest and detention, and the authorities 
generally observe these laws in practice. The law stipulates that a 
suspect must be charged before a judge within 48 hours of arrest. 
Police may not make arrests without a court order unless a person is 
caught in the act of committing a felony. A provision that allowed 
authorities to detain a person for up to 5 days in exceptional cases 
was revoked.
    The courts have jurisdiction over state security cases. There is a 
functioning system of bail.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for a 
judiciary independent of the executive branch, and the Government 
respects this provision in practice. However, there continued to be 
accusations of politicized and biased judicial decisions. In July a 
prosecutor dismissed a case against four citizens associated with the 
main opposition party who had been arrested for church desecration in 
1996. In 1998 a judge ordered their release from detention because of 
lack of evidence. The prosecutor's decision in July should have ended 
the State's efforts to prosecute the case permanently; however, the 
Attorney General did not confirm the prosecutor's decision and declared 
that the case should await better proof. Another case also involving 
church desecration appeared to indicate an attempt by a state official 
to manipulate the judicial process, but in July everyone involved was 
found innocent (see Section 5). Soon afterwards the Director-General of 
the judiciary police publicly questioned the judge's impartiality on 
the grounds that a relative of the judge's appeared as a defense 
witness. The Director-General's behavior was criticized by the High 
Court of Magistrates. Many observers recognize that the law requires a 
judge to recuse himself when the plaintiff or defendant is a relative. 
This exchange led some persons to question whether the Director-
General's motive was to elicit a complaint against him by the judge. If 
so the judge would be required to recuse herself from a criminal trial 
scheduled for October, in which the Director-General was to testify as 
the prime investigator for the prosecution and the judge was scheduled 
to preside.
    The judicial system is composed of the Supreme Court and the 
regional courts. Of the five Supreme Court judges, one is appointed by 
the President, one by the National Assembly, and three by the Superior 
Judiciary Council. This council, created by the last revision of the 
Constitution in July, consists of the President of the Supreme Court, 
the Attorney General, eight private citizens, two judges, two 
prosecutors, the senior legal inspector of the Attorney General's 
office, and a representative of the Ministry of Justice. Judges are 
independent and may not belong to a political party.
    The Constitution provides for the right to a fair trial. Defendants 
are presumed to be innocent; they have the right to a public, nonjury 
trial; to counsel; to present witnesses; and to appeal verdicts. Free 
counsel is provided for the indigent. Regional courts adjudicate minor 
disputes on the local level in rural areas. The Ministry of Justice 
does not have judicial powers; such powers lie with the courts. 
Defendants may appeal regional court decisions to the Supreme Court.
    The judiciary generally provides due process rights. However, the 
right to an expeditious trial is constrained by a seriously 
overburdened and understaffed judicial system. A backlog of cases 
routinely leads to trial delays of 6 months.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, government 
authorities respect these prohibitions, and violations are subject to 
effective legal sanction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for the 
freedom to express ideas by words, images, or any other means, and for 
freedom of the press without censorship, and the Government generally 
respected these rights in practice. There is a substantial and growing 
independent press. Two new private newspapers have emerged. 
Nevertheless, there was continued criticism by independent political 
figures of the performance of the state-controlled television, radio, 
and print media for their failure to exercise vigorously their 
monitoring role in a multiparty system. In several instances persons 
whose views did not coincide with those of the Government and the 
ruling party were transferred, fired, or subjected to other 
disciplinary actions, the Government does not acknowledge that the 
divergence of views was the reason for such actions.
    During the revision of the Constitution in July, the provision on 
freedom of expression was amended so that this freedom cannot be used 
as a defense in cases involving defamation or offense to personal 
honor. This wording was criticized strongly by the opposition and some 
journalists on the grounds that it may limit freedom of expression 
significantly.
    Journalists are independent of government control and are not 
required to reveal their sources. However, there are credible reports 
that journalists within the government-controlled media still practice 
self-censorship.
    Government authorization is not needed to publish newspapers or 
other printed material. Despite the broadly interpreted criminal libel 
laws, no independent media outlets reported having experienced direct 
pressure in their daily operations or businessactivities. The national 
radio station provides live broadcasts of National Assembly sessions.
    The law requires a formal licensing mechanism for mass media, 
including government authorization to broadcast.
    The Constitution provides for academic freedom, and this right is 
respected in practice.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly and association without 
authorization and without harassment by the authorities. Throughout the 
year, labor organizations, opposition political parties, civic action 
groups, and numerous others exercised this right without government 
interference or objection.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion and the separation of church and state. It also prohibits the 
State from imposing religious beliefs and practices. The Government 
respected these rights in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides citizens with the right 
to travel and establish residence without government restrictions.
    The Constitution provides for repatriation, and the Government 
respected this in practice.
    The Constitution provides for the right of asylum by refugees, and 
no violations were reported. The law provides for the granting of 
refugee and asylum status in accordance with the 1951 U.N. Convention 
Relating to the Status of Refugees and its 1967 Protocol. According to 
the Human Rights Commission, credible media reports, and government 
officials, Nigerian citizens have been subject to harassment and 
prejudice by immigration authorities.
    The Government has not formulated specific policies regarding 
refugees or first asylum, and the issue of first asylum has never 
arisen.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to change their government. Power was 
transferred peacefully by the PAICV to the MPD following free and fair 
elections in 1991; a second general election in 1995 and municipal and 
presidential elections in 1996 also were judged free and fair by 
international observers.
    The Constitution provides for the separation of powers. Cabinet 
ministers are not required to be members of the National Assembly, but 
they are individually subject to confirmation by the President. 
Collectively, they must retain the support of a parliamentary majority. 
The President may dismiss the Government with the approval of the 
political parties represented in the National Assembly and the Council 
of the Republic. This council consists of the President of the National 
Assembly, the Prime Minister, the President of the Constitutional 
Court, the Attorney General, the Ombudsman, the President of the 
Economic and Social Council, the former presidents, and five private 
citizens appointed by the President.
    There are no restrictions in law or practice regarding the rights 
of women or members of minorities to vote or to participate in the 
political process; however, women are underrepresented in government. 
Women constitute 11 percent of the deputies elected to the National 
Assembly. There are two female cabinet ministers and three secretaries 
of state (junior ministers).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are two private human rights groups, the National Commission 
of the Rights of Man and the Ze Moniz Association. The Ze Moniz 
Association carried out a study on conditions in prisons.
    The post of an independent ombudsman, to be elected by the National 
Assembly, was created by the revision of the Constitution in July. To 
date the ombudsman's powers remain undefined.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on race, sex, 
religion, disability, language, or social status. However, despite the 
Government's increasing efforts to enforce all relevant constitutional 
provisions, it still does not do soeffectively, and not all elements of 
society, particularly women and children, enjoy full protection against 
discrimination.
    Women.--Domestic violence against women, including wife beating, 
remains common. Both the Government and civil society encourage women 
to report abuses such as rape and spousal abuse to the police; however, 
longstanding social and cultural values inhibit victims from doing so, 
and such reports remain rare, according to the media. Nevertheless, 
reporting of such crimes to police has increased somewhat, and the 
media increasingly report their occurrence. Women's organizations are 
seeking legislation to establish a special family court to address 
crimes of domestic violence and abuse.
    Violence against women has been the subject of extensive public 
service media coverage in both government- and opposition-controlled 
media. In December 1998, the Parliament revised the Penal Code, 
widening the scope of the concept of sexual abuse and strengthening 
penalties.
    Despite constitutional prohibitions against sex discrimination and 
provisions for full equality, including equal pay for equal work, 
discrimination against women continues. Although they often are paid 
less than men for comparable work, women are making modest inroads in 
the professions. However, some employers claim that they prefer to hire 
men.
    The Constitution prohibits discrimination against women in 
inheritance, family, and custody matters. However, largely because of 
illiteracy, most women are unaware of their rights. Women often are 
reluctant to seek redress of domestic disputes in the courts. The 
Organization of Cape Verdean Women alleges disparate treatment in 
inheritance matters, despite laws calling for equal rights.
    Children.--The Government prepared studies of social policy 
priorities and legal rights for children and adolescents, and the Cape 
Verdean Institute for Children was restructured in accordance with 
norms established in the Convention on the Rights of the Child to 
implement its obligations under the Convention. The Government has 
extended free mandatory education to 6 years of primary school for all 
children. Normally, it covers children age 6 to 12. According to the 
latest UNICEF figures, attendance is approximately 97 percent for 
children. Attendance by boys is less than one percent more than 
attendance by girls. The Government also seeks to reduce infant 
mortality and disease, combat drug and alcohol abuse, and discourage 
teenage pregnancy; however, progress has been slow.
    Child abuse and mistreatment, sexual violence against children, and 
juvenile prostitution are continuing problems, exacerbated by chronic 
poverty, large unplanned families, and traditional high levels of 
emigration of adult men. The media reports cases of sexual abuse 
against children and adolescents. The inefficiencies of the judicial 
system make it difficult for the mass media and government institutions 
to address the problem.
    People with Disabilities.--Although the Constitution mandates 
``special protection'' for the aged and disabled, the Government does 
not require access to public buildings or services for the disabled. 
There are no official schools or trained teachers for the disabled, 
although several nongovernmental groups, including an association for 
the blind, are active.
    Religious Minorities.--In July three Seventh-Day Adventists, who 
were tried for the desecration of Catholic churches on Boavista Island, 
were freed. In August the Attorney General rejected a local 
prosecutor's dismissal of the case against the four individuals of the 
``S. Domingos Group,'' who were accused of desecrating a Catholic 
church in 1996 (see Section 1.e.). While the MPD has accused supporters 
of the PAICV of involvement in the crimes and made it an election 
issue, the perpetrators remained unknown.
    More than 20 cases involving the desecration of Catholic churches 
have been reported to the police over the years. While some cases date 
from 1975, after 1990 and especially from 1994-95, the incidence has 
increased. The persons responsible for the desecrations have never been 
identified, and the topic has remained a controversial electoral issue 
since the MPD has accused supporters of the main opposition party PAICV 
of involvement in the crimes. However, to date, the courts have 
dismissed every formal accusation that has been brought, usually for 
lack of evidence.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides that 
workers are legally free to form and to join unions without government 
authorization or restriction. There are two umbrella union 
associations: The Council of Free Labor Unions, composed of 11 unions 
with about 14,000 members; and the National Union of Cape Verde 
Workers,formed by the former ruling party but operating independently, 
composed of 14 unions with about 16,000 members. The Government does 
not interfere with the activities of these organizations, but the 
National Union of Cape Verde Workers claims that it received less than 
its share of funds for unions. Both unions suffer from a shortage of 
funds.
    The Constitution provides union members with the right to strike, 
and the Government respects this right. However, in July and August, 
the workers of the shipping company Arca Verde made two attempts to 
strike. The Government invoked a ``civil request,'' under which it has 
the power, in an emergency or if a strike threatens coverage of basic 
needs, to name a list of minimum services that a union must continue to 
provide during any strike. Because of the Government's ``civil 
request,'' the crew and workers of four of the five ships in the fleet 
were required to continue working. According to the National Union of 
Cape Verde Workers, the Government's decision violated the law, since 
there was no emergency. The union claimed that, under such 
circumstances, the ``minimum services list'' that it presented to the 
Government would have ensured the continuation of essential services of 
public interest. The union presented the case to the International 
Confederation of Free Trade Unions, which in August filed a complaint 
against the Government with the International Labor Organization (ILO). 
The law requires an employer to either reinstate a worker fired 
unjustly or to provide financial compensation. This law is enforced in 
practice.
    There were three legal strikes. In June telecommunications workers 
went on a 2-day strike, demanding a salary increase. In July National 
Institute of Rural Engineering and Forests workers went on strike for 2 
days demanding that their contractual situation be solved. Radio and 
television workers went on a 2-day strike (October 14-15) over the 
revision of their working conditions.
    The Government was invited by the ILO to contest the case presented 
by the labor union UNTAC-CS regarding the arrest of two of its 
activists during a demonstration 1 year ago. The Government contested 
the case in July. At year's end, the outcome was not known.
    Unions are free to affiliate internationally and have ties with 
African and international trade union organizations.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right to organize, to operate without 
hindrance, and to sign collective work contracts. Workers and 
management in the small private sector, as well as in the public 
sector, reach agreement through collective bargaining. However, as the 
country's largest employer, the Government continues to play the 
dominant role in setting wages. It does not fix wages for the private 
sector, but salary levels for civil servants provide the basis for wage 
negotiations in the private sector. There are no collective bargaining 
agreements.
    A 1991 legislative decree bans antiunion discrimination by 
employers with fines for offenders. No cases were brought to court 
during the year.
    Praia has a new, 30-acre export processing zone, which houses two 
Portuguese companies and a Cape Verdean-Sengalese joint venture. There 
are no special laws or exemptions from regular labor laws for such 
zones.
    c. Prohibition of Forced or Compulsory Labor.--Forced labor is 
forbidden by law and is not practiced.
    The Government prohibits forced and bonded labor by children, and 
such practices are not known to occur.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum age for employment is 14 years. The law 
prohibits children under the age of 16 from working at night, more than 
7 hours per day, or in establishments where toxic products are 
produced; but the Government rarely enforces the law. In practice the 
Ministry of Justice and Labor enforces minimum age laws with limited 
success, and then only in the urban, formal sectors of the economy.
    The Government prohibits forced and bonded child labor and such 
practices are not known to occur (see Section 6.c.).
    e. Acceptable Conditions of Work.--There are no established minimum 
wage rates in the private sector. Large urban private employers link 
their minimum wages to those paid to civil servants. For an entry-level 
worker, this wage is approximately $120 (11,193 escudos) per month. The 
majority of jobs pay wages insufficient to provide a worker and family 
a decent standard of living; therefore, most workers also rely on 
second jobs, extended family help, and subsistence agriculture.
    The maximum legal workweek for adults is 44 hours. While large 
employers generally respect these regulations, many domestic servants 
and agricultural laborers work longer hours.
    The Director General of Labor conducts periodic inspections to 
enforce proper labor practices and imposes fines on private enterprises 
that are not in conformity with the law. However, the Government does 
not systematically enforce labor laws, and much of the labor force does 
not enjoy their protection. Few industries employ heavy or dangerous 
equipment, and work-related accidents are rare.
    There is no legal provision for workers to remove themselves from 
unsafe working conditions without jeopardy to continued employment.
    f. Trafficking in Persons.--Illegal trafficking in emigrants to 
various points in Europe is believed to be a thriving business, and it 
has become a concern for local authorities. Several notices in the 
press report that the police have arrested some persons, traffickers as 
well as victims.
                                 ______
                                 

                        CENTRAL AFRICAN REPUBLIC

    The Central African Republic is a constitutional democracy with a 
multiparty legislature. Ange Felix Patasse, leader of the Movement for 
the Liberation of the Central African People (MLPC), who first was 
elected President in 1993, was reelected with a narrow majority in 
September. The presidential election, like National Assembly elections 
held in late 1998, was generally free but was controlled by the 
Government and was marred by irregularities that tended to favor the 
ruling party candidate. The December 1998 defection of a National 
Assembly member elected on an opposition ticket gave the MLPC and its 
political allies a one-seat majority in the unicameral legislature, a 
development strongly protested by opposition parties. In January 
opposition parties strongly protested this defection and boycotted the 
inauguration of the new National Assembly; mediation both by the United 
Nations peacekeeping force, MINURCA, and by other elements of the 
international community helped end the boycott. Although the 
Constitution provides for separation of powers, the legislature is 
vulnerable to manipulation by the President, who dominates the 
Government. The President can veto legislation, although two-thirds of 
the unicameral legislature can override his veto, and he can rule by 
decree under special conditions. The Constitution provides for an 
independent judiciary; however, it is subject to executive 
interference.
    The National Police under the direction of the Ministry of Interior 
and Public Security, the military forces and the national gendarmerie 
under the Ministry of Defense, and the Special Forces for the Defense 
of the Democratic Institutions (FORSDIR), which are responsible for 
presidential security, share responsibility for internal security. The 
FORSDIR presidential guard included members of the Chadian armed forces 
assigned on a rotating basis. Although all security forces are 
nominally under the control of the President and the Ministry of 
Defense, the military, much of which mutinied in 1996-97, is widely 
perceived to be of doubtful loyalty to the Patasse Government, and 
implementation of government plans to reduce its size have been delayed 
by lack of funds for severance pay and pensions. A 1,350-person 
peacekeeping force known as MINURCA was deployed by the United Nations 
Security Council in 1998, with a mandate to assist national security 
forces in maintaining law and order, to strengthen the national 
reconciliation process, to maintain a climate of security and stability 
during the legislative and presidential elections, and to facilitate 
the disarmament process. In December MINURCA began to withdraw its 
forces over a 3-month period. The domestic security forces, and the 
FORSDIR in particular, continued to commit serious human rights abuses.
    The country is landlocked and sparsely populated. The majority of 
the population is engaged in subsistence agriculture. Annual per capita 
gross domestic product is estimated at $330. Principal exports are 
coffee, cotton, timber, tobacco, and diamonds. Salary arrears continued 
during the year at an average of 12 months' pay for civilians and 9 
months' pay for the military. The arrears continued to impair the 
functioning of the Government and the authority of the State to enforce 
the rule of law. The misappropriation of public funds and corruption in 
the Government have diminished but remained widespread.
    The Government's overall human rights record remained poor, with 
serious problems in many areas and deterioration in others. Citizens 
generally were able to choose their national government; however, 
government control of the electoral process and an instance of 
government manipulation of the National Assembly called this right into 
question. Security forces continued to commit extrajudicial killings, 
including government-approved executions of suspected bandits and 
killings reportedly committed for political reasons by members of the 
presidential guard. There also were credible reports of deaths of 
prisoners due to police abuse. Police continued to torture, beat and 
otherwise abuse suspects and prisoners. Other human rights abuses 
included harsh prison conditions; arbitrary arrest and detention; 
prolonged detention without trial; limits on judicial independence; 
infringements on citizens' right to privacy; restraints on press 
freedom to criticize the government; restriction of freedom of assembly 
and association; some limits on freedom of religion; and some limits on 
freedom of movement. Violence and discrimination against women; female 
genital mutilation (FGM); child prostitution; discrimination against 
indigenous people (Pygmies); tensions and occasional violence, 
especially within the security forces, between some largely 
progovernment northern ethnic groups and some largely pro-opposition 
southern ethnic groups; and child labor, including instances of forced 
child labor, continued to be problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--On the night of 
November 18-19, armed men, identified by press reports and by the 
president of the Central African Human Rights League (HRL) as members 
of the FORSDIR presidential guard, killed former army lieutenant 
Antoine Bodo in his home in Kembe, in the country's southern region. 
Bodo, a member of former President Kolingba's Yakoma tribe, was rumored 
to be working with the former President's son, Captain Serge Kolingba, 
to create a Yakoma militia. Bodo's killers then abducted several other 
persons who may have witnessed Bodo's killing and killed four of them, 
dropping their bodies along the road as they returned to Bangui, the 
capital; these four persons were gendarme Apollinaire Hondet, a pastor 
named Grembete of the Apostolic Church, Al Ahzdi Khalill, a local 
leader of the Central African Democratic Rally (RCD) party headed by 
former president Kolingba, and a man named Delphan from a merchant 
family. On December 4 the Government dispatched a team of gendarmes to 
Kembe to investigate the incident. A group of National Assembly members 
from the largely pro-opposition region accompanied the gendarmes; 
however, the government's Office of Human Rights was not permitted to 
send a representative. By year's end, neither the gendarmes nor the 
legislators had released their reports on the Kemba killings. However, 
on December 6, the president of the HRL alleged in a press statement 
that the killings were planned in Bangui and committed with the use of 
government vehicles, and that that the killers had been identified but 
had rejoined their units. The LCDH president accused the Patasse 
Government of preventive repression of its political opponents, 
particularly Yakoma supporters of former president Kolingba.
    Police executed several suspected armed bandits and robbers with 
prior arrest records. A special Squad for the Repression of Banditry 
(OCRB), formed in response to the spread of armed robbery throughout 
Bangui following the military mutinies of 1996 and 1997, continued to 
operate. The police commissioner continued repeatedly to publicize on 
radio and television the crimes of criminals apprehended by this squad; 
they were executed the following day. For example, in late April three 
young members of an armed gang were shown on television with goods they 
allegedly had stolen, including guns, ammunition, and computers, and 
the head of the police explained their alleged crimes. They were 
executed without a trial. The prosecutor indicated that he has no 
record regarding the activities or detainees of this police squad. 
Medical staff confirmed that the OCRB often takes the bodies of persons 
it has executed to the hospital and leaves them for the family to pick 
up. Some detainees died after torture (see Section 1.c.). The 
Government tacitly approved the actions taken by the police squad to 
reduce armed robbery; it has never prosecuted members of the security 
forces for these extrajudicial killings. Many citizens also supported 
the practice of killing alleged armed robbers extrajudicially.
    On June 19 FORSDIR presidential guards shot and killed six Chadian 
herdsmen outside Bangui, in a fight precipitated by trampling of a 
farmer's field by a Chadian cow. Members of the guard also wounded 
eight Chadian herdsmen, and herdsmen stabbed and killed one FORSDIR 
guardsman. The gendarmerie investigated the incident, and the 
Government financially compensated the families of the victims.
    The Government did not prosecute any members of the security forces 
for extrajudicial killings.
    There were deaths due to mob violence, including mob killings of 
persons suspected of practicing witchcraft. Although religious 
tolerance among members of different religious groups is the norm, 
rural radio stations have reported several killings of persons 
suspected of practicing witchcraft. In October 1998, in the eastern 
prefecture of Obo, villagers buried alive an old man suspected of 
having caused by witchcraft the deaths by drowning of two young boys. 
In February authorities in the village of Sibut detained three men 
alleged to have caused the death of young persons by witchcraft. The 
detained men were brought before a court on charges of murder. After 
the court released the three men for lack of evidence, they were killed 
by a mob on their way home. Government gendarmes arrested some suspects 
and the accused are awaiting trial.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and other Cruel, Inhumane, or Degrading Treatment or 
Punishment.--Although the Penal Code prohibits torture and specifies 
sanctions for those found guilty of physical abuse, police continued to 
beat and otherwise abuse criminal suspects and prisoners. In January 
FORSDIR presidential guards tortured and beat a pro-opposition labor 
union leader whom they had detained arbitrarily (see Sections 1.d. 
2.b., 3 and 6.a.). As in previous years, family members and the HRL 
Executive Committee continued to file court complaints with the 
prosecutor based on several deaths of prisoners due to police abuse, 
but the authorities continued to take no action (see Section 1.a.).
    FORSDIR continued to be a well-equipped force parallel to the 
military that frequently used excessive force in its operations; it 
reportedly also was responsible for other serious human rights abuses 
(see Sections 1.a. and 1.d.). For most of the year, the Government 
resisted acting on a U.N. Security Council recommendation that it limit 
the mission of FORSDIR to the protection of the President, his family, 
and government institutions. As part of military restructuring 
legislation adopted in November, the FORSDIR unit was placed under the 
civilian control of the Minister of Defense. Integration of FORSDIR 
elements into the regular armed forces had not occurred by year's end.
    There was occasional political violence during the presidential 
campaign (see Section 3).
    There have been occasional reports that villagers who were believed 
to be witches were harassed, beaten, or sometimes killed by their 
neighbors. Courts have tried, convicted, and sentenced some persons for 
crimes of violence against suspected witches.
    Armed foreigners, including soldiers of the governments of the 
Democratic Republic of Congo (DROC) and of Chad, who had fought in the 
civil war in the DROC on the side of the DROC Government but had fled 
into the country in the face of advancing DROC rebel and Ugandan 
forces, repeatedly abused civilians. In May heavily armed Chadian 
forces that withdrew from DROC conflicts committed robberies and rapes 
on their way back to Chad. In August six armed men alleged to be DROC 
government soldiers raped one French and two Korean nuns at their 
residence in Bangassou, near the border with the DROC, and beat a local 
priest (see Section 2.d.).
    Prison conditions are harsh. Ngaragba, Bangui's main prison, was 
ransacked during the 1996 mutinies. Nearly 500 detainees, half of whom 
are awaiting trial, still were being kept in 10 police stations around 
Bangui at year's end. Cells are overcrowded, and the basic necessities 
of life, including food, clothing, and medicine, are in short supply 
and often are confiscated by prison officials for their personal use. 
Prisoners frequently are forced to perform uncompensated labor at the 
residences of government officials and magistrates (see Section 6.c.). 
Male and female prisoners are confined in separate facilities in Bangui 
but housed together elsewhere. Minors routinely are housed with adults 
and subjected to physical abuse.
    The Government permits prison visits by human rights monitors. The 
national Red Cross and religious groups routinely provide supplies, 
food, and clothes to prisoners. The ICRC has unrestricted access to 
prisoners.
    d. Arbitrary Arrest, Detention, or Exile.--The law provides 
protection against arbitrary arrest and detention, but the security 
forces often ignored these provisions. The law stipulates that persons 
detained in cases other than those involving national security must be 
brought before a magistrate within 96 hours. In practice authorities 
often do not respect this deadline, in part due to inefficient judicial 
procedures. Judicial warrants are not required for arrest. By law, 
national security detainees are defined as ``those held for crimes 
against the security of the State'' and may be held without charge for 
up to 2 months.
    On January 9, FORSDIR presidential guards arbitrarily detained 
labor union leader Sonny Cole shortly after he played a leading role in 
organizing a 1-day general strike to protest the ruling party's 
acquisition of a one-seat majority in the NationalAssembly through the 
postelection defection of a member elected as an opposition candidate 
(see Section 3). He was released the next day after being tortured and 
beaten (see Sections 1.c, 2.b., 3 and 6.a.), following initiatives on 
his behalf by MINURCA officials and the HRL. During the year, the 
Government released Corporal Jean Tindani, one of the 1996 mutineers 
who was granted amnesty following the 1997 Bangui Accords but had been 
under arbitrary detention by the police Squad for the Repression of 
Banditry since May 1997.
    Prolonged pretrial detention is a serious problem. Approximately 
one-half the male prison population consists of pretrial detainees.
    The law does not permit the use of exile, and the Government does 
not employ it in practice. The Government has stated repeatedly that 
any person in exile for strictly political, rather than criminal, 
reasons may return without fear of persecution.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, but there are reliable reports of executive 
interference.
    The judiciary consists of regular and military courts. New courts 
of justice were created in 1997 in both urban and rural areas. A 
juvenile court was created in 1998. However, these courts are not 
functioning due to inefficient administration, shortage of trained 
personnel, growing salary arrears, and a lack of material resources. In 
April the Criminal Court opened its second session. Lawyers defended 
all accused persons. Some were found guilty and sentenced to 
imprisonment.
    In criminal cases, the accused are presumed innocent and have the 
right to legal counsel, to public trial, to be present at their trials, 
and to confront witnesses. The Government generally respects these 
safeguards in practice in many cases; however, a number of persons were 
subjected to prolonged detention without trial or were summarily and 
extrajudicially killed by the OCRB.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home or 
Correspondence.--The law prohibits invasion of homes without a warrant 
in civil and criminal cases. On occasions police used provisions of the 
Penal Code governing certain political and security cases that allow 
them to search private property without a warrant. Security forces 
continued to carry out warrantless searches for guns and ammunition in 
private homes, a practice initiated in 1997 as part of a disarmament 
process following the 1996-97 military mutinies. In February the OCRB 
repeatedly searched the private residence of an opposition Member of 
Parliament, Alphonsine Boganda, without judicial warrant or respect for 
her immunity, allegedly for illegally possessed guns. No guns were 
found. Deputy Boganda filed a complaint against the police involved in 
the search that she dropped after receiving an apology from the head of 
the OCRB. In March the police searched without warrant the office and 
the residence of the editor of a private newspaper, Le Citoyen, shortly 
after that newspaper published articles critical of the Patasse 
Government (see Section 2.a.). The Government continued to monitor the 
telephones of some opposition figures and to engage in wiretapping 
without judicial authority.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government at times 
restricted the freedom of the print media to criticize the government. 
Legislation enacted in 1998 rescinded the Government's authority to 
censor the press, defined the rights and responsibilities of private 
media, and created a High Broadcast Council to regulate the media; 
however, the Government continued to dominate domestic broadcast media. 
Libel cases are addressed in civil rather than criminal courts.
    Citizens continued to speak freely and publicly, criticizing the 
Government and political parties. Opposition leaders in particular used 
press statements, manifestos, and copies of open correspondence to the 
Government to circulate their views. The Government made no apparent 
effort to censor, seize, or halt the printing and circulation of these 
materials.
    The Government owns and controls two newspapers, the Agence 
Centrafricaine de Presse (ACAP) bulletin, which appears sporadically, 
and Be Africa Sango. Echo de CentrAfrique, a private daily newspaper 
created at the beginning of 1999, is close to the ruling party.
    More than a dozen private newspapers were published over varying 
intervals; eight were published on a regular basis during the year. 
These newspapers often were outspoken in their criticism of the 
President, the Government's economic policies, and official corruption. 
However, the editor of Le Citoyen reported that in March the former 
Interior Minister--the present chief of the gendarmerie--harassed him 
regarding his criticism of the Government. In May security forces 
searched his office and attempted to arrest him in an effort to 
identify his sources of information.
    Radio is the most important medium of mass communication, since 
literacy is not universal and newspapers and television are relatively 
expensive and rarely are found outside urban areas. The Government owns 
and operates a radio station and a television station. Programming was 
dominated by reporting on the activities of President Patasse and 
senior government officials. Observers noted that the ruling majority 
parties received more coverage of their activities or meetings than 
opposition parties. In January the Director General suspended Christien 
Noel Panika, a government radio station newscaster, from work for 3 
months because he had broadcast a press release on a students' strike 
without approval of the Minister of Communications and had reported to 
Radio France International (RFI) on government actions. The presidency, 
especially the President's communications advisor, reportedly controls 
the radio programs and broadcasts. Some programs, such as a popular 
call-in show, whose listeners often expressed opinions critical of the 
Government, were taken off the air.
    Government television and radio broadcasts included weekly programs 
that provided an opportunity for political parties to present their 
views and discuss their programs. Although the opposition originally 
welcomed this promised access to the public media, in practice it did 
not materialize. During the legislative and presidential elections, 
political parties had access to the public media according to a 
schedule established by the High Council of Communication; opposition 
candidates received equal coverage and had equal access to state-owned 
media.
    Since the mid-1990's, the Government has partially relaxed its 
monopoly of domestic radio broadcasting. A private radio station, 
Africa Number One, part of a French-owned network based in Libreville, 
Gabon, has been broadcasting in Bangui since 1995. Its programming 
includes national news coverage by a correspondent based in the 
country. A station affiliated with the Catholic Church began operations 
the same year. Its programming includes national news, debates, legal 
counseling, and human rights education. RFI has been broadcasting 
domestically since 1997. Its programming includes some national news 
coverage by a correspondent based in the country. In 1998 Radio 
MINURCA, the U.N. peacekeeping forces' radio, began broadcasting. 
However, there are no private broadcast media entities owned and 
operated by citizens of the country, as distinct from transnational 
French networks or Catholic networks. There are no privately owned 
stations that broadcast domestically produced national news or 
political commentary.
    The Government continues to monopolize domestic television 
broadcasting. Private television broadcasting is allowed by law; the 
High Council of Communication is responsible for authorizing private 
television as well as radio stations. No applications to establish a 
private television station have been received. In the judgment of 
domestic investors, the economic preconditions for one do not exist. 
The Government does not restrict domestic receipt or distribution of 
satellite or cable television, but few citizens can afford it, and it 
is not widespread even in the capital. A private telecommunications 
company established pursuant to a 1996 law that liberalized 
telecommunications operates a domestic Internet and e-mail service 
provider as well as cybercafes. Few citizens can afford home access to 
the Internet, but many urban residents rent brief access at cybercafes.
    Prior to 1999, the Government did not impede foreign journalists in 
their work. However, on January 14, journalists Stephen Smith, of the 
newspaper Liberation, and his wife, Geraldine Faes, of Jeune Afrique 
magazine, along with their two children, were turned back by the 
presidential guards immediately after landing at the airport, despite 
having received proper visas at the Government's embassy in Paris. In 
1998 Smith had written anarticle on President Patasse's diamond 
interests. Their friend, human rights activist lawyer Nicolas Tiangaye, 
who met them upon arrival, was pushed and threatened by the 
presidential security guards (see Sections 2.d. and 4).
    The Government respects academic freedom. University faculty and 
students belong to many political parties and generally express their 
views without fear of reprisal.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of assembly; however, the Government restricted 
this right in practice on several occasions during the year. In 
addition, some legal restrictions on freedom of assembly remain. A 1992 
decree requires organizers of demonstrations and public meetings to 
register with the Government 48 hours in advance and also prohibits 
political meetings in schools or churches. Prior to 1999, the Ministry 
of Administration, Territory, and Security, now known as the Ministry 
of Interior, generally had not prohibited demonstrations or public 
meetings if notified in advance. However, in January and February the 
Government, with the express approval of President Patasse, refused to 
allow the Union des Forces Acquises a la Paix (UFAP), a coalition of 
political parties, labor unions, and NGO's, to hold public meetings on 
the grounds that it was not a registered organization. The ban was not 
lifted by the end of the year. The UFAP cancelled a public meeting that 
it had called for February 6 in order to avoid a violent confrontation 
with security forces. Also in February, following the opposition 
boycott of the National Assembly, police dispersed an opposition 
meeting organized in Bimbo, south of Bangui, by the deputies of the 
opposition Movement for Democracy and Development (MDD), an opposition 
party, to explain the ongoing crisis at the National Assembly to their 
constituency. Due in part to these government restrictions on public 
meetings, the opposition resorted to a 1-day general strike to express 
widespread disapproval of the means by which the ruling party had 
obtained a majority in the National Assembly. After the Presidential 
election, in late September and early October, the Government again 
enforced its ban on all public demonstrations and mass meetings 
nationwide.
    The Constitution provides for freedom of association; however, the 
Government restricted this right in practice. All associations 
including political parties must register with the Ministry of Interior 
in order to enjoy legal status. The Government usually has granted 
registration expeditiously.
    There are more than 35 registered political parties and a variety 
of nonpolitical associations. The Government normally allows them to 
hold congresses, elect officials, and publicly debate policy issues 
without interference except when they advocated sectarianism or 
tribalism. However, in January the Interior Minister suspended for 3 
months the activities of two nongovernmental organizations (NGO's). 
These NGO's, the AITAO (Brotherhood Association) and Le Cri de la Foret 
distribute medicine to the rural population and promote forest 
conservation.
    Also, in connection with prohibiting the UFAP from holding public 
meetings, the Government enforced a law that does not allow 
nonpolitical organizations to coalesce for political purposes; no 
comparably significant reports of enforcement of this law had been 
reported during previous years of the Patasse Government.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion but establishes fixed legal conditions and prohibits what the 
Government considers religious fundamentalism or intolerance. The 
constitutional provision prohibiting religious fundamentalism is widely 
understood to be aimed at Muslims. There is no state religion. The 
population is believed to be about 50 percent Christian, 15 percent 
Muslim, and 35 percent practitioners of traditional indigenous 
religions, or non-religious. Most Christians also practice some aspects 
of their traditional indigenous religions. In practice, the Government 
permits adherents of all religions to worship without interference. 
Religious organizations and missionary groups are free to proselytize, 
worship, and construct places of worship.
    Religious groups (except for traditional indigenous religious 
groups) are required by law to register with the Government's Ministry 
of Interior. This registration is free and confers official recognition 
and certain limited benefits, such as customs duty exemption for the 
importation of vehicles or equipment, but does not confer a general tax 
exemption. Theadministrative police of the Ministry of Interior keep 
track of groups that have failed to register, but the police have not 
attempted to impose any penalty on such groups. The Government 
continued to refuse to reregister the previously registered and 
subsequently banned Unification Church.
    The Ministry of Interior has registered more than 100 religious and 
nonreligious groups since 1993. However, any religious or nonreligious 
group that the Government considers subversive is subject to sanctions. 
The Ministry of Interior may decline to register, suspend the 
operations of, or ban any organization that it deems offensive to 
public morals or likely to disturb the peace. The Government has banned 
the Unification Church since the mid-1980's as a subversive 
organization likely to disturb the peace, specifically in connection 
with alleged paramilitary training of young church members. However, 
the Government imposed no new sanctions on any religious group during 
the year. The Ministry of Interior also may intervene to resolve 
internal conflicts about property, finances, or leadership within 
religious groups.
    The practice of witchcraft is a criminal offense under the Penal 
Code; however, persons generally are prosecuted for this offense only 
in conjunction with some other offense, such as murder. Witchcraft 
traditionally has been a common explanation for diseases of which the 
causes were unknown. The practice of witchcraft is widely understood to 
encompass attempts to harm others not only by magic, but also by covert 
means of established efficacy such as poisons.
    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation.--Persons are free to move about within 
the country, but the police, security forces, and other officials 
harass travelers unwilling or unable to pay bribes at checkpoints along 
major intercity roads and at major intersections in Bangui. However, 
under pressure from the National Assembly, the Ministry of 
Administration, Territory, and Security removed some security forces 
checkpoints on the main roads outside the capital during the year.
    Presidential security forces (FORSDIR) continued to be stationed at 
the airport to control travelers. Immigration authorities informed some 
citizens, when attempting to leave the country, that their names were 
on unspecified official lists that prohibited their departure. The 
Government generally allows opposition leaders to travel abroad or 
inside the country without restrictions; however, interventions by 
human rights organizations and the international community were 
required to achieve this in some cases during the year. Moreover, in 
October the Government, acting on orders from President Patasse, 
prevented General Timothee Malendoma, the 63-year-old leader of an 
opposition party, from leaving the country for the stated purpose of 
attending an evangelical religious conference. In January the FORSDIR 
refused to allow French journalists to enter the country (see Section 
2.a.).
    Attacks by bandits on major routes to the north and east sometimes 
occurred, even though travelers moved in convoys with military escorts.
    The 1951 U.N. Convention Relating to the Status of Refugees and its 
1967 Protocol have the force of law, and the Government treats refugees 
in accordance with its provisions. The Government continued to work 
with the office of the United Nations High Commissioner for Refugees 
(UNHCR) in hosting Chadian, Sudanese, Rwandan, and Congolese refugees. 
Almost all refugees were registered with the National Commission for 
Refugees.
    In May the Government allowed units of the Chadian armed forces 
that had been fighting on the side of the DROC government in the DROC 
civil war to return to Chad overland through the country (see Section 
1.c.). In July approximately 15,000 to 20,000 DROC civilians and DROC 
government soldiers entered the country as DROC rebel forces advanced 
into areas of the DROC adjacent to the country. The Government 
facilitated UNHCR efforts to feed, house, and provide medical treatment 
to the refugees. It also facilitated the return of the DROC soldiers 
and their weapons to Kinshasa in Libyan aircraft.
    Applicants for asylum generally are well treated and often are 
accepted. There were no reports of the forced return of persons 
considered to be refugees under international standards to a country 
where they feared persecution, but some of the DROC soldiers who were 
repatriated feared prosecution and possible execution for desertion by 
the DROC government.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    Citizens first exercised this right in 1993, in free and fair 
elections that were the culmination of a successful democratization 
movement led by Ange Felix Patasse. Patasse's MLPC won both the 
presidency and a majority of seats in the unicameral national 
legislature. Citizens again exercised their constitutional right to 
change their government by democratic means through National Assembly 
elections in 1998 and a presidential election on September 19. 
International observers deemed both elections generally free and fair. 
However, the presidential elections were marred by irregularities in 
voter registration and distribution of electoral materials. Some of the 
registration irregularities tended to favor the ruling party.
    In the 1998 National Assembly elections, opposition parties won 55 
seats, while the ruling MLPC party of President Patasse and its allies 
won 54 seats. However, the defection of one opposition National 
Assembly member in December 1998 gave the ruling party and its 
coalition a one-seat majority. The opposition parties and the UFAP 
strongly protested this defection and boycotted the inauguration of the 
new session of the legislature. Since the Government restricted their 
freedom of assembly, the opposition resorted to a 1-day general strike 
to express widespread disapproval of the means by which the ruling 
party obtained a majority in the National Assembly. FORSDIR 
presidential guards arrested and tortured a labor union activist 
following the strike (see Sections 1.c and 1.d.). The FORSDIR harassed 
observers, such as the president of the Central African Human Rights 
League (LDCH), after he strongly criticized the monopolization of power 
by President Patasse (see Section 4).
    President Patasse's first term of office expired in October, but he 
was constitutionally eligible to seek a second consecutive term. In 
June the Government established an Independent Electoral Commission 
(CEMI) to supervise the presidential election. Although the CEMI 
included representatives from many political parties on its board, its 
staff was run at the national level by a chairman appointed by 
President Patasse, and was run at the local level by central government 
subprefects who served at the pleasure of the President and most of 
whom belonged either to the ruling party or one of its coalition 
allies. The Government explicitly rejected suggestions by elements of 
the international community, which provided material and financial 
support for the election, that the executive branch of the Government 
not involve itself in the management of the electoral process. In 
August President Patasse promulgated a decree that subordinated CEMI to 
the state Organ of Control (OCASPA), a state organization that he had 
created by decree on May 1 to oversee the election process. Before the 
presidential election, there were credible reports of attempts to 
inflate the number of registered voters sharply in pro-MLPC northern 
areas, although this was corrected before the polling. The Government 
postponed the first round of the presidential election, first from 
August 29 to September 12, and then to September 19, after serious 
problems in ballot distribution became evident; however, the Government 
denied requests from opposition leaders for further delays to permit 
more complete resolution of problems with the electoral process. Some 
provisions of the electoral code, requiring publication of voter lists 
at least 15 days before the election and distribution of voter 
identification cards at least 8 days before the election, were not 
respected. On election day, a shortage of ballots was reported in some 
largely pro-opposition districts. Opposition party poll-watchers 
reported the use of some falsified voter identification documents by 
voters, and there were several reports of ballot boxes being delivered 
to the CEMI without certified tally sheets, or from unofficial polling 
places.
    On October 2, two weeks after the voting, the Constitutional Court 
announced the official results of the election and declared President 
Patasse reelected with 51.6 percent of the votes cast. Nine other 
candidates certified by the Constitutional Court had competed in the 
election. The Constitution required a second-round runoff election if 
no candidate received 50 percent of votes cast in the first round 
election. However, only one of the unsuccessful candidates filed a 
complaint with the Constitutional Court.
    There was occasional violence during the presidential election 
campaign. On September 10, fighting in Bangui between supporters of 
President Patasse and former president Kolingba, who was running 
against Patasse, left about 20 persons wounded. On October 2, when the 
Constitutional Court declared President Patasse reelected, and while 
the Government's ban on all largepublic meetings was in effect (see 
Section 2.b.), some opposition supporters attacked the residence of the 
French Ambassador and vehicles that belonged to the Embassy of China to 
protest those two governments' perceived support for Patasse.
    The Constitution provides for multiple political parties. The State 
is highly centralized. The central Government appoints all subnational 
government officials, and subnational government entities have no 
significant fiscal autonomy. The Government failed to hold 
constitutionally required local elections in recent years, ostensibly 
due to budgetary restrictions. The Government has appointed four 
successive mayors of Bangui, the capital, a southern city well outside 
the ruling party's main political base in the north (see Section 5).
    There are no laws that restrict the participation of women or 
minorities in the political process, but their numbers are few in 
government and politics. Before and during the legislative and 
presidential elections, the Government's Department of Social Affairs 
and women's NGO's implemented programs and launched an extensive public 
awareness campaign to encourage women to register to vote and to 
compete for public office. There are very few women in prominent 
government positions. Only 8 members of the National assembly are 
women, although 80 women competed for the 109 seats. Three of the 25 
cabinet members are women. The President, for the first time, appointed 
five women as prefects.
    At year's end, there was one Muslim in the Prime Minister's 
Cabinet, and there were at least five Muslims in the National Assembly.
    President Patasse is a member of the Sara-Kaba ethnic group. 
Members of northern ethnic groups, including the Sara and Baya, 
continued to predominate among the President's advisors, in the 
leadership of the ruling party, and among ruling party members of the 
National Assembly; they also held most ministerial positions in the 
Government until November, when Patasse appointed a more ethnically 
diverse Government. Both Prime Minister Qanicet George Dologuele and 
Luc Dondon Konambaye, who became President of the National Assembly in 
January, are distant relatives of Patasse.
    Pygmies (Ba'aka), the indigenous inhabitants of the southern part 
of the country, who represent from 1 to 2 percent of the population, 
are not represented in the Government and have little political power 
or influence.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Central African Human Rights League (LCDH) publicizes human 
rights violations and pleads individual cases of human rights abuses 
before the courts. The LCDH distributed to prisons, police stations, 
courts, schools, and to other NGO's pamphlets describing human rights 
and information on judicial access. In January the LCDH issued a press 
release protesting the arbitrary arrest and torture of union leader 
Sonny Cole by the FORSDIR and urged the Government to release him. In 
the same document, the LCDH also severely criticized the monopolization 
of executive and legislative power by members of President Patasse's 
ethnic group and Patasse's refusal to compromise with the opposition. 
Security forces harassed the president of the LDCH after he strongly 
criticized the monopolization of power by President Patasse (see 
Section 3).
    Several other NGO's, including the Movement for the Defense of 
Human Rights and Humanitarian Action and some religious groups actively 
monitor human rights problems. Although the Government welcomed the 
role that some of these NGO's played in mediating its negotiations with 
military mutineers in 1996 and 1997, it did not welcome their criticism 
of the process by which the Government formed a slender majority 
coalition in the National Assembly in December 1998 (see Section 3).
    On January 14, FORSDIR presidential guards physically abused human 
rights lawyer Nicolas Tiangaye at Bangui's airport, where he was 
meeting foreign journalists (see Section 2.a.). The previous day, in an 
interview on RFI, Tiangaye had criticized the growing concentration of 
political power in the hands of members of President Patasse's ethnic 
group and discussed allegations of human rights violations during the 
Patasse Administration.
    International observers including U.N. human rights monitors from 
MINURCA observed the 1998 legislative elections and theSeptember 
presidential election. No other international human rights 
organizations are known to have sought to visit the country during the 
year.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution stipulates that all persons are equal before the 
law without regard to wealth, race, sex, or religion, but the 
Government does not enforce these provisions effectively, and 
significant discrimination exists.
    Women.--Violence against women, including wife beating, occurs 
although inadequate data make it impossible to quantify the extent. 
Victims seldom report incidents. The courts try very few cases of 
spousal abuse, although litigants cite these abuses during divorce 
trials and civil suits. Some women reportedly tolerate abuse in order 
to retain a measure of financial security for themselves and their 
children. The Government continued not to address this problem during 
the year.
    In daily practice, women are treated as inferior to men both 
economically and socially. Single, divorced, or widowed women, even 
with children, are not considered to be heads of households. Only men 
are entitled to family subsidies. Women in rural areas generally suffer 
more discrimination than do women in urban areas. Sixty to 70 percent 
of urban women have attended primary school, whereas only 10 to 20 
percent of their rural counterparts have done so. At the primary level, 
females and males enjoy equal access to education, but the majority of 
young women drop out at age 14 or 15 due to social pressure to marry 
and bear children. Only 20 percent of the students at the University of 
Bangui are women. There are no accurate statistics on the percentage of 
female wage earners. Women's access to educational opportunities and to 
jobs, particularly at upper levels in the professions or in the 
government service, traditionally has been limited. In 1999 numerous 
active women's groups organized workshops and seminars to promote 
women's and children's rights and to fully participate in the electoral 
process.
    Polygyny is legal, although this practice faces growing resistance 
among educated women. The law authorizes a man to take up to four 
wives, but a prospective husband must indicate at the time of the first 
marriage contract whether he intends to take additional wives. In 
practice many couples never marry formally because men cannot afford 
the traditional bride payment. Women who are educated and financially 
independent tend to seek monogamous marriages. Divorce is legal and may 
be initiated by either partner. The law does not discriminate against 
women in inheritance and property rights, but a welter of conflicting 
customary laws often prevails. A family code designed to strengthen 
women's rights was enacted in May 1998.
    The Association of Central African Women Lawyers advises women of 
their legal rights. The organization also publishes pamphlets in 
conjunction with the Ministry of Social Affairs on the dangers of FGM 
and of food taboos.
    Children.--Although there is no official discrimination against 
children, the Government spends little money on programs for children. 
Churches and NGO'S have relatively few programs for youths. The failure 
of the education system, caused by a meager budget and salary arrears, 
resulted in a shortage of teachers and an increase in street children. 
Education is compulsory beyond the age of 5 years through primary and 
secondary school, but parents rarely are prosecuted for their 
children's nonattendance. Moreover, in practice, the age at which a 
child starts school often varies by 2 to 3 years in rural areas. Many 
children survive by begging and stealing. Several charitable 
organizations strive to assist them. In some rural areas, teachers or 
principals use their pupils as farm laborers.
    A teacher's strike that lasted all year further reduced educational 
opportunities for children (see Section 6.a.).
    Some girls enter prostitution to earn money for the survival of the 
family. The presence of international peacekeeping forces in the 
capital has aggravated the problem of teenage prostitution. Child 
prostitution increased in the capital until late in the year, when 
MINURCA began its withdrawal from the country. The Government did not 
address these problems during the year.
    The Penal Code forbids parental abuse of children under the age of 
15 years. The Family Code was designed to strengthen children's rights. 
Illegitimate children now have the same rights as those born in 
wedlock. A juvenile court was set up in 1998 but lacked the means to 
function (see Section 1.e.).
    A 1996 ordinance banned female genital mutilation, which is widely 
condemned by international health experts as damaging to both physical 
and psychological health. However, girls continued to be subjected to 
this traditional practice in certain rural areas, and to a lesser 
degree in Bangui. Approximately 45 to 50 percent of adult females have 
undergone FGM. A campaign of awareness organized by the Ministry of 
Social Welfare and NGO'S has reduced the incidence of FGM in some rural 
areas. This campaign was continuing at year's end.
    People with Disabilities.--There is no codified or cultural 
discrimination against the disabled. There are several government-
initiated programs designed to assist the disabled, including 
handicraft training for the blind and the distribution of wheelchairs 
and carts by the Ministry of Social Services. There are no legislated 
or mandated accessibility provisions for the disabled.
    Indigenous people.--Despite constitutional protection, there is 
societal discrimination against Pygmies (Ba'aka), the earliest known 
inhabitants of the rain forest in the southern part of the country, who 
make up about 1 to 2 percent of the country's population. In general, 
Pygmies have little input in decisions affecting their lands, culture, 
traditions, and the allocation of natural resources. Indigenous forest-
dwelling Pygmies, in particular, are subject to social and economic 
discrimination and exploitation, which the Government has done little 
to correct. Pygmies often work for villagers at wages lower than those 
paid to members of other groups.
    Religious Minorities.--Muslims (who constitute about 15 percent of 
the population), particularly Mbororo (also known as Peulh or Fulani) 
herders, continued to claim that they were singled out for harassment 
by authorities, including extortion by police, due to popular 
resentment of their presumed affluence. Muslims play a preponderant 
role in the economy. On September 14, supporters of an opposition 
presidential candidate looted Muslim businesses in Kouanga, on the DROC 
border.
    National/Racial/Ethnic Minorities.--The population of about 3.5 
million includes about 90 ethnic groups; many of these groups speak 
distinct primary languages and are concentrated regionally outside 
urban areas. The largest ethnic groups are the Baya (more than 30 
percent), the Banda (more than 25 percent), the Mandja (more than 20 
percent), and the Sara (about 10 percent). The Mbororo make up about 5 
percent of the population but play a preponderant role in the economy. 
They are involved in mining development and remain the most important 
cattle breeders in the country.
    Until 1993 there was little ethnic balance at the higher levels of 
government. Under the regime of Andre Kolingba, who ruled from 1981 to 
1993, members of Kolingba's ethnic group, the Yakoma subgroup of the 
Ngbandi, held a disproportionate number of senior positions in 
government, the armed forces, and state-owned firms. As a result of 
President Patasse's 1993 election, Yakomas no longer hold a 
disproportionate number of positions in the civil service, but the 
armed forces still are being restructured to achieve greater ethnic 
balance. At year's end Yakomas still constituted the majority of the 
army. President Patasse is a member of the Sara ethnic group, which is 
linked to the Baya. The Patasse Government initially brought about a 
more representative ethnic balance to the Government. However, by 1998 
observers noted that members of the Sara and Baya northern ethnic 
groups close to the President were a majority in Patasse's Cabinet and 
also receive favorable treatment in government appointments. During the 
year, the opposition criticized the growing concentration of state 
power in the hands of members of northern ethnic groups, including the 
President, the President of the National Assembly, and the Prime 
Minister (see Section 3). In November, after the presidential election, 
the President appointed an ethnically more diverse group of cabinet 
ministers and advisors, as did the Prime Minister for his cabinet. 
However, about 80 percent of FORSDIR members are native to the 
President's northern region; many belong to the President's ethnic 
group or closely related groups.
    Major political parties tend to have readily identifiable ethnic or 
ethnic-regional bases. The results of the 1998 legislative elections 
and the September presidential election confirmed that the MLPC Party 
of President Patasse has strong support in the north, especially among 
the Sara and Baya ethnic groups, but also has strengthened its support 
in the capital. The Movement for Democracy and Development (MDD) party 
of former President Dacko is strong in the southwestern part of the 
country and the Central African Democratic Rally (RDC) Party of 
Kolingba, is popular in the southeast, in the Oubangui River basin, 
especially among the Yakoma.
Section 6. Workers Rights
    a. The Right of Association.--Under the Labor Code, all workers are 
free to form or join unions without prior authorization. A relatively 
small part of the workforce has exercised this right, chiefly wage 
earners such as civil servants. There are five recognized labor 
federations. The two most important are the Organization of Free Public 
Sector Unions and the Labor Union of Central African Workers (USTC), 
which are independent of the Government.
    Unions have the right to strike in both the public and private 
sectors. To be legal, strikes must be preceded by the union's 
presentation of demands, the employer's response to these demands, a 
conciliation meeting between labor and management, and a finding by an 
arbitration council that union and employer failed to reach agreement 
on valid demands. The union also must provide 8 days' advance written 
notification of a planned strike. The Labor Code states that if 
employers initiate a lockout that is not in accordance with the code, 
the employer is required to pay workers for all days of the lockout. 
Other than this, the code does not provide for sanctions on employers 
for acting against strikers. No employer actions against strikers are 
known to have occurred during the year. Primary and secondary teachers 
remained on strike throughout the year in protest against unpaid salary 
arrears and unsuitable working conditions.
    On January 9, FORSDIR presidential guards arbitrarily detained, 
beat and tortured labor union leader Sonny Cole shortly after he played 
a leading role in organizing a 1-day general strike to protest the 
ruling party's acquisition of a one-seat majority in the National 
Assembly through the postelection defection of a member elected as an 
opposition candidate (See Sections 1.c., 1.d., 2.b., and 3).
    Labor federations are free to affiliate internationally. The USTC 
is affiliated with the International Confederation of Free Trade 
unions.
    b. The Right to Organize and Bargain Collectively.--The Labor Code 
grants trade unions full legal status, including the right to sue in 
court. It requires that union officials been employed full-time in the 
occupation as a wage earner, but they may conduct union business during 
working hours. The code does not provide specifically that unions may 
bargain collectively. While collective bargaining has taken place in 
some instances, the Government usually is involved in the process.
    Wage scales are set by the Ministry of Labor and Civil Service. 
Salary arrears continued during the year at an average of 12 months for 
civilians and 9 months for military personnel; they continued to be a 
major complaint of the unions.
    The law expressly forbids discrimination against employees on the 
basis of union membership or union activity. The Labor Code does not 
state whether employers found guilty of antiunion discrimination are 
required to reinstate workers fired for union activities.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--Forced labor is 
specifically prohibited by the Labor Code, and there were no reports of 
forced or bonded labor, except for prisoners who were forced to work 
without compensation for government officials or magistrates (see 
Section 1.c.). The Labor Code also applies to children, although it 
does not specifically prohibit forced labor by children. However, the 
Government does not have sufficient resources to enforce the 
prohibition effectively. In some rural areas, teachers or principals 
use school children as labor on farms and someparents force their 
daughters into prostitution to help support the family (see Section 
5.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law forbids the employment of children under 14 years 
of age, but the Ministry of Labor and Civil Service enforces the 
provision only loosely. In practice child labor is common in many 
sectors of the economy, especially in rural areas. The Labor Code 
prohibits forced and bonded labor in general and children are covered 
by its provisions, but the Government does not enforce its provisions 
effectively (see Section 6.c.).
    e. Acceptable Conditions of Work.--The Labor Code states that the 
Minister of Labor must set minimum wages by decree. The minimum wage 
varies by sector and by kind of work. For example, the monthly minimum 
wage is equivalent to about $12 (7,800 CFA francs) for agricultural 
workers but to about $28 (18,000 CFA francs) for office workers. The 
minimum wage does not enable a worker and family to afford the basic 
necessities and is not adequate to maintain a decent standard of 
living. Most labor is performed outside the wage and social security 
system, especially by farmers in the large subsistence agricultural 
sector.
    The law sets a standard workweek of 40 hours for government 
employees and most private sector employees. Household employees may 
work up to 55 hours per week. The law also requires a minimum rest 
period of 48 hours a week.
    There are also general laws on health and safety standards in the 
workplace, but the Ministry of Labor and Civil Service neither 
precisely defines nor actively enforces them, a matter about which the 
International Labor Organization has expressed concern to the 
Government for many years. The Labor Code states that a labor inspector 
may force an employer to correct unsafe or unhealthy work conditions, 
but it does not provide the right for workers to remove themselves from 
such conditions without risk of loss of employment.
    f. Trafficking in Persons.--No law was known specifically to 
prohibit trafficking in persons, but there were no known cases that 
occurred.
                                 ______
                                 

                                  CHAD

    Chad is a centralized republic dominated by a strong presidency. 
President Idriss Deby, leader of the Patriotic Salvation Movement 
(MPS), has ruled since taking power in a 1990 rebellion. The Sovereign 
National Conference confirmed Deby in 1993 as Chief of State, and he 
was elected President in mid-1996 under a Constitution adopted in a 
referendum earlier that year. According to widespread credible reports, 
fraud, vote-rigging, and local irregularities marred both the 1996 
presidential election, which Deby won, and the 1997 legislative 
elections in which members of the MPS won 65 of 125 seats in the 
National Assembly. The Government remained unable to exert effective 
control over the northwestern region of the country where former 
Defense Minister Youssouf Togoimi began a rebellion in October 1998. On 
April 28, President Deby swore in 16 members of the Supreme Court, 
which began operations in July. Despite this major step in formally 
fulfilling the 1996 Constitution's requirement for the establishment of 
an independent judicial branch, the courts remained ineffective, 
overburdened, and subject to outside interference, including by the 
executive branch.
    The army, gendarmerie, police, National and Nomadic Guard (GNNT), 
and intelligence services are responsible for internal security. 
Officers from president Deby's ethnic group dominate the Rapid 
Intervention Force (FIR), and the National Security Agency (ANS), a 
counterintelligence organization that has acted as an internal 
political police force. The security forces continued to commit serious 
human rights abuses.
    The economy is based on subsistence agriculture, herding, and 
fishing. Annual per capita income is estimated at $230. The country has 
little industry; its chief export is cotton. Among the impediments to 
economic growth are corruption, numerous state-owned monopolies, a 
bloated civil service, and a thriving informal sector outside 
government taxation policies. There are substantial unexploited oil 
reserves, which are the subject of ongoing negotiations with a 
consortium of international oil companies. The Government remains 
heavily dependent on assistance from external donors and international 
financial institutions.
    The Government's human rights record remained poor, and there 
continued to be serious problems in many areas. The Government limited 
citizens' right to change the government. State security forces 
continue to commit extrajudicial killings, and they torture, beat, 
abuse, and rape persons. Prison conditions remain harsh and life 
threatening. Security forces continued to use arbitrary arrest and 
detention. Although the Government detains and imprisons members of the 
security forces implicated or accused of criminal acts, it rarely 
prosecutes or sanctions members of the security forces who committed 
human rights abuses. The Government also did not prosecute or punish 
security force personnel accused in previous years of killings, rape, 
torture, and arbitrary arrest and detention. The Government released 
jailed opposition Deputy Ngarlejy Yorongar, opposition party leader 
Yaya Batit and over 200 other prisoners in February; however, it still 
held political detainees, and lengthy pretrial detention remained a 
problem. The judiciary remained subject to executive interference and 
was unable to provide citizens with prompt trials. Security forces used 
illegal searches and wiretaps and monitored the contents of private 
mail. The Government at times restricted freedom of speech and of the 
press. It threatened the private press with judicial action if 
independent newspapers continued to publish interviews and statements 
by rebel leader Youssouf Togoimi. The Government at times limited 
freedom of assembly, religion, and movement and interfered with the 
operations of human rights groups. Societal discrimination against 
women remained common. Violence against women also is believed to be 
common, and female genital mutilation (FGM) remained widespread. Both 
official and societal ethnic and regional discrimination remained 
widespread; northerners, and in particular members of President Deby's 
Zaghawa ethnic minority, continued to dominate key positions in the 
public sector. There also were instances of forced labor, including 
forced child labor. Child labor is a problem. Serious armed conflict 
between the Government and rebels in the Tibesti continued.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Officially 
sanctioned extrajudicial killings of suspected criminals by police, 
customs officers, and gendarmes continued, although some members of the 
security forces were taken intocustody pending further judicial action. 
Units of the armed forces were responsible for the extrajudicial 
killings of suspected members of the northwestern rebellion in the 
Tibesti.
    In January security forces in collaboration with local 
administrative officials were responsible for killing seven presumed 
thieves in the Mayo Kebbi and Bongor areas. Also in January, two 
businessmen suspected of murder in Tan'djile died while in police 
custody. In February customs officials in Bol beat to death three men, 
which touched off a local sit-in. In March a local human rights group 
in the Logone Oriental discovered a common grave containing three 
unidentified corpses of persons who allegedly died at the hands of 
security forces from Moundou.
    Throughout the year, members of the Tibesti rebellion reported 
human rights abuses and the killing of suspected collaborators among 
the civilian population by members of the army. During March a human 
rights group verified four deaths in Zouar that were attributed to the 
army. In July Hemchi Dogori, a gendarme implicated in civilian 
massacres in the two Logones in 1993, opened fire on a group of 
villagers in Gourma near Faya Largeau. Nine persons were wounded, 
including two pregnant women, and one 81-year-old man was killed.
    b. Disappearances.--There were no reports of politically motivated 
disappearances during the year. However, there remain numerous cases of 
disappearances from previous years that have never been resolved. For 
example, in February 1998, security forces arrested Kibel Justin in 
Sarh for suspicion of aiding rebel leader Dr. Nahor Ngawara Mamouth. 
Although most detainees held for complicity in Dr. Nahor's 1998 
kidnaping of four Frenchmen were released in July 1998, Kibel Justin 
cannot be accounted for or located in other prisons.
    c. Torture, and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution specifically prohibits torture and 
degrading or humiliating treatment; however, members of the security 
forces tortured, beat, abused, and raped citizens. No one was 
prosecuted for these abuses.
    In January two members of the Ati gendarmerie broke the right arm 
of a high school student. In February members of the N'djamena 
gendarmerie arrested a member of the National Sugar Society and 
severely beat him for allegedly embezzling funds.
    Dr. Djibrine Ibrahim spent much of the period from February 1998 to 
June in detention on suspicion of aiding rebel leaders Dr. Nahor 
Ngawara Mamouth and Youssouf Togoimi. During his months of 
incarceration, military officers as well as ANS agents subjected Dr. 
Ibrahim to various forms of torture, including ``arbatachar'' (where 
the victim's arms and legs are tied behind his or her back cutting off 
circulation and sometimes resulting in paralysis), as well as severe 
beatings. Due to double fractures of his right hip, Dr. Ibrahim's right 
leg remains crippled, requiring him to use a cane in order to walk. 
Both his legs are heavily scarred as a result of numerous beatings and 
the application of irritants to open wounds on both legs. Despite 
lengthy periods of incarceration, the Government never permitted Dr. 
Ibrahim legal counsel or brought him before a judge on formal charges.
    Police injured two students when they dispersed demonstrations in 
February (see Section 2.b.).
    Security forces extorted money at roadblocks (see Section 2.d.).
    In September members of the police and military forces tortured a 
businesswoman at the behest of a presidential advisor who was in debt 
to the victim. Due to the publicity surrounding the case, President 
Deby dismissed the Minister of Justice, the presidential advisor, as 
well as the Director General of the Gendarmerie.
    Two specialized police units under the Ministry of Interior's 
authority committed numerous human rights abuses during the year. 
Members of the Police Rapid Action Company (CARP) and the Special 
Weapons and Tactics (SWAT) Unit (RAID) tortured, beat, and raped 
detainees, without sanction by government authorities. Impunity for 
those who commit human rights abuses remains widespread.
    Prison conditions were harsh and life threatening. Prisons were 
characterized by serious overcrowding; poor sanitation;inadequate food, 
shelter, and medical facilities; and the mixing of adult male and minor 
prisoners. Female prisoners usually are separated from males. The law 
provides that a doctor must visit each prison three times a week; 
however, there were credible reports that this was not done.
    Human rights organizations in June called on the Government to 
investigate numerous accusations by citizens in the Kenga canton of the 
Guera prefecture who claimed that the canton chief was operating a 
private prison in which some prisoners were tortured and whipped.
    The Government permitted the ICRC to visit all prisons, including 
military prisons, although it insisted on advance notice; the ICRC 
conducted 37 prison visits during the year. Domestic nongovernmental 
organizations (NGO's), including human rights groups, may visit a 
prison only with authorization from a court or from the Director of 
Prisons. These groups reportedly were not allowed access to military 
prisons, and their access to civilian prisons depended greatly on the 
personal inclinations of judges and prison administrators.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution and the 
Penal Code prohibit arbitrary arrest; however, security forces 
continued to use arbitrary arrest and detention. Arrest warrants must 
be signed by a judicial official; however, the Government often does 
not respect these requirements.
    Human rights organizations cite the cases of over 100 detainees 
held during the period from 1996 to 1999 by the canton chief in Kenga, 
Guera, who is accused of operating a private prison. In view of the 
lack of adequate judicial coverage in the country, the Government 
accords traditional chiefs some judicial authority in the area of 
arrest and short-term detention until prisoners can be turned over to 
judicial officials. However, the Kenga canton chief abused his 
authority in numerous cases.
    In the first 3 months of the year, the army arrested three persons 
in Faya Largeau on suspicion of aiding Tibesti rebel leader Togoimi. On 
March 18, the director general of the gendarmerie of Faya Largeau, 
acting under the orders of the Minister of Defense, arrested the imam 
of the Faya Largeau mosque. The Government also detained imams Sheskh 
Mahamat Marouf and Sheik Kaki Suzuki (see Section 2.c.).
    Members of CARP and RAID were responsible for numerous cases of 
arbitrary arrest and detention, and tortured, beat, and raped detainees 
(see Section 1.c.). Persons accused of crimes may endure up to several 
years of incarceration before being charged or tried, especially those 
arrested for felonies in the provinces, who must await remand to the 
overcrowded house of detention in N'djamena.
    The Government released jailed opposition Deputy Ngarlejy Yorongar, 
opposition party leader Yaya Batit, and over 200 other prisoners in 
February. However, the Government continued to hold political 
detainees. Detainees implicated in Dr. Nahor's rebellion remain in jail 
without charges and without trial. Despite the arrests of individuals 
on suspicion of subversive activities against the Government, no one 
has been tried for such crimes since Deby came to power. Political 
detainees either eventually are released or they disappear. The army 
returned from the Democratic Republic of Congo in June with a group of 
Congolese prisoners of war, many of whom were ordinary civilians. 
Although the Government claimed that they were Ugandan and Rwandan 
soldiers, the group consisted entirely of Congolese nationals who 
remain housed at a military facility in N'djamena.
    The Government did not practice forced exile; however, some family 
members of persons who joined the northern rebellion chose to leave the 
country for security reasons.
    e. Denial of Fair Public Trial.--The Constitution mandates an 
independent judiciary; however, the judiciary was ineffective, 
underfunded, overburdened, and subject to executive interference. In 
practice officials and other influential persons often enjoyed immunity 
from judicial sanction. Executive influence remains a serious problem 
in the judiciary. For example, in the case of the 11-month imprisonment 
of an imam in Abeche (see Section 2.c.), President Deby supported the 
prolonged incarceration of the imam despite the lack of a judicial 
review of the case (also see Section 1.d.). During the year, the 
President intervened in a number of legal cases for political reasons.
    On April 28, President Deby swore in 16 members of the Supreme 
Court as well as 9 members of the Constitutional Court. Establishment 
of the two courts fulfilled the Constitution's formal requirement for 
an independent judicial branch. Due to funding restrictions, both 
courts did not begin operations until mid-year and still are relatively 
untested legal bodies. The national judicial system operates with 
courts located in provincial capitals. The N'djamena court of appeals 
is supposed to conduct regular sessions in the provinces, but funding 
limitations do not permit the court to make periodic circuit visits.
    Applicable law can be confusing, as courts often tend to blend the 
formal French-derived legal code with traditional practices. Residents 
of rural areas often lack effective access to formal judicial 
institutions. In most civil cases, they rely on traditional courts 
presided over by village chiefs, canton chiefs, or sultans. Decisions 
may be appealed to a formal court.
    Official inaction and executive interference continue to plague the 
judiciary. Long delays in trials result in lengthy pretrial detention 
(see Section 1.d.).
    Justice officials' salaries are often low. Although the Government 
has stated that the strengthening and reform of the judiciary are top 
priorities, it made little progress in these areas.
    The Government has not enforced the Military Code of Justice since 
the 1979-80 civil war, and court martials instituted early in the Deby 
regime to try security personnel for crimes against civilians no longer 
operate.
    In February the President pardoned opposition deputy Ngarlejy 
Yorongar and opposition political party leader Yaya Batit, along with 
approximately 200 other prisoners. Both men had been accused of 
defamation in 1998. The Government denied Batit a public trial and did 
not provide him legal counsel. Yorongar's trial and subsequent appeals 
were characterized by irregularities and questionable judicial 
proceedings.
    There were no reliable figures concerning the number of political 
prisoners. A prominent political prisoner, Dr. Djibrine Ibrahim, was 
released in June. Political prisoners rarely are convicted of any crime 
and are either released or disappear.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the right to privacy of 
home, correspondence, and other communications, as well as freedom from 
arbitrary search; however, authorities infringed on those rights. The 
Penal Code requires authorities to conduct searches of homes only 
during daylight hours and with a legal warrant; however, in practice 
security forces ignored these provisions and conducted extrajudicial 
searches at any time.
    The Government engages in wiretapping without judicial authority 
and monitors the contents of private mail through the postal service.
    The Government illegally conscripted young men from eastern Chad 
and Sudan into the army where they were trained for fighting against 
rebel forces in northern Chad.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government at times 
restricted this right in practice. The Government threatened 
journalists with legal retaliation for publication of antigovernment 
articles. The Government's primary concern centered on a series of 
interviews with rebel leader Youssouf Togoimi, which the Minister of 
Communications labeled as seditious. Intelligence services personnel 
visited the offices of one journalist and threatened her if she 
continued to publish articles about the rebellion. However, unlike the 
previous year, the Government did not prosecute private print 
journalists for libel.
    NGO's published their findings on human rights cases in the print 
media, often sending statements to diplomatic missions and 
international human rights NGO's.
    A number of private newspapers are published in the capital; some 
are vociferously critical of government policies and leaders.
    Due to widespread illiteracy and the relatively high cost of 
newspapers and television, radio is the most important medium of mass 
communication and information. Until 1999 there was only one privately 
owned domestic radio station, La Voix du Paysan, which is owned by the 
Catholic Church and began operating in 1997. Located in Doba, it 
broadcasts locally produced programming including news coverage and 
political commentary in French and indigenous languages over a 140 mile 
range. The High Council on Communications (HCC) has set the licensing 
fee for a commercial radio station at a prohibitively high level: about 
$9,000 (5 million cfa francs) per year, 10 times the fee for radio 
stations owned by nonprofit NGO's, like La Voix du Paysan.
    A new community radio station in N'djamena, DJA-FM99, received a 
license from the HCC but has only begun broadcasting music. Station SM-
Liberte, owned by a group of human rights organizations, also received 
a license but has not started broadcasting.
    The State owns and operates the only domestic television 
broadcasting station. There have been no requests to establish a 
private television station, economic preconditions for which may not 
exist. There is one privately owned cable television service that 
distributes foreign-sourced programming in French and Arabic, but 
relatively few citizens can afford to subscribe. A South African cable 
station also sells subscriptions.
    The sole Internet access server is provided by the government-owned 
telecommunications monopoly. The Government does not restrict access to 
the Internet; however, the state-owned firm reportedly sets prices and 
provides a quality of service that may discourage the establishment of 
private domestic Internet service providers.
    The official media, consisting of a national radio network, a press 
agency, and N'djamena's only national television station, are subject 
to both official and informal censorship. However, at times they are 
critical of the Government. The official media also give top priority 
to government officials and events, while providing less attention to 
the opposition. The HCC acts as an arbiter whose main function is to 
promote free access to the media, but it has no powers of enforcement.
    Academic freedom is respected. In February students held a 3-day 
protest over an increase in tuition fees (see Section 2.b.).
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government at times 
limited this right in practice. The law requires organizers of public 
demonstrations to notify local authorities 5 days in advance. 
Authorities banned demonstrations critical of the Government despite 
being notified in advance as required by law. The Government did not 
permit students at N'djamena University to protest the accidental 
killing of two university professors by customs authorities during a 
high-speed pursuit of smugglers. Despite the lack of formal government 
concurrence, a 3-day student protest over the increase in tuition fees 
erupted in February. Subsequent police action in dispersing the 
students resulted in injuries to two students.
    By contrast peaceful demonstrations in support of the Government 
and its policies are condoned. In October the Government permitted 
demonstrations in support of the oil project.
    The Constitution provides for freedom of association, and the 
Government respected this right in practice.
    c. Freedom of Religion.--The Constitution provides for religious 
freedom, and the Government generally respects this right in practice; 
however, at times it limited this right. The Constitution also provides 
that the country shall be a secular state. However, despite the secular 
nature of the State, a large proportion of senior government officials, 
including President Deby, are Muslims, and some policies favor Islam in 
practice. For example the Government sponsors annual Hajj trips to 
Mecca for certain government officials.
    Non-Islamic religious leaders claim that Islamic officials and 
organizations receive greater tax exemptions and unofficial financial 
support from the Government. State lands reportedly are accorded to 
Islamic leaders for the purpose of building mosques, while other 
religious denominations must purchase land at market rates to build 
churches.
    The Government requires religious groups, including both foreign 
missionary groups and Chadian religious groups, to register with the 
Ministry of the Interior's Department for Religious Affairs. 
Registration confers official recognition but not any tax preferences 
or other benefits. There are no specific legal penalties for failure to 
register, and there were no reports that any group had failed to apply 
for registration or that the registration process is unduly burdensome. 
The Government reportedly has denied official recognition to some 
groups of Arab Muslims in Ati, near the eastern border with Sudan, on 
the grounds that they have incorporated elements of traditional African 
religion, such as dancing and singing, into their worship. In addition 
to registration, foreign missionaries must receive authorization from 
the Ministry of Interior, but do not face restrictions.
    Instances of government intervention and prohibition of religious 
practices during the reporting period involved both Christians and 
Muslims. The Christian Eglise Evangelique des Freres (EEF), which 
consists of approximately 40,000 adherents located primarily in Bessao 
in the South, underwent a split in 1998 into moderate and 
fundamentalist factions. Due to tensions between the two groups as well 
as the fact that the moderate faction controlled the church 
organization recognized by the Government (and resulting in 
registration for all EEF churches), the Government banned the 
fundamentalist group from its churches and further forbade adherents 
from meeting in their homes for prayers. Although tension remains 
between the two factions, the Ministry of the Interior rescinded its 
ban on the fundamentalist faction and issued it a legal registration on 
April 7 to practice under a new name (Eglise des Freres Independantes 
au Tchad--EFIT).
    Within the Islamic community, the Government intervened to imprison 
and sanction fundamentalist Islamic imams believed to be promoting 
conflict among Muslims. In January the Government arbitrarily arrested 
and detained imam Sheikh Mahamat Marouf, the fundamentalist Islamic 
leader of the northeastern town of Abeche and refused to allow his 
followers to meet and pray openly in their mosque. Sheikh Marouf 
remained in jail without formal charges until November 19 when the 
President ordered his release. The Government prohibited a 
fundamentalist imam in N'Djdamena, Sheik Faki Suzuki (named after the 
Suzuki car equipped with loudspeakers that he used for broadcasting his 
sermons around town) from preaching Islam for 6 months, from October 
1998 to March. The Government claimed that his messages promoted 
violence, and it also placed him under house arrest.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights; however, there were some limits on them in practice. The 
Government did not require special permission for travel in areas that 
it effectively controls. However, elements of the security forces, 
rebels, and bandits continued to maintain many roadblocks throughout 
the country, extorting money from travelers. The Government did not 
officially condone such behavior on the part of security forces 
members, but did not discourage it effectively. In addition armed 
bandits operated on many roads, assaulting, robbing, and killing 
travelers; some bandits were identified as active duty soldiers or 
deserters.
    The Government cooperates with the U.N. High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations assisting 
refugees. There were no confirmed reports of the forced expulsion of 
persons with a valid claim to refugee status, but refugees continue to 
complain about threats to their safety while waiting for their cases to 
be adjudicated. The country provides first asylum for refugees and has 
done so in past years. The Government has granted refugee and asylee 
status informally to persons and has allowed them to remain for 
resettlement.
    In January 5,000 additional Sudanese refugees fleeing tribal 
violence in the western Sudan joined 12,500 Sudanese refugees who 
entered Chad in 1998. All remain scattered in more than 30 villages 
along the eastern border near Adre. Despite entreaties from the 
Government of Sudan to return, the Sudanese refugees continue to reside 
in Chad.
    The Government adheres to the principles of U.N. refugee standards 
and criteria; however, these principles are not incorporated into the 
law. An official national structure is in place to deal with Chadian 
and foreign refugee affairs, called the National Committee for 
Welcoming and Reinsertion. Since 1993 the Government has registered 
refugees in N'djamena and sent their applications for refugee status to 
UNHCR Central African headquarters in Kinshasa, the Democratic Republic 
of Congo, or other regional UNHCR offices in Africa. A person whose 
application is accepted is eligible to enroll in a 6-month care 
maintenance program that includes a monthly subsistence allowance, 
medical care, and assistance in finding work. This program is funded by 
a local NGO.
    Chadian refugees are legally free to repatriate, and the UNHCR 
intends to repatriate approximately 25,000 Chadians from surrounding 
countries in the next 3 years. Most Chadian refugees reside in the 
Central African Republic, Niger, Libya, Sudan, Nigeria, and Cameroon.
    A group of foreign individuals, mostly Sudanese, claiming to be 
refugees, continue to charge that foreign officials often monitor 
refugees applying at the UNHCR branch office N'djamena and have stated 
that this intimidates some refugees.
    There were no known instances of persons being returned to a 
country where they feared persecution. However, the Sudanese government 
forcibly repatriated several Chadian rebels in September, even though 
the Government of Chad characterized their return as a reconciliation. 
Although the men are no longer in prison, their movements are 
restricted and they are unable to leave the country.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    Citizens' right to change their government peacefully remained 
limited. The 1996 presidential election, which Deby won, and the 1997 
National Assembly elections, in which Deby's MPS party won 65 of a 
total of 125-seats, were the first multiparty elections in many years. 
However, both elections were compromised by widely reported fraud, 
including vote rigging and other irregularities committed by election 
officers, government officials, members of the ruling party, and other 
parties.
    The Government is headed by a prime minister who is nominated by 
the President and confirmed by the National Assembly. Prime Minister 
Nassour Ouaidou Guelengdouksia has held office since May 1997.
    The State remains highly centralized. The national government 
appoints all subnational government officials, who also must rely on 
the central government for most of their revenues and their 
administrative personnel. Using its parliamentary majority, the 
Government during the year passed twin legislative bills outlining the 
proposed decentralization structure leading to local government 
elections that are required by the Constitution. Local elections have 
been delayed since the conclusion of the 1997 parliamentary elections. 
The newly established Constitutional Court in September returned both 
legislative bills to parliament after finding that they violated the 
Constitution.
    Many political parties objected to the Government's proposed 
decentralization plan and its presidentially decreed internal 
territorial divisions. Political leaders accuse the Government of 
coopting their most popular local politicians to run as candidates in 
local elections and also alleged intimidation and threats by the 
military forces against those party members who refused.
    Women are underrepresented in Government and politics; few women 
hold senior leadership positions. There are 2 women of cabinet rank and 
3 female members of the 125-seat National Assembly.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Human rights organizations generally operate with few overt 
restrictions, investigating and publishing their findings on human 
rights cases. Government officials are often accessible to human rights 
monitors but generally are unresponsive or hostile to their findings. 
The Government obstructed the work of human rights organizations during 
the year through arrest, detention, and intimidation. Incidents between 
state security forces and human rights monitors occurred in the Kanem, 
Moyen Chari, Mayo Kebbi, Tan'djile, and Ouaddai regions.
    NGO's have gained recognition under the Deby regime and play a role 
in political events. Human rights groups have assisted the Government 
in mediation efforts to reconcile the ancient conflict between herders 
and farmers over land and water rights. Numerous NGO's participated in 
a national conference on the farmer/herder conflict sponsored by the 
Government in May.
    Human rights groups are outspoken, if often partisan, in 
publicizing abuses through reports and press releases, but only 
occasionally are they able to intervene successfully with authorities. 
Many human rights groups are composed of opponents of the Government, 
which impairs their credibility with both the Government and 
international organizations.
    In January the European Interparliamentary Union issued a report on 
the arrest, detention, and legal proceedings against then--imprisoned 
opposition deputy Ngarlejy Yorongar. The delegation that visited Chad 
on a fact-finding mission in late 1998 raised serious objections to 
Yorongar's treatment in prison, the political nature of his arrest, and 
the lack of impartial judicial treatment in his case.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides for equal rights for all citizens, 
regardless of origin, race, religion, political opinion, or social 
status. In practice cultural traditions maintain women in a status 
subordinate to men, and the Government favors its ethnic supporters and 
allies.
    Women.--While no statistics are available, domestic violence 
against women is believed to be common. By tradition wives are subject 
to the authority of their husbands, and they have only limited legal 
recourse against abuse. Family or traditional authorities may act in 
such cases, but police rarely intervene.
    Discrimination against women remains widespread. In practice women 
do not have equal opportunities for education and training, making it 
difficult for them to compete for the few formal sector jobs. Property 
and inheritance laws do not discriminate against women, but traditional 
practice favors men. Exploitation of women is especially pervasive in 
rural areas where women do most of the agricultural labor and are 
discouraged from formal schooling.
    In August the Government held meetings with representatives of 
religious groups and civil society to update the Family Code. In the 
absence of a comprehensive law governing women's rights, the Family 
Code sets the parameters of women's rights under the law.
    The Government promoted increased awareness of women's rights in 
March by sponsoring a National Women's Congress in Moundou in honor of 
international women's day. Although the meetings did not result in 
formal resolutions or a groundbreaking political action plan, the 
meetings nevertheless served to focus attention on many of the problems 
that confront women.
    Children.--The Government has demonstrated little commitment to 
children's rights and welfare. Although increasing its assistance to 
the education sector, the Government has not committed adequate funding 
to public education and medical care. Educational opportunities for 
girls are limited, mainly because of tradition. About as many girls as 
boys are enrolled in primary school, but the percentage of girls 
enrolled in secondary school is extremely low, primarily because of 
early marriage. Although the law prohibits sexual relations with a girl 
under the age of 14, even if married, this law rarely is enforced, and 
families arrange marriages for girls as young as the age of 11 or 12, 
sometimes forcibly, for the financial gain of a dowry. Many wives then 
are obligated to work long hours of physical labor for their husbands 
in fields or homes. Children work in agriculture and herding (see 
Section 6.d.).
    Female genital mutilation (FGM), which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, is widespread--estimated to have been practiced 
on about 60 percent of all females--and deeply rooted in tradition. 
Advocated by women as well as by men, the practice is especially 
prevalent among ethnic groups in the east and south, where it was 
introduced from Sudan. All three types of FGM are practiced. The least 
common but most invasive procedure, infibulation, is confined largely 
to the region on the eastern border with Sudan. FGM usually is 
performed prior to puberty as a rite of passage, an occasion that many 
families use to profit from gifts from their communities.
    Opposition to the elimination of FGM is strong. Both the Government 
and the NGO community in recent years have conducted active and 
sustained public education campaigns against the practice. A 1995 law 
makes FGM theoretically a prosecutable offense as a form of assault, 
and charges can be brought against the parents of FGM victims, medical 
practitioners, or others involved in the action; however, no suits have 
been brought under the law.
    People with Disabilities.--There is no official discrimination 
against disabled persons. However, the Government operates only a few 
therapy, education, or employment programs for persons with 
disabilities, and no laws mandate access to buildings for the disabled. 
Several local NGO's provide skills training to the deaf and blind.
    Religious Minorities.--About half the population is Muslim, about 
one-third is Christian, and the remainder practice traditional 
indigenous religions or no religion. Most northerners practice Islam; 
most southerners practice Christianity or a traditional religion. 
Consequently, tensions and conflicts between government supporters from 
the politically dominant northern region and rebels from the 
politically subordinate southern region occasionally have religious 
overtones.
    National/Racial/Ethnic Minorities.--The country's population of 
about 7 million consists of approximately 200 ethnic groups, many of 
which are concentrated regionally and speak distinct primary languages. 
Most ethnic groups are affiliated with one of two regional and cultural 
traditions: Arab and Saharan/Sahelian zone Muslims in the north, 
center, and east; and Sudanian zone Christian or animist groups in the 
south.
    Societal discrimination continued to be practiced routinely by 
members of virtually all ethnic groups and was evident in patterns of 
buying and employment, in patterns of de facto segregation in urban 
neighborhoods, and in the paucity of interethnic marriages, especially 
across the north-south divide. Although the law prohibits state 
discrimination on the basis of ethnicity, in practice ethnicity 
continued to influence government appointments and political alliances. 
Northerners, in particular members of President Deby's Zaghawa ethnic 
group, continued to dominate the public sector and were overrepresented 
in key institutions of state power, including the military officer 
corps, elite military units, and the presidential staff. Political 
parties and groups generally continued to have readily identifiable 
regional or ethnic bases.
    In the army's fight against the Tibesti rebels, several hundred 
soldiers were killed or injured by land mines. The Government exhibited 
a pattern of discrimination in selectively separating wounded 
northerners from southerners for treatment, with the northerners given 
preferential medical treatment, including evacuation abroad. Many 
untreated wounded southerners were left to die as a result of the 
selective access to medical treatment based solely on ethnicity.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution recognizes freedom 
of association and union membership, as well as the right to strike, 
and the Government generally respected the right to organize and strike 
in practice. All employees, except members of the armed forces, are 
free to join or form unions. Unions no longer need authorization from 
the Government in order to operate legally. However, few workers belong 
to unions, as most workers are unpaid subsistence cultivators or 
herders. The main labor organization is the Federation of Chadian 
Unions (UST). Its former major constituent union, the Teacher's Union 
of Chad, broke off from UST and became independent in 1998. Neither 
union has ties to the Government. A number of minor federations and 
unions, including the Free Confederation of Chadian Workers, also 
operate, some with ties to government officials.
    The telecommunications workers struck in July over issues relating 
to the pending privatization of the telecommunications sector.
    Labor unions have the right to affiliate internationally.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution contains only general provisions for the rights of the 
Government to set minimum wage standards and to permit unions to 
bargain collectively. The Labor Code has specific provisions on 
collective bargaining and workers' rights. The Labor Code empowers the 
Government to intervene in the bargaining process under certain 
circumstances.
    The Labor Code protects unions against antiunion discrimination, 
but there is no formal mechanism for resolving such complaints.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution and 
the Labor Code prohibit slavery and forced or compulsory labor by 
adults and children; however, while there are no reports of forced 
labor practices in the formal economy, there were isolated instances of 
forced labor by adults and children in the rural sector by local 
authorities as well as in military installations in the north.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code stipulates that the minimum age for 
employment in the formal sector is 14 years. The Government does not 
enforce the law, but in practice children rarely are employed except in 
agriculture and herding due to the high unemployment rate; however, in 
agriculture and herding, child labor is nearly universal. Children 
rarely are employed in the commercial sector; however, some children 
work on contract with herders. The Government does not support the use 
of minors in the military services, and minors were believed to have 
been mustered out in the demobilization program of 1997. However, there 
were credible reports that minors continue to serve in the military 
services. The Government prohibits forced and bonded labor by children; 
however, it does not enforce this prohibition effectively (see Section 
6.c.).
    e. Acceptable Conditions of Work.--The Labor Code requires the 
Government to set minimum wages. The minimum wage at year's end was $50 
(25,480 cfa) per month. Most wages, including the minimum wage, were 
insufficient to provide a decent standard of living for a worker and 
family. Nearly all private sector and state-owned firms paid at least 
the minimum wage, but the lowest public sector wages remained below the 
minimum wage. The Government increased the salaries of civil servants 
by 5 percent in January because it was unable to pay many government 
employees the minimum wage during 1998. The Government reduced wages 
paid to the armed forces, which are already well below the minimum 
wage.
    The State, which owns businesses that dominate many sectors of the 
formal economy, remained the largest employer. The Government reduced 
significantly the large salary arrears owed to civil servants and 
military personnel, although some arrears remain. Nevertheless, wages 
remained low, and many state employees continued to hold second jobs, 
raise their own food crops, or rely on their families for support.
    The law limits most agricultural work to 39 hours per week, with 
overtime paid for supplementary hours. Agricultural work is limited to 
2,400 hours per year. All workers are entitled to 48 hours of rest per 
week, although in practice these laws rarely are enforced.
    The Labor Code mandates occupational health and safety standards 
and inspectors with the authority to enforce them. These standards 
rarely are respected in practice in the private sector and are 
nonexistent in the civil service. The UST has alleged before the 
International Labor Organization that the labor inspection service is 
not allocated the resources necessary to perform its duties. In 
principle workers can remove themselves from dangerous working 
conditions, but in practice they cannot leave without jeopardizing 
their employment.
    f. Trafficking.--The law prohibits trafficking in persons, and 
there were no reports that persons were trafficked in, to, or from the 
country.
                                 ______
                                 

                                COMOROS

    The Federal Islamic Republic of the Comoros is ruled by Colonel 
Assoumani Azali, who took power in a coup in April. The country 
consists of three islands (Grande Comore, Anjouan, and Moheli) and 
claims a fourth, Mayotte, which is governed by France. Comoros has been 
prone to coups and political insurrection since independence in 1975. 
On April 29 and 30, army commander Colonel Azali staged a bloodless 
coup and overthrew President Tadjiddine Ben Said Massounde, the Interim 
President who had held office since the death of democratically elected 
President Mohamed Taki Abdoulkarim in November 1998. Colonel Azali 
justified the coup and his subsequent self-designation as president by 
stating that the previous government was unable to maintain law and 
order on Grande Comore or to solve the Anjouan secession crisis. 
Colonel Azali said that he would step down on April 14, 2000 and 
relinquish power to a democratically elected president. However, his 
vow was conditioned on Anjouan's return to the republic and 
participation in the elections. On May 6, Azali decreed a new 
Constitution that gives him both executive and legislative powers. 
While the Cabinet is predominantly civilian, three-quarters of the 
regime's directorate, where the real power is thought to reside, is 
composed of members of the military. In December in response to 
international criticism, Azali appointed a civilian prime minister, 
Bianrifi Tarmidi; however, Azali remains the Head of State and army 
commander in chief. The judiciary was the only federal institution to 
survive the coup intact. Its nominal independence was not tested during 
the year; however, in the past, both the executive and other elites 
have influenced the outcome of court cases.
    The Anjouan secession crisis entered its third year. In April 
Anjouanais representatives were the only parties who refused to sign a 
reunification accord brokered by the Organization for African Unity's 
(OAU), which was negotiated in Antananarivo, Madagascar. The Anjouanais 
leadership had not signed the accords by year's end. In August 
legislative elections were held on Anjouan, in which the faction led by 
Lieutenant Colonel Said Abeid won an overwhelming majority. Opposition 
parties alleged that most of their candidates were disqualified 
unfairly. Several opposition leaders were expelled to Mayotte in 
September, then imprisoned when they were sent back to Anjouan by 
French authorities. The OAU observer force departed the country after 
the coup. The OAU General Assembly and Council of Ministers both have 
criticized the coup, and the General Assembly threatened sanctions if 
constitutional government was not restored before the next OAU summit.
    The Comorian Defense Force (FCD) and the gendarmerie are 
responsible for internal security and are under Azali's direct control. 
Security forces committed some human rights abuses.
    The economy of this extremely poor country is dominated by 
agriculture. Revenues from the main crops--vanilla, essence of ylang-
ylang, and cloves--continue to fall while the population of 547,600 has 
been growing at a rate of 2.7 percent annually. Per capita income was 
approximately $400 per year in 1997. The national accounts have not 
been updated since 1998. The country depends heavily on foreign 
assistance from the European Union and Arab countries, including 
Bahrain, Kuwait, Qatar, Saudi Arabia, and the United Arab Emirates.
    The human rights situation remained poor, and worsened in several 
areas. Citizens do not have the right to change their government. 
Police regularly threatened Christians, prison conditions remain poor, 
and police sometimes arbitrarily arrested and detained persons. There 
were some infringements on freedom of the press and academic freedom. 
The military regime limits freedom of religion. Societal discrimination 
against women and Christians continued to be serious problems. There 
were some instances of forced child labor. Prior to the coup, 
nongovernmental political factions harassed and beat Anjouanais 
residents throughout Grande Comore after Anjouanais representatives 
refused to sign the Antananarivo accords in April.
    On at least one occasion, quasi-police authorities known as 
embargoes on Anjouan beat and detained Christians. Political violence 
on Anjouan resulted in a number of deaths.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or extrajudicial killings by the authorities on 
Grande Comore.
    Between May 11 and 13, 1998, police clashed with protestors on 
Grand Comore over the May 6 government closure of the opposition 
party's Radio Tropique. Police seriously injured several persons, but 
the only death reportedly was due to a traffic accident caused by the 
fighting. No police officers were held responsible for their actions 
during the protests.
    In addition to the police and the military, there are many groups 
throughout Anjouan that are armed, including paramilitary forces, 
militias, and civilians. Battles between rival militias resulted in 
about a dozen deaths.
    In May a Paris, France court acquitted Bob Denard, a 70-year-old 
mercenary, of charges that he killed President Ahmed Abdallah in 1989.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The new Constitution declared by Colonel Azali does not 
specifically prohibit torture or other cruel, inhuman, or degrading 
treatment or punishment; however, while there were no reports of 
security force brutality, police regularly threatened Christians (see 
Section 2.c.).
    In April just prior to the coup, nongovernmental political factions 
and gangs of youths harassed and beat hundreds of Anjouanais on the 
main island of Grand Comore after representatives from Anjouan refused 
to sign a reunification accord.
    In April embargoes arrested, beat, and detained three local 
Christians (see Section 2.c.). Prison conditions continued to be poor. 
A lack of proper sanitation, overcrowding, inadequate medical 
facilities, and poor diet are common problems. The military regime has 
not taken action to remedy these problems.
    The military regime permits prison visit by independent monitors; 
however, no such visits occurred during the year.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution does 
not prohibit arbitrary arrest and detention specifically, and there 
were instances in which authorities arbitrarily arrested and detained 
citizens. Three opposition politicians, including former interim Prime 
Minister Abbas Djoussouf, were arrested and detained briefly following 
minor street demonstrations in September. In September the courts 
dismissed charges against all three. In October authorities arrested a 
journalist for writing an article that suggested that there was discord 
within the army over Azali's rule (see Section 2.a.).
    In April embargoes on Anjouan arrested, beat, and detained for a 
day three local Christians (see Sections 1.c. and 2.c.). Usually the 
authorities hold those detained for a few days and often attempt to 
convert them forcibly to Islam. This incident was not investigated, nor 
was any action taken against the persons responsible. Anjouan 
authorities also detained political opponents.
    In September secessionist authorities on Anjouan exiled a score of 
opponents to Mayotte, then imprisoned several of the group's leaders 
when they were sent back to Anjouan by French authorities. The 
opponents were released from prison in early October, and no charges 
were filed against them.
    The Constitution does not prohibit forced exile, but the military 
regime did not use it.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary enforced by the Head of State; however, while the 
nominal independence of the judiciary was not tested during the year, 
in the past, the executive and other elites have exercised influence 
over court cases. The Head of State names magistrates by decree.
    The High Council, made up of four members appointed by the 
President, three members elected by the Federal Assembly, and a member 
of each island council, also serves as the High Court of the Republic 
and rules on cases of constitutional law. The May Constitution does not 
provide for equality before the law of all citizens. It does not 
mention the right to counsel. Trials are open to the public except for 
limited exceptions defined by law. The legal system incorporates 
Islamic law as well as French legal codes. There are very few lawyers 
in the country, making it difficult to obtain legal representation. The 
military regime does not provide legal counsel to the accused. Most 
disputes are presented to village elders for possible resolution before 
being taken to court.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--There were no known cases of arbitrary interference 
with privacy or correspondence. Former President Taki's bans on alcohol 
and immodest dress no longer remained in effect. Alcohol can be 
imported and sold with a permit from the military regime.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution does not provide 
specifically for freedom of the press, and on at least one occasion 
authorities infringed on this right. In early October, a freelance 
correspondent with Agence France Presse, Aboubacar Mchangama, was 
arrested and detained for reporting about unease within the army 
between supporters and opponents of Colonel Azali. He reportedly was 
released on bail on October 21. Nevertheless, small independent 
newspapers exist side-by-side with the semiofficial weekly Al-Watwan, 
and some of the independent newspapers criticized the regime freely.
    The regime-controlled radio station, Radio Comoros, was the only 
national radio station until the opposition radio station Radio 
Tropique resumed operations in June. In addition there are at least 10 
regional and local stations, some of which are openly critical of the 
regime. Residents also receive broadcasts from Mayotte Radio, as well 
as from French television, without government interference. A national 
television station is under construction with assistance from the 
Chinese Government. There are several private local television 
stations, and satellite antennas are popular. Amateur radio licenses 
have been issued without hindrance in the past.
    Foreign newspapers are available, as are books from abroad. 
Internet service was introduced by the Taki Government in September 
1998.
    In August an independent radio station on Anjouan, Radio Ushababi, 
which was opposed to the independence movement, reportedly was forced 
to cease broadcasting after being harassed by police and threatened on 
several occasions by a group of separatist militiamen.
    There is no university, but secondary students and teachers speak 
freely and criticize the regime openly. Public schools no longer are 
closed on Grand Comore. In order to pressure the Anjouan authorities 
into signing the Antananarivo accords, the Azali military regime 
prevented Anjouanais students who traveled to Grande Comore from taking 
their baccalaureate exams.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
does not provide specifically for freedom of assembly and association, 
but the regime generally respected these rights in practice.
    c. Freedom of Religion.--The Constitution does not prohibit 
discrimination based on religion or religious belief specifically, and 
authorities infringed on this right. An overwhelming majority of the 
population is Sunni Muslim. Authorities restricted the right of 
Christians to practice their faith. Police regularly threatened and 
sometimes detained practicing Christians. Usually, the authorities hold 
those detained for a few days and often attempt to convert them to 
Islam forcibly. In October two citizens were arrested, tried, and 
convicted of ``anti-Islamic activity'' in part because they possessed 
Christian books and audiovisual material. One of the citizens was 
sentenced to 18 months in prison, while the other was sentenced to 4 
months. Local government officials attempted to force Christians to 
attend services at mosques against their will.
    There are two Roman Catholic churches and one Protestant church. 
However, prior to the April coup, the former military regime restricted 
the use of these three churches to noncitizens. There was no 
information available as to whether the new military regime continued 
this practice. Many Christians practice their faith in private 
residences. The regime permits Christian missionaries to work in local 
hospitals and schools, but does not permit them to proselytize.
    The Ulamas council, which had advised the President, Prime 
Minister, President of the Federal Assembly, the Council of Isles, and 
the island governors on whether bills, ordinances, decrees, and laws 
are in conformity with the principles of Islam, no longer exists.
    In April embargoes on Anjouan arrested, beat, and detained for a 
day three local Christians. Some community authorities on Anjouan 
banned Christians from attending any community events and banned 
Christian burials in a local cemetery.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution does not specifically 
provide for these rights; however, the military regime generally 
respected them in practice. There is no longer a curfew in effect. Air 
links that had been severed since December 1998 between Grande Comore 
and Anjouan were restored in April. Passports were again available.
    The regime has not formulated a policy regarding refugees, asylees, 
or first asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    According to the Constitution's preamble and in practice, citizens 
do not have the right to change their government. The Constitution 
states that national sovereignty belongs to the nation's citizens who 
may exercise it through referendums; however, the regime had not 
scheduled a referendum by year's end.
    According to the Constitution, the Head of State--self-appointed 
President Azali--has legislative power, which he exercises through 
ordinances, and executive power, which he exercises through decrees. On 
April 30, Colonel Azali said that he would step down on April 14, 2000, 
and relinquish power to a democratically elected president if Anjouan 
returns to the Republic and participates in the elections.
    There are no bans in effect on political parties, which continue 
openly to criticize the regime without penalty.
    Village chiefs and Muslim religious leaders tend to dominate local 
politics. Traditional social, religious, and economic institutions also 
affect the country's political life in important ways.
    Although women have the right to vote and to run for office, they 
are underrepresented severely in national politics. At least two women 
hold senior government positions: one is the Minister for National 
Education and the other holds the second highest position on the State 
Council, which advises the Cabinet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The military regime did not prevent the operation of human rights 
nongovernmental organizations (NGO's), and a number of NGO's operated 
in the country. However, the Comoros Human Rights Association, 
established in 1990, was on the verge of disintegration due to a lack 
of funds.
    The military regime cooperated with international NGO's, and a few 
international NGO's operated in the country.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution does not prohibit discrimination based on these 
factors specifically, but only states that the judiciary is the 
guardian of individual liberties. Local communities discriminate 
against and harass Christians, and Islamic fundamentalism is growing in 
popularity as more students return to the country after pursuing 
Islamic studies abroad.
    Women.--Violence against women occurs, but medical authorities, the 
police, and women's groups believe that it is rare. In theory a woman 
could seek protection through the courts in the case of violence, but 
in fact the problem is addressed most often within the extended family 
or at the village level.
    Men have the dominant role in society. A matriarchal African 
tradition affords women some rights, especially in terms of 
landholding. Societal discrimination against women was most apparent in 
rural areas where women have onerous farming and child-rearing duties, 
with fewer opportunities for education and wage employment. In contrast 
an improvement in the status of women was most evident in the major 
towns, where growing numbers of women are in the labor force and 
generally earn wages comparable to those of men engaged in similar 
work; however, few women hold positions of responsibility in business. 
While legal discrimination exists in some areas, in general inheritance 
and property rights do not disfavor women. For example, the house that 
the father of the bride traditionally provides to the couple at the 
time of their marriage remains her property in the event of divorce.
    Children.--The regime has not commented on the protection of 
children's rights and welfare, nor has it taken any action to protect 
or promote children's welfare. Population pressure and poverty force 
some families to place their children in the homes of others. These 
children, often as young as 7 years of age, typically work long hours 
as domestic servants in exchange for food and shelter (see Section 
6.c.). Legal provisions that address the rights and welfare of children 
are not enforced because of a lack of inspectors.
    Female genital mutilation, which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, generally is not practiced. Child abuse appears 
to be rare.
    People with Disabilities.--There is no evidence of widespread 
discrimination against the disabled in the provision of education or 
other services. No legislation is in force concerning accessibility to 
public buildings or services for persons with disabilities.
    Religious Minorities.--There is widespread societal discrimination 
against Christians in all sectors of life. Attempts have been made to 
isolate Christians from village life. Christians face insults and 
threats of violence from members of their communities. Christians have 
been harassed by mobs in front of mosques and summoned for questioning 
by religious authorities. In some instances, families forced Christian 
members out of their homes or threatened them with a loss of financial 
support. Some Christians have had their Bibles taken by family members. 
Local government officials, religious authorities, and family members 
have attempted to force Christians to attend services at mosques 
against their will.
    Community members and authorities in Lingoni, Anjouan, banned 
Christians from attending any community events, and in Mremeni, 
Anjouan, they banned Christian burials in the local cemetery.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution does not provide for 
the right to unionize and strike, but these rights are practiced 
freely. Farming on small land holdings, subsistence fishing, and petty 
commerce make up the daily activity of most of the population. The wage 
labor force is small, and numbers less than 7,000 including government 
employees, and less than 2,000 excluding them. Teachers, civil 
servants, and dockworkers are unionized. Unions are independent of the 
regime. Teachers and hospital workers strike intermittently, mostly 
because they often are not paid for months at a time. There are no laws 
protecting strikers from retribution, but there were no known instances 
of retribution.
    There are no restrictions on unions joining federations or 
affiliating with international bodies.
    b. The Right to Organize and Bargain Collectively.--Unions have the 
right to bargain collectively, and strikes are legal. Wages are set by 
employers in the small private sector and by the Government, especially 
the Ministries of Finance and Labor, in the larger public sector. The 
Labor Code, which is enforced only loosely, does not include a system 
for resolving labor disputes, and it does not prohibit antiunion 
discrimination by employers.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
does not mention forced or compulsory labor, but it generally is not 
practiced; however, some families place their children in the homes of 
others where they work long hours in exchange for food or shelter (see 
Section 5).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code defines the minimum age for employment as 
15 years of age. The Ministry of Labor has few resources to enforce 
this provision, but, except for domestic work, child labor is not a 
problem due to the general lack of wage employment opportunities. There 
were some instances of forced or bonded labor by children (see Section 
5 and 6.c.). Children generally help with the work of their families in 
the subsistence farming and fishing sectors (see Section 5).
    e. Acceptable Conditions of Work.--There is no minimum wage.
    Previous governments periodically have reminded employers to 
respect the Labor Code, which specifies 1 day off per week plus 1 month 
of paid vacation per year, but the regime has not set a standard 
workweek.
    There are no safety or health standards for the minuscule 
manufacturing sector.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons; however, there were no reports that persons were trafficked 
in, to, or from the country.
                                 ______
                                 

                    DEMOCRATIC REPUBLIC OF THE CONGO

    Much of the Democratic Republic of Congo (formerly Zaire) continued 
to be ruled by President Laurent Desire Kabila, whose Alliance of 
Democratic Forces for the Liberation of Congo-Zaire (ADFL) overthrew 
the authoritarian regime of Mobutu Sese Seko by armed force in 1997. 
The State continued to be highly centralized formally--although in 
practice the country's dilapidated transportation and communications 
infrastructure impaired central Government control--and Kabila 
continued to rule by decree, unconstrained by a constitution or a 
legislature. Kabila continued to ban political party activity, and 
replaced the ADFL with Libyan-trained ``People's Power Committees'' 
(CPP's) that monitored the activities of citizens in neighborhoods, 
schools and workplaces. The July 10 Lusaka Accords provided for a 
political dialog among the Government, rebel factions, the unarmed 
opposition, and elements of civil society; however, little was 
accomplished toward this end during the year. The judiciary continued 
to be subject to executive influence and corruption.
    By year's end, the Government had lost control of more than half 
the country's territory to armed antigovernment organizations, the 
Congolese Rally for Democracy (RCD), and the Movement for the 
Liberation of the Congo (MLC). The RCD remained dominated by members of 
the Tutsi ethnic minority but split in May into two factions: One that 
continued to be headquartered in Goma and to command most RCD forces 
and continued to be supported by the Government of Rwanda; and a new 
faction based in Kisangani that commanded fewer troops and, like the 
largely non-Tutsi MLC, was supported by the Government of Uganda. War 
broke out in August 1998, when Kabila tried to expel Rwandan military 
forces that had helped him overthrow Mobutu. Congolese Tutsis as well 
as the Governments of Burundi, Rwanda, and Uganda all relied on the 
Rwandan military presence for protection against hostile armed groups 
operating out of the eastern part of the country. These groups 
included: The Interahamwe militia of Hutus, mostly from Rwanda, which 
took part in the 1994 genocide of Tutsis in Rwanda and who fought the 
Tutsi-dominated Government of Rwanda; Hutu members of the former 
Rwandan armed forces, which also took part in the 1994 genocide of 
Tutsis in Rwanda, and who also fought the Government of Rwanda; the Mai 
Mai, a loose association of traditional Congolese local defense forces, 
which fought the influx of perceived Rwandan immigrants; the Alliance 
of Democratic Forces (ADF), made of up Ugandan expatriates and 
supported by the Government of Sudan, which fought the Government of 
Uganda; and several groups of Hutus from Burundi fighting the Tutsi-
dominated Government of Burundi. In the ensuing war, elements of the 
armed forces of Rwanda and Uganda operated inside the country in 
support of the RCD or the MLC; elements of the armed forces of Angola, 
Chad (whose forces withdrew from the country during the year), Namibia, 
and Zimbabwe operated inside the country in support of the Government; 
and the Mai Mai and Hutu armed groups operated inside the country on 
the side of the Government, often as guerillas operating inside 
territory held by antigovernment forces. Elements of the armed forces 
of Burundi operated inside the country against armed groups of Hutus 
from Burundi who used the country as a base. A small detachment of 
Libyan troops was present in the capital for a few months but did not 
conduct any combat operations. Antigovernment forces generally 
continued to win territory from progovernment forces during the year 
despite sporadic fighting among rival rebel organizations. A cease-fire 
agreement negotiated in Lusaka in July was violated by all parties 
especially in the north and east, but fighting was generally less 
intense than during the first half of the year.
    The Government's security forces consist of a national police force 
under the Ministry of Interior, a National Security Council (CNS), the 
National Intelligence Agency (ANR), and the Congolese Armed Forces 
(FAC), which includes an Office for the Military Detection of 
Subversive Activities (DEMIAP). There is also a Presidential Guard, 
which has its own Investigative Branch (DGGP). The immigration service 
(DGM) and the recently organized Autodefense Forces (FAP) and CPP's 
also function as security forces. During the year, Kabila gave Mai Mai 
leaders commissions in the FAC and coordinated operations with the Mai 
Mai and Hutu militias; the Government also formed People's Defense 
Committees (CPD's), which were armed elements of the new CPP's and 
operated outside the formal structure of the State, but which were not 
yet armed in some areas at year's end. The police force, reorganized in 
1997, handles basic criminal cases. The CNS shares responsibility for 
internal and external security with the ANR, including border security 
matters. The FAC retains some residual police functions. Military 
police have jurisdiction over armed forces personnel. The security 
forces committed numerous, serious human rights abuses.
    Most sectors of the economy continue to decline. Production and 
incomes continued to fall, and the modern sector virtually has 
disappeared. Physical infrastructure was in serious disrepair,financial 
institutions have collapsed, and public education and health have 
deteriorated. Annual per capita national income fell from an estimated 
$115 in 1998 to less than $100 in 1999. Subsistence activities, a large 
informal sector, and widespread barter characterized much of the 
economy; the insolvent public sector could not provide even basic 
public services. External economic assistance remained limited, and the 
State's revenues from diamond exports, its leading source of foreign 
exchange, declined. Public sector employees, including most soldiers, 
routinely went months without pay, which caused a number of strikes. 
Rebel-held areas increasingly were integrated financially and 
administratively with the economies of Rwanda and Uganda. The 
Governments of Rwanda and Uganda established commercial agreements and 
reportedly have levied and collected taxes and customs duties.
    The Kabila Government's human rights record remained poor. Citizens 
do not have the right to change their government peacefully. Security 
forces were responsible for numerous extrajudicial killings, 
disappearances, torture, beatings, rape, and other abuses. In general, 
security forces committed these abuses with impunity, although a 
special military tribunal tried and executed some security force 
members for various human rights abuses. Prison conditions remained 
harsh and life threatening. Security forces increasingly used arbitrary 
arrest and detention throughout the year. Prolonged pretrial detention 
remained a problem, and citizens often were denied fair public trials. 
The special military tribunal tried civilians for political offenses 
and executed civilians, frequently with total disregard for process 
protections. The judiciary remained subject to executive influence and 
continued to suffer from a lack of resources, inefficiency, and 
corruption. It was largely ineffective as either a deterrent to human 
rights abuses or a corrective force. Security forces violated citizens' 
rights to privacy. Forcible conscription of adults and children 
continued, although children were conscripted to a lesser extent than 
in the previous year. Government security forces continued to use 
excessive force and committed violations of international law in the 
war that started in August 1998. On at least three occasions, 
government aircraft bombed civilian populated areas in rebel-held 
territory. Although a large number of private newspapers often 
published criticism of the Government, the Government continued to 
restrict freedom of speech and of the press by harassing and arresting 
newspaper editors and journalists and seizing individual issues of 
publications, as well as by continuing to increase its restrictions on 
private radio broadcasting. The Government severely restricted freedom 
of assembly and association. The Government continued to restrict 
freedom of movement; it required exit visas and imposed curfews even in 
cities not immediately threatened by the war. The Government continued 
to ban political party activity and used security services to stop 
political demonstrations, resulting in numerous arrests and detentions. 
It also harassed and imprisoned members of opposition parties and 
harassed human rights nongovernmental organizations (NGO's). Violence 
against women is a problem and rarely was punished. Female genital 
mutilation (FGM) persists among isolated populations in the north. 
Discrimination against indigenous pygmies and ethnic minorities is a 
problem. Serious governmental and societal violence and discrimination 
against members of the Tutsi ethnic minority continued; however, the 
Government protected many Tutsis who were at risk and permitted 1,341 
to leave the country. The Government arrested labor leaders during 
public sector strikes and allowed private employers to refuse to 
recognize unions. Child labor including use of child soldiers remained 
a common problem. There were credible reports of beatings, rapes, and 
extrajudicial killings of Tutsis; however, societal abuses of Tutsis in 
government-controlled areas were far fewer than in 1998 because by the 
start of the year surviving Tutsis generally either had left the 
government-controlled part of the country or were in hiding, places of 
refuge, or government custody.
    There were numerous credible reports that Mai Mai groups fighting 
on the side of the Government committed serious abuses, including many 
extrajudicial killings and the torture of civilians.
    There were many reports, some of which were confirmed, that some 
antigovernment forces, in particular Rwandan army and RCD-Goma units, 
committed serious abuses against civilians living in territories under 
their control, including deliberate large-scale killings, 
disappearances, torture, rape, extortion, robbery, arbitrary arrests 
and detention, harassment of human rights workers and journalists, and 
forcible recruitment of child soldiers. Rebel organizations severely 
restricted freedom of speech, assembly and association in areas they 
held. There were also many deaths due to interethnic mob violence in 
areasheld by antigovernment forces. However, reports from such areas 
often were difficult to investigate.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--The widespread 
extrajudicial killings of Tutsis and suspected Tutsis that occurred in 
government-controlled areas after the start of the war in 1998 did not 
continue during the year; by the start of the year, surviving Tutsis 
generally either had left the government-controlled part of the country 
or were in hiding, places of refuge, or government custody. One Tutsi 
girl died of an illness while in government custody, but it was 
credibly reported that her death was not due to government negligence 
or abuse. The Government also materially supported Mai Mai and Hutu 
armed groups, which, according to credible reports, repeatedly killed 
unarmed as well as armed Tutsis in areas held by antigovernment forces. 
However, government officials no longer instigated mob violence against 
unarmed Tutsis, and there were no further reports of mass extrajudicial 
killings of Tutsis by the security forces.
    Members of the security forces committed extrajudicial killings, 
and the Government misused the judicial system to try, sentence, and 
execute numerous persons without due process.
    On the night of January 6 in Kinshasa, members of the Presidential 
Guard under the command of an officer named Kabengele beat and killed 
university student Remy Lushima Nyamangombe, whom they accused of being 
a member of the armed rebellion. After stealing Lushima's personal 
belongings, presidential security agents then beat the student to 
death. No action is known to have been taken against the members of the 
Presidential Guard who committed this abuse.
    On February 14, in the Ndjili district of Kinshasa, an FAC soldier 
shot and killed a civilian in the Sebastien Bar after bumping into his 
table.
    On April 17 in Kinshasa, unidentified soldiers shot and killed a 
public transportation driver known only as Kalle. The soldiers flagged 
down his vehicle and ordered him to drive them to Kinshasa's 
international airport. When Kalle explained he was taking a woman in 
labor to the hospital, the soldiers shot him, leaving the pregnant 
woman alone in the vehicle.
    On April 17, security force members charged with protecting a 
presidential motorcade shot and killed a minibus driver. They shot the 
driver three times in the head as he was attempting to move his vehicle 
out of the way of the coming motorcade.
    In May Col. Ndoma Moteke died at the Gombel Polyclinique, in the 
commune of Lemba, of injuries suffered when members of government 
security forces tortured and beat him at the Groupe Litho-Moboti 
building (GLM) detention facility on May 20 (see Section 1.c.).
    In the early hours of July 16 in Ndjili, uniformed soldiers from an 
unidentified unit shot and killed an unarmed 12-year-old boy in his own 
home. The soldiers shot the boy and his father, whom they wounded in 
the shoulder, when he opened the door of his house in response to their 
request.
    On July 7 in Kinshasa, uniformed soldiers shot and killed Charles 
Bokeleale, then stole his vehicle.
    On November 15 in Kinshasa, FAC soldiers enforcing a night time 
curfew at a roadblock shot at a taxi that veered around their barricade 
and killed Kamba Kanyinda, a student who was riding in the taxi (see 
Section 2.d.). On November 17 students from Kanyinda's school took to 
the streets to protest his killing.
    On November 24 in Kinshasa, 23-year-old Simon Makoko died of 
injuries inflicted by soldiers the previous night. Makoko was in the 
home of Leon Lumingu when, at about midnight, soldiers broke in, 
accused the household of making too much noise during the nighttime 
curfew, and whipped Makoko when he refused to comply with an order to 
go outside and sit on the ground.
    Throughout the year, government military tribunals continued to 
sentence to death many civilians after military trials that were often 
perfunctory, and many of these civilians were executed (see Section 
1.e.). Members of the security forces repeatedlykilled civilians, 
particularly in areas that they were preparing to abandon to advancing 
antigovernment forces. The military justice system, revised in 1997, 
prosecuted FAC members for individual incidents ranging from armed 
robbery to rape to murder, and sentenced to death and executed more 
than 50 FAC members during the year (see Section 1.e.).
    Harsh prison conditions and abuse led to an undetermined number of 
deaths in prisons. Many prisoners died of illness or starvation (see 
Section 1.c.). On October 11, Sangu Matembi, an activist of the United 
Lumumbist Party (PALU), died in Makala Central Prison; in a press 
release, PALU reported that he died after being deprived of food and 
medical care since his arrest in July. It was reported that, since 
Kabila took power in 1997, both extrajudicial killings and deaths due 
to torture and neglect have become common at a secret detention center 
known as ``Alfa'' that was run directly by the Office of the President 
(see Section 1.d.).
    The Government continued to fail to prosecute any state officials 
or other persons in connection with the mass extrajudicial killings of 
Tutsis in 1998.
    There was widespread reporting throughout the year of killings and 
other human rights abuses by both pro and antigovernment forces. 
Verification of these reports is extremely difficult, particularly 
those emanating from remote areas and those affected by active combat 
primarily in eastern Congo. Independent observers often find access 
difficult due to hazardous security conditions as well as frequent 
impediments imposed by authorities. Both pro and antigovernment forces 
extensively use propaganda disseminated via local media, including 
charges leveled at opposing forces, further complicating efforts to 
obtain accurate information regarding events and acts in the Congolese 
interior.
    Progovernment Mai Mai guerrilla units reportedly killed many 
civilians, sometimes after torturing them, in areas where they 
operated. In January in the Kamituga area of South Kivu Province, Mai 
Mai leader Silvestre Louetcha reportedly executed 32 women who had 
supported the Mwami (traditional ruler) of Kamituga in resisting Mai 
Mai demands for forced labor; before killing these women, the Mai Mai 
reportedly accused them of witchcraft, then cut off their breasts and 
forced them to eat their own breasts (see Sections 1.c. and 5). There 
were also reports that Mai Mai units killed persons by crucifying them. 
Hutu militia units fighting on the side of the Government also killed 
many noncombatants. It was reported that in August in South Kivu 
Province alone, Interahamwe militia killed a police officer at 
Luhwindja and that the Forces for the Defense of Democracy, a Burundian 
Hutu nongovernmental armed group based in the country, killed six Tutsi 
herders while conducting an interethnic cattle raid at Kiliba (see 
Section 5). Information about killings by Mai Mai and Hutu militia 
units remained very incomplete, and many such killings may not have 
been reported.
    Mob violence resulted in killings; however, the Government did not 
incite lethal mob violence during the year, unlike 1998.
    In December in the Ituri District of Orientale Province, an area 
dominated by Ugandan and Ugandan-supported forces, a large but unknown 
number of persons were killed in fighting between members of the Lendu 
and Hema tribes that reportedly displaced tens of thousands of persons. 
This fighting, which continued and was worsening at year's end, 
reportedly arose from a dispute about land use. (see Section 5).
    During the year, antigovernment forces, particularly RCD-Goma and 
Rwandan units, committed repeated mass killings, generally in reprisal 
for Mai Mai attacks against RCD or Rwandan forces. Some of the many 
reports of such killings were verified; however, investigations of such 
reported killings often were difficult, and details of reported abuses 
sometimes emerged long after the events.
    On December 31, 1998, and January 1, RCD and reportedly also 
Rwandan units killed a large number of civilians in the area of 
Makobola, 9 miles south of Uvira in South Kivu Province. The attack was 
in retaliation for losses that the rebels recently had suffered during 
a fight with Mai Mai fighters on December 30. Red Cross volunteers, 
Catholic priests, and Protestant pastors and their families were among 
those killed.
    From January 1-3, in Walungu in South Kivu Province, following a 
fight with government troops, RCD-Goma rebels reportedly killed 12 
civilians, looted homes, and stole livestock.
    On January 5, in Mwenga in South Kivu Province, RCD-Goma rebels 
reportedly killed two local chiefs.
    During the months of January and February, antigovernment forces 
reportedly killed some 45 civilians in North and South Kivu Provinces. 
Eight bodies were discovered along the Nshesa River, near Walungu. On 
February 11, Rwandan and Ugandan soldiers entered the town of Loashi in 
North Kivu Province and reportedly attempted to force local inhabitants 
to lead them to Interahamwe arms stashes. When the inhabitants fled, 
some soldiers reportedly opened fire, killing 10 persons.
    During the same months, antigovernment forces killed 16 
noncombatants in 9 separate incidents; those reportedly killed included 
villagers, shepherds, travelers, and merchants.
    On February 24, rebels reportedly attacked a civilian convoy of 
seven vehicles escorted by nine government soldiers. Rebels reportedly 
killed at least seven civilians, including a mother and her two 
children, who died when their vehicle caught fire.
    In early March, according to a report by the Rome-based Missionary 
News Agency (MISNA), RCD-Goma rebels killed more than 100 noncombatants 
in a series of killings near Kamituga in South Kivu Province; no 
independent reports of this were known to have emerged during the year.
    There were credible reports that between March 19 and March 21 
Rwandan soldiers killed many civilians, more than 250 according to one 
report, in Burhinyi and Ngweshe in South Kivu Province, apparently in 
retaliation for a Mai Mai attack.
    It was reported that in April antigovernment forces including RCD 
units killed at least 20 persons, most of whom were women and children, 
in the villages of Gasiza and Nyabubuye in South Kivu Province.
    On May 7, Father Paul Juakali, a priest in Kalembe, near Goma, 
reportedly was ambushed and killed by RCD rebels who previously accused 
him of spreading false information about life in rebel-occupied 
territories.
    During the night of July 27, Rwandan and RCD-Goma troops reportedly 
burned alive 41 civilians in the town of Kasala in Katanga Province, by 
locking them in 5 separate houses, then setting the houses on fire.
    From August 14 to 16, disputes among antigovernment forces led to 
fighting in Kisangani between Rwandan and Ugandan troops. During the 
clashes, rebels, Rwandans, and Ugandans reportedly killed approximately 
50 civilians. It was reported that Rwandan and RCD-Goma rebels also 
attempted to kill archbishop Monsengwo of Kisangani, who fled his home 
dressed as a servant.
    Between September 4 and 10, RCD-Goma rebels reportedly launched 
retaliatory attacks against civilians in South Kivu Province, leaving 
an undetermined number dead.
    On September 24 near Rutshuru in North Kivu Province, elements of 
the Rwandan army reportedly killed 19 civilians.
    In mid-September, on the banks of Lake Mukamba, Rwandan troops 
reportedly executed an undisclosed number of Congolese tribal chiefs 
from the Dimbelenge area of western Kasai Province. The chiefs were 
called together by Rwandan military authorities, who accused them of 
sabotaging the Rwandan advance towards Kananga and Mbuji-Mayi. After 
executing several chiefs, the Rwandans reportedly shot villagers who 
came running toward the sounds of gunfire, killing an unknown number.
    In early November, in the Mwenga area of South Kivu, RCD-Goma 
rebels tortured and buried alive 15 women whom they suspected of 
supporting local Mai Mai guerrillas, according to several reports. At 
year's end, NGO's were investigating these reports.
    On November 22, at the Kalonge Parish near Bukavu in South Kivu 
Province, Rwandan and RCD-Goma units shot and killed an abbot and other 
persons attending a Catholic mass, according to a missionary news 
agency report.
    The Government publicly alleged that antigovernment forces 
massacred civilians at Ngweshe in South Kivu Province on February 15, 
at Kongolo in Northern Katanga Province in August, in Kibumbu, near 
Kalungwe in South Kivu Province on October 23, and at Nonge, an unknown 
location on an unknown date; however, no independent reports to support 
any of these allegations are known to exist.
    b. Disappearance.--There were many reported cases of disappearance, 
most as a result of the war. Government and antigovernment forces 
reportedly were responsible for the disappearance of many persons. 
Throughout the year, government security forces regularly held alleged 
suspects in detention for varying periods of time before acknowledging 
that they were in custody. Typical accounts described unidentified 
assailants who abducted, threatened, and often beat their victims 
before releasing them. Journalists and opposition members claimed that 
they were targets of such actions.
    On February 9, security force members rearrested Commandant Jean 
Nkumu Wangala, former chief of police in Matadi during the Mobutu era, 
whom a military court had acquitted of charges of treason on January 
12. He has not been heard from since, although authorities told his 
wife that he had escaped from state custody.
    In April two refugees from the neighboring Republic of Congo 
disappeared from ANR detention facilities in Kinshasa. Both Congolese--
Bernard Ntandou, former police commander of the Point Noire military 
district, and Jean Mpalabouna, a follower of B. Kolelas--were 
affiliated with organizations involved in armed opposition to the 
Government of the Republic of Congo. On May 25, two representatives 
from a human rights NGO visited the ANR prison in an attempt to 
determine their whereabouts. ANR security agents refused to answer any 
questions and threatened them with arrest (see Section 4).
    On June 6, security agents forced their way into a private 
residence in the Limete neighborhood of Kinshasa and abducted Justin 
Djuambe Tegi and Michel Gbetoro. Neither has been seen since, and both 
are presumed to have disappeared. No motive is known for the abduction.
    In November, an RCD leader publicly alleged that Zimbabwean troops 
aligned with the Government kidnapped and held as hostages 17 
missionaries of the Church of Jesus Christ on Earth of the Prophet 
Simon Kimbangu; however, no other reports of this were known to have 
emerged, and no other abuses by Zimbabwean forces were reported.
    Belmonde Ma Gloire Coffi, the owner of the newspaper, Le Point 
Congo and a citizen of Benin, was last seen on September 3, 1998, and 
is believed to have disappeared. He reportedly drove into town after 
editing the latest edition of Le Point. There has been no reported 
trace of either him or his vehicle (see Section 2.a.).
    In February the Democracy and Human Rights Committee (CDDH), an 
NGO, reported that in December 1998 CDDH investigator Donnat N'Kola 
Shambuyi disappeared in Tshikapa in Western Kasai Province.
    The bodies of many persons killed extrajudicially in the war were 
burned, dumped in rivers, or buried in mass graves that remain 
unopened. Neither side is known to have kept or released records of the 
identities of the persons whom its forces killed extrajudicially.
    Rebel forces reportedly were responsible for the disappearance of 
many persons. There were reports that antigovernment forces repeatedly 
failed to acknowledge detaining persons. Persons whom rebel, Rwandan, 
or Ugandan forces allegedly detained in 1998 reportedly have been 
transferred to Rwanda or Uganda and remained unaccounted for at year's 
end. These missing persons included 22 Franciscan friars from Sola in 
Katanga Province and 3 university professors from Bukuvu in South Kivu 
Province.
    c. Torture and other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law forbids torture; however, security forces and 
prison officials used torture, and often beat prisoners in the process 
of arresting or interrogating them.
    Authorities of the Kabila administration have not responded to 
charges of inmate abuse and repeated beatings by its security force and 
prison officials.
    Members of the security forces also raped, robbed, and extorted 
money from civilians; some abusers were prosecuted (see Section 1.a.). 
Incidents of physical abuse by security forces occurred during the 
arrest or detention of political opponents, journalists, and 
businessmen (see Sections 1.d. and 2.a.).
    On January 12, soldiers of the 50th Brigade who were raiding the 
Bethany Catholic Center to arrest Tutsis who were hiding there beat 
human rights activists Christophe Bintu and Bienvenu Kasole, who were 
visiting the center. Kasole lost a tooth and suffered from bleeding 
during a subsequent 6-day detention, but military authorities refused 
him medical attention. Guards forced Bintu and Kalole to sleep on the 
ground and denied them food and visitors (see Sections 1.d. and 4).
    Following his arrest on January 12 on charges of divulging state 
secrets, security forces at the Committee of State Security prison and 
at the Kokolo detention center repeatedly beat newspaper publisher 
Thierry Kyalumba with a belt and buckle during pretrial interrogations 
(see Sections 1.e. and 2.a.).
    On February 16, two military officers known only as Gisha and 
Chubaka who worked on the staff of Joseph Kabila, the son of President 
Kabila and chief of staff of the Congolese army, entered the Kinshasa 
home of Toussaint Muhavu Shankulu without a warrant and tortured him 
inside his own house. They then took Muhavu to an underground cell at 
the Tshatshi military camp, where they abused him until he signed a 
document giving up the equivalent of $700 to a man known as Benoit, on 
whose behalf Gisha and Chubaka reportedly were acting. When Muhavu 
lodged a complaint against Gisha and Chubaka, the two attempted to find 
Mr. Muhavu, who was then in hiding, by abducting and torturing a 
neighbor and personal friend of Muhavu. Other members of Joseph 
Kabila's staff then kidnaped Muhavu's wife in an attempt to force 
Muhavu out of hiding. Senior officers at Camp Tshatshi prevailed upon 
Muhavu not to press charges against Gisha and Chubaka.
    On February 20, military personnel beat with sticks Luyinumu Lelo 
Koko and Jonas Ndoko in a wooded area outside Kinshasa after arresting 
them for breaking a curfew 3 hours before the curfew started (see 
Section 1.d.).
    In February guards beat and tortured professor Tshibangu Kalala 
during a 2-week detention following his arrest by ANR agents for 
describing to students poor economic conditions in Katanga Province 
(see Sections 1.d. and 2.a.).
    On March 10, at the police station in the Kin-Maziere building in 
the Gombe district of Kinshasa, police stripped two female money 
changers and beat them with a wire whip after interrogating them about 
changing money at a different exchange rate from that set by the 
central bank (see Section 1.d.).
    On March 22, presidential security personnel lashed a detained 
journalist 100 times with a whip, reportedly saying that they did so 
because the journalist possessed ``Tutsi facial features'' (see Section 
1.d.).
    On April 29, at the ANR detention center at Binza ma Campagne, ANR 
agents severely beat Lambert Edimba, whom ANR agents had arrested for 
associating with members of various opposition political parties (see 
Section 1.d.).
    Between May 17 and May 26, at the headquarters of the Investigative 
Branch of the Presidential Guard in the Gombe neighborhood of Kinshasa, 
guards daily beat with a whip eight members of the opposition PALU 
party and forced them to eat mud; after 10 days of detention, one PALU 
member was urinating blood and three others were unable to stand or 
walk (see Section 1.d.).
    During May 20-23, DEMIAP police repeatedly beat on the feet 
Christian Badibangi, the president of the opposition party Union 
Socialist Congolaise, while detaining him in a cell measuring 3 square 
yards with approximately 60 other prisoners without food, water, 
ventilation, or sanitation facilities (see Section 1.d.)
    On May 20, guards at the GLM detention facility in Kinshasa 
tortured and beat Colonel Ndoma Moteke, an army officer under the 
Mobutu regime, who died of the resulting injuries at a medical clinic 
in the Righini area of Kinshasa a few days later (see Section 1.a.).
    On June 23, members of the security forces publicly beat three 
journalists working for the Kinshasa daily newspaper Tempete des 
Tropiques, after arresting them at the newspaper's offices and before 
taking them away in a vehicle (see Sections 1.d. and 2.a.).
    On June 29, naval personnel tortured the owner of a dugout canoe, 
known only as Motinga, from the Limete commune of Kinshasa. Motinga 
reportedly complained of a lack of space to dock his canoe. According 
to a human rights group, the rankingnaval commander, identified only as 
Jean Louis, ordered his men to beat Motinga until he lost 
consciousness.
    On July 26, security forces in the town of Mbuji Mayi whipped Jean 
Marie Kashils, of the Agence Congolaise de Presse, and Bienvenu Tshiela 
of Kasai Horizon Radio Television, while briefly detaining them on 
orders from the deputy governor of Eastern Kasai Province, Kalala 
Kaniki (see Sections 1.d. and 2.c.).
    Following his arrest on July 29, security forces in Lumbumbashi 
tortured professor Kambaj Wa Kambaji and denied him access to his 
doctor and his family. Security forces also mistreated him during an 
August 19 aircraft flight to Kinshasa (see Sections 1.d. and 2.a.).
    In September police at the GLM detention facility in Kinshasa's 
Gombe neighborhood beat human rights NGO activist Wetemwani Katembo 
Merikas an average of four times a day during a 4-day detention. A 
colleague bringing meals for Katembo said that prison guards stole the 
food and ate it in front of prison visitors (see Sections 1.d. and 4).
    On and after September 10, ANR agents in Mbuji Mayi in Eastern 
Kasai Province tortured Francois Mpoyi Mukandu, the legal adviser of 
the governor of the province, and Marcel Mpuanga Mindu, who was also an 
attorney. ANR agents reportedly tortured and beat Mpoyi so severely 
that he could not walk and he was taken to a hospital. ANR agents also 
beat Ditutu bin Bwebwe, a court clerk whom the head of the bar 
association in Mbuji Mayi sent to the ANR to serve a summons on 
Tshiamuang Tshombe, the ANR's chief investigator in Mbuji Mayi, in 
connection with the detention of Mpoyi and Mpuanga (see Section 1.d.).
    In early October, according to domestic media reports, Pascal 
Kusehuka, secretary general of the PALU opposition party for Bandundu 
Province, stated that a group of men including the son and the nephew 
of Marc Katshunga, the governor of Bandundu Province, dragged him naked 
through the streets of Kikwit after arresting him and accusing him of 
political activity.
    Some persons suffered physical abuse from both sides of the war. On 
March 8, RCD members reportedly raided the Goma home of Dieudonne 
Mirimo Mulongo and, finding Miromo gone, physically abused his wife 
while interrogating her about the whereabouts of her husband. Soon 
thereafter, Miromo and his wife fled to Kinshasa, where government 
security forces arrested and detained him and reportedly beat him while 
interrogating him about his brother-in-law, whom they suspected of 
being a Tutsi (see Section 5).
    There were numerous reports that nongovernmental armed groups 
fighting on the side of the Government tortured, raped, and otherwise 
physically abused many persons during the year. Mai Mai guerillas 
reportedly killed persons by torture, including by mutilation and 
crucifixion (see Section 1.a.). There were reports that Interahamwe 
militia in South Kivu Province often raped women, especially in 
villages near Kahuzi Biega Forest.
    There were numerous reports of killings and torture of prisoners by 
some antigovernment forces. A number of prisoners reportedly died of 
suffocation after guards detained them in overcrowded shipping 
containers. Guards reportedly overcrowded containers with prisoners, 
sealed the prisoners inside without ventilation, then the cut off all 
food and water, causing death by dehydration, suffocation, and 
exhaustion. This treatment reportedly was reserved for suspected 
Interahamwe or Mai Mai collaborators.
    Mobs sometimes beat persons, including mostly suspected thieves but 
also suspected Tutsis. In April a mob of students at the University of 
Lubumbashi severely beat and destroyed the vehicle of a foreigner 
employed by the government of an ethnically largely European country 
that some government propaganda had portrayed as supporting the RCD 
(see Section 5).
    The Kabila Government operated 220 known prisons and other places 
of detention, and in all such facilities, conditions remained harsh and 
life threatening; there reportedly were many other secret or informal 
detention centers (see Section 1.d.). During the year, the Government 
made limited efforts to improve the harsh conditions at Kinshasa's main 
prison, the Makala National Penitentiary and Reeducation Center. The 
Government provided food at some prisons, but not in sufficient 
quantities to ensure adequate nutrition for all inmates. Prison 
conditions remained a threat to prisoners' lives. Living conditions 
were harsh and unsanitary, and prisoners were treated poorly. Thepenal 
system suffered from severe shortages of funds, medical facilities, 
food, and trained personnel.
    Overcrowding and corruption in the prisons are widespread. 
Prisoners reportedly were beaten to death, tortured, deprived of food 
and water, or died of starvation (see Section 1.a.). Prisoners are 
wholly dependent on the personal resources of family or friends for 
their survival. Guards have been known to steal food brought to 
prisoners. Inmates at Makala Prison in Kinshasa sleep on the floor 
without bedding and have no access to sanitation, potable water, or 
adequate health care. There were reports of guards forcing 55 or 60 
prisoners into a small cell with room only to stand. No water or food 
is given to these prisoners. There are no toilets, forcing prisoners to 
urinate and defecate on the floor. Tuberculosis, red diarrhea, and 
other infectious diseases are rampant. Although authorities do not 
target women for abuse, prison guards rape female inmates.
    The Government exacerbated the overcrowding of civilian prisons by 
incarcerating in them many soldiers who declined to fight for the 
Kabila Government in the war. In March it was credibly reported that of 
2,509 persons incarcerated at Makala Prison, 1,854 were soldiers, 
almost all of whom were awaiting trial for refusing to fight in the 
war.
    The use of unpublicized and unofficial detention sites by the civil 
and military authorities circumvented humanitarian groups' access to 
many prisoners and detainees. The International Committee for the Red 
Cross (ICRC) was denied access to these sites, and to regular detention 
facilities, including some facilities where the Government incarcerated 
Tutsi civilians and the ``Alfa'' prison facility in Kinshasa run by the 
Office of the President (see Sections 1.a. and 5).
    It was reported that RCD-Goma forces frequently used the private 
residences of Rwandan or rebel military commanders for purposes of 
incarceration. Reports from former detainees indicate a systematic 
pattern of beatings, undernourishment, and deliberate killings in these 
houses.
    d. Arbitrary Arrest, Detention, or Exile.--Despite legal provisions 
governing arrest and detention procedures, the security forces were 
responsible for numerous cases of arbitrary arrest and detention.
    Under the law, serious offenses (those punishable by more than 6 
months' imprisonment) do not require a warrant for a suspect's arrest. 
Only a law enforcement officer with ``judicial police officer'' status 
is empowered to authorize arrest. This status also is vested in senior 
officers of the security services. The law instructs security forces to 
bring detainees to the police within 24 hours. The law also provides 
that detainees must be charged within 24 hours and be brought within 48 
hours before a magistrate, who may authorize provisional detention for 
varying periods.
    In practice these provisions were violated systematically. Security 
forces, especially those carrying out the orders of any official who 
could claim authority, used arbitrary arrest to intimidate outspoken 
opponents and journalists. Charges rarely were filed, and the political 
motivation for such detentions often was obscure. When the authorities 
did press charges, the claims that they filed sometimes were contrived 
or recitations of archaic colonial regulations.
    Detention without charge has been a frequent problem under the 
Kabila administration. During the year, a number of leaders of human 
rights and religious organizations indicated that increases not only in 
the number of arrests and detentions but also in the number of security 
agencies arresting and detaining persons and in the number of detention 
centers made it increasingly difficult to monitor arrests and 
detentions or investigate reports of arbitrary arrest and detention. 
There were many secret or unofficial detention centers in Kinshasa, 
some of which reportedly were run by the Office of the President (see 
Section 1.a.); there were several reports of secret jails on the 
premises of the presidential palace.
    Throughout the year the Government continued to arrest and detain 
members of the Tutsi ethnic group without charge and merely on the 
basis of their ethnicity. On January 12, soldiers of the 50th Brigade 
raided the Bethany Catholic Center and arrested about 50 Tutsis who 
took refuge there, and whom theGovernment subsequently incarcerated. 
Hundreds of Tutsis arrested in 1998 after the start of the war remained 
detained during the year, at locations including Kokolo military camp, 
the National Social Security Institute west of Kinshasa, and Lubumbashi 
in Katanga Province. However, the Government released many Tutsis on 
condition that they leave the country through ICRC relocation programs. 
In June the ICRC repatriated detained Tutsis whom the Government 
regarded as Rwandan, Ugandan, or Burundian nationals, and who were 
willing to depart the Congo; starting in October, the ICRC evacuated 
detained Tutsi citizens to other countries. About 3,000 persons who 
claimed to be Tutsis in hiding presented themselves for detention in 
Kinshasa during the year, mostly after the Government announced that 
Tutsis could be relocated to foreign countries. Many Tutsis remained in 
detention because of their ethnicity at year's end. However, due in 
part to intervention by the international community, at some detention 
sites Tutsis' terms of detention became increasingly liberal during the 
year and included substantial freedom of movement by year's end. 
Government detention of at least some Tutsis became increasingly 
protective rather than punitive and many Tutsis increasingly felt safer 
in government custody than elsewhere in the government-controlled part 
of the country; throughout the year, Government officials and state 
media continued to publish and broadcast anti-Tutsi propaganda, the 
Government directed its security forces and encouraged the CPP's and 
CPD's to search for and detain Tutsis, and outside their special 
detention centers even suspected Tutsis were harassed and beaten (see 
Sections 1.c., 1.f. and 5).
    Between December 31, 1998, and January 29, police in Kinshasa 
arrested four members of the Solidarity labor union, apparently in 
connection with a strike by Finance Ministry employees, and 
subsequently detained them at Makala Prison (see Section 6.a.); they 
later were released.
    On January 1, ANR agents detained Adrien Phongo Kunda, the 
secretary general of the Union for Democracy and Social Progress (UDPS) 
political party, for 9 hours at the ANR facility in Gombe. He was 
charged with breaking a ban on political activity by distributing a New 
Year's message to party members. On January 16, he was arrested again 
and interrogated about the activities of the UDPS. He was released 9 
days later. On the night of January 5, police in Kinshasa arrested and 
then released Louis Botimbili, who was visiting the capital, on charges 
of being a suspicious character who did not register his presence with 
the commune. He was called back to the police station on January 7 for 
being a member of the human rights NGO Friends of Nelson Mandela. He 
was released on January 9, after the intervention of several human 
rights NGO's.
    On January 8, ANR agents in Kinshasa arrested the 74-year-old 
father of former FAZ general Kpama Baramoto for having an international 
telephone conversation with his son. Baramoto suffered from 
hypertension, but was refused treatment by ANR guards. He was released 
after a few days.
    On January 8, soldiers in Mawanga in Bandundu Province arrested 
former government minister Hypolite N'sema Mambakila, detained him for 
a week at Kenge and Kikwit, and then transported him to Kinshasa. He 
was charged with breaking the ban on political activity and organizing 
a band of rebels near the border with Angola. He was freed on February 
26.
    On January 12, soldiers of the 50th Brigade who were raiding the 
Bethany Catholic Center to detain Tutsis arrested human rights 
activists Christophe Bintu and Bienvenu Kasole, who were visiting the 
center. Soldiers beat Bintu and Kasole. Kasole lost a tooth in 
detention and suffered from bleeding, but military authorities refused 
him medical attention. They also were forced to sleep on the ground and 
were denied food and visitors. Bintu and Kasole were released on 
January 18 (see Section 4).
    On January 16, five police officers in Kinshasa arrested UDPS 
political counselor Jean Joseph Mukendi wa Mulumba on suspicion of 
carrying out political initiatives in defiance of a Kabila decree 
banning all political party activities. He was held in confinement 
until January 21, when he was released as a result of poor health.
    On January 16, police arrested the following opposition political 
party members on the charge of conducting political activities: Adrien 
Phongo Kunda (UDPS), Cleophas Kamitatu Masamba (PDSC), and Charles 
Bofassa Djema (MPR). On January 21, police arrested Nyembo Shabani 
(UDPS) and Denis Bazinga (of afaction of the UDPS) on the same charge. 
All were released by January 25.
    On January 21, police in Kinshasa arrested UDPS spokesman Joseph 
Kapika Ndji Kanku on charges of violating the ban on political 
activities by hosting party events at his house. He was freed on 
January 25 but was rearrested on February 3 and brought to the ANR 
holding facility at Lemera, where he was charged with criticizing the 
law banning political party activity in an interview with a foreign 
radio station. ANR guards reportedly threatened his life and subjected 
him to cruel and humiliating treatment. Kapika was released in 
December.
    On January 26, and again on February 4 and February 5, security 
forces arrested newspaper editor Andre Ipakala; following the third 
arrest, they held him for 3 days without charge (see Sections 2.a. and 
2.d.).
    Between January 28 and February 13, ANR agents in Kinshasa and 
Mbuji Mayi arrested 11 employees of a cellular telephone company, a 
manager and 10 workers who had formed a bargaining group, and 
subsequently detained them in Makala Prison (see Section 6.a.).
    On February 1, five members of the PALU opposition political party 
were arrested for hoisting the party flag in defiance of the 
presidential ban on all political activity. One was released on 
February 10. The other four, Lexis Mikwinzi, Kasongo Mumoshi, and 
Luzolo and Mpoyo Doingo Moise, were released in December.
    On February 3, ANR agents raided the offices of the daily newspaper 
Le Potentiel, arrested five journalists, and detained them for a day, 
without producing a warrant either for the search or for the arrests; 
the journalists were released the following day (see Section 2.a.).
    On February 5, DEMIAP agents detained Floribert Chebeya Bahizire, 
president of the human rights NGO, Voix des Sans-Voix (VSV), and two 
other VSV colleagues, and reportedly threatened to kill them before 
releasing them later the same day. Security forces then ordered 
Chebeya, one of the Congo's most prominent human rights advocates, to 
present himself daily to police authorities in the Gombe district of 
Kinshasa (see Section 4).
    On February 9, police in Kinshasa arrested Theo Ibwala for wearing 
a T-shirt promoting the UDPS political party. Ibwala was held for 3 
days, during which he suffered several epileptic fits and was refused 
treatment. Ibwala was never charged. Police forced him to change into a 
``Support President Kabila'' T-shirt before allowing him to leave.
    On February 16, members of the security forces briefly detained 
three members of the Front for the Pursuit of Democracy (FSD), 
including FSD president Eugene Diomi Ngongala, as they left a foreign 
embassy, allegedly for visiting a foreign embassy without prior 
government permission (see Section 2.b.).
    On February 16, presidential security agents detained VSV activist 
Justin Chiba Sengey. He was released after 7 hours, and told to tell 
his colleagues to stay clear of any matters concerning military 
security.
    On February 20, military personnel arrested Luyinumu Lelo Koko and 
Jonas Ndoko in the Ndjili neighborhood outside Kinshasa. While the 
arrests were made at 8 p.m. for allegedly breaking a curfew, the actual 
curfew did not begin until 11 p.m. Soldiers took the pair to a wooded 
area and beat them with sticks (see Section 1.c.). Soldiers also stole 
the equivalent of $2 (10 francs) from Ndoko.
    On February 24, ANR and CNS agents arrested Mabanza Meti, acting 
managing director of the Citibank office in Kinshasa in connection with 
an alleged international funds transfer on behalf of a rebel leader. 
Authorities detained two other Citibank employees in connection with 
the same alleged transfer on February 6. At least one bank employee was 
held incommunicado for several days. All three bank employees were 
released on March 3, without being charged formally.
    On February 27, authorities lured Brigitte Sakina Lundula to the 
ANR station at Binza ma Campagne with the promise of a ministerial 
post. On her arrival, Sakina was arrested and accused of being an RCD 
rebel agent. She was released on May 22 without being charged.
    In February ANR agents arrested Professor Tshibangu Kalala in 
Kinshasa and detained him for 2 weeks without charges (see Sections 
1.c. and 2.a.).
    On March 5, soldiers in Kinshasa acting under the orders of a 
military tribunal raided the offices of Mitchell and Associates, an 
international law firm that represented foreign investors, seized the 
firm's files, and arrested two partners in the firm, Lambert Djunga and 
Pierre Risasi Nsimbwa. The two lawyers were charged with high treason 
and acquitted in November. Their detention and indictment is believed 
to have been related to the role their firm played in the South African 
Government's seizure of a shipment of tin ore from the country.
    On March 10, police arrested two female money changers, detained 
them at the police station in the Kin-Maziere building in the Gombe 
district of Kinshasa, and accused them of changing money at a different 
exchange rate from that set by the central bank. After an interrogation 
by Major Muanza, the pair were ordered to pay a fine equivalent to 
$200, which the police took without issuing a receipt. After a second 
interrogation by another police officer, the women were stripped and 
whipped with a wire cable before being released (see Section 1.c.).
    On March 14, ANR agents arrested four persons at the Kinshasa 
airport as they returned from a conference about the war in the country 
that was held in South Africa, and in which the Government had refused 
to participate. Those arrested were: Modeste Mutinga, editor of Le 
Potentiel newspaper; Andre Ipakala, editor of La Reference Plus 
newspaper; Marie-Ange Lukiana, president of the National Womens' Union; 
and a political party representative named Kabamba. Mutinga, Ipakala, 
and Lukiana were detained for about week, and Hamuli for about 2 weeks, 
without being charged (see Sections 2.b. and 2.d.).
    On March 16 and again on April 5, ANR agents arrested a missionary 
for ``suspicious behavior'' for using a cell phone near an ANR 
facility. The missionary worked in a building across the street from an 
ANR facility and used a cell phone to summon his driver. The missionary 
was released for the second time on April 19.
    On March 22, police detained a journalist after his driver parked 
his vehicle close to a police roadblock. The journalist and driver were 
taken before presidential security personnel who whipped the journalist 
(see Section 1.c.).
    On April 16, ANR agents at Ndjili Airport arrested former Minister 
of Posts, Telephone and Telegraph Kinkela vi Kin'sy, who subsequently 
was detained at Makala Prison for about 1 month. The ANR agents 
reportedly accused Kinkela of trying to flee the country, but Kinkela 
reportedly stated that he was at the airport to meet a friend who was 
traveling (see Section 2.d.).
    On March 29, police Major Bruce Kifua arrested Simon Tshamala for 
being a ``rebel sympathizer.'' He was incarcerated for 4 days without 
food or water and released on April 2. No charges were filed.
    On April 6, ANR security forces arrested Baudouin Hamuli Kabarhuza, 
executive secretary of the NGO umbrella group, National Council of 
Nongovernmental Organizations for Development (CNONGD). He was charged 
with leaving Congo in order to meet with both Mobutists and rebels in 
South Africa. He was released on April 14.
    On April 8, members of the security forces arrested the vice 
president of the local chapter of the UDPS opposition party while he 
was conversing on the street with a colleague. He remained in detention 
until April 14. No charges were filed.
    On April 10, presidential security agents arrested two electric 
company workers for allegedly speaking ill of President Kabila on a 
city bus. The two, Kennedy Mukendi and Don King Mabuso, were placed in 
an airless overcrowded cell with 11 other prisoners and released the 
following day.
    On April 26, ANR agents arrested Andre Bamwe Kabasu, Thierry 
Tshiamumayi Kabunda, and Daniel Faustin Kalala Mashika after reportedly 
intercepting a letter addressed to a rebel leader. The letter, 
allegedly written by the president of the Congolese Socialist Union 
president, claimed that the three men would be willing to receive the 
rebels, should the town of Tshikapa fall. The three were detained for a 
week, then released after ANR authorities determined the letter to be 
false.
    On April 29, ANR agents arrested Lambert Edimba for associating 
with members of various opposition political parties. They took Edimba 
to the ANR detention facility at Binza ma Campagne, where they 
confiscated a tape recorder and several video cassettes. ANR agents 
severely beat him before confining him to a cell. Edimba was released 
on May 8 (see Sections 1.c. and 2.a.).
    On May 2, rapid intervention police arrested Emmanuel Cole, 
president of the NGO, Bill Clinton Foundation. He was charged with 
illegally operating an NGO and conspiracy against the security of the 
State. He was released on May 11.
    On May 8, police arrested Stephane Kitutu O'leontwa, president of 
the Congo Press Union, in an effort to locate the author of an article 
that was published in a newspaper for which Kitutu had never written. 
Kitutu was released 4 days later (see Section 2.a.).
    On May 12, ANR agents in Kinshasa arrested four members of the 
opposition UDPS party: Professor Alidor Mwamba Mtita, a journalist and 
member of the national committee of the UPDS; Raymond Kabala, 
administrative secretary of the UPDS national committee; Odile Kalala, 
a national committee member and an employee of Catholic Relief 
Services; and Mpoyi Placide, a U.N. agency employee. They were arrested 
at Mpoyi's home and held incommunicado for 8 days. On May 19, they were 
transferred from an ANR facility to Kokolo, a military camp also used 
to detain Tutsis. Mitita and Kabala were released in December, without 
having been charged; the others reportedly remained in detention at 
year's end.
    On May 17, eight members of the opposition PALU party were rounded 
up in Kinshasa and arrested. The eight were taken to the headquarters 
of the presidential guard investigative branch in the Gombe 
neighborhood of Kinshasa. Authorities accused the eight PALU members of 
attempting to overthrow Kabila and being in league with the rebellion, 
and kept them in a small dark airless cell. Guards administered daily 
beatings with a whip. One detainee urinated blood, while three others 
were unable to stand or walk. The eight detainees then were thrown into 
mud and told to eat it. Authorities freed the eight after 10 days in 
detention but kept them under surveillance throughout the year (see 
Section 1.c.).
    On May 20, DEMIAP police arrested the president of the opposition 
party Union Socialist Congolaise, Christian Badibangi, along with 
approximately 40 supporters. They remained in jail at the DEMIAP 
holding facility in Kinshasa commonly called ``L'inter'' until July 5, 
when they were released. Badibangi was charged with being in contact 
with the armed rebellion and training rebel forces in Angola. For the 
first 2 days he was repeatedly beaten on the feet. He was placed in a 
cell measuring 3 square yards with approximately 60 other prisoners, 
who were held without food or water. Ventilation was cut off, and 
prisoners were wedged in so tightly that they could not sit. There were 
no toilet facilities. This holding cell is called ``Ouagadougou'' and 
is allegedly a holding cell for dangerous criminals. No one is allowed 
access to this area, and the Kabila Government refuses to allow NGO 
representatives to visit it. Badibangi developed permanent health 
problems as a result of his incarceration. As of September, the 
Government continued to refuse to grant him an exit visa to seek 
medical attention overseas.
    On May 20, Major Bruce Kifua, son of National Police Inspector 
General Celestin Kifua, and his police bodyguards stopped the driver of 
a sports car for passing them. The driver was taken to Kifua's office, 
where he was lashed 50 times with a whip. His vehicle, watch, cellular 
phone, personal jewelry, and money worth about $150 were confiscated. 
He then was delivered to the police. Police authorities returned his 
confiscated vehicle, but not his other belongings. No action was taken 
against Kifua.
    On May 25, security forces arrested two journalists of a Kinshasa-
based newspaper, Le Soft, on charges of ``undermining the Government,'' 
in connection with the publication of an article describing 
mismanagement of the central bank. Both journalists were released on 
June 4 (see Section 2.a.).
    On May 27, security agents arrested a medical doctor named Elongo, 
who worked with SEMBUAC, a domestic NGO. He was accused of being an 
infiltrated rebel and was detained at an ANR facility in Kinshasa's 
Gombe neighborhood for nearly a week.
    On May 29, security forces arrested Laurent Kantu Lumpungu, 
president of L'Association des Cadres Penitentiaires du Congo, a human 
rights NGO, after he criticized the summary executionscarried out by 
orders of military courts. Security forces detained Kantu at various 
locations between May and August, without giving him a court hearing. 
On August 26, a state-controlled television station broadcast a 
documentary on Kantu, entitled ``A Smuggler Unlike the Others,'' and 
alleged that Kantu was in possession of subversive documents at the 
time of his arrest. He was not charged or tried, and remained in 
detention at year's end (see Section 4).
    In June security forces arrested Beyeye Djema, formerly a supporter 
of President Mobutu, and accused him of keeping a pistol at his house; 
he was released in December.
    In June security forces arrested Tabu Kalaia, president of the 
Katangan provincial branch of the opposition UDPS party; he 
subsequently was detained at the ANR detention facility in Lubumbashi. 
He remained in detention at year's end.
    On June 3, security agents arrested Kazadi Ntumba Mulongo, editor 
of the Kinshasa newspaper Top Media, and detained him for about a week 
without charges; security agents accused Ntumba of publishing articles 
too critical of the Government (see Section 2.a.).
    On June 10, security forces in Kinshasa arrested three UDPS party 
members, Raoul Nsolwa, Tchete Katala, and Tchaba Fils, as well as five 
associates. The eight were detained until June 23 at various facilities 
around Kinshasa, on charges of using bad language towards two soldiers.
    On June 14, police in Kinshasa jailed 12 members of the opposition 
UDPS party for allegedly booing the passing motorcade of President 
Kabila. The police released nine of the detainees over a period of 
several weeks. However, three remained in detention until December (see 
Section 2.b.).
    On June 23, members of the security forces raided the Kinshasa 
office of Tempete des Tropiques, a daily newsaper, and arrested three 
journalists. The journalists were beaten publicly before being loaded 
into a vehicle and taken away; they were released later the same day 
(see Sections 1.c. and 2.a.).
    On June 28, security agents arrested a reporter for the Kinshasa 
daily newspaper, Le Potentiel, after learning that he intended to write 
a story detailing animosity between the President's chief of staff and 
the Minister of Finance. The reporter was released the following day 
(see Section 2.a.).
    On July 2, police detained Bertin Lukhanda, a member of the human 
rights NGO Haki za Binadamu, which specializes in protecting the rights 
of prisoners. Security agents interrogated Lukhanda concerning the 
activities of his organization before releasing him the following day 
(see Section 4).
    Between July 16 and August 27, security agents rounded up and 
arrested approximately 154 activists of the opposition PALU party. The 
Government charged the PALU members with illegally engaging in 
political activity and dispersed them among various holding facilities 
in Kinshasa. It is believed that most were arrested for exhibiting the 
party flag and other emblems of PALU, although the Government filed no 
formal charges against them (see Sections 2.b. and 3).
    On July 19, according to a public statement by the PALU opposition 
party, members of the security forces arrested and detained PALU member 
Sangu Matembi on charges of political activity; Matembi reportedly died 
in Makala Prison on October 11 due to lack of food and medical care 
(see Section 1.a.).
    On the night of July 24-25, members of the security forces arrested 
Christophe Lutundula, president of the Movement for Solidarity, 
Democracy and Development (MSDD), an opposition party, at his home. 
Security forces detained Lutundula for 46 days without bringing charges 
against him, after he made comments critical of the country's political 
institutions (see Section 2.a.).
    On July 26, ANR agents arrested Honore Kaputu and Timothe Dikueza, 
both members of the domestic human rights after they attempted to mail 
a VSV newsletter to the NGO's leader in Germany (see Sections 1.f. and 
4). Both detainees were released a few days later without being 
charged.
    On July 26, security forces in the town of Mbuji Mayi arrested, 
briefly detained, and whipped two journalists for criticizing the 
deputy governor of Eastern Kasai Province (see Sections 1.c. and 2.a.).
    On July 29, security forces in Lubumbashi arrested professor Kambaj 
wa Kambaji because of the professor's critical analysis of the use of 
ethnic hate radio in Congolese politics (see Section 5). Security 
forces in Lubumbashi tortured professor Kambaji in detention and denied 
him access to his doctor and his family. He was flown to Kinshasa on 
August 19 and mistreated aboard the aircraft. At year's end, Professor 
Kambaji remained in detention at an ANR facility in Kinshasa (see 
Sections 1.c. and 1.d.).
    In early August, DEMIAP personnel again arrested Christian 
Badibangi, president of the Union Socialiste Congolaise, who had been 
detained from May 21 until July 20. He was released a few days later 
with no charges pressed and no explanation given; his repeated 
detentions appeared to be an attempt to curb his political activities 
(see Section 2.b.).
    On August 2, the rapid intervention police arrested three union 
leaders while dispersing striking civil service workers who were 
protesting low pay and nonpayment of salaries (see Sections 2.b. and 
6.a).
    On August 13, police in Kinshasa arrested an attorney named 
Ntamirira, who was attached to the appeals court of Kinshasa/Gombe. 
Police gave no reason for the arrest. Ntamirira was transferred from a 
police jail to an ANR holding facility despite health problems, and he 
was allowed no visitors. Police released Ntamirira on August 18.
    On August 24, police in Kinshasa arrested two members of the free 
speech NGO, Journalistes en Danger, Mwamba wa Ba Mulamba Morro and 
Achille Kadima, and detained them for 4 days in a private house in the 
Kintambo neighborhood of Kinshasa, after they wrote an article 
implicating the Director General of Taxation in corruption (see 
Sections 2.a. and 4).
    In September the police arrested Wetemwani Katembo Merikas, an 
activist with the youth-oriented human rights NGO Cojeski. Police 
accused Katembo of being a rebel infiltrator charged with starting a 
clandestine political party. Security agents took Katembo to the GLM 
detention facility in Kinshasa's Gombe neighborhood, where he was held 
in a dark cell for 4 days. During his incarceration, police handcuffed 
and beat Katembo an average of four times a day (see Sections 1.c. and 
4).
    In early September, security forces again arrested Cleophas 
Kamitatu, who had been detained in January, and had subsequently become 
president of a newly-formed opposition group, Community of the 
Pluralist Democratic Opposition (CODEP). He was arrested soon after he 
criticized the Government in a foreign radio broadcast, but he was 
charged with malfeasance in connection with prior service as ambassador 
to Japan. Kamitatu reportedly signed over the deed of a provincial 
house in return for a promise of release, and a court ruled that he be 
placed under house arrest; however, he remained in detention at year's 
end (see Sections 2.a. and 2.b.).
    In the predawn hours of September 7, security forces raided the 
offices of the Biaka Press and arrested two writers and the printer of 
Alerte Ndule, a periodical dedicated to music. Security officials 
apparently sought writers of the newspaper L'Alarme and did not 
distinguish between the names. The three were released three days after 
their arrest (see Section 2.a.).
    On September 10, ANR agents in Mbuji Mayi in Eastern Kasai Province 
arrested Francois Mpoyi Mukandu, the legal adviser of the governor of 
the province. No charges were made public. ANR agents reportedly 
tortured and beat Mpoyi so severely that he could not walk, and he was 
taken to a hospital. On the same day and in the same city, a second 
attorney, Marcel Mpuanga Mindu, also was arrested by the ANR and 
tortured. The head of the bar association in Mbuji Mayi then complained 
to the Minister of Justice about these abuses and dispatched the court 
clerk to give Mbuji Mayi ANR chief investigator Tshiamuang Tshombe a 
summons to appear in court. Tshiamuang ordered police to arrest the 
court clerk on bogus charges of breaking into his house. The clerk, 
Ditutu bin Bwebwe, was taken to an ANR holding facility where he was 
beaten. Ditutu was released after 9 days. The two attorneys were 
released in November (see Section 1.c.).
    On September 10, ANR security police arrested prominent soccer 
player Eugene Kabongo Ngoy upon his return to Kinshasa from Lusaka, 
Zambia. The arrest came after Kabongo was seen in the lobby of a Lusaka 
hotel greeting a number of persons believed to be rebels.
    On September 14, security forces briefly detained Catherine Nzuzi, 
president of former president Mobutu's Popular Movement of the 
Revolution (MPR) party, in connection with a mass for thelate president 
that she organized on the second anniversary of his death (see Section 
2.c.).
    In mid-September, security forces arrested Albert Bosange Yema, a 
journalist employed by L'Alarme, a Kinshasa-based daily newspaper, who 
reportedly wrote an erroneous article on the capture of Lake Mukamba by 
the rebels (see Section 2.a.).
    During the week preceding September 28, security forces arrested 
and detained 18 PALU opposition party members, according to a PALU 
press release issued on that date.
    In early October, according to media interviews with Pascal 
Kusehuka, secretary general of the PALU opposition party for the 
Bandundu Province, a group of men including the son and nephew of 
provincial governor Marc Katshunga, acting on orders from Katshunga, 
arrested Kusehaka, accused him of political activity, and tortured him 
(see Section 1.c.). Kusehaka reportedly was released later the same 
month without being charged formally.
    On October 2, DEMIAP officials in Kinshasa arrested the publisher 
of the weekly newspaper Avant Guard on charges of compromising state 
security, and detained her for 2 days, reportedly in connection with a 
military tribunal judge's effort to learn the names of the authors of 
some open letters that were published anonymously in Avant Guard (see 
Section 2.a.).
    In November security forces arrested Djojo Kazadi Mpayo, editor of 
the Kinshasa newspaper, Palme d'Or, after that newspaper published a 
story that predicted that natives of the Kivu Provinces (apparently an 
allusion to RCD rebels) would soon take President Kabila to court (see 
Section 2.a).
    On December 11, two unidentified men blindfolded and abducted 
University of Kinshasa student leader Alain Shekomba Okende. They 
reportedly tied him up, took him to an unknown location, and 
interrogated him about suspected ties to the media and to foreign 
embassies and intelligence services. It was reported that shortly after 
Shekomba's release on December 13, the ANR summoned him and other 
student leaders to the ANR facility in Kin-Maziere, where they detained 
but subequently released him and another student leader, Ntumba 
Kapajika.
    On December 10, the Government freed 156 political detainees, 
including all 90 PALU activists then detained in Malaka Prison and 4 
prominent UDPS members, including party spokesman Joseph Kapika and two 
UDPS members arrested on May 12, Professor Alidor Mwamba Mtita and 
Raymond Kabala. However, seven UDPS activists reportedly remained in 
detention at year's end.
    On November 7, 1998, police arrested Thiery Itangaza Mubango and 
held him in detention until January 8, for attempting to make a long 
distance telephone call to a foreign business executive whose business 
he represented in the country. He was held at the ANR facility in the 
Gombe neighborhood of Kinshasa. He was arrested without a warrant and 
never charged.
    Pretrial detention often was prolonged. In March it was credibly 
reported that of 2,509 persons incarcerated at Makala Prison, only 276 
had been tried and convicted; almost 90 percent of the inmates were 
awaiting trial. Two-thirds of Makala's 655 civilian inmates were 
awaiting trial.
    The Government also held prisoners of war, reportedly including 
about 96 members of the Rwandan armed forces and a few members of the 
Burundian armed forces. They reportedly were guarded by members of the 
Zimbabwean armed forces. Although the Lusaka Accords called for an 
exchange of prisoners, none took place during the year.
    Antigovernment forces reportedly detained persons repeatedly (see 
Section 1.b.). Many of those whom antigovernment forces detained 
reportedly were Hutus. The Rwandan and Ugandan armed forces held some 
Zimbabwean and Namibian prisoners of war, and allowed the ICRC to visit 
them. However, government soldiers captured by antigovernment forces 
reportedly were held by the RCD or MLC, which reportedly did not permit 
the ICRC to visit them.
    The law prohibits forced exile, and the Government did not practice 
it formally; however, the Government released 1,341 Tutsis from 
detention on the condition that they leave the country through 
internationally-sponsored relocation programs. These Tutsis chose 
freely to leave the country rather than remain in government detention. 
In February the Government moved approximately 200 at-risk Tutsis from 
Camp Kokolo to the National Social Security Institute (INSS) center, in 
the western suburbs of Kinshasa, where their comfort and security were 
improved greatly and where the ICRC had continued access. Theyremained 
at the INSS center until June, when the ICRC repatriated Rwandans, 
Ugandans, and Burundians who were willing to depart the Congo. The 
remaining at-risk individuals remained at the INSS until late October. 
In Lubumbashi some 270 at-risk individuals were detained during the 
same period and also were repatriated to Burundi, Rwanda, or Uganda by 
the ICRC or evacuated to Belgium or Benin.
    e. Denial of Fair Public Trial.--The Transitional Act of the Mobutu 
regime and Kabila's Decree Law No. 3 provide for the independence of 
the judiciary; however, in practice the judiciary was not independent 
of the executive branch, which could and did manipulate it. The Kabila 
administration continued not to establish mechanisms to ensure the 
independence of the judiciary; a judicial reform decree, reportedly 
awaiting presidential approval since 1997, still had not been 
promulgated. The judiciary also is ineffective and suffers from 
corruption.
    The civil judiciary, including lower courts, appellate courts, the 
Supreme Court, and the Court of State Security, was largely 
dysfunctional; during the year military tribunals that have been 
organized since August 1997 tried nearly all cases and sentenced many 
civilians as well as military personnel to death after summary trials. 
Defendents before these tribunal had no automatic right of appeal to a 
higher court, and many apparently lacked counsel.
    Between January and early August at least 183 individuals were 
tried and convicted by military courts. By April the military tribunals 
in Kinshasa and Matadi had sentenced 52 persons to death; by year's 
end, they were believed to have sentenced more than 100 persons to 
death. Fourteen of the condemned were executed publicly on May 13 at a 
police facility in Kinshasa. On May 25, 23 others were executed at Camp 
Tshatshi, in Kinshasa. Death sentences and executions resulting from 
summary military trials became increasingly frequent as the year 
progressed. According to a domestic human rights NGO, between August 23 
and November 23 alone, military tribunals sentenced 278 persons to 
death, of whom 142 already were executed by late November. Government 
military tribunals repeatedly sentenced civilians to death for 
nonviolent offenses, including mismanagement of public funds and 
violations of government restrictions on private economic activity, 
such as private distribution of state-monopolized and state-rationed 
gasoline. Military tribunals also convicted and ordered the execution 
of persons charged with armed robbery, murder, inciting mutiny, 
espionage, and looting while in a state of mutiny. Persons convicted by 
military tribunals sometimes were executed publicly in ceremonies held 
in stadiums and presided over by senior government officials, such as 
provincial governors.
    Civil and criminal codes are based on Belgian and customary law. 
The legal code provides for the right to a speedy public trial, the 
presumption of innocence, and legal counsel at all stages of 
proceedings; however, the Government did not respect these rights in 
practice. Defendants have the right to appeal in all cases except those 
involving national security, armed robbery, and smuggling, all of which 
are adjudicated in theory by the Court of State Security, and cases 
adjudicated by the special military tribunals, whose jurisdiction 
appears ill defined. The law provides for court-appointed counsel at 
state expense in capital cases, in all proceedings before the Supreme 
Court, and in other cases when requested by the court. The Kabila 
administration still has not stated a position on providing counsel, 
and has provided it only at its discretion.
    Corruption remained pervasive, particularly among magistrates, who 
were paid very poorly and only intermittently, and also were trained 
poorly. The system remained hobbled by major shortages of personnel, 
supplies, and infrastructure.
    On March 30, a military tribunal convicted Thierry Kyalumba, 
publisher of the Kinshasa newspaper, Vision, of divulging state secrets 
and sentenced him to 4 years in prison for writing an article 
describing a Ugandan purchase of missiles destined for rebel forces. He 
was beaten repeatedly during pretrial interrogations. He escaped from a 
prison hospital in May, and is believed to have left the country (see 
Sections 1.c. and 2.a.).
    On June 18, a military tribunal in Katanga province sentenced two 
journalists to 8 months in prison for ``slander and lies'' for 
publishing an article that alleged that the governor of Katanga favored 
antigovernment insurgents. President Kabila granted clemency to the 
journalists on September 27 (see Section 2.a.).
    On June 16, the Government released Joseph Olenghankoy, head of the 
political party Innovative Forces for Unity and Solidarity (FONUS), 
whom a military tribunal in May 1998 had convicted and sentenced to 15 
years' imprisonment on charges of violating the ban on political 
activity.
    At year's end the Government continued to hold some political 
prisoners, including ADFL co-founder Anselme Masasu and former Bas 
Congo Province governor Fuka Unzola and five associates, all of whom 
were convicted and sentenced to long prison terms in 1998. However, 
television reporter Joseph Mbakulu Pambu was tried and acquitted in 
December. The total number of political prisoners could not be 
ascertained due to restrictions on access to prisons by independent 
monitors (see Section 1.c.). Persons whom the Government incarcerated 
during the year for political offenses, including violations of 
Kabila's ban on political activity, mostly were detained without being 
tried and many were released in December (see Section 1.d.).
    Similarly, persons reportedly incarcerated by antigovernment forces 
for political reasons generally were reported to be detained without 
being formally tried (see Section 1.d.).
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--Security forces routinely ignored legal provisions for 
the inviolability of the home, the family, and private correspondence. 
Members of the security officials often harassed and robbed persons.
    Government security forces routinely kept under surveillance the 
headquarters of opposition parties and the movements of leading 
opposition political figures (see Section 2.b.).
    The security forces repeatedly raided private businesses, including 
newspapers, banks, and law firms, seizing documents and other property, 
and arrested and detained employees whom they accused of collaborating 
with antigovernment forces (see Sections 1.d. and 2.a.). Security 
forces routinely ignored requirements for search warrants, entering and 
searching at will. In February the Government seized two foreign-owned 
diamond mines near Tschikapa in Western Kisai Province, and 
subsequently operated them.
    When unable to locate a specific individual, authorities routinely 
arrested or beat the closest family member (see Sections 1.c. and 
1.d.). On July 9, soldiers entered and searched the home of Innocent 
Kyuma without a warrant, seeking to arrest him for unknown reasons. 
After stealing money, they arrested Kyuma's pregnant wife and his 
sister. Military personnel held the two hostage until Kyuma appeared, 
and then arrested him. His release had not been reported by year's end. 
In March security agents forced their way into the homes of two 
Kinshasa families, ostensibly searching for Tutsis in hiding (see 
Sections 1.d. and 5). In one house, they arrested the son, since the 
father was not at home. In both homes they looted belongings and 
threatened to kill the inhabitants. On July 9, the same soldiers raided 
the office of a businessman named Kisaka for unknown reasons. The 
soldiers reportedly whipped the office staff as well as clients in 
their search for Kisaka. Upon learning that he was traveling, the 
soldiers arrested his secretary and stole her minibus. Later that night 
the same soldiers arrested Kisaka's younger sister Judith. ANR agents 
detained Kisaka's secretary for almost 1 week, and his sister for 
almost 2 weeks.
    Security agents forced their way into private homes without search 
or arrest warrants, often beating the inhabitants and stealing money 
and goods. There were reports that security forces raped women during 
these raids. The police often raided opposition party leaders' 
residences, made arrests, and seized files (see Sections 1.c. and 
1.d.). On January 11, security forces invaded the residence of UDPS 
opposition party member Jean Joseph Mukendi wa Mulumba. They claimed to 
be searching for Tutsis in hiding (see Sections 1.d. and 5).
    On April 17, elements of the 50th brigade cordoned off sections of 
the Masina neighborhood of Kinshasa, ostensibly to search for rebels in 
hiding. However, the raid likely was in retaliation for an unfavorable 
reception residents recently gave to President Kabila's passing 
motorcade. In the course of searching the neighborhood's homes without 
warrants, soldiers arrested 72 individuals on charges ranging from a 
lack of documentation to being in possession of suspicious objects such 
as cellular telephones. All were released from police custody the same 
day.
    On February 8, the CDDH publicly reported that soldiers in Tshikapa 
in Western Kisai Province, then a government-controlled area, had 
recently committed several acts of robbery, looting, and rape, 
including a violent robbery of parish priests.
    ANR security agents monitored mail passing through private express 
delivery companies as well as through the largely dysfunctional state 
mail service. On July 26, ANR agents arrested two members of the 
domestic NGO VSV, after intercepting and reading the contents of their 
private correspondence. The ANR agents were assigned to the mail room 
of the international package delivery company Express Mail 
International, and intercepted a newsletter NGO activists Honore Kaputu 
and Timothe Dikueza attempted to send to a colleague in Germany. The 
ANR agents arrested the pair when they appeared at the package delivery 
company to inquire about the delay in delivery (see Section 1.d.).
    The Government was widely believed to monitor telephone 
communications.
    There were credible reports that government forces used forcible 
conscription, and that many of those forced to enlist were children. 
The Government stated that it would reduce its use of child soldiers 
and curtailed forcible conscription of children during the year; 
however, there was no general demobilization of child soldiers, and 
many children already in the armed forces continued to serve in them 
(see Section 5).
    Some Mai Mai and Hutu militia units fighting on the side of the 
Government routinely seized private property and looted homes to supply 
themselves. On two occasions in September, Burundian Hutu militia units 
operating out of the country raided and looted villages in Zambia.
    Antigovernment forces subjected civilians to arbitrary interference 
with privacy, family, home, and correspondence of civilians in the 
areas that their forces dominated (see Sections 1.a. and 1.c.).
    Between January 1 and 3, following fighting in the Mushinga and 
Kanioka areas, and near the chiefdom of Ngweshe in the Walungu 
territory, antigovernment forces stole livestock, tore apart homes, and 
hauled away windows and glass (see Section 1.a.). In October Rwandan 
soldiers and RCD-Goma rebels reportedly evicted Kisangani university 
professors from their homes and occupied their houses.
    There were credible reports that rebel forces used forcible 
conscription, and that many of those forced to enlist were children. 
The problem reportedly diminished during the year and rebel forces 
stated that they would reduce their use of child soldiers; however, 
there were no reports that they generally demobilized child soldiers, 
and many child soldiers reportedly continued to serve in rebel armed 
forces.
    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--Throughout the year, war continued with external 
intervention on both sides. The war began in August 1998, when Kabila 
tried to expel from the country Rwandan military forces that had helped 
him overthrow Mobutu. Congolese Tutsis and the Governments of Rwanda, 
Uganda, and Burundi all relied on these Rwandan forces for protection 
from hostile nongovernmental armed groups operating out of the eastern 
part of the country. These groups included: The Interahamwe militia of 
ethnic Hutus, mostly from Rwanda, which fought the Tutsi-dominated 
Government of Rwanda, and Hutu members of the former Rwandan armed 
forces, two groups believed to be responsible for the 1994 genocide of 
Tutsis in Rwanda; the Mai Mai, a loose association of traditional 
Congolese local defense forces, which fought the influx of Rwandan 
immigrants; the Alliance of Democratic Forces (ADF), made up of Ugandan 
expatriates and supported by the Government of Sudan; and several 
groups of Hutus from Burundi fighting the Tutsi-dominated Government in 
Bujumbura. Kabila's attempt to expel the Rwandan armed forces was 
frustrated by the outbreak on August 2 of a rebellion, led by a group 
that called itself the Congolese Rally for Democracy (RCD). The RCD was 
dominated by members of the Tutsi ethnic minority, but from the outset 
depended heavily on troops, materiel, and direction from the Government 
of Rwanda, and, to a lesser extent, the Government of Uganda. Military 
intervention by Angola, Chad, Namibia, and Zimbabwe resulted in the 
defeat of an RDC drive on Kinshasa in August 1998, but antigovernment 
forces advanced elsewhere. During the year, the rebels split into three 
factions, a Rwandan-supported faction of the RCD based in Goma, a 
Ugandan-supported faction of the RCD based in Bunia, and the Ugandan-
supportedMovement for the Liberation of the Congo, which, unlike the 
original RCD, was not dominated by ethnic Tutsis. Nevertheless, 
antigovernment forces continued to advance and at year's end controlled 
most of the country's territory, including its eastern and northern 
regions. During the year, elements of the armed forces of Rwanda and 
Uganda continued to operate inside the country in support of rebels, 
and elements of the armed forces of Burundi operated inside the country 
against armed groups of Hutus from Burundi. Elements of the armed 
forces of Angola, Namibia, and Zimbabwe continued to operate inside the 
country in support of the Government throughout the year, but the 
Chadian forces withdrew from the country in May. Nongovernmental armed 
groups such as the Interahamwe, former Rwandan Hutu military, and Mai 
Mai continued to operate inside the country on the side of the 
Government, often as guerillas inside territory held by antigovernment 
forces. Cease-fire accords signed in July between progovernment and 
antigovernment forces briefly reduced the intensity of the war. By the 
end of the year, all sides violated the cease-fire, although the level 
of fighting was generally limited. In this conflict, both sides 
repeatedly used excessive force and committed numerous abuses.
    Progovernment forces on several occasions used excessive force by 
bombing civilian populations in air raids against towns held by 
antigovernment forces. The crude bombs used, their manner of delivery 
(rolled out of the aircraft through an open hatch), and the fact that 
the raids were carried out at night over populated areas, nearly always 
resulted in heavy civilian casualties and little or no damage to 
antigovernment forces. On the night of January 10, progovernment forces 
bombed the city of Kisangani, killing 12 civilians and wounding 26. Two 
civilians reportedly died as a result of being hit by antiaircraft 
fire. In addition to human casualties, the raids also damaged houses, 
water, and electrical facilities in the communes of Makiso and Tshopo. 
There were also reports of progovernment air strikes in May. On June 2, 
government aircraft raided Bukavu and Uvira. During the first week of 
August progovernment aircraft bombed the towns of Makanza and Bobonga. 
A large although uncertain number of civilians were killed in these 
attacks. According to a report by the U.N. Special Rapporteur on the 
Situation of Human Rights in the Democratic Republic of Congo, not only 
the government's armed forces but also elements of the armed forces of 
other countries, including Zimbabwe, conducted such bombings.
    However, the widespread killings of Tutsi noncombatants, reportedly 
including some mass killings, which were the most serious violations of 
humanitarian law committed by government security forces during 1998, 
did not continue during the year. Government security forces continued 
to use child soldiers, but greatly reduced their forcible recruitment 
of child soldiers during the year (see Sections 1.f. and 5).
    There were reports that Mai Mai and Hutu guerrillas fighting on the 
side of the Government killed and tortured noncombatants (see Sections 
1.a. and 1.c.).
    There were many reports, at least some of them credible, that 
elements of the Rwandan armed forces and the Goma faction of the RCD 
repeatedly committed mass extrajudicial killings of noncombatants, 
usually in reprisal for attacks in the same area on RCD forces by Mai 
Mai or Hutu groups (see Section 1.a.). Rebel forces reportedly 
continued to use child soldiers, but reduced their forcible recruitment 
of child soldiers greatly during the year (see Sections 1.f. and 5).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Statutes provide for these rights, 
and remain in effect; however, in practice the Government increasingly 
restricted these rights.
    The Libyan-inspired CPP's that Kabila formed during the year 
monitored persons' speech, as well as association and movement, in 
residential areas, workplaces, and schools, and reported speech 
critical of the Government to security forces. Although the CPP's were 
not part of the formal structure of the State, they were clearly 
agencies of the Kabila regime.
    On June 14, police jailed 14 members of the opposition UDPS party 
for allegedly having booed the passing motorcade of President Kabila. 
Among those arrested were Tito Malengi, Nlandu Mavakala, Alain Ngoy, 
Gauthier Missau, Ibula Mosanzu. The police released nine of the 
detainees over a period of several weeks. However, three remained in 
detention until December, when they were released (see Section 1.d.).
    Incidents of harassment, intimidation, and detention of journalists 
were increasingly frequent for the second consecutive year, and 
violations of press freedom became more common. During the year 
government security forces arrested and detained more than 80 
journalists; few of them were tried. At least three remained 
incarcerated at year's end. Others were subjected to harassment, 
beatings, and torture. Police seized radio stations, shut down 
newspapers, and set fire to publishing houses. State authorities 
expelled foreign journalists and banned the transmission of some 
international radio broadcasts.
    Almost 400 newspapers were licensed to publish but only a score 
appeared regularly in Kinshasa. There was also an active private press 
in Lubumbashi, and some private newspapers were published in other 
provincial cities. Of the Kinshasa-based newspapers, seven were 
dailies; the rest of the newspapers that appeared regularly were 
published between one and three times a week. Most private news 
publications relied on external financing, often from political parties 
and individual politicians. News publications tended to emphasize 
editorial commentary and analysis rather than factual descriptions of 
events; many were highly critical of the Government. There were no 
overtly government-controlled newspapers. However, the editors of at 
least two newspapers, L'Avenir and L'Ouragon, worked respectively at 
the office of the presidency and the Ministry of Justice. Le Forum and 
Le Palmares have close ties to the security services. Of these, only Le 
Palmares appeared daily.
    The newspaper industry is regulated by a press law enacted in 1996. 
Publishers must continue to deposit copies of their publications with 
the Information Ministry. However, there is no longer a formal 
censorship regime. Criminal libel laws exist but were not used against 
journalists, even though, in most cases where journalists were charged 
formally, state authorities charged them with ``endangering the State'' 
through the publication or broadcast of political news, or news of the 
war. Charges often were brought under the June 22, 1996, press law. 
However, the law has not been published by the Government in 5 years, 
and many of the judges, as well as the journalists on trial, are 
unfamiliar with it. Government officials criticized or implicated in 
fraudulent practices by the press at times encouraged police to arrest 
the journalists responsible for such stories.
    On January 12, the police arrested Thierry Kyalumba, publisher of 
the Kinshasa newspaper, Vision, for writing an article describing a 
Ugandan purchase of missiles destined for rebel forces. Security forces 
repeatedly beat him with a belt and buckle while interrogating him 
during his subsequent detention at the Committee of State Security 
prison and the Kokolo military detention facility. On March 30, a 
military tribunal convicted him of divulging state secrets and 
sentenced him to 4 years in prison. He escaped from a prison hospital 
in May, and is believed to have left the country (see Sections 1.c. and 
1.e.).
    On February 3, ANR agents raided the offices of the Kinshasa 
newspaper, Le Potentiel, and arrested five journalists, after the pro-
opposition daily criticized a statement by the President in which he 
encouraged the formation of CPP's. The five, director of publication 
Moise Musanga, assistant editor Vernon-Clement Kongo, and reporters 
Emmanuel Katshunga, Godefroid Ngamisata, and St. Theodore Ngangu, were 
detained for 1 day at the ANR station in the Gombe neighborhood of 
Kinshasa, where they were made to sing pro-Kabila songs and warned not 
to ``annoy the President'' before being released (see Sections 1.d. and 
1.f.).
    On February 5, police in Kinshasa arrested journalist Andre 
Ipakala, of the daily newspaper, Reference Plus, and held him for 3 
days without charge. In what appears to be a pattern of intimidation, 
security forces also arrested Ipakala on January 26 and February 4. The 
latest arrest followed a number of intimidating telephone calls to the 
newspaper. Authorities reportedly claimed that Ipakala's recent 
coverage of President Kabila was ``too tendentious'' (see Section 
1.d.).
    On May 8, police in Kinhasa arrested Stephane Kitutu O'leontwa, 
president of the Congo Press Union, because they had been unable to 
locate the author of an article that appeared in the satirical 
newspaper Pot-Pourri. Kitutu had never written for Pot-Pourri and was 
released 4 days later (see Section 1.d.).
    On May 25, security forces arrested Kidimbu Mpese, managing editor 
of the Kinshasa newspaper, Le Soft, and reporter Awazi Kharomon on 
charges of ``undermining the Government,'' in connection with the 
publication in Le Soft, 6 weeks earlier, ofan article describing 
mismanagement of the central bank. Both journalists were released on 
June 4 (see Section 1.d.).
    On June 3, security agents arrested Kazadi Ntumba Mulongo, editor 
of the Kinshasa newspaper Top Media, who also worked as a reporter for 
a state-owned radio/television station. Security agents accused Ntumba 
of publishing articles too critical of the Government. He reportedly 
was released after about a week's detention. No charges were filed 
against him (see Section 1.d.).
    On June 18, a military tribunal in Katanga province sentenced Bella 
Mako and Ngoy Kikungula, the publisher and editor in chief of a 
Lubumbashi weekly, Le Lushois, to 8 months in prison for ``slander and 
lies,'' in connection with an article published in Le Lushois that 
alleged that the governor of Katanga favored antigovernment insurgents. 
President Kabila granted clemency to the journalists on September 27, 
after an appeal by the NGO, Journalists in Danger (see Section 1.e.).
    On June 23, members of the security forces raided the Kinshasa 
office of Tempete des Tropiques, a daily newspaper, and arrested three 
journalists: managing editor Martin Mukania, editor in chief Dimbuka wa 
Dimbuka; and reporter Boniface Lopaka. The journalists were beaten 
publicly before being loaded into a vehicle and taken away (see 
Sections 1.c. and 1.d.); they were released later the same day.
    On June 28, security agents arrested Clin Beya, a reporter for the 
Kinshasa daily newspaper Le Potentiel, after learning that he intended 
to write a story describing animosity between the President's chief of 
staff and the Minister of Finance. He was released the following day, 
after several other papers published the same story (see Section 1.d.).
    On July 26, security forces in the town of Mbuji Mayi arrested, 
briefly detained, and whipped Jean Marie Kashils of the Agence 
Congolaise de Presse, and Bienvenu Tshiela of Kasai Horizon Radio 
Television. The deputy governor of Eastern Kasai Province, Kalala 
Kaniki, ordered the arrest, claiming that journalists criticized him in 
various reports. In 1998 Kanini ordered the whipping of another 
journalist, Robert Ndaye, for the same reason (see Sections 1.c. and 
1.d.).
    On August 9, following news coverage of a military tribunal 
hearing, security agents again raided the offices of Le Potentiel. 
Unable to find the authors of the article, security agents arrested 
Modeste Mutinga, the publisher. He was released later in the day.
    On August 24, police arrested Achille Kadima Mulamba on the order 
of employees of the public treasury, after Kadima wrote an article 
implicating the Director General of Taxation in fraudulent practices. 
Police held him for 4 days at the Kinshasa/Kitambo police station (see 
Section 1.d.).
    In the predawn hours of September 7, security forces raided the 
offices of the Biaka Press and arrested two writers of Alerte Ndule, a 
periodical dedicated to music. Security officials apparently sought 
writers of the daily newspaper L'Alarme and did not distinguish between 
the names. The security agents, who did not identify themselves, 
arrested Alerte Ndule writers Kala Bokangu and Bosange ``Feu D'or'' 
Ifonge. Agents also arrested the printer Emile Thomas Dodo Lumingu (see 
Section 1.d.). Later the same month, security forces arrested L'Alarme 
journalist Albert Bosange Yema, who reportedly wrote an erroneous 
article on the capture of Lake Mukamba by the rebels (see Section 
1.d.).
    On October 2, DEMIAP officials ordered Perserverance Ndeghey, the 
publisher of the weekly newspaper Avant Guard to report to a DEMIAP 
detention center, where he was arrested on charges of compromising 
state security. Ms. Ndeghey reportedly was arrested by the order of 
military tribunal judge Col. Alamba Mungako, who sought to learn the 
names of the authors of some open letters that were published 
anonymously in Avant Guard. When Avant Guard journalists failed to 
provide this information, he reportedly ordered the editor's arrest 
(see Section 1.d.).
    In November security forces arrested Djojo Kazadi Mpayo, editor of 
the Kinshasa newspaper, Palme d'Or, after that newspaper published a 
story that predicted that natives of the Kivu Provinces (apparently an 
allusion to RCD rebels) would soon take President Kabila to court (see 
Section 2.a). Palme d'Or also had recently published a photograph of 
former president Mobutu.
    Security forces also arrested other print media journalists during 
the year (see Section 1.d.).
    On February 7, 1998, authorities arrested Albert Bonsange Yema of 
L'Alarme along with his two wives and six of his children. His wives 
and children were released within a few days. However, Bonsange was 
transferred to the Makala prison in Kinshasa. A military tribunal 
convicted him of endangering the security of the State by publishing an 
article written by members of the political opposition and sentenced 
him to pay fines worth about $1,433. Upon his release on February 3, 
Bonsange required medical attention as a result of mistreatment while 
in detention. Police continued their harassment of Bonsange following 
his release; he was arrested again in September.
    Government security forces sometimes seized individual issues of 
various newspapers or printing equipment. During the first quarter of 
the year, security forces occasionally seized newspapers from street 
vendors to prevent circulation of articles deemed damaging to the 
Government. Security forces also occupied the offices of the newspaper, 
Elima, and prevented the newspaper from going to press.
    Due to limited literacy and the higher costs of newspapers and 
television, radio remained the most important medium of public 
information. At year's end, 6 radio stations operated in Kinshasa 
alone. In 1997 the Kabila Government lifted the Mobutu regime's ban on 
news programming on private radio; however, two radio stations 
continued to be state-owned and government-controlled. Opposition 
parties were unable to gain access to state-owned radio, and private 
radio was markedly less critical of the Government than private 
newspapers. The Kabila Government has closed down private radio 
stations because they broadcast news unfavorable to the Government or 
commentary critical of the Government. In 1998 the Government shut down 
Radio Amani, a privately owned radio station affiliated with the 
Catholic Church, because it carried British Broadcasting Company (BBC) 
news programming and commentary unfavorable to the Government.
    On October 24, 1998, security forces arrested Joseph Mbakulu Pambu, 
a reporter for a private television station in Matadi, for having 
collaborated with the rebels during their August 1997 drive on 
Kinshasa. A military tribunal tried and acquitted him of endangering 
the security of the State.
    Other methods of silencing the broadcast media have included 
burning down radio stations and expelling journalists from their homes. 
On January 13, a mysterious nighttime fire broke out and destroyed the 
radio and television studios of Message de Vie, in the Kasa Vubu 
district of Kinshasa. The station was owned by a Pentecostal minister 
and opened only recently. Neighbors and observers believe that the 
blaze was set deliberately. On January 26, soldiers expelled national 
radio and television journalist Michael Museme Diawe from his home, 
claiming it had been allocated to a member of the President's staff. 
Diawe was arrested and suspended previously for statements made on the 
air.
    Eight television stations broadcast in the Kinshasa area, two of 
which are state-controlled, and two of which are religious; opposition 
parties remained unable to gain access to state-controlled television.
    During the year, the Government prevented foreign broadcasts 
through domestic transmitters. On July 22, Information Minister Didier 
Mumengi ordered privately owned radio and television stations to cease 
transmitting foreign broadcasts. The order was aimed at Elikya, a 
Catholic radio station that transmits Radio Vatican, and Raga FM, which 
broadcasts the VOA, BBC world service, and Deutsche Welle. However, 
Kinshasa still receives Radio France Internationale, which is 
transmitted from nearby Brazzaville.
    At year's end, there were two domestic Internet service providers. 
Because of technical difficulties and high costs, the Internet is not 
widely used.
    Some antigovernment forces, including the RCD-Goma, reportedly 
restricted freedom of speech and of the press; at year's end, there 
reportedly were no independent media in areas controlled by the RCD-
Goma.
    On July 21, RCD security forces in Bukavu in South Kivu Province 
seized the radio transmitter and other equipment from the private radio 
station radio Maendeleo, effectively taking it off the air.
    On August 25, RCD-Goma soldiers arrested two journalists from Radio 
Maendeleo, senior editor Kizio Mushisi and programmingchief Omba 
Kamengele, as they were leaving a meeting of the Regional Council of 
Nongovernment Development Organizations (CRONGD). Four NGO members also 
were arrested. Mushisi and Kamengele were taken to the offices of the 
RCD-Goma's Agence National de Reseignement. They were released 
September 13, along with the four NGO members.
    Academic freedom increasingly was endangered as professors 
exercised self-censorship or modified their lectures to suit the views 
of their patrons in the Government. Faculty members complained that 
members of the Government took an increasing interest in activities at 
the university. The regime monitored university classrooms through 
student and teacher members of the newly created CPP's (see Section 
2.b.). During the year CPP's were introduced to university campuses in 
Kinshasa and Lubumbashi, employing a cadre of both students and 
faculty. Several lecturers were arrested after CPP members denounced 
them for questioning the Government. In February ANR agents arrested 
professor Tshibangu Kalala in Kinshasa and detained him for 2 weeks 
without charges after CPP members criticized the professor for relating 
to students his impressions of the poor economy and infrastructure of 
Katanga after he returned from a visit to that province. Guards beat 
and tortured him during his incarceration (see Sections 1.c. and 1.d.). 
On July 29, security forces in Lubumbashi arrested professor Kambaj wa 
Kambaji because of the professor's critical analysis of the use of 
ethnic hate radio in Congolese politics (see Section 5). ANR agents 
raided his home and seized student essays dealing with hate radio. 
Security forces in Lubumbashi tortured professor Kambaji in detention 
and denied him access to his doctor and his family. He was flown to 
Kinshasa August 19 and mistreated aboard the aircraft. At year's end, 
Professor Kambaji remained in detention at an ANR facility in Kinshasa 
(see Sections 1.c. and 1.d.).
    b. Freedom of Peaceful Assembly and Association.--There is no legal 
protection for freedom of assembly, and the Government continued to 
restrict this right severely. The Government considers the rights to 
assemble and associate subordinate to the maintenance of ``public 
order.'' The Government requires all organizers to apply for permits, 
which are granted or rejected at the Government's discretion. Public 
activities generally are dispersed by government security services.
    On August 2, the Kabila Government took over the agenda of a peace 
rally planned by Kinshasa-based NGO's that it previously had approved. 
Government military and police personnel, as well as elements of the 
CPP' dispersed themselves among the crowd and refused to let NGO 
officials or opposition politicians speak. The government agents turned 
the event into a Kabila rally, as ministers spoke extolling the virtues 
of the President.
    In August the rapid intervention police dispersed striking civil 
service workers who assembled before the office of the Ministry of 
Finance to protest low pay and nonpayment of salaries. Three union 
leaders were arrested (see Section 6.a.).
    On September 9, a planned demonstration by university students 
during a faculty strike was thwarted by the presence of police and 
military units that surrounded the campus of Kinshasa University. The 
Kabila Government threatened to shut down Kinshasa University and turn 
out its 28,000 students if the unrest continued; however, a Government 
promise to increase faculty salaries ended both the strike and student 
unrest.
    The law provides no protection for freedom of association, and the 
Government severely restricted this right. Upon assuming power in 1997, 
the Kabila Government suspended political party activities, but not 
political parties themselves. In January Kabila issued a decree that 
partially lifted the ban on political party activities. However, the 
decree allows the Interior Minister to ban parties arbitrarily, and 
requires that legally recognized parties have members from all 
provinces, a requirement that could not be satisfied under war 
conditions. Moreover, in practice, the Government continued to ban any 
political activity by opposition groups beyond small administrative 
meetings.
    During the year, President Kabila dissolved the AFDL movement, 
which he led. In its stead Kabila organized CPP's, based on the Libyan 
model developed by Muammar Qadhafi; state-funded CPP's in residential 
neighborhoods, workplaces, and schools not only undertook community 
development projects but also monitored all activity, including forms 
of association that they deemed suspicious or a threat to the State. In 
a July presidential decree legalizing the CPP's, Kabila proclaimed that 
all political activity must pass through the CPP's, which he leads. 
This decree was widely criticized.
    Individuals from opposition parties served in Kabila's Government, 
but in their individual capacities (see Section 3). Political party 
offices by and large remained open, and parties continued internal 
administrative functions. At different times and for different periods, 
the headquarters of various political parties were under surveillance, 
padlocked, or patrolled by soldiers. The Government effectively 
prevented public political gatherings, although opposition party 
leaders remained able to conduct small private meetings. The effects of 
the restrictions on political parties varied widely throughout the 
country, and they were enforced less strictly in some provinces.
    In theory anyone wishing to form a new political party could do so 
by registering with the Minister of Interior. The President's January 
decree required all political parties including existing parties to 
register. However, no political parties were registered during the 
year.
    NGO's are required to register with the Minister of Justice, filing 
copies of internal regulations and descriptions of organizational 
structure. During the year, President Kabila promulgated a decree that 
restricted the activities of NGO's, including religious organizations, 
by establishing requirements for their activities. However, some 
existing organizations were exempt, and the decree was not enforced 
during the year.
    Security forces arrested individuals visiting foreign embassies, as 
well as persons who have contacts with NGO's or citizens living in 
other countries (see Sections 1.d., 1.f., and 4).
    There were credible reports that antigovernment forces seriously 
restricted freedom of assembly and association in the areas that they 
controlled. However, antigovernment forces permitted some humanitarian 
NGO's to work in those areas, and such NGO's reported that their 
working environment improved in some of those areas during the year.
    c. Freedom of Religion.--Freedom of religion is recognized, and the 
Government generally respected this right in practice, with the 
reservation that the expression of this right neither disturb public 
order nor contradict commonly held morals. The establishment and 
operation of religious institutions is provided for and regulated 
through a statutory order on Regulation of Non-profit Associations and 
Public Utility Institutions. Requirements for the establishment of a 
religious organization are simple and the process was not abused; 
exemption from taxation is among the benefits of official recognition 
as a religious organization. During the year President Kabila 
promulgated a decree that restricts the activities of NGO's, including 
religious organizations, by establishing requirements for them; 
however, existing religious organizations were exempt, and the decree 
was not enforced during the year. There is no legally established or 
favored church or religion.
    Although the Government required that foreign religious groups 
obtain the approval of the President, through the Minister of Justice, 
foreign religious groups generally operate without restriction once 
they receive approval from the Government.
    A 1971 law regulating religious organizations grants civil servants 
the power to establish and dissolve religious groups. There have been 
no reports of the Government suspending or dissolving a religious group 
since 1990, when the Government suspended its recognition of Jehovah's 
Witnesses; that suspension subsequently was reversed by a court. 
Although this law restricts the process for official recognition, 
officially recognized religions are free to establish places of worship 
and to train clergy. In practice, religious groups that are not 
recognized also worship freely.
    Many recognized churches have external ties, and foreigners are 
allowed to proselytize. The Government generally did not interfere with 
foreign missionaries. The Government took no action to limit the 
ability of members of Jehovah's Witnesses or any other group to 
practice their faith.
    On April 19, security agents arrested Pastor Job Mukendi as he was 
driving his vehicle in Kinshasa. Security forces took this action after 
Pastor Mukendi criticized the new presidential decree establishing 
requirements for the activities of religious organizations. Pastor 
Mukendi was released the following day.
    In January a radio and television studio owned by a Pentecostal 
pastor burned down under suspicious circumstances. The government's 
July order that private radio stations cease transmitting foreign radio 
broadcasts effectively targeted aCatholic radio station; in 1998 the 
Government shut down a Catholic radio station that transmitted domestic 
broadcasts (see Section 2.a.).
    On September 14, security forces arrested Catherine Nzuzi, 
president of the major faction of the MPR party, after she organized a 
Mass for former president Mobutu on the second anniversary of his 
death. She was detained for 5 hours on charges of violating a decree 
prohibiting political activity (see Section 1.d.).
    In September security forces arrested Reverend Fernando Kuthino 
after his actions sparked street demonstrations by Muslims; he 
converted a Muslim on television, then publicly burned notes the 
convert had taken while studying the Koran. He remained in detention at 
year's end (see Section 5).
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Although the law allows for freedom of 
movement, the Government, and in particular the security forces acting 
independently, continued to restrict this freedom; the Government 
increased its restrictions after the war began. The war also brought 
new restrictions on internal travel even within the government-
controlled and rebel-controlled zones and made movement between the two 
zones difficult and dangerous.
    Even before the war, security forces throughout the country 
established and manned many roadblocks at which they demanded that 
travelers produce documents and bribes. There were many more such 
roadblocks than could be justified by public safety considerations; 
both their numbers and the conduct of the security force members 
manning them indicated that their main function was to extort money and 
goods from travelers to supplement their below-subsistence official 
wages. This made internal travel costlier, more time consuming, and 
more dangerous, since violence including shootings was not uncommon at 
these roadblocks.
    During the war, the Government has required exit visas for all 
foreign travel. No data on the refusal rate for exit visa applications 
was available; there were several known cases in which a political 
leader was denied an exit visa during the year. Security forces 
occasionally hindered foreign travel by citizens, including 
journalists.
    On January 26, airport authorities arrested Andre Ipakala, the 
editor of the Kinshasa-based daily newspaper La Reference Plus. 
Ipakala, who was traveling to attend conferences in Kenya and Ethiopia, 
was charged with attempting to smuggle issues of his own newspaper out 
of the country. He was released the following day after explaining that 
the issues in question were a week old and already had been 
disseminated internationally over the Internet (see Section 1.d.).
    On March 14, airport security agents arrested four members of a 
returning Congolese delegation that had traveled to South Africa to 
discuss the upcoming national dialog. The four were Modeste Mutinga, 
editor of Le Potentiel, Andre Ipakala, editor of La Reference Plus, 
Marie Angue Lukiana, president of the NGO National Women's Union, and a 
representative of an opposition political party (see Section 1.d.).
    On April 16, airport authorities arrested Kinkela vi Kin'si, former 
Minister of Post, Telephone, and Telegraph. The Kabila Government 
claims that Kinkela was attempting to flee the country after being 
ordered to remain at the Ministry to brief his successor. Kinkela 
maintains that he was at the airport to greet an arriving friend (see 
Section 1.d.).
    The Government refused an exit visa in late June to UDPS President 
Etienne Tshisekedi. The opposition leader was traveling to Europe to 
attend a seminar on the crisis in the Congo. The Government claimed 
that his passport was not in order, since it was issued under the last 
regime. Police also surrounded his house to prevent his departure.
    On September 11 and again on September 12, the Kabila Government 
denied the exit visa application of prominent journalist Modeste 
Mutinga Mutuishayi, effectively preventing his travel. Mutinga, the 
owner/editor of the newspaper Le Potentiel, was due to travel to the 
United Kingdom and Canada to attend a series of conferences on good 
governance. Airport and ANR authorities seized his passport, apparently 
in retaliation for Mutinga's recent hosting of a conference that 
questioned Kabila's overt favoritism toward his own Muluba tribe.
    The Kabila Government also refused to permit international travel 
by Christian Badibangi, head of the opposition party Union Socialiste 
Congolaise. Badibangi was seeking medical attention overseas following 
repeated beatings while in detention (see Sections 1.c. and 1.d.).
    The Government lifted Kinshasa's night-time curfew in April, but 
reimposed it in October, although there was no evident immediate 
military threat to the capital. Security forces enforcing the reimposed 
curfew killed two persons (see Section 1.a.). The Government again 
lifted the curfew in December.
    There reportedly was substantial freedom of movement within the 
rebel-controlled territories. However, travel across the war front was 
often inconvenient and sometimes impossible.
    The significant risk of rape, sometimes perpetrated by uniformed 
men, restricts freedom of movement at night for women in many 
neighborhoods. Groups of citizens implemented neighborhood watch 
programs, but women in many parts of Kinshasa and Lubumbashi do not 
leave their homes at night due to fear of attack.
    The law includes provisions to grant refugee status and asylum in 
accordance with the provisions of the 1951 U.N. Convention Relating to 
the Status of Refugees and its 1967 Protocol. The Government continued 
to provide first asylum. Tens of thousands of refugees were accepted 
into the country from the Republic of Congo during the year. Refugees 
from Uganda and Angola also continued to live in the country.
    The Government's cooperation with the U.N. High Commissioner for 
Refugees (UNHCR) and other international agencies fluctuated widely. 
The Ministry of Human Rights and in particular Human Rights Minister 
She Okitundu played an active role in organizing the protection and 
voluntary departure of Tutsis who were not incarcerated before their 
departure from the country. Since the start of the war, the Government 
has stopped its former practice of involuntarily repatriating Hutus to 
Rwanda.
    Antigovernment forces cooperated with NGO's in voluntarily 
repatriating Rwandan Hutus to Rwanda. There was no independent 
confirmation of news reports in May, that antigovernment forces were 
repatriating Rwandan Hutus involuntarily.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    Citizens do not have the right to change their government 
peacefully. Citizens have not been able to change their government 
through free elections since independence in 1960.
    In his May 1997 inaugural address, President Kabila promised a 
constitution and elections by 1999. However, the 1998 outbreak of war 
proved a setback for the democratic process as it effectively ruled out 
holding national elections. The President used the pretext of war to 
suppress the activities of political opposition parties and continued 
to rule by decree. The war also provided a reason for security forces 
to arrest anyone they chose on charges of subversion or being in league 
with the rebellion (see Sections 1.d. and 1.e.).
    The Government did not pursue the ratification of the proposed 
constitution drafted in 1998; after it was disseminated in the press, 
many leaders of political parties, NGO's and religious organizations 
criticized it as insufficiently democratic.
    To address allegations that President Kabila had no intention of 
introducing democracy, the Government called for a national dialog to 
settle questions surrounding the legitimacy of its power. Cease-fire 
accords signed in July at Lusaka between the progovernment and 
antigovernment forces called for an open national dialog among all 
political parties and civil society groups. In October, the Government 
staged a ``national debate,'' whose agenda was controlled by the 
Government; nongovernmental entities, anticipating the more open dialog 
prescribed by the Lusaka Accords, participated very little, and the 
national debate attracted little press coverage. The Government 
subsequently reaffirmed its commitment to participate in a national 
dialog under the control of a neutral facilitator.
    Although the Government did not ban political parties, it continued 
to impose severe restrictions on their activities, and to enforce these 
restrictions with numerous arrests and detentions (see Sections 1.d. 
and 2.b.). In practice the permitted operations of political parties 
continued to be restricted to internal administrative functions. At 
various times government security forces put opposition political 
partymembers under surveillance. Police also raided and padlocked party 
headquarters.
    Hundreds of political activists were arrested for engaging in 
political activity and detained for prolonged periods, although most 
were released on December 10 (see Sections 1.d. and 2.b.).
    The State continued to be highly centralized in many ways. 
Governors generally were appointed by the central government executive, 
but once in the provinces they had considerable autonomy, due in part 
to the poor communications and transportation infrastructure. 
Territorial administrators were also were appointed from Kinshasa. 
Provincial government resources, both financial and logistical, have 
come almost exclusively from Kinshasa since Kabila took control of the 
Government.
    A disproportionate number of Kabila's ministers were from the 
President's home province of Katanga and from his Muluba tribe.
    There are no official restrictions on the participation of women or 
minorities in politics; however, in practice, they are 
underrepresented, and there are few women or Muslims in senior 
positions in the government or in political parties. There were five 
female ministers and vice ministers in the Cabinet at year's end.
    The rebel movements established civil administrations in the areas 
controlled by antigovernment forces, including appointment of 
provincial governors and issuance of visas for foreigners to travel 
into their areas. Rebel authorities reportedly began training police 
forces, but appointed local officials rather than holding local 
elections.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Kabila Government showed increased hostility to effective human 
rights organizations, either domestic or international, operating in 
the country. Local human rights NGO's continued to investigate and 
publish their findings on human rights cases, but these activities took 
place in the context of significant government harassment.
    The main domestic human rights organizations operating in the 
country include Comite Droits de l'Homme Mainenant (CODHOM), a national 
network of human rights organizations; VSV, an active Kinshasa-based 
organization; Groupe Amos, a Christian-inspired group that focuses on 
human rights and democracy issues; Toges Noires, an international 
association of lawyers and judges involved with human rights; and 
Associations de Defense des Droits de l'Homme (ASADHO). In addition, 
numerous groups that are involved with development and with specific 
issues such as voter education and women's rights are active.
    Local human rights activists were subjected to frequent harassment, 
arrest, and detention by security forces (see Section 1.d.). The 
legality of such arrests was often unclear, as was the authority of the 
security forces members effecting the arrests and detentions. In 
December 1998, Donnat N'Kola Shamuyi, an investigator for the human 
rights NGO CDDH, disappeared while working in Tshiapa in Western Kisai 
Province (see Section 1.b.).
    In November VSV issued a report stating that the Government 
responded to only 18 percent of VSV's requests for information during 
the year. During the year, VSV staff received numerous threats from 
government officials. Security agents detained or questioned VSV 
members on at least eight occasions between January and July and forced 
several VSV members into temporary hiding (see Sections 1.c. and 1.d.). 
In June security forces visited VSV offices to invite VSV activist 
Floribert Chebeya to witness the release of a detained government 
minister. When informed that Chebeya was not in the office, soldiers 
arrested two VSV activists, took them to Kokolo military camp, and 
interrogated them about what Chebeya knew about the arrested government 
minister. The minister was not released that day; he apparently only 
had been used as bait to lure Chebeya.
    U.N. Special Rapporteur Roberto Garreton visited the Congo in 
February, August, and September. After reviewing the prevailing human 
rights situation, the U.N. Rapporteur called for the release of 
political prisoners and the end of capital punishment in the Congo. He 
expressed concern at the abuses of government military tribunals, as 
well as at a wide variety of serious abuses in both government-
controlled and RCD-controlled territory.
    During the year there were no further investigations into the 
massacres of Hutus reportedly committed in the country in 1997 by 
Rwandan forces and domestic Tutsi militias during the campaign in which 
they and Kabila's ADFL overthrew the Mobutu government.
    Human rights groups and members of political, religious and other 
nongovernmental organizations in the parts of the country held by 
antigovernment forces frequently were harassed and detained on 
suspicion of helping the Government.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The previous Constitutions forbade discrimination based on 
ethnicity, sex, or religious affiliation, but the Government did not 
enforce these prohibitions effectively and continued to act with 
serious official prejudice against members of the Tutsi ethnic group. 
Societal discrimination remained an obstacle to the advancement of 
certain groups, particularly women, Tutsis, Muslims, and the indigenous 
Pygmy (Batwa) people.
    Women.--Domestic violence against women, including rape, is common, 
but there are no known government or NGO statistics on the extent of 
this violence. The police rarely intervene in domestic disputes. Rape 
is a crime, but the press rarely reported incidents of violence against 
women or children. Press reports of rape generally appear only if rape 
occurs in conjunction with another crime, not because of the act of 
rape itself.
    Women are relegated to a secondary role in society. They constitute 
the majority of primary agricultural laborers and small-scale traders 
and are almost exclusively responsible for child rearing. In the 
nontraditional sector, women commonly receive less pay for comparable 
work. Only rarely do they occupy positions of authority or high 
responsibility. Women also tend to receive less education then men. 
Women are required by law to obtain their spouse's permission before 
engaging in routine legal transactions, such as selling or renting real 
estate, opening a bank account, accepting employment, or applying for a 
passport. A 1987 revision of the Family Code permits a widow to inherit 
her husband's property, to control her own property, and to receive a 
property settlement in the event of divorce. In practice, sometimes 
consistent with customary law, women are denied these rights. Widows 
commonly are stripped of all possessions--as well as their dependent 
children--by the deceased husband's family. Human rights groups and 
church organizations are working to combat this custom, but there is 
generally no government intervention or legal recourse. Women also are 
denied custody of their children in divorce cases, but they retain the 
right to visit them. Polygyny is practiced, although it is illegal. 
Father-child relationships resulting from polygamous unions are 
recognized legally, but only the first wife is recognized legally as a 
spouse.
    Children.--Government spending on children's programs is nearly 
nonexistent. Primary school education is not compulsory, free, or 
universal. In public schools, parents are required formally to pay a 
small fee, but parents often are expected informally to pay teachers' 
salaries. Dire economic circumstances often hamper parents' ability to 
cover these added expenses, meaning that children may not be able to 
attend school. Most schools function only in areas where parents have 
formed cooperatives. The Government's economic policies have resulted 
in massive unemployment, inflation, and a devaluation of the currency, 
putting basic education out of reach of many families. There have been 
reports of economic circumstances forcing children to hunt or fish for 
their family's livelihood, instead of attending school.
    There are no documented cases in which security agents or others 
targeted children for specific abuse, although children suffer from the 
same conditions of generalized social disorder and widespread disregard 
for human rights that affect society as a whole. These conditions 
sometimes render parents unable to meet their children's basic human 
needs.
    Some children as young as 10 years of age have been allowed to 
enlist as soldiers in the FAC. The Government has not taken 
comprehensive measures to remove child soldiers from its armed forces, 
although it has stated its intention of demobilizing child soldiers 
once the war is over. While many child soldierscontinued to serve in 
the armed forces, during the year the Government greatly reduced and 
may have stopped recruiting children into its armed forces. However, 
the Government increasingly encouraged the enlistment of children in 
paramilitary organizations. In March the African Association of Human 
Rights reported that unemployed Katangan youth recruited by the GSSP 
were ``excessively militarized,'' and that provincial authorities in 
Katanga were arming unemployed youth through CCP's.
    Rebel forces, too, reportedly continued to use child soldiers 
already in service, but greatly reduced and may have stopped recruiting 
them during the year. Credible reports have indicated that rebel forces 
have conscripted forcibly boys as young as age 10, but there were no 
reports that this practice continued during the year.
    Female genital mutilation, which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, is not widespread, but it is practiced on young 
girls among isolated groups in the north. The Government has not 
addressed the problem.
    People with Disabilities.--The law does not mandate accessibility 
to buildings or government services for the disabled. There are some 
special schools, many with missionary staff, which use private funds 
and limited public support to provide education and vocational training 
to blind and physically disabled students.
    Indigenous People.--There is a population of fewer than 10,000 
Pygmies (Batwa), who are believed to have been the country's original 
human inhabitants. Societal discrimination against them continued. 
Although citizens, most Pygmies continued to live in remote areas and 
took no part in the political process.
    Religious minorities.--Approximately 50 percent of the population 
are Roman Catholic, 20 percent are Protestant, and 10 are percent 
Islamic. About 20 percent practice traditional indigenous religions 
exclusively.
    However, many persons practice elements of both Christianity or 
Islam and a traditional indigenous religion. Although relations among 
religious groups generally were amicable, accusations of witchcraft in 
a traditionalist rural area and tensions between Christians and Muslims 
reportedly contributed to some violence during the year.
    In January in the Kamituga area of South Kivu Province, Mai Mai 
leader Sylvestre Louetcha reportedly accused of witchcraft 32 women who 
supported their traditional ruler in resisting Mai Mai demands for 
forced labor, then cut off their breasts, forced them to eat their own 
breasts, and killed them. In November, in the Mwenga area of South Kivu 
Province, RCD-Goma rebels tortured and buried alive 15 women who were 
suspected of having performed witchcraft in support of a local Mai Mai 
force, according to some accounts of that incident (see Sections 1.a. 
and 1.c.).
    In September Muslims in Kinshasa staged street demonstrations to 
protest the actions of Protestant Reverend Fernando Kuthino, who 
converted a Muslim on television, then publicly burned notes the 
convert had taken while studying the Koran. Security forces suppressed 
the demonstrations and arrested and detained Reverend Kuthino (see 
Section 2.a.).
    National/Racial/Ethnic Minorities.--The last official census was 
taken in 1984. It is estimated that the population is now 45 to 50 
million, and comprises more than 200 separate ethnic groups. These 
groups generally are concentrated regionally and speak distinct primary 
languages. There is no majority ethnic group; the four largest ethnic 
groups are the Mongo, Luba, Kongo, and Angbetu-Azande, who together 
make up about 45 percent of the population. Four indigenous languages--
Kiswahili, Lingala, Kikongo, and Tshiluba--have official status. French 
is the language of government, commerce, and education.
    Societal discrimination on the basis of ethnicity is widely 
practiced by members of virtually all ethnic groups and is evident in 
private hiring and buying patterns, and in patterns of de facto ethnic 
segregation in some cities; however, intermarriage across major ethnic 
and regional divides is common in large cities.
    Persons from President Kabila's home province, Katanga, and from 
his Mulaba tribe, filled a disproportionate number of positions in his 
Government and in the senior ranks of the civil service, and dominated 
the FAC officer corps. Katangans in the FAC were substantially more 
likely both to be promoted and to be paid than persons from other 
regions; about 80 percent of army promotions announced in June were 
granted to Katangans. Since the start of the war, Tutsis have been 
absent from the Government, which previously included persons from all 
regions and major ethnic groups.
    Birth on national territory reportedly does not necessarily confer 
citizenship. The Government continued to refuse to recognize the 
citizenship claims of longtime residents whose ancestors immigrated to 
the country, including the Banyamulenge Tutsis. According to some 
accounts, resentment of their noncitizen status contributed to the 
participation of many Tutsi residents of the country first in Kabila's 
rebellion against Mobutu and then in the RCD rebellion against Kabila.
    Since the start of the war in August 1998, ethnic Tutsis have been 
subjected to serious abuses, both in the capital and elsewhere, by 
government security forces and by some citizens, for perceived or 
potential disloyalty to the regime (see Section 1.a.). During the year, 
extrajudicial killings of noncombantant Tutsis in government-controlled 
areas largely stopped. However, in Kinshasa and in Katanga Province, 
Tutsis continued to be held in prolonged detention, from which the 
Government was willing to release them only on condition that they 
leave the country (see Sections 1.d. and 2.d.). One Tutsi girl died of 
an illness while in government custody, but it was credibly reported 
that her death was not due to government negligence or abuse. 
Throughout the year, government officials and state media continued to 
publish anti-Tutsi propaganda, and continued to exhort not only state 
security forces but also citizens and in particular CCP members to 
exercise vigilance to uncover Tutsis in hiding and Tutsi infiltrators 
(see Sections 1.c. and 1.f.). Consequently, although most surviving 
Tutsis in government-controlled areas were either in hiding or detained 
or had left the government-controlled part of the country, many non-
Tutsis who physically resembled Tutsis were detained or beaten on 
suspicion of being Tutsi. The Government also materially supported Mai 
Mai and Hutu armed groups, which, according to credible reports, 
repeatedly killed unarmed as well as armed Tutsis in areas militarily 
dominated by antigovernment forces. However, the Government no longer 
incited mob violence against unarmed Tutsis, and there were no reports 
of mass extrajudicial killings of Tutsis by the security forces.
    On January 12, security forces from the 50th brigade broke into the 
Bethany Catholic Center, where a number of Tutsis and Rwandan nationals 
were granted refuge with the consent of the Government. Soldiers forced 
the Tutsis out of the compound and led them to camp Kokolo, a military 
installation, where they suffered mistreatment and deprivation until 
the Government, under international pressure, moved them to a training 
facility. During the raid soldiers of the 50th brigade looted and 
vandalized the Catholic Center, stealing food and money from both the 
Tutsis and the staff.
    On April 30, members of the presidential guard attacked, severely 
beat, and abducted Ralph Biteo because he had the facial features of a 
Tutsi. Biteo was visiting a child in a hospital when agents of the 
presidential guard, under the command of a Major Batembo, stopped him 
at the hospital entrance. Despite Bitco's explanation that he was a 
member of the Batembo tribe from South Kivu, he was beaten severely by 
presidential guardsmen. Biteo told the guardsmen that he was visiting 
the hospital to see the burned child of a cousin, Mirimo Mulongo. 
Members of the presidential guard then arrested Mulongo, who had 
traveled from Goma with a child suffering from burns. Both Biteo and 
Mulongo were taken to the GLM detention facility in the Gombe area of 
Kinshasa. Both were denied visitors and were believed to still be in 
detention at year's end.
    The longstanding violent conflict between the Tutsi and Hutu ethnic 
groups continued inside the country. Congolese Hutu militias continued 
to increase their recruitment from populations of Hutu refugees from 
Rwanda and Burundi in neighboring countries, including the Republic of 
Congo and Zambia. According to credible reports, these recruitments 
occurred with the knowledge and consent of the Government, which 
welcomed the support of these Hutu groups in its fight against the 
Tutsi-dominated RCD and the Tutsi-dominated Rwandan Government.
    Senior government officials and state media continued to represent 
the war as part of a larger supranational conflict between Bantus and 
Nilotics. Similar Nilotic-Bantu rhetoric also appeared in private 
publications and broadcasts in the country.
    State-owned television and radio and progovernment private 
newspapers repeatedly published racist remarks directed not only 
against Tutsis and Nilotics, but also against Europeans, in connection 
with propaganda alleging that countries in Europe and with populations 
largely of European ethnicity supported antigovernment forces in the 
war.
    In December in the Ituri district in Orientale Province, an area 
dominated by Ugandan and Ugandan-supported forces, fighting between 
members of the Lendu and Hema tribes reportedly killed many persons and 
displaced tens of thousands of persons. This fighting, which continued 
and was worsening at year's end, reportedly arose from a dispute about 
land use (see Section 1.a.). Local officials, one of whom was a Hema, 
sold arms to the Hema, reportedly after using administrative authority 
to advance Hema interests at the expense of Lendu interests.
Section 6. Worker Rights
    a. The Right of Association.--Legislation in effect from the Mobutu 
period permits all workers except magistrates and military personnel to 
form and join trade unions.
    Before 1990 the law required all trade unions to affiliate with the 
National Union of Zairian Workers (UNTZA), the sole recognized labor 
confederation, which also formed part of Mobutu's Popular Movement of 
the Revolution (MPR) Party. When political pluralism was permitted in 
April 1990, the UNTZA disaffiliated itself from the MPR and reorganized 
under new leadership chosen through elections deemed fair by outside 
observers. After the ADFL takeover, the union renamed itself the 
National Union of Congolese Workers (UNTC). Although the UNTC remains 
the largest labor federation, almost 100 other independent unions are 
now registered with the Labor Ministry and two other large federations 
are active. Some are affiliated with political parties or associated 
with a single industry or geographic area.
    Government security forces repeatedly arrested and detained labor 
leaders and activists.
    On January 28, ANR agents in Kinshasa briefly detained an employee 
of the cellular telephone company Telecel named Kimene and seven of his 
colleagues, who had formed a bargaining group, the Confederation 
Democratique du Travail (CDT). On February 13, police in Mbuji Mayi in 
Eastern Kasai Province arrested Telecel's Mbuji Mayi manager and two 
employees who were CDT members, and accused all three of ``uncivic'' 
behavior and violating a law forbidding transactions in foreign 
currency. Telecel called all three employees to Kinshasa, then handed 
them over to police, who detained the company manager until February 15 
and the two union members until February 20 (see Section 1.d.).
    During the year, police also arrested and detained a number of 
communications workers who attempted to form unions for the purpose of 
collective bargaining.
    On December 31, 1998, police arrested Toussaint Kilundu Manbongo, 
an employee of the Direction General des Contributions (DGC) branch of 
the Finance Ministry and a member of the union, Solidarity. Three other 
Solidarity union members were arrested the same month: Albano Mopipi on 
January 17; Anderson Yoba Mbeso on January 18; and Laise Banzwa on 
January 29. The three were interrogated by ANR agents and transferred 
to Makala prison (see Section 1.d.). Kilundu and the other three 
Solidarity union members were released in August. The arrests appeared 
to be connected to a strike within the Finance Ministry over wages.
    The law recognizes the right to strike. However, legal strikes 
rarely occur since the law requires prior resort to lengthy mandatory 
arbitration and appeal procedures. Labor unions have not been able to 
defend effectively the rights of workers in the deteriorating economic 
environment. The law prohibits employers or the Government from 
retaliating against strikers, but this prohibition rarely is enforced.
    On August 2, civil servants in Kinshasa staged a strike to protest 
low salaries and months of unpaid wages. University administrators and 
health care workers soon followed them. Whenstriking workers gathered 
before the offices of the Ministry of Finance, rapid intervention 
police arrested three union leaders (see Sections 1.d. and 2.b.). The 
police on August 12 also arrested four organizers of the health care 
workers strike but quickly released them. In October the Government 
claimed that it would meet the demands of the strikers. It did so by 
implementing progressively a comprehensive, higher civil service salary 
scale; however, civil servants were still paid sporadically.
    Unions may affiliate with international bodies. The UNTC 
participates in the organization of African Trade Union unit, and the 
Central Union of Congo is affiliated with the World Confederation of 
Labor.
    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to bargain collectively, and an agreement 
between the UNTC and the employers' association formerly provided for 
wages and prices to be negotiated jointly each year under minimal 
government supervision. This system, which functioned until 1991, broke 
down as a result of the rapid depreciation of the currency. The 
professional unions and the Congolese Business Federation signed a 
cooperative agreement in 1997. While collective bargaining still exists 
in theory, continuing inflation encouraged a return to pay rates 
individually arranged between employers and employees.
    The collapse of the formal economy also has resulted in a decline 
in the influence of unions, a tendency to ignore existing labor 
regulations, and a buyer's market for labor. The Labor Code prohibits 
antiunion discrimination, although this regulation was not enforced 
effectively by the Ministry of Labor. The law also requires employers 
to reinstate workers fired for union activities. In the public sector, 
the Government sets wages by decree; public sector unions act only in 
an informal advisory capacity.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, and the Government it not known to use it, 
apart from forcible conscription of adults and children (see Section 
1.f.). However, there were reports that some Mai Mai guerrillas 
fighting on the side of the Government in the war demanded forced labor 
from persons in rural areas, and tortured and killed persons when a 
local traditional ruler refused to provide such forced labor (see 
Sections 1.a. and 1.c.). The law does not specifically prohibit forced 
and bonded labor by children, and such practices are not known to 
occur, apart from the forcible conscription of children (see Sections 
1.g. and 5).
    Antigovernment forces also forcibly conscripted adults and 
children.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum age for employment is 18 years. 
Employers legally may hire minors between the ages of 14 and 18 with 
the consent of a parent or guardian, but those under age 16 may work a 
maximum of 4 hours per day; those between the ages of 16 and 18 may 
work up to 8 hours. The employment of children of all ages is common in 
the informal sector and in subsistence agriculture, which are the 
dominant portions of the economy. Such employment is often the only way 
a child or family can obtain money for food. Neither the Ministry of 
Labor, which is responsible for enforcement, nor the labor unions make 
an effort to enforce child labor laws. Larger enterprises generally do 
not exploit child labor. The availability of education for children is 
extremely limited in practice (see section 5). The law prohibiting 
forced or compulsory labor does not specifically mention children, but 
there were no reports of such practices, apart from forced conscription 
(see section 6.c.).
    e. Acceptable Conditions of Work.--Most citizens are engaged in 
subsistence agriculture or commerce outside the formal wage sector. The 
minimum wage, last adjusted by government decree in 1990, subsequently 
was rendered irrelevant by rapid inflation. The average wage does not 
provide a decent standard of living for a worker and family. Most 
workers rely on the extended family and informal economic activity to 
survive. The maximum legal workweek (excluding voluntary overtime) is 
48 hours. One 24-hour rest period is required every 7 days.
    The Labor Code specifies health and safety standards. The Ministry 
of Labor officially is charged with enforcing these standards, but it 
does not do so effectively. No provisions in the Labor Code permit 
workers to remove themselves from dangerous work situations without 
penalty.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons, and there were no reports that persons were trafficked in, to, 
or from the country.
                                 ______
                                 

                         REPUBLIC OF CONGO \1\

    The Republic of Congo continued to be ruled by a transitional 
government that came to power by force of arms in October 1997. 
President Denis Sassou-Nguesso wields executive power without 
meaningful legislative or judicial constraints. Forces supporting 
Sassou-Nguesso, a northerner, defeated those of former president Pascal 
Lissouba, a southerner, with the help of Angolan troops in 1997. 
Sassou-Nguesso's principal base of political support lay in the 
sparsely populated northern region of the country and in particular 
among his minority Mbochi ethnic group. Lissouba was elected 
democratically in 1992 after 28 years of one-party rule, including a 
lengthy period (1979-91) during which Sassou-Nguesso served as 
President. Lissouba's administration was characterized by severe 
mismanagement and by recurring clashes among militia forces loyal to 
the country's major political leaders. A civil war began when 
Lissouba's forces surrounded Sassou-Nguesso's home in June 1997, in an 
apparent attempt to eliminate his political-military faction. Civil 
conflict between the Government and armed groups of southerners 
throughout much of the south broke out in August 1998 and continued 
during the year. Fighting and heavy looting led to the destruction of 
many southern towns, including parts of Brazzaville, the capital. An 
estimated 800,000 civilians, mostly from the south--approximately one-
third of the country's total population--were displaced as a result of 
the violence. During the second half of the year, the Government 
reestablished effective control over most of the south through military 
offensives, offers of amnesty, negotiations, and efforts to broaden the 
government's political base. In August President Sassou offered amnesty 
to rebel fighters who renounced violence and turned in their arms. The 
Government signed cease-fire and reconciliation accords with leaders of 
some rebel groups in November and with most other rebel groups in late 
December. Soon after taking power in 1997, President Sassou-Nguesso's 
Government replaced Congo's 1992 constitution with a new Fundamental 
Act. The Fundamental Act establishes a strong and highly centralized 
presidential system of government. The President appoints all members 
of the Government, all senior military officers and all subnational 
government officials, serves as commander in chief of the armed forces, 
and is mandated specifically to direct the general policy of the 
Government and exercise regulatory powers.
---------------------------------------------------------------------------
    \1\ The United States Embassy evacuated its facilities in the 
country during the 1997 civil war and subsequently has operated out of 
the American Embassy in the Democratic Republic of Congo. Throughout 
the year, fighting in both countries impeded efforts to collect 
information.
---------------------------------------------------------------------------
    Legislative authority is vested in the 75-member National 
Transition Council (NTC), a body that was elected at the National 
Reconciliation Forum convoked by the Government in January 1998. 
Although the forum included some representatives of opposition 
political parties and nongovernmental actors, the event was 
orchestrated by the executive and did not constitute a sufficiently 
broad-based forum from which to elect a genuinely representative 
legislature. During the forum, the Government announced its intention 
to create a new Constitution and hold elections within a flexible 3-
year timetable. In August a constitutional committee named by the 
President in late 1998 presented him with a draft constitution that, 
once approved by the Cabinet, is to be submitted to the NTC and then to 
a popular referendum. The President has announced his intention to 
complete the constitutional reform process during the year 2000 and 
then hold elections. The judiciary is overburdened and subject to 
political interference and corruption.
    The security forces include the police, the gendarmerie and the 
armed forces; the functional distinction between these forces is not 
clear. In theory the police should be the first to respond to security 
incidents, with gendarmes and army units intervening later if 
necessary; in practice joint operations are common. Many new recruits 
who have joined the security forces since the 1997 civil war are former 
members of nongovernmental militias. Effectively autonomous 
progovernment ``Cobra'' militia units also continued to operate, 
although the Government asserted increasing control over these units 
during the second half of the year. Units of the Angolan armed forces 
operated inside the country in support of the Government. Rwandan Hutu 
militiamen, formerly in refugee camps in the country, as well as 
citizens of Chad and the Democratic Republic of Congo (DROC), also 
participated in government military operations. Members of the security 
forces committed numerous, serious human rights abuses.
    The economy has suffered serious losses from destruction and 
looting in much of the south during the 1997 civil war and the 1998-99 
conflict, particularly in Brazzaville, where more than one-third of the 
country's population of roughly 2.7 million normally resides. However, 
this violence did not affect significantly the oil industry, which 
operates offshore. Oil exports and external assistance remained the 
country's main sources of foreign exchange. The doubling of world oil 
prices during the year greatly increased government revenues and by 
mid-year enabled the Government to stop the accumulation of salary 
arrears to public sector employees including members of the security 
forces. Although per capita gross domestic product wasestimated at 
about $670 per year, this figure includes substantial oil exports, the 
benefits of which are not widely distributed throughout the population. 
Lack of transparency in government and high levels of defense and 
security spending continued to impede growth. During the first half of 
the year, large salary arrears for state employees including members of 
the security forces continued to contribute to widespread looting and 
other human rights abuses.
    The Government's human rights record was poor, and there continued 
to be numerous serious abuses. Citizens do not have the right to change 
their government peacefully. Security forces, which included many 
undisciplined and poorly controlled former members of nongovernmental 
militias, were responsible for extrajudicial killings, including 
summary executions; disappearances; rapes; beatings and physical abuse 
of detainees and the civilian population; arbitrary arrest and 
detention; and arbitrary searches and widespread looting of private 
homes. Prison conditions remained life threatening. The judiciary was 
overburdened, underfinanced, and subject to corruption and political 
influence. It was unable to ensure fair and expeditious trials. The 
Government infringed on citizens' privacy rights. The Government 
continued to monopolize domestic broadcast media, although private 
newspapers circulated freely and were sometimes critical of the 
authorities. The Government permitted opposition political parties and 
nongovernmental organizations (NGO's), including human rights 
organizations, to function, and there was a relatively open dialog on 
public policy issues. The Government sent mixed signals on political 
participation by opposition figures. While many former cabinet 
ministers and other officials of the Lissouba government returned to 
Brazzaville during the year and were permitted to resume political 
activities, the Government also repeatedly stated that the most senior 
figures--including former President Lissouba and Prime Minister 
Kolelas--would be subject to trial for war crimes. Security forces 
restricted freedom of movement within the country. Violence and 
societal discrimination against women are serious problems, and 
incidents of rape increased during the renewal of civil unrest. Some 
minority indigenous Pygmies face severe exploitation and are inherited 
by Bantu patrons. Societal discrimination on the basis of ethnicity 
remained widespread. Ethnic and regional tensions continued to 
contribute to large-scale organized civil violence. Child labor, 
reportedly including forced labor, persists. Citizens sometimes 
resorted to vigilante justice, killing those presumed to be criminals.
    Rebel militiamen were responsible for serious abuses, including 
summary execution, rape and extortion. Rebel militias severed rail and 
power lines, thereby causing serious food and water shortages in 
southern towns. Militia commanders prevented displaced civilians from 
returning to their homes, prolonging their suffering under conditions 
of inadequate food and medical care.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Security forces 
committed many extrajudicial killings. There were numerous reported 
cases of summary execution of suspected rebels among displaced 
civilians, most of whom were southerners, as they returned from other 
countries to which they had fled or emerged from forests or other 
places of refuge within the country. Young men were singled out for 
beatings or execution, and women were raped routinely. There were 
reports that in May members of the security forces shot and killed men 
a group of who were separated from groups of returning refugees.
    In some cases, security forces summarily executed soldiers or 
members of progovernment militias who were looting (see Section 1.f.).
    The Government often deployed undisciplined troops, including some 
recently recruited from President Sassou-Nguesso's former Cobra 
militia. These government forces were responsible for summary 
executions as well as rape, looting, and other violent acts. Numerous 
incidents were documented by local human rights groups, as well as 
humanitarian organizations such as Medecins sans Frontieres. While some 
improvements in government forces' discipline were noted as the year 
progressed, serious abuses continued. In October the Minister of 
Defense announced that military tribunals would be established to bring 
to justice those responsible for such abuses and the Government 
introduced legislation to that end; however, as of year's end these 
tribunals were not in place.
    Angolan troops allied with the government generally were better 
disciplined, but also committed acts of summary execution, rape, and 
looting.
    There continued to be deaths due to mob violence, as civilians took 
vigilante action against presumed criminals, although police sometimes 
intervened to stop such action.
    Rebel militiamen, particularly the ``Ninjas'' and ``Nsiloulou'' 
based in the southern Pool region, also committed summary executions. 
These militiamen questioned young men among displaced civilians in the 
local dialect to ascertain their ethnicity and, if they were unable to 
answer, killed them as suspected government infiltrators. There were 
credible reports that rebels burned villages suspected of harboring 
infiltrators or whose inhabitants contemplated returning to government-
controlled areas. During rebel advances in the town of Dolisie in 
January and February, opposition ``Cocoye'' militiamen summarily 
executed government officials and military officers in the town, 
although precise numbers are unknown.
    b. Disappearance.--According to credible reports, young men, mostly 
members of southern ethnic groups, who took refuge in the Democratic 
Republic of Congo (DROC) early in the year were separated from their 
families by security forces upon returning to Brazzaville in May and 
subsequently disappeared. While some sources reported that security 
forces shot and killed these men, no firm evidence was developed, and a 
poor counting of the returnees made it difficult to verify what 
happened to them after arrival in Brazzaville. As a result of these 
reports, the U.N. High Commissioner for Refugees (UNHCR) increased 
monitoring of returnees which largely ended further charge of 
disappearance. An association of family members of persons who 
disappeared reported that 74 of those who returned in May remained 
unaccounted for as of year's end. A joint report issued by a local 
human rights group and an international human rights federation in June 
reported that approximately 30 persons who had been detained in late 
1998 by security forces remained unaccounted for; these detainees were 
transferred late in the year to Impfondo, in the Likouala region, and 
subsequently were released.
    Given the incomplete figures on those killed in the 1997 civil war 
and subsequent civil conflict, and the massive displacement of civilian 
populations as a result of the fighting, many disappearances may have 
occurred that have not been reported.
    c. Torture and Other Cruel and Inhuman Treatment or Punishment.--
The Fundamental Act prohibits torture; however, in practice, security 
forces sometimes used beatings to extract confessions or merely to 
punish detainees. Security forces generally operated with impunity in 
committing such acts. Members of the security forces looted citizens' 
homes (see Section 1.f.), and security forces extorted money from 
travelers at checkpoints (see Section 2.d.). Security force officers 
sometimes beat and released civilian looters instead of arresting them.
    There were reports that security forces repeatedly separated males 
from groups of displaced southerners returning to the country or 
emerging from forests where they had hidden, detained them, stripped 
and searched them for scars or other evidence of combat experience, and 
beat and interrogated those whom they suspected of having ties to rebel 
groups. Some persons reportedly died from such beatings.
    Security forces routinely raped internally displaced women. 
Humanitarian NGO's cited more than a thousand cases of rape by security 
force members of such women returning to Brazzaville and believed that 
many more cases went unreported.
    Security forces also were responsible for looting (see Section 
1.f.).
    There were credible reports that rebel militia groups from the Lari 
ethnic group and operating in the Pool region repeatedly raped women, 
looted homes, and killed persons, even among their own ethnic group, 
and that they also tortured suspected infiltrators from other groups.
    Prison conditions remained life threatening, as they have been for 
years, due to overcrowded facilities and scarcity of resources to 
provide food or health care to the inmates. The Brazzaville prison 
(Maison d'Arret), which was vacated by all inmates due to heavy 
fighting in 1997, was repaired and reoccupied during the year. The 
Pointe Noire prison continued to function. Detainees held at police 
stations often were subjected to beatings, overcrowding, extortion, and 
other cruel, inhuman, or degrading treatment. Paul Omoye Kamaro, a 
detainee held without charge for twelve months in the Regional 
Directorate for Territorial Surveillance (DGST) in Pointe Noire, 
contracted pulmonary tuberculosis while in detention and died shortly 
afterbeing transferred to the Pointe Noire military hospital in 
October.
    Human right groups sometimes encountered difficulty in gaining 
access to prisons. However, a local human rights group sometimes was 
able to gain access to Pointe Noire prison through informal channels 
during the year. In November the Government signed an agreement to 
permit the International Committee of the Red Cross (ICRC) complete 
access to all prisoners and detainees, and by year's end the ICRC had 
been permitted to visit several detention centers.
    d. Arbitrary Arrest, Detention, or Exile.--The Fundamental Act 
prohibits arbitrary arrest and detention; however, in practice security 
forces frequently commit such acts. The Code of Penal Procedure, which 
remains in force, requires that a person be apprehended openly and that 
a lawyer be present during initial questioning. The code further 
stipulates that warrants be issued before arrests are made and that 
detainees be brought before a judge within 3 days and either charged or 
released within 4 months. In practice the Government often violates 
these legal provisions. Detainees usually were informed of the charges 
levied against them, and lawyers and family members usually had free 
access to them.
    There were political detainees at year's end. Precise figures are 
unknown, but local human rights groups estimated fewer than 20 
political detainees remaining in Pointe Noire at the end of November. 
In most cases, no formal charges had been brought. The detainees were 
primarily minor officials of the former Lissouba Government. No figures 
were available for political detainees at locations elsewhere in the 
country. In February Nestor Makounzi Wolo, who had been detained since 
November 1998 in connection with his service on the Lissouba-era 
Constitutional Court, was released from detention. In October Bar 
Association President Herve Ambroise Malonga, another former 
Constitutional Court member held since November 1998, was also 
released. Also in October, the Government freed 12 Lissouba-era 
military officers who had been detained since the 1997 civil war, and 
announced that they would be re-integrated into the national armed 
forces.
    The Fundamental Act does not address forced exile, and the 
Government does not practice it formally. Some officials of the 
predecessor government including former president Lissouba and former 
Prime Minister Kolelas remained outside the country, and in practice 
the threat of trial for war crimes in Congo was among the factors 
discouraging their return. However, other officials of the former 
government--including cabinet members--returned during the year.
    e. Denial of Fair Public Trial.--The Fundamental Act mandates the 
President to ensure the independence of the judiciary through the 
Higher Council of Magistrates; however, in practice, the judiciary 
continued to be overburdened, underfinanced, and subject to corruption 
and political influence. Resource problems increased as a result of the 
destruction and looting sustained by judicial facilities during the 
1997 civil war.
    The judicial system consists of local courts, courts of appeal, the 
Supreme Court, and traditional courts. In rural areas, traditional 
courts continued to handle many local disputes, especially property and 
probate cases, and domestic conflicts that could not be resolved within 
the extended family.
    In general defendants are tried in a public court of law presided 
over by a state-appointed magistrate. The defense has access to 
prosecution evidence and testimony and the right to counter it. In 
formal courts defendants are presumed innocent and have the right of 
appeal. However, the legal caseload far exceeded the capacity of the 
judiciary to ensure fair and timely trials. Some cases never reach the 
court system. In October the Government announced plans to establish 
military tribunals to try soldiers for abuses committed during recent 
periods of conflict, and the Government introduced legislation to 
establish these tribunals, however, they were not functioning by year's 
end.
    During the last quarter of the year, a court tried former President 
Lissouba and three other former government officials in absentia on 
charges of having conspired to kill President Sassou in June using four 
Europeans alleged to be mercenaries. In December the court convicted 
all four former officials and sentenced them in absentia to 20 years' 
imprisonment. The Government subsequently expelled the four Europeans, 
who also were tried and convicted in the same process.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home or 
Correspondence.--The Fundamental Act provides for the inviolability of 
the home, and for privacy of letters, correspondence, 
telecommunications, and other forms of communication, except as may be 
provided by law; however, in practice government security forces often 
illegally entered, searched, and looted private homes.
    Members of government security forces continued to loot the 
southwest Brazzaville neighborhoods of Bacongo and Makelekele during 
the first 4 months of the year, and other areas of the south throughout 
the year. Following the return of civilians, first to Bacongo and 
Makelekele in May, and later to areas beyond the Djoue River southwest 
of the city, the Government increased efforts to prevent looting. These 
methods were often brutal and included summary executions and beatings 
of looters (see Sections 1.a. and 1.c.). Looting also was widespread in 
other areas of southern Congo where Government forces clashed with 
rebel militiamen and continued through November. The town of Dolisie, 
in Niari Region, served as a market for looted goods brought by 
government forces from throughout the southern zone of military 
operations.
    The Government was widely believed to monitor private mail and 
telephone communications. An NGO report in June cited two cases in 
which civilians were detained apparently after security forces 
intercepted their mail and found reports of summary executions by the 
security forces or hardship among displaced civilians.
    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--The civil conflict that broke out in mid-1998 
intensified in early 1999 before subsiding during the second half of 
the year. During the year, the conflict pitted forces supporting the 
Government, including Angolan allies, Rwandan Hutu militiamen, and 
irregular fighters of Chadian and DROC nationality, against southern 
rebel groups, including Cocoye militiamen operating in Bouenza, Niari, 
and Lekoumou regions, and Ninja and Nsiloulou militiamen operating 
principally in southern Pool region. Although the Cocoyes were formed 
from a nucleus of former President Lissouba's Presidential Guard and 
the Ninjas originally were founded by former Prime Minister Kolelas, it 
was unclear whether Lissouba and Kolelas continued to exercise any 
meaningful control over rebel military operations. The Ninjas and 
Nsiloulou were based largely in the Lari ethnic group. Members of the 
Nsiloulou widely believed that traditional indigenous religious 
practices made them invisible or bulletproof (see Section 5).
    During January and February, opposition groups denied the 
Government control of a large area of southern Congo extending nearly 
210 miles, from Dolisie to the outskirts of Brazzaville. Combat at 
Dolisie was intense in late January and early February as government 
forces deployed heavy artillery and Angolan aircraft to prevent rebel 
capture of the city, Congo's third largest. Government troops gradually 
drove the rebels east from Dolisie and west from Brazzaville, and then 
north and south from these positions, reducing the zone of rebel 
control. However, as late as May 12 rebel Ninja forces briefly 
penetrated Brazzaville, but subsequently were not able to threaten the 
capital. By the end of November, Government forces had recaptured most 
of the south and pushed remaining rebel concentrations to the vicinity 
of the Gabonese border. The northern region was unaffected by the 
conflict.
    Government forces used artillery and aerial bombardment from 
helicopters in areas populated by civilians during the year. They also 
engaged in widespread looting in all areas where they were present. 
Despite a presidential amnesty offered in August to opposition 
militiamen who renounced violence and turned in their weapons, there 
were reports of summary execution of some militiamen who surrendered 
both before and after the amnesty. Following the amnesty and subsequent 
cease-fire agreements, Government sources reported that some 6,000 
militiamen had surrendered and were being returned to civilian life or 
integrated into the military. Parties to the conflict generally did not 
take prisoners.
    From January through mid-August, opposition forces cut electric 
power to much of Pointe Noire, Congo's second largest city and 
principal port, causing severe hardship for the civilian population. 
Rebel forces also disrupted the economically vital Pointe Noire to 
Brazzaville railroad and sabotaged bridges and railway stations along 
the route. While partial train service was restored from Pointe Noire 
to Nkayi during the year, full operations did not resume by year's end. 
The power and transport cutoffs caused serious water and food shortages 
in southern towns, contributing to widespread hunger, disease, and 
displacement.
    The conflict in southern Congo displaced approximately 800,000 
civilians, according to U.N. estimates, or nearly one-third of Congo's 
population of 2.7 million. Tens of thousands of personsfled into 
neighboring countries, chiefly Gabon and the DROC. The health and 
nutritional conditions under which the displaced lived were life 
threatening. Among the more than 200,000 displaced persons who returned 
to Brazzaville in the late spring and summer, humanitarian agencies 
noted a 40 percent malnutrition rate among children under 5 years of 
age and a high incidence of adult malnutrition. Insecure conditions 
precluded humanitarian access to most of those displaced to rural areas 
and, for much of the year, rebel forces prevented civilians from 
returning to government-controlled areas where they could receive 
assistance. Although the Government appealed for the return of 
civilians to areas under its control, in practice government forces' 
continued extortion, rape, and summary execution of returnees 
undermined this message until late in the year, after cease-fire and 
reconciliation accords were concluded.
    In November the Government and leaders of some rebel groups signed 
an accord calling for a cessation of hostilities and disarmament of 
militias. In late December, representatives of the Government and most 
other rebel groups also signed cease-fire agreements.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Fundamental Act provides for 
freedom of speech and of the press, and in practice the Government 
generally respected this right, although it continued to monopolize 
broadcast media. The 1996 Press Law, which sharply increased criminal 
penalties for libel, remained in effect.
    There is no state-owned newspaper. Approximately 10 private 
newspapers appear weekly in Brazzaville. Some of these newspapers take 
editorial positions critical of the Government and print articles 
unflattering to the authorities. Newspapers on occasion published open 
letters written by opponents of the Government who are in detention or 
living abroad. Print media do not circulate widely beyond a small elite 
in Brazzaville and Pointe Noire.
    Most citizens obtained their news from the broadcast media, which 
remained effectively a government monopoly. Government-owned Radio 
Congo broadcast approximately 18 hours a day; Government-owned 
Television Congo broadcast for fewer hours. However, Radio France 
Internationale was rebroadcast on a local FM station, and radio and 
television broadcasts from neighboring Kinshasa, in the DROC, could be 
received in Brazzaville. The independent Radio Liberte, established by 
President Sassou-Nguesso's forces during the civil war, continued to 
broadcast. A new Government station, Radio Brazzaville, was established 
at mid-year to serve listeners in the capital.
    Local rebroadcast of Gabon-based Africa Number One was suspended 
from February through July after the Government accused the station of 
promulgating rebel views.
    The news coverage and the editorial lines of the state-owned media 
reflected government priorities and views. Government broadcast media 
focused its attention on the activities of the government officials and 
their supporters; there was no meaningful airing of alternative 
political views.
    No Internet service providers were based in the country, but 
connections through providers in the neighboring DROC were available.
    There were no known abridgements of academic freedom. The Marien 
Ngouabi University, which was disrupted by civil unrest in fall 1998, 
resumed classes in fall 1999.
    b. Freedom of Peaceful Assembly and Association.--The Fundamental 
Act provides for freedom of assembly, and the Government generally 
respected this right in practice. Political parties and civic 
associations held numerous meetings during the year. Public 
demonstrations were less common and there were no known public 
protests. Groups that wished to hold public assemblies were required to 
inform the Ministry of Interior, which could withhold authorization for 
meetings that threatened public order; however, there were no known 
instances in which the authorities withheld permission for request to 
meet.
    The Fundamental Act provides for freedom of association, and the 
Government largely respected this right in practice. The act permits 
associations, political parties and other groups to form freely, 
provided that they respect principles of Congolese sovereignty, 
territorial integrity, national unity, and democracy. No political 
parties were banned or suspended. The parties of some prominent leaders 
of the former government continued to operate, but under the leadership 
of political figures willing to cooperate with the Government.
    c. Freedom of Religion.--The Fundamental Act provides for freedom 
of religion and the Government respected this right in practice. There 
is no official state religion. About half the population is Christian; 
most of the rest practices either traditional indigenous religions or 
no religion.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Fundamental Act provides for freedom 
of movement; however, the Government restricted this right in practice. 
Military checkpoints sometimes interfered with the movement of 
civilians. Members of the security forces manning these checkpoints 
commonly extorted bribes from travelers. The number of checkpoints 
increased late at night and in areas of insecurity. Government forces 
operating southwest of Brazzaville routinely stopped vehicles carrying 
displaced persons returning to the capital, and often extorted money, 
brutalized or killed young men, and raped women.
    For much of the year, rebel ``Ninja'' and ``Nsiloulou'' militiamen 
prevented the return to Brazzaville of civilians who had fled the 
capital in December 1998. Rebels denied the displaced persons access to 
information about conditions in Brazzaville and punished families or 
villages of those who sought to return. Throughout the year, insecurity 
and rebel sabotage of the railway prevented train service between 
Brazzaville and Pointe Noire.
    The Fundamental Act provides for the right of asylum. The 
Government reiterated its commitment to respect applicable 
international refugee law, but it permitted Hutu militiamen from 
refugee camps to join in military operations with government forces. 
The country was host to a small number of Burundians and approximately 
7,000 Rwandan, largely members of the Hutu ethnic group, who fled camps 
in eastern Zaire (now the DROC) in 1996 and arrived in Congo in May and 
June 1997. The Government, in collaboration with the office of UNHCR, 
has announced plans to integrate these refugees in regions of north-
central Congo.
    A total of approximately 45,000 Congolese fled to the Bas-Congo 
Province of the DROC in late 1998 and early 1999. Beginning in May, the 
Congolese and DROC governments agreed to repatriation, with UNHCR 
facilitation, of those refugees who wished to return to Brazzaville. By 
year's end, approximately 40,000 had been repatriated.
    As a result of military operations in northwest Niari and Lekoumou 
regions in July, approximately 15,000 Congolese fled to Gabon. None 
were repatriated as of the end of November.
    Approximately 6,000 Angolan refugees fled the Angolan province of 
Cabinda in 1992 and continue to receive UNHCR assistance in camps near 
Pointe Noire.
    The Government granted first asylum to refugees from other 
countries. Fighting in the neighboring DROC's Equateur province in July 
prompted the flow of approximately 15,000 refugees and combatants 
(including both DROC troops and Rwandan Hutu militiamen) to the 
northern Likouala region. The combatants among the new arrivals were 
repatriated to Kinshasa.
    There were no reports of the forced return of persons to countries 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the right to change their government 
peacefully. The current Government came to power by force of arms in 
1997 with the help of the armed forces of Angola. During the National 
Reconciliation Forum that it convened in January 1998, the Government 
announced its intention to create a new constitution and hold elections 
within 3 years. A constitutional committee appointed by the President 
presented him with a draft Constitution in August. Once approved by the 
cabinet, this draft must be passed by the NTC, then adopted by popular 
referendum. In October, President Sassou publicly reaffirmed his 
intention to complete the constitutional reform process during 2000 and 
then to hold elections.
    The executive branch dominates the current system of government. 
Under the Fundamental Act, the President is mandated to direct the 
general policy of the Government and to exercise regulatory powers. He 
appoints all significant military, executive, and judicial officials. 
The President convenes the interim national legislature, called the 
NTC. The CNT was elected at the 1998 National Reconciliation Forum. 
Although the forum included some representatives of opposition 
political parties and nongovernmental actors, the event was 
orchestrated by the executive and did not constitute a sufficiently 
broad-based forum from which to elect a genuinely representative 
legislature. Although the NTC debates issues freely and summons cabinet 
ministers to answer questions about their portfolios, it wasdominated 
by supporters of the President and did not serve as a meaningful check 
on executive authority.
    Major political parties included the ruling Congolese Workers' 
Party, the Panafrican Union for Social Democracy, the Congolese 
Movement for Democracy and Integrated Development, the Union for 
Democracy and the Republic, the Rally for Democracy and Social 
Progress, and many others. In some cases, party leaders remained in 
exile while other party officials willing to cooperate with the 
Government remained in the country. In the absence of electoral 
politics or a constitutional framework for such politics, party leaders 
held meetings and party congresses, commented to the media on the 
current political environment, and raised questions in the NTC. The NTC 
included representatives of a range of political parties but was 
dominated by allies of the Government.
    The State is highly centralized. Since the 1997 civil war, key 
regional and local leaders have been appointed by the central 
Government. Subnational government entities lack an independent revenue 
base and do not represent a significant check on central authority.
    The Government has announced repeatedly its intention to bring to 
trial members of the former government on charges of war crimes, 
genocide, or other criminal acts, and in December a court convicted 
former president Lissouba of plotting to kill President Sassou (see 
Section 1.e.). In 1998 the NTC passed a law on genocide, war crimes, 
and crimes against humanity that permits the exclusion from public 
office of those found guilty of such crimes. This law could be used to 
exclude opponents from the political process, and the mere threat of 
charges under this law may dissuade political figures who are in exile 
from returning to the country, including former president Lissouba and 
former prime minister Kolelas. Nonetheless, many senior officials of 
the former government--including a number of cabinet ministers--
returned to Congo during the year and resumed political activities 
without incident.
    There are no legal restrictions on representation by women or 
minority populations; however, women were underrepresented in 
government and politics. Two of 25 cabinet ministers were female, and 
women held 2 of 7 leadership positions in the NTC. Pygmies continued to 
be effectively excluded from the political process. The cabinet 
included members of many ethnic groups throughout the country. Although 
many key posts were held by northerners, including members of the 
President's Mbochi ethnic group, there was no consistent pattern of 
clear overrepresentation of any ethnic or regional group.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several domestic human rights organizations operated with minimal 
government restriction and investigated and published their findings on 
human rights problems. While some human rights leaders maintained that 
they sometimes were subjected to subtle forms of intimidation, they 
continued to publish reports that were highly critical of the 
Government with no apparent reprisal. On one occasion, a local human 
rights group reported that security forces confiscated copies of an 
Amnesty International report; however, the report later was circulated.
    The International Committee of the Red Cross (ICRC) maintained an 
office in Brazzaville and, among other activities, continued its 
program of human rights training for units of the armed forces.
    Responding to some of the issues raised by non-governmental human 
rights groups, in July the Government published a ``Report on Violence 
Committed in Congo Since the End of the Civil War,'' which emphasized 
abuses by the opposition.
    While insecurity in much of the south early in the year prevented 
U.N. and other humanitarian agencies from assessing conditions in these 
areas, by year's end they enjoyed improved access to Dolisie, Nkayi, 
Kinkala, and among other towns in the south.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Fundamental Act specifically prohibits such discrimination; 
however, societal discrimination persisted in practice, particularly 
against women and Pygmies. Ethnic and regional differences, especially 
between northern and southern ethnic groups contributed to large-scale 
organized civil violence during the year. Members of northern ethnic 
groups generally supported the Government, while nongovernmental armed 
rebel forces generally drew their support from southern ethnic groups.
    Women.--Domestic violence against women, including rape and 
beatings, is widespread but reported rarely. Domestic violence is 
handledwithin the extended family and only in the most extreme 
incidents is it brought to the police. There are no provisions under 
the law for spousal battery. Widespread rape during the recent civil 
conflict raised public awareness of violence against women. 
Nongovernmental organizations, such as the International Rescue 
Committee, continued to draw attention to the issue and provided some 
counseling and assistance to victims.
    The Fundamental Act provides for the equality of all citizens, 
prohibits discrimination based on sex, and stipulates that women have 
the right to equal pay for equal work. In practice women are 
underrepresented in the formal sector. Most women work in the informal 
sector and thus have little or no access to employment benefits. Women 
in rural areas are especially disadvantaged in terms of education and 
wage employment and are confined largely to family farm, petty 
commerce, and childrearing responsibilities. School attendance by women 
declines precipitously at the high school level and, especially, at the 
university level. In 1997 the literacy rate was 77 percent for the 
total adult population and 70 percent for women.
    Marriage and family laws overtly discriminate against women. For 
example, adultery is illegal for women but not for men. Polygyny is 
legal; polyandry is not. While the Legal Code provides that 30 percent 
of the husband's estate goes to the wife, in practice the wife often 
loses all rights of inheritance. The symbolic nature of the dowry set 
in the Family Code often is not respected, and men are forced to pay 
excessive amounts to the woman's family. As a result, the right to 
divorce is circumscribed for some women because they lack the financial 
means to reimburse the brideprice to the husband and his family. This 
problem is more prevalent in rural areas than in urban centers.
    There are a number of nongovernmental organizations that work on 
women's problems. However, their effectiveness varies widely. The 
Ministry of Public Service, Administrative Reform, and the Promotion of 
Women is responsible for coordinating government initiatives regarding 
the status of women.
    Children.--The Fundamental Act affords children equal protection 
under law. Child labor is illegal and education is compulsory until the 
age of 16; however, in practice, these laws generally are not enforced, 
particularly in rural areas. There are indigent street children in 
Brazzaville, and their numbers appear to be growing as a result of 
civil conflict since 1997.
    People With Disabilities.--The Fundamental Act prohibits 
discrimination based on physical condition. In practice, this 
prohibition generally was not enforced, because the ministry charged 
with implementation faced severe financial constraints. There was no 
overt discrimination against the disabled in employment and education. 
There were no laws mandating access for the disabled.
    Indigenous People.--The Fundamental Act prohibits discrimination 
based on ethnicity. In practice the indigenous Pygmy people, who number 
in the tens of thousands and live primarily in the northern forest 
regions, do not enjoy equal treatment in the predominantly Bantu 
society. Pygmies were marginalized severely in the areas of employment, 
health, and education. They usually are considered social inferiors and 
have no political voice. Many have never heard of the concept of voting 
and have minimal ability to affect government decisions affecting their 
interests. Many Pygmies have a Bantu patron to whom they are obligated 
in perpetuity. These Pygmies are inherited by their patron's eldest 
son, an arrangement rooted in the ancestral tradition of Pygmy slavery. 
Many Pygmies, possibly including children, have been exploited by 
Bantus. The extent to which these practices continued during the year 
is not known.
    National/Racial/Ethnic Minorities.--The Fundamental Act prohibits 
discrimination based on ethnicity; in practice, however, the Government 
did not enforce this prohibition effectively, and there were credible 
reports that the Government and its security forces discriminated 
against members of southern ethnic groups, and often used violence 
against them.
    Four major ethnic groups make up about 95 percent of the country's 
population; these groups speak distinct primary languages, and are 
concentrated regionally outside of urban areas. The largest ethnic 
group is the Kongo, who constitute the main ethnic group in the 
southern part of the country and about half the country's population. 
Within the Kongo group are various subgroups, including the Lari and 
the Vili. Other major ethnic groups include the Teke of the central 
region, with about13 percent of the population, and the Mbochi of the 
northern region, with about 12 percent of the population.
    Societal ethnic discrimination is widely practiced among virtually 
all ethnic groups, and is evident in private sector hiring and buying 
patterns and de facto segregation of urban neighborhoods. The greatest 
interethnic tension is between the Kongo and other ethnic groups of the 
more prosperous and commercial south, near the Atlantic coast, and the 
ethnic groups of the less developed and more sparsely populated 
northern region, which lies deep in the interior, at the heart of 
Africa's equatorial rain forest. Because southerners are more numerous 
and tend to have more commercial opportunities than northerners, both 
political and economic liberalization are widely perceived as likely to 
advance southern interests and jeopardize northern interests. There are 
also longstanding tensions among some northern ethnic groups, in 
particular between the Mbochi and Kouyou groups; however, these 
tensions, unlike north-south tensions, have not contributed materially 
to large-scale civil violence in recent years.
    Ethnic overtones were apparent in the 1997 civil war fought in 
Brazzaville and other areas and 1998-99 conflict in the southern part 
of the country since 1997. These conflicts sometimes have been 
oversimplified as pitting northerners, who support President Sassou, 
against southerners, who support former president Lissouba and former 
prime minister Kolelas. There does tend to be heavy representation from 
each leader's ethnic group in his immediate entourage: Mbochi for 
Sassou, Lari for Kolelas, and the groups of the Niari, Bouenza, and 
Lekoumou regions for Lissouba. However, the correspondence between 
ethnic-regional and political cleavages is only approximate, and 
supporters of the current and recent governments have included persons 
from a broad range of ethnic and regional backgrounds. During the year, 
Sassou took steps to broaden his predominantly northern political base 
to include his wife's Vili ethnic group, which is concentrated in the 
coastal region of the south.
Section 6. Worker Rights
    a. The Right of Association.--The Fundamental Act provides workers 
with the right to form unions, and the Government respects this right 
in practice. Any worker is free to join a union of his choice. The 
Labor Code affirms the right to associate freely and prohibits 
restrictions on the formation of trade unions. Most workers in the 
formal (wage) sector are union members, and unions have made efforts to 
organize informal sectors such as agriculture and retail trade.
    The Fundamental Act also affirms workers' right to strike, subject 
to conditions established by Law. Unions are free to strike after 
filing a letter of intent with the Ministry of Labor, thereby starting 
a process of nonbinding arbitration under the auspices of a regional 
labor inspector from the Labor Ministry. The letter of intent must 
include the strike date, at which time the strike legally may begin, 
even if arbitration is not complete. Employers have the right to fire 
workers if they do not give advance notice of a strike. On several 
occasions during the year, groups of public servants protested delays 
in salary payment. In some cases, the relevant ministries offered 
partial payment to assuage these workers and persuade them to return to 
their jobs.
    Unions are free to affiliate with international trade unions and 
they maintain cooperative accords with foreign trade union 
organizations.
    b. The Right to Organize and Bargain Collectively.--The Labor Code 
allows for collective bargaining, which is practiced freely. The 
Government sets industry-specific minimum wage scales, but unions 
usually are able to negotiate higher wages for their members. Employers 
are prohibited from discriminating against employees who join a union. 
There were no reported firings for union activities.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including that performed by children, but 
such practices occur. There have been credible reports that some 
Pygmies, possibly including children, have been exploited by Bantus, 
who inherit Pygmies and to whom Pygmies are obligated in perpetuity 
(see Section 5).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Ministry of Labor, which is responsible for enforcing 
child labor laws, concentrates its efforts only on the formal wage 
sector. Child labor is illegal, and education is compulsory until the 
age of 16. However, child labor persists. Children continue to work in 
rural areas and in the informal sector in cities without government 
supervision or monitoring. The law prohibits forced labor by children; 
however, there have been allegations of exploitation of Pygmy children 
(see Sections 5 and 6.c.).
    e. Acceptable Conditions of Work.--The Fundamental Law provides 
that each citizen has the right to remuneration according to his work 
and merit. The Labor Code stipulates that overtime must be paid for all 
work in excess of 40 hours per week, and that regular days of leisure 
must be granted by employers. The minimum wage is $83 (50,00 CFA 
francs) per month. It is not sufficient to provide a worker and family 
with a decent standard of living. High urban prices and dependent 
extended families oblige many workers to seek opportunities beyond 
their principal employment.
    Although health and safety regulations call for twice-yearly visits 
by inspectors from the Ministry of Labor, in practice such visits occur 
less regularly. While unions generally are vigilant in calling 
attention to dangerous working conditions, the observance of safety 
standards is often lax. Workers have no specific right to remove 
themselves from dangerous working conditions without risking loss of 
employment.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons; however, there were no reports that persons were trafficked 
in, to, or from the country.
                                 ______
                                 

                             COTE D'IVOIRE

    Cote d'Ivoire is in transition following a bloodless military coup 
in December. Retired General Robert Guei took over the Government after 
a mutiny that began on December 23, evolved into a major military 
revolt on December 24, and culminated in the dismissal and forced 
departure of President Henri Konan Bedie. General Guei, who was Chief 
of Staff under Presidents Felix Houphouet-Boigny and Bedie, declared 
himself the new President, suspended the Constitution, dissolved the 
National Assembly and formed the National Committee for Public 
Salvation (CNSP), which consists of himself and eight military officers 
(including two soldiers who participated in the coup). Guei pledged to 
rewrite the Constitution, clean up government corruption, and hold fair 
and transparent elections in the year 2000. All of the country's 
political parties, including the former ruling Democratic Party of Cote 
d'Ivoire (PDCI) pledged to support Guei's transition government. Prior 
to the coup, Cote d'Ivoire was a centralized republic dominated by a 
strong presidency.
    Members of a single political party, the PDCI, had occupied both 
the presidency and a majority of seats in the national legislature 
since independence in 1960, although other parties have been legal 
since 1990. Upon the death in 1993 of Houphouet-Boigny, who had been 
President since independence, National Assembly President Bedie became 
President by constitutional succession and served out the remainder of 
Houphouet's term. Due to concerns about 1994 changes to the candidacy 
requirements of the electoral code that excluded a leading opposition 
rival to Bedie, and about irregularities in voter registration, the 
major opposition parties staged an ``active boycott'' of the 1995 
presidential election, both declining to participate and trying to 
interfere with the voting process; however, in 1995 President Bedie won 
96 percent of the vote. The opposition parties and Bedie then reached 
an accord that allowed for full party participation in legislative 
elections later in 1995. These elections were marred by irregularities 
in voter registration; they were suspended in 3 of the 175 districts 
due to interethnic violence, and results in another 3 districts were 
invalidated, but make-up elections in 1996 were orderly and 
transparent. The PDCI continued to control more than the 80 percent of 
National Assembly votes needed to amend the Constitution. In June 1998, 
the National Assembly enacted amendments to the Constitution that 
further increased the already preponderant power of the presidency and 
were criticized widely. However, in December 1998, after negotiations 
with a major opposition party, the President signed an agreement 
obliging him to rescind some of these powers in a second round of 
constitutional amendments. In October these amendments were debated in 
the National Assembly, which eventually passed several pieces of 
legislation including the formation of an independent body to monitor 
elections. However, the Assembly did not do anything to curb 
presidential powers. The judiciary is subject to executive branch and 
other outside influence.
    Following the coup d'etat, the structure of the security forces did 
not change. Security forces include the army, navy, and air force, all 
under the Ministry of Defense; the Republican Guard, a well-funded 
presidential security force; the national police (Surete); and the 
Gendarmerie, a branch of the armed forces with responsibility for 
general law enforcement, maintenance of public order, and internal 
security, including suppression of violent crime. The National Security 
Council, which was formed in 1996 coordinates security policy, both 
internal and external. The civilian Directorate of General Intelligence 
(DRG) is responsible for countering internal threats. A Security Staff 
(L'Etat Major de la Securite) collects and distributes information 
about crime and coordinates the activities of the security forces in 
times of crisis. The Special Anticrime Police Brigade (SAVAC) continued 
its operations. Before the December coup, the armed forces accepted the 
primacy of civilian authority. Seven of the 18 members of the military 
forces accused of plotting a coup in 1995 were dismissed from the 
military forces, then released from detention in 1996. Four other 
officers who had been suspended were reinstated in April 1998. Security 
forces, including the SAVAC, committed numerous human rights abuses.
    The economy is largely market-based and heavily dependent on the 
commercial agricultural sector. Most of the rural population remains 
dependent on smallholder cash crop production. Principal exports are 
cocoa, coffee, and wood. Fewer than half of adults (52 percent of men 
and 30 percent of women) are literate. Recorded Gross National Product 
per capita in 1998 was about $700. Economic growth has resumed since a 
large currency devaluation in 1994,although income remains unevenly 
distributed. The Government increased funding for the always large 
share of its operating expenditures devoted to basic health services 
and education. However, economic growth continued to be impeded by 
widespread corruption rooted in a lack of transparent and accountable 
governance. The Government received only limited assistance from 
international financial institutions during the year, and the European 
Union stopped its assistance programs due to government corruption.
    The Bedie Government's human rights record was poor, and there were 
serious problems in a number of areas. The Government limited citizens' 
right to change their government. Members of the security forces 
committed extrajudicial killings, and the security forces beat and 
abused detainees and used force to disperse protesters. Prison 
conditions remained harsh and life-threatening. The Government also 
used arbitrary arrest and detention, and prolonged detention remained a 
problem. Journalists and students, in particular, were detained without 
trial for long periods. The Government often failed to bring 
perpetrators of these abuses to justice. The judiciary did not ensure 
due process and was subject to executive branch influence, particularly 
in political cases. Security forces infringed on citizens' privacy 
rights. The Government restricted freedom of speech, the press, 
assembly, and movement. Despite some formal restrictions on freedom of 
association, the Government generally permitted it in practice. Between 
30 and 40 percent of the country's adult population, including many 
lifelong residents of the country, remained politically disenfranchised 
noncitizens. Discrimination and violence against women, abuse of 
children, and female genital mutilation (FGM) remained problems 
(although FGM was made a crime in 1998). Prior to the coup, the 
minority Baoule ethnic group's longstanding domination of the ruling 
party and the State exacerbated sometimes violent ethnic tensions. 
Societal discrimination based on ethnicity remained a problem, as did 
child labor, forced child labor, and trafficking in children.
    The CNSP's seizure of power led to a number of abuses. Citizens do 
not have the ability to change their government. CNSP forces and others 
were responsible for numerous robberies, carjackings, widespread 
looting, and acts of intimidation. The CNSP arrested 150 government 
ministers and military officers; however, it released all but 40 of 
them by year's end. The new Government ordered the Superior Islamic 
Council, a pro-Bedie religious organization, to disband and seized the 
computers of the pro-PDCI nongovernmental organization (NGO), Servir.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
confirmed reports of politically motivated killings by government 
forces. As violent crime remained widespread, the security forces 
frequently resorted to lethal force and committed numerous 
extrajudicial killings. Credible media reports indicated that the 
Special Anticrime Police Brigade continued its shoot-to-kill policy 
when pursuing criminal suspects. According to the Ministry of Security, 
64 persons were killed by the security forces during 1998. Statistics 
have not yet been published for the year; however, the number of 
persons killed by security forces was expected to be higher.
    During the year, confrontations between the police and 
demonstrators resulted in at least 4 deaths and at least 15 serious 
injuries (see Sections 1.c. and 2.b.). Sixteen-year-old high school 
student Silue Lassina died on April 28, 2 days after a tear-gas 
canister thrown by police to disperse a protest in Yopougon broke his 
skull. Lassina had not been involved in the demonstration. No arrests 
were made.
    On August 25, police broke up another Yopougon demonstration, 
killing Guy Mathias Koffi and seriously injuring three other persons. 
Minister of Security Marcel Dibonan Kone promised to investigate 
Koffi's death, but no charges were filed.
    On November 8, police personnel killed Basouleymane Ouattarra by 
striking him on the head with a club during a demonstration protesting 
the arrest of several leaders ofthe opposition Republican Rally (RDR) 
party. The police officer was not arrested.
    Following a September 16 demonstration by the opposition Republican 
Rally (RDR) in Adjame, 28-year-old Malian businessman Harouna Kanoute 
was dragged forcibly from a telephone booth and beaten to death by 
police in Adjame. In spite of numerous eyewitness accounts, the 
Minister of Security denied that the police were responsible for 
Kanoute's death.
    Harsh prison conditions contributed to the death of a large number 
of prisoners (see Section 1.c.).
    The transition government detained a number of police personnel who 
are believed to be responsible for deaths and injuries during the 
demonstrations that occurred between April and October.
    The 15 trainee gendarmes who arrested Camara Yaya and several 
others in December 1998 for cocaine possession, and are accused of 
beating Camara to death, were arrested early in the year; however, they 
were not tried by year's end.
    Police have made no arrests in the December 1998 death in police 
custody of Jean Claude Lama, a 16-year-old street child. The 
authorities continue to characterize the death as a suicide.
    In July Police Sergeant Gohoun Gnapia was tried, convicted, and 
sentenced to 6 months' imprisonment, and fined $185 (100,000 CFA 
francs) for having shot and killed Riot Police Brigade (BAE) officer 
Coulibaly Yacouba, whom Gnapia had mistaken for a thief in October 
1998. The court also ordered Gnapia and the Government to pay the 
family $65,000 (35 million CFA francs) in damages.
    Other military personnel, SAVAC, and police personnel were also 
prosecuted for killings or beatings regarded by the government and 
citizens as blunders. On October 22, the Abidjan Military Court 
sentenced Sergeant Lambert Tia Kone to 6 months' imprisonment and fined 
him $185 (100,000 CFA francs) for killing taxi driver, Mamadou 
Diomande, at a checkpoint in 1997. In August 1998 three members of the 
Republican Guard, Jacques Agoua Aicho, Daniel Abriki Djoman, and 
Raymond Ayama Djoman, were given suspended sentences of 6 months in 
prison and fined a mere $148 (80,000 CFA francs) each for having beaten 
to death Hubert Dale in Yamoussoukro in August 1997.
    There were no developments in the case of six ``active boycott'' 
detainees who died in prison in 1996. They had been held since the 
``active boycott'' of the 1995 presidential election.
    Since Abdoulaye Bakayoko, the owner of the opposition newspaper, Le 
Liberal, received death threats prior to a September 21 car-jacking in 
which he was killed, some human rights activists and politicians 
speculated that Bakayoko was the victim of a targeted political 
killing. An apparent September 26 attempt on the life of Liberation 
editor Lama Fofana abetted popular suspicions that Bakayoko's death was 
politically motivated as did an October break-in at the new premises of 
Liberation; the perpetrators killed a security guard and stole computer 
equipment. No arrests were made in these incidents.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the Penal Code generally prohibits violence 
against persons, neither the Constitution nor the Penal Code 
specifically prohibits torture or other mistreatment, and police 
sometimes beat detainees and prisoners to punish them or to extract 
confessions. Press photographs regularly show criminal detainees with 
swollen or bruised faces and bodies.
    In December 1998, the Government enacted legislation allowing 
lawyers to assist their clients at the stage of preliminary police 
hearings, that is, during the early stages of detention when abuse may 
be most likely. In spite of the new legislation, during the year police 
officers continued to mistreat suspects and other personssummoned to 
police and Gendarmerie stations (see Section 1.d.).
    There were no public reports of government officials being arrested 
or tried for these abuses.
    Jurists' union officials reported that police continue to beat 
suspects to obtain confessions and that suspects are afraid to press 
charges against the police officers involved. According to local human 
rights groups, police beat and also humiliate detainees or prisoners. 
Police also humiliate lawyers who try to assist their clients (see 
Section 1.d.).
    In July Momble Roger Zemon, a driver for Sucrivoire, was shot and 
injured by two police officers in Abidjan's Yopougon district. Zemon 
had refused to stop for the police because he thought they were 
criminals. No arrests were made in the case.
    Issa Traore, a 30-year-old member of the Truck Drivers and Truck 
Owners Trade Union, was beaten severely, arrested, and detained for 48 
hours beginning on January 25 in Abidjan's Adjame district. The police 
suspected Traore of smuggling cellular telephones into the country. He 
was released only after reportedly paying a bribe of $222 (120,000 CFA 
francs). No police officers were arrested for these abuses.
    Police frequently used violence to restrain demonstrators. Riot 
police used tear gas and truncheons against protesting students and 
other demonstrators on several occasions during the year. On at least 
four occasions police used lethal force against protesters and innocent 
bystanders (see Sections 1.a. and 2.b.).
    On April 29, police in Bonoua shot and wounded Sammuel Dago, a 19-
year-old student, as he participated in a student protest in that city. 
No police officers were arrested in the case.
    Police used tear gas and truncheons to prevent a university student 
meeting in Abidjan's Cocody district on May 27. Eleven injured students 
were treated at the University Hospital. No arrests were made.
    On October 16, police used tear gas and truncheons to break up an 
RDR sit-in in front of the national television station, Radiodiffusion 
Television Ivorienne (RTI). RDR leaders organized the sit-in to press 
demands for access to government-owned television and radio. Security 
personnel stated that they broke up the demonstration because it was 
not authorized; at least 10 persons were injured seriously. No police 
officers were arrested.
    On October 27, the RDR held a follow-up demonstration. Police again 
used tear gas and truncheons to break up the demonstration, injuring 
numerous demonstrators. Following this protest, police personnel 
arrested 20 RDR leaders (see Section 2.b.).
    Detainees often are denied food for many hours, as were 388 RDR 
supporters who were detained in Cocody on September 10. A journalist, 
detained in another part of Abidjan in September also was denied food 
(see Section 1.d).
    Police routinely harassed and abused noncitizen Africans (see 
Section 5). On occasion police enter the homes and businesses of, and 
extort money from, Ivorian citizens, non-Ivorian Africans, and other 
non-Ivorians (see Section 1.f.). Police, gendarmes, and other officials 
extort money from motorists at roadblocks (see Section 2.d.).
    CNSP and others forces were responsible for numerous robberies, 
carjackings, widespread looting, and acts of intimidation.
    Prison conditions are harsh and life threatening. Problems include 
overcrowding, malnutrition, a high incidence of infectious disease, and 
lack of treatment facilities and medications. HIV/AIDS reportedly is 
also a significant cause of death. It was credibly reported that more 
than 700 prisoners died in 1997. Complete information for 1998 and 1999 
is not available, but at least 60 prisoners died during 1998. The 
Director of Penitentiary Administration stated that the death rate at 
the Abidjan House of Arrest and Corrections (MACA) had dropped by 60 
percent since October 1998 and was expected to remain low due to 
improvements made in June to the sanitation system, which were jointly 
financed by Doctors Without Borders and theGovernment. Several 
journalists released from prison in 1996 reported that white-collar 
prisoners are afforded better treatment than blue-collar prisoners.
    According to the Ivorian Human Rights League (LIDHO), conditions at 
the MACA were especially hazardous for women, who were housed together 
with violent and nonviolent male criminals, as well as with minors. 
However, during 1998, the prison began to separate female and male 
prisoners and to maintain female guards for female prisoners and male 
guards for male prisoners. There still are no health facilities for 
women, and there continued to be credible reports of children born in 
prison. However, during the year there were no reports that guards 
raped female prisoners. Nevertheless, there were still reports that 
female prisoners engaged in sexual relations with their wardens in 
exchange for food and more privileges.
    In late July, after 2 months as a prisoner in the MACA, Kouame 
Kouakou, deputy secretary general of the Federation of High School and 
University Students of Cote d'Ivoire (FESCI), sank into a coma (see 
Section 2.a.). He was hospitalized only after representatives of the 
LIDHO and the FESCI intervened with the authorities.
    On September 28, FESCI secretary general Charles Ble Goude, who was 
detained at the MACA, was hospitalized, suffering from pain in his 
spinal column and thorax. At the hospital, prison authorities chained 
Ble Goude to his bed despite his doctor's protests that this was 
detrimental to his condition. After the opposition press published 
photos of Ble Goude chained to his bed, the Government released him 
from custody. None of the police officials involved in the incident was 
arrested.
    Many unemployed and homeless detainees reported that they were 
beaten by authorities in prison (see Section 1.d.).
    The Government has offered access to prisons to nongovernmental 
organizations (NGO's) that seek to provide food and medical care to 
prisoners. Unlike previous years, humanitarian NGO's did not report 
difficulty in gaining access to prisons. Several humanitarian NGO's, 
including the International Committee of the Red Cross (ICRC), 
Prisoners Without Borders, and Doctors Without Borders, had access to 
the prisons and visited them during the year to provide food and 
medical care to prisoners. However, none of these NGO's specifically 
were monitoring human rights conditions in the prisons. LIDHO, which 
monitors human rights conditions in prisons, did not visit prisons 
during the year because it was denied authorization to do so without 
giving advance notice. LIDHO applied twice for authorization to visit 
prisons at any time without advance notice, but it has not received 
such authorization to date.
    d. Arbitrary Arrest, Detention, or Exile.--The Government 
arbitrarily arrests and detains citizens. Under the Code of Penal 
Procedure, a public prosecutor may order the detention of a suspect for 
only 48 hours without bringing charges. A magistrate may order 
detention for up to 4 months but also must provide the Minister of 
Justice with a written justification for continued detention on a 
monthly basis. However, the law often is violated. Police and the CNSP 
have held persons for more than 48 hours without bringing charges. 
According to a member of a jurists' union, this practice is common, and 
magistrates often are not able to verify that those who are not charged 
are released.
    Defendants do not have the right to a judicial determination of the 
legality of their detention. A judge may release pretrial detainees on 
provisional liberty, if the judge believes that the suspect is not 
likely to flee. In 1996 the Attorney General referred in public to the 
long detention periods suffered by prisoners awaiting trial in the 
country's principal prison, the MACA, listing a total prisoner 
population of 4,600, of whom l,741 were detainees who had yet to be 
tried. Of the detainees, 470 had been detained for more than 2 years, 
60 for at least 4 years, and 39 others between 5 and 12 years. Based on 
these figures, pretrial detainees at that time made up about 35 percent 
of the prison population. On December 24, 6,693 persons were detained 
at the MACA, a prison built for 1,500. However, no breakdown was 
available. A law enacted in December 1998 limits pretrial detention to 
10 months in civil cases and 22 months in criminal cases; if these 
limits are exceeded, the prisoner must be released on provisional 
liberty with no bail, and if the responsiblejudge takes no action, the 
prison director must act to free the suspect or face sanctions.
    Between April and August the police detained at least 180 students 
across the country for their involvement in sometimes violent strikes 
and demonstrations. Of those 180, 120 were released; of the remaining 
60, all the minors were tried and released to their parents; 6 of those 
who were 18 years or older were sentenced to 5 years in prison; and the 
remainder were sentenced to terms of less than 5 years.
    During student strikes on May 27, police arrested student leaders 
Kouame Kouakou and Drigone Faya in Bouake on charges of inciting 
violence and destruction of property under the 1992 Antivandalism Law. 
Charles Ble Goude, the FESCI secretary general was arrested on August 
17 and also was charged with inciting violence and destruction of 
property.
    On September 30, police personnel arrested 51 persons for creating 
a public disturbance at the Sorbonne, a gathering place for public 
discussions about contemporary political or social issues. Police 
released all 51 of the detainees following identity checks; however, 
former president Bedie subsequently banned meetings at the Sorbonne 
(see Section 5).
    On October 1, the Government granted pardons to the over 60 
students awaiting trial, including those who had been convicted of 
crimes. The students all were released from custody.
    On October 5, Debe Kouassi, a freelance journalist for pro-RDR 
newspapers reportedly was arrested, held in detention for 5 days, 
deprived of food, interrogated, and finally transferred to a hospital 
due to deteriorating health. He was released from custody by year's 
end.
    On October 27, 20 RDR leaders and Ouattara supporters were arrested 
following a demonstration that was dispersed violently by police 
personnel (see Sections 1.c.and 2.b.). The leaders were charged with 
inciting the destruction of public property and organizing a prohibited 
public demonstration under the country's 1992 Antivandalism Law.
    In a November trial the detainees were tried; 11 were sentenced to 
2 years in prison, five were sentenced to 1 year in prison, and the 
remaining four were acquitted. During the December coup, rebel soldiers 
freed all of those convicted from prison and granted them amnesty.
    Journalists Raphael Lakpe and Jean Khalil Sylla of Le Populaire 
were arrested in April and June respectively for publishing false 
stories of student deaths, disturbing public order, and offending the 
Head of State. They were tried in October and both were sentenced to 6 
months' imprisonment and fined $185 (100,000 CFA francs).
    On December 9, the Bedie Government issued a warrant for Alassane 
Ouattara's arrest for the alleged falsification of documents and their 
use. Newspaper accounts speculated that Bedie ordered the warrant 
issued to intimidate Ouattara and to prevent him from returning to the 
country.
    During and following the coup, the mutineers arrested 150 
ministers, military officers, and other officials known as supporters 
of the Bedie government; no formal charges were filed. The new regime 
released the majority of these prisoners; however, approximately 40 
remained in custody at year's end.
    Although it is prohibited by law, police restrict access to some 
prisoners. Despite the frequency of arbitrary arrest, there is no 
accurate total of suspects held. In April 1998, police held over 800 
unemployed persons and vagrants in investigative detention in Abidjan, 
after arresting many in an effort to identify criminals. Several 
reported that police beat them (also see Section 1.c.).
    Souleymane T. Senn, a journalist for Notre Voie, was detained by 
police from September 13 to 16, after writing an article about his 
attempt to interview Togolese President Gnassingbe Eyadema. Senn 
reportedly was accused of embezzling funds from the trip to Togo, but 
he never saw a written complaint. He was deprived of food for the first 
34 hours of his incarceration; during that time the police denied that 
he was in custody.
    Lawyers who defended suspects in the preliminary hearings sometimes 
are harassed. In July, all of the lawyers in thecountry participated in 
a 1-week strike to protest the mistreatment and humiliation to which 
police officers subject them when they try to assist their clients. The 
lawyers' strike was prompted by the arrest of lawyer Kone Anna de Messe 
Zinzou by two officers at the Abidjan police prefecture at the behest 
of Dr. Sami Daher, one of her clients. Lawyers agreed to end the strike 
only after the two police officers were arrested, and after they met 
with Prime Minister Daniel Kablan Duncan to discuss improvements to the 
judicial system. Former president of the Bar Association Essy N'Gatta 
stressed that the lawyers' objective was to put an end to arbitrary 
detention .
    Favide Innocent, a Beninese car importer arrested in 1994 pursuant 
to an extradition request by the Government of Togo, remained in 
detention in the MACA although various courts had ordered his release 
on several occasions, most recently in April 1998. In November 1998, 
Innocent staged a hunger strike to protest his continued detention; he 
finally was released from prison on December 24.
    In September police detained 388 political demonstrators for 2 days 
without providing them with food on the first day (see Section 2.b.).
    On October 17, 20 RDR leaders and Ouattara supporters were arrested 
for allegedly inciting violence and destroying property (See Section 
2.b.).
    Of the military personnel arrested on charges of coup plotting in 
1995 and released 14 months later, four were reinstated.
    The Government does not use forced exile as a means of political 
control.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the judiciary is subject to 
executive branch and other outside influences. Although the judiciary 
is independent in ordinary criminal cases, it follows the lead of the 
executive in national security or politically sensitive cases. Judges 
serve at the pleasure of the executive, and reports that they submit to 
political pressure are credible. During the year, a judge from the 
tribunal of Dimbokro annulled opposition candidate Alassane Ouattara's 
certificate of nationality, allegedly due to pressure from Ministry of 
Justice officials.
    The formal judicial system is headed by a Supreme Court and 
includes the Court of Appeals and lower courts.
    Military courts do not try civilians. Although there are no 
appellate courts within the military court system, persons convicted by 
a military tribunal may petition the Supreme Court to set aside the 
tribunal's verdict and order a retrial.
    In rural areas, traditional institutions often administer justice 
at the village level, handling domestic disputes and minor land 
questions in accordance with customary law. Dispute resolution is by 
extended debate, with no known instance of resort to physical 
punishment. The formal court system increasingly is superseding these 
traditional mechanisms. In 1996 a Grand Mediator was appointed to 
settle disputes that cannot be resolved by traditional means. This 
office appears designed to bridge traditional and modern methods of 
dispute resolution. During the year, about 90 disputes, including land 
rights disputes, were submitted to it.
    The law provides for the right to public trial, although key 
evidence sometimes is given secretly. The presumption of innocence and 
the right of defendants to be present at their trials often are not 
respected. Those convicted have the right of appeal, although higher 
courts rarely overturn verdicts. Defendants accused of felonies or 
capital crimes have the right to legal counsel, and the judicial system 
provides for court-appointed attorneys; however, no free legal 
assistance is available. In practice many defendants cannot afford 
private counsel, and court-appointed attorneys are not readily 
available.
    In December 1998, the Government granted amnesty for all offenses 
committed by all persons in connection with the active boycott of the 
1995 election. In September that amnesty was extended to military 
officers accused of involvement in the October 1995 coup plot. This 
lattergroup included General Robert Guei. There were no other reports 
of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Code of Penal Procedure specifies that a police 
official or investigative magistrate may conduct searches of homes 
without a judicial warrant if there is reason to believe that there is 
evidence on the premises concerning a crime. The official must have the 
prosecutor's agreement to retain any evidence seized in the search and 
is required to have witnesses to the search, which may not take place 
between 9:00 p.m. and 4:00 a.m.
    Desire Tanoe, an ambassador in the Ivorian Foreign Service and 
Elizabeth Kapet, the Treasurer of the International Movement of Female 
Democrats (MIFED), a women's NGO active on student issues, were 
suspected of being in contact with FESCI leaders (in particular Ble 
Goude), and arrested without warrants at 4:00 a.m. on June 5. After 
being questioned by police for a few hours, they were released from the 
National Security Council headquarters.
    On August 31, presidential security guards seized and searched 
Alassane Ouattara's luggage at the Abidjan airport. On October 1, the 
PDCI newspaper, The Democrate, published the contents of some of the 
documents contained in Ouattara's luggage. Ouattara intends to pursue 
legal action against the Government for theft of private 
correspondence.
    On November 1, plainclothes police officers detained and questioned 
Ousmane Sy Savane, an RDR deputy and mayor of Odienne. The police 
confiscated several documents, including the transcript of a press 
conference given by Alassane Ouattara's lawyers.
    In practice police sometimes use a general search warrant without a 
name or address. On occasion police have entered homes of non-Ivorian 
Africans (or apprehended them at large), taken them to local police 
stations, and extorted small amounts of money for alleged minor 
offenses.
    Security forces reportedly monitored some private telephone 
conversations, but the extent of the practice is unknown. Government 
authorities monitored letters and parcels at the post office for 
potential criminal activity, and are widely believed to monitor private 
correspondence, although no evidence of this has been produced. The 
Government used students as informants at the University of Abidjan 
(see Section 2.a.).
    During the December coup, mutineers entered forcibly the homes of 
some former government officials. The soldiers conducted illegal 
searches and arrested some officials without warrants. Coup forces also 
were responsible for widespread looting.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Although the Constitution provides 
for freedom of expression, and private newspapers frequently criticize 
government policies, the Government imposes significant restrictions on 
this right. The two government-owned daily newspapers, Fraternite Matin 
and Ivoir Soir, offer little criticism of government policy, while 
government-owned radio and television offer none at all. While private 
newspapers (12 daily, 26 weekly, 5 fortnightly, and 9 monthly), 
opposition leaders, and student groups voice their disapproval of 
government or presidential actions frequently and sometimes loudly, the 
Government does not tolerate what it considers insults or attacks on 
the honor of the country's highest officials. A law enacted in 1991, 
soon after the Government first allowed substantial numbers of private 
newspapers to operate, authorizes the State to initiate criminal libel 
prosecutions against persons who insult the President, the Prime 
Minister, foreign chiefs of state or government or their diplomatic 
representatives, or defame institutions of the State, or undermine the 
reputation of the nation. In addition, the State may criminalize a 
civil libel suit at its discretion and at the request of the plaintiff. 
Criminal libel is punishable by 3 months to 2 years in prison. 
Journalists exercise considerable self-censorship.
    In an August 1998 letter to the publisher of Notre Voie, a private 
Abidjan-based daily newspaper affiliated with a major opposition party, 
the Minister of Communications cautioned that a series of then-planned 
articles on domestic political repression by the security forces 
``might harm national security'' and might violate provisions of the 
1991 press law that forbid the publication of national defense secrets. 
In October 1998, the Abidjan offices of Notre Voie and an affiliated 
daily newspaper, Actuel, were entered forcibly and burglarized by three 
armed and hooded persons. The perpetrators stripped and beat the night 
guard and removed files that documented corruption involving senior 
government officials and ethnic discrimination in the armed forces, but 
left telephones, computers, and facsimile machines untouched. In 1995 
the offices of Notre Voie--then called La Voie--had been burned by 
persons unknown. No arrest warrants were issued in either case.
    In October 1998, the Government announced that it would henceforth 
initiate criminal libel prosecutions only on behalf of the President 
and would punish criminal libel convictions by fines rather than 
imprisonment except in cases of libel against the President. The 
preponderance of state-initiated criminal libel prosecutions of 
journalists since 1991 have alleged libel against the President (see 
Section 1.d.).
    In October 1998, a former minister filed a libel suit against the 
staff of Le Jour, a private Abidjan-based daily newspaper, which had 
reported allegations of the minister's involvement in a pedophilia 
scandal. In July in trials in the lower court and the appeals court, 
the newspaper and one of its journalists were found guilty. The 
publisher and the journalist were each given suspended sentences of 3 
months in prison and were fined $185 (100,000 CFA francs); the paper 
was required to pay an additional $9,250 (5 million CFA francs) in 
damages and interest.
    On April 28, police arrested Raphael Lakpe, editor in chief of the 
Abidjan daily Le Populaire, and four of the journalists working for the 
newspaper for publishing a false report concerning a student's death, 
allegedly at the hands of the authorities, and for offending the Head 
of State in several articles. Following intercession by the Ivorian 
Union of Journalists, the four journalists were released on June 3, and 
Lapke was tried and released in October.
    On May 20, the courts found the editor in chief and a journalist 
from Argument guilty of libeling Minister of State for Interior and 
Decentralization Emile Constant Bombet and his family. The journalists 
were fined $925 (500,000 CFA francs) and given suspended sentences of 1 
year; the court ordered the newspaper to pay Bombet an additional 
$37,000 (20 million CFA francs) in damages.
    On July 9, the Public Prosecutor lodged a complaint against three 
Abidjan daily newspapers--Notre Voie, Liberation, and Le Patriote--for 
allegedly offending the Head of State and detained the editors in 
chief. All three had published articles alleging that President Bedie's 
doctoral thesis had been written by a French national whom he had paid 
to draft it. The arrests followed the publication of articles about 
President Bedie's reconstruction of President Houphouet-Boigny's 
residence and Prime Minister Duncan's alleged acquisition of an 
apartment in Paris for more than $5 million (3 billion CFA francs). The 
police released all three editors in chief after they made statements 
on July 12.
    Beginning on July 27, police seized without a warrant at least 500 
copies of the French publication Africa Golfe Eco, which contained 
highly critical stories about President Bedie and his Government. 
Subsequent issues have not been circulated.
    Both because literacy is far from universal, and because newspapers 
and television are relatively expensive, radio is the most important 
medium of mass communication. The government-owned broadcast media 
company, Radiodiffusion Television Ivorienne (RTI), owns two major 
radio stations; only the primary government radio station is broadcast 
nationwide. There are also four major private domestic radio stations: 
Radio France Internationale (RFI), the British Broadcasting Corporation 
(BBC), Africa Number One, and Radio Nostalgie. They broadcast on FM in 
Abidjan only, except for RFI, which in November 1998 signed an 
agreement with RTI to allow it to broadcast via relay antennas to the 
north and center of the country. The RFI and BBC stationsbroadcast only 
internationally produced programming. The Africa Number One station, 
which is 51 percent domestically owned, broadcasts 6 hours a day of 
domestically produced programming; the rest of the time it broadcasts 
programming from Africa Number One's headquarters in Libreville, Gabon. 
Radio Nostalgie is 51 percent owned by Radio Nostalgie France. The RFI, 
BBC, and Africa Number One stations all broadcast news and political 
commentary about the country. The private stations have complete 
control over their editorial content. However, only Radio Nostalgie 
frequently has been critical of the Government in its editorials. On 
September 16, the Government ordered Radio Nostalgie to suspend its 
broadcasts for 72 hours because it had violated the terms of its 
license, which allows 3 to 5 minute news flashes, by making extended 
commentary on the September 14 events outside former Prime Minister 
Alassane Ouattara's home (see Section 2.b.) The Government forced Radio 
Yopougon to close for 24 hours in October for violating its license by 
broadcasting to a larger geographical range than was permitted. 
However, no journalist of any station is known to have been prosecuted 
by the Government for libel.
    Radio station license applications are adjudicated by a commission 
under the Ministry of Information, which has accepted applications and 
awarded licenses only once, in 1993. On that occasion, the commission 
denied 7 of 12 applications on a variety of grounds, including, in one 
case, affiliation with a major opposition political party.
    In 1998 the Government authorized 43 community radio stations with 
very limited broadcast strength, no foreign-language programming, no 
advertisements, and public announcements limited to the local area. 
Roman Catholic church groups began to operate four community radio 
stations: Radio Espoir in Abidjan, Radio Paix Sanwi in Aboisso, Radio 
Notre Dame in Yamoussoukro, and Radio Dix-Huit Montagnes in Man. No 
Muslim station is broadcasting yet, because the Government required 
that all four major Muslim associations agree to share a single 
frequency; however, in February, the Muslim associations agreed to 
submit a joint proposal and received a license on April 21.
    There are two television stations that broadcast domestically 
produced programs. Both are owned and operated by the Government. Only 
one is broadcast nationwide. The only private television station, Canal 
Horizon, is foreign owned and broadcasts no domestically produced 
programs. The Government has not accepted any applications to establish 
a privately owned domestic television station.
    The National Council of Audiovisual Communication (NCAC), 
established in 1991 and formally organized in 1995, is responsible for 
regulating media access during the 2-week formal political campaign 
period and for resolving complaints about unfair media access. However, 
members of the PDCI constitute the majority of the membership of the 
council. Due to the conflict between the regulating body and the fact 
that the domestic television stations are state-owned, the NCAC is 
sometimes powerless. In October Henriette Dagri Diabate demanded that 
the RDR be granted equal time in the media. NCAC spokesmen responded 
that, according to law, the government television station should comply 
with the request, but that it did not have the means to enforce this 
law.
    In October Levy Niamkey, an anchorman on the national television 
station's nightly news program, was suspended from his job for 2 months 
for broadcasting a report, which criticized the RDR and its leaders at 
the end of the news broadcast instead of the beginning. The Ministry of 
Information reduced Niamkey's suspension to 8 days following an 
outpouring of support from journalists and opposition members; however, 
Niamkey ultimately resigned from his post.
    The Government does not restrict access to or distribution of 
electronic media. There are twelve domestic Internet service providers, 
of which four are major providers; the first began operations in 1996. 
All twelve are private. The licensing requirements imposed by the 
government telecommunications regulatory body, ATCI, reportedly are not 
unduly restrictive.
    The Government continues to exercise considerable influence over 
the official media's program content, news coverage, and other matters, 
using these media to promote government policies. Much of the news 
programming during the year wasdevoted to the activities of the 
President, the Government, the PDCI, and pro-Bedie groups.
    The case of 12 employees of the government broadcast media company, 
RTI, who had participated in an April 1997 strike that reportedly 
caused an interruption of RTI broadcasting, came to trial in November 
1998. The RTI employees were tried on charges, filed in 1997, of 
disturbing public order, willful destruction of public property, and 
interfering with public services. The judge finally rendered a verdict 
in January, acquitting six and convicting the other six. Those 
convicted were given suspended 6-month sentences and fines of 
$92(50,000 CFA francs) each (see Section 6.a.).
    There is no known law specifically concerning academic freedom, 
although academics have cited laws of French origin concerning the 
operations of universities to support their claims of academic freedom. 
In practice the Government tolerates much academic freedom, but also 
inhibits political expression through its proprietary control of most 
educational facilities, even at the post-secondary level. On April 27, 
the president of the University of Cocody banned all meetings and sit-
ins on the campus; and 2 days later the Council of Ministers ratified 
and extended the President's action, banning all FESCI activities 
throughout the country.
    Students at universities and secondary schools staged many 
demonstrations and protests about educational issues, resulting in 
hundreds of arrests and 63 prosecutions. In May the Government closed 
all schools at all levels, including primary school, for 17 days, 
following widespread demonstrations. The Government also forbade all 
student meetings and banned FESCI activities. On July 30, the 
universities declared the 1998-99 academic year ``invalid'' for 
students in most disciplines, meaning that no credit would be given and 
that the universities would be even more crowded beginning in October, 
underscoring FESCI complaints about overcrowding. In spite of religious 
and human rights groups' efforts to promote dialog between the student 
union, FESCI, and the Government, dialog effectively ended with the 
arrest of FECSI leaders (see Section 1.d.).
    Many prominent scholars active in opposition politics have retained 
their positions at state educational facilities. However, some teachers 
and professors suggest that they have been transferred or fear that 
they may be transferred to less desirable positions because of their 
political activities. According to student union statements, government 
security forces continued to use students as informants to monitor 
political activities at the University of Abidjan.
    There were numerous student protests during the year (see Section 
2.b.).
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government sometimes 
restricted this right during the second half of the year.
    Groups that wish to hold demonstrations or rallies are required by 
law to submit a notice of their intent to do so to the Ministry of 
Security or the Ministry of Interior 48 hours before the proposed 
event. No law expressly authorizes the Government to ban public 
meetings or events for which advance notice has been given in the 
required manner. Nevertheless, the Government sometimes has denied the 
opposition permission to meet in public outdoor locations. In September 
the Dabou city council banned a planned September 11 opposition RDR 
rally, stating that the rally could lead to a violent confrontation. On 
September 20, the mayor of the Abidjan's Koumassi district forbade all 
political meetings in the district.
    However, the RDR did stage a large public demonstration in Abidjan 
on September 27. Although the Government warned of dire consequences in 
the event of violence, it did not ban that demonstration, and no 
violence occurred.
    Police repeatedly used violence to break up demonstrations and 
gatherings even when organizers duly gave the advance notice required 
by law. Between April and August, police forcibly suppressed many 
demonstrations held by students and other citizens to protest 
overcrowded classrooms, high prices, increasing unemployment, and low 
standards of living (see Section 1.c.). Police generally used non-
lethalforce such as tear gas against demonstrators. However, in one 
case a student demonstrator was killed by a tear-gas canister that was 
thrown by police to disperse a protest (see Section 1.a.). No charges 
were filed against the police in regard to the 3 deaths and 15 serious 
injuries that resulted from those demonstrations (see Section 1.a.). 
Between April and August, police personnel detained at least 180 
students and unemployed persons across the country for their 
involvement in sometimes violent strikes and demonstrations (see 
Section 1.d.) Police also arrested 13 persons in connection with the 
August 25 demonstration in Yopougon following which Guy Koffi was 
killed (see Section 1.a.).
    Beginning on September 10, hundreds of RDR supporters staged a sit-
in outside RDR leader Ouattara's house in Cocody to protest PDCI 
attempts to ban Ouattara from running in the 2000 presidential 
elections. On September 14, police removed 388 demonstrators after some 
participants in the demonstration attacked a police commissioner who 
had come to deliver a letter informing Ouattara that he was to be 
questioned by the police. On September 15, President Bedie pardoned the 
388 detainees, who were denied food for several hours at the beginning 
and end of their detention. They returned to Ouattara's house the next 
day and remained there until September 19 (see Section 1.d.).
    A 1992 Antivandalism Law holds organizers of a march or 
demonstration responsible if any of the participants engage in 
violence. A leading civil rights NGO, the LIDHO, and all major 
opposition parties criticized the law as unduly vague and as one that 
imposed punishment on some persons for the crimes of others.
    In September police personnel arrested 51 persons at the Sorbonne, 
a gathering place for public discussions. All of the detainees were 
released following identity checks; however, the Bedie Government 
subsequently banned all meetings at the Sorbonne (see Section 1.d.).
    On October 27, at least 20 RDR leaders and Ouattara supporters were 
arrested following a demonstration that was dispersed violently by 
police personnel (see Sections 1.c. and 1.d.). The leaders, including 
Henriette Dagri Diabate, four Members of Parliament, one mayor, and a 
journalist for the pro-RDR newspaper, Le Liberal, were charged with 
inciting the destruction of public property and organizing a prohibited 
public demonstration under the Antivandalism Law. In November the 
leaders were tried; 11 were sentenced to 2 years in prison (including 
Diabete), 5 were sentenced to 1 year in prison, and the remaining 4 
were acquitted. During the December coup, rebel soldiers freed all of 
the RDR leaders from prison and granted them amnesty.
    On November 26, President Bedie issued Presidential Decree Number 
99-668, which eliminated the right to hold outdoor meetings and 
demonstrations during the workweek. The ban was to remain in effect 
until May 30, 2000. This decree eliminated a number of opposition 
demonstrations that were planned for December; however, the Government 
did allow an outdoor rally to take place on December 18. The decree 
remained in effect at year's end.
    The Government restricts freedom of association formally, but 
generally respects it in practice. Opposition parties assert that the 
Constitution permits private associations to form. The Government 
rejects this interpretation and requires all organizations to register 
before commencing activities. In order to obtain registration, 
political parties must provide information on their founding members 
and produce internal statutes and political platforms consistent with 
the Constitution. Before the coup, there were 102 legally recognized 
political parties, of which 3 were represented in the National 
Assembly. Although there were no reports in the past 5 years of denial 
of registration, an August decree implementing the 1993 political party 
registration law apparently was interpreted to be aimed at former Prime 
Minister Ouattara and his RDR. The law also prohibits the formation of 
political parties along ethnic or religious lines.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice. 
There are no known impediments to religious expression. There is no 
state religion; however, for historical as well as ethnic reasons, the 
Government informally favorsChristianity, in particular the Roman 
Catholic Church. Catholic Church leaders often are the first on whom 
the high government officials call for advice and mediation in times of 
social or political discord. Members of the Catholic clergy take part 
in political debate, whereas Islamic leaders may be criticized by 
government figures and offical press organs if they engage in political 
debate. However, the Government permits the open practice of religion, 
and there are no restrictions on religious ceremonies or teaching.
    According to a 1988 census, about 25 percent of citizens were 
Muslim, about 23 percent were animist, and 31 percent were Christian; 
13 percent practiced no religion. However, because the country hosts a 
large population of noncitizens, many of whom are Muslim, Muslims make 
up substantially more than 25 of the population.
    Some Muslims believe that their religious or ethnic affiliation 
makes them targets of discrimination by the Government with regard to 
both employment and the renewal of national identity cards (see Section 
5).
    The Catholic Church began to operate community radio stations in 
1998; on April 21, the Government authorized Muslims to operate a 
similar station (see Section 2.a.).
    The CNSP ordered the Superior Islamic Council, a pro-Bedie 
organization, to disband.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Although neither the Constitution nor 
any law provides for freedom of movement, the Government generally does 
not restrict internal travel; however, uniformed police, gendarmes, and 
water, forestry, and customs officials commonly erect and operate 
roadblocks on major roads, where they demand that passing motorists or 
passengers produce identity and vehicle papers and regularly extort 
small amounts of money or goods for contrived or minor infractions.
    Citizens normally may travel abroad and emigrate freely and have 
the right of voluntary repatriation. However, in November airport 
security officials prevented Hamed Bakayoko, a friend of Alassane 
Ouattara and the director of Radio Nostalgie, from traveling to Paris 
for a business trip. Security officials similarly prevented Morifere 
Bamba, leader of the opposition Party for Progress and Socialism from 
traveling abroad.
    There are no known cases of revocation of citizenship, although the 
Bedie Government challenged the citizenship of presidential candidate 
Alassane Ouattara, alleging that he is really a citizen of Burkina 
Faso.
    The country has not enacted legislation to provide refugee or 
asylee status in accordance with the provisions of the 1951 U.N. 
Convention Relating to the Status of Refugees and its 1967 Protocol. 
The only domestic statute in force is the 1990 immigration law, which 
includes refugees without specifying a separate legal status for them. 
Nevertheless, the Government respects the right to first asylum and 
does not deny recognition to refugees, either by law or custom. An 
estimated 65,000 Liberian refugees remain in the country; from 150,000 
to 200,000 refugees have returned to Liberia either under United 
Nations auspices or independently. There are also several thousand 
refugees from Sierra Leone and the Great Lakes region, including Rwanda 
and Burundi. There were no reports that persons who had a valid claim 
to asylum or refugee status were involuntarily repatriated to a country 
where they feared persecution.
    The Government cooperates with the U.N. High Commissioner for 
Refugees in health, education, and food distribution programs for 
refugees. In January International Rescue Committee staff identified 
sanitation problems and severe overcrowding in schools at the Nicla 
Camp.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for the right of citizens to change their 
government peacefully through democratic means; however the Bedie 
Government limited this right in practice and the December coup 
effectively disenfranchised citizens, preventing them from exercising 
this right.General Guei pledged to rewrite the Constitution and hold 
fair and transparent elections in the year 2000.
    Prior to the coup, the PDCI controlled both the presidency and the 
National Assembly continuously since independence in 1960, and no 
president has ever left office in consequence of an election. Between 
30 and 40 percent of the country's adult population, including many 
lifelong residents, are politically disenfranchised noncitizens (see 
Section 5).
    In 1994 the Government enacted changes to the Electoral Code that 
included more restrictive parentage and residency requirements. These 
changes had the effect of excluding from the 1995 presidential election 
Alassane Ouattara, then a major potential rival to President Bedie. 
Citing concern about these changes in the electoral code and about 
irregularities in the voter registration process, the major opposition 
parties boycotted and tried to disrupt the 1995 presidential election, 
in which Bedie was reelected with 96 percent of the vote.
    Prior to the coup, legislative elections were scheduled to be held 
every 5 years, and presidential elections every 7 years, by balloting 
that authorities describe as secret, but that allows a voter to leave a 
polling place with tangible evidence of how he voted. At polling places 
on election day, registered citizens receive a package of color-coded 
cards, containing one card for each candidate. Each citizen votes, 
alone inside a closed booth, by depositing into a sealed ballot box an 
envelope containing one of these cards. However, the voter is free to 
carry the unused cards from his package out of the polling place. 
Consequently voters can and sometimes do present these unused ballots 
as proof of how they voted to agents of candidates who pay them for 
their votes. This balloting system tends to favor an incumbent party 
that can draw directly or indirectly on the resources of the State to 
reward those who vote for its candidates. During negotiations with the 
PDCI late in the year, a leading opposition party demanded 
unsuccessfully that single, fully secret ballots be used in future 
elections.
    The number of registered voters in districts of the National 
Assembly, each of which elects one representative, varies by as much as 
a factor of 10; these inequalities systematically favor the ruling 
party. National Assembly elections held in 1995 were marred both by 
violent incidents and by flaws in the electoral process, which were 
noted by both international and domestic observers. In 1998 ONE, a 
domestic NGO that monitors elections, cited irregularities in election 
list compilation and voting card distribution; these irregularities 
favored ruling party candidates. On April 25, a legislative by-election 
in a nominally pro-opposition area was marred by the destruction of 15 
ballot boxes, the invalidation of results from 7 polling stations, and 
the sequestration of 3 subprefects. Two opposition candidates objected 
and asked the Constitutional Council to invalidate the result. However, 
the Council confirmed the PDCI candidate's election in May.
    In practice the presidency consistently has dominated the State. In 
the name of ruling party discipline, the PCDI-controlled National 
Assembly has enacted with very few modifications most bills submitted 
by the Government. Moreover, members of the National Assembly seldom 
have initiated legislation, and the National Assembly only rarely has 
enacted legislation introduced by a member rather than by the 
Government.
    In June 1998, the National Assembly enacted amendments to the 
Constitution that diminished the authority of the Prime Minister 
relative to the President, authorized the President to annul elections 
or to postpone announcing election results, extended the presidential 
term from 5 to 7 years, mandated the creation of a second legislative 
chamber (senate), provided for the president of the senate to succeed 
the President in the event of his death or incapacitation, and wrote 
into the Constitution the presidential eligibility restrictions of the 
1994 electoral code. Diverse domestic and international observers--
including the LIDHO, an antitribalist NGO (Notre Nation), and the 
French Socialist Party--criticized these constitutional amendments 
publicly for tending both to limit the right of citizens to change 
their government and to increase the already preponderant power of the 
presidency. In December 1998, as part of a formal written accord 
between the ruling party and a major opposition party, then-President 
Bedie agreed to renounce in a second round of constitutional amendments 
some of the powersconferred on him by the constitutional amendments, 
including the power to postpone announcements of election results and 
the power to annul elections. However, all the constitutional 
amendments remained fully effective at year's end.
    In November 1998, Roger Nasra, a businessman accused of defrauding 
the Government of nearly $2 million in 1995 (10,810,000 CFA francs), 
testified that he had given that money to a senior treasury official 
for diversion to Bedie's election campaign. The treasury official 
denied the charges; he was transferred in August.
    Government and opposition observers both have indicated that almost 
half of citizens do not have national identity cards, without which 
they cannot vote. The Government enacted and began to implement a law 
that simplified the process and greatly reduced the cost of obtaining 
national identity cards. This was intended to increase voter 
eligibility and registration. However, the same law tripled the cost of 
residence permits required of noncitizens.
    The major opposition parties continued to demand that elections be 
organized and supervised by an electoral commission independent of the 
Government, as domestic and international election-monitoring NGO's 
have recommended. On December 9, the National Assembly voted to allow 
the creation of a National Election Commission to supervise elections. 
This decision was enacted as one of several agreements between the PDCI 
and the opposition Ivorian Popular Front (FPI); however, at year's end 
the organization of elections remained in the hands of the Ministry of 
Interior.
    Citizens' ability to elect subnational governments is limited. The 
State is highly centralized. Subnational government entities exist on 
several levels, including 16 regions, 58 departments, 230 
subprefectures, and 196 communities. However, at all levels except for 
communities, which are headed by mayors elected for 5-year terms, and 
traditional chieftaincies, which are headed by elected chiefs, all 
subnational government officials are appointed by the central 
Government. Subnational governments generally must rely on the central 
Government for much of their revenue, but mayors have autonomy to hire 
and fire community administrative personnel.
    Although there are no legal impediments to women assuming political 
leadership roles they are underrepresented in government and politics. 
Under the Bedie government, only 14 of the 175 National Assembly 
deputies were women. Women held 3 of the 17 leadership positions in the 
National Assembly. There were 3 women in the 35-member presidential 
Cabinet named in August, and 3 members of the Supreme Court are women. 
In January Henriette Dagri Diabete was elected to the post of secretary 
general of the opposition RDR; she became the first woman to lead a 
political party.
    There are no legal impediments to the exercise of political rights 
by any of the more than 60 ethnic groups in the country. However, it is 
widely believed that the Baoule and other ethnic groups that have 
tended to support the ruling party are overrepresented in both mid-
level and low-level appointed positions throughout the public sector. 
Prior to the coup, Baoules always had held the positions of President 
and Defense Minister. However, General Guei is Toura, a subgroup of the 
Yacouba, one of the main ethnic groups in the west of the country; many 
of his supporters are from historically underrepresented ethnic groups 
in the north and west.
Section 4. Governmental Attitude Regarding International and Non-
        governmental Investigation of Alleged Violations of Human 
        Rights
    The LIDHO, a domestic human rights NGO formed in 1987 and 
recognized by the Government in 1990, investigated alleged violations 
of human rights actively and issued press releases and reports, some 
critical of the Government. Other NGO's such as Amnesty International 
and the Ivorian MIFED also monitored government human rights abuses and 
published press releases critical of them.
    The Government has cooperated with international inquiries into its 
human rights practices, which were chiefly in the area of prison 
conditions (see Section 1.c.).
    The CNSP Government seized the computers of the pro-PDCI NGO 
Servir.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    Discrimination based on race, ethnicity, national origin, sex, or 
religion is prohibited by law, but in practice women occupy a 
subordinate role in society. Muslims complain of governmental 
discrimination (see Section 2.c.), societal ethnic discrimination is a 
problem, and the Baoule ethnic group dominates the ruling party and 
through it, the Government.
    Women.--Representatives of the Ivorian Association for the Defense 
of Women (AIDF) state that spousal abuse (usually wife beating) occurs 
frequently and often leads to divorce. A July 1998 AIDF survey found 
that many women refused to discuss their experience of domestic 
violence; of women who completed the AIDF interview process, nearly 90 
percent had been beaten or struck on at least one occasion. Doctors 
state that they rarely see the victims of domestic violence. A severe 
social stigma is attached to such violence, and neighbors often 
intervene in a domestic quarrel to protect a woman who is the known 
object of physical abuse. The courts and police view domestic violence 
as a family problem, unless serious bodily harm is inflicted, or the 
victim lodges a complaint, in which case they may initiate criminal 
proceedings. Women's advocacy groups have protested the indifference of 
authorities to female victims of violence and called attention to 
domestic violence and female genital mutilation (FGM). The groups also 
reported that women who are the victims of rape or domestic violence 
often are ignored when they attempt to bring the violence to the 
attention of the police. The Government does not collect statistics on 
the rape or other physical abuse of women. The Government has no clear 
policy regarding spousal abuse beyond the strictures against violence 
in the civil code. In December 1998, the National Assembly enacted the 
Law Concerning Crimes against Women, which forbids and provides 
criminal penalties for forced or early marriage and sexual harassment, 
but says nothing about spousal abuse. In July the AIDF launched a 
petition drive to pressure the authorities to enact and enforce laws 
against domestic violence, especially spousal abuse; 18,000 petitions 
were collected by year's end. The AIDF also is active in opposing 
forced marriage and advancing the rights of female domestic workers.
    In rural areas, women and men divide the labor, with men clearing 
the land and attending to cash crops like cocoa and coffee, while women 
grow vegetables and other staples and perform most menial household 
tasks. Government policy encourages full participation by women in 
social and economic life, but there is considerable informal resistance 
among employers to hiring women, whom they consider less dependable 
because of their potential pregnancy. Women are underrepresented in 
some professions and in the managerial sector as a whole. Some women 
also encounter difficulty in obtaining loans, as they cannot meet the 
lending criteria mandated by banks. These criteria include such 
elements as title to a house and production of profitable cash crops, 
specifically coffee and cocoa. However, women in the formal sector are 
paid on an equal scale with men.
    Children.--Primary education is compulsory, but this requirement is 
not enforced effectively. Many children leave school after only a few 
years. There is a parental preference for educating boys rather than 
girls, which is noticeable throughout the country but more pronounced 
in rural areas. The primary school enrollment rate for girls is 
increasing in the northern part of the country. In part to combat low 
enrollment rates for girls, in January 1998 the Government instituted 
new measures against statutory rape of students by school teachers. The 
Minister of National Education stated then that almost one-third of the 
66 percent primary and secondary school dropout rate was attributable 
to pregnancies, and that many of the sexual partners of female students 
were teachers, to whom girls sometimes granted sexual favors in return 
for good grades or money. According to UNICEF statistics, 79 percent of 
males and 58 percent of females of primary school age reportedly were 
enrolled in the period between 1990 and 1996.
    Cities, especially Abidjan, have large populations of street 
children. Some children are employed as domestics and are subject to 
sexual abuse, harassment, and otherforms of mistreatment by their 
employers, according to the AIDF and press reports (see Section 6.d.).
    In September 1998, an Abidjan daily newspaper reported allegations 
by a 14-year-old boy that he had been sodomized repeatedly over many 
months by a network of pedophiles that included former Minister of 
Economic Infrastructure Ezan Akele and a foreign ambassador. Leading 
human rights organizations, including the LIDHO, demanded that the 
alleged pedophiles not be shielded from prosecution. On January 4, 
judges released 6 of the 8 accused in this matter on provisional 
liberty. The case still is pending.
    At least hundreds and perhaps thousands of Malian children were 
trafficked and sold into indentured servitude on Ivorian plantations 
(see Sections 6.c. and 6.f).
    The Ministries of Public Health and of Employment, Public Service, 
and Social Security seek to safeguard the welfare of children, and the 
Government also has encouraged the formation of NGO's such as the 
Abidjan Legal Center for the Defense of Children. In 1996 the 
Government announced a series of measures aimed at reducing the 
population of street children. These steps include holding parents 
legally and financially responsible for their abandoned children and 
the development of training centers where children can learn a trade. 
One of these centers opened in Dabou on July 31.
    Female genital mutilation, which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, is a serious problem. Until 1998 there was no law 
that specifically prohibited FGM, which was considered illegal only as 
a violation of general laws prohibiting crimes against persons. 
However, the Law Concerning Crimes against Women enacted in December 
1998 specifically forbids FGM and makes those who perform it subject to 
criminal penalties of imprisonment for up to 5 years and a fine of from 
roughly $650 to $3,500 (360,000 to 2 million CFA francs); double 
penalties apply for medical practitioners. FGM is practiced 
particularly among the rural population in the north and west and to a 
lesser extent in the center. The procedure usually is performed on 
young girls or at puberty as part of a rite of passage; it is almost 
always done outside modern medical facilities, and techniques and 
hygiene do not meet modern medical standards. According to the World 
Health Organization and the AIDF, as many as 60 percent of women have 
undergone FGM. Since the law on FGM was enacted in December 1998, 6 
girls in Abidjan's Port Bouet district were mutilated, and police and 
social workers neither acted to prevent the mutilation nor to arrest 
the girls' parents.
    Women's advocacy organizations have sponsored campaigns against 
FGM, forced marriage, and marriage of minors, patterns of inheritance 
that exclude women, and other practices considered harmful to women and 
girls. In 1997 the Ministry of the Family and Women's Affairs organized 
a seminar on FGM. In some areas traditional authorities, who generally 
have upheld the practice, began to take part in public demonstrations 
against FGM.
    People With Disabilities.--Until recently there were no laws 
mandating accessibility to buildings, transportation, or other public 
services by the disabled. However, in October 1998 the National 
Assembly enacted a law, sponsored by former President Bedie's wife, 
that requires the State to educate and train the disabled, to hire them 
or help them find jobs, to design houses and public facilities for 
wheelchair access, and to adapt machines, tools, and work spaces for 
access and use by the disabled. The law covers individuals with 
physical, mental, visual, auditory, and cerebral motor disabilities. 
Laws also exist that prohibit the abandonment of the mentally or 
physically disabled and enjoin acts of violence directed at them. 
Traditional practices, beliefs, and superstitions vary, but infanticide 
in cases of serious birth disabilities is less common than in the past. 
Disabled adults are not specific targets of abuse, but they encounter 
serious difficulties in competing with able-bodied workers. The 
Government supports special schools, associations, and artisans' 
cooperatives for the disabled, but physically disabled persons still 
beg on urban streets and in commercial zones.
    National/Racial/Ethnic Minorities.--The country's population of 
about 15 million is ethnically diverse. The citizenry--which excludes 
the largenoncitizen part of the population--is made up of five major 
families of ethnic groups. The Akan family made up more than 40 percent 
of the citizenry, according to the 1988 census; the largest Akan ethnic 
group, and the largest ethnic group in the country, was the Baoule, to 
which perhaps one-fourth of all citizens belong. About 25 percent of 
citizens belong to the Mande family, of which the Malinke are the 
largest group. About 15 percent of citizens belong to the Krou family, 
of which the Bete are the largest group. Slightly more than 15 percent 
also belong to the Voltaic family, of which the Senoufo are the largest 
group. Major ethnic groups generally have their own primary languages 
and their nonurban populations tend to be concentrated regionally.
    Between 30 and 40 percent of the population are Africans, mostly 
from neighboring countries such as Mali and Burkina Faso, who may not 
claim citizenship legally. Birth in Ivorian national territory does not 
confer citizenship. The ethnic composition of the whole population 
including these noncitizens is quite different from that of the 
citizenry alone.
    Societal discrimination on the basis of ethnicity sometimes is 
practiced by members of all ethnic groups. Urban neighborhoods still 
have identifiable ethnic characteristics, and major political parties 
tend to have identifiable ethnic and regional bases, although 
interethnic marriage is increasingly common in urban areas.
    Some ethnic groups include many noncitizens, and their share of the 
electorate would be increased by enfranchising noncitizens. Other 
ethnic groups include few noncitizens, and their share of the 
electorate would be decreased by enfranchising noncitizens. There are 
societal and political tensions between these two sets of ethnic 
groups. This cleavage corresponds to some extent to regional 
differences; ethnic groups that include many non-citizens are found 
chiefly in the north. Members of northern ethnic groups that are found 
in neighboring countries as well as in the country often are required 
to document their citizenship, whereas members of politically powerful 
ethnic groups, such as the Baoule and the Agni, reportedly do not have 
this problem. Police routinely abuse and harass noncitizen Africans 
residing in the country. Official harassment reflects the frequently 
encountered conviction that foreigners are responsible for high local 
crime rates, as well as concern for Ivorian national identity.
    Election law changes in 1994 limited presidential candidates to 
those who could prove that both parents had been born in Cote d'Ivoire. 
This restriction was incorporated into the Constitution in June 1998. 
It is due to this restriction that the PDCI considered presidential 
hopeful Alassane Ouattara ineligible to run for president in the 2000 
elections. In July 1998, the Government tripled the cost of the 
residence permits for noncitizens. The Government requires citizens of 
other West African countries to carry these cards, but simultaneously 
it greatly reduced the cost of national identification cards for 
citizens. This discriminatory law tended to perpetuate the political 
disenfranchisement of noncitizens by making it harder for them to 
become citizens. It also tended to entrench the electoral power of 
ethnic groups that include relatively few noncitizens, such as the 
Baoule.
    Differences between members of the Baoule group and other ethnic 
groups, especially the Bete, are a major source of political tensions 
and have erupted repeatedly into violence, most recently in 1997. Many 
members of the Baoule group, which has long inhabited the east-central 
region, have settled in towns and on previously uncultivated land in 
other areas, especially in more westerly regions. In the past, the 
Government generally has viewed use of land as conferring de facto 
ownership of land. However, in December 1998, the National Assembly 
enacted the new Land Use Law, which establishes that land title does 
not transfer from the traditional owner to the user simply by virtue of 
use.
    Members of the Baoule ethnic group dominate the PDCI and were 
widely believed to hold disproportionate numbers of positions in the 
public sector, including the security forces, the civil service, and 
state-owned businesses during the Bedie regime (see Section 3). In 
1998, a serving non-Baoule army officer complained publicly in letters 
published in private newspapers about ethnic discrimination against 
non-Baoules in the armed forces, as did a former non-Baoule army 
officer in 1999; the serving officer was reprimanded by the Ministry of 
Defense.
    Security forces were accused of favoring Baoules in 1997 violence 
between members of the Baoule and Guere ethnic groups.
    In May 1998, the Government ordered the Dozos, a group of 
traditional hunters from the north and northwest regions, to cease 
activities ``outside the geographic and cultural sphere of their 
origin,'' and to surrender any modern weapons. Some reports pointed out 
that the Government's order came shortly after Dozos, some of whom long 
had served as bodyguards for ruling party politicians, began to perform 
security functions for opposition party leaders and rallies. Government 
and Dozo spokespersons indicated that the Government's order responded 
to infiltration of the Dozos by ``false Dozos'' who had begun to use 
excessive force in their private security roles.
    During the latter part of the year, tensions arose between Ivorian 
and non-Ivorian ethnic groups. In November a member of the native Krou 
ethnic group allegedly was killed by a Burkinabe in the southwestern 
region of Tabou. Following his death, a number of ethnic Krous attacked 
Burkinabe settlements, burning their homes and chasing more than 12,000 
persons to Burkino Faso; they had not returned to the country by year's 
end. On November 17, members of the Baoule ethnic group attacked the 
Malian population in Tiebissou after the death of a Baoule during a 
land use conflict. After the attack, several hundred persons fled the 
area. On December 7, members of the Baoule ethnic group allegedly 
attacked members of the Burkinabe population in Tiebissou, which 
resulted in many Burkinabes fleeing the region.
    In July 1998, members of the Agni ethnic group burned villages of 
descendants of Bozo immigrants in a fishing rights dispute and drove 
many Bozos back to their ancestral areas in Mali. Ghanaian Fanti 
fishermen similarly were driven out of parts of southwestern Cote 
d'Ivoire in December 1998.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers with the 
right to form unions. Registration of a new union requires 3 months. 
For almost 30 years, the government-sponsored labor confederation, the 
General Union of Workers of Cote d'Ivoire (UGTCI), dominated most union 
activity. The UGTCI's hold on the labor movement loosened in 1991 when 
several formerly UGTCI-affiliated unions broke away and became 
independent. In 1992 11 formerly independent unions joined together to 
form the Federation of Autonomous Trade Unions of Cote d'Ivoire. There 
are now also two other registered labor federations not affiliated with 
the Government.
    Although unions are legally free to leave the UGTCI and join 
another federation, in practice their choice is restricted by 
anticompetitive official discrimination in favor of the government-
affiliated UGTCI. In September 1998, after a 3-year struggle and with 
the assistance of the International Labor Organization, labor 
inspectors were obliged to organize an election of union delegates at 
the Sip Cata company in San Pedro, and to allow Dignite, an independent 
labor federation, to compete with the UGTCI. Dignite's candidates won 
the election, and the union switched its affiliation to Dignite.
    The right to strike is provided by the Constitution and by statute. 
The Labor Code requires a protracted series of negotiations and a 6-day 
notification period before a strike may take place, effectively making 
legal strikes difficult to organize. Although the UGTCI seldom has 
called strikes, it called a strike in June to protest continuing low 
wage increases and lack of funding for the social security and medical 
systems. Bailiffs and customs officers also struck. Non-UGTCI unions 
also called strikes of lawyers, garbage collectors, street cleaners, 
and taxi drivers.
    Twelve employees of the government broadcast media company, RTI, 
who had participated in an April 1997 strike that reportedly caused an 
interruption of RTI broadcasting, were tried in November and December 
1998 on charges, filed in May 1997, of disturbing public order, willful 
destructionof public property, and interfering with public services. 
They had been detained for 3 months in 1997. The judge finally rendered 
a verdict in January, acquitting six and convicting the other six. 
Those convicted were given suspended 6-month sentences and fines of $92 
(50,000 CFA francs) each (See Section 2.b.).
    Unions are free to join international bodies.
    b. The Right to Organize and Bargain Collectively.--The Labor Code 
grants all citizens, except members of the police and military 
services, the rights to join unions and to bargain collectively. 
Collective bargaining agreements are in effect in many major business 
enterprises and sectors of the civil service. In most cases in which 
wages are not established in direct negotiations between unions and 
employers, salaries are set by job categories by the Ministry of 
Employment and Civil Service. Labor inspectors have the responsibility 
to enforce a law that prohibits antiunion discrimination. There have 
been no known prosecutions or convictions under this law.
    There were no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--Forced labor is 
prohibited by law; however, the International Labor Organization's 
Committee of Experts in its 1993 annual report questioned a decree that 
places certain categories of prisoners at the disposal of private 
enterprises for work assignments without their apparent consent. There 
has been no change in this decree.
    The law prohibits forced and bonded child labor; however, the 
Government does not enforce this prohibition effectively, and children 
trafficked to the country were sold into forced labor (see Section 
6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--In most instances, the legal minimum working age is 16. 
However, the Ministry of Employment and Civil Service enforces this 
provision effectively only in the civil service and in large 
multinational companies. Labor law limits the hours of young workers, 
defined as those under the age of 18. However, children often work on 
family farms, and some children routinely act as vendors, shoe shiners, 
errand boys, car watchers, and washers of car windows in the informal 
sector in cities. There are reliable reports of some use of child labor 
in informal-sector mining and also of children working in ``sweatshop'' 
conditions in small workshops. Primary education is mandatory but far 
from universally enforced, particularly in rural areas. Many children 
leave the formal school system when they are between the ages of 12 and 
14, having failed secondary school entrance exams.
    Although the Government prohibits forced and bonded child labor, it 
does not enforce this prohibition effectively. There was widespread 
abuse of foreign children for forced labor on agricultural plantations 
(see Sections 6.c. and 6.f.).
    e. Acceptable Conditions of Work.--The Government administratively 
determines monthly minimum wage rates, which were last adjusted in 
1996. A slightly higher minimum wage rate applies for construction 
workers. The Government enforces the minimum wage rates only for 
salaried workers employed by the Government or registered with the 
social security office. Minimum wages vary according to occupation, 
with the lowest set at approximately $67.90 (36,607 CFA francs) per 
month, which is insufficient to provide a decent standard of living for 
a worker and family. The majority of the labor force works in 
agriculture or in the informal sector where the minimum wage does not 
apply.
    Through the Ministry of Employment and the Civil Service, the 
Government enforces a comprehensive Labor Code that governs the terms 
and conditions of service for wage earners and salaried workers and 
provides for occupational safety and health standards. Those employed 
in the formal sector generally are protected against unjust 
compensation, excessive hours, and arbitrary discharge from employment. 
The standard legal workweek is 40 hours. The law requires overtime 
payment on a graduated scale for additional hours.The Labor Code 
provides for at least one 24-hour rest period per week.
    Government labor inspectors can order employers to improve 
substandard conditions, and a labor court can levy fines if the 
employer fails to comply with the Labor Code. However, in the large 
informal sector of the economy involving both urban and rural workers, 
the Government's occupational health and safety regulations are 
enforced erratically, if at all. Workers in the formal sector have the 
right, under the Labor Code, to remove themselves from dangerous work 
situations without jeopardy to continued employment by utilizing the 
Ministry of Labor's inspection system to document dangerous working 
conditions. However, workers in the informal sector ordinarily cannot 
remove themselves from such labor without risking the loss of their 
employment.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons, and there were credible reports that it occurs. In 
September 1998, a private Abidjan daily newspaper exposed the 
widespread practice of importing and indenturing Malian boys for field 
work on Ivorian plantations under abusive conditions. For example, 
children recruited by Malians in the border town of Sikasso were 
promised easy and lucrative jobs in Cote d'Ivoire, transported across 
the border, and then sold to other Malians who dispersed them 
throughout the plantations of the central region. These children were 
forced to work 12-hour days in the fields and were locked at night in 
crowded sheds, with their clothing confiscated. The Governments of Mali 
and Cote d'Ivoire confirmed the reports. The Government of Mali and the 
United Nations Children's Fund (UNICEF) took steps to halt this 
trafficking and repatriate the children to Mali. About 100 children 
from Mali were returned to their families in 1998. In 1998 the 
Government of Mali arrested 5 persons in Sikasso who were responsible 
for trafficking. The extent of this practice was difficult to estimate, 
because many Malian adults also worked on Ivorian plantations in the 
same area under difficult conditions.
    Mali was not the only source of forced child labor used in the 
country. In January authorities repatriated 11 10- and 11-year old 
girls to Lagos, Nigeria from Abidjan.
    On June 11, 13 girls from Benin ranging from 4 to 10 years old were 
intercepted at Cote d'Ivoire's border with Ghana, and Beninese child 
traffickers Marcelin Dagbegnon and Antoine Assogba were arrested. 
According to Soir Info, an Abidjan daily newspaper, in 1998 Beninese 
police intercepted almost 1,000 children who were being ``sold into 
slavery'' in Cote d'Ivoire, Nigeria, Togo, Cameroon, and Gabon. In July 
police in Divo broke up a ring of child traffickers which had brought 
children from Burkina Faso to work on farms and plantations in Cote 
d'Ivoire. Police released and arranged for the repatriation of six 
teenagers and were seeking 11 others who already had been placed with 
Ivorian families by trafficker Madeleine N'Da Adjoua. In March 1998, 
police in Togo arrested 4 Beninese traffickers taking 22 Beninese 
children to Cote d'Ivoire by way of Togo.
                                 ______
                                 

                                DJIBOUTI

    On April 9, Djibouti elected its second president since gaining 
independence from France in 1977. Ismael Omar Guelleh, the candidate of 
the ruling party, the People's Rally for Progress (RPP), won the 
election with 74 percent of the vote. Opposition candidate Moussa Ahmed 
Idriss, of the Unified Djiboutian Opposition (ODU), received 26 percent 
of the vote. For the first time since multiparty elections began in 
1992, no group boycotted the election. Moussa Ahmed Idriss and the ODU 
later challenged the results based on election ``irregularities'' and 
the assertion that ``foreigners'' had voted in various districts of the 
capital; however, international and locally-based observers considered 
the election to be generally fair, and cited only minor technical 
difficulties. Guelleh took the oath of office as President on May 8 
with the support of an alliance between the RPP and the government-
recognized Section of the Afar-led Front for the Restoration of Unity 
and Democracy (FRUD). Gouleh succeeded former President Hassan Gouled 
Aptidon, whom he had served as chief of staff and a key advisor for 20 
years. The RPP, which has been in power since independence in 1977, 
continues to rule the country despite 1992 constitutional changes that 
permitted the creation of opposition political parties. Two main ethnic 
groups hold most political power: Somali Issas (the tribe of the 
President), and Afars. Citizens from other Somali clans (Issak, 
Gadabursi, and Darod), and those of Yemeni and other origins, are 
limited unofficially in their access to top government positions. In 
1994 the Government and a faction of the FRUD signed a peace accord, 
ending 3 years of civil war. In the accord, the Government agreed to 
recognize the FRUD as a legitimate political party. The Government 
named two FRUD leaders to Cabinet positions in 1995; however, part of 
the FRUD rejected the peace accord and remains opposed to the 
Government. Two other legal political parties have existed since 1992, 
the National Democratic Party (NDP) and the Party for Democratic 
Renewal (PRD); neither holds a parliamentary seat or a cabinet level 
post. In 1997 the ruling party coalition that includes the FRUD party 
won all 65 seats in legislative elections, which took place without 
international observers and amid opposition claims of massive fraud. 
The judiciary is not independent of the executive.
    The 8,000-member National Police Force (FNP) is responsible for 
internal security and border control, and is overseen by the Ministry 
of Interior. The Ministry of Defense oversees the army. The Gendarmerie 
Nationale, a police force responsible for the President's security, 
which previously had reported to the Ministry of Defense, is an 
autonomous unit under the presidency. A small intelligence bureau also 
reports directly to the President. Civilian authorities generally 
maintain effective control of the security forces, but there were 
instances in which the security forces acted independently of the 
Government's authority. Some members of the security forces committed 
human rights abuses.
    Djibouti has little industry and few natural resources. Services 
provide most of the national income. Minor mineral deposits remain 
mostly unexploited. Only a tenth of the land is arable and only 1 
percent is forested. Outside the capital city, the primary economic 
activity is nomadic subsistence. Citizens are free to pursue private 
business interests and to hold personal and real property. The part of 
the annual gross domestic product not generated by and for the foreign 
community, which includes some 8,000 French citizens, is estimated at 
no more than $250 per capita annually.
    The Government's human rights record remained poor. Although the 
April presidential elections were considered generally fair, the 1997 
parliamentary elections took place amid claims of massive fraud, and 
the RPP continues to control the political system to suppress organized 
opposition. Members of the security forces committed at least three 
extrajudicial killings. There were credible reports that security 
forces beat, otherwise abused, and at times tortured detainees, and 
raped female inmates. There were credible reports that soldiers raped 
women in rural districts, and police beat protesters. Prison conditions 
remained harsh. The Government continued to harass, intimidate, and 
imprison political opponents and union leaders and to arrest and detain 
persons arbitrarily. Prolonged detention and incommunicado detention 
remained problems. The judiciary is not independent of the executive 
and does not ensure citizens' due process. The Government also 
infringed on citizens' privacy rights. The Government at times 
restricted freedom of speech and of the press. Police occasionally 
jailed or intimidated journalists. The Government limited freedom of 
assembly, and restricted freedom of association. The Government 
discouraged proselytizing. There were some limits on freedom of 
movement. Violence and discrimination against women persisted, and the 
practice of female genital mutilation (FGM) continued to be widespread. 
Discrimination on the basis of ethnic and clan background persisted. 
The Government imposed limits on unions and their leaders, and there 
were reports of instances of forced labor. Child labor persisted.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Security forces 
committed several extrajudicial killings. On April 27, government 
forces in the vicinity of Oroborou in the Obock district killed three 
civilians, Abdallah Ahmed Mohamed Rebeh, Moussa Abdallah, and Ahmed 
Yagouri. Two of the victims were shot, and the third was stabbed to 
death. A fourth individual, Ali Mohamed Ali ``Derbi,'' was stabbed and 
left for dead. According to the Paris-based FRUD leader Ahmed Dini, the 
Government killed the civilians allegedly in retaliation for a series 
of landmine explosions that left several soldiers dead and many more 
wounded. On September 23, while attempting to arrest Moussa Ahmed 
Idriss, police officers fired shots after his supporters attempted to 
block the arrest, resulting in one death and two injuries. One of the 
injured included Moussa Ahmed Idriss's wife. (see Sections 1.d. and 
1.e.).
    On March 12, a political detainee died in the main prison under 
unexplained circumstances (see Section 1.c.).
    On August 15, an army helicopter exploded in an area of the 
Tadjourah district known for insurgent FRUD rebel activity, killing 
eight persons including two nurses and a doctor on a medical mission. 
Although the FRUD claimed responsibility, the Government cited 
mechanical failure.
    There continued to be numerous reports of fighting involving the 
army and Afar FRUD rebels. Landmine incidents related to the conflict 
resulted in a number of deaths during the year. On April 3, two 
civilians were killed and three were wounded in a landmine explosion on 
the road between Tadjourah and Obock. On April 14 and 15, landmines 
exploded in the Tadjourah district killing seven persons, including six 
policemen, and injuring seven others. On April 26, a landmine explosion 
killed four soldiers and injured four others in Medeho. In May a 
civilian transport vehicle hit a landmine, killing two girls and 
injuring seven others. A landmine explosion in July killed one civilian 
and injured five others. In late September, a landmine explosion killed 
three persons and injured three others in Tadjourah district.
    In 1998 gendarmes killed one man and injured another in downtown 
Djibouti when they shot into a crowd while attempting to make an 
arrest. The gendarmerie successfully prevented a police investigation 
into the incident, and no action has been taken against the gendarmes 
responsible.
    In 1998 soldiers killed two Afar community elders near Assa Gueyla, 
reportedly in retaliation for a landmine explosion. Relatives of the 
victims filed legal complaints against three officers stationed in 
Tadjora District, but the case was still pending at year's end. There 
has been no investigation into the 1997 police killing of Hassan Aden 
Farah, who was shot following a car chase. Police claimed that Farah 
was plotting to kill a high-level official.
    On March 4, the Paris-based Association for the Respect of Human 
Rights in Djibouti (ARHRD), and an unidentified citizen presented a 
complaint in a French court against former President Gouled and current 
President Guelleh alleging human rights violations, including summary 
executions. The complaint listed a series of human rights abuses and 
judicial abuses dating back to 1995.
    Reportedly charges were dropped in the legal proceedings against 
six soldiers accused of the 1995 killings of Randa's religious leader, 
Ali Houmed Souleh, and an associate.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    In May police detained an Ethiopian guard at a private residence, 
allegedly because he was an illegal immigrant. The guard's whereabouts 
were unknown at year's end.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution provides that no one shall be subjected 
to torture or to other inhuman, cruel, degrading, or humiliating 
punishments, and torture is punishable by 15 years' imprisonment; 
however, there continued to be credible reports that police and 
gendarmes routinely beat, otherwise physically abused, and at times 
tortured prisoners and detainees.
    On March 4, an unidentified citizen in conjunction with the ARHRD 
presented a claim in a French court (see Section 1.a.) against 
President Guelleh and former President Gouled, alleging that hehad been 
detained arbitrarily and tortured, and had suffered physical and 
psychological damage as a result. In April the ARHRD reported that 
Saleh Mohamed Dini, who was arrested on April 10 (see Section 1.d.), 
was tortured while in custody. In April more than 20 Afars were 
arrested in the Obock district for expressing support for the FRUD, and 
there were unconfirmed reports that some of the detainees were 
subjected to physical violence (see Section 1.d.). In May there was an 
unconfirmed report from a Paris-based NGO that police beat a civilian 
after trying to force him to walk on a landmine.
    On February 12, police used tear gas to break up a political rally 
and detained some of the participants for several hours (see Sections 
1.d. and 2.b.). On March 28, while trying to prevent a political rally 
from marching on the presidential palace, police forces beat several 
participants severely, injuring up to 24 persons, at least three 
seriously (see Section 2.b.). The police also used tear gas, fired guns 
into the air, and arrested many of the participants (see Sections 1.d. 
and 2.b.). In August police used tear gas to disperse a crowd that had 
gathered outside the Ministry of Justice to protest the arrest of two 
opposition journalists (see Sections 2.a. and 2.b.).
    There were unconfirmed reports that government security forces in 
the northern districts denied access to food and water to citizens who 
refused to declare loyalty to the Government and renounce the FRUD.
    An Eritrean illegal immigrant woman, Zenaba Agoden, was raped by 
soldiers while in detention in Obock. As a result of the rape, she 
suffered paralysis over one side of her body and required several 
months of hospitalization. Reportedly no investigation was made into 
the incident and no action was taken against the officers responsible. 
In recent years there have been credible reports that security force 
personnel raped at least 120 Afar women in the northern districts of 
Obock and Tadjourah (see Section 5). In almost all cases the victims 
did not press charges due to shame and fear.
    In February an unknown person threw a hand grenade into an Arabic 
class at Dikhil's junior high school, injuring five students.
    On May 23, a hand grenade thrown from a passing vehicle exploded 
outside the house of Jean-Paul Noel Abdi, president of the newly-formed 
Djiboutian Human Rights League. A teenage boy walking past the compound 
was injured seriously; his injuries were exacerbated by the fact that 
he was left unattended while the police and the gendarmes argued over 
jurisdiction.
    Landmine explosions during the year resulted in a number of deaths 
and injuries (see Section 1.a.).
    There were reports of injuries in May as a result of clashes 
between unemployed citizens and Ethiopians in various parts of the 
capital. On May 26, a gang of approximately 30 unemployed youths, 
apparently upset that Ethiopians were hired for a construction project 
for a new Ethiopian Embassy compound, began attacking Ethiopians. The 
attacks continued for several days and resulted in numerous injuries on 
both sides. The great majority of those attacked were refugees.
    Prison conditions are harsh and prisons are severely overcrowded. 
Gabode prison, built for 350 persons, at times housed nearly twice that 
number. The Government sometimes shortens prison terms to reduce 
overcrowding. The Ministry of Justice estimates that 60 percent of 
prisoners are illegal Ethiopian immigrants who have committed crimes in 
the country. Children under the age of 5 of female inmates sometimes 
are allowed to stay with their mothers; authorities say that milk is 
provided for them. Prisoners reportedly must pay authorities to obtain 
food. Health care sources reported that prison guards raped female 
inmates. Several prisoners were reported to be suffering from untreated 
illnesses or gunshot wounds received during arrest. Medical care is 
inadequate, and the prison infirmary lacks sufficient medication. In 
April approximately 40 prisoners at Gabode prison went on a hunger 
strike to protest the health conditions of prisoners in the prison. 
There are no educational or rehabilitation facilities within the 
prison. Ministry of Justice officials said that lack of funding hampers 
their ability to provide even minimal services. In principle, juveniles 
are housed separately from adult prisoners; however, in practice, this 
is not always the case.
    On March 12, Abdi Houfaneh Liban, a 35-year old political prisoner 
arrested in April 1998, died under unexplained circumstances. 
Djiboutian human rights groups in France asserted that Abdi's death was 
caused by harsh living conditions in the Gabode prison. Some opposition 
supporters believe that Abdi's death might have been due to poisoning. 
A foreign journalist who visited the prison shortly after Abdi's death 
believes that Abdi died after taking incorrect medication. The 
journalist noted that the prison infirmary was poorly stocked and 
prisoners often were given incorrect medications.
    Conditions at Nagad detention center, where Ethiopians are held 
prior to deportation, also are extremely harsh. Detainees at Nagad are 
held in unsanitary conditions and often are not fed for several days 
before their deportation.
    An International Committee of the Red Cross (ICRC) delegate from 
Kenya made quarterly visits to the main prison; however, in May the 
Government denied access to the prison to an ICRC delegate and a doctor 
from Nairobi, Kenya. On May 4, in response to media criticism of prison 
conditions, the Government organized a prison visit by a delegation 
consisting of domestic human rights monitors, doctors, and attorneys. 
During the fall, human rights activists were permitted to visit several 
detainees, including Moussa Ahmed Idriss, General Wais, and Daher Ahmed 
Farah (see Section 1.d.).
    d. Arbitrary Arrest, Detention, or Exile.--Despite legal 
protections, arbitrary arrest and detention remained problems. The 1995 
Penal Code stipulates that the State may not detain a person beyond 48 
hours without an examining magistrate's formal charge. Detainees may be 
held another 24 hours with the prior approval of the public prosecutor. 
All persons, including those accused of political or national security 
offenses, must be tried within 8 months of arraignment. Nevertheless, 
the police often disregarded these procedures, typically arresting 
persons without warrants (see Section 1.f.), and sometimes detaining 
them for lengthy periods without charge. The penal code provides for 
bail and expeditious trial. Incommunicado detention is used.
    In April more than 20 Afars were arrested in the Obock district for 
expressing support for the FRUD. After 4 days of detention in a 
military camp at Medeho, five men were released, one was detained 
further, and nine were transferred to a police prison near the capital. 
There were unconfirmed reports that some of the detainees were 
subjected to physical violence. On February 12, police detained three 
ODU party leaders and six busloads of ODU supporters, including human 
rights attorney Aref Mohamed Aref, for several hours after dispersing a 
political rally with tear gas (see Section 1.c. and 3). Some ODU 
members were detained for more than 7 hours.
    On February 15, Aref was arrested again and imprisoned on charges 
of fraud stemming from a 1994 commercial transaction. After a 2-hour 
trial marred by legal irregularities, Aref was sentenced to 2 years in 
prison (see Section 1.e.). He was released from prison on May 11 as 
part of a presidential amnesty program (see Section 1.e.).
    On March 28, police arrested 17 supporters of opposition 
presidential candidate Moussa Ahmed Idriss who were attempting to march 
on the presidential palace, charged them with disturbing the peace, 
fined them, and released them after a few days (see Sections 1.c. and 
2.b.).
    On April 10, police arrested Saleh Mohamed Dini, the chief of 
Mabla, allegedly because he insulted President Guelleh. On May 23, 
after a hand grenade exploded in front of the house of Djiboutian Human 
Rights League President Jean-Paul Noel Abdi (see Section 1.c.), police 
arrested Abdi and several others who were in the residence at the time 
of the attack. Some members of the League, as well as several women and 
children who lived in rented rooms within Abdi's house, were detained 
for up to 6 hours. Three of the women and a 4-year-old girl were held 
for more than a day. Abdi and two other members of the League who were 
inside the house at the time of the attack were rearrested 4 days after 
the attack, and held in protective custody for 2 days.
    On June 16, police arrested and detained Abdoulfatah Moussa Ahmed, 
the son of opposition leader Moussa Ahmed Idriss. He was released on 
June 20, rearrested on June 21, and charged with an economic crime; his 
case was still pending at year's end.
    On August 28, police arrested two opposition newspaper editors, 
Daher Ahmed Farah and Ali Meidal Waiss, and charged them with 
distributing false information after their newspapers reprinted a 
letter from Ahmed Dini, claiming responsibility for the downing of an 
army helicopter (see Sections 1.a. and 2.a.). On September 2, a court 
sentenced both journalists to 1 year in prison and a fine of 
approximately $5,650 (1 million DF). In December they were released as 
part of a presidential amnesty (see Section 1.e.). On September 23, 
police arrested Moussa Ahmed Idriss on charges of behavior inciting 
sedition. The police also arrested 19 of his supporters who attempted 
to prevent his arrest (see Section 1.e.). Moussa Idriss was sentenced 
to 8 months' imprisonment, subsequently reduced to 4 months, and fined; 
however, he was released in December as part of a presidential amnesty 
(see Section 1.e.). Mousssa Idriss's 19 supporters were also among 
those released in the December amnesty.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the judiciary is not 
independent of the executive. Constitutional provisions for a fair 
trial are not respected universally, even in nonpolitical cases, 
because of interference from the executive branch. Since ministerial 
changes in December 1997, the Justice Minister is officially 
responsible for human rights.
    The judiciary, based on the French Napoleonic code, comprises a 
lower court, appeals courts, and a Supreme Court. There are no longer 
``special courts'' to try cases outside normal judiciary channels. The 
Supreme Court can overrule decisions of the lower courts. Magistrates 
are appointed for life terms. The Constitutional Council rules on the 
constitutionality of laws, including those related to the protection of 
human rights and civil liberties; however, its rulings are not always 
respected.
    The legal system is based on legislation and executive decrees, 
French codified law adopted at independence, Shari'a law, and nomadic 
traditions. Urban crime is dealt with in the regular courts in 
accordance with French-inspired law and judicial practice. Civil 
actions may be brought in regular or traditional courts. Shari'a law is 
restricted to civil and family matters.
    Traditional law (Xeer) often is used in conflict resolution and 
victim compensation. For example, traditional law often stipulates that 
a blood price be paid to the victim's clan for crimes such as murder 
and rape.
    The Constitution states that the accused is innocent until proven 
guilty and has the right to legal counsel and to be examined by a 
doctor if imprisoned. Although trials are public officially, in 
politically sensitive cases security measures effectively prevent 
public access. Legal counsel is supposed to be available to the 
indigent in criminal and civil matters; however, defendants often do 
not have representation. 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 are thought to possess sufficient legal sophistication 
to comprehend court proceedings. The Government chooses assessors from 
the public at large, but credible reports indicate that political and 
ethnic affiliations play a role in the selection.
    On February 15, human rights attorney Aref Mohamed Aref was 
arrested and imprisoned for fraud stemming from a 1994 commercial 
transaction. Aref's 2-hour trial was marked by legal irregularities and 
may have been influenced by Aref's long-time stance as a critic of the 
Government's record on human rights. The Government repeatedly refused 
to allow Aref to be represented by a French attorney despite a 
bilateral accord permitting such representation. After 5 minutes of 
deliberation, the judge sentenced Aref to 2 years in prison. He was 
transferred immediately to Gabode prison and placed in a small solitary 
cell normally used for the most dangerous criminals. Aref was released 
from prison on May 11 as part of a presidential amnesty program; 
however, by year's end his passport was not returned. In 1997 the 
Djiboutian Bar Association had disbarred Aref and his colleague Djama 
Amareh Meidal for alleged irregularities in their representation of a 
client in a 1994 commercial transaction. Aref and Meidal remained 
disbarred at year's end.
    On September 16, the National Assembly lifted the parliamentary 
immunity of Moussa Ahmed Idriss. He was arrested on September 23 on 
charges of behavior inciting sedition. Nineteen of his supporters who 
tried to block the arresting police were arrested at the same time (see 
Section 1.d.). Moussa Idriss was sentenced to 8 months' imprisonment, 
subsequently reduced to 4 months, and fined. Several dates to hear his 
appeal of the sentence were deferred; however, he was released on 
December 7 as part of a presidential amnesty.
    On May 11, the President granted amnesty to and released Aref 
Mohamed Aref and 40 common criminals. Of the more than 40 political 
prisoners held in Gabode prison, only Aref was released at that time. 
None of the imprisoned FRUD supporters, who are considered terrorists 
by the Government, received amnesty. On December 7, the Government 
announced that, in honor of Ramadan, the President had signed a decree 
approved by the Council of Ministers that granted a general amnesty to 
all prisoners serving sentences of 2 years or less, and reducing the 
sentences by 6 months of all prisoners serving sentences of more than 2 
years. Recipients of the amnesty included Moussa Ahmed Idriss, Daher 
Ahmed Farah, Ali Meidal Wais, and other persons imprisoned on political 
grounds during the year. The creation of the Committee for the Support 
of Political Prisoners (CSPP) was announced in February 1998 (see 
Section 4). The CSPP reported that the Government held 52 political 
prisoners, including 12 relatives of former cabinet director Ismael 
Guedi Hared who were arrested in October 1998, allegedly for hoarding 
weapons, and 40 FRUD dissidents who had been handedover by Ethiopian 
authorities or were FRUD rebels captured in clashes with the army.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the inviolability of the 
family, home, correspondence, and communications; however, the 
Government infringed on these rights. The law also requires that the 
authorities obtain a warrant before conducting searches on private 
property; however, in practice the Government does not always obtain 
warrants before conducting such searches, and it reportedly monitors 
and sometimes disrupts the communications of some regime opponents. 
Authorities harassed the family members of opposition leaders (see 
Section 3).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of the press; however, at times the Government restricted this 
right in practice. The law prohibits the dissemination of false 
information and regulates the publication of newspapers. The 
Constitution prohibits slander.
    The Government owns the principal newspaper, La Nation, which in 
April expanded publication from weekly to biweekly printings. There are 
several opposition-run weekly and monthly publications that circulate 
freely and openly criticize the Government. However, journalists, and 
even vendors of opposition newspapers, occasionally are jailed or 
intimidated by police.
    The Government also owns the radio and television stations. The 
official media generally are uncritical of government leaders and 
government policy.
    In April the Government banned for a period of several weeks a 
local FM station from broadcasting Radio France International (RFI) 
after RFI reported on a group of hunger strikers in Paris protesting 
Djiboutian prison conditions.
    On August 28, two opposition newspaper editors, General Ali Meidal 
Wais and Daher Ahmed Farah (also known as DAF), were arrested and held 
on charges of distributing false information. Wais, the former head of 
the armed forces, is a high-ranking member of the ODU, and editor of 
the ODU newsletter Le Temps. DAF is President of the PRD and editor of 
the opposition newspaper Le Renouveau. Wais and DAF were arrested after 
Le Temps and Le Renouveau reprinted a letter in which the Paris-based 
FRUD leader Ahmed Dini claimed responsibility for the downing of an 
army helicopter (see Section 1.a.). Police forces detained the two men 
overnight before charging them and transferring them to Gabode prison. 
On September 2, a court sentenced both journalists to 1 year in prison 
without parole and fined them approximately $5,650 (1 million DF). Both 
were released in December as part of a presidential amnesty (see 
Section 1.e.). The court also banned publication of Le Temps and Le 
Renouveau for six months. With the release of their editors in the 
December amnesty, the ban lapsed; however, no issues were published 
between December 8 and December 31.
    On October 22, the Government detained two foreign journalists whom 
it accused of attempting to ``tarnish the image'' of the country.
    There are no specific laws or criminal sanctions that threaten 
academic freedom. In general, teachers may speak and conduct research 
without restriction, provided that they do not violate sedition laws.
    b. Freedom of Peaceful Assembly and Association.--The right to free 
assembly is provided for in the Constitution; however, the Government 
limited this right in practice. The Ministry of Interior requires 
permits for peaceful assembly and monitors opposition activities. While 
permits generally are approved, the Government commonly uses a show of 
police force and threatening tactics to intimidate and discourage 
would-be demonstrators. Some opposition leaders effectively practiced 
self-censorship and, rather than provoke a Government crackdown, 
refrained from organizing popular demonstrations.
    On February 12, police detained three ODU party leaders and six 
busloads of ODU supporters, including human rights attorney Aref 
Mohamed Aref, for several hours after dispersing a political rally with 
tear gas (see Sections 1.c. and 1.d.). On March 28, police used tear 
gas and fired guns into the air to prevent approximately a thousand 
supporters of opposition presidential candidate Moussa Ahmed Idriss 
from marching on the presidential palace. Police broke up the crowd and 
arrested 17 persons after participants threw rocks at them. The 
opposition asserted that several more supporters were injured, some 
seriously, and witnesses to the incident saw police beating protesters. 
InAugust police used tear gas to disperse a crowd of approximately 200 
persons who gathered outside the Ministry of Justice to protest the 
arrest of two opposition journalists (see Sections 1.c. and 2.a.).
    The Constitution provides for freedom of association provided that 
certain legal requirements are met; however, the Government restricts 
this right in practice. A referendum held in 1993 approved limiting the 
number of political parties to four. This result has not yet been 
codified into law. The Government took advantage of an absence of 
leadership in the main opposition party, the PRD, following the late 
1996 death of its leader, and conferred legal recognition on what 
appeared to be the weaker half of the party. In 1997 police detained 
the leader of the unrecognized PRD faction, DAF, and charged him in a 
closed hearing with illegally operating a political party, illegally 
publishing a newspaper, disseminating false information, forgery (for 
the use of party seals), usurping a title, and organizing an illegal 
demonstration. In 1997 DAF was given ``provisional liberty,'' which 
granted him freedom while his case was pending. His case was dropped in 
early 1999; however, on August 28, DAF was arrested again and charged 
with disseminating false information (see Section 2.a.).
    Nonpolitical associations must register and be approved by the 
Ministry of Interior.
    c. Freedom of Religion.--The Constitution, while declaring Islam to 
be the state religion, provides for freedom of religion, and the 
Government generally respects this right in practice; however, 
proselytizing is discouraged. In May, the President declared that Islam 
would be a central tenet of his Government, and named the Qadi, the 
country's senior judge of Islamic law, as Minister of State for 
Charitable and Religious Affairs, reporting to the Minister of Justice, 
whose functions include ``fostering tolerance.'' Although Islam is the 
state religion, the Government imposes no sanctions on those who choose 
to ignore Islamic teachings, or practice other faiths. Virtually the 
entire population is Sunni Muslim.
    The Government requires that religious groups be registered. There 
were no reports that the Government refused to register any religious 
groups.
    On several occasions, groups of Ethiopian Pentecostal Christians 
were detained during prayer meetings, but were released after a few 
days. These arrests reportedly were due to loud singing that disturbed 
neighbors or to a general crackdown on illegal residents, rather than 
to the Ethiopians' religious faith.
    There is no legal prohibition against proselytizing, but 
proselytizing is discouraged. Foreign clergy and missionaries are 
permitted to perform charitable works and to sell their religious 
books. A small number of foreign Christian missionary groups operate in 
the country. The groups, which focus on humanitarian services in the 
education and health sectors, reportedly faced no harassment during the 
year. Foreign missionary groups are licensed by the Government to run 
schools.
    Islamic law based on the Koran is used only with regard to family 
matters, and is administered by the Qadi. Civil marriage is permitted 
only to non-Muslim foreigners. Muslims are required to marry in a 
religious ceremony, and non-Muslim men can only marry a Muslim woman 
after converting to Islam.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution allows freedom of 
movement; however, there were instances in which authorities limited 
this right. In general citizens may travel or emigrate without 
restriction or interference. However, a judge may order a passport 
seized for those under judicial surveillance or awaiting trial. In 
October 1998, the passport of GDR leader Moumin Bahdon Farah was seized 
despite the fact that a court had ordered that his passport be returned 
to him to enable him to leave the country. In December 1998, 
authorities seized the passport of human rights attorney Aref Mohamed 
Aref. Neither Moumin's nor Aref's passports were returned by year's 
end.
    Up to 18,000 Afars sought asylum in Ethiopia during the 1991-94 
civil war. At least 10,000 are believed to have repatriated themselves 
since the 1994 peace accord. According to Ethiopian authorities, no 
Djiboutian Afars remain in Ethiopia; however, because the displaced 
Afars were not in refugee camps, and because Afars are indigenous to 
Ethiopia and Eritrea as well, it is difficult to estimate their number.
    The law provides for the granting of refugee or asylum status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government offers first asylum; 
however, the government committee responsible for determining refugees' 
status has not met since 1995, and theGovernment does not recognize 
those refugees under the protection of the U.N. High Commission for 
Refugees (UNHCR) absent this approval.
    The country hosts up to 100,000 refugees and illegal immigrants 
from neighboring countries, equal to about one-fifth of the population. 
These numbers have increased since May 1998 due to the still unresolved 
border conflict between Eritrea and Ethiopia. The UNHCR assists 21,000 
Somali and 1,000 Ethiopian residents of the two remaining refugee 
camps. Some 2,500 Ethiopian and Somali urban refugees are registered 
with the UNHCR office in Djibouti City.
    There has been no major repatriation effort since the UNHCR's 1994-
96 repatriation of 35,000 Ethiopian refugees and migrants from the 
capital. The Djiboutian National Office for the Assistance of Refugees 
and Displaced Persons reported that it deports up to a thousand 
Ethiopians each week.
    In May clashes between unemployed citizens and Ethiopians led to a 
number of injuries (see Section 1.c.).
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
Government, and citizens exercised this right through a democratic 
process in presidential elections held in April. RPP candidate Ismael 
Omar Guelleh, the designated successor of former President Hassan 
Gouled Aptidon, won the April 9 election with 74 percent of the vote. 
ODU candidate Moussa Ahmed Idriss received 26 percent of the vote. For 
the first time since multiparty elections began in 1992, no group 
boycotted the vote. Although Moussa Ahmed Idriss and the ODU challenged 
the results, alleging election ``irregularities'' and asserting that 
``foreigners'' voted in various districts of the capital, international 
and domestic observers considered the election to be generally fair, 
citing only minor irregularities. All five of the districts were 
visited by at least 1 of the 22 international observers on election 
day. Observers representing the Arab League, the International 
Organization of Francophone States (La Francophonie), and the 
Organization of African Unity (OAU) issued a joint communique that 
expressed satisfaction with the transparency of the election, citing 
only minor technical problems. Representatives of both candidates were 
present in virtually all voting stations and there was no ethnic strife 
among Afars, Yemenis, and Somalis. Large numbers of persons of all 
communities supported both candidates. However, in the December 1997 
legislative elections the RPP alliance with the legal FRUD party won 
all 65 seats. The elections took place without international observers 
amid opposition claims of fraud.
    The RPP, which has been in power since independence in 1977, 
continues to rule the country. The RPP also continues to control 
carefully the implementation of the four-party system to suppress any 
organized opposition. There is no independent election commission. 
Previous efforts by both the legal and unrecognized opposition parties 
to unify also floundered due to disagreements among their leaders over 
who should lead a unified opposition.
    The 1994 peace agreement between the Government and the FRUD 
required that FRUD members be included in senior government positions. 
Two FRUD members were named to the Cabinet in June 1995, and in May 
1999, two new FRUD members were appointed to the Cabinet. A former FRUD 
military commander was appointed to the Defense portfolio and another 
FRUD member assumed the Health portfolio. The government-recognized 
faction of the FRUD was registered as a political party in 1996. The 
unrecognized FRUD faction includes members who refused to accept the 
terms of the peace accord, as well as Afars extradited from Ethiopia in 
1997 (see Section 2.d.).
    Government harassment of opposition leaders was a problem. On 
August 28, police arrested Daher Ahmed Farah, the president of the PRD, 
along with General Wais, a high ranking member of the ODU, for 
distributing false information (see Sections 1.d. and 2.a.). On 
September 23, Moussa Ahmed Idriss, the opposition presidential 
candidate, and some of his followers were arrested (see Sections 1.d. 
and 1.e.). In May 1998, Moumin Bahdon, the President of the GDR, was 
questioned about his links with FRUD rebels and in October 1998, his 
passport was taken from him despite the fact that a court had ordered 
that his passport be returned to him to enable him to leave the country 
(see Section 2.d.). Bahdon's family members claimed that they faced 
constant harassment from the Government, for example, with respect to 
access to schooling for children.
    On February 12, police used tear gas to break up a political rally 
and detained some of the participants for several hours (see Sections 
1.d. and 2.b.). In March while trying to prevent a political rally from 
marching on the presidential palace, policeforces beat several 
participants severely, used tear gas, fired guns into the air, and 
arrested many participants (see Sections 1.d. and 2.b.).
    Although legally entitled to participate in the political process, 
women largely have been excluded from senior positions in government 
and in the political parties, and are underrepresented in government 
and politics. On May 18, the new President announced the appointment of 
the first female minister to his cabinet. Hawa Ahmed Youssouf was 
designated as Minister of State for the Promotion of Women's, Family, 
and Social Affairs, and reports to the Prime Minister. Khadija Abeba, 
President of the Supreme Court, is the highest-ranking female official 
and, according to the Constitution, would become interim President 
should that position become vacant.
    The President's subclan, the Issa Mamassans, wields 
disproportionate power in affairs of state. Afars hold a number of high 
Ministerial posts, but are not well represented at lower levels. Somali 
clans other than the Issa and Djiboutians of Yemeni origin are limited 
unofficially to one ministerial post each. There are also informal 
limits on the number of seats for each group in the Parliament.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government remains antagonistic to the formation of local human 
rights groups. The Association for the Defense of Human Rights and 
Liberties (ADDHL), which ceased operations in 1997, briefly resumed 
activity as a progovernment organization in 1998 but did not resume its 
investigations into, or criticisms of, human right abuses. The ADDHL 
was inactive during the year.
    The formation of the Committee in Support of Political Prisoners 
(CSPP) was announced in February 1998. The Committee's goal is to 
publicize the plight of political prisoners and mobilize support for 
the improvement of prison conditions and for the release of political 
prisoners. The leader of the newly-formed Djiboutian Human Rights 
League, Jean-Paul Noel Abdi, was detained without charges twice during 
the year. In May, a hand grenade was thrown into his compound by 
unknown persons (see Section 1.c.).
    The Union of Djiboutian Women (UNFD) and the Djiboutian Association 
for the Promotion of the Family (ADEPF) promote the rights of women and 
children.
    The ICRC maintains a small office that is staffed locally. The ICRC 
regional representative who is based in Nairobi makes quarterly visits.
    A post of government ombudsman was created by presidential decree 
in October and the first incumbent took office in November.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination on the basis of language, 
race, sex, or religion; however, discrimination against women and 
ethnic minorities persists. In particular, the Government's enforcement 
of laws to protect women and children is weak.
    Women.--Violence against women exists but reported cases are few. 
The Government has been concerned about the problem of rape, and the 
1995 revised Penal Code includes sentences of up to 20 years' 
imprisonment for rapists. More than 80 such cases were tried during the 
year, but only a few led to conviction. Violence against women normally 
is dealt with within the family or clan structure rather than in the 
courts. The police rarely intervene in domestic violence incidents, and 
the media report only the most extreme examples, such as murder. In 
almost all the cases of the rape of Afar women by soldiers in recent 
years, the victims did not press charges due to shame and fear (see 
Section 1.c.).
    Women legally possess full civil rights, but custom and traditional 
societal discrimination in education dictate that they play a secondary 
role in public life and have fewer employment opportunities than men. 
Few women work in managerial and professional positions; women largely 
are confined to trade and secretarial fields. Customary law, which is 
based on Shari'a (Islamic law), discriminates against women in such 
areas as inheritance, divorce, and travel (see Section 2.d.). Male 
children inherit larger percentages of an estate than do female 
children. Women are not permitted to travel without the permission of 
an adult male relative. The few educated womenincreasingly turn to the 
regular courts to defend their interests.
    Children.--The Government devotes almost no public funds to the 
advancement of children's rights and welfare. A few charitable 
organizations work with children. Primary education is compulsory; 
however, the Government does not monitor compliance. Many schools are 
in poor condition and need upgrading. The number of classrooms for 
secondary students is inadequate, and only approximately 20 percent of 
children who start secondary school complete their education. More than 
53 percent of the population is illiterate: only 32 percent of girls 
are literate compared with 60 percent of boys. Only 62 percent of girls 
attend primary school compared with 73 percent of boys, and only 23 
percent of girls attend secondary school compared with 33 percent of 
boys. Girls made up only 36 percent of all secondary students. The 
Government in November reaffirmed its 1998 commitment to increase the 
number of female students in the educational system to 50 percent, and 
significant progress was made toward this goal in the primary grades. 
The new Government announced its intention to revitalize the education 
sector during the course of a national week-long symposium on education 
policy held in December with the support of the Ministry of Education. 
Participants included representatives of the education profession, 
parents, students, and other interested parties.
    According to a recent report, as many as 98 percent of females age 
7 or older have undergone female genital mutilation, which is widely 
condemned by international health experts as damaging to both physical 
and psychological health. FGM traditionally is performed on girls 
between the ages of 7 and 10. In 1988 the Union of Djiboutian Women 
(UNFD) began an educational campaign against infibulation, the most 
extensive and dangerous form of FGM. The campaign has had only a 
limited impact on the prevalence of this custom, particularly in rural 
areas, where it is pervasive. After the 1995 U.N. Women's Conference in 
Cairo, Egypt, the UNFD declared that all forms of mutilation should be 
forbidden. The revised Penal Code that went into effect in 1995 states 
that ``violence causing genital mutilation'' is punishable by 5 years' 
imprisonment and a fine of over $5,650 (1 million DF). However, the 
Government has not yet convicted anyone under this statute. The efforts 
of the UNFD and other groups appeared to be having some effect, at 
least in the capital city. In 1997 some health workers reported a 
precipitous drop in the number of hospitalizations related to FGM in 
Djibouti City. Many believe that the incidence of the most extreme 
procedure, infibulation, has decreased, although no systematic data was 
available on the problem. U.N. and other experts believe that lesser 
forms of FGM still were widely practiced and that infibulation still 
was common in rural areas.
    Child abuse exists, but is not thought to be common. The Government 
has not addressed child abuse, which often is punished lightly; for 
example, when a child is raped or abused, the perpetrator usually is 
fined an amount sufficient to cover the child's medical care. The 
Government has not used applicable existing provisions of the Penal 
Code to deal with child abuse more severely.
    People with Disabilities.--The Government does not mandate 
accessibility to buildings or government services for the disabled. 
Although disabled persons have access to education and public health 
facilities, there is no specific legislation that addresses the needs 
of the disabled, and there are no laws or regulations that prevent job 
discrimination against disabled persons. The disabled have difficulty 
finding employment in an economy where at least 60 percent of the able-
bodied adult male population is underemployed or jobless.
    National/Racial/Ethnic Minorities.--The Government continued to 
discriminate against citizens on the basis of ethnicity in employment 
and job advancement. Somali Issas are the majority ethnic group and 
control the ruling party, the civil and security services, and the 
military forces. Discrimination based on ethnic and clan affiliation 
limited the role of members of minority groups and clans, particularly 
the Afar minority ethnic group, in government and politics.
Section 6. Worker Rights
    a. The Right of Association.--Under the Constitution, workers are 
free to join unions and to strike provided that they comply with 
legally prescribed requirements; however, the Government limits these 
rights. Since 1992 unions have been free to join or form other 
confederations. The state body, the General Union of Djiboutian Workers 
(UGTD), and the Union of Djiboutian Workers (UDT) formed a 
confederation in 1995 and have gained increasing support despite 
governmentharassment. In 1996 the Government sealed the headquarters of 
the UDT/UGTD confederation, and UDT/UGTD confederation bank accounts 
remained frozen at year's end. Nevertheless, in the small formal 
economy, about 70 percent of workers are members of the combined UDT/
UGTD confederation. Previously the Government controlled individual 
unions by making membership mandatory in the state-organized labor 
confederation. To counter the UDT/UGTD, the Government created the 
Djiboutian Labor Congress composed of Ministry of Labor officials. At 
its June 1997 meeting, the International Labor Organization (ILO) 
determined that the Government had violated the ILO constitution by not 
allowing a member of the UDT/UGTD confederation to join the workers' 
delegation at the meeting.
    In 1998 after a visit from an ILO delegation, the Government agreed 
to begin a dialog with the UDT/UGTD regarding the creation of a 
tripartite labor commission consisting of unions, government, and 
business representatives. The Government also accepted an invitation to 
the ILO June 1998 meeting in Geneva; however, the Government did not 
send representatives to Geneva and did not begin the promised dialog. 
As a result of the ILO visit, the UDT/UGTD were able to reclaim their 
headquarters in 1998, which had been taken from them in 1996. However, 
their bank accounts remained frozen at year's end. During the year, a 
rival UDT/UGTD was created with government support. The new faction of 
the UDT/UGTD remains unrecognized by the original union leaders.
    The law requires representatives of employees who plan to strike to 
contact the Interior Ministry 48 hours in advance. Teachers' strikes 
continued during the year, primarily to protest delays in salary 
payments and a lack of equipment and teaching materials. Kamil Hassan, 
a schoolteacher, who previously had been detained in February 1997 as a 
leader of a teacher's strike, still was not permitted to teach in 
public schools.
    Unions are free to maintain relations and exchanges with labor 
organizations abroad. The UDT has been a member of the International 
Confederation of Free Trade Unions (ICFTU) since 1994.
    b. The Right to Organize and Bargain Collectively.--Although labor 
has the legal right to organize and bargain collectively, collective 
bargaining rarely occurs. Relations between employers and workers are 
informal and paternalistic. Wage rates generally are established 
unilaterally by employers on the basis of Ministry of Labor guidelines. 
In disputes over wages or health and safety problems, the Ministry of 
Labor encourages direct resolution by labor representatives and 
employers. Workers or employers may request formal administrative 
hearings before the Ministry's inspection service, but critics claim 
that the service suffers from poor enforcement, due to its low priority 
and inadequate funding. The law prohibits antiunion discrimination, and 
employers found legally guilty are required to reinstate workers fired 
for union activities. However, the Government does not appear to 
enforce the law.
    An export processing zone (EPZ) was established in 1994. Firms in 
the EPZ are exempt from the Government's social security and medical 
insurance programs. Instead, they must provide either government or 
private accident insurance. The minimum wage in the EPZ is 
approximately $1 (176 DF) per hour. Although the regular workweek is 40 
hours, in the EPZ it is 45 hours. An employee who works for the same 
firm in the EPZ for at least 1 year has the right to 15 days' annual 
leave, compared with 30 days in the rest of the country (see Section 
6.e.). Discussions took place during the year on the creation of a 
``free trade zone'' that would offer certain benefits and exemptions to 
foreign investors.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
all forced or compulsory labor, including by children; however, while 
the law generally is observed, there are reports that members of the 
security forces sometimes compel illegal immigrants to work for them 
under the threat of deportation. There were no reports of forced child 
labor.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits all labor by children under the age of 
14, but the Government does not always enforce this prohibition 
effectively, and a shortage of labor inspectors reduces the likelihood 
of investigation. Children generally are not employed for hazardous 
work. Children may and do work in family-owned businesses, such as 
restaurants and small shops, at all hours. The law prohibits forced or 
compulsory labor, including by children, and there were no reports of 
forced child labor (see Section 6.c.)
    e. Acceptable Conditions of Work.--Only a small minority of the 
population is engaged in wage employment. The Government 
administratively sets minimum wage rates according to occupational 
categories, and the Ministry of Labor is charged with enforcement. The 
monthly wage rate for unskilled labor, set in 1976, is approximately 
$90 (15,840 DF). Most employers pay more than the minimum wage. Some 
workers also receive housing and transportation allowances. The minimum 
wage for unskilled labor 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. Some 
employers ask employees to work up to 12 hours per day and pay them an 
additional wage. Workers are provided daily and weekly rest periods and 
paid annual leave. 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, 
mainly due to fear that they may be replaced 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.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons, and there were no reports of persons being trafficked in, to, 
or from the country.
                                 ______
                                 

                           EQUATORIAL GUINEA

    Equatorial Guinea is nominally a multiparty constitutional 
republic; however, in reality power is exercised by President Teodoro 
Obiang Nguema and the small Mongomo subclan of the majority Fang tribe, 
which has ruled since the country's independence in 1968. President 
Obiang, who has ruled since seizing power in a military coup d'etat in 
1979, was elected to a 7-year term in February 1996 in elections that 
were marred by extensive fraud and intimidation. The President's 
Democratic Party of Equatorial Guinea (PDGE) controls the judiciary and 
the legislature, the latter also through elections in March that were 
widely criticized as seriously flawed by the international community. 
The judiciary is not independent.
    President Obiang exercises control over the police and security 
forces through the Minister of the Interior, who serves as President of 
the National Electoral Board as well. The Director General of National 
Security is the President's brother, Armengol Ondo Nguema. The security 
forces committed numerous, serious human rights abuses.
    The majority of the population of approximately 470,000 lives by 
subsistence agriculture, supplemented by hunting and fishing. Barter is 
a major aspect of the economy, and the monetary sector is based on 
exports of petroleum, cocoa, and timber. Most foreign economic 
assistance has been suspended due to the lack of economic reform and 
the Government's poor human rights record. However, in October the 
Government of Spain, which suspended aid 6 years ago, signed a new 
cooperation agreement with the Government. Substantial oil deposits 
were first discovered in 1995, and exploitation began in 1996. However, 
the investment and other use of oil revenues lacks transparency despite 
repeated calls from international financial institutions and citizens 
for greater financial openness. Poor fiscal management and a lack of 
public accounting transparency in national finances undermine the 
country's economic potential. Little evidence is apparent that the 
country's oil wealth is being devoted to the public good.
    The Government's human rights record remained poor. Serious and 
systematic human rights abuses continued, and the security forces 
committed a number of abuses. Citizens do not have the right to change 
their government in fair elections. There were reports of extrajudicial 
killings, both of prisoners in detention and of individuals in rural 
areas. Other principal abuses by security forces included: Torture; 
beating and otherphysical abuse of prisoners; arbitrary arrest and 
detention; incommunicado detention; extortion from prisoners; searches 
without warrants; the looting of private homes; and the confiscation of 
property without due process. Members of the security forces generally 
commit abuses with impunity. Prison conditions remained life 
threatening. Prisoners often are subjected to torture in order to 
extract confessions. The judicial system continued to fail to ensure 
due process and remained subject to executive pressures. The Government 
severely restricted freedom of speech and of the press. It continued to 
restrict the right of assembly and did not always respect the right of 
association. The Government continued to limit freedom of religion and 
freedom of movement. The Government encouraged the illegal capture and 
involuntary repatriation of its political opponents living abroad. 
There are no effective domestic human rights nongovernmental 
organizations (NGO's), and in April the Government promulgated a new 
law that further restricted NGO's and appears to preclude them from 
functioning in the area of human rights. Violence and discrimination 
against women and foreigners remain serious problems. Discrimination 
against minorities, particularly the Bubi ethnic group continued. The 
Government continued to restrict labor rights; no labor unions exist, 
and strikes are prohibited. The abuse of workers' rights is a 
particular problem in the oil industry. Child labor persists, and 
forced prison labor is used.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were 
unconfirmed reports of extrajudicial killings by security forces both 
of prisoners in detention and of individuals in rural areas.
    During the year, the Government did not prosecute for extrajudicial 
killings any members of the security forces, including those considered 
responsible for extrajudicial killings in prior years.
    b. Disappearance.--There were reports of disappearances; however, 
these were difficult to confirm.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Fundamental Law (Constitution) mandates respect for 
the liberty and dignity of persons, but does not specifically prohibit 
torture or cruel or inhuman punishment, and members of the security 
forces tortured, beat, and otherwise abused prisoners. The level of 
these abuses is serious and, in the wake of the 1998 revolt, increased 
over previous years. A number of prisoners are still under sentence 
from the revolt, and reports of their abuse and torture continue to 
circulate. The Government does little to prevent excesses and routinely 
attributes any reported instances of torture to allegedly rogue 
elements.
    Officials reportedly detained, interrogated, beat, and tortured 
opposition political activists (see Section 1.d.).
    Police routinely stop citizens and members of the opposition at 
roadblocks and subject known members of the opposition in particular to 
searches and extortion. Local authorities also singled out foreigners 
from neighboring countries for harassment, intimidation, and extortion. 
Prison conditions are primitive and life threatening. Rations are 
inadequate, and sanitary conditions practically nonexistent. Prisoners 
sentenced following the 1998 revolt reported being fed bread and water 
only once every 2 days. Initially no food was allowed in from outside 
as is the custom. During the year both family visits and provisions 
reportedly were allowed.
    Prison conditions ostensibly are monitored by the International 
Committee of the Red Cross (ICRC), which normally makes recommendations 
to the Government. However, the head of the regional ICRC office, 
despite repeated attempts, was not granted access to any prisons or 
detention centers during the first 11 months of the year; he was 
granted access in December.
    d. Arbitrary Arrest, Detention, or Exile.--There are nominal legal 
procedural safeguards regarding detention, the requirement for search 
warrants, and other protection of citizens' rights; however, these 
safeguards are ignored systematically by security forces, which 
continued to arrest and detain persons arbitrarily.
    Police routinely hold prisoners in incommunicado detention. 
Foreigners from neighboring countries sometimes are targeted for 
arbitrary mistreatment and random arrest. These included visitors and 
residents from Nigeria, Ghana, Togo, and Benin. Members of the security 
forces often resorted to such activities in order to extort money prior 
to national holidays.
    Political detentions seldom lasted more than a few months. 
Following the 1998 revolt, approximately 500 ethnic Bubis reportedly 
were arrested and interrogated. Reliable information on the number and 
identities of detainees was not readily available. The majority of them 
were released, although 15 who were tried and sentenced to death had 
their sentences commuted to life imprisonment by President Obiang later 
in 1998. It is difficult to estimate the exact number of political 
detainees, although it is believed to be less than 100 persons.
    During the year, the Government arrested opposition political 
activists on a number of occasions, especially around the time of the 
legislative elections and detained them without charge for periods up 
to several weeks. Officials reportedly interrogated, beat, and tortured 
them. In June three activists of the Republican Democratic Force (FDR) 
were arrested in Mongomo, supposedly for holding an unauthorized 
meeting, and were jailed in Bata. In September the Government arrested 
Placido Miko, secretary general of the opposition Convergence for 
Social Democracy (CPDS) party in Bata and confiscated his computer and 
files. Although he was released a week later, he was given provisional 
liberty and told to report twice a month to the authorities in Bata. No 
formal charges were brought. It is estimated that some 90 opposition 
party members were arrested during the year and held for short periods. 
The Government uses the psychological effects of arrest, along with the 
fear of beatings and harassment, to intimidate opposition party 
officials and members.
    During the year, government security forces on one occasion 
detained an employee of a foreign oil company for a short period for 
alleged irregularities in processing the import of equipment.
    The Government does not force its citizens into exile; however, 
some persons have fled the country for political reasons.
    e. Denial of Fair 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 
widespread.
    The court system is composed of lower provincial courts, two 
appeals courts, a military tribunal, and a Supreme Court. The President 
appoints members of the Supreme Court, who report to him. Tribal elders 
adjudicate civil claims and minor criminal matters in traditional 
courts in the countryside.
    The Fundamental Law and laws passed by the chamber of deputies 
provide for legal representation in trials and the right to appeal. In 
practice the authorities often do not respect these provisions. Civil 
cases rarely come to public trial. Cases involving national security 
are tried by the military tribunal.
    The Government holds a number of political prisoners. In May 1998 
the Government conducted a public trial before a military tribunal of 
116 persons allegedly involved in the January 21, 1998, revolt on Bioko 
island. The defendants were charged with terrorism, undermining state 
security, and illegal possession of weapons. Many defendants claimed 
that the Government had obtained confessions from them by torture. 
However, the president of the military tribunal refused to allow 
defense lawyers to raise the question of torture, although a number of 
the accused bore unmistakable marks of recent physical abuse. The 
conduct of the trials drew universal criticism, although observers 
noted that some defendants might have been guilty of the offenses with 
which they were charged. The tribunal found 63 persons guilty on at 
least one charge, but acquitted 53 of all charges. It sentenced 15 
convicted defendants to death, and sentenced the 48 others to terms 
ranging from 6 to 26 years in prison. The 15 condemned to death were 
the only defendants absent from the court when the sentences were 
announced. They were not executed, and President Obiang later commuted 
theirsentences to life imprisonment, following petitions for clemency 
from foreign governments and nongovernmental organizations (NGO's).
    Two members of the ruling Mongomo clan and of the banned Democratic 
Republican Forces (FDR) party, former Education Minister Felipe Ondo 
and former Planning Minister Guillermo Nguema remained in prison. They 
were convicted of libeling the State and sentenced to 30 months' 
imprisonment in 1998, after Equatoguinean security forces repatriated 
them involuntarily from Gabon with the consent of the Government of 
Gabon (see Section 2.d.).
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Government infringes on these rights. It does not 
enforce the law requiring judicial warrants for searches. Security 
forces regularly search homes and arrest occupants, and generally do so 
with impunity.
    On several occasions the Government reportedly attempted to force 
opposition members or officials to join the ruling PDGE party. 
Moreover, the arrests of opposition members appeared to be a 
coordinated government campaign spread out over a wide area and 
designed to intimidate the opposition prior to the legislative 
elections and dissuade voters from voting for opposition parties. 
Detainees included members of the CPDS, the Union Popular, and the 
banned Partido Del Progresso. All were jailed in violation of the 
national pact signed between the Government and oppositions parties in 
Malabo in 1997.
    For lawyers, government employees, and some others, PDGE party 
membership is necessary for employment and promotion. Even in the 
private sector, many citizens claim that party membership is required 
in order to be hired. The party banner is displayed prominently with 
the national flag in government offices, and many officials wear PDGE 
lapel pins.
    There is reportedly surveillance of members of the opposition 
parties and foreign diplomats.
    According to credible sources, citizens living in rural areas are 
hesitant to associate with or even be seen with foreigners, due to the 
fear of repercussions from the authorities.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and the Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government severely 
restricted these rights in practice. Journalists practice self-
censorship.
    In April shortly before a national symposium on press liberty was 
scheduled, the Minister of the interior ordered the removal of the 
democratically elected president of the Press Association (ASOPGE), 
Manuel Nze Nzogo, even though the ASOPGE was a legally recognized NGO. 
The reason given was that its president was supposedly not properly 
qualified for the position.
    The Government allows mild criticism of infrastructure, public 
institutions, and public sector mismanagement and permitted some 
increased criticism of minor administrative decisions. However, it 
permits no criticism of the President or the security forces. All 
journalists must be registered with the Ministry of Information. 
According to press sources, there are about a dozen independent 
reporters registered with the Ministry of Information. Between 30 and 
40 reporters employed by the official party or government publications 
also are registered. Visiting foreign reporters must be accompanied by 
guides from the Ministry of Information.
    Two general-interest newspapers appear regularly: La Gaceta, a 
Malabo-based publications with connections to the Government is 
published monthly. Human-interest stories dominate its domestic news 
coverage. Ebano, a publication of the Ministry of Information, appears 
about twice a month. Two new newspapers, El Tiempo and La Opinion were 
approved in September by the Ministry of Information and were 
authorized to begin publication in 2000.
    The current press law, enacted in 1992, reportedly is based on 
Spain's 1967 Franco-era press law and authorizes government censorship 
of all publications. The Ministry of Information sometimes requires 
publishers to submit copy for approval prior to publication. All local 
publications exerciseself-censorship and are subject to prior 
restraint. Few foreign publications are available for sale, and 
security forces reportedly peruse the contents of publications from 
Spain and confiscate literature critical of the Government.
    Radio is the most important medium of mass communication. The 
Government continued effectively to monopolize domestic radio 
broadcasting. It owns and operates Radio Malabo. In 1998 the Government 
permitted the establishment of the country's first private domestic 
radio station, the FM station Radio Asonga. However, that station 
reportedly is owned by the Minister of Forestry, Environment, and 
Fisheries, Teodoro Obiang Nguema, the son of the President. The 
Government has not approved other applications to operate private radio 
stations, although several applications are pending.
    The domestic television station is government controlled and 
broadcasts only a few hours a day. Foreign cable television is 
available, and offers the Cable News Network, French news, movies, 
sports events, and cartoons, but relatively few citizens can afford it. 
Satellite reception is increasingly available.
    The Government generally withholds access to domestic broadcasting 
from prodemocracy opposition parties and rarely refers to what it calls 
the ``radical'' opposition in anything but negative terms when 
broadcasting the news.
    Radio Exterior, the international short-wave service from Spain, 
often broadcasts news about the country and interviews with opposition 
politicians. It is virtually the only means for the opposition to 
widely disseminate its views and positions. Its editorials, like those 
of most of the Spanish media, are often highly critical of the 
Government. The Government regularly accused Radio Exterior of 
misrepresenting the situation in the country and in 1998 asked the 
Spanish Government to halt broadcasts that ``may provoke problems.''
    Internet service is available, although access is expensive, and 
computer ownership is not widespread.
    During the year the Government opened a National University, the 
country's only institution of higher learning.
    b. Freedom of Peaceful Assembly and Association.--The Fundamental 
Law provides for the right of assembly; however, the Government 
restricts this right in practice. Government authorization must be 
obtained for meetings of more than 10 persons in private homes for 
discussions that the regime considers political. Although the 
Government formally has abolished permit requirements for party 
meetings within party buildings, in practice opposition parties must 
inform the authorities in order to hold gatherings of any kind, 
regardless of location.
    Security forces generally observe gatherings in public places, even 
small gatherings. The Government requires notification for public 
events and routinely denies permission to meet, effectively restricting 
the right of assembly.
    The Fundamental Law provides for the right of association; however, 
the Government does not always respect this right in practice. Police 
routinely and systematically harass and jail members of opposition 
parties. Opposition party members complained of disruption of meetings 
and of roadblocks at which they are forced to pay soldiers in order to 
proceed.
    c. Freedom of Religion.--The Fundamental Law provides for freedom 
of religion; however, the Government limits this right in practice. 
There is no state religion, and the Government does not discriminate 
against any faith. However, the Ministry of Justice and Religion must 
approve a religious organization before its religious activities are 
allowed formally. The Government continued to restrict the freedom of 
expression of the clergy, particularly regarding any open criticism of 
the regime. The Government requires permission for any activities 
outside church walls, but in practice this nominal requirement does not 
appear to be a hindrance to organized religious groups.
    The Government restricted the activities of the Catholic Church, of 
which most citizens are at least nominally members. The Government 
continued to detain throughout the year Father Eduardo Losha Belope, 
who is a priest, a Bubi, and the president of the Malabo chapter of the 
Catholic NGO, Caritas; security forces arrested him in February 1998 in 
connection with theJanuary 1998 revolt. In July 1998, the Archbishop of 
Malabo, Laureano Ekua Obama, stated publicly that the Government now 
requires Catholic priests to obtain government permission before 
celebrating mass and commented that the Government does this because 
the church repeatedly criticized human rights violations, social 
injustice, and corruption in the country. The Archbishop also stated 
that government harassment made it very difficult to be a Catholic 
priest.
    The Government relaxed some restrictions on religious activities by 
foreign missionaries in 1996. Missionaries in Bata and Malabo reported 
little government interference in their work, although there were 
increasing problems bringing in materials and equipment duty-free, 
which they had been allowed to do in the past.
    There appears to be a marked official preference towards the 
Catholic Church. Religious study is required in schools and is usually, 
but not exclusively, Catholic.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--In principle freedom of movement and 
travel throughout the country is provided for by law; however, the 
Government limits these rights in practice. Local police routinely 
demand bribes from occupants of cars, taxis, and other vehicles 
traveling outside the capital. The police routinely stop citizens and 
in particular known members of the opposition at roadblocks, subject 
them to searches, and extort money from them. Members of the Bubi 
ethnic group on the island of Bioko are unable to move about freely, 
according to credible sources. Roadblocks throughout the island prevent 
Bubis from traveling easily between villages.
    All citizens are required to have permission to travel abroad, and 
members of opposition parties regularly are denied this permission and 
sometimes are interrogated or detained upon their return.
    Government officials attempt to control the movements of all 
citizens by requiring exit visas or denying or confiscating passports. 
Those who depart Malabo without an exit visa must travel by canoe 
across 40 miles of open ocean to reach mainland Africa, and then they 
face possible immigration charges upon their return. However, several 
prominent members of opposition parties were able to travel abroad 
without hindrance. Prior to the legislative elections, resident 
diplomats were not allowed to travel around the country freely until 
the day before the voting.
    During recent years, an average of one or two foreigners a year, 
from Mauritania, Nigeria, or the Congo, requested refugee or asylee 
status in the country. The Government provides first asylum and 
generally grants asylum requests, although security forces reportedly 
have harassed asylum seekers, few of whom have remained long in the 
country. There were no reports of the forced return of any foreigners 
to a country where they feared persecution.
    The Government continued to attempt to neutralize opposition groups 
outside its borders by kidnaping its citizens living in other countries 
(see Section 1.e.).
    Since September 1997, 12 Equatoguineans and their families, now in 
opposition to the Government, have been detained by Cameroonian 
security forces--ostensibly for their own protection--at a military 
base in Yaounde. The majority are former military officers, and all 
have refugee status granted by the U.N. High Commissioner for Refugees. 
In October the Cameroonian press reported that two of the refugees 
escaped from the base and met with others to plot a coup attempt 
against the Equatorial Guinea regime. They subsequently were arrested 
in Douala and returned to the capital. In mid-October a number of 
senior-level visitors from Malabo to Cameroon reportedly requested 
their extradition to Equatorial Guinea, which the Cameroonian 
Government did not grant. All 12 refugees remain under loose detention 
at the military base.
    The Government continued to demand that the Spanish Government 
repatriate Severo Moto, leader of the now-banned Popular Party, who led 
an attempt to overthrow the government by armed force in 1997 and whom 
the Government of Spain had granted asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    The Constitution nominally provides citizens with the right to 
change their government peacefully; however, in practice there have 
been no free, fair, and transparent 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 
PDGE. With the main exception of the Prime Minister, a Bubi, leadership 
positions within the Government in general are restricted to the 
President's Mongomo clan of the Fang ethnic group and its closest 
supporters. While there is an elected Chamber of Deputies, it is not 
representative and is dominated completely by the Government. The 
Minister of the Interior also acts as President of the National 
Electoral Board.
    The February 1996 presidential election, in which President Obiang 
claimed reelection with 98 percent of the vote, was considered openly 
fraudulent by international observers. Some opposition politicians who 
campaigned were beaten and jailed. Voting was done in the open and 
without secrecy, with opposition parties allegedly being barred from 
access to polling areas. There were credible reports of widespread 
arrests and violence against opposition party members before the 
elections, as well as of beatings, roadblocks, stuffed ballot boxes, 
and the presence of security forces. Most opposition parties, claiming 
that it was futile to run amidst such blatant corruption, boycotted the 
election.
    In 1997 the Government and 13 political parties promulgated a 
revised national pact following 3 months of debate. The pact calls for 
the creation of a multiparty electoral commission and an observance 
commission to monitor compliance with the agreement. The pact also 
stipulated an end to various political and electoral abuses and the 
extension of voting rights already nominally provided for in the 
Constitution. However, the Government has not abided by most of the 
pact's provisions. Opposition activists report that the Government has 
made virtually no effort to implement the pact. The Government's 
refusal to issue exit visas to opposition figures violates the pact's 
principle of freedom of travel. The continued arrests of CPDS, UP, and 
FDR activists further undermined the Government's claims that it abides 
by the pact, as did its continued restrictions on freedom of movement 
and the continued lack of access to government media by the opposition.
    In 1998 the Government enacted a new electoral law that mandates 
the replacement of open voting by secret ballots in future elections 
but prohibits coalitions between political parties, which weakens the 
opposition by preventing the formation of any opposition umbrella 
groups.
    The legislative elections that should have been held in the fall of 
1998 were postponed until March 7. The new electoral census was 
completed in December 1998, but not all of the opposition parties 
agreed to sign it. International observers considered the election 
process to be seriously flawed. The UP and CPDS opposition parties won 
only 5 of the 80 seats, refused to take their seats in the new 
legislature, and called for the results to be annulled and new 
elections held.
    Although there are no legal restrictions on the participation of 
women in politics; however, women remain seriously underrepresented in 
government positions. There are 4 women in the 41-member Cabinet, and 5 
in the 80-member legislature.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no effective domestic human rights nongovernmental 
organizations. No international human rights NGO has permanent presence 
in the country. The Government does not recognize their reports or 
acknowledge their credibility.
    The U.N. Special Rapporteur for Human Rights visited in March and 
December 1998 and ostensibly received the Government's cooperation. The 
Government made strenuous efforts to have the Rapporteur replaced and 
was successful early in the year. A new Rapporteur visited the country 
in November.
    In April the Government promulgated a new law governing NGO's that 
is restrictive and identifies those specific areas in which they may 
operate: human rights is not one of these areas.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    While the Constitution condemns all forms of discrimination, both 
governmental and societal discrimination continued. These are reflected 
in traditional constraints on women's education and in restricted 
opportunities for professional and occupational achievement by ethnic 
minorities. The Government deliberately limits potential opportunities 
for ethnic minorities, and the Fang actively discriminate against the 
Bubi and other ethnic minorities.
    Women.--Societal violence against women, particularly wife beating, 
is common. The public beating of wives is forbidden by government 
decree, but violence in the home generally is tolerated. The Government 
does not prosecute perpetrators of domestic violence.
    Although the Constitution provides for equal rights, women largely 
are confined by custom to traditional roles, particularly in 
agriculture. Polygyny, which is widespread among the Fang, contributes 
to women's secondary status, as does limited educational opportunity. 
On average women receive only one-fifth as much schooling as men do.
    There is no discrimination against women with regard to inheritance 
and family laws, but there is discrimination in traditional practice. 
For an estimated 90 percent of women, including virtually all ethnic 
groups except the Bubi, tradition dictates that if a marriage is 
dissolved, the wife must return the dowry given her family by the 
bridegroom at the time of marriage, while the husband automatically 
receives custody of all children born after the marriage. The mother 
maintains custody of all children born prior to the marriage.
    Similarly, in the Fang, Ndowe, and Bisio cultures, primogeniture is 
practiced, and as women become members of their husband's family upon 
marriage, they usually are not accorded inheritance rights. According 
to the law, women have the right to buy and sell property and goods, 
but in practice the male-dominated society permits few women access to 
sufficient funds to engage in more than petty trading or to purchase 
real property beyond a garden plot or modest home.
    Children.--No provisions for the welfare of children are 
legislated. The Government devotes little attention to children's 
rights or their welfare and has no set policy in this area. Education 
is compulsory up to the age of 18, but the law is not enforced.
    People with Disabilities.--There is no constitutional or legal 
provision for the physically disabled with respect to discrimination in 
employment or education. No legislation mandates access for the 
disabled to buildings or government services.
    National/Racial/Ethnic Minorities.--There is no legal 
discrimination against ethnic or racial minorities, and the Government 
does not overtly limit their participation; however, the monopolization 
of political power by the President's Mongomo clan of the Fang ethnic 
group persists. In practice some members of minorities face 
discrimination because they are not members of the Fang ethnic group, 
or belong to a Fang subclan other than the President's. Minorities do 
not face discrimination in inheritance, marriage, or family laws.
    Differences between the majority Fang ethnic group and the Bubi 
ethnic minority are a major source of political tension and often have 
erupted into violence. Bubis led the January 21, 1998, separatist 
revolt on Bioko, after which the Fang-dominated Government and the 
security forces intensified their longstanding institutionalized 
repression of the Bubis and allowed Fang vigilante groups to abuse Bubi 
citizens with impunity. Before independence the Bubis were a majority 
of the population on the island of Bioko (then Fernando Po), which was 
both administratively distinct from and more economically developed 
than the larger and more populous mainland (then Rio Muni), where the 
Fang were a majority. The two Spanish colonies were united 9 years 
before independence, after which many Fang migrated to Bioko, where 
Malabo, the capital, is located. The Fang dominated the united 
independent state; during the first decade after independence, misrule 
by Obiang's uncle, Macias Nguema, reduced the country's population by 
about one-third and devastated the economy.
    Differences among clans of the Fang ethnic group, in particular 
resentment of the political dominance of the Mongomo clan, are also 
sources of significant political tensions and occasional violence; 
however, there were no reports of such violence during the year.
    Several thousand citizens of Nigeria, Ghana, and Francophone Africa 
continue to reside in the country. Most are small traders and 
businesspersons. The police reportedly continued to harass them (see 
Section 1.d.).
Section 6. Worker Rights
    a. The Right of Association.--Although the Constitution provides 
for the right to organize unions, the Government has not passed 
enabling legislation. In the small wage economy, no labor unions exist, 
although there are a few cooperatives with limited power. The law 
prohibits strikes. The Labor Code contains provisions to uphold worker 
rights, but the Government generally does not enforce them.
    It generally is acknowledged that membership in the PDGE, the 
President's party, is a prerequisite for hiring and promotion, both in 
the public and private sectors (see Section 1.f.). Membership in a 
rival political organization is considered grounds for dismissal from 
any position, public or private. Opposition politicians who are not 
participating in the Government often claim to have been dismissed from 
their jobs after joining alternate political groups.
    The country's major private employer, the oil industry, which is 
dominated by foreign firms, took steps to reduce government control of 
hiring in the industry. In previous years, international oil companies 
operating in the country hired Equatoguinean employees exclusively 
through a government agency, APEGESA, which screened applicants for 
positions and reportedly excluded those whom it considered unfriendly 
or indifferent to the PDGE. During the year, the oil companies ceased 
to use an exclusive contractor and hired primarily on the basis of 
testing designed to identify the best candidates for further training.
    APEGESA in the past reportedly kept nearly two-thirds of employees' 
wages. Recent legislation mandates that oil workers receive at least 60 
percent of their wages. Oil sector workers receive a much higher scale 
than elsewhere in the national economy, often 10 times the minimum 
wage. The Minister of Mines and Energy allegedly manages APEGESA. In 
the past, when several employees signed a petition complaining of ill 
treatment, they were fired.
    The Government does not allow unions to affiliate internationally.
    b. The Right to Organize and Bargain Collectively.--There is no 
legislation regarding these rights or prohibiting antiunion 
discrimination. There is little evidence of collective bargaining by 
any group. The Government and employers set wages, with little or no 
participation by the workers. Employers must pay the minimum wages set 
by the Government, and most companies pay more than the government-
established minimum.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law forbids 
forced or bonded labor (including that performed by children) and 
slavery, and there generally were no reports of these practices; 
however, convicted felons perform extensive labor outside prison 
without compensation, which is provided for by the law.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum age for the employment of children is 18 
years, but the Ministry of Labor does not enforce this law. The 
Government also does not enforce the law that stipulates mandatory 
education up to the age of 18. Underage youth perform both family farm 
work and street vending. The Labor Code prohibits forced or bonded 
labor by children, and there were no reports that it exists (see 
Section 6.c.).
    e. Acceptable Conditions of Work.--The minimum monthly wage was 
approximately $41 (27,000 CFA francs). The minimum wage is not 
sufficient to provide a decent standard of living for a worker and 
family.
    The law prescribes a standard 35-hour workweek and a 48-hour rest 
period, which are observed in practice in the formal economy.
    The Labor Code provides for comprehensive protection for workers 
from occupational hazards; however, the Government does not enforce 
this in practice. Employees who protest unhealthy or dangerous working 
conditions risk losing their jobs.
    f. Trafficking in Persons.--No law was known to prohibit 
trafficking in persons; however there were no reports that persons were 
trafficked in, to, or from the country.
                                 ______
                                 

                                ERITREA

    Eritrea became an independent state in 1993, following an 
internationally monitored referendum in which citizens voted 
overwhelmingly for independence from Ethiopia. The Eritrean People's 
Liberation Front (EPLF), which led the 30-year war for independence, 
has controlled the country since it defeated Ethiopian armed forces in 
1991; its leader, Isaias Afwerki, serves as the President. The EPLF 
became the People's Front for Democracy and Justice (PFDJ), and 
redefined itself as a political party in 1994; it is the sole political 
party. The Government continues to delay its stated program to hold 
elections: elections originally scheduled for 1998 were postponed 
indefinitely due to the outbreak of an armed border conflict with 
Ethiopia that began in May 1998. The Constitution provides for 
democratic freedoms; however, while it entered into force in May 1998, 
its provisions have not been implemented fully yet. The judiciary is 
formally independent, but it is weak and subject to executive 
interference.
    The police are responsible for maintaining internal security, 
although the Government may call on the 200,000 member armed forces, 
the reserves, and demobilized soldiers in response to both domestic and 
external security requirements. In May 1998, fighting broke out between 
Eritrean armed forces and Ethiopian militia along the border. Eritrea 
responded to an escalating military conflict by calling up reserves and 
increasing its armed forces to approximately 200,000 soldiers. In 
addition to the border conflict, the army has been forced to deal with 
the Eritrean Islamic Salvation (EIS), a small, Sudan-based insurgent 
group that has mounted terrorist attacks in the north and west since 
1993. Some members of the security forces committed human rights 
abuses.
    The border conflict with Ethiopia has interfered with Eritrea's 
transition from a deteriorating centrally planned economy to a market-
based economy through the privatization of formerly state-owned 
enterprises and the liberalization of investment and trade. The local 
currency was devalued by 34 percent, economic growth virtually ceased, 
and private foreign investment was halted. The termination of trade 
relations with Ethiopia, the country's largest trade partner prior to 
the conflict, has created serious disruptions in export markets. The 
integration of more than 67,000 ethnic Eritrean deportees from Ethiopia 
and the large number of internally displaced persons have strained 
resources, and there is a shortage of skilled labor in many areas as a 
result of increased military conscription. While trade, services, and 
manufacturing provide the greatest portion of gross domestic product, 
the rural economy is based largely on subsistence agriculture, with 
more than 70 percent of the population of 3.6 million involved in 
farming and herding. The small industrial sector consists mainly of 
light industries, many using outmoded technologies. International 
economic assistance has accounted for a significant portion of external 
revenues, with loans replacing grants. Citizens who live abroad also 
provide a significant source of external revenues. The country is 
extremely poor, with an annual per capita income of less than $238.
    The Government's human rights record was poor, and serious problems 
remain; however, there were improvements in some areas. Citizens did 
not have the ability to change their Government, which is dominated by 
the PFDJ. Although a constituent assembly ratified a new Constitution, 
the Government has not yet fulfilled its stated program for a 
transition to democracy. Security forces laid thousands of landmines; 
landmines resulted in the deaths of a number of persons. There were 
reports that police at times treated ethnic Ethiopians roughly. The 
Government generally does not permit prison visits by local or 
international human rights groups, although the Government permitted 
some independent monitoring of conditions in detention facilities after 
the conflict with Ethiopia began. Arbitrary arrest and detention are 
problems. An unknown number of persons suspected of association with 
the Ethiopian Mengistu regime, radical Islamic elements, or terrorist 
organizations remain in prolonged detention. However, after the 
outbreak of conflict with Ethiopia, the Government began to grant 
representatives of the International Committee for the Red Cross (ICRC) 
broad access to prisoners and detainees, but not to Ethiopian prisoners 
of war (POW's). The Government's actions were prompted in large measure 
by Ethiopian allegations of substantial human rights violations against 
Ethiopians resident in Eritrea. The provision of speedy trials is 
limited by a lack of trained personnel, inadequate funding, and poor 
infrastructure, and the use of a special court system limits due 
process. There were some infringements on the right to privacy. The 
Government restricts press freedom, including the rights of the 
religious media, and there are some limits on the freedom of 
association. The Government restricts religious freedom and freedom of 
movement. Societal discrimination against women is a problem, and 
female genital mutilation (FGM) remains widespread despite official 
government discouragement of the practice. Jehovah's Witnesses face 
some societal discrimination. The Government supported armed opposition 
groups whose attacks in Ethiopia resulted in some civilian deaths.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Extrajudicial Killing.--Ethiopian media alleged 
that the Government was responsible for the extrajudical killing of 
Ethiopians in Eritrea; however, investigation of these allegations by 
international human rights groups, and local and foreign officials 
revealed no evidence to substantiate the charges.
    There were unconfirmed reports that in November soldiers killed 17 
Ethiopian Afar civilians during a cross-border attack.
    During the year, the Government provided support to armed groups 
that had long-opposed the Ethiopian Government and, as a result, there 
was an increase in armed attacks within Ethiopian territory by these 
opposition groups operating mostly out of Somalia and Kenya. These 
attacks took the form of landmine incidents and hit-and-run attacks by 
guerrillas armed with small arms and grenades. Some civilians and 
combatants were killed as a result of these attacks and in 
confrontations between Ethiopian government forces and the guerrillas, 
although the total number of deaths could not be confirmed.
    According to U.N. officials, government forces laid approximately 
50,000 to 60,000 landmines in the Badme area during their 8-month 
occupation of this disputed territory. There were reports that at least 
10 Ethiopian civilians were killed by landmines while attempting to 
return to their farms in the Badme area.
    There are an estimated 150,000 to 200,000 landmines in the country, 
mostly laid by Ethiopia during the 1961-91 war in which Eritrea fought 
for independence. On occasion, new mines were laid by the EIS. There 
were reports that at least 18 civilians were killed by landmines during 
the year; however, this figure is considered to be very low since many 
such incidents in isolated rural areas are never reported.
    In February as part of the border conflict, an Ethiopian plane 
bombed the Eritrean village of Laili Dada, killing at least five 
persons and wounding several others.
    There were reports that Ethiopian forces shelled the border town of 
Adi Keyih in April, killing at least eight civilians and wounding 
dozens of others.
    b. Disappearance.--There were no reports of politically motivated 
disappearances. During the border conflict with Ethiopia, Ethiopian 
media alleged that Ethiopians in Eritrea had disappeared. Investigation 
of the Ethiopian allegations by international human rights groups, and 
local and foreign officials revealed no evidence to substantiate the 
charges.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Ethiopian Penal Code, as modified by the transitional 
Penal Code of Eritrea, prohibits torture, and, unlike the previous 
year, there were no reports of torture or serious physical abuse; 
however, there were credible reports that on occasion police used rough 
physical treatment when dealing with army deserters and with homeless 
ethnic Ethiopians sleeping on the streets in Asmara. Ethiopian media 
alleged that Ethiopians in Eritrea were tortured. Investigation of the 
Ethiopian allegations by international human rights groups, and local 
and foreign officials revealed no evidence that the Government had 
tortured, beaten, or abused Ethiopians.
    There were a number of instances in which private individuals 
threatened and beat Ethiopians. The Government and the police generally 
took action to prevent such abuse; for example, in Adi Keyih in March, 
the chief of police was able to halt the beatings of a number of 
Ethiopians. However, there were credible reports of several incidents 
in which police allowed citizens to abuse ethnic Ethiopians, intervened 
too late to prevent abuse, or were unable to control such abuse.
    There have been a number of civilians injured as a result of the 
conflict with Ethiopia. In February Ethiopian planes bombed Laili Dada, 
injuring several persons. There were reports that on April 15, 
Ethiopian forces attacked the Eritrean town of Adi Keyih, injuring 10 
school children and an elderly man. In May Ethiopian forces bombed the 
port of Massawa reportedly wounding three persons (see Section 1.a.).
    Prison conditions are Spartan. The Government permits three visits 
per week by family members. There were no confirmedreports that any 
prisoners died due to lack of proper medical care. Although in previous 
years, there were occasional reports that authorities beat or abused 
prisoners, there were no such reports during the year. Juvenile 
offenders are often incarcerated with adults. There are no juvenile 
detention centers or correction facilities.
    The Government generally does not permit prison visits by local or 
international human rights groups; however, in 1998 the Government 
began to permit some independent monitoring of conditions in detention 
facilities after the conflict with Ethiopia began. The Government 
continued to deny the ICRC access to Ethiopian POW's.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention is a problem. The Penal Code stipulates that detainees may be 
held for a maximum of 30 days without being charged with a crime. In 
practice the authorities sometimes hold persons suspected of crimes for 
much longer periods. In May 1998, the Government arrested approximately 
1,000 Ethiopians suspected of supporting Ethiopia in the border 
conflict. By year's end, almost all of these individuals had been 
released and many chose to be repatriated to Ethiopia. Fewer than 20 
Ethiopians remained in detention at year's end.
    There were reports that many Ethiopians were detained in February 
and March, apparently to protect them from being beaten by private 
citizens. In March in Adi Keyih, police held approximately 20 
Ethiopians in jail for 3 days. According to the chief of police, they 
``could not control the townspeople'' and were holding the Ethiopians 
in protective custody.
    In 1995 on the second anniversary of independence, the Government 
pardoned and released 91 detainees who had been held for up to 4 years 
for collaboration with the Mengistu regime. An unknown number of 
additional suspected collaborators remain in detention without charge, 
despite a statement by President Isaias in 1995 that their cases would 
be considered soon. An unspecified number of persons associated with 
radical Islamic elements or suspected terrorist organizations also 
remained in detention without charge. There were unconfirmed reports 
that the Government arbitrarily holds several Eritrean Liberation Front 
members. Authorities sometimes arbitrarily arrest and detain former 
combatants or members of the PFDJ who violate an unwritten code of 
conduct (see Section 1.e.).
    In March representatives of Jehovah's Witnesses reported that three 
members of Jehovah's Witnesses have been detained without trial or 
charge for more than 4 years, allegedly for failing to participate in 
national service (see Section 2.c.).
    There were unconfirmed reports that the Government continued to 
hold approximately 30 Muslims arrested in 1994 after the Government 
severed relations with Sudan.
    The Government generally does not use exile as a means of political 
control; however, immediately following the outbreak of hostilities 
with Ethiopia in 1998, the Government expelled approximately 1,000 
Ethiopians from Eritrea, many for alleged security concerns. Since that 
time, several thousand Ethiopians have left Eritrea, although the large 
majority chose to leave voluntarily, in many cases because of the 
negative economic impact of the conflict. Following the renewal of 
fighting in February, the Government moved approximately 1,500 ethnic 
Ethiopians and some Eritreans away from the combat zone and temporarily 
resettled them in a camp in Hawasheit. The Government then deported the 
ethnic Ethiopian women and children from Eritrea to Ethiopia without 
notification to the ICRC or the Ethiopian authorities. Approximately 
500 ethnic Ethiopian men of military age were sent to a second camp in 
Forto, and eventually were released in the cities of Agordat, Keren, 
and Asmara with warnings not to return to the border area.
    e. Denial of Fair Public Trial.--The judiciary is formally 
independent but is weak and subject to executive interference. The 
continued use of an executive special court system allowed ongoing 
executive interference with the judiciary. In addition, the judicial 
branch is administered as part of the Ministry of Justice and relies on 
the Ministry for logistical and salary support, thereby further 
limiting the judiciary's independence.
    The judicial system has three parts: civilian, military, and 
special courts. The civilian court system consists of village courts, 
subregional courts, regional courts, and a High Court that serves as an 
appellate court. The still developing judicial system suffers from a 
lack of trained personnel, inadequate funding, and poor infrastructure 
that in practice limits the State's ability to grant accused persons a 
speedy trial. Although 16 new courthouses were completed in 1998, 
further development of the judicial infrastucture was constrained due 
to the conflict with Ethiopia. At independence the Government choseto 
retain the Ethiopian legal system. Under this Code, simple crimes are 
brought to village courts and subregional courts. More serious offenses 
are argued before regional courts, and cases involving murder, rape, 
and other serious felonies are heard by the High Court. All cases 
except those argued before the High Court are heard by a single judge: 
on the High Court, panels of three judges hear cases. Defendants have 
access to legal counsel, usually at their own expense. Although there 
is no formal public defender's office, the Government has requested 
successfully that attorneys work without fee to represent defendants 
accused of serious crimes punishable by more than 10 years in prison 
who are unable to afford legal counsel. Defendants may appeal verdicts 
to the High Court, which is composed of a president and five judges.
    Since the population is largely rural, most citizens only have 
contact with the legal system through the traditional village courts. 
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--for example, property 
disputes and most petty crimes--are adjudicated by local elders 
according to custom or, in the case of Muslims, Shari'a law. The 
traditional courts cannot impose sentences involving physical 
punishment. The Ministry of Justice also is offering seminars in 
alternative dispute resolution for handling petty criminal and civil 
cases.
    The drafting of many civilians, including court administrators, 
defendants, judges, lawyers, and others involved in the legal system, 
into the National Service due to the border conflict with Ethiopia had 
a significant negative impact on the judiciary. The High Court was 
reduced from seven benches to three benches and provincial, zone, and 
village court personnel were reduced by 40 percent. Most of the 21 
University of Asmara law school graduates who were hired by the 
Ministry of Justice in 1998 were drafted for national service as a 
result of the border conflict as well. As a result of these personnel 
constraints, there were lengthy delays in the processing of cases.
    In February 1997, in order to reduce the growing backlog in the 
civilian court system, the Defense Minister created the special court 
system. Judges in the special courts are senior military officers, most 
of whom have little or no legal experience. The special courts have 
jurisdiction over criminal cases, including capital offenses, felonies, 
misdemeanors, cases of tax evasion involving large sums and cases of 
embezzlement by senior officials. The special courts may also retry 
civilian court cases, including those decided by the High Court. In 
1997 the press reported that 2,431 civilians had been tried by these 
special courts. Approximately half were fined and imprisoned, while 360 
were found not guilty. There was no information available on the 
remaining 850 civilians. In the special courts there are no defense 
lawyers and no right of appeal. The continued handling of civilian 
cases by these special courts raised problems of due process because of 
the absence of defense counsel and denial of the right to appeal. In 
past years, the denial of due process has been a problem on occasion 
for critics of the Government (see Section 2.a.).
    Crimes involving corruption, theft, and misuse of government 
authority allegedly committed by former members of the EPLF during the 
war for independence are handled by the special courts. Senior former 
fighters often are held to a stringent unwritten code of conduct, and 
violations of this code are handled by special courts outside the 
normal judicial process. Former fighters accused of violating this 
circle of trust have been arrested and held without formal charge.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--Under the law, warrants are required in routine 
searches and seizures, except in cases where authorities believe 
individuals may attempt to escape or destroy evidence. Warrants also 
are required before the Government can monitor mail, telephones, or 
other means of private communication. There is no evidence that the 
Government monitored private mail service, but there is evidence that 
the Government monitored some international telephone calls. In July 
the Government began the process of implementing Internet access 
through its telecommunications system. The Government has the authority 
to ban the import of any foreign publication; however, it has not yet 
done so (see Section 2.a.).
    There were numerous reports that on April 16, officials of the 
Capital Area Administrative Zone and the police rounded up hundreds of 
evening secondary school students during the mid-term exam period to 
examine their identification documents to determine eligibility for 
military service. While many students were released by the following 
morning because they were too young for military service, were not 
Eritrean, or were able to demonstrate that their financial support of 
other family memberswas critical, approximately 350 students were sent 
directly to military training.
    There were reports that a small number of Ethiopians were expelled 
from their homes in Eritrea near the Ethiopian border. There were also 
reports that police harassed or intimidated some Ethiopians. A 
significant but unknown number of Ethiopians were fired or lost their 
jobs due to their nationality. However, in some cases, this was due to 
the fact that Ethiopians were working for Ethiopian businessmen who 
left the country or who found that their enterprises were no longer 
viable because they had lost their Eritrean clients. An estimated 1,000 
Ethiopians in the Asmara region, who no longer can pay rent, are 
homeless and destitute.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, in practice, the 
Government restricts these rights, although it did so to a lesser 
extent than in the previous year. In late October, the Government 
arrested an editor who refused to disclose the address of a reader 
whose ``letter to the editor'' criticized the commercial practices 
associated with Saudi Airlines operations in the country. The editor 
was arraigned, charged with slander, and released pending a trial 
scheduled for February 2000. He was rearrested briefly in late November 
for additional questioning. While the Government has tolerated 
increased public debate over government decisions since the outbreak of 
the conflict with Ethiopia, the media continued to practice self-
censorship.
    The Government controls almost all media, including three 
newspapers, one radio station, one television station, and the only 
newspaper printing press. There are no private radio or television 
stations; however, the independent print media flourished during the 
year. The Government has the authority to ban the import of any foreign 
publication, although it has not yet done so. The press proclamation 
issued in 1996 forbids the local reprinting of articles from banned 
publications. The Government continued to restrict the right of the 
religious media to comment on politics or government policies. In 
theory nonreligious print media are free to criticize the Government. 
Nonetheless, criticism tends to be limited and fairly mild, and the 
media practices self-censorship.
    The Government's press proclamation allows individuals to publish 
newspapers, and private newspapers and magazines began publishing at 
the end of 1997. There were 11 independent newspapers and magazines 
operating at year's end and 1 of these, Setit, had the largest 
circulation. The success of Setit marked a step towards the development 
of a free press. However, the press proclamation does not allow private 
ownership of any broadcast media or foreign ownership of any media. The 
Proclamation requires that all newspapers obtain a license from the 
Ministry of Information before publication and that all reporters 
register with the Ministry. The Government also may punish ``whosoever 
insults, abuses, defames, or slanders the Government or one of the 
constituted legislative, executive, or judicial authorities,'' and 
forbids the publication of any matter that contravenes general 
morality. In November independent journalists were informed that copy 
submitted for printing would be required to have the signature of 
several Ministry of Information censors. In response to threats to 
publicize this information, the Ministry of Information stated that, 
henceforth, all independent weeklies would be advised if content was 
objectionable and would be warned when a piece ought not be published, 
but that they would be free to print despite those cautions. There were 
no reports of arrests or prosecutions under this authority; however, 
this authority has hindered the development of print or broadcast media 
critical of the Government.
    There were no restrictions on academic freedom. In April police 
reportedly rounded up hundreds of evening secondary school students for 
military service while they were taking exams (see Section 1.f.).
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government respected this 
right in practice. The Government requires a permit from the Ministry 
of Local Government for a public meeting or demonstration. In general, 
permits are granted freely for nonpolitical meetings or gatherings, and 
there were no reports that permits for political demonstrations were 
denied.
    The Constitution provides for freedom of association and states 
that every citizen shall have the right to form organizations for 
political, social, economic, and cultural ends; however, the PFDJ has 
stated its opposition to the formation of any religiously or ethnically 
based parties on the grounds that such parties could exacerbate ethnic 
and religious differences.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, the Government restricts this right in practice. The 
Constitution provides for the ``freedom to practice any religion and to 
manifest such practice'' and Islam and Christianity are practiced and 
tolerated widely throughout the country with persons free to worship at 
the church or mosque of their choice. However, the Government continued 
to harass, arrest, detain, and discriminate against members of the 
small community of Jehovah's Witnesses.
    Members of Jehovah's Witnesses have refused universally on 
religious grounds to participate in national service or vote in a 
referendum. This spurred widespread criticism that members of Jehovah's 
Witnesses collectively were shirking their civic duty. Some Muslims 
have also objected to universal national service with regard to the 
requirement that women perform military duty. The Government does not 
excuse individuals who object to national service for religious 
reasons, nor does the Government allow alternative service. Although 
other individuals reportedly have been punished for failure to 
participate, only members of Jehovah's Witnesses have been subject to 
dismissal from the civil service, had their trading licenses revoked, 
and been denied passports due to their refusal to participate in 
national service. In addition to these measures, members of Jehovah's 
Witnesses also are denied identification cards, exit visas, trading 
licenses, and government housing universally, unless they fulfill their 
civic obligations, some of which are prohibited by their religious 
beliefs. In 1998 several members of Jehovah's Witnesses were arrested 
for failure to comply with the National Service Law and some were 
tried, although there is no information available regarding the 
verdicts or sentences in these cases. In March representatives of 
Jehovah's Witnesses reported that three members of Jehovah's Witnesses 
have been detained without trial or charge for more than 4 years, 
allegedly for failing to participate in national service. The maximum 
penalty for refusing to perform national service is only 3 years' 
imprisonment. Ministry of Justice officials deny that any members of 
Jehovah's Witnesses were held without charge, although they acknowledge 
that some members of Jehovah's Witnesses, and a number of Muslims, are 
in jail serving sentences for convictions on charges of evading 
national service.
    The Government has banned religious organizations from involvement 
in politics and restricts the right of the religious media to comment 
on politics or government policies (see Section 2.a.).
    The Government discouraged proselytizing by members of one faith 
among adherents of another, and also discouraged foreign religious 
groups and nongovernmental organizations (NGO's) from proselytizing, as 
it believes that this could create unnecessary friction in the delicate 
balance between the Muslim and Christian populations. In a 1995 
proclamation, it described specific guidelines on the role of religion 
and religion-affiliated NGO's in development and government, stating 
that development, politics, and public administration are the sole 
responsibility of the Government and citizens. Pursuant to the 1995 
proclamation, religious organizations are permitted to fund, but not 
initiate or implement, development projects; however, this proclamation 
was not enforced in practice--several religious organizations executed 
small-scale development projects without government interference. The 
1995 proclamation also sets out rules governing relations between 
religious organizations and foreign sponsors.
    Authorities informed all religious organizations in April 1998 that 
religiously funded schools providing general education would be 
incorporated into the public school system. At the time, it was not 
made clear whether the clerical authorities would continue to 
administer the curriculum with government oversight or whether the 
school faculty would be absorbed into the Ministry of Education. 
However, no action was taken to implement this initiative because of 
the outbreak of the border conflict with Ethiopia. In January 1998, the 
Government decreed that religiously affiliated organizations were 
prohibited from running kindergartens; however, this decree has not 
been implemented yet.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for the rights 
of movement and emigration. In general citizens may live where they 
choose and travel freely throughout the country. However, some areas 
are restricted for security reasons. The border with Ethiopia was 
closed in May 1998, due to the outbreak of conflict, although Eritreans 
deported from Ethiopia crossed the border and were allowed to resettle 
in Eritrea. More than 67,000 ethnic Eritreans have been deported from 
Ethiopia. The deportees were provided with a $200 (1500 nakfa) grant 
from the Eritrean Relief and Refugee Commission, and, if they wished, 
were placed in villages with friends or family. Those who no longer had 
connections in Eritrea were placed temporarily in camps with other 
deportees and internally displaced persons before being PERSONAL 
COMPUTER\J\063935-A935A*-197-*****-*****-Payroll No.: -Name: -Folios: -
Date: April 28, 2000 -Subformat:settled in the general population. In 
order to facilitate the deportees' integration into society, the 
Government has provided deportees with documentation of Eritrean 
citizenry. Some of the deportees that have assumed Eritrean citizenry 
were ordered to report for military service. The Government 
significantly improved the process for the granting of exit visas to 
Ethiopians who wish to leave Eritrea.
    Clashes between government forces and EIS members in 1997 led the 
Government to restrict travel along much of the border with Sudan. Some 
areas remain heavily mined, a legacy of the war for independence, and 
occasionally new mines are set by the EIS, leading to additional travel 
restrictions (see Section 1.a.).
    Citizens largely are free to travel outside the country, although 
members of Jehovah's Witnesses (see Section 2.c.), officials of the 
former Ethiopian military regime, and those who have not completed 
national service have been denied passports or exit visas. In addition, 
as a result of the conflict with Ethiopia, the Government increasingly 
denied exit visas to some young men and women, apparently on the ground 
that they were approaching the age of eligibility for national service. 
In general citizens have the right to return. Instances in which 
citizens living abroad have run afoul of the law, have contracted a 
serious contagious disease, or have been declared ineligible for 
political asylum by other governments are considered on a case-by-case 
basis.
    Approximately 250,000 Eritreans have been displaced internally as a 
result of the conflict with Ethiopia. Many internally displaced persons 
have been settled temporarily in camps that also shelter deportees from 
Ethiopia. According to the ICRC, the conditions in the camps are 
Spartan but generally adequate.
    Following the renewal of fighting in February, the Government moved 
approximately 1,500 ethnic Ethiopians and some Eritreans away from the 
combat zone to a camp in Hawasheit. The Government then deported the 
ethnic Ethiopian women and children from Eritrea to Ethiopia, but 
released the men with warnings not to return to the border areas (see 
Section 1.d.).
    The law includes provisions for the granting of refugee or asylee 
status in accordance with the 1951 United Nations Convention Relating 
to the Status of Refugees and its 1967 Protocol. The Government 
cooperates with the office of the U.N. High Commissioner for Refugees 
(UNHCR) and other humanitarian organizations in assisting refugees. The 
Government provides first asylum and provided it to Sudanese refugees 
from the conflict in Sudan during the year. There were also 
approximately 2,200 Somalian refugees in the country. The Eritrean 
Relief and Refugee Commission, a government agency, is the principal 
organization for refugee issues.
    A pilot refugee return program sponsored by the UNHCR resulted in 
the repatriation of 25,000 Eritrean refugees from Sudan in 1995. 
However, the estimated 136,000 Eritrean refugees remaining in Sudan 
were not repatriated under the program because of the failure of the 
governments of Eritrea and Sudan to conclude an agreement on the 
modalities of such a repatriation. In December the Government and the 
UNHCR reached agreement on a repatriation program scheduled to begin in 
the year 2000 for the remaining Eritrean refugees in Sudan.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Although the Constitution provides for this right, citizens have 
not yet been able to change their government in multiparty elections. 
Credible reports suggest that authority within the Government is held 
very narrowly. The Government is dominated by the PFDJ, which came to 
power in the 1993 popular referendum in which over 98 percent of voters 
chose an independent Eritrea managed by a transitional government run 
by the PFDJ rather than electing to remain part of Ethiopia. The PFDJ 
still has not fulfilled the ambitious program that it initially 
outlined for a transition to a democratically elected government in 
1997. Elections originally scheduled for 1997 were postponed until 
1998. An electoral commission was established in 1997 to draft an 
electoral code for 1998 elections, but accomplished little because of 
the outbreak of the border conflict with Ethiopia, and elections again 
were postponed, this time indefinitely. There are no opposition 
parties. The government leadership stated that public education and 
institutional structures were needed before multiparty democracy would 
be established.
    Women are underrepresented in government and politics. In an effort 
to encourage broader participation by women in politics, the PFDJ named 
3 women to the party's Executive Council and 12 women to the Central 
Committee in 1997. Women participated in the Constitutional Commission 
(filling almost half of the positions on the 50-person Committee) and 
hold senior government positions, including the positions of Minister 
of Justice, and Minister of Labor.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Ministry of Foreign Affairs and the Ministry of Local 
Government jointly are responsible for handling human rights inquiries. 
All NGO's also must register with the Eritrean Relief and Refugee 
Commission. There are no domestic or international human rights 
organizations. In 1997 the Government proclaimed a policy restricting 
NGO activities to supporting the Government in the sectors of health 
and education. One human rights group, Citizens for Peace, was formed 
during 1998 to investigate and publicize Ethiopia's deportation of 
Eritreans. Journalists from the country's 11 independent newspapers met 
late in the year and formed an organizing committee to establish an 
independent journalists' organization. In October they filed for a 
license with the Ministry of Local Government, but had not received it 
by year's end.
    In 1995 the Government proclaimed that religious organizations, 
including religious-based NGO's, could not engage in development 
activities; however, this proclamation has not been enforced in 
practice (see Section 2.c.). In addition, in the latter part of the 
year, the four main religious groups (Orthodox, Catholic, Muslim, and 
Protestant) created a committee to coordinate the provision of relief 
services to ethnic Eritrean deportees from Ethiopia in conjunction with 
the Eritrean Refugee and Relief Organization. A 1998 decree prohibiting 
religiously affiliated organizations from running kindergartens has not 
been implemented yet (see Section 2.c.). In May 1998, the Government 
announced that all religiously funded schools providing a general 
education were to be incorporated into the state system, although no 
schools had been incorporated into the state system by year's end (see 
Section 2.c.).
    A governmental proclamation issued in 1996 required that all 
private NGO's hire only those who have completed their national 
service; however, this proclamation was not enforced in practice. This 
proclamation was part of the Government's effort to provide benefits to 
citizens who have served in the military.
    In January 1998, the Government ordered remaining NGO's to close 
down their programs, allegedly because they wasted too much money on 
administrative costs. Most NGO's left by mid-year, although several 
remained at year's end including Dutch Interchurch Aid, Lutheran World 
Federation, and Africare. However, several NGO's returned during the 
year when the Government sought to encourage greater NGO participation 
in development and humanitarian aid. Oxfam and Save the Children/UK 
established offices in the country during the year.
    In July 1998, the ICRC opened an office in the country. The ICRC 
was granted full access to assist those Ethiopians who wished to depart 
Eritrea and coordinated with its counterpart office in Addis Ababa to 
supervise cross-border exchanges. The ICRC expanded its programs during 
the year and provided shelter and supplemental food to approximately 
250,000 persons displaced by the conflict with Ethiopia. The ICRC also 
was permitted access to the few Ethiopians who remained in detention. 
However, the ICRC was not permitted to visit Ethiopian POW's (see 
Section 1.c.).
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution and the transitional Civil Code prohibit 
discrimination against women, children, and the disabled, and the 
Government generally enforces these provisions.
    Women.--The Government has taken a firm public stance against 
domestic violence. Health, police, and judicial authorities report that 
no serious domestic violence problem exists.
    The Government consistently advocated improving the status of 
women, many of whom played a significant role as fighters in the 
struggle for independence. Since independence women have enjoyed a 
legal right to equal educational opportunities, equal pay for equal 
work, and legal sanctions against domestic violence. In 1994 the Third 
Party Congress advocated more rights for women, including parity in the 
right to land and other property. However, much of society remains 
traditional and patriarchal, and most women have an inferior status to 
men in their homes and communities. The law provides a framework for 
improving the status of women, but laws are implemented unevenly, 
because of a lack of capacity in the legal system and ingrained 
cultural attitudes. In practice, males retain privileged access to 
education, employment, and control of economic resources, with more 
disparities in rural areas than in cities.
    The law requires that women between the ages of 18 and 40 
participate in the national service program, and during the year women 
were engaged in fighting in the conflict with Ethiopia.During the year, 
the Government began removing women from direct combat and assigning 
them other responsibilities, including training and heavy equipment 
operations.
    Children.--The Ministry of Labor and Human Welfare is responsible 
for government policies concerning the rights and welfare of children. 
In 1996 the Government created the Children's Affairs Division under 
the Ministry of Labor and Human Welfare. The Children's Affairs 
Division covers childcare, counseling, and probation. Education through 
grade 7 is compulsory and free; however, while the situation improved, 
there is a shortage of schools and teachers, and only about 60 percent 
of primary-school-aged children attend school. School attendance above 
grade 7, which is neither free nor compulsory, is 53 percent. 
Approximately 75 percent of the population are illiterate.
    A small number of children under the age of 18 entered military 
service, usually as the result of the absence of a proper birth 
certificate or other identification. When soldiers were found to be 
under the age of 18, they were removed from service.
    Female genital mutilation, which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, is widespread, with estimates placing the number 
of women and girls who have been subjected to FGM at 95 percent. FGM is 
practiced by almost all ethnic and religious groups. There is no law 
prohibiting FGM. The Government, through education programs sponsored 
by the Ministry of Health and the National Union of Eritrean Women, a 
government organization, discourages this practice.
    People With Disabilities.--The long war for independence left 
thousands of men and women physically disabled from injuries they 
received as guerrillas and as civilian victims. The Government spends a 
large share of its resources to support and train these war disabled 
citizens, who are regarded as heroes, and does not discriminate against 
them in training, education, or employment. There are no laws mandating 
access for the disabled to public thoroughfares or public or private 
buildings; however, many newly constructed buildings provide access for 
disabled persons.
    Religious Minorities.--Members of Jehovah's Witnesses generally are 
disliked and face some societal discrimination because of their refusal 
to participate in the independence referendum in 1993 and to perform 
national service, a refusal that is seen widely as unpatriotic.
Section 6. Worker Rights
    a. The Right of Association.--There are no government restrictions 
regarding the formation of unions, including within the military, the 
police, and other essential services. Labor association is encouraged 
by the Government, which promulgated Proclamation 8 in 1991 providing 
workers with the legal right to form unions and to strike to protect 
their interests. The National Confederation of Eritrean Workers (NCEW), 
which was part of the EPLF during the war, is independent of both the 
Government and the PFDJ. It represents over 23,000 workers from 129 
unions and receives some assistance from the ILO and foreign union 
organizations. The largest union is the Textile, Leather, and Shoe 
Federation. There were no strikes reported during the year.
    During the year, the Government ratified seven basic ILO 
conventions on forced labor, freedom of association, the right to 
organize and bargain collectively, equal remuneration, abolition of 
forced labor, non-discrimination in employment, and minimum age for 
employment.
    Unions may affiliate internationally, and all five workers' 
federations within the NCEW affiliated with international unions during 
the year.
    b. The Right to Organize and Bargain Collectively.--The 
International Labor Organization (ILO) provided assistance in 1993 to 
prepare the draft labor code, which prohibits antiunion discrimination 
by employers and establishes a mechanism for resolving complaints of 
discrimination. Wages are determined by the market.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including that performed by 
children, and it is not known to occur. All citizens between the ages 
of 18 and 40 are required to participate in the National Service 
Program, which includes military training as well as civic action 
programs. High school students also are required to participate in a 
summer work program, for which they are paid.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum age for employment is 18 years, although 
apprentices may be hired at age 14. Labor inspectors in the Ministry of 
Labor and Human Welfare are responsible for the enforcement of laws 
pertaining to the employment of children. According to labor officials, 
50 percent of children are not able to attend school due to a shortage 
of schools and teachers. It is common for rural children who do not 
attend classes to work on their family farms, and in urban areas, some 
children are street vendors of cigarettes, newspapers, or chewing gum. 
The Constitution prohibits forced or bonded labor, including that 
performed by children, and there were no reports that it occurred (see 
section 6.c.). There were reports that the Government inadvertently 
employed children under the age of 18 as soldiers (see Section 5).
    e. Acceptable Conditions of Work.--There are two systems regulating 
employment conditions--the civil service system and the labor law 
system. There is no legally mandated minimum wage in the private 
sector. In the civil service sector, wages vary from $34 to $400 (320 
to 3,800 nakfa) per month, with factory workers in government-owned 
enterprises earning the highest wages. The minimum wage does not 
provide the average worker and family with a decent standard of living.
    The standard workweek is 44\1/2\ hours, but many persons work fewer 
hours. Under the Labor Law, workers are entitled to 1 day of rest per 
week, and most workers are allowed 1 to 1\1/2\ days off per week. The 
Government has instituted occupational health and safety standards, but 
inspection and enforcement vary widely among factories. Workers are 
permitted to remove themselves from dangerous work sites without 
retaliation.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons; however, there were no reports that persons were trafficked 
in, to, or from the country.
                                 ______
                                 

                                ETHIOPIA

    Ethiopia continued its transition from a unitary to a federal 
system of government. Prime Minister Meles Zenawi leads the Government 
of the Federal Democratic Republic of Ethiopia (GFDRE), which was 
elected in 1995 to replace a transitional government established in the 
aftermath of a long and brutal civil war. Most opposition groups 
boycotted the elections. Candidates affiliated with the dominant party 
within the transitional government, the Ethiopian Peoples' 
Revolutionary Democratic Front (EPRDF), won a landslide victory in 
national and regional elections. Although observers judged the 
elections to be generally free and fair, they cited irregularities. 
Officials affiliated with the dominant coalition, the EPRDF, control 
the Government, and the principal faction within the EPRDF remains 
Prime Minister Meles' Tigray Peoples' Liberation Front (TPLF). Federal 
regions, largely organized along ethnic lines, increasingly are 
autonomous and have a large degree of local control over fiscal and 
political issues. However, the relationship between the central 
Government and local officials and among various judiciaries lacks 
consistent coordination and occasionally actions are taken at the local 
level that conflict with stated federal policy. A long history of 
highly centralized authority, great poverty, civil conflict, and 
unfamiliarity with democratic concepts combine to complicate the 
implementation of federalism. The federal Government's ability to 
protect constitutional rights at the local level is limited and uneven. 
Local administrative, police, and judicial systems remain weak 
throughout the country. The judiciary is weak and overburdened, but 
continued to show signs of independence.
    Military forces that had been assigned to help police and local 
militia in the Gambella and Benishangul-Gomuz regions establish order, 
control banditry, and curtail rebel activities were redeployed to areas 
bordering Eritrea. Without the military's assistance, these areas once 
again have experienced a breakdown in law and order. There was 
increased internal military presence in some parts of the Somali region 
and Oromiya. Armed conflict between the military forces of Ethiopia and 
Eritrea along contested border areas resumed in February. In addition, 
military forces conducted an increased number of low-level operations 
against the Oromo Liberation Front (OLF), the Somalia-based Al'Ittihad 
terrorist organization, and elements of the Ogaden National Liberation 
Front (ONLF) both in the country and in southern Somalia and northern 
Kenya. The national police organization is subordinate to the Ministry 
of Justice. Some local officials and members of the security forces 
committed human rights abuses.
    The economy is based on smallholder agriculture, with more than 85 
percent of the estimated population of 61.7 million living in rural 
areas under very basic conditions. Agriculture accounts for 
approximately 80 percent of total employment. Per capita gross national 
product (GNP) is estimated at $130 per year. Real GNP growth was 2 to 3 
percent. Total exports declined 18 percent to $494 million. The decline 
was due to a drop in the export value of coffee. Coffee accounted for 
70 percent of the value of 1998 exports and 60 percent of 1999 exports. 
The conflict with Eritrea has led to increased military spending. 
Military spending during the year was estimated to be $350 million. The 
Government continued to implement an economic reform program designed 
to stabilize the country's financial position, promote private sector 
participation in the economy, and attract foreign investment. In 
December the customs authority introduced a 10 percent surtax on most 
imports to raise funds for the war effort.
    The Government's human rights record generally was poor; although 
there were improvements in a few areas, serious problems remain. 
Security forces committed a number of extrajudicial killings. In 
November security forces killed up to 10 persons in Sodo while 
suppressing widespread riots and demonstrations in protest of the 
imposition of a new language as a medium of instruction in schools. 
Security forces at times beat and mistreated detainees, and arbitrarily 
arrested and detained citizens. Prison conditions are poor, and 
prolonged pretrial detention remains a problem. The Government 
continued to detain persons suspected of sympathizing with or being 
involved with the OLF. The Government continued to detain and deport 
without due process Eritreans and Ethiopians of Eritrean origin. Since 
the outbreak of the border conflict in May 1998, more than 67,000 such 
persons have left Ethiopia for Eritrea; the vast majority were 
deported, although a small number left voluntarily. Another 1,200 male 
Eritreans and Ethiopians of Eritrean origin are being held in 
internment camps. Although prompted by national security 
considerations, the expulsions and detentions raised fundamental 
concerns regarding arbitrary arrest and detention, forced exile, the 
forcible separation of families, and nationality issues, as well as the 
hardships and financial losses suffered by those who were detained or 
expelled. The judiciary lacks sufficient trained staff and funds, which 
limits its ability to provide citizens the full protection provided for 
in the Constitution. The Government continued to train additional civil 
and criminal judges and assigned them to regional courts. The Supreme 
Court reduced the number of judges required to hear a simple civil 
proceeding from three to one, thereby speeding up the provision of 
justice. TheGovernment infringes on citizen's privacy rights, and the 
law regarding search warrants is widely ignored.
    The Government restricts freedom of the press and continued to 
detain or imprison members of the press; however, fewer journalists 
were detained than in previous years. At year's end, eight journalists 
remained in detention, three of whom where charged with alleged 
involvement with terrorist activities. Approximately 45 journalists 
obtained bail during the year but still are subject to trial. Most were 
accused or convicted of inciting ethnic hatred, committing libel, or 
publishing false information in violation of the 1992 Press Law. 
Nevertheless, the private press is active and flourishing. Although the 
Government has not banned formally any newspaper or publication, the 
publication of some journals remains suspended due to the detention of 
editorial staff, and journalists continued to practice self-censorship. 
The Government at times restricted freedom of assembly. Despite 
Ministry of Education assurances to the contrary, the independent 
Ethiopian Teachers' Association (ETA) was not permitted to organize 
seminars in the regions. The Government limits freedom of association; 
however, the nongovernmental organization (NGO) registration process, 
which is slow and tedious, continued to improve. The Ethiopian Human 
Rights Council (EHRCO) was registered after a 7-year effort, and the 
organization won a suit against the Government for blocking its bank 
accounts; however, the Government continues to refuse the registration 
of some NGO's. The Human Rights League (HRL), which was founded in 1997 
by prominent Oromo civic leaders, has not been permitted to register, 
and its office records and equipment, confiscated by the Government in 
1998, have not been returned. In June ETA secretary general Dr. Taye 
Woldesemayat was convicted and sentenced to 15 years imprisonment for 
treason. Four codefendants were given prison sentences ranging from 8 
to 13 years. The sentences were much more severe than expected.
    While in general the Government respects freedom of religion, on 
occasion local authorities infringed on this right. The Government 
restricted freedom of movement. In August Eritreans residing in 
Ethiopia and those Ethiopians of Eritrean origin who voted in the 1993 
referendum on Eritrean independence were required to register with the 
SIRAA and issued 6-month residence permits. There were reports of the 
forced return of Djiboutian Afars who were not permitted to register as 
refugees. The border conflict with Eritrea, along with drought 
conditions in some areas, have displaced a large number of persons 
internally.
    Violence and societal discrimination against women, and abuse of 
children remained problems, and female genital mutilation (FGM) is 
widespread. The National Committee on Traditional Practices in Ethiopia 
(NCTPE) reported in September 1998 that FGM occurs in 72.7 percent of 
the female population, down from 90 percent in 1990. The Government 
supports efforts to eliminate FGM and other harmful traditional 
practices; however, such practices are widespread. The exploitation of 
children for economic and sexual purposes remained a problem. There are 
approximately 150,000 street children in urban areas, and their number 
is growing daily. Societal discrimination against disabled persons was 
a problem. Discrimination against religious and ethnic minorities 
persists. Child labor was a pervasive problem. Forced labor was also a 
problem, and there were some reports of trafficking in persons.
    The Government's Special Prosecutor's Office (SPO) continued 
conducting the trials of persons accused of committing crimes under the 
brutal Marxist regime (1974-91) of Colonel Mengistu Haile Mariam. 
Charges have been brought against 5,198 persons. All have been indicted 
and arraigned, and the testimony of victims continues to be heard in 
open court. However, more than half of those accused are not in custody 
and were charged in absentia. Most SPO detainees have been held in 
custody for 7 or 8 years awaiting trial and judgment.
    After extensive public consultations the House of People's 
Representatives (HPR) in October passed enabling legislation to meet 
the constitutional requirement to create a human rights commission and 
office of the ombudsman. The commission has full powers to receive and 
investigate all complaints of human rights violations made against any 
person. Neither entity was operational by year's end.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--The security forces 
committed a number of extrajudicial killings. In June a youth attending 
the funeral of All Amhara People's Organization (AAPO) founder Dr. 
Asrat Woldeyes was shot and killed by an undercover security officer 
who subsequently was arrested and charged for the crime. There were 
reports that in August security forces fired on a group of Somalis who 
wereprotesting the military's occupation of a Somali border town, 
killing two persons. There also were unconfirmed reports of 
extrajudicial killings by Government security forces from Oromiya and 
the Somali region.
    Actions taken by the Government as part of the border conflict 
resulted in some civilian deaths. In February an Ethiopian plane bombed 
the Eritrean village of Laili Deda, killing at least five Eritrean 
civilians and wounding several others. There were reports that in April 
Ethiopian forces shelled the border town of Adi Keyih, killing at least 
eight Eritrean civilians and wounding dozens of others.
    The Government announced a no-fly zone along its northern border 
soon after its military conflict with Eritrea began in May 1998. In 
August air defense forces shot down an unarmed civilian Learjet en 
route to South Africa from Italy when it violated the no-fly zone, 
killing two European nationals.
    In November student protests against the arrest of two teachers who 
criticized new textbooks in the Welayita speaking sections of the 
Southern Nations, Nationalities, and Peoples' Region State (SNNPRS) led 
to widespread demonstrations and riots (see Sections 1.d. and 5). 
Special police units called in to suppress the riot killed up to 10 
persons and wounded many others.
    In March a 70-year old man accused of involvement with OLF 
terrorist activities died in prison (see Section 1.c.). In June Kebede 
Desta, a defendant charged along with 127 others for genocide (see 
Section 1.d.), died in prison of multiple chronic illnesses. Also in 
June, ETA acting secretary general Shimelis Zewidie died the same month 
of tuberculosis. Many international labor observers and ETA officials 
claim that Shimelis Zewdie's medical condition was exacerbated by a 75-
day detention in late 1998.
    The Government provided financial support to a coalition of 
Eritrean opposition groups based in Sudan, which laid landmines in 
Eritrea that resulted in several civilian deaths.
    The outbreak of hostilities with Eritrea has led to Eritrean 
support of armed opposition groups that have been attempting to 
overthrow the Ethiopian Government. This has led to an increase during 
the year in armed attacks within Ethiopian territory by these groups 
operating mostly out of Somalia and Kenya. These attacks took the form 
of landmine incidents and hit-and-run attacks by guerrillas armed with 
small arms and grenades. In response the Government conducted military 
incursions into Somalia and around Kenya against these armed opposition 
groups. Some civilians and combatants were killed as a result of these 
attacks and in confrontations between government forces and the 
guerrillas, although the total number of deaths could not be confirmed.
    In 1997 the federal High Court in Addis Ababa began the arraignment 
and prosecution of 5,198 persons formally charged with genocide and 
other war crimes, including extrajudicial killings, under the previous 
regime. Of the 5,198 persons charged, 2,246 were in detention, while 
the remaining 2,952 were charged in absentia. At year's end, witnesses 
still were being heard and evidence taken in the ongoing trials. In 
November the federal High Court handed down a death sentence in 
absentia to Getachew Tebeka, a former district governor and army 
lieutenant. Terba was convicted of ordering the detention, torture, and 
execution of five alleged opponents of the Derg Government, and is the 
first SPO defendant to receive the death penalty.
    According to U.N. officials, Eritrean forces planted more than 
50,000 landmines in the Badme area during their occupation of the 
territory. At least 10 civilians were killed by landmine explosions 
while attempting to return to their homes in the area.
    In August and November, landmines derailed railroad engines pulling 
passenger trains outside Dira Dawa, killing at least four persons and 
injuring several others. Observers believe that the landmines were set 
by the radical Islamic group Al'Ittihad.
    Banditry remained a serious problem in parts of the country. 
Bandits, often heavily armed, killed civilians, police, and soldiers 
during robberies and attempted robberies. Most evidence suggests that 
their motives primarily were economic.
    There were unconfirmed reports that in November Eritrean forces 
killed 17 Ethiopian Afar civilians during a cross border attack.
    b. Disappearance.--There were no confirmed reports of 
disappearances perpetrated by the Government, although both domestic 
and international human rights groups claim that there were many 
politically motivated disappearances.
    In 1997 the federal High Court in Addis Ababa began the arraignment 
and prosecution of 5,198 persons charged withgenocide and other war 
crimes under the previous regime, including the disappearance of 14,209 
persons (see Section 1.a.).
    In January a foreign aid worker was kidnaped in the Somali region 
by unknown persons and taken to Somalia where he was released unharmed. 
In April unknown gunmen reportedly kidnaped three persons, including a 
foreign aid worker, in the Ogaden region.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits the use of torture and 
mistreatment; however, there were credible reports that security 
officials sometimes beat or mistreated detainees. Government media 
published occasional reports of officials who were jailed or dismissed 
for abuse of authority and violations of human rights.
    In November police injured many persons and killed up to 10 others 
while suppressing riots in the SNNPRS (see Sections 1.a., 1.d. and 5).
    There was an increase during the year in armed attacks within 
Ethiopian territory by Eritrean-supported opposition groups operating 
mostly out of Somalia and Kenya (see Section 1.a.). These attacks have 
taken the form of landmine incidents and hit-and-run attacks by 
guerrillas armed with small arms weapons and grenades.
    Prison conditions are poor and overcrowding remains a serious 
problem. Prisoners often are allocated fewer than 21.5 square feet of 
sleeping space in a room that may contain up to 200 persons. Prison 
food is inadequate, and many prisoners have food delivered to them 
every day by family members or use their own funds to purchase food 
from local vendors. Prison conditions are unsanitary, and access to 
medical care is not reliable. Prisoners typically are permitted daily 
access to prison yards, which often include working farms, mechanical 
shops, and rudimentary libraries. Visitors are permitted. Prison 
letters all must be written in Amharic, making outside contact 
difficult for non-Amharic speakers; however, this restriction is not 
enforced. Female prisoners are housed separately from men, and rape 
does not appear to be a problem.
    Several prisoners and detainees died during the year due to illness 
and disease (see Sections 1.a. and 1.d.).
    In May six detainees suspected of involvement in terrorist 
activities staged a 10-day hunger strike to protest the prison policy 
of keeping them in handcuffs 24 hours a day (see Section 1.d.). Another 
3-day prison wide hunger strike in protest of prolonged court 
proceedings took place in Kaliti prison in June.
    The army used military camps located near Zewaye Goba in Bale zone, 
Oromiya for the temporary detention and interrogation of OLF fighters 
and alleged supporters.
    In June approximately 1,200 internees of Eritrean origin and 172 
prisoners of war were moved from the Bilate detention camp to the 
Dedesa internment camp in western Oromiya. The new camp is in an area 
less prone to malaria. In July approximately 350 Eritrean prisoners of 
war (POW's) were moved from the Tigray region to the Dedesa internment 
camp.
    The Government permits independent monitoring of prison conditions 
and police stations by the ICRC and by diplomatic missions. The ICRC, 
in general, had access to federal and regional prisons, civilian 
detention facilities, and police stations throughout the country; 
however, after a July visit, the Government refused to allow the ICRC 
access to the Central Investigation Division (CID) detention facility 
in Addis Ababa, which holds upwards of 200 persons whose cases are 
under investigation. Furthermore, the ICRC was unable to gain access to 
police stations in Addis Ababa where ethnic Eritreans are believed to 
be detained. The ICRC had restricted access to military detention 
facilities in the east and the southeast, where suspected OLF fighters 
are held.
    The Government generally permitted the International Committee of 
the Red Cross (ICRC) access to detention facilities holding Eritrean 
POW's. The ICRC also regularly visited civilian Eritrean nationals and 
Ethiopians of Eritrean origin being detained on national security 
grounds. However, in February the Government instructed ICRC staff to 
leave the Tigray region. In April ICRC staff were permitted to visit 
POW's held in Tigray; however, the ICRC was not permitted to resume its 
program in Tigray until August.
    Government authorities permitted diplomats to visit prominent 
detainees held by the SPO for alleged involvement in war crimes and 
terrorist activities. These detainees include former Derg housing 
ministry official and governor of Sidamo, Abera Yemane-Ab, 1968 Olympic 
marathon winner Mamo Wolde, and former Addis Ababa University President 
Dr. Alemayehu Tefera. ETA secretarygeneral Dr. Taye Woldesemayat, now 
serving a 15-year sentence for plotting violent insurrection, also is 
permitted visitors from the diplomatic community.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution and 
both the criminal and civil codes prohibit arbitrary arrest and 
detention; however, the Government does not always respect these rights 
in practice.
    Under the Criminal Procedure Code, any person detained must be 
charged and informed of the charges within 48 hours and, in most cases, 
be offered release on bail. Those persons believed to have committed 
serious offenses may be detained for 15 days while police conduct an 
investigation, and for additional 15-day periods while the 
investigation continues. Some offenses, such as murder and treason, are 
not bailable. In practice, and especially in the outlying regions, 
authorities regularly detain persons without a warrant, do not charge 
them within 48 hours, and--if persons are released on bail--never 
recall them to court. Thousands of criminal suspects remained in 
detention without charge, most of whom were accused of involvement in 
OLF terrorist activities. Often these lengthy detentions are due to the 
severe shortage and limited training of judges, prosecutors, and 
attorneys.
    Federal and regional authorities arrested and detained persons 
without charge or trial for activities allegedly in support of armed 
opposition groups. The vast majority of these incidents took place in 
the Oromiya and Somali regional states. More than 7,500 persons 
allegedly associated with armed opposition groups remain in detention. 
Most detainees were accused of participating in armed actions by the 
OLF or the ONLF. In typical cases, security forces arrested and held 
these persons incommunicado for several days or weeks before eventually 
releasing them.
    The closed trial of 65 Oromos suspected of involvement in OLF 
terrorist acts continued. In March one of the Oromo defendants who was 
70 years of age died while in jail. In April three other defendants 
were granted bail. Six of the defendants staged a 10-day hunger strike 
in May to protest the prison policy of keeping them in handcuffs 24 
hours a day.
    Thirty-one AAPO officials and supporters, most detained since 1994, 
were convicted on treason charges in March. They were convicted of 
inciting an armed uprising and promoting civil war. Four of the 
individuals, an elderly defendant, two women, and a youth, received 4-
year sentences and were released for time served. The remaining 27 
received sentences ranging from 5 to 20 years.
    In response to attacks by armed opposition groups operating out of 
Somalia and Kenya (see Sections 1.a. and 1.c.), the Ethiopian military 
has conducted operations in and around the areas bordering Somalia and 
Kenya. These operations have resulted in the capture and detention of 
hundreds of opposition fighters and their suspected supporters on both 
sides of these borders during the year.
    A total of nine journalists were detained during the year, of whom, 
two remained in prison at year's end because they could not meet bail 
requirements (see Sections 1.e. and 2.a.). In April Samson Seyoum, the 
former editor in chief of two now defunct weekly independent newspapers 
who had been detained since December 1995, was sentenced to 4\1/2\ 
years' imprisonment on charges of incitement to war and attempting to 
spread Islamic fundamentalism (see Section 2.a.). In May another editor 
in chief was sentenced to 1 year and 1 month in prison for libel but 
was released in July for time served (see Section 2.a.).
    In December 1997, the trials began of three of the five journalists 
and editors associated with the opposition newspaper Urjii, who were 
arrested in October and November 1997 for violating the press law and 
for alleged involvement in OLF terrorist activists. The arrests of the 
journalists occurred without warrants, and the detainees were held 
incommunicado for up to a month. One of the detainees, charged only 
with violating the press law, was released on bail in December 1998; 
his trial was pending at year's end. The fifth detainee was convicted 
of violating the press law and sentenced to a year in prison, but five 
other charges still are pending against him (see Section 2.a.).
    In December the Government arrested up to 26 Nuer tribal political 
activists associated with the Gambella People's Democratic Congress 
(GPDC) (see Sections 3 and 5). Some of the activists were arrested for 
inciting Nuer students in November to demonstrate for the use of the 
Nuer language in school (see Section 2.b.), while others were arrested 
on suspicion of supporting the OLF. All of the activists remained in 
detention at year's end.
    On November 6, police arrested two teachers in Sodo in the SNNPRS 
for objecting to the use of a new language in student textbooks (see 
Section 5). Student demonstrations against the arrests led to 
widespread week-long demonstrations and riots. Special police units 
brought in to suppress the demonstrations killed up to 10 persons, 
injured hundreds and arrested up to 1,000 others (see Sections 1.a, 
1.c., and 5). A former Young Men's Christian Association camp in Sodo 
was used as a temporary detention facility for hundreds of 
demonstrators. At year's end, between 70 and 120 persons remained in 
detention in prisons in the Sodo area, including several elders from 
the Welayita community.
    In March 1997, the SPO formally charged 128 defendants with 
politically motivated genocide dating back to the 1976 ``red terror.'' 
In December 1998, the SPO began presenting prosecution testimony in the 
case of former Addis Ababa University President Alemayehu Tefera, 
imprisoned since 1993, although the charges on which he originally had 
been detained were dropped the same year. His petition to separate his 
case from the 127 other defendants was denied (see Section 1.a.). The 
court also started hearing testimony in December 1998 on the case of 
former Olympic marathon champion Mamo Wolde, who was charged with 
genocide for the state-sponsored killing of 14 teenagers during the 
prior regime. Wolde has been detained since 1992.
    In June the trial of ETA secretary general Dr. Taye Woldesemayet 
concluded with a conviction for treason and alleged involvement in an 
underground terrorist organization. He was sentenced to 15 years in 
jail. In handing down the sentence the court referenced two alleged 
terrorist acts that had been dropped from the list of charges against 
Dr. Woldesemayet during the trial. Four other SPO defendants also were 
convicted and given sentences ranging from 8 to 13 years. The sentences 
were much more severe than expected. In June another SPO defendant, 
Kebede Desta, died in prison of multiple chronic illnesses, and ETA 
acting secretary general Shimelis Zewidie died the same month of 
tuberculosis (see Sections 1.a. and 1.c.).
    Opposition groups allege that some of the persons detained by the 
SPO, as well as some others, are held for political reasons. The 
Government denies that it holds persons for political reasons.
    In February 39 Eritrean exchange students held in Bilate detention 
camp since July 1998 were released and flown by chartered aircraft to 
Asmara, Eritrea.
    Civilian residents of Eritrean origin have been detained since the 
outbreak of hostilities between Ethiopia and Eritrea. The Government 
justified these detentions on grounds of security. Approximately 1,200 
civilian residents of Eritrean origin remained detained in internment 
camps at year's end. There were credible reports that hundreds of 
others were held in police stations for months prior to being deported. 
The ICRC was not granted access to detainees allegedly held in police 
stations. A total of 512 Eritrean POW's captured in fighting between 
Ethiopia and Eritrea remained detained at year's end. Beginning in 
April, authorities began releasing Eritrean detainees if they could 
obtain visas to a country other than Eritrea. Approximately 90 
detainees have left Ethiopia, mostly to other African countries, 
particularly Uganda and Malawi. In early August, 25 Eritrean detainees 
obtained fraudulent travel documents and left Ethiopia to Malawi on a 
scheduled airline flight. They were detained in Malawi where they 
refused an offer of transit to Eritrea. The Malawian authorities then 
forcibly returned the former detainees to Ethiopia. One former detainee 
was killed and at least six were wounded in a confrontation with Malawi 
authorities (see Section 2.d.).
    Exile is illegal, and the Constitution provides that citizens shall 
not be deprived of their nationality against their wills; however, 
since the outbreak of conflict with Eritrea in May 1998, the Government 
has detained and deported more than 67,000 Eritreans and Ethiopians of 
Eritrean origin on national security grounds. Some of the deportees 
were voluntary returnees who had requested return to Eritrea; however, 
the vast majority were deported forcibly. Deportation orders originated 
from the Security, Immigration, and Refugee Affairs Authority in Addis 
Ababa. The Government's actions raised serious issues of due process 
since there were no preliminary hearings to determine the merits of the 
deportations, no right to counsel was provided to detainees, and 
detainees only had a very circumscribed opportunity to register 
protests. In addition, the issue of the nationality of Eritrean-origin 
Ethiopians has not been settled yet. Heads of households were taken 
without warning, detained, and often deported via overland routes 
within 48 hours. Remaining family members were given arbitrary 
deadlines to sell property and sometimes were subjected to departure 
taxes based on estimated annual income and unpaid balances on 
government bank loans. The ICRC monitored most border crossings until 
September when government notification to the ICRC ceased. Since 
September 4,000 Eritreans and Ethiopians of Eritrean origin were 
deported, reportedly without provision for their safety, hygiene, 
sanitation, or food. Some of these deportees were hospitalizedupon 
reaching Eritrea. In August all Eritreans and Ethiopians of Eritrean 
origin over 18 years of age who had taken part in the 1993 referendum 
on Eritrean independence were required to register with the Security, 
Immigration, and Refugee Affairs Authority (SIRAA) and complete 
residence application forms. After registration, applicants received 
identity cards and residence permits valid for 6 months (see Section 
2.d.).
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary is weak and overburdened. 
Although the federal and regional courts continued to show signs of 
judicial independence, in practice severe shortages of adequately 
trained personnel in many regions, as well as serious financial 
constraints, combined to deny many citizens the full protections 
provided for in the Constitution.
    Consistent with the Constitution, the Government continued to 
decentralize and restructure the judiciary along federal lines with the 
establishment of courts at the district, zonal, and regional levels. 
The federal High Court and federal Supreme Court hear and adjudicate 
original and appeal cases involving federal law, transregional issues, 
and national security. The regional judiciary is increasingly 
autonomous, with district (woreda), zonal, high, and supreme courts 
mirroring the structure of the federal judiciary. The Government has 
delegated some of the war crimes trials to the supreme courts in the 
regions where the crimes allegedly were committed.
    The Constitution provides legal standing to some preexisting 
religious and customary courts and gives federal and regional 
legislatures the authority to recognize other courts. By law, both 
parties to a dispute must agree before a customary or religious court 
may hear a case. Shari'a (Islamic) courts may hear religious and family 
cases involving Muslims. In addition, some traditional courts still 
function. Although not sanctioned by law, these courts resolve disputes 
for the majority of citizens who live in rural areas and who generally 
have little access to formal judicial systems.
    The outbreak of hostilities between Ethiopia and Eritrea adversely 
impacted the military justice system. Most foreign assistance to train 
officers and noncommissioned officers was suspended at the same time 
that the rapid expansion of the military greatly increased the need for 
trained military lawyers and judges. The military's involvement in the 
detention of opposition fighters and their suspected supporters has 
constrained further its badly overburdened justice system.
    The Constitution provides that persons arrested have the right to 
be released on bail. In most cases, bail is set between approximately 
$125 (1,000 birr) and approximately $1,250 (10,000 birr). At year's 
end, two journalists were being held in prison, since they could not 
meet these bail requirements. Certain offenses such as capital crimes 
are not bailable.
    Authorities detained hundreds of persons without charge for 
supposed involvement with the OLF and the ONLF (see Section 1.d.). Such 
cases often reflect arbitrary actions on the part of local officials 
but also result from an overburdened and cumbersome judicial system 
marked by a shortage of trained and competent prosecutors and judges.
    Regional offices of the federal Ministry of Justice monitor local 
judicial developments, but the federal judicial presence in the regions 
is limited. Anecdotal evidence suggests that some local officials 
interpret decentralization to mean that they no longer are accountable 
to any higher authority, even within their own regions. For example, 
local government officials throughout the country ignored instructions 
from the National Electoral Board (NEB) on the acceptance of candidate 
endorsement signatures from opposition party candidates.
    To remedy the severe lack of experienced staff in the judicial 
system, the Government continued to identify and train lower court 
judges and prosecutors, although officials acknowledge that the pay 
scale offered must be increased significantly to attract the required 
numbers of competent professionals. Senior government officials charged 
with judicial oversight estimate that the creation of a truly 
independent and skilled judicial apparatus would take decades. The 
Government has welcomed foreign financial and technical assistance to 
accelerate this process.
    Pending passage by regional legislatures of laws particular to 
their region, all judges are guided exclusively by the federal 
procedural and substantive codes.
    According to the Constitution, accused persons have the right to a 
public trial by an ordinary court of law within a reasonable time after 
having been charged. Accused persons have the right to be represented 
by legal counsel of their choice. However, in practice, lengthy 
pretrial detention was common, closedproceedings occurred, and at 
times, detainees were allowed little or no contact with their legal 
counsel. The Public Defender's Office provides legal counsel to 
indigent defendants, although its scope remains severely limited, 
especially with respect to SPO trials. The law does not allow the 
defense access to prosecutorial evidence before the trial.
    The SPO was established in 1992 to create a historical record of 
the abuses committed during the Mengistu Government and to bring to 
justice those criminally responsible for human rights violations. The 
federal High Court has considered the cases of 2,658 defendants accused 
of genocide, war crimes, and aggravated homicide. Trials began in 1994 
and continue; however, the process is subject to frequent and lengthy 
adjournments. Court appointed attorneys, sometimes with inadequate 
skills and experience, represent many of the defendants, following 
claims that they could not afford an adequate defense. Of the 5,198 
defendants, the Government is trying 2,952 in absentia, including 
former dictator Colonel Mengistu Haile Mariam, who returned to exile in 
Zimbabwe after a brief visit during the year to South Africa for 
medical treatment. All the defendants in custody appeared before the 
court during the year with many defendants charged and tried 
collectively in each instance. Most cases still were in progress at 
year's end. No SPO defendant has been released on bail, although 33 
defendants have been released for lack of evidence. A number of 
defendants have been convicted, including Lieutenant Getachew Tekeba, 
who was sentenced to death in absentia (see Section 1.a.), and Colonel 
Zeleke Zerihun, who received a 15-year sentence for genocide and crimes 
against humanity. In July the Minister of Agriculture of the prior 
regime, Dr. Geremew Debele, received an 8-year sentence on charges 
related to abusing employees of the central slaughterhouse. The court 
cleared him of murder charges. He was released for time served but his 
political rights reportedly are limited for the next 3 years.
    f. Arbitrary Interference with Privacy, Family, Home or 
Correspondence.--The law requires judicial search warrants; however, 
they seldom are obtained outside of Addis Ababa in practice.
    There were credible but unconfirmed reports that in certain rural 
areas local officials used threats of land redistribution to enforce 
support for the ruling coalition. There also were credible reports that 
teachers and other government workers have had their employment 
terminated if they were not of the dominant ethnic group in their 
region (see Section 5).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution and the 1992 
Press Law provide for the freedom of free speech and of the press; 
however, the Government used legal and other mechanisms to restrict 
these rights in practice. The Government continued to prosecute 
journalists and editors for publishing articles that violated the Press 
Law, and some journalists practiced self-censorship. Nonetheless, the 
private press was very active and often published articles extremely 
critical of the Government.
    The Government uses provisions of the Press Law concerning 
publishing false information, inciting ethnic hatred, and libel to 
justify the arrest of journalists. The number of journalists in prison 
dropped from 15 at the beginning of the year to 8 at year's end: a 
total of 9 journalists were detained during the year, including 2 who 
remained in detention at year's end. Most of the journalists detained 
were accused of violating the Press Law.
    Five journalists of the Oromo-oriented private weekly ``Urjii'', 
arrested in October and December 1997, are among the group of 65 Oromos 
indicted for involvement in OLF terrorist activities (see Section 
1.d.). Three of these journalists remain in prison and also are on 
trial for press law violations. In March the acting editor in chief of 
Urjii, Alemu Tolossa, was released after paying bail of approximately 
$125 (1,000 birr). Former Urjii publisher and secretary general of the 
Human Rights League, Garoma Bekele, was convicted on one count of 
violating the press law and, in May, was sentenced to 1-year's 
imprisonment. Five other Press Law charges are pending against him.
    Two journalists detained for violating the Press Law remain in jail 
because they cannot meet bail (see Section 1.e.). Approximately 45 
journalists who obtained bail still are subject to trial for violations 
of the Press Law.
    In April Samson Seyoum, former editor in chief of Agere and 
Tequami, now defunct weekly independent newspapers, was sentenced to 
4\1/2\ years' imprisonment on charges of incitement to war and 
attempting to spread Islamic fundamentalism. This is the longest 
sentence handed down to any journalist in the country. Seyoumhad been 
detained since December 1995. In August the court released Samson 
Seyoum pending appeal of his conviction. In May Fisseha Alemu, editor 
in chief of the newspaper Tarik, was sentenced to 1 year and 1 month in 
prison for libel. In July he was released for time served.
    In December the editor in chief of the Amharic-language newspaper 
Tobia was given a 6-month suspended sentence for publishing an article 
allegedly inciting ethnic animosities against Tigrayans.
    In May and June, three newspaper editors, Abonesh Aberra and Sisay 
Agena of Ethop, and Dawit Taye, former editor in chief of Aemero, both 
independent weekly newspapers, were found not guilty and acquitted of 
Press Law violations. The charges related to news reports and 
editorials on the assassination attempt against Egyptian President 
Hosni Mubarak in Addis Ababa in June 1996 that were critical of 
Ethiopian security.
    However, despite the overhanging threat of legal action, the 
private press is still very active. Many private newspapers continue to 
publish false information, unsubstantiated stories, and harsh 
antigovernment articles without any official sanction. The Government 
has not banned any newspaper or publication. The office of the 
government spokesperson was created in 1998 as a temporary entity 
responsible for distributing press releases on the border conflict with 
Eritrea to the Ethiopian news agency, foreign news agencies, foreign 
embassies, and international organizations. The Government continued to 
bar some private newspapers and news organizations from attending 
government briefings and press conferences, and most government 
officials still refuse to meet with private journalists.
    The Ethiopian Free Press Journalist's Association (EFPJA), which 
consists of 80 members from the private press, has been trying for 5 
years to gain Ministry of Justice approval for its registration as a 
professional association, without success (see Section 2.b.).
    Although most independent newspapers have supported the 
Government's position on the conflict with Eritrea, the private press 
remained confrontational and continued to publish articles extremely 
critical of the Government and continued to report on human rights 
abuses.
    According to the Constitution, citizens generally are free to 
discuss publicly any topic they choose; however, on occasion the 
Government restricted this right in practice. The Government opposed 
the activities and operations of groups critical of the Government such 
as the ETA and the HRL (see Sections 2.b. and 4), and arrested two 
teachers who criticized a new government education policy (see Sections 
1.d. and Section 5). Nevertheless, several groups critical of the 
Government held press conferences and public meetings without 
retribution. For example, in June EHRCO held a news conference that was 
covered by both government and private news media, and in November 
Parliament invited opposition political parties to appear on a 
political panel with EPRDF leadership, during which opposition 
criticism of government policy was reported on national radio and 
television.
    Because of a high illiteracy rate and extreme poverty, only about 1 
percent of citizens regularly read any newspaper or magazine. While the 
literacy rate for persons over 10 years of age in Addis Ababa is 82.5 
percent, the overall literacy rate is only 23.4 percent. Furthermore, 
private newspapers are not circulated widely outside the capital and, 
as a result, citizens outside of Addis Ababa have extremely limited 
access to the print media.
    There are 27 independent Amharic language weekly newspapers and 6 
independent English language weekly newspapers with an estimated total 
circulation of 144,000. There are 5 EPRDF coalition party newspapers, 
published in Amharic, Tigrigna, and Oromiffa languages, with a total 
circulation of 120,000.
    Nearly all private newspapers as well as state newspapers are 
printed at one of the state-owned printing presses, but there were no 
reports of problems printing any newspapers or magazines. The Ministry 
of Information and Culture requires that newspapers show a bank balance 
of approximately $1,250 (10,000 birr) at the time of their annual 
registration for a license. In December the Ministry reportedly ordered 
12 newspapers, including 4 weekly independent political newspapers, to 
close when they were unable to show sufficient bank assets.
    While much of the private press continues to lack professionalism 
in its reporting, some print media are developing into more responsible 
publications. Others actually are opposition newsletters that often 
purvey unsubstantiated criticism of the Government. Several are tied to 
distinct ethnic groups, especially the Amharas and Oromos, but severely 
criticize the Government for being ethnocentric. Newspapers critical of 
government leaders and their policies are available widely in the 
capital but scarce elsewhere.
    Foreign journalists continued to operate freely and often wrote 
articles critical of government policies. They or their local 
affiliates were granted greater access to government officials than 
were local independent journalists. A number of foreign journalists 
were allowed to go to the war front under restricted circumstances. 
About 10 Ethiopian affiliates of foreign news agencies also were 
permitted to go to the war front in February and August to visit 
liberated areas and Eritrean prisoners of war. Local journalists 
representing privately owned newspapers were denied access to the war 
front.
    Radio remains the most influential medium for reaching citizens, 
especially those who live in rural areas. The Press Law allows for 
private radio stations, but there only are two nongovernmental radio 
stations in operation: Radio Fana, a station controlled by the ruling 
EPRDF coalition, and the Tigray People's Liberation Front (TPLF) radio, 
which broadcasts in the Tigrigna language from Mekele. The Government 
operates the sole television station, and news is controlled tightly. 
However, there are no restrictions on access to international news 
broadcasts. Ownership of private satellite receiving dishes and the 
importation of facsimile machines and modems are permitted. Internet 
access is unrestricted. During the year, the Government issued 
regulations providing for the licensing of private Internet service 
providers; however, no private Internet service providers were 
operating at year's end. Private satellite transmission uplinks are not 
allowed, even for international organizations.
    In June the Government issued a broadcast proclamation creating a 
broadcasting authority to review applications for private radio and 
television licenses; however, there were delays in promulgating the 
proclamation and establishing the authority. The broadcast proclamation 
prohibits political parties and religious organizations from owning 
stations; foreign ownership also is prohibited.
    The official media, including broadcast, wire service, and print 
media, legally are autonomous and responsible for their own management 
and partial revenue generation, although they continue to receive 
government subsidies. Government reporters practice self-censorship, 
but at times questioned official policies. The Government's press and 
information department acts as an official spokesperson and implemented 
the 1996 Information Policy, which guides contacts among the 
Government, the press, and the public.
    Academic freedom is respected; however, in general, political 
activity is not encouraged on university campuses. The Ministry of 
Education has approved the charter for the country's first private 
university, Unity College. This 4-year college is to offer a complete 
bachelor's degree program, including a major in journalism. Despite 
government assurances that Addis Ababa University would not be affected 
by the conflict with Eritrea, in 1998 the institution dismissed nine 
Ethiopian academics of Eritrean origin. In addition, in 1998 the 
authorities detained approximately 82 Eritrean exchange students early 
in the hostilities. Most of the students were released in 1998, and in 
February the last 39 students were released and returned to Eritrea 
(see Section 1.d.).
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of peaceful assembly; however, on occasion the 
Government restricted this right in practice. Organizers of large 
public meetings or demonstrations must notify the Government in advance 
and obtain a permit. While there were no reports that any permits were 
denied, there were long unexplained delays in issuing permits, which 
hindered the ability of groups to organize events. EHRCO and some 
opposition political parties reported that they had difficulties 
renting halls from local government officials. The ETA was not 
permitted to organize seminars in the regions, despite Ministry of 
Education assurances in 1998 that it would be allowed to do so.
    In January the Coalition of Ethiopian Opposition Political 
Organizations held a rally in Addis Ababa to announce its political 
agenda. The rally was attended by fewer than 3,000 persons. The 
organizers stated that they were unable to organize properly for the 
event because local authorities did not approve their permit for the 
rally until the day before the event was to occur. Both the government 
and private press covered the rally.
    In November student demonstrations against the arrest of two 
teachers who criticized new textbooks in the Welayita speaking sections 
of the Southern Nations, Nationalities, and Peoples' Region State 
(SNNPRS) led to widespread demonstrations and riots during which police 
killed up to 10 persons, injured hundreds, and arrested and detained as 
many as 1,000 others (see Sections 1.a., 1.c. 1.d. and 5).
    In November Nuer students in the Gambella region demonstrated for 
the use of the Nuer language in schools (see Section 5). In December 
the Government arrested up to 26 Nuer tribal politicalactivists and 
leaders associated with the GPDC on charges of inciting the Nuer 
students to demonstrate (see Sections 1.d. and 5.).
    The Constitution provides for freedom of association and the right 
to engage in unrestricted peaceful political activity; however, the 
Government limits this right in practice. The Government changed its 
procedures for registration of NGO's in 1996, and the NGO registration 
process has improved significantly over previous years; however, a 
number of policy issues regarding NGO's remain unresolved, and the NGO 
registration process still is extremely slow. Primary registration 
rests with the Ministry of Justice. EHRCO was granted registration as 
an NGO in June, after a 7-year effort. However, the Ethiopian Free 
Press Journalist's Association (EFPJA), which consists of 80 members 
from the private press, has been trying for 5 years to gain Ministry of 
Justice approval for its registration as a professional association, 
without success. The Ministry of Justice recognizes the Ethiopia 
Journalists' Association (EJA), which represents journalists working 
for government-owned media.
    Authorities closed the offices of the HRL in April 1998, on the 
grounds that some HRL board members wished to use the organization as a 
front for the OLF. Board members denied any connection to the OLF. The 
HRL had been operating without a license, but it had fulfilled the 
prerequisites for licensing and had been waiting for over a year to get 
a license (see Section 4). The government investigation of the HRL was 
ongoing at year's end, and the contents of its office, confiscated by 
the Government in 1998, have not been returned.
    The Government requires political parties to register with the NEB. 
Parties that do not participate in two consecutive national elections 
are subject to deregistration. Registered political parties also must 
receive permission from regional governments to open local offices. The 
opposition AAPO complained that the Oromiya regional government has 
refused its application to open branch offices in the region. There are 
58 organized political parties. Of these, eight are national parties, 
and the remainder operate only in limited areas. In June a European 
diplomat received an official reprimand from the Ministry of Foreign 
Affairs for inviting a registered political party to meet with the 
international donor working group to discuss preparations for elections 
in 2000 (see Section 3).
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, while the Government generally respects freedom of 
religion in practice, on occasion local authorities infringed on this 
right.
    The Government requires that religious groups be registered. 
Religious institutions, like NGO's, are registered with the Ministry of 
Justice and must renew their registration every year. Unlike NGO's, 
religious groups are not subject to a rigorous registration process. 
Two religious organizations reportedly have refused to comply with the 
government requirement that they register, without consequence. Under 
current law, a religious organization that undertakes development 
activities must register its development wing separately as an NGO. The 
Government does not issue work visas to foreign religious workers 
unless they are attached to the development wing of a religious 
organizations. Religious groups are not accorded duty-free status, but 
they are given free government land for churches, schools, hospitals, 
and cemeteries. Religious groups, like private individuals or 
businesses, must apply to regional and local governments for land 
allocation. An interfaith effort is underway to promote revision of the 
law, since it affects the duty-free status of religious groups.
    In March Jehovah's Witnesses received a letter of apology from a 
court in Tigray for actions taken in 1998 by local officials to disrupt 
a religious service and the temporary detention of some 50 believers. 
There are more than 3,000 members of Jehovah's Witnesses in the 
country. When the Government began deporting Eritreans and Ethiopians 
of Eritrean origin in 1998, it decided that members of Jehovah's 
Witnesses of Eritrean origin, who might face religious persecution in 
Eritrea, were not to be subject to deportation. Approximately 100 
members of Jehovah's Witnesses from Eritrea were permitted to remain in 
the county despite their Eritrean nationality.
    There was a credible report that local officials extorted medical 
supplies from a clinic operated by a religious organization for sale on 
the black market. The officials threatened to cancel the NGO 
registration of the clinic if they did not cooperate.
    Evangelical leaders have complained of strict regulations on the 
importation of bibles, as well as heavy customs duty on bibles and 
other religious articles; however, bibles and religious articles are 
subject to the same customs duty as are all imported books and most 
imported items.
    There were some instances of conflict among religious groups, most 
noticeably between Orthodox Christians on the one hand, and 
evangelicals and Pentecostals on the other. While some Pentecostals and 
evangelicals complained in past years that the police failed to protect 
them adequately during instances of interreligious conflict, there were 
no complaints of inadequate police protection during the year. In most 
interreligious disputes, the Government maintains neutrality and tries 
to be an impartial arbitrator. Some religious leaders have requested 
the establishment of a federal institution to deal with religious 
groups. The Government considered the request, but had taken no action 
to establish such a federal institution by year's end.
    The Constitution requires the separation of church and state. The 
Government has interpreted this constitutional provision to mean that 
religious instruction is not permitted in schools, whether they are 
public or private schools. Catholic, Orthodox, evangelical and Muslim-
owned and operated schools are not permitted to teach religion as a 
course of study. Most private schools teach a morals course as part of 
the school's curriculum, and the Government Education Bureau in Addis 
Ababa has complained that such courses are not free of religious 
influence. Churches are permitted to have Sunday schools, the Koran is 
taught at mosques, and public schools permit the formation of clubs, 
including those of a religious nature.
    Muslim leaders complained that public school authorities sometimes 
interfered with their free practice of Islam. Certain public school 
teachers in the SNNPRS, Addis Ababa, and in the Amhara region objected 
to Muslim schoolgirls covering their heads with scarves while at 
school. In February a school in Woldea in the Amhara region closed for 
3 weeks when Muslim girls insisted on wearing their headscarves to 
class. In April Muslim leaders complained that Addis Ababa University 
refused to serve food appropriate for the Muslim Eid feast to Muslim 
students. When three Muslim students complained, the university 
expelled them.
    Protestant groups occasionally complained that local officials 
discriminate against them when seeking land for churches and 
cemeteries. Evangelical leaders complain that because they are 
perceived as ``newcomers'' they remain at a disadvantage compared with 
the Ethiopian Orthodox Church and the Supreme Islamic Council when it 
comes to the allocation of land.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement, including the right of domestic and foreign travel, 
emigration, and repatriation; however, the Government restricted these 
rights in practice. In principle, citizens can freely change their 
residence or workplace; however, since the outbreak of the border 
conflict with Eritrea in May 1998, Eritreans and Ethiopian citizens of 
Eritrean origin were subjected to detention and deportation to Eritrea. 
By year's end, more than 67,000 such persons had been compelled to 
leave or had left Ethiopia for Eritrea; the vast majority were 
deported, although a small number left the country voluntarily to join 
family members who were deported (see Section 1.d.). It is estimated 
that more than 200,000 Eritreans and Ethiopians of Eritrean origin 
remain in Ethiopia. In August the Government decreed that all 
Eritreans, 18 years of age and above residing in Ethiopia who either 
had taken part in the 1993 referendum on the independence of Eritrea 
from Ethiopia or who had been granted Eritrean citizenship, had to 
register as aliens with the SIRAA immediately. Those registering would 
be issued an identity card and given a 6-month residence permit; 
however, this permit does not permit individuals access to hospitals or 
other public services. The Ethiopian passports of residents of Eritrean 
origin routinely were confiscated or restricted in use for a single 
exit and no reentry.
    Beginning in April, the Government adopted a policy of releasing 
those Eritrean detainees from the Bilate and Dedesa internment camps 
who could obtain visas to a country other than Eritrea. Approximately 
90 detainees took advantage of this opportunity, with most going to 
African countries, particularly Uganda and Malawi. In August 25 
detainees obtained fraudulent Malawian visas and traveled to Malawi 
with government-issued laissez-passers. They were returned forcibly to 
Ethiopia after refusing an offer to travel to Eritrea. One former 
detainee died and at least six others were wounded in a confrontation 
with Malawi police. The Government reportedly reacted to this incident 
by deciding not to permit detainees to depart for countries in Africa.
    The law requires citizens and residents to obtain an exit visa 
before departing the country. Eritreans and Ethiopians of Eritrean 
origin have been able to obtain exit visas but often are not permitted 
to return to the country.
    In Addis Ababa and western Gondar in the Amhara region there are 
very small concentrations of Ethiopian Jews (Falashas) and those who 
claim that their ancestors were forced to convert from Judaism to 
Ethiopian Orthodoxy (Feles Mora). Approximately 3,000 Feles Mora 
migrated voluntarily from the western Amhara region to Addis Ababa in 
1991 at the time of ``Operation Solomon,'' when a large number of 
Falashas were airlifted to Israel. The Feles Mora also seek to 
immigrate to Israel. The number of Feles Mora in the country is 
approximately 9,000. Israeli officials evaluate the Feles Mora 
immigration claims on a case-by-case basis and estimate that 
approximately 20 percent of the Feles Mora eventually may be eligible 
to immigrate under Israel's law of return. In June the Israeli 
Government announced that 3,500 Falashas requesting citizenship would 
be airlifted from Quara, Ethiopia to Israel, and in July 6 Israeli 
officials went to Gondar to process applications. All the eligible 
Falashas in Quara left for Israel by year's end.
    As a result of the border dispute with Eritrea, approximately 
343,000 persons have been displaced internally. The Government has 
presented relief and rehabilitation proposals for these internally 
displaced persons to bilateral donors and NGO's.
    The law includes provisions for the granting of refugee and asylee 
status in accordance with the provisions of the 1951 U.N. Convention 
Relating to the Status of Refugees and its 1967 Protocol. The 
Government generally treats asylum seekers fairly and cooperates with 
the UNHCR and other humanitarian organizations in assisting refugees 
and returning citizens. However, there were reports of the forced 
return of Djiboutian Afars who were not permitted to register as 
refugees.
    Ethiopia hosts 261,661 refugees; most are from Somalia and Sudan. 
The Government, in cooperation with UNHCR, continues to provide first 
asylum to refugees from Sudan and Somalia. Along the border of 
northwest Somalia 195,345 Somali refugees were settled in eight camps, 
down from 600,000 in 1996. Along the Sudanese border 58,600 Sudanese 
refugees were settled in four refugee camps around Gambella and Asossa 
at year's end. Approximately 80 percent of the Sudanese refugees are 
women and children. There are approximately 1,500 Djiboutian Afar 
asylum-seekers remaining in the country, down from a high of 18,000 
when Djiboutian Afars first entered the country in 1993. These asylum 
seekers have requested but never were granted formal registration by 
the Ethiopian Agency for Refugee and Resettlement Affairs (ARRA). 
Negotiations began in 1997 between the Government and the UNHCR 
concerning their status and were ongoing at year's end. ARRA conducted 
an informal registration of Djiboutian Afars in May without UNHCR 
involvement.
    In June Kenya repatriated 1,388 Ethiopians from refugee camps. In 
October the Government began repatriating 4,700 Kenyans from the Moyale 
refugee camp; however, approximately 550 Kenyan refugees were turned 
away at the Kenyan border due to a lack of proper identification and 
were returned to the camp. They had not been repatriated by year's end. 
During the year the UNHCR repatriated approximately 15,000 Somalian 
refugees to northwest Somalia.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    Citizens exercised the right to vote for a national government for 
the first time in 1995; however, most opposition groups boycotted the 
election, claiming that the Government impeded their ability to 
participate in the political process, and those who participated 
complained of harassment. The boycott was one of the factors that led 
to an overwhelming victory by the better-funded and better-organized 
EPRDF over candidates of the relatively weak and poorly organized 
opposition parties and independent candidates. Nevertheless, observers 
organized by foreign donor governments, the Organization of African 
Unity (OAU), and a coalition of domestic NGO's judged the elections to 
be generally free and fair, although they cited numerous 
irregularities.
    The Constitution requires that elections to the national 
legislative body, the HPR, be held every 5 years; the next elections 
are scheduled for May 2000. Seventeen opposition political parties are 
expected to contest the election, including the AAPO, the Southern 
Ethiopia People's Democratic Coalition, and the Oromo National 
Congress. In August all registered political parties were invited to a 
meeting sponsored by Africa Initiative for a Democratic World Order and 
the Addis Ababa University student association to discuss the ground 
rules for the elections. In November the Government initiated a dialog 
with opposition parties to discuss preparations for the election. 
Government officials stated that they would accept election monitoring 
by the OAU, local U.N. staff, and domestic NGO's, but that they would 
not invite international observers. In June a European diplomat 
received an official reprimand from the Ministry of Foreign Affairs for 
inviting a registered political party to meet with the international 
donor working group to discuss preparations for the year 2000 
elections. The Governmentstated that it would make efforts to level the 
playing field for non-EPRDF political parties, particularly in regard 
to access to mass media and the ability to open offices. The Government 
addressed one primary complaint of opposition parties by establishing 
an election time-table for nominating party candidates and for campaign 
activities that is much longer than the time-table used in the 1995 
elections. In December the HPR struck down the election law that 
required civil servants to resign from their posts if they wished to 
run for elections.
    The NEB is investigating abuses of election laws related to 
candidate registration for the 2000 election in the SNNPRS and in the 
Gambella region. There were credible reports the local officials 
throughout the country ignored NEB instructions on the acceptance of 
candidate endorsement signatures from opposition party candidates. In 
December the Government arrested up to 26 Nuer tribal political 
activists associated with the GPDC on charges of inciting Nuer students 
in November to demonstrate for the use of the Nuer language in schools 
(see Sections 1.d. and 5.). The GPDC claimed that charges were without 
merit and that the Government was attempting to interfere with the 
political process for the 2000 elections. The NEB sent investigators to 
the region, but had not issued a report by year's end. Political 
participation remains closed to a number of organizations that have not 
renounced violence and do not accept the Government as a legitimate 
authority. These groups include Medhin, the Coalition of Ethiopian 
Democratic Forces, the Ethiopian People's Revolutionary Party, the 
Oromo Liberation Front, some elements of the Ogaden National Liberation 
Front, and several smaller Somali groups. The AAPO complained that the 
Oromiya regional government refused its application to open branch 
offices in the region (see Section 2.b.).
    Neither law nor practice restricts the participation of women in 
politics; however, while women's status and political participation are 
greater than ever, women are underrepresented in national politics, the 
Council of Ministers, and among the leadership of all political 
organizations. Only 1 of the 15 members of the Council of Ministers is 
a woman; 2 other women hold ministerial rank; and a number of others 
hold senior positions. There only are 15 women among the 545 members of 
the HPR, and only 8 of 115 members in the upper house, the House of 
Federation, are women, including the speaker. Among the 23 judges on 
the Federal High Court, 6 are women, and there are 2 women on the 
Supreme Court.
    The government policy of ethnic federalism led to the creation of 
individual constituencies to help ensure representation in the HPR of 
all major ethnic groups; however, small ethnic groups were not 
represented in the legislature. There are 23 nationality groups in 6 of 
the region states that do not have a sufficient population to qualify 
for constituency seats, and as a result, the Government determined that 
individuals from these nationality groups would compete in 2000 for 23 
special seats in addition to the 545-seat HPR.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Human rights organizations include EHRCO, the HRL, the Ethiopian 
Women's Lawyers Association, the Inter-Africa Group, the National 
Committee on Traditional Practices, the Peace and Development 
Committee, the Society for the Advancement of Human Rights Education, 
Enwayay, the Center for Local Capacity Building and Studies, African 
Initiatives for a Democratic World Order, and Hundee. These and 
numerous other groups primarily are engaged in civic and human rights 
education, legal assistance, and trial monitoring. The Research Center 
for Civil and Human Rights was registered in January, having applied in 
1997. In June EHRCO, which monitors human rights, received legal status 
as an NGO after a 7-year effort, after winning a suit in January 
against the Government for blocking its bank accounts. The HRL, founded 
by prominent Oromo civic leaders in 1997, still is being investigated 
by the Government for its alleged ties to the OLF. Authorities closed 
the offices of the HRL in April 1998 and confiscated the contents of 
its offices, which have not been returned (see Section 2.b.). In 
October the Ministry of Justice decertified the Ethiopian Congress for 
Democracy, reportedly for financial irregularities.
    In March 160 domestic and international NGO's signed a code of 
conduct and formed a code observance committee. The code details 
standards of conduct for numerous areas including moral and ethical 
integrity, transparency and accountability, good governance, gender 
equity, and environmental consciousness. The code observance committee, 
composed of five members elected by the NGO general assembly and two 
representatives from civil society at large, hears and decides matters 
in all instances involving a violation or breach of the code.
    The ICRC conducts regular visits to detention centers and prisons 
throughout the country; however, since July the Government hasdenied it 
access to the Central Investigation Department of the Addis Ababa 
police. In addition, the ICRC was unable to gain access to police 
stations in Addis Ababa where ethnic Eritreans are believed to be 
detained (see Section 1.c.). Until September the ICRC escorted ethnic 
Eritrean deportees during their several mile walk across ``no man's 
land''--the distance from the deportation bus stops at the Ethiopian 
border into Eritrea. However, in September the Government ceased to 
inform the ICRC of deportations (see Section 2.d.). The ICRC was given 
access to Eritrean POW's in camps along the border with Eritrea and in 
other regions; however, in February the Government asked the ICRC to 
leave the Tigray region for several months (see Section 2.d.). In 1998 
the Government invited the ICRC, international NGO's, and foreign 
diplomats to visit centers where detained Eritreans were gathered prior 
to deportation, and permitted diplomats to visit ethnic Eritrean 
detainees in Bilate prison camp. In April diplomats visited Bilate 
prison camp.
    The Government is required under the Constitution to establish a 
human rights commission and office of the ombudsman. An international 
conference on the subject was held in 1998, followed by extensive 
public hearings during the year attended by NGO's, opposition groups, 
and a wide variety of members of civic society. The HPR passed enabling 
legislation in October. The office of the ombudsman is expected to have 
the authority to receive and investigate complaints with respect to 
misadministration by executive branch offices. Neither entity was 
operational by year's end.
    The Government continues to encourage international human rights 
groups and foreign diplomats to observe the war crimes trials that 
began in 1994. Officials of the Federal Security Authority generally 
have been responsive to requests for information from the diplomatic 
community. Several international human rights groups visited the 
country during the year.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution states that all persons are equal before the law. 
The law provides that all persons should have equal and effective 
protection without discrimination on grounds of race, color, sex, 
language, religion, political or other opinion, national or social 
origin, wealth, birth, or other status. However, the Government has not 
yet fully put into place mechanisms for the effective enforcement of 
these protections.
    Women.--Culturally-based abuses including wife beating and marital 
rape are pervasive social problems. While women have recourse to the 
police and the courts, societal norms and limited infrastructure 
inhibit many women from seeking legal redress, especially in remote 
areas. Social practices obstruct investigations into rape and the 
prosecution of the rapist, and many women are not aware of their rights 
under the law. There are only an estimated 20 rape convictions a year 
and rape sentences typically are much lighter than the 10 to 15 years 
prescribed by law.
    The Constitution provides for the equality of women; however, these 
provisions often are not applied in practice. Furthermore, these 
provisions often are in conflict with the 1960 Civil Code and the 1957 
Penal Code, both of which still are in force. The 1960 Civil Code is 
based on a monarchical constitution that treated women as if they were 
children or disabled. Discriminatory regulations in the civil code 
include recognizing the husband as the legal head of the family and 
designating him as the sole guardian of children over 5 years old. 
Family Arbitration Councils, and not the courts, have the legal power 
to dissolve marriages. Domestic violence is not considered a serious 
justification under the law to obtain a divorce. There is only limited 
juridical recognition of common-law marriage. Irrespective of the 
number of years the marriage has existed, the number of children raised 
and the joint property, the woman is entitled to only 3 months' 
financial support should the relationship end. However, a husband has 
no obligation to provide financial assistance to his family and, as a 
result, women and children sometimes are abandoned when there is a 
problem in the marriage. All land belongs to the State; however, land 
reforms enacted in March 1997 stipulate that women may obtain 
government leases to land. Discrimination is most acute in rural areas, 
where 85 percent of the population lives. In urban areas, women have 
fewer employment opportunities than men do, and the jobs available do 
not provide equal pay for equal work.
    As a result of changes in the Labor Law in 1998, thousands of women 
traveled to the Middle East as industrial and domestic workers. There 
were credible reports that female workers were abused, and even killed, 
in these positions (see Section 6.f).
    Although illegal, the abduction of women and girls as a form of 
marriage still is widely practiced in Oromiya regions and the SNNPRS. 
Forced sexual relationships often accompany mostmarriages by abduction, 
and women often are abused physically during the abduction. Abductions 
have led to conflicts between families, communities, and ethnic groups.
    To enhance the status of women, the Government formally adopted a 
National Program of Action in 1997. The program seeks to expand 
educational and work opportunities for women, improve women's access to 
health care, and educate women about certain unhealthy traditional 
practices such as early marriage. There have been few improvements in 
the status of women since the inception of this program; however, girls 
reportedly attended school in greater numbers in some regions, and 
according to a study done by the National Committee on Harmful 
Traditional Practices (NCTPE), certain harmful traditional practices 
such as early marriage and marriage by abduction appeared to be on the 
decline.
    In December 1998, the Ministry of Justice completed a draft Family 
Law with the purpose of bringing discriminatory elements of the 1960 
Civil Code into accord with the Constitution. The draft was sent to the 
Council of Ministers and the House of Representatives. The House of 
Representatives organized six forums during the year with participants 
from all sectors and regions of the country to discuss the law and the 
various issues still in need of reform. The draft bill still was under 
discussion at year's end.
    The Ministry of Justice also completed a revision of the 1957 Penal 
Code and a national debate on the revisions began. Critical issues 
affecting women and children include the penalties for rape, domestic 
violence, and child molestation. However, regardless of changes to the 
Penal Code, tradition and culture often prevail over civil and criminal 
law, and in practice women do not enjoy equal status with men. For 
example, the harmful traditional practice of abduction as a form of 
marriage already is illegal under the penal code but still is widely 
practiced in many rural areas.
    Children.--The Government has encouraged efforts by domestic and 
international NGO's that focus on children's social, health, and legal 
issues. For example, local officials provided transportation and free 
facilities to NGO outreach activities. However, the Government has 
limited ability to provide improved health care and basic education. 
Despite efforts by the Government to increase the number of schools, 
including the construction of 303 new schools during the year, there 
are not enough schools to accommodate the country's youth. Nationwide, 
only 52 percent of male primary age children and 31 percent of female 
primary age children attend school, and many do so in shifts. However, 
government reports show that over 40 percent of the children who attend 
school leave the system before they reach grade two of primary school. 
The chance of their relapsing to illiteracy is high. The overall 
literacy rate is approximately 23 percent; however, only 17 percent of 
women are literate compared with 26 percent of men. Only 10 percent of 
males and 7 percent of females attend secondary school. In 1998 only 
23,712 males and 8,484 females earned a school-leaving certificate, a 
prerequisite to attend college. There is space in institutions of 
higher education for only a small percentage of these graduates.
    Five additional Child Protection Units (CPU's) were created in 
Addis Ababa's police stations to protect the rights of children by 
assisting them when they become victims of crime. There are a total of 
10 CPU's, which are staffed by members of an NGO. Some police officers 
underwent training on procedures for handling cases of child abuse and 
juvenile delinquency. Nevertheless, there is a clear need for reform of 
the juvenile justice system. The Federal Supreme Court has assigned 
only three judges to sit on one bench to hear all cases of juvenile 
offenses. There is a large backlog of juvenile cases and accused 
children often remain in detention with adults until their cases are 
heard. There is only one juvenile remand home with a capacity of 150 
for children under age 15, and the juveniles who cannot be accommodated 
at the juvenile remand home are incarcerated with adults.
    Societal abuse of young girls continues to be a problem. The 
majority of girls undergo some form of female genital mutilation (FGM), 
which is widely condemned by international health experts as damaging 
to both physical and psychological health. The NCTPE conducted a survey 
that was published in 1998, which indicated that 72.7 percent of the 
female population had undergone FGM, down from an estimated 90 percent 
of the female population in 1990. Clitoridectomies typically are 
performed 7 days after birth and consist of an excision of the labia. 
Infibulation, the most extreme and dangerous form of FGM, is performed 
at any time between the age of 8 and the onset of puberty. The law does 
not specifically prohibit FGM, although it is discouraged officially, 
and the Government has been very supportive of the NCTPE. The 
Government also is working to discourage the practice of FGM through 
education in public schools.
    Other harmful traditional practices surveyed by the NCTPE included 
uvulectomy, milk-teeth extraction, early marriage, marriage by 
abduction, and food and work prohibitions. The Constitution defines the 
age of consent as 15 for females and 18 for males. Nevertheless, early 
childhood marriage is common in rural areas, with girls as young as age 
9 subjected to arranged marriages. In the Afar region of the east, 
young girls continue to be married to much older men, but this 
traditional practice is coming under greater scrutiny and criticism. 
The Tigray Women's Association also has had an impact in changing 
societal attitudes toward early marriage. Pregnancy at an early age 
often leads to obstetric fistulae resulting in lifelong misery due to 
total and permanent incontinence. Treatment is available at only one 
hospital in Addis Ababa that performs over 1,000 fistula operations a 
year. It estimates that for every successful operation performed, 10 
other young women need the treatment. The maternal mortality rate is 
extremely high due, in part, to food taboos for pregnant women, 
poverty, early marriage, and birth complications related to FGM, 
especially infibulation.
    UNICEF estimates that there are approximately 150,000 street 
children in the urban areas, of which 100,000 reside in Addis Ababa. 
These children beg, sometimes as part of a gang, or work in the 
informal sector in order to survive (see Section 6.d.). Government and 
privately run orphanages are unable to handle the number of street 
children, and older children often abuse younger children. Due to 
severe resource constraints, abandoned infants often are overlooked or 
neglected at hospitals and orphanages. There are a few credible reports 
that children are maimed or blinded by their ``handlers'' in order to 
raise their earnings from begging.
    Child prostitution continues to be a problem. In 1996, a National 
Steering Committee Against Sexual Exploitation of Children was formed 
and is chaired by the Children, Youth, and Family Affairs Department of 
the Ministry of Labor and Social Affairs. In October the committee 
reported that child prostitution is on the increase especially in major 
urban centers of the country. NGO's report that girls as young as age 
11 are recruited to work in houses of prostitution where they are kept 
ignorant of the risks of HIV infection. There have been many press 
reports of the large-scale employment of children, especially underage 
girls, as hotel workers, barmaids, and prostitutes in resort towns and 
truckstops south of Addis Ababa. In past years, there were reports that 
poor rural families sold their young teenage daughters to hotel and bar 
owners on the main truck routes; however, there were no reports of such 
activity during the year. Social workers note that young girls are 
prized because their clients believe that they are free of sexually 
transmitted diseases. The unwanted babies of these young girls usually 
are abandoned at hospitals, police stations, welfare clinics, and 
adoption agencies. There were numerous anecdotal accounts of young 
girls going to the Middle East to work as house servants and nannies, 
some of whom were abused, including sexually. (see also Section 6.c., 
6.d., and 6.f.). Factors aggravating the problem of child prostitution 
are pervasive poverty, migration to urban centers, and limited 
educational and job opportunities.
    Child labor is pervasive, and child laborers sometimes are 
subjected to abuse, including neglect, and among children working as 
domestic servants, sexual abuse and rape (see Section 6.d.).
    It is the policy of the Ministry of Defense not to permit persons 
under the age of 18 to join the armed forces, and the Government made 
efforts to enforce this policy; however, there were reports that some 
children under the age of 18 were recruited into the military. There 
were reports that local officials have been given military 
``recruitment quotas'' to fill and that, as a result, they are 
recruiting students who are 18 years of age or older. If young boys 
demonstrated that they are under 18, they are exempted; however, in 
rural areas children often do not have birth certificates. There is 
also evidence that persons under the age of 18 were able to obtain 
documentation to overstate their age and join the armed forces. There 
is evidence that children as young as age 14 are permitted to join 
local militias with the consent of village leaders. This reportedly is 
part of an effort to keep children in local areas despite limited 
educational or employment opportunities.
    People with Disabilities.--The Constitution stipulates that the 
State shall allocate resources to provide rehabilitation and assistance 
to the physically and mentally disabled; however, limited government 
resources restrict action in these areas. The Government has not yet 
put into place mechanisms to enforce a 1994 law mandating equal rights 
for the disabled. The Government does not mandate access to buildings 
or government services for the disabled, and persons with minor 
disabilities sometimes complain of job discrimination. According to one 
NGO report, only 500 of the approximately 700,000 visually impaired 
persons in the country have access to employment opportunities. There 
are numerous domestic NGO's that work with the disabled. For example, 
theAmhara Development Association operates a project to provide 
vocational training to disabled war veterans in Bahir Dar. The Tigray 
Development Association has established a similar center in Mekele. A 
1994 census determined that there were 989,000 disabled persons in the 
country; however, observers believe that number has grown and is 
significantly higher.
    Religious Minorities.--Despite the generally broad level of 
societal tolerance for established faiths, there were instances of open 
conflict among religious groups in past years, most noticeably between 
Ethiopian Orthodox Christians on the one hand, and Pentecostals and 
evangelicals on the other, and there continued to be pockets of 
interreligious tension and criticism during the year. Newer faiths such 
as Jehovah's Witnesses and Pentecostals have encountered overt 
opposition from the public. Muslims and Orthodox Christians complain 
about proselytization by Pentecostals and Jehovah's Witnesses. 
Ethiopian Orthodox leaders complain that sometimes Protestants fail to 
respect Orthodox holy days and Orthodox customs. Muslims complain that 
some Pentecostal preachers disparage Islam in their services. There 
were complaints by Muslim leaders that the Ethiopian Orthodox Church's 
desire to ``show supremacy'' sometimes caused irritation in the 
country's various regions.
    Protestant and Pentecostal leaders complained that, on occasion, 
Orthodox or evangelical adherents interrupted Protestant and 
Pentecostal religious meetings and attempted to prevent the 
construction of Protestant churches in predominately Orthodox or 
evangelical areas.
    In February a Seventh-Day Adventist minister rented a room in a 
building in Bahir Dir and conducted a religious service. Local 
Ethiopian Orthodox Church members gathered outside the building and 
threw stones. There were no reported injuries.
    In April two Muslim communities attempted to construct new mosques 
but abandoned the construction when local Orthodox Church members 
caused damage to the construction sites and beat one Muslim who tried 
to prevent their actions.
    Nevertheless, in most sections of the country Orthodox Christians 
and Muslims participate in each other's religious observances, and 
there is tolerance for intermarriage and conversion in certain areas, 
most notably in Welo, as well as in urban areas throughout the country. 
In the capital, Addis Ababa, persons of different faiths often live 
side-by-side. Most urban areas reflect a mixture of all religious 
denominations. Longstanding evangelical Protestant denominations, 
particularly the Mekane Yesus Church and Kale Hiwot Churches, provide 
social services such as health care and education to nonmembers as well 
as to members. Mekane Yesus and Kale Hiwot leaders reported improved 
relations with the Ethiopian Orthodox Church during the year.
    National/Racial/Ethnic Minorities.--There are more than 80 ethnic 
groups. Although many of these groups have influenced the political and 
cultural life of the country, Amharas and Tigrayans from the northern 
highlands have played a dominant role. Some ethnic groups such as the 
Oromos, the largest single group, were subjugated during the 19th 
century. In an attempt to address ethnic concerns, the Government has 
established a federal system with political boundaries drawn roughly 
along major ethnic lines. With federalism regional states have much 
greater control over their affairs. In Oromiya, for example, the 
regional government required that all primary schools adopt Oromiffa as 
the language of instruction. This has drawn protests from groups that 
reside in Oromiya whose mother tongue is not Oromiffa and who believe 
that their children are now at a disadvantage. There are credible 
reports that teachers and other government workers have had their 
employment terminated if they are not of the dominant ethnic group in 
the region.
    In May local administrators in the SNNPRS informed elementary and 
high school teachers that new textbooks would be used in the North Omo 
Zone, which merged four closely related languages spoken in the zone: 
Welayita, Gamo, Goffa, and Dawro. Neither local communities nor 
teachers had been consulted before the decision was made to introduce 
the new textbooks. Representatives of the elders committee of the 
Welayita ethnic group complained to local and federal officials about 
the loss of the Welayita language as a means of instruction and 
requested that the Welayita be granted zonal status within the SNNPRS, 
but the officials denied their request. The Welayita ethnic group has a 
larger population than four federal region states, but only controls 7 
of the 22 districts in the North Omo zone. When the school year began, 
students boycotted classes in protest of the new textbooks, and in 
November police arrested two teachers for objecting to the new language 
(see Section 1.d.). The arrests led to widespread demonstrations and 
rioting in the city of Sodo during which police killed up to 10 
persons, injured hundreds, and arrested and detained as many as 1,000 
others (see Sections1.a., 1.c. and 1.d.). Schools remained closed until 
December, approximately 100 special police remained in Sodo at year's 
end, and approximately 100 teachers were transferred from the area 
because of their opposition to the new language.
    There has been a long history of tension between the Nuer and Anuak 
tribal groups. In November Nuer students in the Gambella region 
demonstrated for the use of the Nuer language in schools: the Amharic 
language is the medium of instruction in schools in the Gambella 
region. In December the Government arrested up to 26 Nuer tribal 
political activists associated with the GPDC on charges of inciting the 
Nuer students to demonstrate (see Section 1.d.). The GPDC accused the 
Anuak tribe, whose political organization, the Gambella People's 
Democratic Party, is an EPRDF affiliate, of interfering with their 
political activities prior to the May 2000 elections (see Section 5).
    The expansion of the military from a low of 60,000 personnel in 
April 1998 to approximately 325,000 to 350,000 personnel at year's end 
has aided greatly in the goal of bringing other ethnic groups into the 
military. By most accounts, the military is an ethnically diverse 
organization with very little friction between the various groups 
represented, at least in the lower ranks. At the higher ranks the 
officer cadre is much less ethnically diverse. Promotions awarded in 
July to major general, brigadier general, and colonel were heavily 
weighted towards the Tigray ethnic group, although some Amharas and one 
notable Oromo were included on the promotion list. Persons from the 
west, south and east conspicuously were absent from the senior officer 
promotion lists.
Section 6. Worker rights
    a. The Right of Association.--Only a small percentage of the 
population is involved in wage labor employment, which is concentrated 
largely in urban areas. Approximately 85 percent of the work force live 
in the countryside and are engaged in subsistence farming.
    The Constitution provides most workers with the right to form and 
join unions and engage in collective bargaining, but the 1993 Labor 
Proclamation specifically excluded teachers and civil servants, 
including judges, prosecutors, and security services, from organizing 
as a union. Only 300,000 workers are unionized. The 1993 Labor 
Proclamation also decreed that workers who provide ``essential 
services'' are not allowed to strike. Essential services are defined 
broadly to include air transport services, railways, bus service, 
postal, police and fire services, banking, telecommunications, and 
medical services.
    The ETA formerly had a membership of 120,000; however, that number 
has decreased significantly due to government intimidation and 
restrictions on ETA activities. In 1992 Dr. Taye Woldesemayat was 
elected chairman of the ETA. Soon thereafter the ETA executive 
committee issued demands to protect teachers' rights and improve 
working conditions and questioned aspects of the Government's education 
policies. There are credible reports that the Government began to 
harass the ETA leadership at all levels beginning in 1993 and that such 
harassment continued during the year. In March 1996, Kebede Desta, 
chairman of the retired teachers union, was arrested and died in jail 
in March. In May 1996, Dr. Taye, upon his return from Europe, was 
arrested and charged with being the leader of a clandestine political 
organization. In May 1997, Assefa Maru, an ETA executive committee 
member, was killed by police. In August 1998, the Government sealed the 
ETA executive offices, detained ETA leaders, and transferred the assets 
of the ETA over to an ETA faction supportive of the Government's 
educational policies. In June Dr. Taye was sentenced to 15 years in 
prison (see Section 1.d.).
    There is no requirement that unions belong to the Confederation of 
Ethiopian Trade Unions (CETU), which was established in 1993, 
decertified in December 1994 because of internal management and 
political disputes, and officially reestablished and recertified in 
April 1997. CETU includes all nine federations organized by industrial 
and service sectors rather than by region. In September the Banking and 
Insurance Workers Federation (BIWF) rejoined CETU when four of the five 
core unions in the BIWF voted to join CETU.
    The Labor Law stipulates that a trade organization may not act in 
an overtly political manner. The Labor Law explicitly gives workers the 
right to strike to protect their interests, but it also sets forth 
restrictive procedures that apply before a legal strike may take place. 
These apply equally to an employer's right to lock out workers. Strikes 
must be supported by a majority of the workers affected. The Labor Law 
prohibits retribution against strikers but labor leaders state that 
most workers are not convinced that the Government would enforce this 
protection. Both sides must make efforts at reconciliation, provide at 
least 10 days' notice to the Government, include the reasons for the 
action, and in cases already before a court orlabor board, the party 
must provide at least a 30-day warning. If an agreement between unions 
and management cannot be reached, the Minister of Labor may refer the 
case to arbitration by a Labor Relations Board (LRB). The Government 
has established LRB's at the national level and in some regions. The 
Minister of Labor and Social Affairs appoints each LRB chairman, and 
the four board members include two each from trade unions and employer 
groups. Some efforts to enforce these regulations are made within the 
formal industrial sector. There were no strikes during the year. Labor 
officials have stated that in view of high unemployment and the 
inattention courts have given to labor cases, workers are afraid to 
participate in strikes or other labor actions.
    Independent unions and those belonging to CETU are free to 
affiliate with and participate in international labor bodies.
    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is protected under the Labor Law and under the Constitution 
and is practiced freely throughout the country. Collective bargaining 
agreements concluded between 1975 and the promulgation of the 1993 
Labor Law remain in force. Labor experts estimate that more than 90 
percent of unionized workers are covered by collective bargaining 
agreements. Wages are negotiated at the plant level. The law prohibits 
antiunion discrimination by employers against union members and 
organizers. There are grievance procedures for hearings on allegations 
of discrimination brought by individuals or unions. Employers found 
guilty of antiunion discrimination are required to reinstate workers 
fired for union activities. Labor leaders point to a number of court 
cases that are 3 or 4 years old in which workers have been terminated 
for union activities as examples of inattention by the courts to worker 
rights. Seasonal and parttime agricultural workers are not organized 
even on state-owned plantations. Seasonal workers' compensation, 
benefits, and working conditions are far below those of unionized 
permanent plantation employees.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Criminal Code, 
which applies to persons over the age of 15 specifically prohibits 
forced labor; however, forced labor can be used by court order as a 
punitive measure. Forced or compulsory labor by children is illegal; 
while there were reports in past years that young girls reportedly were 
sold or forced into prostitution, there were no such reports during the 
year (see Sections 5 and 6.f.). There also were numerous anecdotal 
accounts of young persons, especially girls, traveling to the Middle 
East to work as house servants and nannies, some of whom were abused, 
including sexually (see Section 6.f.). The Constitution proscribes 
slavery, which was abolished officially in 1942, and involuntary 
servitude. There were no reports of slavery within the country.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Under the Labor Law, the minimum age for wage or salary 
employment is 14 years; special provisions cover children between the 
ages of 14 and 18, including the prohibition of night work or hazardous 
work.
    Children may not work more than 7 hours per day; work between the 
hours of 10 p.m. and 6 a.m.; work on public holidays or rest days; or 
perform overtime work. While the Government has made some effort to 
enforce these regulations within the formal industrial sector, social 
welfare activists, civic organizers, government officials, and 
entrepreneurs agree that child labor is pervasive throughout the 
country, especially in the informal sector. In urban areas, children in 
large numbers can be seen working in a variety of jobs, including 
shining shoes, hustling passengers into cabs, working as porters, 
selling lottery tickets, and herding animals. Child domestic workers 
are common. Child laborers often are abused. A research study published 
during the year reported that the prevalence of child abuse among urban 
child laborers is 70 percent, compared with 24.5 percent among non-
economically active children from the same urban district. The study 
concluded that physical and emotional abuse were twice as common among 
child workers compared with non-workers, sexual abuse was five times as 
common, and neglect was eight times as common. Among child workers 
surveyed, rapes occurred exclusively among child domestics. A second 
research study of child labor sponsored by CETU's National Federation 
of Farm, Plantation, Fishery, and Agro-industry Trade Unions and 
published during the year focused on rural locations. The study 
reported that 30 percent of the workers on state farms surveyed were 
between the ages of 7 and 14. Child workers typically worked 6 days a 
week, received no benefits, and earned less than $10 (80 birr) a month. 
At one plantation 75 percent of the children worked 12-hour days. There 
also is evidence that children as young as age 14 are permitted to join 
local militiaswith the consent of village leaders. This reportedly is 
part of an effort to keep children in local areas despite limited 
educational or employment opportunities (see Section 5). The Government 
maintains that most economically active children are engaged in family-
based, nonexploitative child work that is part of the socialization 
process and maintains that there is not a child labor problem.
    Forced or compulsory labor by children is illegal, and, unlike in 
past years, there were no reports that it happened. (see Sections 5, 
6.c. and 6.f.).
    e. Acceptable Conditions of Work.--In 1995 the Government 
established a minimum wage of approximately $15 (120 birr) per month 
for all wage earners in both the private and public sectors. In 
addition, each industry and service sector has established its own 
minimum wage. For example, public sector employees, the largest group 
of wage earners, earn a minimum wage of approximately $22 (175 birr) 
per month; employees in the banking and insurance sector have a minimum 
wage of $25 (200 birr) per month. According to the statistics reported 
by the Office of the Study of Wages and Other Remuneration, these wages 
are insufficient to provide a decent standard of living for a worker 
and family. Consequently, most families must have at least two wage 
earners to survive, and that is one of the reasons children leave 
school early.
    The legal workweek, as stipulated in the Labor Law, is 48 hours, 
consisting of 6 days of 8 hours each, with a 24-hour rest period. 
However, in practice, most employees work a 40-hour workweek consisting 
of 5 days of 8 hours each.
    The Government, industry, and unions negotiate to set occupational 
health and safety standards. However, the Inspection Department of the 
Ministry of Labor and Social Affairs enforces these standards 
ineffectively, due to a lack of human and financial resources. Workers 
have the right to remove themselves from dangerous situations without 
jeopardy to continued employment; however, most workers fear losing 
their jobs if they were to do so.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons; however, there were numerous anecdotal accounts of young girls 
traveling to the Middle East to work as house servants and nannies, 
some of whom are abused, including sexually. There reportedly is a 
network of persons based in the tourism and import-export sectors who 
are involved heavily in soliciting potential clients, recruiting young 
girls, arranging travel, and fabricating counterfeit work permits, 
travel documents, and birth certificates (see Sections 5 and 6.c.).
    Although illegal, the abduction of women and girls as a form of 
marriage still is widely practiced in Oromiya regions and the SNNPRS 
(see Section 5).
    As a result of a change in the Labor Law the Government no longer 
acts as an employment agency for workers going abroad. Private entities 
now arrange for overseas work and as a result, the number of women 
being sent to Middle Eastern countries as domestic or industrial 
workers increased significantly. Lebanon is the most popular 
destination. There were credible reports that hundreds of the 
approximately 15,000 Ethiopian domestic workers in Lebanon were 
subjected to abusive conditions, including sexual exploitation. In 
September and October, pictures appeared in the local press of workers 
returning bruised and beaten. There were also reports that Ethiopian 
domestic workers were abused in other Middle Eastern countries.
    The Government began revising the Federal Civil and Penal Codes to 
increase the penalties for traffickers. Training programs were 
implemented for police officers on the criminal aspects of trafficking.
                                 ______
                                 

                                 GABON

    Gabon is a republic dominated by a strong Presidency. Although 
opposition parties have been legal since 1990, a single party, the 
Gabonese Democratic Party (PDG) has remained in power since 1968 and 
has circumscribed political choice. Elections for the presidency and 
the National Assembly generally have not been free and fair but have 
varied widely in quality; some suffered chiefly from poor organization, 
while others were fraudulent. PDG leader El Hadj Omar Bongo has been 
President since 1967 and was reelected for another 7-year term in a 
December 1998 election marred by irregularities that generally favored 
the incumbent, including incomplete and inaccurate electoral lists and 
the use of false documents to cast votes. In July 1998, following 
opposition victories in 1996 elections for local government offices 
that recently had been made elective, the Government transferred key 
electoral functions to the Interior Ministry from an independent 
National Electoral Commission that had been established pursuant to a 
1995 constitutional referendum. Members of the PDG and allied parties 
hold large majorities of seats in both chambers of the national 
legislature: The directly elected National Assembly, for which the most 
recent elections, held in December 1996, were poorly run and 
fraudulent; and the Senate, members of which are chosen by municipal 
and regional government officials. The judiciary is independent but 
remains vulnerable to government manipulation.
    The national police, which are subordinate to the Interior 
Ministry, and the gendarmerie, which is subordinate to the Defense 
Ministry, are primarily responsible for domestic law enforcement and 
public security. In addition elements of the armed forces and the 
``Republican Guard,'' an elite, heavily armed unit that protects the 
President, sometimes have performed internal security functions; both 
the armed forces and the Republican Guard are subordinate to the 
Defense Ministry. Members of the security forces occasionally committed 
human rights abuses.
    The country's economy is underdiversified and heavily dependent 
upon external trade. The State dominates much of the economy through 
telecommunications, timber export, and oil refinery parastatals; 
however, the production of wood, oil, and other minerals is largely 
private, and the water, electric, railroad, and sugar parastatals have 
been privatized. Government financial mismanagement and corruption have 
contributed to significant arrears in domestic and external debt 
payments. Since the discovery of offshore oil in the late 1970's, the 
oil industry has generated nearly half of recorded gross national 
product; oil export earnings have allowed the country's approximately 1 
million citizens to enjoy a relatively high material standard of living 
based on imports of consumer goods and have drawn to the country's 
capital, Libreville, a third of the country's citizens and many 
immigrants from poorer African countries who work chiefly in the 
informal and service sectors. Average annual per capita GDP was 
approximately $4,500, although income distribution remained badly 
skewed in favor of urban dwellers and a small economic elite, while the 
rural population continued to receive relatively few social services. 
However, the depletion of proven reserves of oil and timber contributed 
to declining export earnings and state revenues during the year.
    The Government generally respected the rights of its citizens in 
some areas; however, longstanding human rights abuses continued. 
Members of the security forces committed isolated extrajudicial 
killings, the security forces beat and tortured prisoners and 
detainees, prison conditions remained harsh and life threatening, 
arbitrary arrest and detention continued, the judiciary remained 
subject to government influence, and authorities routinely infringed on 
citizens' privacy rights. The Government continued to restrict freedom 
of the press. The ability of citizens to change their government 
remained limited. Violence and societal discrimination against women 
and forced labor by foreign children as domestic and agricultural 
workers remained problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of politically motivated extrajudicial killings; however, 
members of the security forces committed isolated extrajudicial 
killings.
    In April an off-duty member of the Republican Guard shot and killed 
a taxi driver who had refused to lend his taxi to the soldier. Despite 
demands from the media to prosecute thealleged assailant, police had 
not charged the suspect by year's end.
    In July a group of off-duty policemen reportedly killed 2 persons 
and wounded 11 in a discotheque in Libreville. This reportedly was in 
retaliation for the killing of a policeman at the same discotheque 
several nights earlier. There were no arrests in this case by year's 
end.
    Although there were no confirmed reports of attempted killings that 
appeared to be politically motivated, Pierre Mamboundou, who contested 
the December 1998 presidential election as the candidate of the 
opposition High Council of the Resistance Party, and to whom official 
results assigned the second-largest number of votes cast in that 
election, stated in December 1998 that armed commandos attempted to 
kill him on December 12, 1998, 1 day before the official results of 
that election were announced. Mamboundou stated that he believed that 
the Government was responsible for the alleged attack, but no evidence 
supporting this allegation was known.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture or cruel and inhuman 
punishment; however, security forces often beat or physically mistreat 
prisoners and detainees as punishment and to exact confessions.
    In February police used force to disperse student demonstrators 
(see Section 2.a.).
    There were occasional incidents of violence in which practitioners 
of some traditional indigenous religions (see Section 5) inflicted 
bodily harm on other persons. However, the details of these incidents 
are uncertain. The Ministry of the Interior maintained that violence 
and bodily harm to others in the practice of a traditional religion is 
a criminal offense and is prosecuted vigorously. Media reports 
suggested that this was true; however, little information about such 
prosecutions or their results is available.
    Conditions in most prisons are harsh and life threatening. 
Sanitation and ventilation are poor, and medical care is almost 
nonexistent. Prisons provide inadequate food for inmates. There were no 
known visits by human rights monitors to prisons during the year, 
although the Government was not known to have impeded such visits.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention are problems. The law provides for up to 48 hours of initial 
preventive detention, during which time police must charge a detainee 
before a judge. However, in practice police rarely respect this 
provision. Charges often are not filed expeditiously and persons often 
are detained arbitrarily for long periods. Bail may be set if there is 
to be a further investigation. Pretrial detainees have the right to 
free access to their attorneys, and this right is respected in 
practice. Detainees have the right to an expeditious trial, as defined 
by the law. Pretrial detention is limited to 6 months for a misdemeanor 
and to 1 year for a felony charge. These periods may be extended for 6 
months by the examining magistrate. Prolonged pretrial detention is 
common. The Attorney General's office estimates that roughly 40 percent 
of persons in custody are pretrial detainees.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, while the judiciary is generally 
independent in principle, it remains vulnerable to government 
manipulation.
    The judicial system includes the regular courts, a military 
tribunal, and a civilian State Security Court. The regular court system 
includes trial courts, appellate courts, and the Supreme Court. The 
Constitutional Court is a separate body charged with examining 
constitutional questions, including the certification of elections. 
There are no traditional or customary courts. In some areas, minor 
disputes may be taken to a local chief, but the State does not 
recognize such decisions.The State Security Court, last convened in 
1990, is constituted by the Government as required to consider matters 
of state security.
    There were systemic resource and personnel shortages in the 
judiciary, which often contributed to prolonged pretrial detention (see 
Section 1.d.).
    The Constitution provides for the right to a public trial and the 
right to legal counsel. These rights are generally respected in 
criminal cases. Nevertheless, procedural safeguards are lacking, 
particularly in state security trials. A judge may thus deliver an 
immediate verdict of guilty at the initial hearing if sufficient 
evidence is presented by the State.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for protection from 
surveillance, from searches without warrant, and from interference with 
private telecommunications or correspondence. As part of criminal 
investigations, police may request search warrants from judges, which 
they obtain easily, sometimes after the fact. The Government has used 
them in the past to gain access to the homes of opposition figures and 
their families.
    Government authorities also routinely monitor private telephone 
conversations, personal mail, and the movements of citizens.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press and, although citizens generally 
continued to speak freely and criticize the Government, the Government 
continued to restrict press freedom. Legislators in the National 
Assembly openly criticize government policies, Ministers, and other 
officials.
    The only daily newspaper was the state-affiliated L'Union. About 10 
privately owned weekly or monthly publications in newspaper format, 
representing independent views and those of various political parties, 
appeared during the year; however, most appeared irregularly due to 
financial constraints and, in some instances, to government suspensions 
of their publication licenses. All newspapers--including L'Union--
actively criticized the Government and political leaders of all 
parties. Most also criticized the President.
    Journalists are subject to the Communication Code, a law which 
specifies their rights and responsibilities. Libel can be either a 
criminal offense or a civil matter. The law authorizes the State to 
initiate criminal libel prosecution against persons for libeling 
elected government officials; it also authorizes the State to 
criminalize civil libel suits.
    In April the National Communication Council (CNC), a government 
agency subordinate to the Communications Ministry, released its draft 
of a proposed new Communications Code that would further restrict press 
freedom by expanding the scope of criminal libel laws in the name of 
protecting ``dignity of the person,'' but would shift the penalties for 
libel away from imprisonment and toward monetary fines; it would reduce 
prison sentences for journalists convicted of criminal libel while 
increasing fines that could be imposed on such journalists and on the 
newspaper firms that employ them. The new Communications Code was 
pending in the National Assembly at year's end.
    In recent years, the Government repeatedly has suspended the 
publication licenses of some pro-opposition newspapers. For example, 
the publication license of Le Bucheron, a Libreville-based weekly 
affiliated with the National Rally of Lumberjacks (RNB) the country's 
largest opposition party, was suspended by the Ministry of 
Communications in 1993, by the Ministry of Interior in 1995, and twice 
by the CNC during 1997. In each instance, the grounds for suspension 
were the contents of articles or cartoons critical of President Bongo 
or his Government. The most recent suspension, for 3 months starting in 
October 1997, resulted from the newspaper's publications of allegations 
that President Bongo stifled dissent by practicing witchcraft.
    In April the CNC suspended the publication license of La Griffe, a 
Libreville-based satirical weekly newspaper, on the grounds that it was 
publishing anonymous editorials in contravention ofa legal requirement, 
necessary for the enforcement of criminal libel laws, that publications 
indicate the authors of everything they publish. The Ministry of 
Communications previously had suspended the same newspaper's license 
from August 1998 through March after the Government successfully 
prosecuted members of the newspaper's staff for criminal libel. La 
Griffe's publication license remained suspended at year's end.
    The Government did not prosecute any journalists for criminal libel 
during the year. However, in recent years, the Government increasingly 
has used criminal libel prosecutions to restrict freedom of expression, 
especially criticism of the Government. Two private print media 
journalists, convicted of criminal libel in August 1998, fled the 
country early in the year while their appeals were pending and remained 
outside the country at year's end: Michel Ongoudou Loundah, editor-in-
chief of La Griffe, and La Griffe reporter Pulcherie Beaumiel, both of 
whom the Government had prosecuted and whom a court had convicted and 
sentenced to 8 months' imprisonment for reporting that the director 
general of the state-owned airline had used the airline to smuggle 
ivory internationally. In August 1998, Charles Moussavou Mabika, a 
journalist at Gabonese Radio and Televison (RTG) and president of the 
national journalists' union, was convicted of libel and sentenced to a 
fine and 1 month's incarceration with no opportunity to appeal, for 
alleging that the Minister of Communications had embezzled a sum 
equivalent to $3.5 million; Mabika served his sentence and was released 
in late 1998. In January 1998, Pierre-Andre Kombila, publisher of Le 
Bucheron, was convicted of libeling the President by printing 
accusations that President Bongo practices witchcraft and was fined the 
equivalent of $1,800 and given a suspended sentence of 4 months' 
imprisonment.
    The State owns and operates two radio stations, RTG-1 and RTG-2, 
which broadcast to all areas of the country. Much of their news 
coverage concerns the activities of government officials. However, RTG 
editorials sometimes are critical of specific government policies and 
even specific Ministers of government. The CNC issues and sometimes has 
suspended the broadcasting licenses of private radio and television 
stations. During the year, license suspensions by the CNC reduced the 
number of privately owned radio and television stations. At year's end, 
only six privately owned radio stations operated in the country: Africa 
No. 1, Radio Nostalgie, Radio Generation Nouvelle, Radio Unite, Radio 
Mandarine, and Radio Soleil. Radio Soleil is affiliated with the 
opposition RNB party and is highly critical of the Government. The 
other privately owned radio stations were apolitical. The State owned 
and operated two television stations, RTG-1 and RTG-2; an apolitical 
station, TV Plus, was the only privately owned television station still 
broadcasting in the country at year's end.
    In December 1998, while the Government was tabulating the results 
of the presidential election, domestic broadcasts of Radio Soleil were 
jammed, and the station's telephone lines were cut.
    In February the CNC suspended a live call-in program from Radio 
Soleil. The CNC maintained that the program, Feedback, violated an 
ordinance in the communications code. Specifically, the CNC claimed 
that a caller, on a live broadcast that subsequently was rebroadcast, 
had insulted President Bongo.
    On October 11, the CNC suspended the broadcasting licenses of two 
privately owned radio stations, Note Dame de Perpetuel Secours and 
Radio Liberte, and of two privately owned television stations, TV 11 
and Woleu Vision.
    The Government did not interfere with domestic reception of 
broadcasts of international radio stations, including Radio France 1 
and the Voice of America. Foreign newspapers and magazines were widely 
available.
    The Government did not restrict access to or use of the Internet. 
At year's end there were two Internet service providers in the country, 
one state-owned and the other privately owned. In urban areas there 
were cybercafes that provided relatively affordable access to the 
Internet.
    There are no restrictions on academic freedom, including research.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally 
respected this right in practice for citizens and recognized 
organizations. The law requires thatgroups obtain permits for public 
gatherings in advance, and the Government usually grants them.
    In February police used force to disperse demonstrations by high 
school and university students who had been on strike since November 
1998 to protest shortages of school buses and other facilities; some 
such demonstrations had become destructive of property and disruptive 
of traffic.
    The Constitution provides for freedom of association, and the 
Government respected this right in practice.
    c. Freedom of Religion.--The Constitution provides for religious 
freedom, and the Government generally respects this right in practice. 
There is no state religion, and authorities do not engage in religious 
persecution or favoritism. A 1983 decree banning Jehovah's Witnesses, 
which the government promulgated on the grounds that Jehovah's 
Witnesses allegedly do not adequately protect individuals who might 
dissent from the group's views, remained in effect throughout the year. 
However, the Government did not enforce the ban; in practice, Jehovah's 
Witnesses in the country worshipped free from any known hindrance by 
the State. Interior Ministry officials reportedly have met with 
representatives of Jehovah's Witnesses to discuss lifting the ban; as a 
condition of lifting the ban, the Government reportedly seeks a written 
commitment from the denomination that it would respect individual 
rights.
    The Ministry of the Interior maintains an official registry of some 
religious groups; however, it does not register traditional indigenous 
religious groups. The Government does not require religious groups to 
register but recommends that they do so in order to assemble with full 
constitutional protection. No financial or tax benefit is conferred by 
registration. The Government has refused to register about 10 religious 
groups, including Jehovah's Witnesses.
    In October the Government suspended the broadcasting license of a 
privately owned radio station affiliated with the Catholic Church (see 
Section 2.a).
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights. There are no legally mandated restrictions on internal 
movement. Police and gendarmes continued frequently to stop travelers 
to check identity, residence, or registration documents, and members of 
the security forces regularly harassed expatriate Africans working 
legally as merchants, service sector employees, and manual laborers. 
They extorted bribes and demanded services with the threat of 
confiscation of residence documents or imprisonment. Residence permits 
cost up to $1,000.
    An unevenly enforced law requires married women to have their 
husbands' permission to travel abroad. An exit visa is no longer 
required for citizens to travel abroad. Aliens resident in the country 
must obtain a visa in order to leave and return.
    In July 1, 500 security force members including army soldiers were 
deployed in the capital to round up illegal immigrants and bandits; 
according to a Defense Ministry statement, they were instructed ``to 
search systematically the maximum number of vehicles.''
    The law contains provisions for granting refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government strictly controls the 
process of refugee adjudication. Coordination with the U.N. High 
Commissioner for Refugees (UNHCR) is generally adequate. During the 
year, an estimated 15,000 refugees from the Republic of Congo 
(Brazzaville) entered the country; many of them were fleeing offensives 
against Congolese rebels by forces supporting the Congo's government. 
The Government cooperated with the UNHCR and international 
nongovernmental organizations (NGO's) that provided assistance to these 
refugees.
    During the year there were no reports that the Government forcibly 
returned persons to a country were they feared persecution. However, in 
1997 the Government handed over two refugees from Equatorial Guinea to 
members of the Equatoguinean security forces who accompanied the 
President of Equatorial Guinea on a visit to the country; they were 
repatriated forcibly on the visiting President's plane, subsequently 
were imprisoned in Equatorial Guinea, and remained in prison at year's 
end.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The 1991 Constitution explicitly provides this right, but 
mismanagement and serious irregularities in both the 1990 and 1996 
legislative elections and the 1993 and 1998 presidential elections 
called into serious doubt the extent to which this right exists in 
practice. A single party, the PDG, has remained in power since its 
creation by President Bongo in 1968, and political choice has remained 
limited in practice despite the legalization of opposition parties 
since 1990.
    In a July 1995 constitutional referendum, citizens approved by a 96 
percent majority reforms, including most significantly the 
establishment of an independent National Electoral Commission (NEC). 
The referendum was carried out under arrangements that assured that all 
political parties could monitor voting and vote counting.
    The Republic is dominated by a strong Presidency. The President can 
veto legislation, dissolve the national legislature, call new 
elections, and issue decrees that have the force of law while the 
legislature is not in session. The legislature generally has approved 
legislation presented to it by the President, but occasionally has not 
done so. The President appoints and can dismiss judges through the 
Ministry of Justice, to which the judiciary is responsible. The 
President appoints ministers of government, provincial governors, 
prefects and subprefects, and the heads of parastatal firms.
    PDG leader El Hadj Omar Bongo has been President since 1967, when 
the former president died while Bongo was Vice President. He was 
reelected for another 7-year term in a December 1998 election marred by 
irregularities that generally favored the incumbent, including 
incomplete and inaccurate electoral lists and the use of false 
documents to cast multiple votes. In July 1998, the Government 
transferred key electoral functions, including the maintenance of voter 
registration lists, from the NEC to the Interior Ministry. In October 
1998, the representatives of three major opposition parties withdrew 
from the NEC to protest their inability to verify the accuracy of voter 
registration lists. Official results showed Bongo winning about two-
thirds of the votes cast.
    The most recent elections for the National Assembly, the lower 
house of the bicameral national legislature, held in 1996, were poorly 
run and fraudulent. Candidates belonging to the PDG and other parties 
supporting President Bongo won more than 80 of the 120 seats, including 
8 of 10 seats in the capital, where the opposition recently had won 
fairer local government elections. The military and NEC magistrates 
fraudulently ensured victory for parties supporting the President by 
arbitrarily altering vote counts, particularly in the capital.
    The ability of citizens to choose their subnational governments 
remains limited in practice. Among subnational officials, provincial 
governors, prefects, and subprefects are officers of the central 
Government, responsible to the President. Mayors and municipal councils 
are elected; however, municipal governments have limited financial 
autonomy and depend heavily on funding from the central Government. 
During the year, the Mayor of Libreville, a member of the RNB 
opposition party, complained that the central Government was not 
disbursing funds allocated to Libreville's municipal government.
    Local elections for mayors and municipal councils held in 1996 were 
poorly organized and later were repeated in key districts. In both sets 
of elections, opposition parties won most of the municipal council 
seats in the capital, Libreville, where the RNB candidate was elected 
mayor.
    The Senate, the upper house of the bicameral national legislature, 
was created in 1996. The first elections for Senators were held in 
1997. Municipal and regional government officials elect all 91 
Senators.
    Major opposition parties include the RNB and the Gabonese 
Progressive Party (PGP). The RNB's political base is in the northern 
province of Woleu-Ntem, which is inhabited chiefly by members of the 
Fang ethnic group, and in Libreville neighborhoods with many Fang 
residents, although the party attracts some support from other regions 
and ethnic groups. In 1998, before the presidential election, the RNB 
spit into two factions. The PGP enjoys strong support in Port Gentil, 
the country's economic center, and among the Myene ethnic group. 
Ideological splits and rivalries between Libreville and Port Gentil 
have reduced the effectiveness of the PGP.
    There are no restrictions on the participation of women and 
minorities in politics. At year's end, 6 of the 120 National Assembly 
representatives, 9 of the 91 senators, and 4 of the 41 cabinet members 
were women. Indigenous Pygmies rarely participate in the political 
process, and the Government has made only limited efforts to include 
them (see Section 5).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government officially allows the existence of independent human 
rights groups, although none are active. No domestic nongovernmental 
associations (NGO's) actively investigate, report on, or work to 
mitigate human rights abuses. The largest and best-financed domestic 
NGO's are government-associated and financed; the president of one such 
NGO, GERDDES-Gabon, is a senior official of the ruling party. In 
October the Government announced its intention to set up a National 
Human Rights Commission; it had not yet done so by year's end.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution forbids discrimination based on national origin, 
race, gender, or opinion. The Government does not uniformly enforce 
these constitutional provisions and tolerates a substantial degree of 
discrimination against women, especially in domestic affairs. It has 
also provided a lower level of health care and educational services to 
children of families of other African nationalities than it provided to 
citizens.
    Women.--Violence against women is common and is especially 
prevalent in rural areas. While medical authorities have not 
specifically identified rape to be a chronic problem, religious workers 
and hospital staff report that evidence of beatings of women is common. 
Police rarely intervene in such cases, and women virtually never file 
complaints with civil authorities. Only limited medical and legal 
assistance is available.
    The law provides that women have rights to equal access in 
education, business, and investment. Women own businesses and property, 
participate in politics, and work throughout the government and the 
private sector. Women nevertheless continue to face considerable 
societal and legal discrimination, especially in rural areas. According 
to a U.N. agency, only 52 percent of women were literate in 1994, 
compared with 74 percent of men.
    By law couples must stipulate at the time of marriage whether they 
intend to adhere to a monogynous or a polygynous relationship. For 
monogynous married couples, a common property law provides for the 
equal distribution of assets after divorce. Wives who leave polygynous 
husbands suffer severe reductions in their property rights. In 
inheritance cases, the husband's family must issue a written 
authorization before his widow can inherit property. Common law 
marriage, which is socially accepted and widely practiced, affords a 
woman no property rights.
    The law still requires that a woman obtain her husband's permission 
to travel abroad; however, this requirement is not consistently 
enforced.
    Children.--The Government has used oil revenue to build schools, to 
pay adequate teacher salaries, and to promote education, even in rural 
areas. The country has a relatively high infant mortality rate, and not 
all children have access to vaccination. Traditional beliefs and 
practices provide numerous safeguards for children, but children remain 
the responsibility of the extended family--including aunts, 
grandmothers, and older siblings. There is little evidence of physical 
abuse of children. Protection for children's rights is not codified in 
law.
    There is concern about the problems facing the large community of 
children of African noncitizens. Almost all enjoy far less access to 
education and health care than do children of Gabonese and are 
sometimes victims of child labor abuses (see Section 6.d.). Female 
genital mutilation (FGM), which is widely condemned by international 
health experts as damaging to both physical and psychological health, 
occurs among the resident population of expatriate Africans. There are 
no laws againstFGM, but according to local women's groups, it is not 
practiced on Gabonese children.
    People With Disabilities.--There are no laws that prohibit 
discrimination against persons with disabilities, or that provide for 
access to buildings or services.
    Indigenous People.--The Baka people (Pygmies) are the earliest 
known human inhabitants of the country. Several thousand indigenous 
Pygmies live in the country, most in large tracts of still-intact rain 
forest in the northeast. Domestic law grants them the same civil rights 
as other citizens. Pygmies are largely independent of formal authority, 
keeping their own traditions, independent communities, and local 
decisionmaking structures. Pygmies did not participate in government-
instituted programs that integrated many small rural villages into 
larger ones along major roads. As a result, their access to government-
funded health and sanitation facilities was limited. There are no 
specific government programs or policies to assist or hinder Pygmies.
    National/Racial/Ethnic Minorities.--The country's citizen 
population includes several ethnic groups, each of which generally 
speaks a distinct primary language and is concentrated in an 
identifiable area of the country. There is no majority ethnic group; 
the largest ethnic group is the Fang, which makes up over 30 percent of 
the population and is concentrated in the north. Other major ethnic 
groups include the Myene, the Bapunu, the Bateke, the Obamba, and the 
Nzebi. Urban neighborhoods are not ethnically segregated; interethnic 
marriage is common.
    There was some correlation between ethnic and political cleavages. 
Support for the ruling party is stronger among persons from southern 
ethnic groups, including President Bongo's Bateke ethnic group, than 
among the northern Fang group or the coastal Myene group (see Section 
3).
    The Government generally fostered ethnic balance in the public 
sector, throughout which persons from all major ethnic groups continued 
to occupy prominent positions. However, there was evidence that members 
of the President's Bateke ethnic group and other ethnic southerners 
held a disproportionately large number of key positions throughout the 
military and security forces (see Section 3).
Section 6. Worker Rights
    a. The Right of Association.--The Constitution places no 
restrictions on the right of association and recognizes the right of 
citizens to form trade and labor unions. Virtually the entire formal 
private sector work force is unionized. Unions must register with the 
Government in order to be recognized officially. Public sector 
employees may unionize although their right to strike is limited if it 
could jeopardize public safety. Until 1990 there was only one 
recognized labor organization, the Gabonese Labor Confederation 
(COSYGA), to which all unionized workers contributed a mandatory 
percentage of their salaries. In 1992 the Government accepted the 
establishment of independent unions and abolished the mandatory 
contribution to COSYGA. Since 1993, many independent unions have 
emerged, including powerful unions of teachers, civil servants, 
transport workers, and communications workers. Some independent unions 
have associated to form the Gabonese Confederation of Free Unions 
(CGSL). COSYGA has continued to be affiliated with the Government but 
has publicly criticized some government policies it perceived as 
contrary to labor interests.
    In 1994 the National Assembly passed an extensively revised version 
of the Labor Code, which was published and implemented in early 1995. 
The code provides extensive protection of worker rights.
    Strikes are legal if they are held after an 8-day notice advising 
that outside arbitration has failed. The Labor Code prohibits direct 
government action against individual strikers who abide by the 
arbitration and notification provisions. It also provides that the 
Government cannot press charges against a group for criminal activities 
committed by individuals.
    The country's largest union, which represents public sector 
employees, went on strike in November 1998 to demand higher wages and 
remained on strike until February. On January 26, the Prime Minister 
issued a public statement threatening criminal penalties against public 
sector workers who continued to strike.
    In October the employees of the Chamber of Commerce went on strike 
to protest the state-owned Chamber's failure to pay their salaries, 
which in turn resulted from its failure to receive funds from the 
Government.
    Unions and confederations are free to affiliate with international 
labor bodies and participate in their activities. COSYGA is affiliated 
with the Organization of African Trade Union Unity, while the CGSL is 
affiliated with the International Confederation of Free Trade Unions. 
Both COSYGA and CGSL have ties with numerous other international labor 
organizations.
    b. The Right to Organize and Bargain Collectively.--The Labor Code 
provides for collective bargaining by industry, not by firm; 
collectively bargained agreements set wages for whole industries. Labor 
and management meet to negotiate differences, and the Ministry of Labor 
provides an observer. This observer does not take an active part in 
negotiations over pay scales, working conditions, or benefits. 
Agreements also apply to nonunion workers. While no laws specifically 
prohibit antiunion discrimination, the court may require employers who 
are found guilty by civil courts of having engaged in such 
discrimination to compensate employees.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced labor, and there are no reports that it exists in the adult 
community. The Government also specifically prohibits forced and bonded 
labor by children, but does not enforce this prohibition effectively. 
However, children and in particular immigrant children are forced to 
working as domestic or agricultural help. The Government is cooperating 
actively with the U.N. Children's Fund (UNICEF) to combat this abuse; 
however, UNICEF has reported that some government officials privately 
use forced labor by immigrant children (see Section 6.d.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Children below the age of 16 may not work without the 
express consent of the Ministries of Labor, Education, and Public 
Health. These ministries rigorously enforce this law with respect to 
Gabonese children, and there are few Gabonese under the age of 18 
working in the modern wage sector. A significant number of children 
work in marketplaces or perform domestic duties. UNICEF and other 
concerned organizations have reported that government officials often 
privately use foreign child labor, mainly as domestic or agricultural 
help. These children do not go to school, have only limited means of 
acquiring medical attention, and are often victims of exploitation by 
employers or foster families. Laws forbidding child labor theoretically 
extend protection to foreign children as well, but abuses often are not 
reported. Education is compulsory until age 16. However, there is 
evidence that fewer than half of all secondary-school-age children 
attended school as of 1996; secondary school attendance rates for 
immigrant children appear likely to be lower, although public schools 
accept immigrant children, and the Government encourages them to 
attend.
    On January 23, the Minister of Education announced the indefinite 
closure of all public primary and secondary schools, following a strike 
by some public school teachers and most university students (see 
Sections 2.a and 6.a); however, all affected schools reopened in 
February following the resolution of the strike, and remained open 
throughout the rest of the year.
    The Government prohibits forced and bonded labor by children but 
does not enforce this prohibition effectively (see Section 6.c.).
    e. Acceptable Conditions of Work.--The Labor Code governs working 
conditions and benefits for all sectors and provides a broad range of 
protection to workers. The Code stipulates a 40-hour workweek with a 
minimum rest period of 48 consecutive hours. Employers must 
compensateworkers for overtime work. All companies in the modern wage 
sector pay competitive wages and grant generous fringe benefits 
required by law, including maternity leave and 6 weeks of annual paid 
vacation.
    Traditionally, representatives of labor, management, and the 
Government met annually to examine economic and labor conditions and to 
recommend a minimum wage rate within government guidelines to the 
President, who then issued an annual decree. This procedure has not 
been followed since 1994, in part because the Government was pursuing a 
policy of wage austerity recommended by international financial 
institutions. The monthly minimum wage was kept at its 1994 level of 
about $110 (cfa 64,000). Wages provide a decent standard of living for 
a worker and family.
    The Ministry of Health has established occupational health and 
safety standards but does not enforce or regulate them effectively. The 
application of labor standards varies greatly from company to company 
and between industries. The Government reportedly does not enforce 
Labor Code provisions in sectors where the bulk of the labor force is 
non-Gabonese. Foreigners, both documented and undocumented, may be 
obliged to work under substandard conditions; may be dismissed without 
notice or recourse; or may be mistreated physically, especially in the 
case of illegal aliens. Employers frequently require longer hours of 
work from noncitizen Africans and pay them less, often hiring on a 
short-term, casual basis in order to avoid paying taxes, social 
security contributions, and other benefits. In the formal sector, 
workers may remove themselves from dangerous work situations without 
fear of retribution.
    f. Trafficking in Persons.--No law specifically prohibits 
trafficking in persons; however, authorities have indicated that a 
provision of the Constitution that prohibits endangering the physical 
well-being of a person authorizes the State to prosecute persons who 
commit this abuse.
    There were no reports that persons were trafficked in, to, or from 
the country during the year.
                                 ______
                                 

                               THE GAMBIA

    The Gambia is ruled by President Yahya A.J.J. Jammeh, the former 
chairman of the Armed Forces Provisional Ruling Council (AFPRC) that 
seized power in a military coup in 1994, deposing a democratically 
elected government. Jammeh resigned his military commission and was 
elected president in controversial elections in September 1996, which 
observers considered neither free nor fair. Three of the 13 members of 
the current Cabinet are retired army officers who were Jammeh's allies 
during or immediately following the coup, and the security forces 
continue to exert strong influence in the Government. In January 1997, 
the Constitution of the Second Republic came into effect, restoring 
formal constitutional government, and citizens chose a National 
Assembly in elections, the results of which generally were accepted by 
the opposition. Jammeh's party, the Alliance for Patriotic 
Reorientation and Construction (APRC), won 33 of the 45 assembly seats 
filled by election. The Constitution provides for an independent 
judiciary; however, the judiciary reportedly is subject at times to 
executive branch pressure, especially at lower levels, although the 
courts have demonstrated their independence on occasion.
    The Gambian National Army (GNA) reports to the Secretary of State 
for Defense (who is now the President). The police report to the 
Secretary of State for the Interior. The National Intelligence Agency 
(NIA), established in 1995 by government decree, reports directly to 
the President but is otherwise autonomous. Members of the security 
forces committed serious human rights abuses.
    The rapidly growing population of 1.3 million is divided between a 
rural majority and a growing urban minority. Much of the population is 
engaged in subsistence farming. The country's farmers, a majority of 
whom are women, grow rice, millet, corn, and groundnuts (the country's 
primary export crop). The private sector, led by tourism, trading, and 
fisheries, is experiencing modest growth. However, a high population 
growth rate has diluted the positive effects of economic expansion. Per 
capita gross domestic product is estimated to be $360.
    The Government's human rights record generally was poor, and 
serious problems remained. President Jammeh's dominance and 
restrictions on opposition parties continued, and in practice citizens 
still do not have an effective right to change their government. 
Security forces sometimes beat or otherwise mistreated detainees and 
prisoners. There was at least one credible report that police severely 
beat an opposition figure while in custody. Prison conditions remained 
very poor. Security forces at times arbitrarily arrested and 
detainedcitizens, particularly opposition politicians and journalists. 
Some of the detainees alleged harsh treatment at the hands of their 
captors. The courts reportedly are subject to executive branch 
pressure, particularly at lower levels, although magistrates 
occasionally demonstrate some independence by ruling against the 
Government. However, members of the security forces occasionally defy 
High Court orders with relative impunity. The Constitution prohibits 
the prosecution of any member of the AFPRC for any act or omission in 
the performance of official duties following the 1994 coup. The 
Government at times infringed on citizens' privacy rights; the right to 
transfer funds or assets remained restricted for most senior officials 
of the former Jawara government. The Government significantly limited 
freedom of speech and of the press through intimidation and fear. 
Journalists still practice self-censorship. Citizens have been arrested 
for making antigovernment statements in public. The Government 
restricted freedom of assembly and association. The opposition United 
Democratic Party (UDP), in at least two instances, was denied 
permission to hold public rallies on the grounds that it did not 
provide sufficient notice. Although opposition forces were active and 
vocal in the National Assembly, a standing order forbade 
parliamentarians from criticizing the Head of State in their debates or 
discussing any matter before the courts. Although formal constitutional 
rule was restored in 1997, some constitutional provisions have not been 
respected in practice, and others have not been tested in the courts. 
An apparently unconstitutional ban on political activity by some 
politicians and political parties remains in effect and has not been 
subject to judicial review. The Government at times limited freedom of 
movement, particularly for some senior officials of the former Jawara 
government. The Government continued to withhold passports from at 
least three current opposition politicians, although in May a new 
passport was issued to one of the politicians. Discrimination and 
violence against women persisted. The practice of female genital 
mutilation (FGM) is widespread and entrenched. Child labor is common.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    The Government has not taken any action against a group of soldiers 
who shot and killed a man on a beach in October 1997, despite 
assurances by the Department of State for Defense that the matter would 
be ``judiciously and expeditiously addressed.''
    The circumstances of the May 1997 death of Yaya Srammeh, a rebel 
accused of treason, have not been explained publicly, nor has there 
been an investigation into his death.
    In July 1998, the Secretary of State for the Interior stated before 
the National Assembly that there had been no progress in his 
department's investigation of the 1995 death of former Finance Minister 
Ousman Koro Ceesay. The Government made no further statements on this 
matter during the year.
    There were no reported developments concerning the 1995 death of 
Sadibou Haidara, a member of the junta that seized power in 1994.
    In January rebels allegedly belonging to the Movement of Democratic 
Forces for the Casamance (MFDC) in Senegal crossed the border and 
attacked the village of Gambissara, killing two persons. On January 16, 
police arrested three alleged members of the MFDC.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution forbids torture or inhuman or degrading 
punishment; however, security forces sometimes beat or otherwise 
mistreated detainees and prisoners. There were also reports that 
security forces beat military and security detainees, and that security 
prisoners sometimes are threatened with summary execution.
    According to a member of the National Assembly, police allegedly 
severely beat and tortured an opposition politician who was arrested 
and detained for 2 days (see Section 1.d.).
    Police harassed citizens at checkpoints (see Section 2.d.).
    There were no developments in the promised investigation of the 
detention and torture of eight UDP officials in 1997. At the time of 
the incident, the Government promised a fullinvestigation and 
appropriate action by the Attorney General. Since the incident, police 
investigators have interviewed some witnesses, but some victims say 
that they have not been contacted. No one has been arrested and no 
results of the investigation have been made public.
    There were no further developments in the case of the reported 
detention and severe beating of UDP member Yaya Sanneh in July 1997.
    Conditions at Mile 2, Janjanbureh, and Jeshwang prisons remained 
very poor. Mile 2 prison was reported to be grim, overcrowded, and 
lacking in medical facilities. Prisoners are locked in their cells for 
over 20 hours each day. There were credible reports of beatings, 
malnourishment, and other harsh treatment of political, military, and 
security detainees. Women are housed separately.
    Conditions in one representative local jail reportedly were 
unsanitary and overcrowded. Inmates slept on cement benches or on the 
floor without blankets. There was one water tap in the cell area but 
often no water. Police are reluctant to terminate fistfights between 
prisoners until the dispute is settled, and many of the prisoners are 
injured.
    The International Committee of the Red Cross visited Mile 2 prison 
during the year. Local nongovernmental organizations (NGO's) also 
generally are permitted to visit prisons upon request. A member of the 
African Commission on Human and Peoples' Rights and the Special 
Rapporteur on Prisons and Conditions of Detention in Africa visited the 
three prisons during the year.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
includes provisions to protect against arbitrary arrest and detention; 
however, on occasion, security forces arbitrarily arrested and detained 
citizens. Periods of detention ranged from a few hours to several days.
    The Government has not revoked formally military decrees enacted 
prior to the current Constitution that give the NIA and the Secretary 
of State for Interior broad power to detain individuals indefinitely 
without charge if ``in the interest of national security.'' The 
Constitution provides that decrees remain in effect unless inconsistent 
with constitutional provisions. These detention decrees appear to be 
inconsistent with the Constitution, but they have not yet been subject 
to judicial challenge. The Government has stated that it no longer 
enforces these decrees; however, in some instances, the Government did 
not respect the constitutional requirement that detainees be brought 
before a court within 72 hours.
    In April the NIA arrested two airport security officials and 
detained them without charge for 2 days after they attempted to prevent 
a senior presidential advisor from escorting a group of foreign 
officials onto the airport tarmac. The presidential advisor reportedly 
drew his gun after being denied entry, forced his way onto the tarmac, 
and then struck the more senior of the security officials on the head 
with the butt of the gun. Upon being released from detention, both 
security officers were fired from their jobs; however, in July they 
were reinstated and the senior security officer was promoted.
    In May the NIA arrested Tata Camara, chairperson in Janjanbureh of 
the UDP, and six other UDP supporters in Dankunku. Tata allegedly was 
discussing privately her views of economic hardships in the country 
when arrested. The arrests of the other six followed a UDP political 
rally held in Dankunku in May. The six UDP supporters were released 
after 6 hours but Camara remained in detention for 2 weeks.
    On May 26, an opposition member, Shyngle Nyassi, was abducted from 
his house in Brikama and detained without charge by the NIA. The NIA 
defied a High Court order to release Nyassi, who was detained for 2 
weeks, falsely claiming that he was not in the agency's custody. The 
NIA released Nyassi a week after the court-ordered time.
    On July 16, a reporter from a new newspaper, The Independent, was 
detained for over 2 hours. He allegedly was harassed for reporting that 
government immigration officers had arrested non-citizen, disabled 
beggars. On July 30, the NIA arrested six staff members of The 
Independent and detained them for 3 hours for questioning after the 
newspaper continued publishing despite a court order to cease 
publication. On August 1, the NIA arrested and detained for a day the 
editor in chief and the managing editor of The Independent (see Section 
2.a.).
    In September a reporter from The Daily Observer and the editor in 
chief were arrested and detained for questioning after publishing a 
story about an alleged military skirmish in the village of Kanilai, 
which is President Jammeh's home village (see Section 2.a.). The editor 
was released after 2 hours of questioning, butthe reporter was detained 
for 48 hours. Both were released without charge.
    In September the chairman of the opposition National Reconciliation 
Party (NRP) in Dankunku village, Musa Jallow, was arrested and detained 
for 2 days by the police. He was accused of insulting President Jammeh 
and other government authorities. A member of the National Assembly, 
who visited Jallow during his detention, reported that Jallow had been 
beaten and tortured.
    In May 1998, 10 persons, including UDP leader Lamin Waa Juwara and 
the imam of the largest mosque in Brikama, were arrested in a 
politically charged dispute over minor construction work at a mosque in 
Brikama (see Section 2.c.). None of those arrested was charged within 
the constitutionally required 72-hour period. Charges against five of 
those detained were dropped. The four that were charged with damaging 
public property were acquitted and discharged by the magistrate court 
in February.
    On December 28, three journalists with the Independent newspaper 
were arrested for ``libel against the President'' (see Section 2.a.). 
They were released on bail, but must check in with the police on a 
regular basis. Their trial was pending at year's end.
    The Government has made no progress in investigating the detention 
and torture of eight UDP activists in 1997 (see Section 1.c.).
    The Government did not exile opponents; however, former President 
Jawara remains outside the country under threat of arrest and detention 
on corruption charges if he returns. Other senior officials of the 
former government, for example, Vice President Saihou Sabally, and 
Secretary General Abdou Sara Janha, also remain outside the country, 
but do not face official charges.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary reportedly is subject at 
times to executive branch pressure, especially at the lower levels. The 
courts nevertheless have demonstrated their independence on several 
occasions, at times in significant cases. In February the High Court 
dismissed charges against some of the defendants in the politically 
charged dispute concerning a mosque in Brikama (see Section 1.d.). In 
1997 the Court of Appeal, the country's highest court, overturned the 
treason convictions and death sentences of four men who led an abortive 
coup in November 1996. The Government has appealed this decision to the 
Privy Council in London, but the case was pending at year's end.
    The judicial system comprises a Judicial Committee of the Privy 
Council (based in London), the Court of Appeal, high courts, and eight 
magistrate's courts. The Constitution provided for a reconfiguration of 
the courts by which a Supreme Court would replace the Privy Council as 
the ultimate court of appeal. The new Supreme Court was inaugurated in 
December, and a full compliment of judges and a Chief Justice were 
appointed. Appeals to the Privy Council ceased. Village chiefs preside 
over local courts at the village level.
    The judicial system 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.
    The 1998 trial of three men accused of complicity in a July 1997 
coup attempt was closed to the public after the court accepted a 
prosecution motion that public presentation of certain evidence would 
lead to a ``breach of peace and public order.'' One of the accused made 
detailed allegations of torture before the proceedings were closed. The 
three were convicted of treason in October 1998 and sentenced to death; 
their appeals of the convictions were pending at year's end.
    The junta that took power in 1994 appointed four commissions to 
investigate individuals and organizations suspected of corruption 
during the First Republic. These commissions had powers similar to a 
grand jury, with additional authority to recommend the seizure of 
assets, to imprison and fine for contempt, and to imprison or demand 
bond from individuals considered likely to abscond. Three of the 
commissions completed their work in 1998, the fourth completed its work 
and submitted its report. The commissions were closed in December. No 
findings were made public by year's end.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such abuses; however, 
although the Government generally respects these prohibitions, in 
practice there were some exceptions. The Government has not canceled 
Decree 45, which abrogates Constitutional safeguards against arbitrary 
search and permits search and seizure of property without due process. 
This decree remains formally in effect, pending a judicial finding that 
the decree is inconsistent with the Constitution. In practice the 
Government appears not to enforce it, but no court case has been 
brought to test the decree's constitutionality.
    Observers assume that the Government monitors citizens engaged in 
activity that it deems objectionable. In the past, surveillance 
included monitoring of telephones and mail. In previous years, 
investigating commissions made findings resulting in the forfeiture of 
private property, principally that property held by former government 
and parastatal officials. The work of these commissions, which began 
under the AFPRC regime, is sanctioned under the Constitution with 
provisions for due process. However, it is not clear that the full 
rights of due process were accorded to officials investigated by the 
commissions before the Constitution took effect. The evidentiary 
standards applied by the commissions in ordering the forfeiture of 
money and property are not clear, and orders by the commissions have 
not yet been subject to effective judicial review.
    The Government restricted the right to transfer funds or assets of 
some senior officials of the former Jawara government accused of 
corruption.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and the press; however, in practice, the Government 
significantly limits the full exercise of these freedoms by using 
intimidation, police pressure, regulatory scrutiny, and laws that 
inhibit the media. As a result, journalists practice a significant 
degree of self-censorship.
    On July 23, the publishers of The Independent received a letter 
from the Attorney General, ordering them to cease publishing until they 
had registered their business name with the Commissioner of Income Tax 
as required by the Business Registration Act of 1973. The Independent 
ignored the order and continued to publish. On July 30, the NIA raided 
The Independent offices and arrested six staff members. They were 
detained for questioning for 3 hours and released without charge. On 
August 1, the editor in chief and the managing editor were arrested and 
detained by the NIA for continuing to publish the newspaper. They were 
released on August 2 (see Section 1.d.). The Independent subsequently 
completed the registration of its name and resumed publishing on August 
20. On December 28, the editor in chief, the managing editor, and a 
staff reporter with the Independent were arrested for ``libel against 
the President,'' after they wrote an article questioning the stability 
of the President's marriage. They were released on a bail of $1,000 
(10,000 dalasi) each, but must check in with the police on a regular 
basis. Their trial was pending at year's end.
    In early 1998, the NIA closed the country's leading independent 
radio station, Citizen FM, after it broadcast a report that a senior 
NIA official had been implicated in a currency counterfeiting scheme. 
The station also was charged with failure to pay its licensing fees. 
The station's owner and news editor were detained briefly. Despite the 
controversy over licensing fees, a government press release made it 
clear that the station's editorial policies were a principal reason for 
the government action. The press release warned about ``disciplinary 
measures'' for reporting ``allegations and unconfirmed rumors.'' In 
July 1998, a magistrate's court ordered that the station be forfeited 
to the Government for failure to pay the licensing fees, despite 
repeated offers by the station's ownership to pay past due accounts. 
The station's ownership has appealed the judgment; the trial resumed at 
the High Court in June, but was adjourned until 2000.
    The Daily Observer, the country's leading independent newspaper, 
also has experienced significant governmental interference. In May the 
Daily Observer was sold to a businessperson said to be more amenable to 
President Jammeh than the previous management. Nevertheless, Daily 
Observer reporters still encounter politically motivated resistance. In 
September a reporter from the Daily Observer and the editor in chief 
were arrested and detained for questioning, subsequent to an Observer 
article reporting on an alleged military skirmish in the President's 
home village. The editor in chief was released after 2 hours and the 
reporter released after 48 hours (see Section 1.d.).
    In September an opposition politician was arrested, detained, and 
reportedly beaten for allegedly insulting President Jammeh and other 
government authorities (see Section 1.d.).
    The Government employed arrest, detention, and interrogation to 
intimidate journalists and newspapers that published articles that it 
considered inaccurate or sensitive (see Section 1.d.). Decrees 70 and 
71, enacted in 1996, remained in effect and continued to inhibit free 
reporting. The decrees require all newspapers to post a $10,000 
(100,000 dalasis) bond or cease publication. The bond is required to 
ensure payment of any penalties imposed by a court for the publication 
of blasphemous or seditious articles or other libel. State-owned 
publications are not subject to these decrees. The possession and 
distribution of documents deemed to be ``political literature'' also is 
barred by decree. These decrees and the fear of reprisals and 
government action have had a chilling effect on the press. Although 
still independent, the nongovernment press practices a significant 
degree of self-censorship. However, strong criticism of the Government 
is frequent, and opposition views appear in the independent press. 
English, French, and other foreign newspapers and magazines are 
available.
    Radio broadcasts from the government station and private stations 
normally reach listeners in the eastern part of the country. Private 
radio stations simulcast news provided by Radio Gambia, the government 
station. After the closure of Citizen FM, only one private radio 
station produced independent news broadcasts. However, occasionally 
there were public affairs broadcasts on at least two independent radio 
stations. The British Broadcasting Corporation, Voice of America, Radio 
France International, and other news reports sometimes are rebroadcast 
by local stations, and all are available via short-wave radio. 
Senegalese television and radio are available in many parts of the 
country. Wealthy residents also use television satellite systems for 
independent news coverage.
    Government radio and television give very limited coverage to 
opposition activities, including statements by opposition 
parliamentarians in the National Assembly. In most other respects, the 
state media serve as propaganda instruments for the Government and its 
supporters.
    There were no reports of any government restrictions on academic 
freedom. There is no university, but a university extension program 
completed its fourth academic year in August.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government restricts 
this right in practice. The authorities interfered with efforts by the 
principal opposition party, the UDP, to organize public meetings. In 
several instances, the Government denied UDP requests for permits to 
hold political rallies on the grounds that the requests were submitted 
late. Nevertheless the UDP held several well attended rallies at which 
leaders made statements highly critical of the Government.
    In May the police arrested a female chairperson and six other UDP 
supporters for attending a political rally. The six were released 
within 24 hours, but the chairperson was detained without charge for 2 
weeks (see Section 1.d.).
    The Constitution provides for freedom of association; however, the 
Government restricts this right in practice. Decree 89 banned from 
political activity three major opposition political parties, and all 
former presidents, vice presidents, and ministers until 2024. The 
decree's penalty of life imprisonment for an individual or a $100,000 
(1 million dalasi) fine for an organization considerably restricts 
political activity (see Section 3). Despite the fact that the decree 
apparently conflicts with provisions of the Constitution, it has not 
been challenged in court. The severe penalties for violating the decree 
have inhibited political challenge, since most cases would have to be 
brought by a person who violated the decree. The three banned major 
parties have not resumed activity nor have the various political 
figures covered under the ban done so.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice. 
Adherents of all faiths are free to worship without government 
restriction.
    The foreign leadership and foreign staff members of the Ahmadiyah 
Islamic branch, who left the country in 1997 claiming fear of 
persecution after being criticized by the imam of the Statehouse mosque 
so far have not returned. However, in 1998 the Gambian head of the 
Ahmadiyah branch returned from exile, and the institutions of the 
Ahmadiyah, which were closed as a result of the conflict, were 
reopened. The Statehouse imam has made no further criticism of the 
Ahmadiyah branch.
    In May 1998, the imam of the largest mosque in Brikama was arrested 
in a dispute over minor construction work at a mosque that reportedly 
was financed by supporters of the ruling party. The imam, a largely 
apolitical figure who nevertheless is believed by many to oppose the 
ruling party, ordered a halt to the construction. Subsequently he was 
arrested, together with a leading opposition party politician and eight 
others. In February after a protracted legal battle, all of those 
arrested were acquitted of charges of destruction of property and 
discharged by the High Court. However, the Government refused to allow 
the imam to lead prayers at the mosque both as a result of this 
incident and due to pressure from his opponents in the community. The 
Government's refusal to allow the imam to lead prayers was being 
considered in the High Court at year's end.
    The Government permits and does not limit religious instruction in 
schools. Bible and Koranic studies are provided in both public and 
private schools throughout the country without government restriction 
or interference. Religious instruction in public schools is provided at 
government expense, but is not mandatory.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement but allows for ``reasonable restrictions,'' and there were 
instances in which the Government restricted this right. At a major 
police checkpoint outside of Banjul, police and NIA personnel 
reportedly harassed individuals not carrying the recently required 
identification card. Even citizens who carried Gambian passports were 
detained and threatened at gunpoint. However, observers reported that 
such activity lessened by year's end.
    The authorities prohibited those under investigation for corruption 
or security matters from leaving the country. Three politicians 
associated with the opposition UDP also were denied passports, although 
they were not facing corruption or security charges. One of the 
politicians was granted a passport in May. The leader of the opposition 
UDP and other opposition figures have traveled outside the country 
without incident.
    The law does not provide for the granting of refugee and asylee 
status in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees and its 1967 Protocol; however, the Government 
cooperates with the office of the United Nations High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in assisting 
refugees. The Government provided first asylum for approximately 3,000 
persons from Senegal and Guinea-Bissau during the year. There were no 
reports of the forced expulsion of persons with a valid claim to 
refugee status. The Government works with the UNHCR and local NGO's in 
processing refugee claims. The Gambia hosts approximately 8,000 
refugees from Sierra Leone, Senegal, Guinea-Bissau, Liberia, and other 
countries. The Government continues to host approximately 3,500 
Senegalese refugees from the troubled Casamance region. In August with 
the assistance of the Government, the UNHCR repatriated 93 refugees to 
the Casamance region in Senegal and 250 to Guinea-Bissau.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Despite a new Constitution and legislative elections in 1997, 
citizens still do not have an effective right to change their 
government in practice. Citizens attempted to exercise this right in 
presidential elections in 1996; however, the few international 
observers who were present noted serious problems in the electoral 
process. Foreign governments criticized the election as not being free 
and fair, primarily because of government intimidation, restrictions 
imposed by the Government on opposition campaign efforts, and limited 
access to the government-owned media prior to the election.
    Government-owned media continued to deny news coverage and other 
access to opposition politicians and engaged in a number of other 
practices that restricted political activity (see Section 2.a.). In 
September an opposition politician was arrested, detained, and 
reportedly beaten for allegedly insulting President Jammeh and other 
government authorities (see Section 1.d.). The Government frequently 
refused to authorize opposition meetings (see Section 2.b). Decree 89 
bans three former political parties and all persons who held the 
offices of president, vice president, and minister since 1965 from 
involvement in politics until 2024 (see Section 2.b.). Although Decree 
89 apparently is unconstitutional, it has not been challenged in the 
courts and remained in effect. The severe penalties for violating the 
decree have inhibited challenge, since most cases would have to be 
brought by a person who violated the decree. During the year, the 
Government thwarted an opposition effort to have the National Assembly 
repeal Decree 89.
    In January 1997, the Constitution of the Second Republic came into 
effect, and citizens chose a new National Assembly inelections whose 
results were accepted by the opposition. President Jammeh's party, the 
Alliance for Patriotic Reorientation and Construction (APRC) won 33 of 
45 assembly seats filled by election; 4 members are appointed by the 
President. Procedural methods are used to restrict debate within the 
National Assembly.
    The Constitution provides for the democratic election of the 
President every 5 years. National Assembly elections are held 3 months 
after the presidential elections. Presidential elections are scheduled 
for 2001. Local elections originally scheduled for 1998 were postponed; 
no new date has been fixed yet.
    There are no obstacles to the participation of women in government; 
however, they are underrepresented in government and politics. Only 1 
of 45 members of the National Assembly is a woman. The Vice President 
(who is also Minister of Health) is a woman and there are three female 
ministers in the Cabinet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are several organizations whose mandates provide for human 
rights monitoring. The AFPRC's Decree 81 of 1996 requires NGO's to 
register with the National Advisory Council, which has the authority to 
deny, suspend, or cancel the right of any NGO to operate (including 
that of international NGO's). However, the Government did not take 
action against any NGO's during the year.
    There are three major organizations whose primary mandate is the 
promotion of human rights--the International Society for Human Rights 
(ISHRA), the African Center for Democracy and Human Rights Studies 
(ACDHRS), and the Institute for Human Rights and Development (IHRD). 
Both the ISHRA and the ACDHRS have conducted training in democratic 
rights and civic education. The IHRD is a new organization and focuses 
principally on the operations of the African Commission on Human and 
Peoples' Rights, an organ of the Organization of African Unity based in 
Banjul.
    In May President Jammeh appointed the first government ombudsman as 
required in the Constitution. On May 3, the National Assembly approved 
the appointment. The ombudsman's office, which began operations during 
the year is charged with investigating allegations of mal-
administration, mismanagement, or discrimination.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on race, sex, 
religion, disability, language, or social status, and the Government 
generally respects these prohibitions.
    Women.--Domestic violence, including abuse, occasionally is 
reported, and its occurrence is believed to be fairly common. Police 
tend to consider these incidents to be domestic issues outside of their 
ordinary jurisdiction.
    Rape and assault are crimes under the law. The law does not 
differentiate between married and unmarried women in this regard. Any 
person who has carnal knowledge of a girl under the age of 16 is guilty 
of a felony (except in the case of marriage); incest is also illegal. 
These laws generally are enforced.
    Neither sexual harassment nor de facto sexual discrimination are 
believed to be widespread, although individual instances have been 
noted.
    Traditional views of women's roles result in extensive societal 
discrimination in education and employment. Families frequently educate 
male children before female children. Females constitute about 40 
percent of primary school students and roughly \1/3\ of high school 
students.
    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; however, women generally are employed in endeavors such as 
food vending or subsistence farming.
    Shari'a law usually is applied in divorce and inheritance matters 
for Muslims, who make up approximately 90 percent of the population. 
Women normally receive a lower proportion of assets distributed through 
inheritance than do male relatives. Marriages often are arranged and, 
depending on the ethnic group, polygyny is practiced. Women in 
polygynous unions have property and other rights arising from the 
marriage. They have the option to divorce, but not a legal right to 
approve or be notified in advance of subsequent marriages.
    Active women's rights groups exist, which are focused primarily on 
economic issues and the elimination of female genital mutilation (FGM).
    Children.--The Government is committed to children's welfare. The 
Department of Education and the Department of Health, Social Welfare, 
and Women's Affairs are the two most generously funded departments. 
However, the lack of resources limits state provision of both education 
and health services.
    The Constitution mandates free compulsory primary education, but in 
view of the current state of the educational infrastructure, this 
provision represents a goal and not an accomplishment. There is no 
effective compulsory education. However, in February 1998, the 
President announced an end to fees for the first 6 years of schooling, 
and the Government has implemented the decision. Opportunities for 
secondary education are even more limited. The participation of girls 
in education is very low; there is approximately a two to one ratio of 
boys to girls enrolled in school at all levels. The enrollment of girls 
is particularly low in rural areas where a combination of poverty and 
socio-cultural factors influence parents' decisions to not send girls 
to school.
    The care and welfare of children in distress is considered 
primarily a family responsibility. In cases of divorce, the Department 
of Social Welfare attempts to require periodic financial support by 
fathers; however, there is no criminal prosecution when fathers fail to 
provide financial support.
    Authorities generally intervene when cases of child abuse or 
mistreatment are brought to their attention, however, there is no 
societal pattern of abuse against children. Serious cases of abuse and 
violence against children are subject to criminal penalties.
    There are a few instances of child street begging. The tourist 
industry has stimulated a small amount of child prostitution, which is 
prosecuted vigorously. In rural areas, most children assist their 
families in farm and housework. In urban areas, many children work as 
street vendors or taxi and bus assistants.
    The practice of female genital mutilation, which is widely 
condemned by international health experts as damaging to both physical 
and psychological health, is widespread and entrenched. Reports place 
the number of women having been subjected to FGM at between 60 and 90 
percent. Seven of the nine major ethnic groups practice FGM at ages 
varying from shortly after birth until 18 years old. In recent years, 
the Government publicly has supported efforts to eradicate FGM and 
discourages FGM through health education. However, the Government has 
not passed legislation against FGM, and FGM is not considered a 
criminal act. In February President Jammeh stated publicly that the 
Government would not ban FGM, and that FGM is a part of the country's 
culture.
    People with Disabilities.--There are no statutes or regulations 
requiring accessibility for the disabled. No legal discrimination 
against the physically disabled exists in employment, education, or 
other state services. Severely disabled individuals subsist primarily 
through private charity. Less severely disabled individuals are 
accepted fully in society and encounter no discrimination in employment 
for which they are physically capable.
    Section 6 Worker Rights a. The Right of Association
    The 1990 Labor Act, which applies to all workers except civil 
servants, 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. About 20 percent of the work force is employed in 
the modern wage sector, where unions are most active. Approximately 
30,000 workers are union members, constituting 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. The 
Government recognizes both organizations.
    The Labor Act 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 a court, the court may 
prohibit industrial action that is ruled to be in pursuit of a 
political objective. The court also may 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.
    Unions may affiliate internationally, and there are no restrictions 
on union members' participation in international labor activities. The 
country applied in 1995 to join the International Labor Organization. 
It has been accepted in principle but must make modifications to its 
labor and employment laws before gaining full membership; however, the 
Government took no action during the year to modify its labor and 
employment laws. b. The Right to Organize and Bargain Collectively
    The 1990 Labor Act allows workers to organize and bargain 
collectively. Although trade unions are small and fragmented, 
collective bargaining takes 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 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 act also sets minimum 
contract standards for hiring, training, terms of employment, and 
provides that contracts may not prohibit union membership. Employers 
may not fire or discriminate against members of registered unions 
engaged in legal union activities.
    The Government is attempting to establish an export processing zone 
at the port of Banjul, but no manufacturer has begun operations yet. c. 
Prohibition of Forced or Compulsory Labor
    The Constitution prohibits compulsory labor, and it is not known to 
occur. Although the law does not prohibit specifically forced or bonded 
labor by children, it is not known to occur. Most children performing 
customary chores or who are engaged in petty trading do so as a part of 
an extended family. d. Status of Child Labor Practices and Minimum Age 
for Employment
    The statutory minimum age for employment is 18 years. There is no 
effective 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. In rural areas, most children assist their families in farming 
and housework. In urban areas, many children work as street vendors or 
taxi and bus assistants. The tourist industry has stimulated a small 
amount of child prostitution (see Section 5).
    Although the law does not prohibit specifically forced or bonded 
labor by children, it is not known to occur (see Section 6.c.).
    e. Acceptable Conditions of Work.--Minimum wages and working hours 
are established by law through six joint industrial councils: Commerce; 
Artisans; Transport; Port Operations; Agriculture; and Fisheries.
    Labor, management, and the Government are represented on these 
councils. The lowest minimum wage is about $1.04 (12 dalasis) per day 
for unskilled labor. This minimum wage is not sufficient to provide a 
decent standard of living for a worker and family. Only 20 percent of 
the labor force, essentially those workers in the formal economic 
sector, are covered by the minimum wage law. The majority of workers 
are employed privately or are self-employed, often in agriculture. Most 
citizens 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 30-minute lunch break is mandated. Nationwide, 
the workweek includes 4 8-hour workdays and 2 4-hour workdays (Friday 
and Saturday). Government employees are entitled to 1 month of 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 the Ministry is 
authorized to appoint inspectors to ensure compliance with safety 
standards. Enforcement is inconsistent due to insufficient and 
inadequately trained staff. Workers may demand protective equipment and 
clothing for hazardous workplaces and have recourse to the Labor 
Department. Workers may refuse to work in dangerous situations without 
risking loss of employment.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons, and there were no reports that persons were trafficked in, to, 
or from the country.
                                 ______
                                 

                                 GHANA

    Ghana is a constitutional republic dominated by a strong 
presidency. Flight Lieutenant (ret.) Jerry John Rawlings has ruled the 
country for 18 years. He became the first President of the Fourth 
Republic following controversial elections in 1992. This ended 11 years 
of authoritarian rule under Rawlings and his Provisional National 
Defense Council (PNDC), which had seized power from an elected 
government in 1981. The opposition fully contested the 1996 
presidential and parliamentary elections, which were described as 
peaceful, free, and transparent by domestic and international 
observers. President Rawlings was reelected with 57 percent of the 
popular vote. Rawlings' National Democratic Congress (NDC) party won 
133 of the Parliament's 200 seats, just short of the two-thirds 
majority required to amend the Constitution. 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 (CHRAJ). In reality this system of checks 
and balances is circumscribed by a parliament dominated by the 
President's party, a hesitant judicial service, and a system-wide lack 
of resources that hobbles the effectiveness of all three branches. The 
presence of a significant number of opposition parliamentarians has led 
to increased scrutiny of the Government's activities. In 1998 in 
peaceful elections voters elected new district assembly representatives 
and, for the first time, unit committee members to complete the local 
government structure outlined in the Constitution. The judiciary 
appears subject to executive influence on occasion and lacks adequate 
resources.
    Several security organizations report to various government 
departments. The police, under the jurisdiction of an eight-member 
Police Council, are responsible for maintaining law and order. A 
separate department, the Bureau of National Investigations (BNI), 
handles cases considered critical to state security and answers 
directly to the executive branch. Although the security apparatus is 
controlled by and responsive to the Government, monitoring, 
supervision, and education of the police in particular remain poor. 
Police committed some serious human rights abuses.
    The economy remains dependent on agriculture, with about 41 percent 
of gross domestic product (GDP) and 59 percent of employment derived 
from this sector, according to government statistics. Gold, cocoa, and 
timber are the traditional sources of export earnings, although cocoa 
and gold revenues fell due to the drop in the prices of these 
commodities on the world market. Tourism is the third largest foreign 
exchange earner. Service sector growth outpaced both agriculture and 
industry, according to an International Labor Organization (ILO) study 
released in September. The economy grew at a rate of 4.4 percent, down 
from 4.6 percent in 1998, due to the fall in the world price of gold 
and cocoa and the increase in the price of crude oil. Inflation 
decreased from 15 percent to 13.8 percent. Per capita GDP decreased to 
approximately $400.
    There continued to be problems in the Government's human rights 
record; however, it continued its attempts to improve its practices. 
Police use of excessive force again resulted in a number of 
extrajudicial killings as well as injuries, although the use of rubber 
bullets and water cannons improved the ability of the police to manage 
crowd control situations without killings or serious injuries. Numerous 
incidents from earlier years remained unsolved. There were continued 
credible reports that members of the police beat prisoners and other 
citizens, and arbitrarily arrested and detained persons. Police 
corruption is a problem. Prison conditions remained harsh, and 
prolonged pretrial detention remained a problem. Inadequate resources 
and a system vulnerable to political and economic influence compromised 
the integrity of the overburdened judicial system. The Government 
sometimes infringed on citizens' privacy rights. The Government 
continued to prosecute two criminal libel cases. In 1998 three 
independent journalists were jailed following legally flawed contempt-
of-court cases, strengthening the perception that the judiciary 
operates under the influence of the executive. In November a journalist 
was sentenced to 3 months in jail and fined about $460 after being 
found guilty in a criminal libel case. The Government continued to 
pressure the media. Some journalists practiced self-censorship. The 
nongovernment press, nonetheless, continued its vigorous and outspoken 
criticism of various government policies. Police used force to disperse 
demonstrations. Government-supported demonstrations took place 
unimpeded, while demonstrations critical of the Government, when they 
occurred, were circumscribed. Violence against women is a serious 
problem. Traditional practices, including a localized form of slavery 
practiced in some rural areas, still result in considerable 
discrimination against and abuse of women and children. Female genital 
mutilation (FGM) still is practiced. In May mobs attacked three 
charismatic Christian churches in a seasonal conflict over a 
traditional ban on drumming. Some ethnic groups complain of 
discrimination. Child labor is a problem in the informal sector, and 
there were reports of forced child labor, and trafficking in women and 
children. Vigilante justice also is a problem. Legislation intended to 
provide additional protection to women and children came into effect, 
following similar legislation in 1998 intended to protect women and 
children.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Security forces 
committed a number of extrajudicial killings. The number of deaths 
reportedly caused by members of the security services remained the 
same, although the use of rubber bullets and water cannons improved the 
ability of the police to manage crowd control situations without 
killings or serious injuries. In recent years, the police service in 
particular has come under severe criticism following incidents of 
police brutality, corruption, and negligence. Public confidence remains 
low and mobs attacked several police stations. In January the 
presidential Archer Commission issued a white paper critiquing police 
operations and providing specific directives as to how to address 
police manpower, training, and logistical needs. The Inspector General 
of Police publicly acknowledged these problems and attempted to address 
them through training in human rights and riot control.
    On January 13, a farmer was fatally shot and 12 policemen injured 
during a riot at Juaso, outside of Kumasi in the Ashanti Region. A 
former chief held a year-end party for his supporters although the 
police prohibited the gathering. The 36-year-old farmer was reportedly 
hit by a warning shot fired by the police. The ex-chief and more than 
60 townspeople were arrested by a joint police and military team in 
connection with the riot (see Section 5).)
    On February 14, police fired live bullets indiscriminately into a 
Konkomba market crowd, while attempting to stop looting, killing a 15-
year-old boy and injuring two other persons.
    On June 24, an employee of the National Security Council allegedly 
shot and killed an agricultural officer following a traffic dispute 
near Abelemkpe in Accra. The suspect, who reported having shot an armed 
robber, was arrested and released on bail. The case is ongoing.
    On August 12, the Deputy Superintendent of Police allegedly shot a 
vendor at Soe, near Bolgatanga in the Upper East Region, in a dispute 
over the siting of a kiosk. The vendor died 3 days later. One other 
person was injured by a stray bullet fired by police during the 
confrontation. The police are investigating. The Inspector General of 
Police (IGP) attended the vendor's funeral.
    On August 19, a policeman allegedly shot and killed a passenger in 
a truck after the driver refused to stop when signaled to do so in 
Winneba in the Central Region. The policeman reportedly was on the 
lookout for armed robbers and tried to deflate the truck's tires with 
an AK-47, killing the victim by mistake. The incident is under 
investigation.
    On September 25, a policeman reportedly shot and killed a driver at 
his residence in Korpeyia, near the border with Togo. The police 
maintain the deceased was a notorious criminal who threatened to kill a 
policeman who had gone into his house to arrest him and that the 
policeman shot him in self-defense.
    On November 13, a plainclothes police inspector shot and killed the 
driver of a timber truck at a police barricade in the Ashanti region 
town of Barekese. Initial reports stated that the man was shot 
accidentally in a scuffle with the police, but eyewitnesses reported 
that there was no scuffle and the driver was killed deliberately. 
Police authorities suspended the inspector immediately and initiated an 
investigation that was underway at year's end.
    On December 24, a patrol team of police and military personnel shot 
and killed two passengers in a taxi in Tema, a coastal town in the 
greater Accra region. The taxi driver reportedly failed to stop at a 
checkpoint, and the police were making spot checks on vehicles 
following a report of an armed robbery. The police say they fired 
warning shots, but witnesses said there were more than 10 bullet holes 
in the vehicle and the tires were flat from the shooting. At year's 
end, there had been no further action.
    In late 1998, the police established a special judicial tribunal to 
try officers suspected of unlawful and careless use of weapons. Of the 
fatalities that occurred in 1998, several remained under investigation, 
with the implicated police officers transferred. Police actions in the 
July 2, 1998 incident in the Brong Ahafo Region were determined to have 
been in self-defense. The case has been closed and the officer 
transferred to another region. In February the Government accepted the 
results of the inquiry into the October 28, 1998 murder of a man in 
Accra. The commander of the operation was found personally liable. The 
IGP instigated disciplinary action against all the policemen involved 
and ordered compensation for the victim's family. The Ministry of 
Interior acknowledged that police of all ranks needed to be retrained 
in the handling of weapons. The police officers involved filed a 
protest stating that they are not personallyliable for the incident 
because they were performing official duties.
    The committee investigating the police officer implicated in the 
May 31, 1998 killing of a bystander in Sekondi indicted the officer in 
charge. The police have not yet compensated the family of the victim.
    The officers involved in the October 7, 1998 beating of a farmer in 
Pramkese were suspended pending investigation. At year's end, the case 
was still under investigation.
    In June the Government released the report of the committee that 
investigated the March 1997 death of two youths. The deaths occurred 
when police opened fire on demonstrators in Kumasi. The committee 
found, and the Government concurred, that the police failed to follow 
riot control procedures and that the families of the deceased should be 
compensated with approximately $2,900 (10 million cedis) for each 
family. Disciplinary action was ordered against the police officer in 
charge during the riot.
    In June the family of a man who died on November 9, 1998 in a 
Western Region police cell reasserted that the deceased was brutalized 
by police and detained in handcuffs for 5 days. In response to a family 
petition filed a week after the death, the regional police command 
denied that police mistreated the deceased.
    The Government again refused to launch an independent inquiry into 
the deaths of four demonstrators during a May 1995 protest against 
government tax policy after having closed the case inconclusively. The 
police report was never released to the public.
    The Government continued to refuse to investigate extrajudicial 
killings in the early years of PNDC rule, despite the July publication 
of the names of 199 alleged victims in an independent newspaper.
    During the year, chieftancy disputes led to several deaths and a 
number of injuries (see Section 5).
    The press reported numerous cases of vigilante style ``instant 
justice'' conducted by angry citizens and mobs on suspected criminals 
and suspected witches that led to a number of deaths and injuries.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution states that the dignity of all persons 
shall be inviolable and that no one shall be subjected to torture or 
other cruel, inhuman, or degrading treatment or punishment, or any 
other condition that detracts from human dignity; however, there were 
continued credible reports that members of the police and customs 
officials beat prisoners and other citizens. It is generally believed 
that severe beatings of suspects in police custody occur throughout the 
country but go largely unreported. On February 16, six soldiers from 
the 4th battalion reportedly stabbed a Kumasi man after one soldier 
stormed into his house and beat him. While the civilian was en route to 
the hospital with his brother, they both allegedly were assaulted by 
five more soldiers. The brother later lost hearing in one ear. In April 
another brother of the same man was brutalized and his room vandalized, 
allegedly by a forestry commission employee and hired ``machomen'' 
(private security enforcers). The incidents were reported to the Chief 
of Defense Staff and the Inspector General of Police. There were no 
reports of progress in these investigations.
    Also in February, five Achimota police officers were suspended 
after detaining a woman in a cell with her husband and 15 other males. 
A local human rights group was instrumental in spurring the police 
administration to investigate. In July after a human rights activist 
alerted the CHRAJ, news media reported the story of a woman who had 
become pregnant by a suspected criminal also in police custody while 
she was held in remand for 16 months on an attempted murder charge in 
Anloga in the Volta Region. In August the police administration 
suspended the district officer and launched an investigation into the 
breach of the policy that female suspects not be detained in cells with 
male counterparts.
    On May 27, a man suffered gunshot wounds when Customs, Excise, and 
Preventive Service (CEPS) officers fired warning shots against a mob of 
angry youth at Dodo-Amanfrom in the Volta Region. The clash followed 
CEPS' seizure of goods believed to be uncustomed. A CEPS' investigation 
found that the officers had acted within the law in self-defense.
    In June three soldiers and a district forestry officer shot and 
wounded six persons at Nkunkum in the Eastern Region for allegedly 
violating timber harvesting regulations.
    On August 13, police used water cannons and tear gas to disperse a 
student demonstration against increased university fees. Police beat 
several students, who required medical attention (see Sections 2.a. and 
2.b.).
    On December 13, in the Western Region town of Abontiakoon near 
Tarkwa, soldiers and policemen reportedly shot and wounded nine people 
in a middle-of-the-night raid, apparently in response to a peaceful 
demonstration earlier that day. The demonstration was to protest the 
closing of an underground mine that had provided income for much of the 
community's youth. Press reports state the men arrested were severely 
beaten, and some of them had not returned to their homes by the end of 
December. In addition, police and soldiers allegedly destroyed personal 
property and beat many other citizens. A curfew was imposed on the town 
and its electricity cut off. The Western Regional Security Council 
denied knowledge of any brutalities committed by security forces sent 
to keep order in the town.
    In mid-December, two youths were treated for gunshot wounds after a 
confrontation between police and youths in Zabzugu, in the Northern 
Region. The youths threw stones and created roadblocks to protest the 
District Chief Executive's (DCE's) alleged misuse of the district 
common fund. Security forces escorting the DCE attempted to disperse 
the demonstrators by throwing tear gas and firing warning shots. On 
December 24, the minister for the Northern Region established a 
committee to look into the situation.
    Police set up illegal barriers to elicit bribes from motorists (see 
Section 2.d.). There were credible reports that police abuse their 
authority by arresting citizens in exchange for bribes from detainees' 
disgruntled business associates and demanding that money before 
granting bail (see Section 1.d.). Police received a public trust rating 
of 49.6 percent in a survey released during the year. In March the IGP 
banned police from firing warning shots. He also warned the police 
against demanding money from suspects as a precondition of their 
release on bail. The IGP dismissed a constable who had been found 
extorting money randomly from drivers.
    A number of cases from 1998 remained open, with the implicated 
police officers suspended in most instances. The police officers 
involved in the November 2, 1998 shooting of two girls in an arrest 
attempt near Accra were dismissed from the police force. Police stated 
that the officers were performing an unauthorized action (which would 
not obligate the police to compensate the girls' families). Of the 
remaining detainees in the November 24, 1998 killing of 2 police 
officers in Ablekuma, 6 of the accused are pending trial, 6 were 
dismissed for lack of evidence, and 14 are still in remand.
    Reports continued of isolated incidents in which Accra Metropolitan 
Assembly (AMA) operatives known as the Chameleon Bombers, allegedly 
inflicted injury and destroyed property. However, the degree of 
violence decreased following media attention. The AMA officially 
dissolved the group in late 1998 following repeated public criticism, 
but continued to ``decongest'' vendors from the streets and destroy 
unauthorized structures. Kumasi, Ghana's second largest city, 
reportedly deployed a similar force called the Sanitation and 
Decongestion Tigers to eject unlicensed street vendors from city 
streets.
    ``Machomen'' and land guards, private security enforcers hired by 
citizens to settle private disputes and vendettas caused injury and 
property damage. The machomen are not legally constituted, but 
organized privately and operate outside the law. In both Accra and 
Kumasi, some were arrested following attacks on land developers but 
were not prosecuted.
    During the year, chieftancy disputes led to numerous injuries. Off-
duty soldiers reportedly took part in one clash (see Section 5).
    Prisons are in most cases very poorly maintained, and conditions 
are extremely harsh. In 1996 the CHRAJ published a report on prison 
conditions. It described prisons as unsanitary, overcrowded, and poorly 
ventilated. Prisoners are malnourished. Reports of the daily food 
allowance per prisoner vary. In July the Minister of Interior informed 
Parliament that the country's prisons, with a total capacity of 5,000, 
house some 8,000 inmates. The Minister also reported that there were 
about 90 mattresses and few beds for the approximately 700 prisoners at 
the Kumasi central prisons. Overcrowding contributes to a high 
prevalence of skin and other communicable diseases among prisoners. In 
April the prisoners' daily food allowance was raised from approximately 
$.41 (1,500 cedis) to about $.50 (1,800 cedis), bringing the total 
daily allowance to approximately $.83 (3,000 cedis), including housing, 
medical and clothing costs. Families still supplement prisoners' food 
and bribe prison guards for visitation rights. Prisoners also suffer 
from lack of medicine unless paid for or provided by the inmates or 
their families. The report concluded that prison conditions were ``a 
flagrant violation of the individual's fundamental human rights.'' The 
CHRAJ's findings and recommendations continued to generate much press 
coverage and some changes; however, while the Government concurred with 
the 1996 findings, it stated that lack of funding prevented further 
improvements. In spite of acontinued lack of funding, some improvements 
were made during the year: an increase in prisoners' food allowance and 
an amnesty to old and ill prisoners. Juveniles now more frequently are 
separated from the adult prison population. The Ghana Prisons Service 
Council has formed an assessment team to inspect facilities.
    The Prison Service Council, established in 1998, visited Central 
and Volta Region prison facilities in early 1999. Following these 
inspections, the council suggested that prison authorities adopt a more 
humane approach to dealing with prisoners. The Council identified the 
number of remand prisoners due to the courts' inability to hear cases 
promptly as the greatest problem facing the prison system. The Council 
also criticized health hazards (including poor sanitation) and the 
state of prison structures.
    While the CHRAJ has access to monitor the prisons, the Government 
resisted granting access to the press. In 1998 two journalists reported 
what they had experienced and observed during their 30-day 
incarceration. Inmates of the Sunyani Prison in the Brong-Ahafo Region 
demonstrated on September 2 to protest the alleged extortion of cash 
and seizure of food and belongings by some prison officials in the 
Central Region. Some suspects allegedly pleaded guilty in order to be 
sent to prison and leave the unsanitary conditions in the police remand 
cells. In a December 17 speech at a prison officers' graduation 
ceremony, President Rawlings stated that the Government is considering 
the introduction of parole, suspended sentences, and community service 
as a way to alleviate the overcrowding in prisons.
    NGO's are not given access to prisons.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention are problems. The Constitution provides for protection 
against arbitrary arrest, detention, or exile and states that an 
individual detained shall be informed immediately, in a language that 
the detained person understands, of the reasons for the detention, and 
of the right to a lawyer and to an interpreter, 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. Authorities do not routinely notify prisoners' 
families of their incarceration; such information is often obtained 
only by chance.
    The court has unlimited discretion to set bail, which can be 
prohibitively high. The court may refuse to release prisoners on bail 
and instead remand them without charge for an indefinite period, 
subject to weekly review by judicial authorities. The Constitution 
allows judicial authorities to hold citizens for up to 48 hours without 
filing charges against them. However, in practice it is common to 
remand a prisoner to investigative custody. The Constitution requires 
that a detainee who has not been tried within a ``reasonable'' time be 
released either unconditionally or subject to conditions necessary to 
ensure that he appears at a later date for court proceedings. In June 
the CHRAJ reported that there were a number of remand prisoners held 
for periods ranging from 1 week to 8 years. The Kumasi central prison 
had 338 in 1996-97. As of early July, about 23 percent, or 1,840 of the 
8,000 inmates nationwide, were remand prisoners.
    Despite the provisions of the law, abuses occur. Persons sometimes 
are detained for trivial offenses or on unsubstantiated accusations. 
Twenty suspects in the November 24, 1998, murder of two policemen in 
Ablekuma remained in custody without bail since December 1998. Four 
others were granted, but did not fulfill the requirements of, bail on 
December 12.
    The Government has not implemented any meaningful policy to reduce 
the numbers of pretrial detainees, although the independent press has 
called for reduction of harsh bail conditions for suspects who do not 
pose a threat to society. Many credible sources report that private 
citizens pay the police to arrest business associates in deals gone 
awry. The 1996 CHRAJ report on prison conditions recommended 
improvement in the administration of criminal justice, which currently 
denies many citizens their constitutional rights to be charged within 
48 hours, to have bail posted within the same period, and to a speedy 
trial. Similarly, in March the CHRAJ discovered that 10 Nigerian 
nationals, 2 Lebanese, and 4 Ghanaians were detained at the Osu police 
station for periods ranging from 1 to 5 weeks. No bail had been set, 
nor had the suspects appeared before court for allegedly committing 
various offenses, including immigration offenses. A farmer in the Volta 
Region has been in remand for 9 years. He is suspected of poisoning and 
killing another farmer, but has yet to be formally charged.
    In December the IGP warned policemen not to refuse to grant bail to 
suspects in order to settle personal scores and reminded police that 
the law is there to protect citizens and not to harass them. Lawyers 
for a former army sergeant accused in an alleged 1994 plot to overthrow 
the Government continued their appeal of an Accra High Court decision 
to retry him for treason. His original trial ended in 1996, but 
judgment was postponed because of the illness and subsequent death of 
one of the trial judges. The defendant has been in custody since 1994.
    In November, after a Muslim-Protestant conflict in the Central 
Region town of Agona Nyakrom, police arrested over 700 men and brought 
them to Accra for investigation (see Section 2.c.). Over 650 of them 
then signed bonds to be on good behavior. Thirty others, including a 
chief, were detained. The case still was pending at year's end. The 
Commissioner of the CHRAJ called for police to improve their ability to 
screen suspects at the scene of the crime rather than effect mass 
arrests.
    Rural women can be punished with banishment by traditional village 
authorities for teenage pregnancy or suspected witchcraft. The press 
reported that hundreds of women accused of witchcraft were sent to 
penal villages in the Northern Region by traditional authorities such 
as a shaman. In 1997 2 villages contained 400 elderly women, and 1 
village contained 2,000 women and family members, all sentenced by 
village authorities who claimed to have the power to divine witches. 
Although the women face no formal legal sanction if they leave, most 
fear that they would be beaten to death if caught outside the penal 
villages (see Section 5).
    The Presbyterian Church sponsored a ``go home'' project to 
reintegrate into society women accused of witchcraft and forced to live 
at the Gambaga ``witches'' village. A total of 55 of 200 such women 
have reunited with their families. The project also provided for loans 
to enable the liberated women to become more financially independent 
and to contribute to the well being of their families.
    The Government does not practice forced exile and encourages 
citizens, including dissidents, living abroad to return. Some former 
government and PNDC officials have returned and resumed careers and 
political activities.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the judiciary appears to be 
subject on occasion to executive influence. The Constitution allows the 
Government to nominate up to 15 members of the Supreme Court; 
confirmation is the responsibility of a Parliament currently dominated 
by the President's party. The Chief Justice is empowered to impanel the 
justices of his choice to hear cases. These provisions, along with a 
debilitating lack of resources, have called into question the court's 
role as a balance to the power of the executive branch and contributed 
to the perception that the judiciary is occasionally subject to 
executive influence.
    This perception was furthered by the judiciary's crackdown on 
members of the privately owned press in 1998. In late July, the courts 
incarcerated two journalists for 30 days and fined the publishers 
heavily, following a contempt-of-court case widely viewed as legally 
flawed. Two other journalists, with criminal libel lawsuits pending, 
had their passports seized under court order. An editor was jailed for 
9 days in another questionable contempt-of-court case in July 1998. All 
the affected journalists are known to be avowed opponents of the 
Government and aggressive in their highly personal criticism of the 
President and his family (see Section 2.a.).
    The integrity of the legal system is compromised by a severe lack 
of financial, human, and material resources. There were no official 
charges of corruption on the part of judges; however, in September a 
privately owned paper published an alleged report by the Serious Fraud 
Office that found evidence of malpractice in the awarding of contracts 
by the judicial service. In August 1998, the BNI reportedly questioned 
a judge, the chairman of an Accra regional tribunal, about allegations 
that he and his staff accepted a $9,000 bribe to grant bail for a 
Nigerian woman arrested for drug smuggling. He has not been charged. A 
1997 survey revealed that 66 percent of citizens believe that money 
influences the judicial system.
    The Constitution establishes two basic levels of courts: superior 
and lower. The superior courts include the Supreme Court, the Appeals 
Court, the High Court, and regional tribunals. Parliament may establish 
lower courts or tribunals by decree. The CHRAJ provides a forum to 
which citizens with grievances against government agencies or private 
companies can bring cases for mediation and settlement (see Section 4).
    The CHRAJ's charter provides for it to investigate alleged 
violations of human rights and take action to remedy proven violations. 
It continues to hold workshops to educate the public, traditional 
leaders, the police, and the military on human rights issues. It 
mediates and settles cases brought to it by individuals with grievances 
against government agencies or private companies.
    The Chieftaincy Act of 1971 gives village and other traditional 
chiefs power to mediate local matters and enforce customary tribal laws 
dealing with such matters as divorce, child custody, and property 
disputes. However, a number of laws passed during the PNDC era (1981-
92), as well as the 1992 Constitution, have eroded steadily the 
authority of traditional rulers and vested it in civil institutions, 
such as courts and district assemblies.
    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 anattorney (at public expense if 
necessary), and to cross-examine witnesses. In practice the authorities 
generally respect these safeguards.
    There were no reports of political prisoners. The trial of five 
defendants for allegedly plotting to overthrow the Government in 1994 
concluded. In February a special court sentenced four of the defendants 
to death after finding them guilty. The fifth defendant was acquitted 
for lack of evidence. Attorneys for the four condemned defendants 
appealed the judgment. A former army officer also alleged to be a part 
of the plot was arrested in Sierra Leone and flown to Ghana. He is in 
remand awaiting trial. At year's end, the defendants were still in 
prison and have appealed for a stay of judgment on the basis that the 
judgment was in error.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides that a person shall be free 
from interference within the privacy of his home, property, 
correspondence, or communication; however, this article has yet to be 
tested in court, and in practice the Government sometimes infringed on 
these rights. In April a combined municipal and military team 
demolished a private hotel in Accra, said to be blocking a drainage 
route. The owner of the hotel allegedly had fallen out with the ruling 
party prior to the demolition. The demolition occurred without due 
process. Although the law requires judicial search warrants, police do 
not always obtain them in practice. Observers assumed that the 
Government continued surveillance of citizens engaged in activities 
that it deemed objectionable, including monitoring of telephones and 
mail. Several opposition political activists reported being followed.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and in practice these provisions 
generally were respected, although the Government continued to pressure 
the media. Opposition political parties and others frequently criticize 
the Government, and the Government has allowed more control of print 
and electronic media to be transferred to the private sector. 
Nonetheless, the Government continued to pressure some journalists and 
media organizations, sometimes directly (e.g., through telephone 
calls), and increasingly by filing libel suits when it found coverage 
to be offensive. Consequently, some journalists exercised self-
censorship. The criminal libel laws provide for 10 years' maximum 
imprisonment for reporting intended to injure the reputation of the 
State. At year's end, there were an estimated 120 libel suits before 
the courts, some of which had been in progress for over a year. Two of 
the pending suits were criminal libel suits filed by the Government, 
and the rest were filed by government officials in their personal 
capacities or by private individuals. A civil libel case brought by the 
First Lady was resolved successfully by the National Media Commission. 
In November the editor of the Free Press was sentenced to 90 days in 
prison and a fine of approximately $460 in a criminal libel case 
involving allegations about the First Lady.
    There are more than a dozen newspapers including two government-
owned dailies, two government-owned weeklies, and several privately 
owned newspapers published weekly, biweekly, or triweekly. One of the 
government-owned dailies has national circulation. However, most 
newspapers circulate only in regional capitals, and many of the smaller 
private newspapers are available only in the capital. Some independent 
newspapers claim that they are unable to obtain advertising revenues 
due to government pressure on businesses.
    According to the National Communications Authority, Accra has 1 
government-owned and 12 private FM radio stations, and there are about 
40 private FM stations across the country. Most stations are 
independent and air a wide range of viewpoints. There are 12 regional 
television stations in Accra, Kumasi, and Takoradi, and one government-
owned station that broadcasts nationwide. There are six Internet 
service providers in the country.
    The Government-owned media occasionally reported charges of 
corruption or mismanagement in government ministries and government-
owned enterprises, but they rarely criticized the Government's policies 
or President Rawlings' activities. In the past, the Government 
occasionally disciplined or dismissed journalists working in 
government-subsidized media for articles deemed unacceptable. The 
Government ended subsidies to the state-owned publishing companies, and 
the newspapers are published by profit-making printing companies but 
these have not been privatized.
    In late October, a tape which appeared to implicate President 
Rawlings in several infamous extralegal actions of the predemocratic 
era, including murder, bombings, and arson, was published and broadcast 
by some private media. The Government denied the authenticity of the 
tape and arrested the journalists and publisher involved. The 
journalists were released on bail of approx. $3,000 (10.5 million 
cedis), and three of them, including an opposition Member of Parliament 
(the publisher), wereprovisionally charged with publication of false 
news. The private radio announcer who broadcast part of the audiotape 
was fired, allegedly for failing to abide by the station's procedures. 
By the end of the year, there had been no formal government 
investigations into the allegations on the tapes or prosecutions of the 
journalists.
    Some privately owned newspapers were harshly critical of the 
Government's policies and of President Rawlings, his wife, and his 
regime generally, and some reporters and editors were alleged, at 
times, to have failed to abide by professional ethical guidelines. 
Parties affected by such lapses--most often Government officials--
showed a tendency to go to court. The Government, government officials, 
and private individuals filed a record number of civil libel suits 
(over 120 before the courts), and one criminal libel suit remains in 
progress at year's end. The Government continued to prosecute two 
independent journalists under a rarely used sedition law for allegedly 
libeling President Rawlings and his wife, and, through them, the State. 
The trials, repeatedly postponed, were seen by many observers as a sign 
of press harassment. For example in July 1998, after being found in 
contempt of court, two newspaper editors were sentenced to 1 month's 
imprisonment and each publisher was fined approximately $4,350 (10 
million cedis) (see Section 1.e.). According to the Minister of 
Communications, the criminal libel law and other such laws simply check 
the excesses of journalists. The National Media Commission is 
researching comparative freedom of information (FOI) legislation with 
the intent to propose draft FOI legislation for the Government's 
consideration. This draft legislation had not been presented to the 
Government by year's end.
    In addition on November 11, after a 5-year libel trial, the editor 
of an independent paper, which had printed allegations against the 
First Lady, was sentenced to 90 days in prison. He was also fined 
approximately $460 (1.5 million cedis) for two counts of intentional 
libel. He was released on December 29 after serving his full term, 
including time in remand before his conviction and sentencing.
    The Government readily granted accreditation to foreign 
journalists. The British Broadcasting Corporation (BBC) and Radio 
France International (RFI) have full-time FM rebroadcasting stations in 
Accra, and several foreign radio broadcasts, including Voice of America 
(VOA), have part-time affiliations with local stations in several 
cities. Foreign periodicals were sold in Accra and other major cities 
and circulated freely even when they contained articles critical of the 
Government. Most citizens obtain their news from the electronic media, 
the VOA, and the BBC radio service. Several companies have cable 
orsatellite rebroadcasting stations that serve the country's three 
major cities.
    The Government again refused to launch an independent inquiry into 
the deaths of four demonstrators during a protest against government 
tax policy in May 1995 and in 1997 finally closed its case 
inconclusively (see Section 1.a.). Some of the privately owned media 
renewed calls for a thorough investigation on the anniversary of the 
incident.
    There was no restriction of academic freedom. Academics are allowed 
to publish and pursue research. The National Union of Ghanaian 
Students, one of the more vocal critics of the Government, is allowed 
to organize and hold meetings. However, in late 1997, following a 
serious student brawl, the public university in Accra imposed a ban on 
campus demonstrations, which remained in effect at year's end. In 
August students demonstrated against increased university fees, and 
police forcibly broke up the demonstration (see Sections 1.c. and 
2.b.).
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly, and the Government generally 
respects this right in practice. The Government does not require 
permits for demonstrations. Parliament passed a public order law in 
late 1994 requiring that all organizers of ``special events'' or 
``processions'' inform the police of their intentions at least 5 days 
in advance so that the police can institute precautionary measures. The 
law also provides for curfews and arrest without warrants in specified 
instances. In November a presidential aide called street demonstrations 
by registered political parties ``a provocative attempt to destroy the 
democratic order'' and ``a declaration of war on the national 
democratic order and an act totally against the national interest.'' 
Other government and ruling party officials echoed this view, as did 
other organized bodies who were widely believed to have done so at the 
Government's behest.
    The Government dissuaded two groups from demonstrating during the 
year. In the first case, a popular radio personality and comedian, who 
has been openly critical of both the Government and opposition, was 
pressured not to hold a ``million man march'' in Accra in October. This 
march was supposed to show male opposition to violence against women, 
following a spate of murders of women in an Accra neighborhood. 
Although the organizer provided the requisite advance notice, police 
had indicated they could not provide adequate security for the march. 
Earlier in October, an opposition Member of Parliament (MP) was 
implored not to organize a demonstration against the unsolved murders 
of women in her constituency. The MP settled for a press conference and 
a limited march within the immediate area rather than throughout Accra. 
However, shortly thereafter, the National Council on Women in 
Development staged a government-sanctioned demonstration on the same 
issue (see Section 5).
    In the second case, the Jubilee 2000 group (whose platform is debt 
forgiveness for developing countries) gave the greater Accra police the 
required 5 days' notice of their planned demonstration. The police 
denied them permission to demonstrate, stating that the police needed 
more time to investigate the Jubilee 2000 organization. Jubilee 2000 is 
considering legal action. The IGP later stated that the regional police 
command did not have the authority to refuse permission for the 
demonstration, which was scheduled at the end of a donors' meeting. In 
contrast demonstrations against those who publicized a tape alleging 
the President's role in several human rights abuses during the PNDC era 
(see Section 2.a.) occurred without the required 5 days' notice.
    On September 23, concerned citizens marched in Kumasi to protest 
the continued tenure of the Kumasi chief executive, who had allegedly 
ordered the assault on an opposition Member of Parliament and a 
district assemblyman. Police used tear gas, water cannons, and rubber 
bullets to disperse the crowd that threw objects at the police. There 
were several injuries but no fatalities.
    A joint opposition demonstration against alleged government 
mismanagement took place in Accra November 25, despite numerous calls 
to cancel the demonstration by government officials, local traditional 
leaders, and trade bodies, who reminded the planners of the fatal 
results of the 1995 anti-VAT demonstration. There were threats of a 
simultaneous counter-demonstration. In addition, the Government 
tightened security around the capital, in response to an alleged coup 
plot announced over the Internet for the following day. The 
demonstration took place without incident on a route announced by the 
police, but was sparsely attended. Organizers felt that government 
pressure had discouraged participants.
    The 1997 ban on campus demonstrations remained in effect, but was 
not enforced, at the public university in Accra. On August 13, police 
used water cannons and tear gas to disrupt an off-campus protest 
against increased university fees. Several injuries resulted from 
alleged police beatings (see Section 1.c.).
    The Constitution provides for freedom of association, and the 
Government generally respects this right in practice. NGO's arerequired 
to register with the Registrar General's office and the Department of 
Social Welfare, but this registration is routine.
    The Electoral Commission (EC) must accredit political parties. The 
parties must show evidence of a ``national character,'' such as 
official representation in all 10 of the country's regions. The EC 
evaluates whether the party has shown evidence of a viable national 
support base before granting accreditation and can annul the 
registration of a party that fails to meet the criteria for being a 
viable party. In July the EC certified a breakaway faction of the 
ruling party as a political party in its own right.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    Religious institutions that wish formal recognition are required to 
register with the Registrar General's Department. This is a formality 
only. Most traditional religions, with the exception of the Afrikania 
Mission, do not register. Formally recognized religions receive some 
tax relief. However, beyond a certain point the institutions are 
required to pay tax. In 1989 during the Provisional National Defense 
Council (PNDC) regime, which ruled the country from 1981 to 1992, a law 
requiring the registration of religious bodies was passed in an effort 
to regulate churches. The Ghana Council of Churches interpreted this 
law as contradicting the concept of religious freedom in the country. 
The PNDC repealed the law in 1992.
    About 35 percent of the country's estimated population of 18 
million are at least nominally Christian. Christian denominations 
include Roman Catholic, Methodist, Anglican, Mennonite, evangelical, 
Presbyterian, African Methodist Episcopal Zionist, Christian Methodist, 
Evangelical Lutheran, F'eden, numerous charismatic faiths, the Church 
of Jesus Christ of Latter-Day Saints (Mormons), Seventh-Day Adventist, 
Pentecostal, Baptist, and the Society of Friends. Christianity often 
includes an overlay of traditional beliefs.
    About 31 percent of the population adhere to traditional indigenous 
religions. These religions include a belief in a supreme being, 
referred to by the Akan ethnic group as Nyame or by the Ewe ethnic 
group as Mawu, and lesser gods who act as intermediaries between the 
supreme being and man on earth. Veneration of ancestors is also a 
characteristic, as they too provide a link between the supreme being 
and the living and may even be reincarnated at times. The religious 
leaders of those sharing these diverse beliefs commonly are referred to 
as priests and are trained in the arts of healing and divination. These 
priests typically operate shrines to the supreme deity or to one of the 
lesser gods, relying upon the donations of the public to maintain the 
shrine and for their own maintenance.
    About 27 percent of the population are Muslim. Three principal 
branches of Islam are represented in the country: the orthodox Sunnis 
and Tijanis, and the less orthodox Ahmadis. The Shi'a branch is 
virtually absent from the country's Islamic community.
    About 7 percent of the population practice other religions. This 
includes the Baha'i Faith, Buddhism, Judaism, Hinduism, Shintoism, 
Ninchiren Shoshu Soka Gakkai, Sri Sathya Sai Baba Sera, Sat Sang, 
Eckanker, the Divine Light Mission, Hare Krishna, Rastafarianism, and 
other international faiths, as well as some separatist or spiritual 
churches or cults, which include elements of Christianity and 
traditional beliefs such as magic and divination. Some consider the 
ethnic Ga tradition to be a religion.
    The followers of the more traditional religions mainly dwell in the 
rural areas of the country. Both Christians and Muslims live throughout 
the country.
    The Government lacks the resources to prevent seasonal clashes 
between traditionalists and some charismatic Christian churches and has 
not pursued suspects in such attacks (see Section 5).
    There is no state-favored religion and no apparent advantage or 
disadvantage attached to membership in any particular sect or religion. 
Foreign missionary groups generally have operated throughout the 
country with a minimum of formal restrictions.
    In November a dispute during a Central Region soccer game between 
an Islamic middle school and a Methodist middle school resulted in 
arson and other destruction of Muslim property (corn mills, livestock, 
approximately 100 houses, and 3 mosques) in the town of Agona Nyakrom. 
A group of youths also attacked Muslims in the area, including the 
headmaster of the Islamic school, who was severely beaten. Five people 
suffered gunshot wounds. Newspapers reported that as a result of the 
conflict large numbers of Muslims had moved out of the area (see 
Section 1.d.).
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights as an aspect of the provision for personal liberty, and the 
Government generally respects these provisions in practice.
    Citizens and foreigners are free to move throughout the country. 
Police checkpoints exist nationwide to prevent smuggling, but most are 
unmanned during daylight hours. There were numerous reports that police 
used checkpoints to solicit bribes. Citizen complaints about police 
harassment caused the Government to reduce the number of checkpoints 
from 125 to 38 in 1997 and to 31 by the end of 1998. Government 
roadblocks and car searches are a normal part of nighttime travel in 
larger cities. In February and August, taxi drivers struck in Koforidua 
to protest extortion by motor transport and traffic unit police. The 
police administration has admitted that the force has a problem with 
some members occasionally erecting illegal barriers to solicit bribes 
from motorists. Citizens are generally free to travel internationally 
and to emigrate or to be repatriated from other countries.
    The Government cooperates with the United Nations High Commissioner 
for Refugees (UNHCR) and other humanitarian organizations in assisting 
refugees, and the law conforms in all particulars to the 1951 U.N. 
Convention Relating to the Status of Refugees and its 1967 Protocol. 
Ghana has a liberal policy of accepting refugees from other West 
African nations. The Government provides first asylum. The country 
continued to provide first asylum to approximately 11,669 Liberians, 
1,046 Togolese, 902 Sierra Leoneans, 102 Sudanese, 28 Nigerians, and 22 
Rwandans. It also provided first asylum to citizens of: Ethiopia (7), 
Libya (6), Burundi (6), Congo Brazzaville (5), Cameroon (3), Burkina 
Faso (3), Somalia (1), Uganda (1), and the Democratic Republic of the 
Congo (1).
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government, and citizens exercised this right through a democratic 
process in presidential elections held in December 1996. The country 
continued its transition from a one-party state to a more established 
multiparty constitutional system. The political system includes 
recognized opposition parties, which express their views freely within 
Parliament.
    President Rawlings was reelected in 1996 for a final 4-year term 
with 57 percent of the popular vote. The NDC retained control of the 
200-member Parliament with 133 seats, while opposition parties took 67 
seats. The NDC fell one seat short of commanding the two-thirds 
majority required to amend the Constitution. Three seats were disputed, 
including those of two opposition members and one NDC member. The 
courts found in favor of one of the opposition members in 1998. The 
courts initially found in favor of another opposition member in July 
1997, but the NDC appealed the ruling, and the NDC MP continues to sit 
while the case is under appeal. In a third case, a high court found in 
favor of the NDC candidate in a Central Region constituency in November 
and ordered him to assume the parliamentary seat. A subsequent 
injunction blocked him from doing so. Attorneys for the opposition 
candidate sought a retrial before another judge, and the case was still 
pending at year's end. The opposition MP's vacating the seat would give 
the NDC a two-thirds' majority in parliament. Opposition members 
expressed frustration about impediments that the executive branch 
imposes by its refusal to support opposition amendments to proposed 
legislation. In two undisputed by-elections in March and May, voters 
elected Members of Parliament from the same parties as the previous 
incumbents. Parliament still is working to develop effective oversight 
of the workings of the executive branch. Although all Members of 
Parliament can introduce bills, not one has ever done so; however, some 
have introduced motions.
    In 1998 citizens elected representatives to the district assemblies 
and, for the first time, unit committees, which form the basis of the 
local government structure. Of the 16,000 units, elections still must 
be held in the 3,724 units that failed to produce a quorum of 
candidates in 1998. These elections were held on a nonpartisan basis, 
as called for in the 1992 Constitution. However, opposition groups 
contend that the local government system is stacked in favor of the 
ruling party, which appoints approximately one-third of the district 
assembly and unit committee members, as well as the district chief 
executives (DCE). DCE's must be confirmed by two-thirds of the district 
assembly members. In May police and military forces were highly visible 
in Kintampo in the Brong Ahafo Region the day the district assembly was 
to vote on a controversial nominee for the DCE. The presence of 
security forces may have influenced some district assembly members to 
vote in favor of the ruling party's nominee, despite an earlier 
petition by the chiefs and residents of Kintampo against the 
nomination.
    There are no legal obstacles to the participation of women in 
government; however, they constitute a small minority in government and 
politics. There are 19 female parliamentarians. Several ministers and 
Council of State members are women.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    NGO's interested in human rights continued to grow in strength, and 
there were 18 NGO's in the field at the end of the year. These NGO's 
operated without government interference (see Section 2.b.). The 
Government appears to cooperate with and to be responsive to human 
rights NGO's, with the exception of granting access to prisons (see 
Section 1.c.). Prominent NGO's include the Red Cross, Amnesty 
International, the International Federation of Woman Lawyers (FIDA), 
Women in Law and Development in Africa, and Ghanalert. The Government 
cooperates with international humanitarian organizations, including the 
International Committee of the Red Cross.
    Although not an NGO, the Commission on Human Rights and 
Administrative Justice's (CHRAJ) charter provides for it to investigate 
alleged violations of human rights and take action to remedy proven 
violations. The CHRAJ continues to hold workshops to educate the 
public, traditional leaders, the police, and the military on human 
rights issues. It mediates and settles cases brought to it by 
individuals with grievances against government agencies or private 
companies.
    Parliament established the CHRAJ in 1993. By 1996 the CHRAJ had 
received a total of 12,409 petitions in its offices around the country 
and completed action on over 8,775. Forty percent of the cases were 
resolved through mediation. On average, the CHRAJ receives between 
4,000 and 5,000 new petitions a year, steadily increasing each year. 
The majority of the complaints lodged with the Commission were from 
those who believed that they suffered injustice as a result of abuse of 
power, unfairness, and high handedness.
    In October 1996, the Commission concluded its lengthy corruption 
probe of high government officials. The Commission's report, which 
detailed adverse findings against three public officials and exonerated 
a fourth, evoked an aggressive government rebuttal and a questioning of 
the scope of the CHRAJ's mandate that finally led the CHRAJ to request 
in 1996 a Supreme Court interpretation of its rights and 
responsibilities.
    In 1997 the Government issued a white paper rejecting some of the 
adverse findings against the three government officials in the CHRAJ 
report and recommended that the Attorney General investigate the 
CHRAJ's rights and responsibilities. The CHRAJ issued a rebuttal to the 
white paper. In 1998 the Supreme Court decided in favor of the 
Commission concerning its right to investigate matters preceding the 
1992 Constitution; however, the Court ruled that the Commission did not 
have jurisdiction to investigate property confiscated by the special 
courts or tribunals during the rule of the Armed Forces Revolutionary 
Council (AFRC), the military force that staged President Rawlings' 
first coup, and during the PNDC period.
    The CHRAJ continues to investigate corruption allegations filed 
against public officials. In 1997 the CHRAJ issued a report on its 
investigations at the ``witches'' camps in the Northern Region. The 
report detailed the living conditions of the women in the camps and 
proposed their reintegration into society, involving an educational 
campaign in conjunction with the Center for National Culture and the 
House of Chiefs. The Commission also has provided periodic updates to 
various sections of its report on prison conditions.
    The Commission operates with no overt interference from the 
Government. Its biggest obstacle is a lack of adequate funding. Low 
salaries and poor working conditions result in the loss of many CHRAJ-
trained personnel to other government agencies that are able to pay 
their employees more. In late 1998, the Commission submitted a petition 
on this matter to the Government and had not received a response by the 
end of 1999.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination on the basis of race, 
sex, religion, disability, language, or social status. The courts are 
empowered specifically to order enforcement of these prohibitions, 
although enforcement by the authorities is generally inadequate, in 
part due to limited financial resources.
    Women.--Violence against women, including rape and domestic 
violence, remains a significant problem. A 1998 study revealed that 
particularly in low-income, high-density sections of greater Accra, at 
least 54 percent of women have been assaulted in recent years. A total 
of 95 percent of the victims of domestic violence are women, according 
to data gathered by the International Federation of Women Lawyers 
(FIDA). These abuses usually go unreported and seldom come before the 
courts. The police tend not to intervene in domestic disputes. However, 
1998 legislation doubled the mandatory sentence for rape. The media 
increasingly report cases of assault and rape. In late 1998, the police 
administration established a ``women and juvenile unit'' to handle 
cases involving domestic violence, child abuse, and juvenile offenses. 
In the first quarter of the year, this unit recorded199 cases, 
including 30 assaults on women and 9 rapes. Located in Accra, the unit 
works closely with the Department of Social Welfare, FIDA, and the 
Legal Aid Board. In late 1998, a series of ``mysterious'' murders of 
women began to occur in the Mateheko area of Accra. Three of the 20 
murders reportedly involved husbands' suspicion of their wives' 
infidelity. The men subsequently were arrested but not convicted. On 
several occasions, women of Accra demonstrated in a concerted effort to 
attract attention to violence against women (see Section 2.b.).
    In 1998 Parliament passed legislation that amended the 1960 
Criminal Code to provide additional protection for women and children. 
The legislation added new definitions of sexual offenses and 
strengthened punishments for others. The provisions of the bill ban the 
practice of ``customary servitude'' (known as Trokosi), protect women 
accused of witchcraft, double the mandatory sentence for rape, raise 
the age of criminal responsibility from 7 years to 12, criminalize 
indecent assault and forced marriages, and raise punishments for 
defilement, incest, and prostitution involving children. In August the 
Cabinet endorsed the Government's proposal to appoint women to 40 
percent of public office positions.
    In January the CHRAJ announced its decision in the country's first 
sexual harassment case, involving a flight attendant for a private 
airline and her immediate supervisor. The CHRAJ determined that the 22-
year-old attendant was terminated for her refusal to submit to her 
supervisor's sexual advances over a 10-month period. The CHRAJ awarded 
her compensation for legal costs. The company's chief executive, 
however, did not comply with the terms of the decision, and in December 
the CHRAJ went back to court to seek enforcement of the judgment.
    Rural women can be punished with banishment by traditional village 
authorities for teenage pregnancy or suspected witchcraft. The press 
reported that hundreds of women accused of witchcraft were sent to 
penal villages in the Northern Region by traditional authorities, such 
as a shaman. In 1997 2 villages contained 400 elderly women, and 1 
village contained 2,000 women and family members, all sentenced by a 
village authority who claimed to have the power to divine witches. 
Although the women face no formal legal sanction if they leave, most 
fear that they would be beaten to death if caught outside the penal 
villages (see Section 1.a.). Forced labor also occurs at the camps for 
women accused of witchcraft. Legislation passed in 1998 provides some 
additional protection to women banned from their communities for 
alleged witchcraft. The CHRAJ and human rights NGO's are mounting a 
campaign to end this traditional practice, which violates the victims' 
constitutional rights. The challenge lies not only in persuading 
custodians of the witches' homes to abolish the practice, but also in 
educating the community so the women will be allowed to return safely 
to their homes. In 1998 FIDA had persuaded custodians to abolish the 
Gambaga witches home in the Northern Region, contingent on the 
performance of ``exorcism'' rites and payment of accommodation and 
discharge fees. However, a few months later, there was an increase in 
the number of alleged witches banished to the home, largely due to the 
communities' belief that these women were responsible for an outbreak 
of cerebrospinal meningitis which claimed many lives in the region.
    Women continue to experience societal discrimination. Women in 
urban centers and those with skills and training encounter little overt 
bias, but resistance to women entering nontraditional fields persists. 
Only about one quarter of university students are women, although 
women's enrollment is increasing. Women, especially in rural areas, 
remain subject to burdensome labor conditions and traditional male 
dominance. Traditional practices and social norms often deny women 
their statutory entitlements to inheritances and property, a legally 
registered marriage (and with it, certain legal rights), and the 
maintenance and custody of children.
    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 also is active in educational programs, and 
the President and First Lady are among the most outspoken advocates of 
women's rights. However, a presidential aide spoke out against anti-
Trokosi activists as being insensitive to indigenous cultural and 
``religious'' beliefs and practices.
    Children.--Within the limits of its resources, the Government is 
committed to protecting the rights and welfare of children. There is 
little or no discrimination against female children in education, but 
girls and women frequently drop out of school due to societal or 
economic pressures. The Government actively campaigns for girls' 
education and in 1997 established a girls' education unit within the 
basic education division of the Ghana Educational Service. Although the 
percentages of girls enrolled in school increased from 1996, 
participation is still low. Statistics for 1995 (the most recent 
available) show that from grades 1 to 6, 46 percent of pupils are 
girls; from grades 7 to 9, this drops to 43 percent. In grades 10 to 
12, girls drop to 36 percent of students, and at the university level 
to 23 percent. Enrollment of women at the university level has 
increased by 5 percent from 1993 to 1998.
    A 1997 country report by the Ghana National Commission on Children 
further substantiated the gap between enrollment of boys and girls, 
particularly at the high school level. In the eight districts examined, 
there were 22,418 boys and 14,318 girls enrolled at the high school 
level. In the report, officials attribute the lower female enrollment 
to the fact that many girls marry early or become pregnant.
    There are several traditional discriminatory practices that are 
injurious to the health and development of young females. In 
particular, female genital mutilation (FGM), which is widely condemned 
by international health experts as damaging to both physical and 
psychological health, is a serious problem. According to one study, as 
many as 30 percent of women may have undergone this procedure. Most 
observers believe 15 percent to be more likely. A Ministry of Health 
survey conducted between 1995 and 1998 found that FGM is practiced 
among nearly all the northern sector ethnic groups. Officials at all 
levels have spoken out against the practice, and local NGO's are making 
some inroads through their educational campaigns to encourage 
abandonment of FGM and to retrain practitioners. There were no reports 
of arrests in 1999. Five persons reportedly were arrested in 1998 for 
practicing FGM. One woman was arrested for performing FGM on two 
teenage girls in the Upper East Region. Another practitioner was jailed 
for performing FGM on three teenage girls. Two individuals were 
arrested for FGM involving five girls in the Upper East Region. In 
another case, a 60-year-old woman was arrested for performing FGM on 8 
girls. In almost all of the cases, the victims actively sought out the 
practitioners, sometimes without their parents' knowledge, in a quest 
to become ready for marriage. Two practitioners were sentenced to a 
total of 8 years of hard labor.
    Members of the legal community advocate legislation to close 
loopholes in the FGM law, including extending culpability to family 
members and others who aid in carrying out FGM and to Ghanaians who 
commit the crime outside the country's borders. Any person who conceals 
information about an instance of FGM would be liable. In addition, FGM 
would be banned no matter how medically safe the procedure is made--
dispelling a belief by some that FGM is acceptable as long as the 
girls' health is protected. Traditional chiefs became more outspoken in 
their opposition to the practice of FGM.
    Although the Constitution prohibits slavery, it exists on a limited 
scale. Trokosi, a traditional practice found among the Ewe ethnic group 
and in part of the Volta Region, is an especially severe abuse and a 
flagrant violation of children's and women's rights. It is a system in 
which a young girl, usually under the age of 10, is made a slave to a 
fetish shrine for offenses allegedly committed by a member of the 
girl's family. In rare instances, boys are offered. The belief is that, 
if someone in that 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 property of the fetish priest, must work on the 
priest's farm, and perform other labors for him. Because they are the 
sexual property of the priests, most Trokosi slaves have children by 
them. Although the girls' families must provide for their needs such as 
food, most are unable to do so. There are at least 2,510 girls and 
women bound to various shrines in the Trokosi system, a figure that 
does not include the slaves' children. Even if released, generally 
without skills or hope of marriage, a Trokosi woman has continued 
obligations to the shrine for the duration of her life. When the fetish 
slave dies, the family is expected to replace her with another young 
girl for the fetish shrine.
    In 1998 Parliament passed legislation that banned the practice of 
Trokosi in comprehensive legislation to protect women and children's 
rights. Human rights activists believe that the goal of eradicating the 
Trokosi practice is achievable with the new law. NGO's, such as 
International Needs, and government agencies, like the CHRAJ, have been 
campaigning against Trokosi for several years and are familiar with the 
locations of the fetish shrines and the numbers of women and children 
enslaved. Activists know the community leaders and fetish priests and, 
thus, know with whom to negotiate. The CHRAJ and International Needs 
have had some success in approaching village authorities and fetish 
priests at over 116 of the major and minor shrines, winning the release 
of 2,190 Trokosi slaves to date and retraining them for new 
professions. The organizations continue to work for additional 
releases.
    There were reports that trafficking in children occurred, including 
children being sold into slavery either for forced labor or sexual 
exploitation (see Sections 5, 6.c., and 6.f.).
    Another traditional practice that violates the rights of children 
is forced childhood marriage, which became illegal under the Children's 
Act.
    Child prostitution, although illegal, also exists.
    People with Disabilities.--The Constitution specifically provides 
for the rights of the disabled, including protection against 
exploitation and discrimination. In practice the disabled are not 
discriminated against in any systematic or overt manner. The 
Constitution alsostates that ``as far as practicable, every place to 
which the public has access shall have appropriate facilities for 
disabled persons.'' However, in practice this provision has yet to be 
implemented.
    Religious Minorities.--Tension arose between ethnic Ga 
traditionalists and members of some charismatic churches over the 
annual ban on drumming and noise-making by those Christian churches 
prior to the Ga Homowo (harvest) festival. Traditionalists believed 
that their time-honored customs should be accorded due respect, while 
some Christians resented the imposition of taboos, which they believed 
infringed on their right to worship. The Government advocated mutual 
coexistence and understanding and alerted the population that police 
resources were insufficient to protect all churches during the several-
week ban on drumming. No suspects were charged following attacks on 
three churches in 1999 and one church in 1998.
    On May 15, a group of men allegedly hired by the Ga traditional 
council entered the Living Light Ministry at Darkuman-Nyamekye in Accra 
during a worship service and began forcibly to remove music equipment. 
Some members of the congregation recognized individuals in the group 
and pleaded with them to leave the equipment, which they eventually 
did. There were no casualties.
    On May 29, a group of heavily armed men identified as Ga Wulome 
council guards disrupted services at the Mount Zion prayer center at 
Abeka in Accra, wounding five members of the congregation. They stole 
the church's collection for the day and vandalized the church facility.
    On May 30, a group of armed men attacked worshippers at the Odorkor 
branch of the Apostolic Faith mission in Accra. One member of the 
congregation was knocked unconscious and several others sustained minor 
injuries. The attackers seized musical equipment and allegedly stole 
money from members of the congregation. Police were called but did not 
respond, claiming that they were guarding other churches. At mid-year 
the committee of inquiry concluded its report on the May 1998 attack on 
the Lighthouse chapel. The report called for greater dialog between 
communities holding divergent beliefs.
    National/Racial/Ethnic Minorities.--Although the Government plays 
down the importance of ethnic differences, its opponents occasionally 
complain that it is dominated by the Ewe ethnic group from the eastern 
part of the country. The President and some of his close advisers are 
Ewe, but most ministers are of other ethnic origins. In the 1997 
International Foundation for Electoral Systems report on public 
opinion, 25 percent of the respondents said that they felt 
discrimination because of their tribal origins.
    During the year, there were several violent confrontations between 
and within ethnic groups related to chieftaincy issues, particularly 
those of succession and land. In January a chieftancy dispute in Juaso 
in the Ashanti Region resulted in the death of a policeman, several 
injuries, the burning of the police station and the arrest of over 60 
persons (see Section 1.a.).
    In February a decades-old chieftancy dispute between two Volta 
region ethnic groups (Guans and Akans) led to a violent clash over the 
deaths and subsequent funerals of their respective chiefs and their 
actual burial sites. Two persons lost their lives and six were injured. 
Elders from both factions were arrested and detained and await 
prosecution.
    On August 4, two factions clashed in a chieftancy dispute in 
Teshie, a suburb of Accra. At least five persons sustained gunshot 
wounds and one person was stabbed. One chief's residence was set afire. 
Property worth tens of thousands of dollars was destroyed. At immediate 
issue was which faction has the authority to perform customary rites to 
usher in the celebration of the ethnic Ga Homowo festival, a festival 
thanking the gods for providing food during the year. Since the 1995 
death of the former chief, both factions had claimed to be the 
legitimate heir. The dispute currently is pending before the Ga 
traditional council.
    A similar incident occurred on August 7 at Oshiye in the Ga 
district of Accra. Six civilians and two army officers were injured. 
One of the factions reportedly was led by an off-duty army sergeant, 
who, according to one report, enlisted the aid of over a dozen well-
armed, off-duty soldiers, who clashed with inhabitants. The case is 
before the courts.
    In 1994-95, an estimated several thousand citizens died in the 
north in a conflict driven by chieftancy and land issues dating from 
precolonial times. In 1998 a potential flare-up was averted following 
the murder of a member of one ethnic group by a member of another 
ethnic group.
    In 1995 the Government created a permanent negotiating team made up 
of religious leaders, NGO representatives, Council of State members, 
and other interested parties to help resolve the continuing tensions 
between the Konkomba and other ethnic groups in the north. The 
Permanent Peace Negotiating Team (PPNT) is a facilitative body whose 
primary purpose is to mediate disputes.
    In 1996 a series of highly publicized ``peacemaking'' ceremonies 
were held at which tribal leaders pledged to solve their differences 
through negotiations. In 1997 in response to reports of latent 
insecurity, the PPNT extended its activities to some northern parts of 
the Volta Region and supervised a peace accord among all parties to the 
conflict there. Since 1997 there have been organized seminars and 
workshops designed to promote dialog between two feuding factions. The 
Government has a ban on firearms in the Northern Region and northern 
part of the Volta Region. Government officials, Members of Parliament, 
and other prominent opinion leaders regularly call for peaceful 
coexistence. In February after 14 years of animosity, the Bimobas and 
the Konkombas of the East Mamprusi District of the Northern Region held 
a pacification and reconciliation ceremony. In August the Northern 
Region Youth and Development Association, an umbrella group of all the 
ethnic groups in the area, organized a workshop on building peace at 
the grassroots level.
    In January two factions of Kumasi's ethnic Moshie community signed 
a peace agreement at the behest of the then-regional minister. However, 
the long-standing dispute resurfaced on December 24 after the Supreme 
Court had ruled on the Moshie leadership issue December 15. One man 
died from a stab wound and another was injured.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for freedom 
of association. This right is restricted formally, as the Trades Union 
Ordinance confers broad powers on the Government to refuse to register 
a trade union; however, the Government has not interfered with the 
right of workers to associate in labor unions and has encouraged 
pluralism in labor organizations. The Industrial Relations Act (IRA), 
initially enacted in 1958 and amended in 1965 and 1972, governs trade 
unions and their activities. A draft labor law, which is scheduled to 
be presented to Parliament in 2000, is designed to reconcile 
contradictory and outdated labor laws and conform to ILO standards. The 
percentage of workers belonging to unions appears to be decreasing from 
9 percent in 1998 as more of the workforce enters the informal sector 
where there is no union activity. In August the Ghana Federation of 
Labor (GFL) was inaugurated. The GFL is intended to serve as an 
umbrella organization for several other labor unions, which were either 
previously part of or not encompassed by the Trades Union Congress 
(TUC), the original federation. The TUC, the largest labor organization 
in the nation, consists of 17 national unions.
    Led by experienced union leaders, the TUC has been a vocal and 
constructive critic of the Government's economic policies when it felt 
it to be necessary. Civil servants have their own union, the Civil 
Servants Association, which operates outside of the TUC umbrella.
    The law recognizes a right to strike, but there have been no legal 
strikes since independence. Under the IRA, the Government established a 
system of settling disputes, first through conciliation, then through 
arbitration. A union may call a legal strike if the Government does not 
call for formal arbitration. However, no union has ever gone through 
the complete process. There were numerous unsanctioned strike actions 
during the year, none of which met the requirements for a legal strike 
detailed in the IRA. The IRA prohibits retribution against strikers, 
and this law is enforced. The Government convened a committee to 
investigate reports that a gold-miners' strike in May was instigated by 
persons not employed by the mine. The committee completed its report in 
September, but the conclusions were not made public by year's end.
    Unions have the right to affiliate with international bodies. The 
TUC is affiliated with the Organization of African Trade Union Unity 
headquartered in Accra and is also a member of the International 
Confederation of Free Trade Unions.
    b. The Right to Organize and Bargain Collectively.--The IRA 
provides a framework for collective bargaining and some protection 
against antiunion discrimination. Trade unions engage in collective 
bargaining for wages and benefits for both private and state-owned 
enterprises without government interference. However, the Government, 
labor, and employers negotiate together 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 is legislation that authorizes export processing zones 
(EPZ's), and a few EPZ's are in operation. Existing labor law applies 
in any EPZ, including the right to organize.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits slavery, and the law also prohibits forced or bonded labor, 
including that performed by children; however, at least 2,510 women and 
girls are bound to shrines through the localized Trokosi system (see 
Section 5). Forced labor also occurs at the camps in the north for 
women accused ofwitchcraft (see Section 5). Apart from the Trokosi 
system, it is difficult to determine the extent to which forced or 
bonded labor by children is practiced. There have been newspaper 
reports of children being sold into slavery for either sexual 
exploitation or labor, such as 10- to 12-year-old boys toiling in the 
service of fisherman in exchange for a yearly remittance to their 
families. A June report described this practice as rampant in 156 
fishing villages along the Afram River and settlements along the Volta 
Lake in the Afram plains (see Section 6.f.). 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. Status of Child Labor Practices and Minimum Age for 
Employment.--Labor legislation sets a minimum employment age of 15 
years and prohibits night work and certain types of hazardous labor for 
those under 18 years of age. 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. An ILO 
survey conducted in three rural districts between 1992 and 1993 
concluded that 11 percent of school age children were employed for 
wages and another 15 percent work without remuneration (see Section 
6.f.). The migration of children from rural to urban areas is 
increasing, due to economic hardship. Children are driven to the 
streets to fend for themselves, increasing child labor and the school 
dropout rate. Another ILO study in 1992 and 1993 found that almost 90 
percent of the surveyed street children in Accra did not attend school. 
Observance of minimum age laws is eroded by local custom and economic 
circumstances that encourage children to work to help support their 
families. A 1996 ILO survey revealed that the economic activity of more 
than 75 percent of children between ages 5 and 14 takes place in the 
context of a family enterprise.
    In late 1998, the President signed into law legislation to provide 
additional child labor protection and strengthen the punishment for 
violators under a comprehensive children's act. The act incorporates 
the existing labor legislation's minimum age for employment and 
prohibitions on night work and hazardous labor. In addition, the 
legislation allows for children age 15 years and above to have an 
apprenticeship whereby the craftsmen and employers have the obligation 
to provide a safe and healthy work environment along with training and 
tools. Fines and imprisonment for violators are increased considerably. 
The Government has also presented ILO Child Labor Convention 182 
(concerning the Elimination of the Worst Forms of Child Labor) to the 
Cabinet for approval.
    The law prohibits forced or bonded labor, including that performed 
by children; however, at least 2,510 women and girls are bound to 
shrines through the Trokosi system (see Section 6.c.).
    Officials only occasionally punish violators of regulations that 
prohibit heavy labor and night work for children. Inspectors from the 
Ministry of Labor and Social Welfare are responsible for enforcement of 
child labor regulations. They visit each workplace annually and make 
spot checks whenever they receive allegations of violations.
    e. Acceptable Conditions of Work.--In 1991 minimum standards for 
wages and working conditions were set by a tripartite commission 
composed of representatives of the Government, labor, and employers. In 
June the daily minimum wage increased from about $.55 (2,000 cedis) to 
about $.80 (2,900 cedis), but is still insufficient to provide a decent 
standard of living for a single wage earner and family. Furthermore, 
there is widespread violation of the minimum wage law. In most cases, 
households have multiple wage earners, and family members engage in 
some family farming or 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. In 
July the Government began compensating extra duty hours only for 
overtime actually worked, in accordance with labor equity, rather than 
as an automatic salary supplement.
    In 1996 Spintex workers filed petitions with the CHRAJ, the 
Ministry of Employment and Social Welfare, and the Department of Labor 
concerning working hours. They have withdrawn the case from 
administrative review and, instead, taken the case to court. Hearings 
were in process at the end of 1997, but no decision has been made. 
There were no known developments in this case during the year.
    Occupational safety and health regulations exist, and the Labor 
Department of the Ministry of Health and Social Welfare occasionally 
imposes sanctions on violators. However, safety inspectors are few 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, although they rarely exercise this 
right.
    f. Trafficking in Persons.--There are no laws that specifically 
address trafficking in persons.
    Trafficking in persons reportedly occurred. Its most common form 
involved teenage girls from the rural areas being sent by relatives to 
work in the cities as housemaids for little remuneration. Often a 
guarantee is given that after several years' service, the housemaid 
will be sponsored to train in dressmaking or hairdressing. However, 
often an excuse is found to fire the housemaid before such 
apprenticeship begins. Over 100 boys were reportedly contracted out to 
Lake Volta fishermen (see Sections 6.c. and 6.d.). There were also 
reports of children abducted to work either in the country or in 
neighboring countries. Women were lured into prostitution in Cote 
d'Ivoire and Togo, as well as Germany and the Netherlands. Citizens 
were reportedly lured to the Middle East, particularly to Lebanon, to 
work illegally in menial jobs. Traffickers in persons of other 
nationalities also reportedly used Accra as a transit point to Europe.
                                   ____
                                 

                                 GUINEA

    Guinea is a constitutional republic in which effective power is 
concentrated in a strong presidency. President Lansana Conte has ruled 
since 1984, when he led the only successful coup d'etat in the 
country's history, first as head of a military junta, and since 1994 as 
a civilian president elected in 1993. Guinea held its first multiparty 
legislative elections in 1995, delivering more than 60 percent of 
National Assembly seats to President Conte's Party of Unity and 
Progress (PUP). The PUP is one seat short of the number required to 
amend the Constitution. Although the PUP continues to dominate all 
three branches of government, opposition parties have on occasion 
persuaded PUP Members of Parliament, including the National Assembly 
leadership, to vote with the opposition on specific legislative 
matters. Conte won a second 5-year term in a December 1998 election 
that was marred by violence and civil unrest before and after election 
day, widespread and diverse irregularities that tended to favor the 
incumbent, and the arrest and detention of major opposition candidates 
during the vote-counting process. Nevertheless, the election was much 
more transparent and fair than the 1993 election. In the 1998 
presidential election, the Government continued to dominate the 
electoral process and did not create an independent electoral 
commission as initially demanded by both opposition parties and ruling 
party dissidents; instead, it struck a compromise with the opposition 
and formed a High Council for Electoral Affairs, composed of 
representatives from many parties, but with authority limited to local 
vote counting and the transmission of results. A disproportionate 
number of public sector positions, including senior military and 
cabinet posts, are held by members of the President's own minority 
ethnic group, the Soussou. The judiciary is subject to executive 
influence, particularly in politically sensitive cases.
    The gendarmerie and the national police share responsibility for 
internal security and sometimes play an oppressive role in the daily 
lives of citizens. Members of the elite Presidential Guard are 
accountable to almost no one except the President. Members of the 
security forces frequently committed human rights abuses.
    About 85 percent of the country's population of 7.1 million engage 
in subsistence agriculture. Annual recorded per capita gross domestic 
product (GDP) was about $540 in 1997. More than 80 percent of export 
earnings come from mining, particularly bauxite, gold, and diamonds. 
Other exports include coffee and fruit. There has been modest economic 
growth in recent years, due in part to substantial assistance from 
international financial institutions. However, growth continued to be 
hindered by widespread corruption and limited but increasing 
transparency in government; in particular, corruption at the port and 
customs offices hampers effective collection of nonmining receipts.
    The Government's human rights record was generally poor; although 
there were some improvements in a few areas, serious problems remained 
in many others. The Government's tight and sometimes partisan control 
of the electoral process, both in the 1998 presidential election and 
for upcoming local and national legislative elections, its refusal to 
create an independent electoral oversight mechanism, and its 
prohibition of nongovernmental broadcast media, reflectively restricted 
citizens' right to change their government. Major human rights abuses 
include: Extrajudicial killings; disappearances; use of torture by 
police and military personnel; police abuse of prisoners and detainees; 
inhuman prison conditions and frequent deaths due to these conditions 
and lack of medical care; and prolonged pretrial detention. Members of 
the security forces committed abuses with impunity. There was arbitrary 
arrest and detention. The Government failed to ensure access by 
attorneys to clients in prison, maintained the executive branch's 
influence over the judicial system and the electoral process and 
infringed on citizens' privacy rights. The Government restricted 
freedom of speech and of the press. The private print press criticized 
the Government, but the Government continued to monopolize the 
broadcast media, including radio, the most important medium of mass 
communication. The Government imposes cumbersome requirements for 
official recognition on associations, and infringes on freedom of 
movement. Other major human rights abuses included: Restrictions on 
freedom of assembly; violence and societal discrimination against 
women; prostitution and genital mutilation of young girls; ethnic 
discrimination and interethnic violence; child labor; and vigilante 
actions by victims or others.
    Rebels from Sierra Leone and armed attackers from Liberia committed 
a number of killings and other abuses, including the burning of homes.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and other Extrajudicial Killing.--Security forces 
committed fewer killings than the previous year. On October 11, 
security forces killed two students when using unauthorized lethal 
force to bring a violent protest over an increase in gasoline and 
transportation prices under control. During the year there were fewer 
violent riots and instances of government overreaction, compared with 
1998.
    In December 1998, a soldier posted at Camp Alpha Yaya near Conakry 
died of injuries sustained in a beating ordered by his battalion 
commander, Panival Sama Bangoura, to punish him for having tried to 
vote outside the camp. Bangoura was reprimanded, and, on June 22, was 
transferred from the capital to Kankan, where he is chief of the third 
military region. A woman died of injuries inflicted by members of the 
security forces during suppression of riots after the soldier's body 
was returned to his hometown, Labe (see Section 3). Deaths in custody 
due to inhuman prison conditions and inadequate medical treatment 
remained frequent (see Section 1.c.).
    In 1998 security forces clashed with residents of Conakry's Ratoma 
section during riots over the Government's destruction of illegally 
constructed buildings that left 100,000 persons homeless, mostly 
members of the Puhlar ethnic group (see Section 5). One gendarme and 8 
civilians were killed; 40 persons were injured, and 59 were arrested, 
including 3 members of the National Assembly (see Sections 1.c. and 
1.d.). Of those arrested, 24 subsequently were tried and sentenced to 
prison terms and fines. However, by early 1999, all of the persons 
imprisoned in connection with these riots had been released.
    In late 1998, government officials used excessive force and killed 
a number of persons both in suppressing opposition party political 
rallies before the December 14 presidential election and in suppressing 
antigovernment demonstrations, riots, and interethnic violence in the 
wake of the election. On November 28, 1998, Jean Traore, subprefect of 
Banian in the southeastern region, shot and killed one man and wounded 
two other persons while attempting to disperse a gathering of 
supporters of the Rally of the Guinean People (RPG), an opposition 
party. Persons in the crowd then beat and killed Traore. Shortly after 
the election, members of the security forces reportedly shot and killed 
two RPG supporters in the largely pro-RPG town of Siguiri.
    A mutiny by rebellious soldiers in February 1996 resulted in 
between 30 and 50 civilian deaths. In the subsequent trial of 30 to 40 
alleged mutineers (March-August 1998), all defendants were given a 
chance to present their responses to government charges and were 
sentenced in October 1998 (see Section 1.e.). On March 22, 31 soldiers 
accused of participation in the mutiny were discharged from military 
service.
    Government authorities continued to block efforts by human rights 
groups and NGO's to investigate political killings that took place in 
the 1970's under then-President Sekou Toure. However, NGO's 
representing the victims who died in Camp Boiro, the Conakry Prison 
where hundreds of political prisoners and intellectuals were detained 
or killed under the Toure regime, successfully walled off a cemetery in 
November 1998 to protect victims' burial plots from urban encroachment.
    In December 1998, at the climax of the presidential election 
campaign, between four and six persons reportedly died during violence 
in Conakry between members of the Soussou, Puhlar, and Malinke ethnic 
groups (see Section 3).
    Sierra Leonean rebels killed a number of civilians and members of 
the security forces in crossborder raids during the year, as they had 
done in 1998. Rebels from Sierra Leone killed two Guineans and 
seriously wounded eight in an April 19 attack on the border village of 
Mola, prompting villagers to blame and burn an adjacent refugee camp. 
On May 13, Sierra Leonean rebels killed two Guineans in the village of 
Dinde, near Forecariah. On May 25, rebels attacked the village of 
Tassine, killing four civilians and two soldiers, abducting five 
persons, and mutilating others. Despite a May 24 cease-fire in Sierra 
Leone, Sierra Leonean rebels again attacked Mola on May 25; they killed 
seven civilians and one soldier, cut off the arms or hands of at least 
five civilians, and abducted others. On September 10, armed attackers 
from Liberia killed 31 civilians in villages in Macenta prefecture. The 
Government blamed the Liberian Government for the attack, but the 
Liberian Government denied responsibility.
    Many victims of crime fear that they may never receive justice 
because of judicial corruption and may resort to exacting their own 
form of retribution through vigilante violence. Somesuspected 
criminals, notably thieves and rapists, are beaten to death or burned 
by their victims or others after being soaked with a flammable liquid.
    b. Disappearance.--Opposition leaders, local NGO's, and the 
independent press routinely report cases of politically motivated 
temporary disappearances that usually ended with the eventual release 
of the prisoners who were held by security forces.
    In months after the February 1996 mutiny, hundreds of soldiers and 
civilians disappeared during neighborhood sweeps conducted by armed 
members of the security forces, who often were masked to hide their 
identities. Dozens of soldiers were interrogated and transferred to 
judicial authorities for legal proceedings related to the mutiny. 
Prosecutors later released 63 detainees for lack of evidence; the 
others were sentenced in October 1998 (see Section 1.e.). Baba Sarr, a 
relative of reported mutiny ringleader Major Gbago Zoumanigui, remains 
missing since his detention following the mutiny. During the year, many 
of the persons missing after the 1996 mutiny were in self-imposed 
exile, according to family members.
    Sierra Leonean rebels reportedly abducted a number of civilian 
hostages during crossborder raids in Faranah in November 1998, and in 
the villages of Tassine and Mola in May (see Section 1.d.).
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Penal Code and the Constitution prohibit torture and 
cruel, inhuman, or degrading treatment; however, both civilian and 
military security forces often use torture and beatings to extract 
confessions and employ other forms of brutality, including holding 
prisoners incommunicado without charges and under inhuman conditions. 
Local human rights organizations and former detainees stated that some 
prisoners are bound and hung by their feet before being beaten. There 
were no reported judicial proceedings against officers suspected of 
committing abuses. Many citizens view the security forces as corrupt, 
ineffective, and even dangerous. Police ignore legal procedures, and 
extort money from citizens at roadblocks (see Sections 1.f. and 2.d.). 
Refugees from Liberia and Sierra Leone report that some soldiers demand 
sex in exchange for entry into the country. There are also reports of 
sexual assaults on refugees (see Section 2.d.).
    Defendants in the Ratoma riots' trial in 1998 reported neglect and 
torture during their detention at their trial proceedings in 1998 (see 
Section 1.a.). All since have been released.
    Soldiers arrested for the 1996 mutiny reported being tortured at 
the Kassa prison by military personnel. According to the defendants, 
police temporarily transferred the soldiers from the Koundara prison to 
Kassa for interrogation and torture (see Section 1.a.).
    Prison conditions are inhuman and life threatening. Family members 
and friends are responsible for feeding prisoners. Guards often 
demanded bribes in exchange for letting food through to those 
incarcerated. Standards of sanitation remained poor, and there were 
several dozen deaths due to malnutrition and disease. A former inmate 
held in the central prison in Conakry reported in 1998 being housed 
with between 60 and 80 prisoners in 1 cell, with 1 toilet and no beds. 
Prisoners reported threats, beatings, and harassment by guards. There 
are credible reports from prisoners that female inmates are subject to 
harassment and sexual assault by guards.
    The Organisation Guineenne de Defense des Droits de L'Homme et du 
Citoyen (OGDH) determined that prisoners in at least one major prison, 
located in N'Zerekore, suffered more from neglect and lack of resources 
than from mistreatment. According to the OGDH, the N'Zerekore prison is 
a converted grain warehouse built in 1932 for 70 prisoners, but it 
currently houses 120. There is no electricity or running water.
    The independent press, a local human rights organization, and a 
former prisoner reported in previous years that inmates routinely are 
beaten and subjected to other forms of abuse at the prison in Koundara 
in the north. Although the Minister of Justice has criticized inhuman 
prison conditions during televised visits to prison facilities, no 
concrete action has yet been taken to improve conditions.
    The Government permits prison visits by local humanitarian and 
religious organizations, which offer medical care and food for those in 
severe need. A former prisoner reported that without this assistance 
those who do not have families or friends would starve to death.
    On November 10, the International Committee of the Red Cross (ICRC) 
signed a detention accord with the Government for satisfactory access 
to prisoners. The ICRC, which had been negotiating for the accord over 
a 2-year period, regarded the agreement as a positive step by the 
Government.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention remain persistent threats despite procedural provisions in 
the Penal Code designed to safeguard detainees. In practice 
administrative controls over the police are ineffective, and security 
forces rarely follow the Penal Code.
    The Penal Code requires that the Government issue a warrant before 
an arrest can be made and charge detainees before a magistrate within 
72 hours. However, many detainees are incarcerated for longer periods 
before being charged. After being charged, the accused may be held 
until the conclusion of the case, including a period of appeal. Release 
on bail is at the discretion of the magistrate who has jurisdiction. 
The Constitution proscribes incommunicado detention. The law provides 
for access by attorneys to their clients, but authorities frequently do 
not respect this provision.
    On March 11, military troops entered the University of Kankan and 
arrested 800 students following a student riot that began after 1 
student was killed in a car accident. Some of the students were beaten; 
however, all were released within a few days.
    Bar Association attorneys, the independent press, and government 
sources describe a parallel system of justice run by unidentified 
uniformed personnel who conduct midnight arrests, detain suspects, and 
use torture in secret prisons to obtain confessions before transferring 
detainees to prosecutors (see Section 1.c.). In previous years, a 
member of a political opposition party, a soldier, a local human rights 
organization, and former prisoners all reported that the Government 
imprisons for political reasons persons considered a threat to state 
security at Kassa prison, allegedly located in a former French colonial 
structure on an island off the coast of Conakry. The Government denies 
the existence of the Kassa Prison and states that prisoners identified 
as political detainees have been incarcerated for criminal acts and are 
located in other prisons. In 1998 foreign diplomats visited the 
military installation on Kassa Island, where they saw nothing that 
resembled a prison or detention center.
    Security forces detain citizens at roadblocks and extort money from 
them (see Section 2.d.).
    On November 15, 1998, at the start of the presidential campaign, 
the prefects of Mandiana, Kerouane, Macenta, and Nzerekore arrested RPG 
supporters in those prefectures. On March 16, after a short trial on 
charges of incitement to violence, 13 RPG members, including 4 National 
Assembly representatives, were released from detention in Kankan for 
time served; 36 other RPG supporters detained in Baro were released on 
March 18.
    On December 12, 1998, while suppressing interethnic violence in 
Conakry (see Section 1.a.), members of the security forces arrested and 
detained Marcel Cros, a leader of the minority PDA party and close 
advisor of Alpha Conde, leader of the RPG opposition party, on illegal-
weapons charges. After a lengthy investigation, the Government dropped 
all charges and released Cros on February 10. Cros reported that he was 
permitted visits from his family and his lawyers while in detention in 
Conakry's central detention facility and said that he had been treated 
no worse than other prisoners.
    On December 14, 1998 (Election Day), security forces reportedly 
arrested 30 RPG poll watchers in Boffa and 80 poll watchers of the 
Union for Progress and Renewal (UPR) opposition party in Gaoual and 
Koundara prefectures. The opposition poll watchers, some of whom were 
accused of being mercenaries by the security force members who arrested 
them, were released the day after the election.
    On December 15, 1998, members of the security forces arrested Alpha 
Conde, the presidential candidate of the RPG opposition party, at the 
town of Lola on the Liberian border; the Government had closed the 
border there since December 9, 1998, as an election security measure. 
The Government detained Conde incommunicado until December 30, 1998, 
when it charged him with trying to leave the country illegally, 
resisting arrest, engaging in illegal foreign currency transactions, 
and training an armed force to overthrow the Government. During the 
year, foreign officials and diplomats, including the Senegalese 
Minister of Justice, and several foreign diplomats visited Alpha Conde 
in detention. Conde's lawyers reported that they had generally free 
access to their client as well as to the dossier of his case. Conde's 
doctor, but not his family members, alsohad access to him. During a 
July 21-22 visit by French President Jacques Chirac, the Government 
announced a mid-September trial date for Conde, but, the trial did not 
begin by year's end.
    On December 28, 1998, security forces detained about 20 persons 
during their suppression of rioting in the town of Labe following the 
return of the body of a soldier, who had died of injuries suffered 
during a beating ordered by his commander to punish him for trying to 
vote outside the military camp where he was posted (see Sections 1.a. 
and 3).
    The Government does not practice forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for the 
judiciary's independence; however, judicial authorities routinely defer 
to executive authorities and the executive branch in politically 
sensitive cases. Magistrates are civil servants with no assurance of 
tenure. Due to corruption and nepotism in the judiciary, relatives of 
influential members of the Government often are, in effect, above the 
law. In 1996 the Cabinet stated that it would pursue those who violate 
the law but avoid punishment due to judicial corruption, including the 
autonomous Presidential Guard; however, no action has been taken. 
Judges often do not act independently, and their verdicts are subject 
to outside interference. Influential persons often intervene on behalf 
of their relatives to prevent a negative judgment from being carried 
out.
    The judiciary includes courts of first instance, the two Courts of 
Appeal, and the Supreme Court, the court of final appeal. Since 1988 
civilian courts have rendered all judgments involving civilians under 
the Penal Code. A military tribunal prepares and adjudicates charges 
against accused military personnel, to whom the Penal Code does not 
apply. The Government announced in 1996 the creation of a Discipline 
Council for dealing with civil servants who abuse their positions as 
government employees, but by year's end, the Council still had not 
prosecuted any cases.
    In 1997 Minister of Justice Maurice Zogbelemou Togba activated a 
special state security court to try alleged participants in the 
February 1996 military mutiny. Togba defended the Special Court's 
legality, citing statutes predating the 1992 Constitution. Members of 
political opposition parties and the independent press maintained that 
the Court is unconstitutional, arguing that the Fundamental Law of 1992 
superseded related statutes. They also maintained that because the 
State presents evidence as well as makes final judgment, the Court 
infringes on the prisoners' due process rights. In October 1998, the 
special security court concluded its trials of the alleged mutineers. 
Of the 96 persons over whom the court exercised jurisdiction, 4 never 
were charged, 13 were released because the time they already had served 
in detention exceeded their sentences, 2 were released because of 
illness or immunity, 34 were acquitted, and 43 were sentenced to prison 
terms ranging from 3 to 20 years. The 20-year sentences were given to 
members of the armed forces who had fled the country and who were tried 
in absentia.
    The judicial system is plagued by numerous problems, including a 
shortage of qualified lawyers and magistrates and an outdated and 
restrictive penal code. 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 Government provided counsel for dozens of soldiers charged in 
connection with the February 1996 mutiny and the quasi-independent Bar 
Association started a permanent legal defense fund. Defense lawyers for 
the soldiers incarcerated in connection with the 1996 mutiny complained 
that they had difficulty obtaining permission to meet with their 
clients, that prison guards eavesdropped on their conversations and 
denied family visits to the detainees, and that the Government reduced 
their clients' salaries by as much as 60 percent to pay for prison 
meals.
    Many citizens are wary of judicial corruption and prefer instead to 
rely on traditional systems of justice at the village or urban 
neighborhood level. Litigants present their civil cases before a 
village chief, a neighborhood leader, or a council of wise men. The 
dividing line between the formal and informal justice systems is vague, 
and authorities may refer a case from the formal to the traditional 
system to ensure compliance by all parties. Similarly, 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. The 
traditional system discriminates against women in that evidence given 
by women carries less weight (see Section 5).
    Vigilante action by victims or others sometimes resulted in the 
beating to death of suspected criminals (see Section 1.a.).
    At year's end, the Government held an unknown number of political 
prisoners. Such prisoners are individuals incarcerated for allegedly 
politically motivated acts, such as protests, meetings, and campaigns; 
but arrested and convicted under criminal laws such as those applying 
to creating disorder, inciting violence, and corruption. Some of these 
individuals consequently received disproportionately harsh punishment 
due to their political affiliation. Members of political opposition 
parties and a local human rights organization state that dozens of 
persons also are being detained or have disappeared for political 
reasons (see Sections 1.b. and 1.d.).
    The Government denies holding any political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the inviolability of the 
home, and judicial search warrants are required by law; however, police 
frequently ignore these procedures. Police and paramilitary police 
often ignore legal procedures in the pursuit of criminals. Private 
citizens frequently are detained at nighttime roadblocks set up by 
police and the military for purposes of security and extortion (see 
Section 2.d.).
    It is believed widely that security officials monitor mail and 
telephone calls. Local businesses, including foreign companies, often 
complain of intimidation and harassment by public officials and 
authorities.
    Sierra Leonean rebels burned homes, stole livestock and other 
goods, and took civilian hostages, during numerous crossborder raids in 
1999 and 1998. Attackers from Liberia burned homes in Guinean villages 
on September 10 (see Section 1.a.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression, subject to certain limitations; however, despite 
government statements in support of free speech and a free press, the 
Government employs a broad range of restrictions on these rights. The 
Government prohibits what it considers seditious talk or chants in 
public, has established defamation and slander as criminal offenses, 
and prohibits communications that personally insult the President, or 
incite violence, discrimination, or hatred, or that disturb the public 
peace. Opposition members of the National Assembly arrested in 
connection with the Ratoma riots were detained and convicted under 
these laws in 1998.
    The Government publishes an official newspaper, Horoya, and 
operates the official television and radio (ORTG) stations. Reporters 
for the official press, who are government employees, practice self-
censorship in order to protect their jobs. Several younger broadcast 
journalists reported critically about the Government and posed critical 
questions at official press conferences.
    While the only daily newspaper L'Horoya is owned and operated by 
the state, there is a vocal private press that is critical of the 
President and the Government. For example, the weekly satirical 
newspaper Le Lynx publishes front-page cartoons lampooning the 
President and senior government officials. Five private newspapers (Le 
Lynx, La Lance, L'Oeil, L'Independant, and L'Independant Plus) publish 
weekly in Conakry, and up to 10 other publications appear sporadically, 
although hampered by technical and financial difficulties. One 
newspaper, L'Espoir, is affiliated with the governing political party, 
and several other newspapers are affiliated with opposition parties. 
Other newspapers offer news and criticism of both the Government and 
the opposition.
    In contrast to 1998 and 1997, the Government did not detain or 
expel journalists during the year.
    The Government owns and operates all domestic broadcast media 
including radio, which serves as the most important means of informing 
the public. Many citizens listen regularly to foreign-origin short-wave 
radio, and access to foreign television satellite broadcasts is 
growing. The Government does not restrict access to or distribution of 
foreign television programming via satellite or cable, although 
relatively few citizens can afford these services.
    The country has had full Internet access since 1997. At year's end, 
there were three domestic service providers, two strictly private and 
one affiliated with SOTELGUI, a private telephone company that holds a 
monopoly on international telephone lines. The Government did not 
restrict Internet access. Storefrontoperations offering Internet access 
were common throughout downtown Conakry. However, a lack of reliable 
telephone lines inhibited home Internet access, even for the few who 
could afford it.
    The state-owned media are not impartial; they provide extensive and 
almost invariably favorable coverage of the Government and ruling 
party, while providing little coverage of opposition party activities. 
The state-owned broadcast media monopoly did not give opposition 
candidates equal coverage or allow them equal access during the 1998 
presidential election campaign (see Section 3).
    Political tracts occasionally circulate in Conakry and other urban 
areas. Some tracts support the Government, while others specifically 
criticize senior officials. Foreign publications, some of which 
criticize the Government, often are available.
    The Ministry of National Education and Scientific Research 
exercises limited control over academic freedom through its influence 
on faculty hiring and control over the curriculum. In general teachers 
are not subject to classroom censorship.
    b. Freedom of Peaceful Assembly and Association.--The law restricts 
freedom of assembly, and the Government exercises its power to thwart 
unwanted political activity. The Penal Code bans any meeting that has 
an ethnic or racial character or any gathering ``whose nature threatens 
national unity.'' The Government requires notification 72 hours prior 
to public gatherings, otherwise the events are considered illegal.
    The Government bans all street marches except funerals. The law 
allows local authorities to cancel a demonstration or meeting if they 
believe that it poses a threat to public order. They may hold event 
organizers criminally liable if violence or destruction of property 
ensues.
    On October 11, students protested in street demonstrations 
increased gasoline prices and transport fares and threw rocks at taxis 
and minibuses. In suppressing the violent demonstration, security 
forces shot and killed two students.
    During the July 21-22 visit of French President Chirac, large 
crowds lined the streets of Conakry, many holding ``Free Alpha'' 
placards in support of jailed opposition party leader Alpha Conde. The 
demonstration remained peaceful, and security forces did not intervene.
    In 1998 prior to the December presidential elections, security 
forces clashed with political party demonstrators on several occasions. 
In November and December 1998, ruling party supporters and government 
officials repeatedly attempted to prevent opposition party meetings in 
the capital and several provincial towns (see Section 1.a.). During the 
week following the 1998 presidential election, security forces in 
Conakry repeatedly used force to break up demonstrations protesting the 
Government's conduct of the election. Some of these demonstrations were 
already violent before security forces intervened; some were not.
    Freedom of association is protected by law; however, the Government 
imposes, cumbersome requirements to obtain official recognition. 
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. There are 
approximately 46 legally recognized political parties; deputies of 9 
different parties are represented in the National Assembly.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion and permits religious communities to govern themselves without 
state interference, and the Government generally respects these rights 
in practice. The quasi-governmental National Islamic League (NIL) 
represents the country's Muslims, who make up 85 percent of the 
population. The Government requires that all recognized Christian 
churches join the Association of Churches and Missions in order to 
benefit from certain government privileges, such as tax benefits and 
energy subsidies. Missionary groups are required to make a declaration 
of their aims and activities to the Ministry of Interior or to the 
National Islamic League.
    The NIL states that it supports peaceful coexistence with other 
religious denominations and actively attempts to facilitate dialog to 
eliminate ethnic and religious tensions. Although the Government and 
the NIL have spoken out against the proliferation of Shi'a 
fundamentalist sects, which they alleged were ``generating confusion 
and deviation'' within Guinean Islam, they have not restricted these 
groups. Foreign missionaries and church-affiliated relief agencies 
operate freely.
    Government support of the powerful, semi-official NIL has led some 
non-Muslims to complain that the Government uses its influence to favor 
Muslims over non-Muslims, although non-Muslims are represented in the 
Cabinet, administrative bureaucracy, and the armed forces. Conversions 
of senior officials to Islam, such as that of the Defense Minister, are 
ascribed to the NIL's efforts to influence the religious beliefs of 
senior government leaders. The Government refrains from appointing non-
Muslims to important administrative positions in certain parts of the 
country, in deference to the particularly strong social dominance of 
Islam in these regions.
    In April for the first time, the Government required government 
ministers to take an oath on either the Koran or the Bible, which 
provoked criticism from those who saw the gesture as incompatible with 
the secular nature of the State.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides citizens with 
the right to travel freely within the country and to change their place 
of residence and work; however, authorities infringe on these rights in 
some respects. The Government requires all citizens to carry national 
identification cards, which they must present on demand at security 
checkpoints. Travelers face harassment by police and at military 
roadblocks, particularly late at night. The private press and local 
NGO's reported that travelers often are pressured to pay bribes to 
allow passage. Government officials state that the corruption is being 
perpetrated by a few rogue soldiers; however, abuse at official 
checkpoints is systematic.
    Although the Government permits foreign travel for its citizens, it 
retains the authority to limit it for political reasons.
    From December 9 to December 20, 1998, the Government closed all 
land borders by decree as a security measure related to the 
presidential election. Following an August 13 release into Guinea of 
humanitarian workers held hostage in Kolahun, Liberia, by a dissident 
group, the Government closed its border with Liberia (see Section 1.d.) 
As of year's end, the border remained officially closed.
    The Government cooperates fully with the U.N. High Commissioner for 
Refugees (UNHCR), the World Food Program, other humanitarian 
organizations, and donor countries to assist refugees. The Government 
provides first asylum in accordance with U.N. and Organization of 
African Unity conventions. On June 19, the UNHCR released the results 
of its census, stating that approximately 480,000 Liberian and Sierra 
Leonean refugees were registered with UNHCR for assistance by the 
international community. The Government claims that many more refugees 
are present in the urban areas of the country. Refugees account for 
half or more of the populations of the forest region cities of 
N'Zerekore, Gueckedou, and Macenta. According to the UNHCR, more than 
200,000 Sierra Leoneans entered Guinea since January 1998 and are 
mostly in the Forest region.
    The Government has provided school buildings, access to local 
medical facilities, and land for farming to assist those designated as 
refugees. However, relief organizations report that some local 
authorities have demanded portions of donated fuel and food from 
delivery convoys. The security forces' closure of a road in the forest 
region in June and July 1998, in response to a crossborder raid by 
Sierra Leonean rebels, briefly prevented the UNHCR and NGO's from 
delivering supplies to refugees near the border.
    The Government generally has been hospitable toward refugees. 
Reports that police and border patrol guards demanded bribes before 
allowing refugees into the country and that some border officers 
demanded sex from women who lacked money to pay bribes, have become 
rare, an improvement over previous recent years.
    International NGO's stated that refugees are subject to arbitrary 
arrests, but they conclude that the harassment is not targeted 
specifically at refugees. The UNHCR reports that detainees, who often 
are held for having insufficient identification or being suspected 
rebels, are charged before a magistrate within 72 hours as required by 
law. UNHCR officials reported being denied access to refugees that 
security forces suspected of being rebels. Security forces arrested 
suspected rebels at the border as they tried to enter the country.
    There were no reports of the forced return of persons with a valid 
claim to refugee status to a country where they feared persecution, 
although authorities in some instances turned suspected rebels over to 
the Government of Sierra Leone. In tense periods following the 
crossborder attacks on Guinean villages (Section 1.a.), the authorities 
were aggressive in checking identification, temporarily detaining 
persons for questioning, and transporting refugees from urban areas 
(particularly Conakry) to refugee camps. At most other times, refugees 
have had freedom of movement similar to that ofcitizens. In a September 
16 meeting Guinean President Conte, Sierra Leonean President Kabbah, 
and Liberian President Taylor, announced an agreement to share lists of 
names of dissidents. Following the announcement, numerous Liberian 
refugees reported that they feared expulsion from the country. At 
year's end, there were no reports of expulsions.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Although the 1990 Constitution provides for a popularly elected 
President and National Assembly, the ability of citizens effectively to 
exercise this provision is restricted. The Government's tight and 
sometimes partisan control of the electoral process and lack of an 
independent electoral oversight mechanism call into serious doubt the 
ability of citizens to change their government peacefully.
    Although opposition political parties have been legal since 1991, 
the Government has continued to dominate the electoral process; General 
Conte has remained President, and his PUP party has retained a majority 
in the National Assembly. The Government controlled the first 
multiparty presidential election in 1993 and the first multiparty 
legislative elections in 1995, limiting the opposition to a subordinate 
role.
    The country's second multiparty presidential election, was held on 
December 14, 1998, under a somewhat improved electoral process; 
however, the campaign was limited by the Constitution to the 30 days up 
to 2 days before the election, and the Government continued to refuse 
to establish a national election commission independent of the 
Government, which opposition leaders demanded. In September 1998, the 
Government and the CODEM, an umbrella group of opposition parties 
formed in 1995, agreed to establish a Superior Council for Electoral 
Affairs (SCEA) and local vote counting commissions, composed of CODEM 
as well as government and ruling party representatives, with oversight 
authority over local vote counting and transmission of local results to 
Conakry. However, the Government retained exclusive control of all 
registration and election procedures up to and including the casting of 
votes, as well as of the national tabulation of election results.
    According to the Government's tabulation of results, General Conte 
was elected to a second 5-year term as President, receiving 56 percent 
of the 2.7 million votes cast, while Bah Mamadou of the UNR received 25 
percent and Alpha Conde of the RPG received 17 percent. Had no 
candidate received a majority of votes cast, the Constitution would 
have required a second election between the two leading candidates.
    The election was much more transparent and fair than the 1993 
presidential election. Observers from various organizations affiliated 
chiefly with developing countries issued a statement that found no 
fault with the election-day vote-casting process; however, observers 
from European and other credible foreign organizations did not endorse 
that statement, which was issued before the election results were 
announced and did not address the registration, campaigning, and vote-
counting processes.
    The 1998 presidential election was marred by violence and 
disruption of opposition campaigning before the polling, by civil 
unrest after the polling, by widespread and diverse irregularities that 
tended to favor the incumbent, and by the arrest and detention of major 
opposition candidates during the vote-counting process.
    There were credible reports during the 1998 election campaign that 
ruling party supporters and government officials used force to prevent 
or disrupt opposition party meetings in Conakry and in provincial towns 
during the campaign. In one such incident, a government official shot 
and killed a man and wounded two other persons in a confrontation at an 
RPG party meeting; the official then was attacked and killed by the 
crowd (see Sections 1.a. and 2.b.).
    Violence between PUP and opposition party supporters, as well as 
violent interethnic clashes with political overtones in Conakry, was 
frequent and widespread during the election campaign (see Section 5). 
On December 12, 1998, for example, between four and six persons were 
killed, following a large pro-Conte PUP rally, as mobs with different 
ethnic and political affiliations fought, and a proopposition mob 
looted a marketplace before being dispersed by the security forces (see 
Section 1.a.).
    Opposition candidates suffered from inferior access both to state 
election funds and to coverage by the state-monopolized domestic 
broadcast media, although the Government allotted each candidate an 
equal amount of television and radio broadcast time each day throughout 
the 1998 campaign.
    On election day, international observers noted a shortage of 
ballots for opposition candidates in some districts of Conakry, but an 
abundance of ballots for President Conte. There were nocharges of 
widespread, systematic obstruction of pollwatchers, but opposition 
pollwatchers were often absent from heavily pro-Conte areas, suggesting 
at least selective obstruction. Opposition party officials charged that 
security forces arrested and detained over 100 opposition pollwatchers 
on election day (see Section 1.d.); manipulated voting procedures in 
some areas; and overlooked irregularities in voter registration and in 
ballot-counting procedures.
    Members of the armed forces were required to vote on the premises 
of the military installations to which they were posted and were 
subject to strong pressures to vote for General Conte. Approximately 
200 soldiers assigned to Camp Alpha Yaya in Conakry attempted to vote 
outside the camp, and many were beaten severely by order of their 
battalion commander, Panival Sama Bangoura; one soldier died of 
injuries sustained in this beating (see Section 1.a.).
    The Government postponed the announcement of its tabulation of the 
election results from December 16 to December 17, 1998. During the 
interim, there was violence and looting in Conakry, PUP and opposition 
supporters clashed violently in Mamou, and members of the security 
forces shot and killed two RPG supporters in Siguiri (see Section 
1.a.). On December 15, 1998, members of the security forces arrested 
RPG presidential candidate Alpha Conde (see Sections 1.d. and 2.d.). 
From December 17 until December 20, 1998, gendarmes were posted to 
confine two other presidential candidates to house arrest.
    On December 28, 1998, antigovernment violence occurred in Labe, the 
hometown of the soldier who had been beaten and killed for trying to 
vote outside the army camp to which he was posted, after his body was 
returned to the town. A crowd burned the local office of the ruling PUP 
party and a vehicle belonging to the state-owned broadcast media 
monopoly and damaged a house owned by a PUP officer. In suppressing 
this violence, members of the security forces arrested about 20 persons 
and killed 1 woman (see Sections 1.a. and 1.d.).
    Members of the PUP continued to hold 60 seats in the unicameral 
National Assembly, 1 short of the supermajority required to amend the 
Constitution.
    The President continues to hold the power to appoint the governors, 
prefects, and their deputies to administer regions and subregions 
respectively. Most of these officials are members of the PUP or of 
parties allied with it. However, reorganization of these offices in 
August 1998 reflected a growing sense of accountability to the public 
by government officials regarding the performance of their official 
duties. The prefects and governors who retained their jobs or received 
promotions were those who had been rated as above average 
administrators by the Minister of the Interior in an open letter in the 
private press. All the prefects and governors who lost their jobs had 
received an unsatisfactory rating.
    However, opposition party officials and the independent press 
continued to charge that the Government used public funds to build its 
electoral base within traditional opposition strongholds in 
anticipation of the 1998 presidential elections.
    Although initially scheduled for December, local and communal 
elections were postponed, perhaps to coincide with June 2000 
legislative elections. Local governments generally have limited 
autonomy. Although they have some financial resources with which to 
fund local programs, most of their funds are controlled by the central 
Government. However, local government staff members, such as deputy 
prefects, are hired and can be fired by local authorities and are not 
considered central government employees.
    Women are underrepresented in the Government. Only 2 women hold 
seats in the 26-member Cabinet, in the low-profile Ministry of Social 
Affairs and Promotion of Women, and the Ministry of Youth, Sports, and 
Culture. There are only 9 female deputies in the 114-member National 
Assembly. There are few women at senior levels below minister, and 
there are no women in the senior ranks of the armed forces. Women also 
play a minor role in the leadership of the major political parties.
    The Cabinet and armed forces leadership includes representatives of 
all major ethnic groups. However, a disproportionate number of senior 
military officers are Soussou, the President's ethnic group.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Local NGO's primarily interested in human rights issues include: 
The Guinean Organization for the Defense of Human Rights; the Guinean 
Human Rights Association; the Children of the Victims of Camp Boiro; 
S.O.S. Burial Grounds; the Association of Victims of Repression; 
Humanitarian Assistance for Prisons; Defense ofPrisoners' Rights; Women 
Jurists for Human Rights; the Committee for the Defense of Civic 
Rights; and the Coordinating Committee on Traditional Practices 
Affecting Women's and Children's Health. Government officials are 
generally cooperative and responsive to their views. Various officials 
have blocked private efforts to memorialize victims of the Sekou Toure 
regime that ruled Guinea from independence until 1984.
    In 1998 the International Committee of the Red Cross (ICRC) 
conducted a seminar on human rights in conjunction with the Ministry of 
Security for members of the security forces and civil servants.
    A human rights office within the Ministry of Defense, International 
Humanitarian Rights, has conducted over 100 human rights seminars since 
1994 to teach military personnel about human rights recognized by 
international and regional agreements.
    On November 10, the ICRC signed a detention accord with the 
Government for full access to prisoners. The ICRC, which had been 
negotiating for the accord over a 2-year period, described the 
agreement as a positive step by the Government.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution states that all persons are equal before the law 
regardless of gender, race, ethnicity, language, beliefs, political 
opinions, philosophy, or creed; however, the Government does not 
enforce these provisions uniformly.
    Women.--Violence against women is common, although 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 formal sector in urban 
areas complain of frequent sexual harassment. The social stigma 
attached to rape prevents most victims from reporting it. The 
Government has not pursued vigorously criminal investigations of 
alleged sexual crimes.
    The Constitution provides for equal treatment of men and women, and 
the Ministry of Social Affairs and Women's Promotion works to advance 
such equality. However, women face discrimination, particularly in 
rural areas where opportunities are limited by custom, and the demands 
of child-rearing and subsistence farming. Women are not denied access 
to land, credit, or businesses, but inheritance laws also favor male 
heirs over females. Government officials acknowledge that polygyny is 
practiced commonly, although it is prohibited by law. Divorce laws 
generally tend to favor men in awarding custody and dividing communal 
assets. Legal evidence given by women carries less weight than that 
given by men (see Section 1.e.). 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.
    Children.--The Constitution provides that the Government has a 
particular obligation to protect and nurture the nation's youth, and 
the Government allocates a significant percentage of the budget to 
primary education. The President appoints a Minister of Youth and a 
cabinet minister to defend women's and children's rights. The 
Government provides free, compulsory primary school education for 8 
years. Approximately 50 percent of all eligible students are enrolled 
in primary school, including 66 percent of eligible boys but only 35 
percent of eligible girls. The Government spent 25 percent of its 
national operating budget on education in 1997.
    Female genital mutilation (FGM), which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, is very widespread. It is widely practiced in all 
regions and among all religious and ethnic groups. FGM is illegal under 
the Penal Code, and senior officials and both the official and private 
press have spoken against the practice; however, there have been no 
prosecutions for violations of the Code. FGM is performed on girls and 
women between the ages of 4 and 70, but exact figures on this procedure 
are difficult to establish due to its private nature. The Coordinating 
Committee on Traditional Practices Affecting Women's and Children's 
Health (CPTAFE), a local NGO dedicated to eradicating FGM and ritual 
scarring, cited a recent decline in the percentage of females subjected 
to FGM, estimating the figure to be between 65 and 75 percent. Expert 
estimates vary between 65 and 90 percent. The lower figure, if 
accurate, would represent a decline over recent years due to education 
of thepopulation by women's rights groups about the health risks 
involved with the practice. However, infibulation, the most dangerous 
form of FGM, still is performed in the forest region. Despite diseases 
resulting from crude and unsanitary surgical instruments and deaths 
resulting from the practice, the tradition continues, seriously 
affecting many women's lives. FGM also increases the risk of HIV 
infection since unsterilized instruments are shared among participants.
    The Government has made efforts to educate health workers on the 
dangers of this procedure and supports the CPTAFE's efforts. The CPTAFE 
reports high rates of infant mortality and maternal mortality due to 
FGM. In March 1997, working in collaboration with the World Health 
Organization, the Government initiated a 20-year strategy to eradicate 
FGM.
    A growing number of men and women oppose FGM. Urban, educated 
families are opting increasingly to perform only a slight symbolic 
incision on a girl's genitals rather than the complete procedure. In 
November the CPTAFE held a large public ceremony celebrating the 
``laying down of the excision knife'' in which some traditional 
practitioners of FGM pledged to discontinue the practice. However, most 
of those who perform FGM oppose its eradication since it is quite 
lucrative for them.
    The CPTAFE, in conjunction with the Government, local journalists, 
and international NGO's, also is promoting an education campaign to 
discourage underage marriage. Although such marriages are prohibited by 
law, parents contract marriages for girls as young as 11 years of age 
in the forest region.
    Prostitution exists in the informal economic sector and employs 
girls as young as 14 years of age. The Government does not take action 
even if prostitution of minors is brought to its attention and does not 
monitor actively child or adult prostitution.
    People with Disabilities.--The Constitution provides that all 
persons are equal before the law. There are no special constitutional 
provisions for the disabled. The Government has not mandated 
accessibility for the disabled, and few disabled persons work, although 
some develop opportunities in the informal sector.
    National/Racial/Ethnic Minorities.--The country's population is 
ethnically and regionally diverse. No single ethnic group constitutes a 
majority nationwide. The largest ethnic groups are the Puhlar, also 
called Peuhl or Fulani (about 40 percent of the population), the 
Malinke (about 30 percent), and the Soussou (about 20 percent). Each 
group speaks a distinct primary language and is concentrated in a 
distinct region: The Soussou in lower Guinea; the Puhlar in middle 
Guinea; and the Malinke in upper Guinea.
    While the Constitution and the Penal Code prohibit racial or ethnic 
discrimination, ethnic identification is strong. Mutual suspicion 
affects relations across ethnic lines, in and out of government. 
Widespread societal ethnic discrimination by members of all major 
ethnic groups is evident in private sector hiring and buying patterns, 
in urban neighborhoods that tend to be segregated ethnically, and in 
the relative paucity of interethnic marriage, even in cities. The 
proportion of public sector positions occupied by Soussous, 
particularly at senior levels, is perceived widely as exceeding their 
share of the national population.
    The ruling PUP party, although generally supported by Soussous, has 
transcended ethnic boundaries more effectively than the major 
opposition parties, which have readily identifiable ethnic and regional 
bases; the UNR's main base is the Puhlar, while the RPG's main base is 
the Malinke. Soussou preeminence in the public sector and Malinke 
migration into the traditional homelands of smaller ethnic groups in 
the Forest region have been major sources of political tensions that 
sometimes have erupted into violence. In June 1998, President Conte 
fired the non-Soussou Secretary-General of Labor and Public Services as 
well as several non-Soussou directors in his department, replacing them 
with members of his ethnic group, the Soussou.
    Both the February-March 1998 riots in protest of demolitions in 
Conakry's Ratoma neighborhood of mainly Puhlar population (see Section 
1.a.) and the December 1998 riots in Conakry (see Section 3) were as 
much incidents of interethnic violence between Soussous and Puhlar, as 
they were incidents of political violence between the Government and 
opposition party supporters. The soldier beaten to death by order of 
his commander for having tried to vote outside his army post in the 
presidential election and many participants in the antigovernment 
violence that occurred in that soldier's hometown of Labe in December 
1998were members of the Puhlar ethnic group (see Sections 1.a. and 3).
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of employees to form independent labor unions and prohibits 
discrimination based on union affiliation. Only an estimated 5 percent 
of the work force is unionized. Most union members are employees of the 
Government, national utilities (electric, water, and telephone 
companies), or foreign-controlled companies.
    The Labor Code states that all workers, except military and 
paramilitary personnel, 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. Although there are now 
other trade unions and labor confederations, the CNTG remains the 
largest confederation.
    The CNTG is funded indirectly 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, the 
Professional Union Federation for Education, and the National 
Organization for Free Trade Unions of Guinea. Several dissident groups 
within the CNTG left the Confederation in 1996 citing corruption among 
its leadership. These groups joined with some independent unions to 
form 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 strike. It prohibits 
strikes in sectors providing ``essential services'' (hospitals, radio 
and television, army, and police).
    After a nationwide public-school teachers' strike immobilized the 
education sector for 2 weeks beginning in April 1997, in August 1997 
President Conte granted an 8 percent pay raise for all state employees, 
including teachers, who also received the right to claim seniority 
benefits for any past training or internships.
    Unions may affiliate freely with international labor groups. The 
Government continues to designate the CNTG to represent workers in the 
International Labor Organization conference.
    b. The Right to Organize and Bargain Collectively.--Under the Labor 
Code, representative workers' unions or union groups may organize in 
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 are 
established by the employer in consultation with union delegates. The 
Code also prohibits antiunion discrimination. Union delegates represent 
individual and collective claims and grievances with management. 
Individual workers threatened with dismissal or other sanctions have 
the right to a hearing before management with a union representative 
present and, if necessary, to take the complaint to the Conakry Labor 
Court, which convenes weekly to hear such cases. In the interior, civil 
courts hear labor cases.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
specifically forbids forced or compulsory labor, and there is no 
evidence of its practice. The Labor Code specifically forbids forced 
and bonded labor by children, and the Government enforces this 
prohibition effectively.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--According to the Labor Code, the minimum age for 
employment is 16 years. Apprentices may start to work at 14 years of 
age. Workers and apprentices under the age of 18 are not permitted to 
work at night, for more than 12 consecutive hours, or on Sundays. The 
Labor Code also stipulates that the Minister of Labor and Social 
Affairs must maintain a list of occupations in which women and youth 
under the age of 18 cannot be employed. In practice enforcement by 
ministry inspectors is limited to large firms in the modern sector of 
the economy. The Ministry of Planning estimated in 1997 that in rural 
areas, approximately 66 percent of children between the ages of 7 and 
14 wereemployed; the rate jumped to 91 percent in the 15 to 19 age 
group. In urban areas, approximately 19 percent of children between the 
ages of 7 and 14 were employed; the rate jumped to 50 percent for 
children between the ages of 15 and 19. Child labor in factories is not 
a prevalent problem because of the low level of manufacturing. Working 
children are found mostly in the informal sector areas of subsistence 
farming, petty commerce, and small-scale mining.
    The Government prohibits forced and bonded child labor and enforces 
this prohibition effectively (see Section 6.c.).
    e. Acceptable Conditions of Work.--The Labor Code of 1988 provides 
for the establishment by decree of a minimum hourly wage; however the 
Government has not done so. Prevailing wages were often inadequate to 
provide a decent standard of living for a worker and family. 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, 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 workdays per month of work. In practice the 
authorities enforce these rules only in the relatively small modern 
urban sector.
    The Labor Code contains provisions of a general nature regarding 
occupational safety and health, but the Government has not elaborated a 
set of practical workplace health and safety standards. Moreover, it 
has not 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. However, enforcement remained more 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.
    Under the Labor Code, workers have the right to refuse to work 
under unsafe conditions without penalty. Nevertheless, many workers 
fear retaliation should they refuse to work under unsafe conditions. 
Employees in high-risk professions, such as night guards, drivers, and 
police, have protested conditions without result.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons, and there were no reports that persons were trafficked in, to, 
or from the country.
                                 ______
                                 

                             GUINEA-BISSAU*

    A military coup in May resulted in minor changes in the Government 
of National Unity that was set up in February under the November 1998 
Abuja peace accords, drove President Bernardo Vieira into exile in 
Portugal, and ultimately led to the country's second multiparty 
national elections on November 28. The Government of National Unity 
inaugurated in February conducted the November elections with the 
assistance of a U.N. peace-building office (UNOGBIS) in accordance with 
a schedule established prior to the May coup, and initiated efforts to 
reverse the civil war's devastating effects. The November elections 
were considered generally free and fair by international observers, 
although they reported some irregularities. The elections significantly 
changed the composition of the 102-seat National Assembly, and the top 
two contenders among 12 candidates for President faced a runoff 
election on January 16, 2000. General Ansumane Mane, who began a 
rebellion in June 1998 after Vieira fired him as Armed Forces Chief of 
Staff and blamed him for illegal arms trafficking to rebels in the 
Casamance region of Senegal, played a role in the interim government as 
the head of a self-declared military junta. Mane and the Junta 
consistently declared that they would stay out of politics once a new 
civilian government was elected, but 2 weeks before the elections a 
``Magna Carta'' was published demanding a 10-year role for the Junta. 
The Junta denied authoring the ``Magna Carta'' and repeated its 
commitment to return to the barracks after the elections; however, 
adequate and timely payment of soldier and veteran benefits is a 
continuing concern. The Constitution provides for an independent 
judiciary; however, it is subject to political influence and 
corruption. The judiciary, which ceased to function at the onset of 
fighting in June 1998, resumed minimal responsibilities with the 
inauguration of a government of national unity in February.
---------------------------------------------------------------------------
    *On June 14, 1998 the United States Embassy suspended operations in 
the midst of heavy fighting in Bissau and all official personnel in the 
country were evacuated. This report is based on information obtained by 
embassies in neighboring countries and from other sources.
---------------------------------------------------------------------------
    The police, under the direction of the Ministry of the Interior, 
have primary responsibility for the nation's internal security. 
However, following the June 1998 revolt, the police became ineffective, 
as the Military Junta, Economic Community of West African States 
Military Observer Group (ECOMOG) peacekeeping forces, and troops 
defending President Vieira were better equipped and openly carried arms 
on highly visible patrols and checkpoints. Following Vieira's ouster in 
May, the withdrawal of all foreign troops, and efforts of the interim 
government to reinstate the rule of law, the police resumed many of 
their responsibilities; however, lack of resources and training 
continue to hamper their effectiveness. The armed forces are 
responsible for external security and may be called upon to assist the 
police in internal emergencies. A clear majority of soldiers joined the 
rebellion against President Vieira. Those who remained loyal, numbering 
no more than 300, generally took a secondary role to Senegalese and 
Guinean troops who entered the conflict at Vieira's request. ECOMOG 
peacekeeping forces were introduced and all Senegalese and Guinean 
troops were withdrawn by the end of March as agreed in the Abuja 
accords. ECOMOG forces were withdrawn in June following the defeat of 
loyalist forces and Vieira's departure to exile. The police, the 
military (both loyal and rebel), the Senegalese, and the Guineans were 
responsible for serious human rights abuses.
    The population of 1.2 million relies largely upon subsistence 
agriculture and the export of cashew nuts. Both activities were 
affected negatively by the fighting. Annual per capita gross domestic 
product (GDP) prior to 1998 has been estimated at $840. Due to the 
conflict, GDP declined by 28 percent in 1998 but was expected to reach 
80 percent of pre-1998 levels by the end of the year. Exports of cashew 
nuts returned to 70 percent of preconflict levels. Commercial banks and 
other monetary institutions, which had ceased operations with the 
outbreak of hostilities in June 1998, reopened in July. The country 
remains burdened by heavy external debt and massive underemployment.
    There continued to be serious problems in the Government's human 
rights record; however, the human rights situation improved during the 
year. Citizens were allowed to vote in generally free and fair 
elections. However, government forces, particularly under President 
Vieira, committed extrajudicial killings. The police and loyalist 
forces continued to use beatings, physical mistreatment, other forms of 
harassment, and arbitrary arrest and detention by police. The 
Government did not punish any members of the security forces for 
abuses. Prison conditions are poor. The Government at times used 
incommunicado detention. The judiciary is subject to political 
influence and corruption. The Government infringed on citizens' privacy 
rights. The Government at times limited freedom of thepress, and 
journalists practiced self-censorship. The Government at times 
restricted freedom of movement. Violence and discrimination against 
women are problems. Female genital mutilation is widely practiced. 
Child labor and some forced child labor persist.
    The conflict that ended with the May coup caused massive civilian 
dislocation and hardship, but by June most of the 350,000 internally 
displaced persons had returned to their homes. Over 1,000 persons who 
sought refuge in neighboring countries repatriated spontaneously, and 
another 1,000 who fled are receiving assistance from international 
organizations to repatriate. About 1,800 refugees remain in Guinea and 
720 remain in Gambia.
    An estimated 2,000 persons were killed during the 11-month 
conflict. Reports continue of deaths and injuries from land mines and 
unexploded shells that remain in populated areas.
    Rebel forces were responsible for killings, beatings, other forms 
of harassment, detention, robbery, and looting.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Political and 
extrajudicial killings occurred.
    Troops loyal to or allied with President Vieira killed an unknown 
number of civilian noncombatants prior to the May coup.
    Prior to the May coup, President Vieira took no action to encourage 
forces allied with him to minimize the loss of life among prisoners of 
war and the civilian population. During the May coup, reports indicate 
that loyalist forces based in the Marinha district of the capital 
Bissau fired at advancing rebel forces and killed 60 civilians who had 
sought refuge in a nearby mission school. Overall, an estimated 2,000 
persons were killed during the 11-month conflict.
    No suspect has yet been named in the August 22 murder of Nicandro 
Barreto, Justice Minister under President Vieira. Barreto was strangled 
at his home in Bissau.
    The Interior Ministry never released the results of an internal 
investigation into the police shootings of two African deportees 
following demonstrations in 1996; one of the deportees died. To date no 
one has been charged with the shootings.
    The 1992 death of Ussumane Quade, an army officer beaten to death 
while in police custody, remains unsolved. Two police officers were 
arrested in connection with the death in 1997, but neither was ever 
charged formally and both were released.
    A mass grave uncovered on October 8 contained the remains of 28 
persons and was believed to include those of former Vice President 
Paolo Correia, former Attorney General Viriato Pa, and military 
officers sentenced to death in 1985 by a military tribunal on charges 
of an attempted coup.
    Rebel forces loyal to General Mane committed numerous killings. The 
attack by rebel troops on the presidential palace in May reportedly 
left 70 persons dead. Reports indicate that indiscriminate rebel 
shelling in civilian neighborhoods killed noncombatants.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits cruel and inhuman punishment, 
and evidence obtained through torture or coercion is invalid; however, 
prior to the May coup, the Government often ignored these provisions, 
and security forces beat, mistreated, and otherwise abused persons. 
Security and police authorities historically have employed abusive 
interrogation methods, usually in the form of severe beatings or 
deprivation. The Government rarely enforced provisions for punishment 
of abuses committed by security forces.
    Forces loyal to Vieira engaged in widespread harassment, including 
stopping civilians and subjecting them to degrading body searches 
without cause. After the fighting in January, there were reports that 
Senegalese soldiers entered the Simao Mendes hospital in Bissau and 
removed a junta soldier who had been wounded in the conflict. The 
soldier was returned the next morning with several cuts and what 
appeared to be cigarette burns, as well as gangrene, which may have 
been related to his original combat wound. The soldier died within a 
few days.
    Human rights monitors reported several incidents in which police 
accused of rape or the mistreatment of prisoners prior to the May coup 
were not prosecuted.
    There were credible reports that rebel soldiers beat and harassed 
civilians suspected of government sympathies.
    Prison conditions are poor but generally not life threatening. 
Beatings and deprivation were used as a means of coercion. The June 
1998 rebellion effectively stopped a program aimed at halting such 
methods. Prison authorities had very little control over inmates, many 
of whom simply left during the day. Following a request in 1998 by the 
Interior Minister for international donor assistance to rehabilitate 
the prisons, the European Union renovated two of them. However, many 
prisons were damaged during the fighting, the inmates escaped, and have 
not been recaptured.
    The Human Rights League was given access to most prisoners, 
including 600 loyalist troops detained as prisoners of war following 
the May coup.
    d. Arbitrary Arrest, Detention, or Exile.--Security forces 
arbitrarily arrested and detained persons.
    The law 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 trial. In practice the judicial system generally 
failed to provide these rights.
    Police detained suspects without judicial authority or warrants, 
occasionally through the device of house arrest. Prior to the May coup, 
the Government held detainees without charges or trial for extended 
periods of time, sometimes incommunicado. The authorities did not 
routinely observe bail procedures.
    Following the May coup, the Government detained as prisoners of war 
about 600 of the loyalist forces who had defended Vieira; 180 of these 
soldiers were released immediately, and another 50 were released within 
a month. More than 385 remain in detention. On October 7, the Attorney 
General announced that 80 of these would be released soon, but they 
remained in detention at year's end.
    The Government does not use forced exile. Following the May coup, 
the Military Junta allowed President Vieira safe passage to leave the 
country for Gambia to receive medical treatment, reportedly with the 
understanding he would return to Guinea-Bissau to stand trial on 
charges of corruption and human rights abuses. After leaving the 
country, Vieira traveled to Portugal and was granted asylum. In 
October, the Attorney General traveled to Portugal to present evidence 
of human rights abuses by Vieira and to request his return to Guinea-
Bissau to stand trial. The Government of Portugal stated that it had 
not received a request for Vieira's extradition.
    In October former President Luis Cabral, who had been living in 
exile since being deposed in a 1980 coup, was issued a passport, and he 
returned to Guinea-Bissau in November.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, judges are trained and paid poorly, and 
sometimes are subject to political pressure and corruption. The Supreme 
Court is especially vulnerable to political pressure, as its members 
are appointed by the President and serve at his pleasure. The judiciary 
is reluctant to decide cases of a political nature. Cases against 
several former and current members of the Government were delayed. The 
Supreme Court failed to deal impartially with highly charged political 
cases. In 1997 the Court took up the issue of the constitutionality of 
the manner in which the President named his new Government. The 
decision ultimately rendered was in favor of allowing the Government to 
remain in office, but was issued only after the President brought 
significant pressure to bear on the Court.
    Trials involving state security are conducted by civilian courts. 
Under the Code of Military Justice, military courts try only crimes 
committed by armed forces personnel. The two Senegalese who, prior to 
the rebellion, were supposed to be tried in a military court in 
violation of the law escaped or were released during the fighting in 
1998; the Government is not pursuing the case. The Supreme Court is the 
final court of appeal for both military and civilian cases. The 
President has the authority to grant pardons and reduce sentences.
    Citizens who cannot afford an attorney have the right to a court-
appointed lawyer.
    Traditional law still prevails in most rural areas, and urban 
dwellers often bring judicial disputes to traditional counselors to 
avoid the costs and bureaucratic impediments of the official system. 
The police often resolve disputes.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Home, or Correspondence.--
The Constitution provides for the inviolability of domicile, person, 
and correspondence; however, the Government does not always respect 
these rights. The police do not always use judicial warrants and have 
forced entry into some private homes.
    Loyalist forces reportedly searched private residences in Bissau 
without cause and without warrants. Loyalist forces allegedly were 
guilty of theft from both private homes and stores.
    International and domestic mail at times was opened; however, this 
violation was by poorly paid postal employees in search of money or 
other valuables, not by security personnel. Limited mail service 
resumed in June after a 1-year shutdown following the destruction of 
the country's main post office building during the 1998 rebellion.
    Rebel forces allegedly stole from private homes and stores.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and the press; however, the Government at times 
limited these rights in practice, and journalists continued to practice 
self-censorship.
    Prior to the outbreak of hostilities in June 1998, the print media 
consisted of one independent daily, three independent weeklies, one 
government-owned biweekly, and one independent monthly. All of the 
newspapers were published sporadically due to financial constraints. 
The national printing press, the only facility for publishing 
newspapers in the country, often lacked the raw materials to publish 
them. In late August, sporadic publication of one government-owned 
biweekly and one independent monthly resumed.
    Prior to the rebellion, there were three independent radio stations 
and one government-controlled station in Bissau. In addition Radio 
Portugal and Radio France International broadcasts were received from 
Lisbon and Paris. There were also three community radio stations run by 
the indigenous NGO Action for Development. One independent station 
rebroadcast the British Broadcasting Corporation and another 
rebroadcast the Voice of America.
    The government-controlled national radio transmits from Radio 
Mavegro facilities that it took over in June 1998. The Voice of the 
Military Junta broadcasts from facilities that formerly broadcast Radio 
Bombolom, whose owner sympathized with the rebels. Neither Radio 
Pidjiguiti nor the NGO-assisted community stations have resumed 
operations.
    Unlike the previous year, there were no reports of harassment of 
journalists by government or allied troops, by rebel forces, or by 
ECOMOG troops. Many foreign journalists were able to circulate and 
report on the fighting and associated political developments.
    Academic freedom generally was observed until the outbreak of 
fighting. Schools and research institutions that ceased to function 
after the June 1998 rebellion reopened in most parts of the country in 
March.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government respected this 
right in practice. Government approval is required for all assemblies 
and demonstrations. Prior to the June 1998 rebellion and following the 
May coup, the Government approved all such requests. There were no 
public assemblies or demonstrations between June 1998 and May. 
Following the May coup, numerous organizations held rallies, some of 
which were critical of the Government. In November and December, 
unarmed soldiers conducted unannounced 1-day protests of nonpayment of 
salaries by blocking roads and access to schools and businesses.
    The Constitution provides for freedom of association, and the 
Government respected this right in practice. The Government did not 
prohibit or discourage the formation of associations; however, all 
private associations were required to register with the Government. 
There were no reports of associations being denied registration.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respected this right in practice. While 
religious groups must be licensed by the Government, no applications 
were refused. There are no recent reports that any applications have 
been made. Various faiths, including Jehovah's Witnesses, continued 
missionary activities during the year. The Government includes members 
from all major religious groups. There were no indications that either 
the Government or the rebel forces attempted to interfere with 
religious freedom following the outbreak of fighting.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Prior to the June 1998 uprising, the 
Government generally did not restrict movement within the country, 
foreign travel, or emigration; however, checkpoints and police 
harassment occurred frequently. After the outbreak of fighting, vehicle 
traffic was curtailed severely. Both government and rebel forces 
blocked the road from Bissau to the interior and interfered with the 
free movement of traffic. The Government carefully controlled movement 
within Bissau, prohibiting most traffic. Movement in the interior was 
less restricted but still subject to occasional interference by both 
government and rebel forces. The land borders with Senegal were closed 
to travelers during the early stages of the conflict. Later, Senegal 
allowed humanitarian convoys to transit the border. Land borders with 
Guinea generally remained open. The national airport, which had 
remained under rebel control after the outbreak of fighting, was 
reopened to commercial traffic in May.
    Passports are issued by the Minister of the Interior. In February 
the issuance of passports resumed, after having ceased with the 
outbreak of hostilities in June 1998. Citizens have the right to return 
and are not subject to political revocation of their citizenship.
    The conflict that ended with the May coup caused massive civilian 
dislocation and hardship, but by June most of the 350,000 internally 
displaced persons had returned to their homes. Over 1,000 persons who 
sought refuge in neighboring countries or Europe repatriated 
spontaneously, and another 1,000 who fled are receiving assistance from 
international organizations to repatriate. About 1,800 refugees remain 
in Guinea and 720 remain in Gambia.
    Prior to the conflict, the Government allowed refugees to stay if 
they feared persecution at home. There are no formal provisions to 
recognize refugee status, but it was granted on a case-by-case basis. 
No refugees were deported forcibly to a country where they feared 
persecution. Foreign refugees who fled Bissau with the outbreak of 
fighting are believed to have done so voluntarily. The Government 
provided first asylum to refugees from the conflicts in Liberia, Sierra 
Leone, and the Casamance region of Senegal. A January 1998 U.N. High 
Commissioner for Refugees (UNHCR) census revealed the presence of just 
under 5,000 Senegalese refugees in Guinea-Bissau. The majority of these 
were found along the country's western border with Senegal. Prior to 
the outbreak of hostilities, the UNHCR established a refugee camp south 
of the border region at Jolomete, which housed about 700 refugees. 
After the May coup, the UNHCR continued efforts to relocate these 
refugees, most of whom were displaced internally when the fighting 
erupted within Guinea-Bissau.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    In November voters were able to choose their government freely for 
the second time in the nation's history. The African Party for the 
Independence of Guinea-Bissau and Cape Verde (PAIGC), the country's 
only legal party from 1974 to 1991 and the majority party in the 
National Assembly until the November elections, won 24 of the 102 seats 
in the National Assembly, while opposition parties gained a majority. 
The Partido de Renovacao Social (PRS) won 38 seats, and the Resistencia 
da Guine-Bissau (RGB) won 29 seats, while 4 other parties will split 
the remaining 11 seats. The elections, which included candidates from 
13 parties, as well as several independents, were judged to be 
generally free and fair by international observers, although they 
reported some irregularities. Local elections have been promised since 
1995, but they had not been held by year's end, and no substantive 
progress has been made to prepare for them.
    In preparation for the elections, the National Electoral 
Commission, with the assistance of the UNOGBIS, conducted a voter 
registration program among the estimated 1.2 million population. 
Compared with 395,000 voters registered for the country's first 
multiparty elections in 1994, the current rolls show 525,367 voters. 
About 400,000 persons voted in the November 28 elections.
    PRS leader Koumba Yala and interim President Malan Bacai Sanha of 
the PAIGC led a field of 12 candidates for president. Neither candidate 
secured an absolute majority as required by law, and Yala and Sanha 
will face each other in a second round of voting on January 16, 2000. 
The inauguration of the new government is expected to follow soon 
thereafter.
    Joao Bernardo Vieira, who had been elected President in the 
country's first multiparty elections in 1994, fled to exile in Portugal 
following the May coup. He had ruled the country since taking power in 
a 1980 coup. Prior to the November 28 elections, the PAIGC held 62 of 
100 seats in the National Assembly, where 4 other parties were 
represented.
    General Mane and the Junta consistently declared that they would 
stay out of politics once a new civilian government was elected, but 2 
weeks before the elections a ``Magna Carta'' was published demanding a 
10-year role for the Junta. The Junta denied authoring the ``Magna 
Carta'' and repeated its commitment to return to the barracks after the 
elections; however, adequate and timely payment of soldier and veteran 
benefits is a continuing concern.
    Women are underrepresented in the National Assembly, where they 
occupy only 9 of the 102 seats. In the Government of National Unity 
inaugurated in February, 1 of 10 cabinet ministers was a woman.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government did not interfere with the Guinea-Bissau Human 
Rights League (LGDH), and international human rights groups continued 
to investigate human rights abuses without government harassment. 
International and nongovernmental human rights groups, which 
effectively ceased operations with the outbreak of hostilities in June 
1998, resumed activities following the inauguration of a government of 
national unity in February.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution and law prohibit discrimination on the basis of 
sex, race, and religion. However, in practice, the Government does not 
enforce these provisions effectively.
    Women.--Physical violence, including wife beating, is an accepted 
means of settling domestic disputes. Although police intervene in 
domestic disputes if requested, the Government has not undertaken 
specific measures to counter social pressure against reporting domestic 
violence, rape, incest, and other mistreatment of women.
    Discrimination against women persists, although officially it is 
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 toemployment. Among certain ethnic 
groups, women cannot own or manage land or inherit property.
    Children.--The Government allocates only limited resources for 
children's welfare and education.
    Female genital mutilation (FGM), which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, is widely practiced within certain ethnic groups, 
especially the Fulas and the Mandinkas. The practice is increasing as 
the population becomes more Muslim, and is being performed not only on 
adolescent girls, but also on babies as young as 4 months old. The 
Government has not outlawed the practice. However, it has formed a 
national committee, which is conducting a nationwide education campaign 
to discourage it. International NGO's, including the Swedish group 
Radda Barnen and Plan International, as well as several domestic NGO's, 
such as Friends of Children and Sinim Mira Nasseque, are working 
through the national committee to eliminate FGM. The efforts of both 
domestic and international groups, largely suspended after the outbreak 
of fighting in June 1998, resumed in many parts of the country in 
February.
    People with Disabilities.--There is no legislation mandating 
accessibility. The law does not prohibit discrimination against the 
disabled specifically, and the Government does not ensure equal access 
to employment and education. The State has made some efforts to assist 
disabled veterans through pension programs, but these programs do not 
address adequately veterans' health, housing, and food needs.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides all 
civilian workers with the freedom to form and join independent trade 
unions. However, the vast majority of the population works in 
subsistence agriculture. Most union members are government or 
parastatal employees; 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 close 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 for workers from retribution for strike activities.
    The only legal restriction on strike activity is the requirement 
for prior notice. Legal strikes have been conducted by several unions, 
with no retribution against the strikers in the past; there were no 
strikes during the year.
    Both enforcement of the law and the functioning of the formal 
economy, which largely ceased after the outbreak of hostilities in June 
1998, returned to preconflict levels following the inauguration of a 
government of national unity in February.
    All unions are able to affiliate freely with national 
confederations and international labor organizations of their choice.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution does not provide for or protect the right to bargain 
collectively, and there were no instances of genuine collective 
bargaining. Most wages are established in bilateral negotiations 
between workers and employers, taking into consideration the minimum 
salaries set annually by the Government's Council of Ministers.
    The Government's provisions for the protection of workers against 
antiunion discrimination have very little effect due to low union 
membership. Although the Government adopted no laws to establish penal 
sanctions against employers practicing such discrimination, no workers 
have alleged antiunion discrimination, and the practice is not believed 
to be widespread.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--Forced or compulsory 
labor, including that performed by children, is prohibited by law, and 
these prohibitions generally are enforced in the formal sector; 
however, children often are forced by their parents or guardians to 
work as street traders or agricultural laborers in the informal sector 
(see Section 6.d.). The Government has not taken action to combat such 
practices.
    In 1996 the Armed Forces Chief of Staff, General Ansumane Mane, was 
arrested after several children died in an explosion that occurred when 
they were forced to prepare shell cases for sale to Casamance rebels. 
Mane was placed under house arrest, but never formally charged; he 
ultimately was pardoned and reinstated by President Vieira.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The General Labor Act of 1986 established a minimum age of 
14 years for general factory labor and 18 years for heavy or dangerous 
labor, including all labor in mines. These minimum age requirements 
generally are followed in the small formal sector, but the Ministry of 
Justice 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.
    Forced or compulsory labor by children is not permitted by law; 
however, while this prohibition generally is enforced in the formal 
sector, such labor occurs in the informal sector (see Section 6.c.).
    e. Acceptable Conditions of Work.--The Government's Council of 
Ministers annually establishes minimum wage rates for all categories of 
work but does not enforce them. The lowest monthly wage is 
approximately $15 (9,000 cfa francs). This wage is insufficient to 
provide a decent standard of living for a worker and family, 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. With the 
breakdown of the formal economy in June 1998, most of the country 
returned to barter, and both the Government and the private sector 
lacked the funds to pay salaries. Following the inauguration of a 
government of national unity in February, activity in the formal 
economy started to return to preconflict levels, and the Government was 
able to pay most salary arrearages.
    The Ministry of Justice 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, these 
standards are not enforced, and many persons work under conditions that 
endanger their health and safety.
    Workers do not have the right to remove themselves from unsafe 
working conditions without losing their jobs. In view of high 
unemployment, a worker who left for such reasons would be replaced 
readily.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons, and there were no reports that persons were trafficked in, to, 
or from the country.
                                 ______
                                 

                                 KENYA

    Kenya is a republic dominated by a strong presidency. President 
Daniel Arap Moi, who has led the Kenya Africa National Union (KANU) and 
served as President since 1978, was reelected most recently in 1997, in 
the country's second general election since the restoration of 
multiparty politics in 1991. Since independence in 1963, no president 
ever has left office in consequence of an election, and KANU has 
controlled both the presidency and the national legislature 
continuously, although other parties were illegal only from 1982 to 
1991. KANU again won a majority in the 1997 legislative elections and 
at year's end, after KANU victories in all by-elections held during the 
year, KANU members held 118 of 222 seats in the unicameral National 
Assembly. While there were numerous flaws in the 1997 elections, 
observers concluded that the vote broadly reflected the popular will. 
In addition to his role as President, Moi is the commander in chief of 
the armed forces and he controls the security, university, civil 
service, judiciary, and provincial, district, and local governance 
systems. The judiciary is subject to executive branch influence.
    In addition to the armed forces, there is a large internal security 
apparatus that includes the police Criminal Investigation Department 
(CID), the National Security Intelligence Service (NSIS, formerly the 
Directorate of Security and Intelligence, DSI), the National Police, 
the Administration Police, and the paramilitary General Services Unit 
(GSU), which details members on a rotating basis to staff the 700-man 
Presidential Escort. The CID investigates criminal activity and the 
NSIS collects intelligence and monitors persons whom the State 
considers subversive. Members of the security forces continued to 
commit serious human rights abuses.
    The large agricultural sector provides food for local consumption, 
substantial exports of tea, coffee, cut flowers, and vegetables, and 
approximately 70 percent of total employment. Although many sectors 
continued to be dominated by state-owned monopolies, the nonfarm 
economy includes large privately owned light manufacturing, commercial, 
and financial sectors. Tourism was second only to tea exports as the 
largest single source of foreign exchange. Since 1997 major 
international financial institutions have suspended nonproject 
assistance due to widespread government corruption associated with a 
lack of transparency and accountability. During the year, annual per 
capita gross domestic product remained virtually unchanged in real 
terms, at an amount equivalent to about $278. The spread of HIV/AIDS, 
which was estimated to have infected about 14 percent of the adult 
population, as well as drought and famine in some rural areas during 
the year, exacerbated economic problems.
    The Government's overall human rights record was generally poor, 
and serious problems remained in many areas; while there were some 
signs of improvement in a few areas, the situation worsened in others. 
Security forces committed an increased number of extrajudicial 
killings, and continued to torture and beat detainees, use excessive 
force, rape, and otherwise abuse persons. Prison conditions remained 
life threatening. Police arbitrarily arrested and detained persons. The 
Government arrested and prosecuted a number of police officers for 
abuses; however, most police who perpetrated abuses were neither 
investigated nor punished. Lengthy pretrial detention is a problem, and 
the judiciary is subject to executive branch influence. The authorities 
infringed on citizens' privacy rights. The Government limited freedom 
of speech and of the press, and carried on a campaign of harassment, 
intimidation, and economic pressure against newspapers that often were 
critical of the Government. Police repeatedly harassed and arrested 
journalists. However, the Government partially relaxed its domination 
of domestic broadcast media. The Government repeatedly restricted 
freedom of assembly, and police used force to disperse demonstrators 
and protestors. The Government restricted freedom of association. 
Police disrupted public meetings, and security forces harassed and 
arbitrarily detained political dissidents, including opposition party 
legislators. The Government at times interfered with the activities of 
religious groups. Police shot and killed five unarmed worshippers at a 
mosque, and the Government published a report accusing several 
religious denominations and other groups of satanism. Citizens' ability 
to change their government peacefully has not yet been demonstrated 
fully. The Government continued to limit the independence of its 
Standing Committee on Human Rights, and the President continue to 
criticize nongovernmental human rights organizations. Violence and 
discrimination against women and abuse of children remained serious 
problems. Female genital mutilation (FGM) remained widespread, child 
prostitution increased as economic conditions deteriorated, and the 
spread of AIDS created many orphans. There was some discrimination 
against the disabled, and discrimination and violence against religious 
and ethnic minorities remained problems. The Government continued to 
exacerbate ethnic tensions by discriminating against many ethnic 
groups; interethnic tensions continued to result in numerous violent 
conflicts and some deaths. There were reports of an increasing number 
of ritual murders associated with traditional indigenous religious 
practices, which contributed to growing public concern about satanism. 
The Government continued to limit some worker rights. Child labor 
remained a problem, and there were instances offorced child labor. 
Violence by mobs and by nongovernmental armed groups from neighboring 
countries also resulted in many deaths.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Security forces 
continued to use lethal force and committed a number of extrajudicial 
killings. According to government figures, police killed 63 suspected 
criminals and another 151 suspects/detainees died in police custody 
from January to October. However, the nongovernmental Kenyan Human 
Rights Commission (KHRC) reported that police killed 187 persons from 
January to September (compared to 164 persons during the same period in 
1998), including at least 24 by torture. The Independent Medico-Legal 
Unit, which observes and performs postmortems on suspected victims of 
torture, recorded 39 cases of death from ``internal hemorrhage due to 
external trauma'' (i.e., torture) of individuals in police custody 
during the first 8 months of the year. Police lacked restraint in 
employing lethal force, and the Government generally failed to take 
appropriate action against members of the security forces accused of 
extrajudicial killings. Although Assistant Commissioner of Police 
Stephen Kimenchu apologized to citizens at a human rights meeting in 
December 1998 for police torture and abuse, which he said occurred at 
the behest of politicians, the Police Commissioner's office withdrew 
the apology 2 days later.
    In January police opened fire on a crowd of rice farmers in Mwea 
who were protesting the rice purchasing and selling practices of the 
National Irrigation Board, a state-owned entity that monopolizes rice 
distribution; police killed two of the farmers.
    In March police shot and killed Ibrahim Kullow Hussein and nearly 
killed his brother, apparently while arresting them for robbery. The 
surviving brother, who denied the robbery charges, accused police of 
taking him and his brother to a remote location to execute them 
summarily.
    In June police in Mombasa shot and killed two suspected criminals, 
Victor Polo and Vincent Odhiambo, during an arrest.
    On August 13, police killed five Muslim worshipers in the Anas Bin 
Malik Mosque in Chai village, near Mombasa. A dozen policeman went to 
the mosque during a religious ceremony to arrest a man accused of 
assault. One policeman, Peter Ndirangu, entered the mosque to make the 
arrest. An altercation ensued, and other police officers shot 
indiscriminately through the windows and killed Imam Mohamed Ali 
Mwatakucha, Said Ali Mwajefwa, Ali Mohamed Mwadida, Neru Bakari Marika, 
and Alfan Matano Mwagoga. As the worshippers fled, someone slashed 
Ndirangu with a farm tool, killing him. Muslim leaders accused police 
officials of taking two of the victims, who they believe survived the 
mosque shooting, to a remote location, and of killing them. Post mortem 
studies indicate that at least two of the worshipers died from gunshot 
wounds to the head, fired from a distance of less than 6 feet. The 
Government charged two police officers, Julius Mugambi M'nabere and 
Stephan Musau Kilonzo, with murder. The case is pending before the 
court.
    In September police ambushed, shot and killed two armed men as they 
arrived at a bank in downtown Nairobi; the police had been informed in 
advance that they intended to rob the bank.
    Most police killings occurred during the pursuit of criminal 
suspects; however, a number involved innocent bystanders. Ahluwalia 
Subir Ahluwalia died in April when police, responding to his family's 
report of a burglary at their home, opened fire on him, his mother, and 
sister as they rushed Ahluwalia's father to the hospital for gunshot 
wounds suffered at the hands of the robbers. The family claims that, 
although it was late at night and the police could not see the victims, 
the police began shooting without warning. On September 15, Mwanzia 
Mutuku, a Nairobi bank worker, was shot and killed when police raided 
and opened fire on a night club below Mutuku's apartment.
    Some of the persons who died in police custody apparently were 
victims of torture. According to the KHRC, David Muragi, a grammar 
school student, died at home on February 3 after spending a night in 
the Rumuriti town prison. Before dying, he told his family that a 
police officer had beaten him. Police claimed that a mob had beaten 
Muragi for theft prior to his arrest. Elijah Kimani Mwaura's family 
alleged that police beat him to death in February while he was in 
custody in the Webuye police station. Francis Muchai claims to have 
witnessed two Kiambu police officers torture and beat to death Peter 
Kariuki on July 17 while he was in police custody. The 25-year-old 
Kariuki was arrested for theft a few hours earlier. According to press 
reports, four warders at the Kamiti Maximum Security Prison beat 
Kennedy OukoNyanoti in July, then dropped him off at a hospital, where 
he lay in a coma for 6 days before dying. On July 9, Jacob Anaseti 
(also known as Jacob Wanyoni Masese) and Ramadhani Barula (also known 
as Ramadhan Bakari) died of internal bleeding while in police custody 
in Bungoma; they were among 78 passenger van touts arrested during a 
countrywide strike by passenger van drivers (see Section 6.a.). 
Ephantus Njagi Nguthi died in late December 1998 from a fractured skull 
and other injuries that he reportedly received while in custody in 
Matanya, Laikipia district. Police reportedly had beaten his testicles. 
Two officers were arrested in the case.
    In December 1998, Godwin Mukhwana, a member of the Presidential 
Escort, reportedly shot and killed Jamal Abedi and Henry Musyoka, the 
driver and tout of a passenger van driver, after their vehicle blocked 
a Presidential Escort vehicle; Mukhwana was arrested and charged with 
two counts of murder on December 16, 1998. The case was pending at 
year's end.
    At year's end, several other cases of 1998 extrajudicial killings 
remained unresolved. Police opened an investigation into the June 1998 
shooting death of Pastor Simeon Kiti Mwangoma (or Mwangalee) by Kilifi 
police, but took no further action; police maintain Mwangoma was the 
leader of a notorious gang. Police opened no investigation into the 
1998 police shooting death of Simon Githinji Kigera, also a policeman, 
in Nairobi; police maintain they shot in self defense. The State opened 
no investigation and took no other action in the death of Vincent 
Nyumba Kiema due to a police beating; in the death after torture by 
army personnel of Sheik Mohammad Yahyah; and in the death in police 
custody in Kitui of Muthoka Mukele after he apparently was beaten. Army 
officer Aden Almi and police officers Faneis Malaba Mbiya and Kennedy 
Bitange faced charges of murder in connection with the death in police 
custody in Garissa of Ali Hussein Ali; the case was pending at year's 
end. The trial of the suspects in the 1998 murder of Seth Sendashonga 
was ongoing at year's end. In separate cases, Kitui authorities charged 
assistant chief Simeon Mwandingga with inciting the 1998 mob killing of 
Kamwila Kamungu, and another assistant chief, Josephine Matalu, with 
instigating the 1998 beating death of Kiema Mwisuve (see Section 5). 
There were no known developments in the case of the 1998 death of 
Alfred Kang'ethe after beatings by the Uthiru police.
    A public inquest into the January 1997 death of Catholic lay 
brother Larry Timmons in Njoro had not concluded at year's end. The 
inquest into the death of University of Nairobi student Solomon Muruli 
resulted in a court ruling that he most likely committed suicide. 
Inquests also continued into the 1997 deaths in police custody of Moses 
Macharia Gicheru and Lomurodo Amodoi. There were no investigations into 
the 1997 deaths in police custody of Joseph Muangi Muiruri, Irungu 
Kimani, Noah Njunguna Ndung'u, Joseph Ndung'u Njoroge, James Gitau 
Kuanju, or Julius Mwangi Njoroge.
    There were no effective police investigations into many other cases 
of extrajudicial killings by members of the security forces. The 
authorities usually attribute the absence of an investigation into an 
extrajudicial killing to the failure of citizens to file official 
complaints. However, the form required for filing complaints is 
available only at police stations, which often lack the forms or are 
not forthcoming in providing them. There also is considerable public 
skepticism of a process that assigns the investigation of police abuse 
to the police themselves.
    Hundreds of prisoners died in custody due to life-threatening 
prison conditions, including inadequate food and medical treatment (see 
Section 1.c.). The Government recorded 196 deaths in prisons from 
January to October.
    Interethnic violence in rural areas continued to cause many deaths 
(see Section 5).
    Mob violence increased. According to the KHRC, 157 persons were 
killed in mob violence between January and September, compared with 139 
such deaths in all of 1998. The Government recorded 183 deaths due to 
mob violence between January and September. Human rights observers 
attribute mob violence to a lack of public confidence in the police and 
the judicial process. The great majority of mob violence victims, who 
died by lynching, beating, or burning, were persons suspected of 
criminal activities, including robbery, cattle rustling, and membership 
in terror gangs. However, the social acceptability of mob violence also 
provided cover for personal vengeance under the guise of ``mob 
justice.'' On November 9, a group of about 100 students at the Sang'alo 
Institute of Science and Technology beat and killed the Institute's 
principal, whom the students accused of mismanagement.
    Occasionally, mobs killed members of their communities on suspicion 
that they practiced witchcraft (see Sections 2.c. and 5). There were no 
known statistics about the number of deaths during the year due to mob 
violence against persons suspected of practicing witchcraft, which 
resulted in 16 deaths in 1998.
    In January in the town of Moyale, near the Ethiopian border, a 
group of armed men in uniform shot and killed an Islamic cleric, 
assistant kadi Haji Hassan Muhammad, who reportedly sympathized 
publicly with the Oromo ethnic insurgency in Ethiopia. Residents of the 
area have long alleged that members of the armed forces of the 
Government of Ethiopia often cross into the country to kill or kidnap 
alleged sympathizers of the Oromo Liberation Front (OLF).
    b. Disappearance.--George Matata, a student protest leader at 
state-owned Moi University in Nairobi, reportedly disappeared on 
October 20; students rioted to protest his reported disappearance and 
authorities briefly closed the university. Matata reappeared a few days 
later and claimed that police in Eldoret had abducted, tortured, and 
released him; however, no evidence in support of that allegation was 
reported. There were no other reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution states that ``no one shall be subject to 
torture or degrading punishment or other treatment;'' however, security 
forces continued to use torture and physical violence as methods of 
interrogation and to punish both pretrial detainees and convicted 
prisoners. Although police authorities periodically issue directives 
against the use of torture by police, the problem persists. Human 
rights organizations and the press highlighted scores of cases of 
torture, and several cases of indiscriminate beating of groups of 
persons by police during the year. Common methods of torture practiced 
by police included hanging persons upside down for long periods, 
genital mutilation, electric shocks, and deprivation of air by 
submersion of the head in water. The KHRC counted 24 torture related 
deaths in the first 9 months of the year (see Section 1.a.).
    There were numerous allegations of police use of excessive force 
and torture. The KHRC recorded 323 cases of police brutality in the 
first 9 months of the year. Detainees routinely claimed that they had 
been tortured, making it difficult to separate real from fabricated 
incidents. Among the more credible allegations of police torture 
reported by the KHRC and the press were the cases of: Jeremiah Kasuku, 
who was assaulted and illegally detained in January in Keiyani by GSU 
officers and District Officer S. Kepketch (see Section 1.d.); Peter 
Macendu, who was whipped and beaten unconscious by six policemen in 
February in Kerugoya; Julius Muhoro Mugo, who was tortured for 2 days 
by CID officers sometime before March; Duncan Ndwega, a CID officer, 
who was tortured by the Flying Squad (a quick response, antitheft unit 
of the police force) in April; Geoffrey Mbuthia Nduati, who claims that 
police unleashed dogs on him while he was in custody in September in 
Nyeri's Karatina Police Station; and Johnnes Musyoka Kimonyi, who 
attributes his loss of eyesight to beatings by police in Buru Buru.
    In February David Makali, the editor of Expression Today, a 
Nairobi-based newspaper, reportedly was kidnaped by a group of 
unidentified men who drove him to Karura Forest outside Nairobi and 
tortured him there. Makali later identified one of his assailants as a 
man shown in press photographs engaged in beating the Reverend Timothy 
Njoya during a protest march on June 10, and asserted credibly that he 
is a member of the Jeshi la Mzee group of KANU Youth organized and 
employed by Fred Gumo of the Office of the President (see Section 
2.a.). Makali's assailants allegedly demanded information about the 
whereabouts of the author (then in hiding) of an article published in 
Expression Today that asserted the complicity in drug trafficking of 
senior government officials including Gumo.
    According to organizations that work with street children, police 
also beat and abuse street children (see Section 5). The WEMA Street 
Girls Center sought to press charges against two Mombasa police 
officers for raping a 13-year-old street girl in May. The girl 
identified the officers, Mwinge Chula and Peter Ndwiga, who were 
arrested in May and await trial.
    Residents of Balessa and El Hadi in the north credibly accused 
security forces, both army and police, of beating or torturing 
residents of those villages on May 22-23, during an operation to flush 
out OLF insurgents who crossed the border from Ethiopia. A group of 
five persons, including a Catholic priest and two nurses who visited 
Balessa and El Hadi on May 23, documented the beatings and torture of 
six of the most seriously injured persons both through photographs and 
in detailed written accounts of the victims' oral statements; some of 
this evidence was published in a Nairobi newspaper, together with 
letters of protest from village leaders, on May 29. Although a military 
team dispatched to investigate the incident found no evidence to 
substantiate the claims, the army's rules of engagement for joint 
security operations reportedly permitted the use of nonlethal force, 
including beatings, to obtain from noncombatants information needed to 
achieve operational objectives.
    Police repeatedly used excessive force in breaking up 
demonstrations and beat citizens (see Sections 2.b. and 6.a.).
    During the vote counting following a January 16 National Assembly 
by-election in Eastern province, police used wooden clubs and tear gas 
to disperse a crowd outside the vote counting hall that was protesting 
the announcement of a narrow victory by the KANU candidate based on the 
counting of contested ballot boxes (see Section 3); police then entered 
the vote counting hall and beat opposition members of the National 
Assembly and the leading opposition candidate in the election.
    On January 30-31, police in Nairobi used tear gas, beatings with 
wooden clubs, stones, and rubber bullets to disperse a demonstration by 
university students that became violent after being blocked by police; 
the students were protesting senior government officials' transfer of 
public land in Karura Forest near Nairobi for free or at prices far 
below market prices to persons who had allegedly supported KANU 
financially in the 1997 elections (see Sections 2.b. and 3). Severe 
police beatings injured dozens of students, including several who were 
hospitalized.
    On February 26, police used tear gas and police dogs to block 
National Assembly Members of Parliament (M.P.'s) and farmers from 
holding a rally in Eldoret (see Section 2.b.).
    On April 13, in Nyanza province, police beat and then arrested 
opposition M.P. James Orengo, who was speaking publicly in a town 
market place against unaccountable transfers of public land by 
provincial and county government officials (see Sections 1.d., 2.a. and 
2.b.); police also used tear gas to disperse Orengo's audience.
    Squads of ``KANU Youth,'' including the Jeshi la Mzee squad 
allegedly organized and paid by Fred Gumo of the Office of the 
President, and Nairobi police used beatings and tear gas to disrupt a 
peaceful rally staged by various religious and civil society groups on 
June 10 to protest the Government's handling of the constitutional 
review process (see Section 3). Presbyterian Reverend Timothy Njoya was 
one of several persons who were beaten and seriously injured. After the 
KANU Youth initiated violence, police joined them in beating 
protesters, whereupon students and unemployed youths joined the 
protest, which degenerated into street battles and looting.
    On June 20, in Machakos, police resorted to tear gas and force to 
break up a public meeting held by KANU and opposition M.P.'s to discuss 
issues of concern to the Kamba ethnic group (see Sections 2.b. and 5). 
In a separate event the same day, the Meru police chief, in an attempt 
to stop M.P.'s from holding a public meeting, reportedly punched and 
kicked opposition M.P. James Orengo (see Section 2.b.).
    On October 21, police used force to disperse a demonstration by 
students of the Kabete Technical Insititute protesting an allegedly 
illegal allocation of public land to a local church; the demonstration 
became violent and students threw rocks at police after the police 
prevented the students from leaving the campus and then entered the 
grounds of the Institute (see Section 2.b.).
    During the year the Government investigated some allegations of 
police use of excessive force and torture, and prosecuted several 
police officers. According to the Government, 12 police officers were 
charged and sentenced during the first 9 months of the year, and the 
Government recorded only five reported cases of torture during that 
same period. In October the High Court awarded Elias Mbabu 
approximately $70,000 (4.8 million shillings) for police brutality he 
suffered in 1994. The court also ordered the arrest of the offending 
officers.
    Caning continued to be used as punishment in cases such as rape 
(see Section 5).
    Prison conditions are often life threatening, due both to a lack of 
resources and to the Government's unwillingness to address deficiencies 
in the penal system. Prisoners are subjected to severe overcrowding, 
inadequate water, poor diet, substandard bedding, and deficient health 
care. Police and prison warders subject prisoners to torture and 
inhuman treatment (see Section 1.a.). Rape of both male and female 
inmates, primarily by fellow inmates, is a serious problem, as is the 
increasing incidence of AIDS. Disease is widespread in prisons and the 
death rate is high. Prisons do not have resident doctors, and only one 
prison had a doctor permanently assigned. Prisoners sometimes are kept 
in solitary confinement far longer than the maximum 90 days allowed by 
law.
    According to the Government, 196 prisoners died in jails during the 
first 9 months of the year, compared with 536 in 1998 and 631 in 1997, 
due chiefly to anemia, heart attack, malaria, typhoid fever, dysentery, 
tuberculosis, and AIDS. The country's 83prisons are severely 
overcrowded, averaging 30 percent above holding capacity, with a daily 
average of 33,610 inmates in 1998 (latest available figures).
    Officially, men, women, and children are kept in separate cells. 
However, there are reports of men and women being placed in cells 
together. Women sometimes lack access to sanitary napkins and often 
have only one change of clothes, leaving them naked during washing of 
their laundry. Young teenagers frequently are kept in cells with adults 
in overcrowded prisons and detention centers. Youth detention centers 
are understaffed, and inmates have minimal social and exercise time. 
Some young inmates remain for years in the centers, as their cases 
await resolution. Prisoners and detainees report that they frequently 
are denied the right to contact relatives or lawyers (see Section 
1.e.).
    In July press reports highlighted the substandard conditions in the 
prisons. Although in August Shariff Nassir, who was then Minister for 
Home Affairs and in charge of the prison system, stated that prisons 
were heavily congested and that the Government intended to present a 
bill to Parliament to improve prison conditions, no action was taken by 
year's end.
    The Government does not permit independent monitoring of prison 
conditions, although some independent NGO's work with the Government in 
evaluating torture cases and performing autopsies on deceased 
prisoners. In October officials of Kimiti Maximum Security Prison 
denied U.N. Special Rapporteur for Torture Nigel Rodley access to that 
facility, despite a government agreement to grant him full access (see 
Section 4). The Government apologized and claimed that this happened 
because Rodley had arrived at the prison at a time different from his 
scheduled appointment. There were reports of torture at Kamiti Prison; 
however, Rodley had not released his report by year's end.
    d. Arbitrary Arrest, Detention, or Exile.--Despite constitutional 
protections, police continued to arrest and detain citizens 
arbitrarily. The Constitution provides that persons arrested or 
detained shall be brought before a court within 24 hours in noncapital 
offenses and within 14 days in capital cases. The Penal Code 
specifically excludes weekends and holidays from this 14-day period. 
The law does not stipulate the period within which the trial of a 
charged suspect must begin. Suspects often are held for weeks, even 
months, before being brought to court. The Government has acknowledged 
cases in which persons have been held in pretrial detention for several 
years.
    The KHRC reported that murder suspect Timothy Karani has been in 
custody in Embu for 12 years without being charged, a claim that the 
Government has neither confirmed nor denied.
    The law provides that families and attorneys of persons arrested 
and charged are allowed access to them, although this right often is 
not honored. Family members and attorneys may visit prisoners only at 
the discretion of the State. This privilege often is denied. For those 
who have been charged, it often is possible to be released on bail with 
a bond or other assurance of the suspect's return.
    The Community Service Order Act passed by Parliament in 1998 
subjects those convicted and sentenced to less than 3 years to 
community service rather than custodial sentence, thus potentially 
reducing the prison population; however, the Government has yet to 
implement the act.
    Police arrested and briefly detained many students in connection 
with the late January ecological and political protests against 
nontransparent transfers of public land in Karura Forest by senior 
government officials (see Sections 1.c. and 3). Police released the 
students soon after the protest without charging them.
    On February 2, police arrested three opposition M.P.'s who were 
prominent critics of the Karura Forest land transfers (see Sections 
1.c. and 3): James Orengo, Njehu Gatabaki, and David Mwenje. The 
Government charged them with inciting riots in connection with violence 
that arose from late January protests against those land transfers.
    On February 7, 81 members of the small traditional Mungiki 
religious order of the largely pro-opposition Kikuyu ethnic group were 
arrested and held without bail until March 16, on charges of coercing 
members to take illegal oaths to oppose the Government, holding illegal 
meetings, and possessing offensive weapons (see Section 2.c.).
    On April 13, police in Nyaza province beat and arrested prominent 
opposition M.P. James Orengo, who introduced a motion of no confidence 
in President Moi in the National Assembly in 1998 (see Section 1.c.). 
Orengo and his supporters were arrested while he spoke publicly in a 
town market against nontransparent transfers of public land by 
provincial and county officials and were charged with disturbing the 
peace and with malicious damage to property. Orengo was released on 
bail the next day, followingprotests by other opposition M.P.'s. The 
case was pending at year's end.
    In September CID officers arrested opposition M.P. George Kapten 
for defaming a public official. He had accused the President of being 
at the heart of a major financial scandal, in an interview published in 
August in Finance Magazine. Kapten was released on bail, but in 
November he was charged for subversion in connection with the same 
interview; he died at his home on December 25 (see Sections 1.e. and 
2.a.).
    Police arrested a number of journalists on charges of publishing 
information ``likely to cause alarm to the public'' (see Section 2.a.).
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the judiciary is subject to 
executive branch influence. The President has extensive powers over 
appointments, including those of the Chief Justice, the Attorney 
General, and Appeal and High Court judges. The President also can 
dismiss judges and the Attorney General upon the recommendation of a 
special presidentially appointed tribunal. Although judges have life 
tenure (except for the very few foreign judges who are hired by 
contract), the President has extensive authority over transfers.
    The court system consists of a Court of Appeals, a High Court, and 
two levels of magistrate courts, where most criminal and civil cases 
originate. The Chief Justice is a member of both the Court of Appeals 
and the High Court, which undercuts the principle of judicial review. 
Military personnel are tried by military courts-martial, and verdicts 
may be appealed through military court channels. The Chief Justice 
appoints attorneys for military personnel on a case-by-case basis.
    There were some indications of executive interference. Several 
cases involving opposition M.P.'s have been ongoing for years, with the 
courts repeatedly postponing the hearings, thereby requiring the M.P.'s 
to appear periodically in court or risk fines or imprisonment. In early 
August, the courts fined several publishers of small, pro-opposition 
weeklies for printing without proper licensing (see Section 2.a.); the 
courts had not invoked this colonial-era law in many years. Opposition 
M.P. George Kapten was charged in September with defamation of a public 
official, and in November with subversion, for stating that President 
Moi was the prime suspect in the Goldenberg financial scandal, 
involving businesspersons who reportedly defrauded the Government of 
hundreds of millions of dollars with the apparent complicity of senior 
government officials (see Section 1.d.).
    Judges who ruled against the Government in the past sometimes were 
punished with transfer or nonrenewal of contracts, although during the 
year no retaliatory action against justices was reported.
    However, judges occasionally demonstrated independence. For 
example, in June Justice Richard Kuloba acquitted Merekoi Ole Kokoyo of 
murder charges and criticized the Attorney General's office for not 
presenting any evidence, creating unwarranted delays, and making 
unjustified requests for adjournment.
    Another problem has been the Attorney General's constitutional 
power to discontinue proceedings in private prosecution cases. Arguing 
that citizens must first notify his office before initiating private 
prosecution, Attorney General Amos Wako has used this authority on a 
number of occasions to terminate cases against government officials.
    President Moi's appointment of chief public prosecutor Bernard 
Chunga as Chief Justice of the Supreme Court upon Zachaeus Chesoni's 
death in September was widely criticized in the legal community as 
tending further to reduce the independence of the judiciary; Chunga was 
widely perceived as having been zealous in prosecuting critics of the 
Government, and as having primary loyalties to the President 
personally. After Moi's 1998 appointment of Chunga as lead counsel of 
the Commission on Ethnic Clashes, the Commission was less vigorous in 
calling witnesses to testify about the role of government officials in 
instigating and allowing ethnic violence (see Section 5).
    The judiciary faced many accusations of corruption. In March Chief 
Justice Zaccheus Chesoni was accused of taking a $450,000 (30 million 
shilling) bribe to rule in favor of a plaintiff in a case. Soon 
thereafter, a businessman accused Justice Richard Kuloba of taking a 
$75,000 (five million shilling) bribe. In 1998 the Chief Justice 
appointed a special judiciary commission chaired by Justice Richard 
Kwach to report on the problems of the judiciary. The Kwach Commission 
cited ``corruption, incompetence, neglect of duty, theft, drunkeness, 
lateness, sexual harassment, and racketeering'' as common problems in 
the judiciary. The Commission recommended amending the Constitution to 
allow for the removal of incompetent judges, introducing a code of 
ethics,improving the independence of the judiciary, overhauling the 
Judicial Services Commission (the administrative branch of the 
judiciary), and shifting prosecutorial responsibilities from the police 
to the judiciary. Upon receipt of the report, the Chief Justice in late 
1998 appointed another commission to investigate modalities of 
implementing the Kwach Commission's recommendations for improving the 
judiciary. No action was taken on those recommendations by year's end.
    There are no customary or traditional courts in the country. 
However, the national courts use the customary law of an ethnic group 
as a guide in civil matters affecting persons of the same ethnic group 
so long as it does not conflict with statutory law. This is done most 
often in cases that involve marriage, death, and inheritance issues and 
in which there is an original contract founded in customary law. For 
example, if a couple married under national law, then their divorce is 
adjudicated under national law, but if they married under customary 
law, then their divorce is adjudicated under customary law. Citizens 
may choose between national and customary law when they enter into 
marriage or other contracts; thereafter, however, the courts determine 
which kind of law governs the enforcement of the contract.
    Civilians are tried publicly, although some testimony may be given 
in closed session. The law provides for a presumption of innocence, and 
for defendants to have the right to attend their trial, to confront 
witnesses, and to present witnesses and evidence. Civilians also can 
appeal a verdict to the High Court and ultimately to the Court of 
Appeals. Judges hear all cases. In treason and murder cases, the deputy 
registrar of the High Court can appoint three assessors to sit with the 
High Court judge. The assessors are taken from all walks of life and 
receive a sitting allowance for the case. Although the assessors render 
a verdict, their judgment is not binding. Lawyers can object to the 
appointments of specific assessors.
    Defendants do not have the right to government-provided legal 
counsel, except in capital cases. For lesser charges, free legal aid is 
not usually available outside Nairobi or other major cities. As a 
result, poor persons may be convicted for lack of an articulate 
defense. Although defendants have access to an attorney in advance of 
trial, defense lawyers do not always have access to government-held 
evidence, as the Government can plead the State Security Secrets Clause 
as a basis for withholding evidence. Court fees for filing and hearing 
cases are high for ordinary citizens. The daily rate of at least $25 
(2,000 shillings) for arguing a case before a judge is beyond the reach 
of most citizens.
    Critics of the Government--politicians, journalists, lawyers, and 
students--have been harassed through abuse of the legal process. In a 
1997 study of the judiciary, the International Bar Association found 
``a persistent and deliberate misuse of the legal system for the 
purpose of harassing opponents and critics of the Government.'' 
Authorities continued during the year to arrest opposition M.P.'s and 
student leaders (see Sections 1.b. and 1.d.), and a number of 
opposition M.P.'s, student leaders, and human rights activists still 
had one or more court cases pending, often for months or even years.
    In July the High Court dismissed a legal challenge to President 
Moi's 1997 reelection filed by Mwai Kibaki, chairman of the Democratic 
Party; Kibaki's brief alleged that Moi had rigged the election through 
the Electoral Commission (see Section 3). The High Court dismissed 
Kibaki's electoral petition on the grounds that he had failed to comply 
with a legal requirement to serve a copy of the petition on the 
President personally, despite acknowledging the factual accuracy of 
Kibaki's claim that presidential security consistently had denied him 
personal access to Moi. In December the Court of Appeal upheld the High 
Court's decision on the same grounds.
    In August the Court of Appeal sentenced Post on Sunday editor Tony 
Gachoka to 6 months in prison for contempt, stemming from articles he 
wrote in February alleging that Supreme Court Chief Justice Zaccheus 
Chesoni and other members of the judiciary took large bribes to rule in 
favor of businesspersons implicated in the Goldenberg scandal. The 
court refused to allow Gachoka to present oral evidence. Among the 
panel of seven judges he faced were three he accused by name in his 
writings. The contempt prosecution of Gachoka was initiated by Attorney 
General Amos Wako, whom Gachoka also had identified in his published 
writings, as having conspired to cover up the Goldenberg scandal. 
Because the highest court had original jurisdiction over the case, the 
editor could not appeal its decision (see Section 2.a.). However, the 
President pardoned Gachoka, who was released on November 3, after 
serving 74 days of his sentence.
    In November the High Court suspended the court martial of an army 
major accused of stealing stationery on the grounds that the army had 
denied him his choice of attorney--opposition M.P. James Orengo. In 
response the army contended that the constitutionalright to 
representation by counsel of one's choice did not extend to members of 
the armed forces.
    Gachoka was the only political prisoner reported during the year.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--At times authorities infringed on citizens' privacy 
rights. Although the Constitution provides that ``no person shall be 
subjected to the search of his person or his property or the entry by 
others on his premises,'' it permits searches without warrants ``to 
promote the public benefit.'' The Police Act permits police to enter a 
home forcibly if the time required to obtain a search warrant would 
``prejudice'' their investigation. Although security officers generally 
obtain search warrants, they occasionally conduct searches without 
warrants to apprehend suspected criminals or to seize property believed 
to be stolen.
    During the year, Nairobi police searched the offices of several 
tabloid publications and one NGO, the National Convention Executive 
Council, without warrants. The police continued repeatedly to conduct 
massive warrantless searches (``sweeps'') for illegal immigrants and 
firearms in residential neighborhoods of major cities (see Section 
2.d). The KHRC recorded 3,280 arrests during sweeps between January and 
August. Residents complained that police who entered homes on the 
pretense of searching for weapons often asked for radio, television, 
and video receipts and permits and demanded bribes to refrain from 
confiscating those items in the absence of such documents.
    Security forces have monitored closely the activities of 
dissidents, following or otherwise harassing them. They employ various 
means of surveillance, including a network of informants to monitor the 
activities of opposition politicians and human rights advocates. Some 
opposition leaders, students, journalists and others continued to 
report that the Government subjected them to surveillance, telephone 
wiretaps, or interference with written correspondence.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government broadly 
interprets several existing colonial-era laws to restrict free 
expression. Reforms passed in late 1997 have improved the degree of 
freedom of speech and of the press, which while still limited is 
substantially greater than either 5 or 10 years ago, and the number of 
periodicals critical of the Government continues to grow. During the 
year, the Government also partially relaxed its domination of domestic 
broadcast media. Nonetheless, the Government sporadically harassed 
elements of the print media; there were also several incidents of 
harassment and beating of journalists. Police repeatedly dispersed 
demonstrators to prevent criticism of the Government (see Sections 1.c. 
and 2.b.). Some independent periodicals reported that the business 
community came under pressure from the Government to refrain from 
advertising in these magazines, keeping some on the edge of insolvency. 
In spite of these pressures, the press, civic organizations, and the 
opposition continued to present their views to the public, particularly 
in the print media. Government pressure led journalists to practice 
some self-censorship.
    On the whole, the print media remained candid and independent. 
There is a large variety of weekly tabloid publications highly critical 
of the Government. Reporting in these tabloids ran the gamut from 
revealing insider reports to unsubstantiated rumor mongering.
    The mainstream print media include four daily newspapers that 
report on national politics. The largest newspaper, the Nation, is 
independent and often publishes articles critical of government 
policies. The second largest newspaper, the East African Standard, is 
controlled by an investment group with close ties to the Government and 
the ruling KANU party. It is generally, although not automatically, 
supportive of the Government. The third daily newspaper, The People, 
formerly a weekly, is owned by an opposition politician and is highly 
critical of the Government. The fourth daily, the Kenya Times, which 
has a small circulation and is struggling to keep afloat financially, 
reflects KANU party views.
    A pattern of sporadic government harassment of the print media 
continued. On December 20, President Moi, speaking to delegates to a 
KANU conference in Nairobi, criticized The Nation and The People 
newspapers, stating that they practiced ``terrorism and distortion.'' 
Moi advised the delegates not to buy those newspapers. Moi was widely 
quoted as saying that the media are the worst enemies of democracy. 
Moi's remarks were broadcast nationally on state-owned radio. Energy 
Minister Lotodo told a gathering of political supporters that no 
journalist ``should set foot'' in West Pokot (an area of intense cattle 
rustling), andthat any journalist who went there risks harsh 
punishment. An assistant minister in the Office of the President, Fred 
Gumo, a member of the Luhya ethnic group, threatened in February to 
have journalists who publish articles critical of his ethnic group 
beaten. A few days earlier, a group of thugs abducted, beat, and 
released Expression Today editor David Makali (also a Luhya), saying 
that they were angry about and sought to find the author of an article 
that Makali published in February, which asserted that government 
officials were complicit in narcotics trafficking. Makali subsequently 
identified one of his aggressors, and asserted that he has been 
employed by Gumo (see Section 1.c.), but later withdrew a request that 
Gumo and the alleged assailants be prosecuted. In May the Kenya Union 
of Journalists and the Media Institute issued a statement that alleged 
that during the preceding 12 months there had been a ``steady rise in 
cases of open violence against journalists by state agents and lately, 
by gangs of the payroll of powerful individuals.''
    The Government also has attempted to intimidate the pro-opposition 
press by selective prosecution of journalists under a colonial-era 
section of the Penal Code that criminalizes the publication of 
information likely to cause fear or alarm. Johan Mwangi Wandeto, a 
journalist for the People, was arrested on March 8 for publishing a 
story that alleged that bandits held up the presidential escort. People 
journalist Mohammed Sheikh was arrested in June for publishing an 
``alarming'' article. The editor of The Dispatch, Maneno Mwikwabe, is 
facing similar charges for articles he wrote in 1998.
    Harassment of the tabloid press continued. In early July, police 
raided the offices of the Nairobi printing firm Junior Graphics and 
confiscated films and four printing plates for The Concord Weekly, the 
Weekly Express, the Metropolitan, the Dispatch and the Citizen. The 
Concord publisher Paul Kimani subsequently faced charges of publishing 
without proper licensing. In August police raided the offices of the 
Metropolitan, arresting employees Oliver Litodo and Mula Mulamula for 
similar reasons. Police made a sweep of Nairobi print media vendors in 
September, confiscating sexually oriented magazines.
    A weekly and a biweekly publication--the Post on Sunday and 
Finance--which were refused registration in 1998, continued publishing 
in early 1999 without apparent restraint. However, The Post on Sunday 
was forced to suspend publication in August, following the conviction 
of its editor Tony Gachoka and the associated fine of about $14,000 
(Ksh 1 million) imposed on the publication (see Section 1.e.). On 
August 20, Gachoka received a 6-month jail sentence from the Court of 
Appeal for contempt of court (libel against the judges), stemming from 
articles he wrote accusing government officials of corruption (see 
Sections 1.d. and 1.e.).
    CID officers arrested opposition M.P. George Kapten, and he was 
subsequently charged with defaming a government official and with 
subversion, in connection with an interview, published in August in 
Finance Magazine, in which he indicated that President Moi was 
implicated in the Goldenberg finance scandal (see Section 1.d.).
    The Government maintained tight control over the electronic 
broadcast media--particularly radio, the principal news medium for most 
citizens. It controls the Kenya Broadcasting Corporation (KBC), which 
operates the country's premier radio, broadcast television, and cable 
television networks. KBC stations do not criticize the Government and 
give a large share of news time to government or KANU party functions 
and scant coverage to opposition activities. KANU supporters also own 
three other television networks--Kenya Television Network (KTN), which 
airs news programs with somewhat more balanced political coverage, 
Stellavision, and Citizen TV, which began broadcasting during the year. 
The KTN is restricted to the Nairobi metropolitan area. Citizen Radio 
covers much of central Kenya, whereas Citizen TV can be viewed only in 
parts of Nairobi. Their news programs during the year were quite 
objective. Family TV and Radio, a Christian broadcasting network, began 
broadcasting television and radio in the Nairobi metropolitan area in 
midyear. Nation Radio began broadcasting in October, and Nation 
Television followed in December, providing independent media coverage.
    The Government continued to delay action on a large number of radio 
and television license applications through most of the year, 
reflecting the arbitrariness of the broadcast licensing process. The 
Ministry of Information, Transport, and Communication, formerly the 
Ministry of Information and Broadcasting, explained that it was waiting 
for the recommendations on media liberalization from the Attorney 
General's Task Force on Press Law. That Task Force made its initial 
report in December 1998, but still has several outstanding issues to 
resolve, including the manner of selection of the 13-member Media 
Commission, which would act as an independent body issuing broadcast 
licenses. In 1997 the Government issued four broadcast licenses, three 
to friends of the ruling KANU and one to the British Broadcasting 
Corporation (BBC). In May 1998, after a delay of 7 years, the 
Governmentfinally issued a radio and television broadcast license to 
the Nation Media Group, the country's largest media organization. 
However, it restricted the license area to Nairobi, and it delayed 
issuing broadcast frequencies until late the same year. Nation Media 
Group received in 1999 authorization for radio broadcasts in Nairobi, 
Mombasa, Kisumu, and Nakuru, and began radio transmission to Nairobi in 
October and television broadcasts to the capital in December. Nation 
also sued the Government for permission to broadcast radio and 
television nationwide, but the case was still before the courts at 
year's end. The Ministry for Information, Transport and Communication 
has licensed a total of 12 television and 20 radio stations to date, 
although only 5 private television stations (KTN, Citizen, Family, 
Nation, and Stellavision) and 7 private radio stations (Citizen, 
Family, Sayare Rehema, Capital, Nation Radio, BBC Nairobi, and BBC 
Mombasa) are operational. In 1998 the Ministry approved radio and 
television broadcast licenses for a Muslim group and for a Christian 
group. In March the Ministry of Information, Transport, and 
Communication licensed four religious organizations to operate a radio 
station and three television stations: one Islamic station, and three 
Christian stations in the coastal, central and western regions. At 
year's end they had been assigned broadcasting frequencies, but had not 
yet begun to broadcast.
    The KBC remained the only domestic source of current information 
for most persons outside the Nairobi area. This continued severely to 
limit the ability of opposition leaders and other critics of the 
government to communicate with the electorate.
    During the 1997 election campaign the Electoral Commission directed 
that the KBC accord equal treatment to all political parties; however, 
this directive was not implemented fully. KBC coverage remained heavily 
biased in favor of KANU and President Moi. Moreover, the KBC's limited 
coverage of the opposition was generally negative, compared with 
uniformly positive coverage of KANU. Opposition politicians accused the 
Government of using similar tactics in the year's by-elections.
    Representatives of the international media remained free to 
operate.
    The Government does not restrict access to the Internet. There are 
about 20 domestic Internet service providers, which generally are 
privately owned. Internet access is limited only by economic and 
infrastructual factors, and is fairly widespread in urban areas.
    A total of 79 publications remained banned, including such works as 
``The Quotations of Chairman Mao Zedong'' and Salmon Rushdie's 
``Satanic Verses.'' The courts lifted the ban on the Catholic 
periodical Inooro in 1997, and in December 1998 lifted the ban on 
opposition leader Kenneth Matiba's ``Return to Reason.'' The 1997 
reforms eliminated sedition as a ground for censorship of publications, 
and directed that a board be established to review existing, and 
future, publication bans. The Prohibited Publications Review Board was 
established in 1998.
    Despite constitutional provisions for free speech, school 
administrators and the security forces continued to limit academic 
freedom. They frequently took harsh action against even peaceful 
student demonstrations, whether over political or bread-and-butter 
issues, forcefully dispersing and sometimes arresting students (see 
Sections 1.c., and 2.b.). Although private universities were not 
prohibited and some existed, the State owned, subsidized, and 
administered most universities and other institutions of higher 
education, and most post-secondary students attended institutions 
owned, administered, and subsidized by the State, due in part to their 
lower fees. President Moi, as chancellor of all state universities, 
appoints the vice chancellors, who managed the institutions under the 
supervision of the Ministry of Education. A number of student activists 
have been expelled from universities in recent years because of 
political activities, and most have been refused readmission. Student 
leaders report that government security forces sometimes follow them 
(see Sections 1.c. and 1.f.).
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government restricts the 
right in practice. The Public Order Act, which the Government used for 
many years to control public gatherings and to restrict this right, was 
amended in 1997; the requirement that public meetings be licensed was 
replaced by the less restrictive requirement that organizers notify the 
local police in advance of planned public meetings. In 1998 government 
disruptions of public meetings declined significantly; however, this 
improvement was not sustained during the year. Authorities repeatedly 
disrupted public demonstrations about which organizers duly informed 
the police in advance; government officials claimed that the organizers 
lacked authorization to hold public gatherings, whereas there no longer 
appeared to be any basis in domestic law for requiring specific 
authorization. In September President Moi stated that government 
officials should deny ``permits'' (for public demonstrations) to 
politicianswho use public rallies to abuse other leaders; however, 
officials now have legal authority to cancel planned public gatherings 
only if there are simultaneous meetings previously scheduled for the 
same venue, or if there are specific security threats.
    Some public assemblies that police dispersed, such as many 
assemblies of passenger van drivers and touts during their work 
stoppage in July, were already violent before police disrupted them 
(see Section 6.a.). However, other public assemblies that police 
disrupted, including some student and political protest demonstrations, 
either were nonviolent or became violent only after police forcibly and 
egregiously restricted their attempted exercise of freedom of assembly 
(see Section 1.c.); however, demonstrating students repeatedly 
initiated violence.
    In mid-January, during the vote counting following a National 
Assembly by-election in Eastern province, police forcibly dispersed a 
nonviolent although verbally abusive crowd outside the vote counting 
hall that was protesting perceived election-rigging (see Sections 1.c. 
and 3). In late January, police in Nairobi forcibly dispersed a 
demonstration by university students protesting the nontransparent 
transfer of public land in Karura forest by senior government 
officials; the demonstration became violent after police blocked its 
march (see Sections 1.c. and 3). In February police forcibly blocked 
opposition M.P.'s and farmers from holding a rally in Eldoret (see 
Section 1.c.). On April 13, in Nyanza province, police forcibly 
dispersed an assembly in a town marketplace of persons who were 
listening to a speech by opposition M.P. James Orengo (see Sections 
1.c., 1.d., and 2.a.). In June in Nairobi police and groups of hired 
``KANU Youth'' violently disrupted a march by religious and NGO leaders 
protesting the Government's handling of the constitutional review 
process; only after the police and KANU Youth initiated violence did 
this peaceful protest grow and become violent (see Sections 1.c., 2.c., 
and 3.). Also in June, police in Machakos forcibly broke up a public 
meeting organized by a group of KANU and opposition M.P.'s to discuss 
issues of concern to the Kamba ethnic group; police said that the 
participants had no permission to gather (see Section 1.c.). Also in 
June, the Meru police chief, in an unsuccessful attempt to stop M.P.'s 
from holding a public meeting, reportedly punched and kicked opposition 
M.P. James Orengo (see Section 1.c.). On July 11, police used tear gas 
to break up several impromptu gatherings that four opposition M.P.'s 
held in Embu and Meru, saying they had no permission to hold a public 
meeting. Also in July, police in Nakuru disrupted gatherings of 
supporters of the political group Saba Saba Asili, and police in Keiyo 
disrupted a public meeting organized by opposition M.P. Tabitha Seii. 
In October police in Kabete forcibly dispersed a demonstration by 
students of the Kabete Technical Institute protesting an allegedly 
illegal allocation of public land; the demonstration became violent 
after the police forcibly blocked a planned student march off the 
campus (see Section 1.c.).
    The Government continued to use the Societies Act to restrict 
freedom of association. The act requires that every association be 
registered or exempted from registration by the Registrar of Societies. 
For years after opposition parties again were legalized in 1992, the 
Government refused to act on a number of political party registration 
applications. However, since the enactment of reform legislation in 
1997, the Government has acted on some long-pending applications, 
increasing the number of registered political parties from 12 to 23. 
However, the Government continued to refuse to reverse its 1994 denial 
of registration of the Islamic Party of Kenya (IPK), which was involved 
in a number of violent confrontations with police in 1992 (see Sections 
2.c. and 5). The United Democratic Movement and Saba Saba Asili 
political parties still are awaiting registration, the latter since 
1997.
    The Government continued to criticize publicly and intimidate 
NGO's, many of which it accuses of being ``subversive'' and of working 
with the opposition to overthrow the Government. The Government NGO 
Coordination Board under the NGO Act registers NGO's. The Government 
has used this structure to put pressure on the nongovernmental National 
NGO Council. In 1997 the Board directed the Council to compile a list 
of ``political NGO's,'' presumably to carry out President Moi's threat 
to deregister all ``political NGO's,'' but the Council refused. In 
March President Moi again publicly stated that NGO's were trying to 
destabilize the country by channeling foreign funds to antigovernment 
student and labor organizations and using foreign funds to organize 
seditious mass protests. In early April, the Office of the President 
instructed all district governments to monitor NGO's within their 
districts with a view to ensuring that NGO's either advance government-
approved objectives or cease to operate; however, NGO's did not 
subsequently report an increase in government monitoring (see Sections 
4 and 6.a.).
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice; 
however, while groups generally were allowed to worship freely, 
theGovernment at times interfered with other activities by religious 
groups.
    The Government requires religious organizations to register with 
the Registrar of Societies, which reports to the Office of the Attorney 
General. The Government allows traditional indigenous religious 
organizations to register, although many choose not to do so. Once 
registered, religious organizations enjoy tax-free status and clergy 
are not subject to duty on purchased goods. Religious organizations 
generally receive equal treatment from the Government; however, some 
small splinter groups have found it difficult to register due to their 
inability to define their status as more than an offshoot of a larger 
religious organization. The Government has not granted registration to 
the Tent of the Living God, a small Kikuyu religious group banned 
during the single party-era.
    The Government at times disrupted public meetings that religious 
groups organized or participated in for political reasons. On June 10, 
police and hired groups of KANU Youth violently broke up a 
demonstration arranged by Protestant, Catholic, and Muslim 
organizations to protest the Government's intention to have Parliament 
revise the Constitution. Police and KANU Youth beat some clergy 
participating in the demonstration, including the Reverend Timothy 
Njoya (see Sections 1.c., 2.b., and 3).
    In March the Government for the first time issued broadcasting 
licenses to religious organizations; three Christian stations and one 
Islamic station were licensed, but did not begin broadcasting during 
the year (see Section 2.a.).
    Muslim leaders continued to charge that the Government is hostile 
toward Muslims. Muslims complain that non-Muslims receive better 
treatment when applying for proof of citizenship. According to Muslim 
leaders, government authorities more rigorously scrutinize the 
identification cards of persons with Muslim surnames and require them 
to present additional documentation of their citizenship (i.e., birth 
certificates of parents and, sometimes, grandparents). The Government 
has singled out the overwhelmingly Muslim ethnic Somalis as the only 
group whose members are required to carry an additional form of 
identification to prove that they are citizens. Ethnic Somalis must 
produce upon demand their Kenyan identification card and a second 
identification card verifying screening. Both cards also are required 
in order to apply for a passport. Although this heightened scrutiny 
originated as an attempt to deter illegal immigration, a senior 
official of the Supreme Council of Kenya Muslims alleged that it 
increasingly affects all Muslims.
    Despite 1997 legal reforms and the subsequent registration of a 
large number of political parties, the Government refused to reverse 
its 1994 denial of registration of the Islamic Party of Kenya (IPK) on 
the grounds that the IPK had been involved in a number of violent 
confrontations with police in 1992 (see Section 2.c). On March 6, 
Muslim groups demonstrated in Machakos against alleged religious 
persecution by city authorities. The Muslims claimed that the municipal 
authorities had confiscated equipment used by the Ukunda Muslim 
Propagation Group. The town clerk claimed that the group had conducted 
open-air meetings without seeking authority from the city council and 
had disparaged Christianity verbally, although permission to assemble 
publicly no longer is required by domestic law, and the Constitution 
provides for freedom of speech (see Sections 2.a. and 2.b.). In August 
police killed five Muslim worshipers in the Anas Bin Malik Mosque in 
Chai village, near Mombasa (see Section 1.a.). In December some Muslim 
leaders objected to the Government's announcement that it would 
demolish a mosque in the town of Embu in the central highlands; 
however, the Islamic community was divided over this issue, because the 
mosque was built under controversial circumstances (see Section 5).
    The Government continued to arrest and prosecute members of a 
religious group based in the largely pro-opposition Kikuyu ethnic group 
(see Section 5). On February 7, 81 members of the small traditional 
Mungiki order were arrested and refused bail (see Section 1.d.). The 
Government accused them of requiring adherents to take illegal oaths, 
holding illegal meetings, and possessing offensive weapons. They were 
released in mid-February. The Government also continued to deny 
registration to another small Kikuyu religious group, the Tent of the 
Living God, whose leader the Government arrested in the late 1980's. 
The Tent's membership has diminished greatly since opposition political 
parties again were legalized in 1992.
    Purporting to practice witchcraft reportedly is a criminal offense 
under colonial-era laws; however, persons generally are prosecuted for 
this offense only in conjunction with some other offense, such as 
murder. Witchcraft traditionally has been a common explanation for 
diseases of which the causes were unknown. Although many traditional 
indigenous religions include or accommodate belief in the efficacy of 
witchcraft, they generally approve of harmful witchcraft only for 
defensive or retaliatory purposes and purport to offer protection 
against it. Thepractice of witchcraft is widely understood to encompass 
attempts to harm others not only by magic, but also by covert means of 
established efficacy such as poisons.
    In August the Government presented to Parliament and thereby 
effectively published the 1994 report of Presidential Commission of 
Inquiry into Devil Worship, which President Moi appointed in 1994 in 
response to public concern, articulated chiefly by Christian clergy, 
about a perceived resurgence of witchcraft, ritual murders, and other 
ostensibly ``satanic'' practices associated with aspects of traditional 
indigenous religions (see Section 5). The widely-publicized document 
included numerous reports of ritual murder, human sacrifice, and 
cannibalism, and of feats of magic allegedly done by using powers 
acquired through such acts. It also reported that ``satanists'' had 
infiltrated nonindigenous religious groups including Jehovah's 
Witnesses, the Church of Jesus Christ of the Latter-Day Saints 
(Mormons), and the Church of Christ Scientist (Christian Scientists) as 
well as other organizations including the Masonic Order (Freemasons) 
and the Theosophical Society, making them ``doorways'' to satanism. 
Most members of the commission were senior members of mainline 
Christian churches; a deputy director of the CID also served on the 
commission.
    It was learned during the year that the State dropped cattle 
rustling charges against Francis Tulel, the secretary of the Catholic 
Peace and Justice Commission for Eldoret Diocese, shortly after 
arresting him in April 1998.
    In January in Moyale, a town near the Ethiopian border, a group of 
armed men in uniforms shot and killed an Islamic cleric, assistant kadi 
Haji Hassan Muhammad, who reportedly sympathized publicly with the OLF 
(see Section 1.a.).
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--By law citizens may travel freely within 
the country and there were no reported violations of this right. 
However, police routinely stop vehicles and check vehicles' safety and 
drivers' documents on roads throughout the country. Many vehicles often 
are in disrepair, and many drivers often lack required documentation. 
Police often demand bribes at such checkpoints.
    The Government does not restrict emigration or foreign travel. 
However, the law requires a woman to obtain her husband's or father's 
permission in order to obtain a passport (see Section 5). However, in 
practice, adult women often are able to circumvent this restriction by 
claiming to be unmarried. Civil servants and M.P.'s must get government 
permission for international travel, which is granted routinely.
    Many of the rural residents displaced by the violent ethnic clashes 
in Rift Valley in 1991-93 still have not returned to their homes and 
remain displaced in urban areas. Some of the several thousand persons 
displaced by ethnic clashes in Rift Valley in 1998, and in the Pokot-
Marakwet region throughout the year, have not returned to their homes 
due to fear of renewed violence (see Section 5).
    The Government offers first asylum and provided it to the 
approximately 180,000 refugees registered by the United Nations High 
Commissioner for Refugees (UNHCR), who lived in official UNHCR camps. 
An undetermined number of refugees live outside the camps in cities and 
rural areas. Somalis accounted for about 80 percent of the total 
refugee population, followed by large numbers of Sudanese, and a 
scattered number of other nationalities from across the region. 
Approximately 2,000 refugees, mostly of Ethiopian or Somali ethnic 
background, were repatriated during the year. Police periodically 
performed nighttime sweeps in urban areas in part to round up illegal 
immigrants and refugees who remain outside the designated camps 
illegally (see Section 1.f.); police arrested about 2,000 persons 
during a single August sweep in Mombasa and more than 600 during a 
September 2 sweep in Nairobi. However, many persons arrested in sweeps 
bribe their way out of detention. Those with refugee status are sent to 
refugee camps. Very few are prosecuted, and fewer still are 
repatriated.
    The law provides for the grant of asylum or refugee status in 
accordance with the provisions of the 1951 U.N. Convention Relating to 
the Status of Refugees and its 1967 Protocol; however, since 1991 the 
Government has suspended the process by which it once ruled on 
applications for refugee status or asylum. Since then, a handful of 
affluent individuals effectively have purchased refugee status but, for 
all practical purposes, an official asylum or refugee application 
process has ceased to exist. The UNHCR provides qualified applicants 
with refugee status mandate letters, which government officials 
recognize, pending enactment of legislation that the Government has 
drafted to reestablish a mechanism for granting refugee status or 
asylum.
    Since 1997 the UNHCR, at the direction of the Government, has 
closed five refugee camps near the coastal city of Mombasa andrelocated 
over 7,000 camp residents against their wishes to camps near the Somali 
and Sudanese borders. In August the UNHCR transported 480 Somali 
refugees from Mombasa to a camp in Kakuma.
    On July 5 and again on August 22, the Government closed the border 
with Somalia; it subsequently intensified its nighttime sweeps in urban 
areas in an effort to stem inflows of weapons, illegal goods, and 
persons. The border remained officially closed at year's end. However, 
many applicants for refugee status continued to enter the country 
overland from Somalia.
    Incidents of rape of women and young girls in refugee camps 
continued to occur (see Section 5). Acts of violence, including 
carjackings and banditry, occur sporadically in and around the camps 
and the Dadaab camps near the Somali border, and resulted in several 
injuries to refugees. There was an incident of ethnic violence among 
Sudanese refugees of different clans in the Kakuma camp in the 
northwest (see Section 5).
    President Moi repeatedly has made public statements blaming 
refugees for increases in violent crime and arms smuggling and 
repeatedly has issued decrees ordering refugees to leave the country. 
Pursuant to these decrees, authorities often have confiscated UNHCR 
letters that affirm their status from refugees and issued deportation 
orders. Nevertheless, there were no reports of the forced expulsion 
from the country of persons with a valid claim to refugee status.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government through free and fair multiparty elections; however, their 
ability to do so has not yet been demonstrated fully. The National 
Assembly has never had an opposition majority. The December 1997 
general elections, despite numerous logistical and other flaws, 
generally reflected the will of the electorate. They were marked by 
much less violence and intimidation, less fraud, and less overt use of 
government resources to assist KANU candidates, than the 1992 polls; 
due to greater fragmentation, the opposition was widely perceived to 
pose less of a challenge to Moi's reelection than it had in 1992. 
Opposition candidates won 60 percent of the vote, but these votes were 
split among four main and several fringe parties, thereby enabling Moi 
to win reelection for another 5-year term and giving KANU a narrow 
majority in the unicameral National Assembly. KANU victories in 1998 
and 1999 by-elections (four caused by the deaths of sitting opposition 
M.P.'s and one by a defection to KANU) increased KANU's majority in the 
National Assembly to 118 of 222 seats. The High Court required one by-
election by overturning a 1997 opposition victory; the court continued 
not to take action on any opposition challenges to KANU victories in 
1997.
    During the year, courts dismissed on technical grounds a legal 
challenge to Moi's 1997 reelection filed by Mwai Kibaki, chairman of 
the opposition Democratic Party, who contended that Moi's reelection 
was rigged; the courts refused to hear Kibaki's challenge on the 
grounds that he had failed to fulfill a legal requirement to serve a 
petition on President Moi personally, while acknowledging the factual 
veracity of Kibaki's claim that presidential security consistently 
denied him personal access to Moi (see Section 1.e.).
    At the local level, the President exercises sweeping power over the 
administrative structure. The President appoints both the powerful 
provincial and district commissioners and a multitude of district and 
village officials. In elections many local officials actively assist 
the ruling KANU. There were allegations of partisan electoral abuses by 
local officials in several of the by-elections in late 1998 and 1999.
    At the national level, the Constitution authorizes the President to 
dissolve the legislature and prohibits debate on issues under 
consideration by the courts. This prohibition, in conjunction with a 
ruling by the Speaker of the Assembly that the President's conduct is 
inappropriate for parliamentary debate, has limited the scope of 
deliberation on controversial political issues. M.P.'s are entitled to 
introduce legislation, but in practice it is the Attorney General who 
does so. The President significantly influences the legislative agenda. 
However, in November the National Assembly amended the Constitution to 
give the National Assembly the power to hire its own staff and to vote 
its own budget, despite President Moi's long-expressed opposition to 
this amendment.
    The Government continued to use both physical beatings and 
arbitrary arrest and prosecution to harass and intimidate opposition 
M.P.'s and to restrict their freedom of speech and assembly (see 
Sections 1.c., 1.d., 1.e., and 2.b). The Government's domination of 
domestic broadcast media, especially outside major urban centers, 
continued to restrict severely the ability of opposition politicians to 
communicate with citizens, especially with inhabitants of rural areas 
(see Section 2.a.).Several credible reports indicate that in recent 
years, including 1997, KANU electoral campaigns received substantial 
financing derived from the nontransparent transfer of state assets 
organized by the Office of the President with the knowledge of 
President Moi. There were credible detailed reports that senior 
government officials transferred public land in Karura Forest for free 
or at far-below-market prices to persons who financially or otherwise 
supported KANU in the 1997 elections, including employees of the Office 
of the President, such as advisor Joshua Kulei, and members of Moi's 
informal circle of advisors drawn predominantly from his Kalenjin 
ethnic group. The recepients reportedly resold that land at much higher 
prices to the National Social Security Fund and to private developers. 
Companies linked to Rashid Sajjad, one of KANU's principal financiers, 
reportedly received particularly large amounts of land in Karura 
Forest. These nontransparent transfers of public land in Karura Forest 
were the subject of several protest demonstrations during the year, 
including a student demonstration in January, in connection with which 
police arrested three opposition M.P.'s (see Sections 1.c. and 1.d.). 
Such transfers of public lands were not limited to Karurua Forest. In 
February the mayor of Mombassa, Najib Balala, lost central government 
support and resigned his office after various problems reportedly 
including his unsuccessful efforts to block nontransparent transfers of 
public land in Mombassa; the land reportedly was transferred to Rasid 
Sajjad and to a clergyman of the African Inland Church, of which 
President Moi is a member. KANU reportedly also had received 
nontransparent financing in recent years in connection with large, 
unrecorded, and therefore duty-free imports of sugar by Sajjad. 
Opposition parties lacked comparable sources of election campaign 
financing.
    Reforms enacted in 1997 ameliorated the lack of independence of the 
presidentially appointed Electoral Commission, which oversees 
elections, by nearly doubling its size to include members nominated by 
the opposition. Five parliamentary by-elections were held during the 
year, with KANU winning all the seats. Vote buying occurred and 
reportedly was widespread, police prevented some opposition politicians 
from holding political rallies during some by-election campaigns, and 
police forcibly dispersed a crowd protesting perceived election rigging 
outside a hall where votes were being counted (see Sections 1.c., 2.a., 
and 2.b.). During an April by-election, KANU Youth members reportedly 
stoned and injured opposition M.P. Charity Ngilu, who was detaining a 
KANU Youth member she had caught distributing money at a polling place. 
KANU candidates benefitted materially from targeted preelection 
government spending on public works and free government food handouts 
in by-election districts, from more ample campaign financing, and from 
preferential coverage on state-owned radio, which remained, in most 
rural areas, the only domestic radio and the principal medium of public 
communication (see Section 2.a.). Although the voting process generally 
went fairly smoothly and was run efficiently, after the September by-
elections the Electoral Commission called on authorities to investigate 
allegations of vote buying and fraud.
    Since 1996 a broad coalition of NGO's and religious organizations 
has mobilized public opinion in support of a reform of the Constitution 
to reduce the power of the presidency. In 1997 the National Assembly 
enacted the Constitution of Kenya Review Act, which was amended in 1998 
to create a Constitutional Review Commission (CRC) to recommend changes 
in the Constitution. In late January, the Government announced that it 
would convene the CRC in February; however, the constitutional reform 
process stalled in mid-February, when political parties were unable to 
agree how seats on the CRC should be divided among the parties. In 
1998, when the legislation creating the CRC was enacted, KANU and 
opposition party leaders had agreed that the KANU would have five seats 
and opposition parties would have eight; however, in February the KANU 
insisted on having a majority of the seats, to reflect its majority in 
the Parliament. On February 21, the Catholic Archbishop of Nairobi 
publicly accused KANU of deliberately derailing the constitutional 
review process; President Moi denied that KANU was to blame, warned 
against ``dancing to the tune of foreigners,'' attacked NGO's for 
subversive and antisocial activities, and noted that the National 
Assembly had full authority to amend the Constitution. In May Moi 
proposed that the constitutional reform process be transferred to the 
KANU-dominated National Assembly. On June 10, in Nairobi, religious 
groups, NGO's, opposition parties, and students demonstrated against 
Moi's proposal; police and squads of KANU Youth including the Jeshi la 
Mzee squad allegedly organized by assistant minister Fred Gumo of the 
Office of the President brutally dispersed the demonstration and 
widespread rioting ensued (see Sections 1.c., 2.b., and 2.c.). Although 
demands by religious leaders and NGO's to restart the stalled 
constitutional reform process mounted during the second half of the 
year, Moi continued to insist that only the National Assembly was 
competent to review the Constitution, and the constitutional reform 
process remained stalled at year's end. However, in December the 
National Assembly created a Parliamentary Select Committee to review 
the existing Act and help form a Commission; a church-led group formed 
the next day, creating a parallel process.
    In August county council elections in Garissa County reportedly 
were marred by fighting between members of the Aulyan and Abduwak clans 
of the Somali ethnic group, during which persons were killed (see 
Section 5).
    Elected local councils exist, but the executive branch of the 
central Government has arrogated most of the revenues and functions 
that they had at independence. Although rural and municipal councils 
are authorized by law to provide a wide range of health, education, and 
infrastructure services, in practice their functions have been reduced 
to some oversight of nursery schools, secondary and tertiary roads, 
markets, and natural resources such as forests. Most councils lack 
sufficient financial autonomy and revenues to perform adequately even 
these limited services.
    Although there are no legal restrictions, traditional attitudes 
circumscribe the role of women in politics. Women are underrepresented 
seriously at decision making levels in the Government. The new National 
Assembly included eight female M.P.'s (four elected and four 
nominated), up from seven in the last session. The Women's Political 
Caucus, formed in 1997, continued to lobby over issues of concern to 
women and to increase the influence of women on government policy. A 
constitutional amendment that would have reserved one-third of 
parliamentary seats for women was defeated in 1997. However, in 1998 
the National Assembly reserved for women one-third of the 25 seats on 
the Constitutional Review Commission.
    Although the President's Cabinet included persons from many ethnic 
groups, approximately one-third of the ministers were either Kalenjin 
or Luhya. At year's end there were only two ministers from the 
country's largest ethnic group, the Kikuyu, and no minister from the 
third-largest ethnic group, the Luo; both the Kikuyus and the Luos tend 
to support opposition parties. The President continued to rely on an 
inner circle of advisors, drawn largely from his Kalenjin ethnic group. 
However, in April Moi appointed to the long-vacant position of vice 
president a person affiliated with the largely pro-opposition Kikuyu 
ethnic group (see Section 5). There is one nominated Asian M.P.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The number of human rights organizations continued to grow. These 
include NGO's such as the Kenya Antirape Organization, the Legal Advice 
Center, the Catholic Justice and Peace Commission, the Protestant 
National Council of Churches of Kenya, the Center for Governance and 
Development, People Against Torture, the Independent Medico-Legal Unit 
(IMLU), and the Release Political Prisoners pressure group. An array of 
legal organizations, including the International Commission of Jurists-
Kenya, the International Federation of Women Lawyers (FIDA)-Kenya, the 
Law Society of Kenya, and the Public Law Institute, advocate human 
rights.
    Several NGO's maintain comprehensive files on human rights abuses. 
A number of attorneys represent the poor and human rights defendants 
without compensation, although they can handle only a small percentage 
of those who need assistance, and are concentrated chiefly in Nairobi 
and other large cities.
    The President instructed government officials to monitor NGO's 
carefully, and government officials including the President continued 
to intimidate, and threaten to disrupt human rights organizations and 
other NGO's (see Section 2.b.). In March President Moi publicly alleged 
that FIDA-Kenya supported prostitution and other things that he 
considered social evils, and said that this was proof that NGO's were 
interested in subverting and destroying African moral values. According 
to a KBC news report, he added that he soon would reveal a list of 
names of subversive NGO's and their antisocial activities; however, the 
President did not release such a list by year's end.
    The Government allowed human rights organizations to witness some 
autopsies of persons who died in police custody. The Attorney General's 
Office generally responded in detail to foreign embassies' human rights 
inquiries.
    The KHRC produces a ``Quarterly Human Rights Report'' (formerly the 
``Quarterly Repression Report'') that catalogs the human rights 
situation in the country, as well as special reports on pressing human 
rights issues. During the year, it published a report on women refugees 
in Kenya. The Institute for Education in Democracy and other NGO's 
monitor elections in cooperation with the Electoral Commission and 
diplomatic missions.
    The 10-member Government Standing Committee on Human Rights 
established in 1996 is empowered to ``investigate alleged violations of 
constitutional freedoms,'' including abuse of power by public 
officials. It is tasked with drafting recommendations on human rights 
problems and providing these to the government agencies under whose 
purview the problems fall. However, it issubordinate to the Office of 
the President, its chairman is a longstanding KANU loyalist, it has 
received sufficient funds to fill only 8 of its 27 authorized staff 
positions, and it has been relatively inactive. Since its inception, 
the Committee has maintained a low profile and kept its distance from 
most contentious human rights problems. In October the chairman of the 
Committee asked the National Assembly to enact legislation giving the 
Committee greater autonomy and independence; no such legislation was 
enacted by year's end. In December the Committee launched a human 
rights journal, Haki Zetu.
    In October 1998, the Parliament passed a resolution to create an 
Ombudsman's office that would be charged with addressing complaints 
about inefficiency, corruption, nepotism, and abuse of power by public 
servants. As of year's end, the Attorney General had not drafted a bill 
to turn the resolution into law.
    The Government generally facilitated a 10-day fact-finding visit in 
September by the U.N. Special Rapporteur on Torture; however, officials 
at the Kamiti Maximum Security Prison denied him access (see Section 
1.c.).
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination on the basis of a 
person's ``race, tribe, place of origin or residence or other local 
connection, political opinions, color, or creed;'' however, government 
authorities did not enforce effectively many of these provisions. There 
is credible evidence that the Government sponsored large-scale ethnic 
violence during the early 1990's; there are some indications that some 
government officials have at least tolerated and in some instances 
instigated ethnic violence on a smaller scale during the late 1990's.
    Women.--Violence against women is a serious and widespread problem. 
According to the Government, 1,329 cases of rape were reported to the 
police during the first 9 months of the year, compared to 903 in all of 
1998. The available statistics probably underreport the number of 
incidents, as social mores deter women from going outside their 
families or ethnic groups to report sexual abuse.
    The law carries penalties of up to life imprisonment for rape, 
although actual sentences are usually no more than 10 years. The rate 
of prosecution remains low because of cultural inhibitions against 
publicly discussing sex, fear of retribution, disinclination of police 
to intervene in domestic disputes, and unavailability of doctors who 
otherwise might provide the necessary evidence for conviction. 
Moreover, wife beating is prevalent and largely condoned by much of 
society. Traditional culture permits a man to discipline his wife by 
physical means and is ambivalent about the seriousness of spousal rape. 
There is no law specifically prohibiting spousal rape. Throughout the 
year, the media reported a steady stream of cases of violence against 
women, including widespread spousal abuse. The Nation, a leading 
Nairobi daily, for several months reserved a full page in each issue 
for coverage of domestic violence. The resulting publicity and public 
criticism often forced the police to take punitive action against the 
perpetrators.
    There were continued incidents of rape of refugee Somali women at 
the Dadaab refugee camps, where women were assaulted outside camp 
perimeters in the course of gathering firewood, and occasionally within 
the camps themselves (see Section 2.d.). A KHRC report noted a yearly 
average of over 100 reported cases of rape among refugee women. The 
UNHCR initiated a program to distribute firewood to refugees. The 
program reduced the incidence of rape outside the camps, but such 
crimes remain a problem.
    Women experience a wide range of discriminatory practices, limiting 
their political and economic rights and relegating them to second class 
citizenship. The Constitution extends equal protection of rights and 
freedoms to men and women, but only in 1997 was the Constitution 
amended to include a specific prohibition of discrimination on grounds 
of gender. However, constitutional provisions allow only males 
automatically to transmit citizenship to their children. The Government 
has not passed domestic enabling legislation to implement international 
conventions on women's rights. The Task Force on Laws Relating to 
Women, established by the Attorney General in 1993, has yet to make its 
report. Parliament passed in May a motion on gender equality, although 
the resolution has no power of law.
    Levels of education and literacy for men and women differ widely. 
Although the number of boys and girls in school is roughly equal at the 
primary level, men substantially outnumber women in higher education. 
Seventy percent of illiterate persons in the country are female.
    Women continue to face both legal and actual discrimination in 
other areas. For example, a married woman legally is required toobtain 
the consent of her husband before obtaining a national identity card or 
a passport.
    The Law of Succession, which governs inheritance rights, provides 
for equal consideration of male and female children; however, in 
practice most inheritance problems do not come before the courts. Women 
often are excluded from inheritance settlements, particularly if 
married, or given smaller shares than male claimants. Moreover, a widow 
cannot be the sole administrator of her husband's estate unless she has 
her children's consent.
    Most customary law disadvantages women, particularly in property 
rights and inheritance. For example, under the customary law of most 
ethnic groups, a woman cannot inherit land, and must live on the land 
as a guest of male relatives by blood or marriage.
    Women make up about 75 percent of the agricultural work force, and 
have become active in urban small businesses. Nonetheless, the average 
monthly income of women is about two-thirds that of men, and women hold 
only about 5 percent of land titles. Women have difficulty moving into 
nontraditional fields, are promoted more slowly than men, and bear the 
brunt of layoffs. Societal discrimination is most apparent in rural 
areas. Rural families are more reluctant to invest in educating girls 
than in educating boys, especially at the higher levels.
    The nation's best known women's rights and welfare organization, 
Maendeleo Ya Wanawake (``Development of Women'' in Swahili) was 
established as a nonpolitical NGO during the colonial era, but now is 
aligned closely with the ruling party. A growing number of women's 
organizations are active in the field of women's rights, including 
FIDA, the National Council of Women of Kenya, the National Commission 
on the Status of Women, the Education Center for Women in Democracy, 
and the League of Kenyan Women Voters.
    Children.--The system of free education in the early years of 
Kenya's independence has given way to a ``cost-sharing'' education 
system in which students pay both tuition and other costs. These are a 
heavy burden on most families. Although the law mandates that schooling 
be available for all up to grade 12, there is a very high dropout rate 
in part because of large educational expenses. There are an estimated 4 
million children between 6 and 14 years of age who are out of school. 
The legally mandated universal schooling also does not occur in 
practice because of a shortage of schools. The health care system for 
school children, which once provided periodic medical checkups and free 
milk, is now defunct. Human Rights Watch released in September a report 
on corporal punishment in Kenya, which cited widespread excessive 
caning and abuse of pupils by teachers. According to September press 
reports, teachers at the Mobamba Secondary School in Kisii so severely 
beat a student that the boy died of internal injuries.
    Female genital mutilation (FGM), which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, is practiced by certain ethnic groups and remains 
widespread, particularly in rural areas. The press reported severe 
injuries to several girls from the practice of FGM. Health officials 
estimate that as many as 50 percent of females nationwide have suffered 
FGM. According to Maendeleo Ya Wanawake, the percentage is as high as 
80 to 90 percent in some districts of Eastern, Nyanza, and Rift Valley 
provinces. FGM usually is performed at an early age. President Moi has 
issued two presidential decrees banning FGM, and the Government 
prohibits government-controlled hospitals and clinics from practicing 
it; however, no law bans FGM.
    Economic displacement and the spread of AIDS continued to fuel the 
problem of homeless street children. The number of Nairobi's street 
children is over 50,000, and the Government estimates that their 
numbers grow at 10 percent per year. These children often are involved 
in theft, drug trafficking, assault, trespassing, and property damage. 
According to a 1997 Human Rights Watch report, street children face 
harassment as well as physical and sexual abuse from the police and 
within the juvenile justice system. They are held in extremely harsh 
conditions in crowded police station cells, often without toilets or 
bedding, with little food, and inadequate supplies. They often are 
incarcerated with adults and frequently beaten by police. In May the 
director of a Mombasa street girls center sought to sue two police 
officers accused of raping a 13-year-old street girl (see Section 
1.c.).
    The problem of child rape and molestation is growing. There are 
frequent press reports of rape of young girls by middle-aged or older 
rapists. There were repeated reports of molestation or rape of children 
by schoolteachers, mostly in rural areas. Legally, a man does not 
``rape'' a girl under age 14 if he has sexual intercourse with her 
against her will; he commits the lesser offense of ``defilement.'' The 
penalty for the felony of rape can be life imprisonment, while the 
penalty for defilementis up to 5 years' imprisonment. Men convicted of 
rape normally receive prison sentences of between 5 and 20 years, plus 
several strokes of the cane.
    Child prostitution is a major problem in Nairobi and Mombasa, often 
connected with the tourist trade. Child prostitution has grown 
considerably due both to economic contraction and to the spread of 
AIDS, which has created many orphans. Residents in Kisumu have formed 
the Organization for the Protection Against Child Prostitution to 
combat the growing problem.
    There were reports that children were killed for body parts by 
persons practicing healing rituals associated with traditional 
religions.
    People With Disabilities.--Government policies do not discriminate 
officially against the disabled with regard to employment, education, 
or state services. However, disabled persons frequently are denied 
licenses to drive. There are no mandated provisions of accessibility 
for the disabled to public buildings or transportation.
    Religious Minorities.--About 38 percent of the population are at 
least nominally Protestant Christians, and about 28 percent are Roman 
Catholic. Between 10 and 20 percent of the population, concentrated in 
the coastal, eastern and northern regions, practice Islam.
    Muslims increasingly perceive themselves to be treated like second-
class citizens in a country that is predominantly Christian. Some 
Muslims believe that not only the Government but also the business 
community deliberately have impeded development in predominantly Muslim 
areas, notably the coastal region. They also believe that the national 
business community, dominated by largely Christian ethnic groups from 
inland ``up-country'' areas including the Kikuyu, deliberately 
allocates to non-Muslims most of the jobs it creates in predominantly 
Muslim areas including the coastal area. Capricious assertion of 
authority by largely Christian security forces in the bandit-infested 
northeast, which is largely Islamic, has long contributed to Muslim 
mistrust. In recent years, the absence of effective government in 
southern Somalia and the OLF insurgency in southern Ethiopia have 
strained Christian-Muslim relations further by causing the Government 
to increase security force presence and operations in northeast, where 
many security force members may find it hard to distinguish Kenyan 
Muslims from ethnically and culturally similar members of Somali 
militias or the OLF (see Sections 1.a and 1.c.).
    There continued to be instances of sporadic violence between 
Christians and Muslims. In April a large fight broke out between 
Christians and Muslims in Eldoret. The two sides exchanged insults and 
then fought during simultaneous open-air prayers held in the town 
square. Although some persons reportedly were stabbed with knives, no 
fatalities were reported. In December following the Government's 
announcement that it intended to demolish a mosque in a town in a 
predominantly Christian region, some Muslim leaders in the coastal 
region threatened publicly to destroy all Christian churches in 
predominantly Islamic areas; however, the Islamic community was divided 
on this issue (see Section 2.c.).
    During the year there were reports of ritual murders associated 
with aspects of traditional indigenous religions. The victims, 
generally teenaged children, reportedly were killed and parts of their 
bodies removed for use in traditional rituals by persons seeking 
renewed youth or health. The Report of the 1994 Presidential Commission 
of Inquiry into Devil Worship, presented to the Parliament in August, 
contained similar reports from recent years (see Section 2.c.).
    Mob violence against persons suspected of practicing witchcraft 
resulted in the deaths of at least 16 persons in 1998. In one instance 
a mob in a Kisii village beat and burned to death 10 rumored 
``witches.'' Some local Christian ministers praised the perpetrators 
for ``saving'' the villages from Satan. No statistics on the number of 
mob killings of suspected witches during the year were known. However, 
unsubstantiated accusations of the practice of witchcraft or satanism 
appeared increasingly common.
    National/Racial/Ethnic Minorities.--The country's population of 
almost 29 million was divided into more than 40 ethnic groups, among 
which there were frequent and credible allegations of discrimination, 
as well as sporadic interethnic violence. In general each ethnic group 
has a distinct primary language and is concentrated in a distinct 
region; however, the languages of some groups are very similar to the 
languages of related ethnic groups. In private business and in the 
public sector, members of virtually all ethnic groups commonly 
discriminated in favor of other members of the same group when able to 
do so. Neighborhoods in large cities tended to be segregated 
ethnically, although interethnic marriage hasbecame fairly common in 
urban areas. Political cleavages tended to correlate with ethnic 
cleavages.
    According to the 1989 government census, the Kikuyu are the largest 
ethnic community, constituting 21 percent of the population. Luhya, 
Luo, Kamba, and Kalenjin follow, each with more than 11 percent of the 
population.
    Ethnic-regional differences continue to pose obstacles to political 
and economic liberalization. Members of President Moi's Kalenjin ethnic 
group (a coalition of nine small ethnic groups) and other traditionally 
pastoral Nilotic ethnic groups are represented disproportionately and 
hold key positions in the Government, the ruling KANU party, the GSU 
and the Presidential Escort. Many members of these groups appear to 
believe that economic and political liberalization would be likely to 
harm their groups, and to favor other groups. The Kikuyu and the 
closely related Kamba, Meru, and Embu groups make up more than a third 
of the country's population; members of these groups also dominate much 
of private commerce and industry and have tended to support opposition 
parties since they again were legalized in 1992. The Kikuyu, the 
largest, best-educated, and most prosperous ethnic group, dominated the 
country under its first president, Jomo Kenyatta, a Kikuyu.
    It is estimated credibly that during the 1990's more than 400,000 
persons were forced to relocate or were displaced within the country by 
ethnic violence, fear of ethnic violence, or dispossession. Most of 
these expulsions occurred between 1991 and 1994; during those years, 
disproportionately many of the victims were members of the relatively 
prosperous Kikuyu and related ethnic groups who had lived outside the 
home regions of those groups. Many of the victims were not only 
displaced but also dispossessed of land or businesses, and remain 
without restitution or compensation; several thousands were killed. 
There is substantial evidence that senior members of the Moi Government 
organized and funded much of this ethnic violence and large-scale 
dispossession. Some observers viewed this violent interethnic 
redistribution of wealth as a means of building or funding a political 
coalition to prevent the Kikuyus and related groups from regaining 
control of the State after the Government's need for external financing 
forced it to accede in 1991 to donors' demands to relegalize opposition 
parties and to hold multiparty elections in 1992. Ethnic violence 
entailing somewhat smaller numbers of expulsions that victimized 
various ethnic groups including Luos and Luyhas occurred in the coastal 
region in late 1997 and in the Rift Valley region in early 1998; local 
authorities generally did little to stop this violence and appear to 
have instigated much of the 1997 violence in the coastal region.
    In August a presidential Commission on Ethnic Clashes, a 
government-appointed panel of three judges formed in 1998, submitted to 
President Moi its report on the cause of ethnic clashes that occurred 
in the Rift Valley in 1992 and 1997, the Coast province in 1997, and 
the areas of Molo and Laikipia in 1998. Many of the hearings were 
public, and witnesses often directly accused local politicians of 
abetting the combatants, although they rarely provided other than 
hearsay evidence. However, key churches and NGO's claim that a number 
of witnesses were prevented from testifying, especially after, half way 
through the investigation, the Government changed the Commission's 
aggressive prosecutor John Nyagah Gacivih to the more progovernment 
Deputy Attorney General Bernard Chunga (see Section 1.e.). At year's 
end, the Government had not released the report or announced that it 
was taking any formal action on its findings.
    Attacks and revenge counterattacks, part of a longstanding pattern 
of cattle rustling, continued between Pokots and Marakwets/Keiyos in 
Trans Nzoia in the northwest, Boranas and Somalis in North Eastern 
province, Ormas and Somalis in Eastern Province, and Kuria and Luos in 
the west, resulting in scores of deaths (see Section 1.a.). At least 40 
persons were killed in a March 4 cattle raid by Pokots on Turkana in 
the Turkwell Gorge area. At least 15 persons were killed in an October 
24 cattle raid by Pokots on the Marakwet village of Tot; raiders killed 
10 women and children waiting for polio vaccinations at a health 
clinic. Also in October in the Rift Valley members of the Njemps and 
Turkana ethnic groups fought each other and burned each others' houses 
after some inebriated Turkana men reportedly killed an Njemps herdsman.
    Members of the coastal Bajuni, Mijikenda, and Digo communities 
accused the Government of denying them their rights to land, and of 
favoring members of inland ``up-country'' ethnic groups, who migrated 
to the coast largely during the period when Kenyatta was president.
    The Government has singled out the overwhelmingly-Muslim ethnic 
Somalis as the only group whose members are required to carry an 
additional form of identification to prove that they are citizens. They 
must produce upon demand their Kenyan identification card and a second 
identification card verifyingscreening. Both cards also were required 
in order to apply for a passport. The continued presence of Somali 
refugees has exacerbated the problems faced by citizens of Somali 
ethnicity (see Sections and 2.c. and 2.d.). In February fighting 
between members of different clans of Sudanese in Kakuma refugee camp 
wounded 20 persons (see Section 2.d). In August, during county council 
elections in Garissa county, there was fighting between the Aulyan and 
Abduwak clans of the Somali ethnic group, between which there were 
longstanding tensions over grazing and water rights (see Section 3). A 
resurgence of fighting between the same clans in December reportedly 
caused hundred of families to flee the area.
    There is widespread resentment among citizens of African ethnicity 
toward Asians living in the country. The Asian community constitutes 
between 0.5 and 1 percent of the total population and consists of 
second and third generation Asians with full citizenship and a smaller 
body of recent immigrants. Many African Kenyans resent persons of Asian 
descent for their affluence, and for their reluctance to assimilate 
African culture and to employ blacks, particularly in management 
positions. They also see Asians as taking jobs and commercial 
opportunities away. The involvement of some Asians in corrupt 
activities with government officials further fuels popular resentment. 
Politicians, both opposition and ruling party, from time to time appeal 
to majority prejudices by attacking Asian citizens, accusing them of 
exploiting and usurping the natural inheritance of African citizens. In 
June opposition Democratic Party secretary general Joseph Munyao, in a 
speech that purportedly represented official party policy, accused 
Asians of ``fleecing'' the country and warned that their KANU 
connection would not ``last forever'' and they would be ``called to 
account when their time comes.'' Although President Moi on occasion 
formally has rejected racist diatribes, at times he has resorted to 
racial attacks and slurs.
    During the year, police sweeps for illegal immigrants targeted and 
caught many persons from the Indian subcontinent (see Sections 1.f. and 
2.d.).
Section 6. Worker Rights
    a. The Right of Association.--The law provides that all workers, 
except for central government civil servants, including medical 
personnel and university academic staff, are free to join unions of 
their choice. In practice, workers employed in export processing zone 
(EPZ) firms, and those working in many restaurants and small firms, 
face dismissal if they join unions. Since 1980, when the Kenya Civil 
Servants Union was deregistered for political reasons, civil servants 
also have been denied union membership. However, the new head of the 
civil service announced in August that the Government may reregister 
the union. The law provides that as few as seven workers may establish 
a union, so long as the objectives of the union do not contravene the 
law, and that another union is not representing the employees in 
question already.
    Unions must apply to and be granted registration by the Government. 
The Government also may deregister a union, but the Registrar of Trade 
Unions must give the union 60 days to challenge the deregistration 
notice. An appeal of the Registrar's final decision may be brought 
before the High Court.
    There are currently 36 unions representing approximately 600,000 
workers, about one-third of the country's formal-sector work force. All 
but four of these unions are affiliated with the one approved national 
federation--the Central Organization of Trade Unions (COTU). The major 
exception is the 260,000-member Kenya National Union of Teachers, which 
represents more than one-third of all unionized workers. The COTU 
leadership generally does not pursue workers' rights vigorously. As a 
result, most union activity takes place at the shop steward level and 
not at the industrial level where most labor-related decisions are 
made, thereby placing the average worker at a disadvantage in disputes 
with management. Many COTU unions have evolved into de facto ethnic 
groupings.
    The Government created COTU in 1965 as the successor to the Kenya 
Federation of Labor and the Kenya African Workers' Congress. The 1965 
decree establishing COTU gives the President the power to remove COTU'S 
three senior leaders from office and grants nonvoting membership on the 
executive board to representatives of the Ministry of Labor and of 
KANU. Although the board is composed of the leadership of affiliated 
unions, it is common for political parties, especially KANU, to provide 
funding and other support for the election of senior union officials. 
For the past few years, leaders from affiliated unions have sought to 
bring about democratic reforms in the election of union leaders, 
independence from the Government, and establishment of links with any 
political party that supports worker rights. The reelection of the COTU 
leadership in 1996 indicated that there would be no major changes in 
the near future. Prior to the 1997 nationalelections, some trade union 
leaders began pushing the COTU to take part in the election reform 
dialog. The COTU leadership took a progovernment position.
    The Trade Disputes Act permits workers to strike, provided that 21 
days have elapsed following the submission of a written letter to the 
Minister of Labor. By law members of the military services, police, 
prison guards, and members of the National Youth Service may not 
strike. Other civil servants, like their private sector counterparts, 
can strike following the 21-day notice period (28 days if it is an 
essential service, such as water, health, education, or air traffic 
control). During this 21-day period, the Minister may mediate the 
dispute, nominate an arbitrator, or refer the matter to the Industrial 
Court, a body of five judges appointed by the President, for binding 
arbitration. Once a dispute is referred to mediation, factfinding, or 
arbitration, any subsequent strike is illegal. Moreover, the act gives 
the Minister of Labor broad discretionary power to determine the 
legality of any strike.
    The Minister has used this power to declare strikes by bank workers 
and teachers illegal, although the required notice had been given. In 
late 1997, the Kenya National Union of Teachers (KNUT) called a 
nationwide strike, which the Government quickly settled with pay 
increases of over 200 percent spread over 5 years, rather than risk 
antagonizing the influential teachers before the election. The 
Government's failure to implement the second phase of the promised pay 
hikes in 1998 resulted in a late 1998 strike by the KNUT. The 
Government declared the strike illegal. Security forces dispersed 
meetings of striking teachers, arrested many teachers and KNUT 
officials, and closed KNUT offices. The strike ended after 15 days when 
the Government refused to renegotiate. Towards the end of the year, the 
Government and the KNUT were again in negotiation regarding 
implementation of the agreed-upon salaries. Relations between the KNUT 
and the Government continue to fester, and anticipated downsizing of 
the civil service is expected to add further fuel to simmering labor 
disaffection.
    The Government's response to wildcat strikes in the past has been 
severe. During the year, there were considerably fewer strikes. In June 
police used a heavy hand to end a work stoppage by private mini-bus 
operators. Police did not intervene in a September strike by Nairobi 
city hall employees. Workers' rights groups continue to raise the 
general problem of the Government's harshness towards labor with the 
International Labor Organization's (ILO) Committee on Freedom of 
Association.
    Internationally, the COTU is affiliated with both the Organization 
of African Trade Union Unity and the International Confederation of 
Free Trade Unions. Many of its affiliates are linked to international 
trade secretariats.
    b. The Right to Organize and Bargain Collectively.--While not 
having the force of law, the 1962 Industrial Relations Charter, 
executed by the Government, the COTU, and the Federation of Kenya 
Employers, gives workers the right to engage in legitimate trade union 
organizational activities. Both the Trade Disputes Act and the charter 
authorize collective bargaining between unions and employers. Wages and 
conditions of employment are established in negotiations between unions 
and management. In 1994 the Government relaxed wage policy guidelines 
to permit wage increases of up to 100 percent and renegotiation of 
collective agreements. Collective bargaining agreements must be 
registered with the Industrial Court in order to ensure adherence to 
these guidelines.
    The Trade Disputes Act makes it illegal for employers to intimidate 
workers. Employees wrongfully dismissed for union activities generally 
are awarded damages in the form of lost wages by the Industrial Court; 
reinstatement is not a common remedy. More often, aggrieved workers 
have found alternative employment in the lengthy period prior to the 
hearing of their cases.
    Legislation authorizing the creation of export processing zones 
(EPZ's) was passed in 1990. The EPZ authority decided that local labor 
laws, including the right to organize and bargain collectively would 
apply in the EPZ's, although it grants many exemptions in practice. For 
example, the Government waived aspects of the law that prevent women 
from working in industrial activities at night. In practice, workers in 
EPZ firms face dismissal if they join unions (see Section 6.a.). Labor 
and some government officials continued to criticize health and safety 
conditions in the EPZ's.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
proscribes slavery, servitude, and forced labor, including forced and 
bonded labor by children; however, under the Chiefs' Authority Act, a 
local authority can require persons to perform community services in an 
emergency. The ILO Committee of Experts has found that these and other 
provisions of the law contravene ILO Conventions 29 and 105 concerning 
forced labor.There are some cases, mostly in rural areas, of children 
being loaned as workers to pay off debts.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Employment Act of 1976 makes the employment in 
industry of children under the age of 16 illegal. The act applies 
neither to the agricultural sector, where about 70 percent of the labor 
force is employed, nor to children serving as apprentices under the 
terms of the Industrial Training Act. Ministry of Labor officers 
nominally enforce the minimum age statute, and the Government is making 
efforts to eliminate child labor, working closely with the COTU and the 
ILO's International Program for the Elimination of Child Labor. The 
problem received considerable media attention during the year.
    Children often work as domestic servants in private homes. Forced 
or bonded labor by children is prohibited by law; however, there were 
some instances in which it occurred (see Section 6.c.). There are many 
instances of children working in the informal sector, mostly in family 
businesses. Children usually assist parents on family plots rather than 
seek employment on their own. However, deteriorating economic 
conditions have given rise to more child labor in the informal sector, 
which is difficult to monitor and control, and is a significant 
problem. Significant percentages of workers on coffee, sugar, and rice 
plantations are children. In addition, there has been an increasing 
number of underage children employed in the sex industry (see Section 
5). In view of the high levels of adult unemployment and 
underemployment, the employment of children in the formal industrial 
wage sector in violation of the Employment Act is less common but not 
unknown.
    e. Acceptable Conditions of Work.--The legal minimum wage for blue-
collar workers in the wage sector has 12 separate scales, varying by 
location, age, and skill level. The lowest minimum wages were $41 
(2,886 shillings) per month in the largest urban areas and $22 (1,540 
shillings) in rural areas. These rates are exclusive of a mandated 15 
percent housing allowance as well as traditional benefits.
    The minimum wage is insufficient to provide a decent standard of 
living for a worker and family. The annual 2 percent wage increase has 
a limited impact on worker income. Most workers relied on second jobs, 
subsistence farming, informal sector opportunities, or the extended 
family for additional support.
    The Regulation of Wages and Conditions of Employment Act limits the 
normal workweek to 52 hours, although nighttime employees may be 
employed for up to 60 hours per week. Some categories of workers have a 
shorter workweek. As is the case with respect to minimum wage 
limitations, the act specifically excludes agricultural workers from 
its purview. An employee in the nonagricultural sector is entitled to 1 
rest day per week. There are also provisions for 21 days of annual 
leave and sick leave. The law also provides that the total hours worked 
(i.e., regular time plus overtime) in any 2-week period for night 
workers may not exceed 144 hours; the limit is 120 hours for other 
workers. Workers in some enterprises claimed that employers forced them 
to work extra hours without overtime pay. The Ministry of Labor is 
tasked with enforcing these regulations, and there are few reports of 
violations.
    The Factories Act of 1951 sets forth detailed health and safety 
standards; it was amended in 1990 to include agricultural and other 
workers. The 65 health and safety inspectors attached to the Ministry 
of Labor's Directorate of Occupational Health and Safety Services have 
the authority to inspect factories and work sites. As a result of the 
1990 amendments, the Directorate's inspectors now may issue notices 
enjoining employers from practices or activities that involve a risk of 
serious personal injuries. Previously, only magistrates were vested 
with this authority. Such notices can be appealed to the Factories 
Appeals Court, a body of four members, one of whom must be a High Court 
judge. The number of factory inspections has increased significantly 
since 1992. A new section stipulates that factories that employ at 
least 20 persons have a health and safety committee with representation 
from workers. However, according to the Government, less than half of 
the very largest factories have instituted health and safety 
committees. The vast majority of factories have yet to comply with the 
new provision. Workers are not forced by law to remain in hazardous 
conditions; however, many would be reluctant to remove themselves 
because of the high unemployment problem and the resulting risk of loss 
of their job.
    f. Trafficking in persons.--Although there are no laws that 
specifically prohibit trafficking in persons, there are potentially 
applicable laws against kidnaping and abduction. There were no reports 
that persons were trafficked in, to, or from the country during the 
year. In past years, there has been anecdotal evidence that citizens 
were trafficked to Saudi Arabia under the guise of employment 
opportunities, and that South Asians were trafficked into the country 
to work in sweatshops.
                                 ______
                                 

                                LESOTHO

    Lesotho is a constitutional monarchy with King Letsie III as Head 
of State. Under the 1993 Constitution, the King fills a ceremonial 
role, has no executive authority, and is proscribed from actively 
taking part in political initiatives. Prime Minister Pakalitha 
Mosisili, the leader of the Lesotho Congress for Democracy (LCD) party, 
took office in June 1998 and is the Head of Government. In the May 1998 
elections the LCD won 79 seats in the expanded 80-member Parliament. 
The Basotho National Party (BNP) won the one remaining seat. Over 700 
foreign and national election observers concluded that the election met 
international standards for a transparent, multiparty election. The 
Langa Commission, a group of election auditors from the Southern 
African Development Community (SADC), reported that while there was no 
evidence to substantiate charges of electoral fraud, mismanagement of 
polling data made it impossible to confirm that fraud did not occur. 
However, opposition parties claimed that the election result was 
fraudulent and launched a prolonged and aggressive protest at the royal 
palace in Maseru in August 1998. Opposition leaders urged the King--who 
had staged a coup in 1994--to dissolve the newly elected Parliament and 
install a government of national unity on the basis of their claim that 
the LCD rigged the election. In September and October 1998, the armed 
opposition protesters used violence to destabilize the Government, 
disarm the police, intimidate workers and business owners, shut down 
government and business operations, and facilitate a junior officer 
rebellion in the army in September. The army rebels, who were armed, 
aligned themselves with the opposition protesters. This resulted in a 
virtual coup and severely strained relations between the Head of State 
and the Government. The palace vigil and protests resulted in 
politically motivated killings, injuries, violence, arson, and 
destruction. These events also precipitated intervention by a SADC 
military task force in September 1998 to quell the army mutiny and 
return society to a state of law and order. In the past, the judiciary 
had been subject at times to government and chieftainship influence; 
however, there were no credible reports of the use of such influence 
during the year.
    The security forces consist of the Lesotho Defense Force (LDF), the 
Lesotho Police Service (LPS--previously known as the Royal Lesotho 
Mounted Police--RLMP), and the National Security Service (NSS). The 
Prime Minister is the Minister of Defense, with direct authority over 
the LDF and the NSS. The police force is under the authority of the 
Minister of Home Affairs. In 1996 and 1997, the Parliament passed the 
Lesotho Defense Act (1996), Regulations for Military Justice (1997), 
and amended the Royal Lesotho Mounted Police Force Act. This 
legislation was designed to bring these services under direct civilian 
control. However, the politicized armed services have a history of 
intervening in the country's politics and government. The LDF ruled the 
country with two successive military regimes from 1985-90, and 1990-93. 
In September 1998, a SADC task force put down an army rebellion, 
arrested LDF rebels, and disarmed the remaining soldiers. Fifty army 
personnel were accused of fomenting mutiny in September 1998 and 
charged in December 1998 with the capital offense of mutiny and high 
treason: they were brought before courts-martial hearings in January. 
This is the first instance in which a court-martial prosecuted LDF 
soldiers for infractions against the Defense Act. The LDF continues to 
be the subject of a national debate on the structure, size, and role of 
the military. The NSS and the LPS also are undergoing comprehensive 
restructuring. There were allegations that the members of the security 
forces on occasion committed human rights abuses.
    Lesotho is a landlocked country surrounded by South Africa and 
almost entirely dependent on its sole neighbor for trade, finance, 
employment, and access to the outside world. About 65,000 men, a large 
proportion of the adult male work force, work in mines in South Africa. 
Miners' remittances account for slightly over one-third of gross 
national product (GNP). Real GNP grew an estimated 8 percent during 
1998, with inflation estimated at less than 7 percent. However, real 
GNP declined to negative 7 percent during the year, partly as a result 
of the destruction caused by the 1998 crisis. Per capita GNP was 
approximately $790. State-owned organizations predominate in the 
agroindustrial and agribusiness sectors, but private sector activity 
dominates in the small manufacturing and construction sectors. The 
opposition protest and SADC intervention resulted in a wave of 
political violence and arson that destroyed nearly 80 percent of the 
commercial infrastructure in Maseru and other towns and villages. 
Thousands of jobs were lost, and many entrepreneurs went bankrupt. 
Hundreds of millions of dollars in losses were sustained. Under the 
traditional chieftainship structure, land use and tenure is controlled 
by the traditional chiefs and formally owned by the Kingdom (i.e., 
``crown lands'').
    The Government generally respected many of the human rights of its 
citizens; however, there continued to be problems in some areas. There 
were unconfirmed allegations of torture by security forces, and 
credible reports that the police, at times, used excessive force 
against detainees. Prison conditions are poor, and lengthy pretrial 
detention is a problem. There are long delays in trials; the RLMP 
members charged with treason in a February 1997 police mutiny have 
remained in the maximum securityprison for 18 months without 
significant progress toward finishing the trials in their cases. The 
security forces infringed on citizens' privacy rights. Discipline 
within the security services was undermined severely during the 1998 
crisis. Clashes with SADC forces initiated by armed opposition 
supporters and army mutineers in September 1998 resulted in the death 
of 9 members of the South African National Defense Force, 60 LDF 
soldiers, and more than 40 citizens allied with the opposition. A total 
of 33 members of the RLMP face sedition and high treason charges 
following their involvement in the February 1997 police mutiny, which 
reflected entrenched mistrust and political competition between the 
Government and some elements within the police force, and an uneasy 
institutional rivalry between elements of the police and the army. The 
LDF ultimately quelled the police mutiny. This step away from active 
partisan engagement in politics to a more professional civil/military 
relationship was reversed by the junior officer mutiny in 1998, which 
undermined the integrity of the security forces. Domestic violence 
remained common, and women's rights continued to be restricted 
severely. Societal discrimination against the disabled is common. 
Government enforcement of prohibitions against child labor is lax in 
commercial enterprises that involve hazardous working conditions. The 
Government restricts some worker rights. Smugglers use the country as a 
transit point for trafficking in persons.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    In February 1998, police fired on a group of protesting textile 
workers, killing 2 persons and injuring more than 20 others (see 
Section 6.a.). Two police officers were arrested and held briefly for 
the shooting; however, they were released when no one came forward to 
lodge a formal complaint. Both officers were transferred from the 
capital to rural districts.
    During the 1998 opposition palace protest, violence between 
protesters and police, between antagonistic political factions, and 
between policemen and soldiers resulted in approximately nine 
fatalities, including one police officer and eight civilians--four of 
whom were opposition supporters, and numerous injuries. These deaths 
were the result of gunshot wounds and fatal beatings sustained during 
enforcement actions and during violent clashes among political party 
supporters. Between September 21 and 28, 1998, nine South African 
soldiers were killed while suppressing the army mutiny. Over 50 LDF 
soldiers and 40 civilians allied with the opposition died in firefights 
with SADC troops. In January the LDF soldiers accused of fomenting the 
army mutiny were brought before a court-martial; 9 of the accused 
soldiers were released due to insufficient evidence, 3 were acquitted, 
and 38 soldiers were charged with the capital offense of mutiny and 
high treason. The courts-martial were ongoing at year's end.
    In March the Government began investigating the 1994 palace coup 
and the alleged involvement of military personnel in the killing of the 
Deputy Prime Minister; 14 members of the LDF were arrested and charged 
with involvement in the killing. Four of the soldiers also are facing 
courts-martial for their role in the 1998 army mutiny. The trials for 
the killing of the Deputy Prime Minister have been delayed until the 
courts-martial are completed.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution expressly prohibits torture or inhuman or 
degrading punishment or other treatment, and the Government generally 
respects these provisions; however, there were credible reports that 
the police at times used excessive force against detainees. Opposition 
leaders and defense lawyers claimed that the LDF soldiers accused of 
mutiny were tortured by government and prison officials, although 
evidence to support such allegations was not provided.
    Prison conditions are poor. Prison facilities are overcrowded and 
in disrepair, but conditions do not threaten the health or lives of 
inmates. Amnesty International representatives visited the LDF soldiers 
accused of mutiny being held in the maximum security prison in Maseru 
and reported that cells were infested with insects, and there was a 
lack of ventilation, light, proper bedding, and adequate sanitation 
facilities. In January the Judge Advocate ordered prison officials to 
improve conditions in the cells in which the soldiers accused of mutiny 
were beingheld. As a result, the soldiers received cots and better 
food. Women are housed separately from men, and juveniles are housed 
separately from adults. Rape in prison reportedly is not a problem.
    In January 50 soldiers accused of involvement in the 1998 mutiny 
revolted in prison. One soldier escaped, but the revolt was quelled 
with the use of only minimum force. In June 41 LDF soldiers revolted 
after prison officials refused to allow them to have food or drinks 
from outside the prison on the grounds that contraband goods were being 
smuggled into the prison. Again, the revolt was quelled with minimum 
force and no casualties.
    Prison conditions are not monitored independently, although Amnesty 
International was permitted to visit the maximum security prison in 
Maseru in October 1998.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention, and there were no reports of 
such abuses. However, opposition leaders alleged that the Government 
engaged in ``political victimization'' by arresting their supporters 
for allegedly unlawful acts and punishing alleged mutinous soldiers 
with incarceration during the 1998 crisis. During the crisis, a number 
of persons were arrested for arson, looting, and possession of stolen 
property and unlawful firearms. Some of the persons searched and 
arrested were opposition supporters; however, there was no clear 
evidence that authorities exclusively targeted opposition supporters. 
The domestic legal and nongovernmental organization (NGO) communities 
are concerned that pretrial detainees, such as those alleged to have 
been involved in 1998 arson and looting incidents, can be held for long 
periods of time before trial; however, efforts have been made to 
improve the judicial administration and reduce the backlog of cases. 
Some persons arrested in interior districts in January for looting, 
arson, and possession of stolen goods in connection with the 1998 
crisis, were tried and sentenced to fines or incarceration.
    Members of the legal community remained concerned that 33 alleged 
police mutineers, who were arrested in February 1997, continued to be 
held without significant progress toward completion of their trials. 
Charges were filed against the mutineers in early 1998, but their 
trials were delayed until late 1998. The trials were ongoing at year's 
end. Government officials indicate that the trials were delayed by 
other priority concerns related to 1998 opposition cases in which the 
Government was accused of electoral fraud, and by the unanticipated 
departure of the Director of Public Prosecutions.
    Pretrial detainees on remand form a significant portion of the 
prison population. Because of serious backlogs of the court caseloads, 
the period of pretrial remand for some suspects can last months or even 
years.
    In 1997 the Government repealed the provisions of the Internal 
Security Act (ISA) of 1984 that allowed for investigative detention.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in the past, magistrates appeared to be 
subject at times to government and chieftainship influence. Opposition 
parties alleged that the High Court was biased against them in relation 
to cases they filed following the May 1998 elections; however, court 
officials indicated that the opposition cases failed to succeed due to 
a lack of evidence to support their claims.
    The judiciary consists of the Court of Appeal (which meets semi-
annually), the High Court, magistrates courts, and customary or 
traditional courts (which exist largely in rural areas to administer 
customary law).
    The High Court also provides procedural and substantive advice and 
guidance on matters of law and procedure to military tribunals; 
however, it does not participate in arriving at judgments. Military 
tribunals operating under the 1996 Defense Act have jurisdiction only 
over military cases, such as the trial of alleged army mutineers. 
Decisions by military tribunals can be appealed only to a special 
courts-martial appeal court, which is composed of two judges from the 
High Court, one retired military officer with a legal background, and 
the registrar of the High Court. In January the defense lawyers for the 
accused army mutineers asked the judge advocate to dismiss all charges, 
alleging that the court-martial hearings were unconstitutional on the 
grounds that the proceedings were overly subject to inappropriate 
command influence and lacked judicial independence. The adjudication 
panelists were the same LDF officers who were rounded up at gunpoint 
during the mutiny and held incommunicado in the maximum security 
prison. The judge advocate denied thelawyers' request. In June upon 
review, the Chief Justice also denied the request, as did the Court of 
Appeals in October.
    Persons detained or arrested in criminal cases and defendants in 
civil cases have the right to legal counsel; however, there is no 
system to provide public defenders. The Ministry of Justice and the NGO 
community maintain a few legal aid clinics. The authorities generally 
respect court decisions and rulings. There is no trial by jury. 
Criminal trials normally are 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 1981 Criminal 
Procedures and Evidence Act, as amended in 1984, makes provision for 
granting bail. Bail is granted regularly and generally fairly. There is 
a large case backlog, which leads to lengthy delays in trials. In 
September 1998, a Molotov cocktail attack on the High Court destroyed 
case files and other important documents and further hampered the 
operations of the courts.
    In civil courts, women and men are accorded equal rights; however, 
in traditional and customary courts, certain rights and privileges 
accorded to men are denied to women. When traditional law and custom 
are invoked in a court case, a male plaintiff can opt for customary 
judgments by a principal chief rather than a civil court, and the 
judgment is binding legally. This system greatly disadvantages women.
    There were no reports of political prisoners.
    f. Arbitrary interference with Privacy, Family, Home, or 
Correspondence.--Authorities infringed on citizen's privacy rights. 
Although search warrants are required under normal circumstances, the 
1984 Internal Security Act (ISA) provides police with wide powers to 
stop and search persons and vehicles and to enter homes and other 
places without a warrant. There are no prohibitions against monitoring 
telephone conversations. The security services are believed to monitor 
routinely telephone conversations of Basothos and foreigners, 
ostensibly on national security grounds. Following the 1998 opposition 
palace protest, police searched the homes of numerous opposition 
members and others for weapons and contraband.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects these rights in practice. There are several independent 
newspapers--including one controlled by the Roman Catholic Church, one 
controlled by the Lesotho Evangelical Church, and four English-language 
weeklies--that routinely criticize the Government. The official state-
owned or state-controlled media consist of one radio station, a 1-hour 
daily newscast on a local television channel, and two weekly 
newspapers, which all faithfully reflect official positions of the 
ruling party. There are four private radio stations but no private 
local television station. South African and global satellite television 
and radio broadcasts are widely available. Despite serious damage to a 
number of news publications caused by arson and looting in September 
1998, these news organizations resumed publishing within months.
    There is a lack of free access to government information, which 
often is described as a limitation on the free press; however, there 
are no other barriers that affect press coverage of government 
activities. In 1998 the National Press Association objected to rules 
established by the Independent Electoral Commission, which barred 
reporters from entering polling stations on election day.
    The Government respects academic freedom. Although the Government 
owns and administers the country's only university, the academic staff 
represents the full political spectrum and is free to express its 
views.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally respects 
this right in practice. Under a 1993 revision of the ISA, a public 
meeting, rally, or march no longer requires prior police permission, 
only advance notification. Political party meetings and rallies are 
held regularly and are unhindered by the Government; however, the 
Government did not approve an opposition protest march to commemorate 
the 1-year anniversary of the 1998 crisis. The Government allowed other 
events related to this anniversary to take place, including religious 
observances.
    The Constitution provides for freedom of association, and the 
Government generally respects this right in practice. In addition to 
the LCD, the Basotholand Congress Party (BCP), and the BNP, there were 
nine smaller registered political parties.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Citizens generally are able to move 
freely within the country and across national boundaries. The 
Government places no obstacles in the way of citizens who wish to 
emigrate.
    In September 1998, numerous serious incidents and threats to the 
safety of citizens by opposition supporters who carried out assaults, 
car-jackings, attacks on residences, and sniper attacks led thousands 
of foreigners and ruling LCD supporters to flee to South Africa in the 
weeks immediately following the SADC military intervention. The 
presence of SADC forces during the year helped to maintain a relative 
peace. Almost all citizens had returned by year's end; however, a large 
number of the foreigners who fled moved their residences across the 
border and commute to their jobs in Lesotho.
    The law provides for the granting of refugee/asylee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. In 1994 the Government allowed about 25 
refugees registered with the U.N. High Commissioner for Refugees to 
study in the country. They were expected to return to their countries 
of first asylum after completing their studies, but had not done so by 
year's end. Other than these students, there is no resident refugee 
population. The Government provides first asylum; however, the issue 
did not arise during the year.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    In the first multiparty democratic elections in 1993, after more 
than 20 years of undemocratic authoritarian and military rule, the BCP 
came to power with complete control of the National Assembly. Despite 
its landslide electoral victory, the BCP Government was forced to 
contend with a number of challenges to its power, including a violent 
opposition destabilization campaign based on allegations that the BCP 
had won by fraud. These challenges culminated in August 1994 when King 
Letsie III unconstitutionally suspended the Parliament and installed a 
ruling council. Many Basotho responded by demonstrating their support 
for the democratically elected BCP government. Organized labor and 
others held two national demonstrations--``stayaways''--to express 
support for the ousted government, and there were numerous rallies at 
the National University. As a result of both local and international 
pressure, the King reversed himself, and the BCP regained control of 
the Government.
    A 1994 Memorandum of Understanding between King Letsie III and 
Prime Minister Dr. Ntsu Mokhehle, which was brokered by South Africa, 
Botswana, and Zimbabwe, called for the reinstatement of the King's 
father, Moshoeshoe II, who had been deposed by the previous military 
Government and exiled in 1990, and for measures to broaden 
participation in the political process. In early 1995, Moshoeshoe II 
was reinstated as King. In January 1996 upon the death of his father, 
King Letsie III was sworn in again as King. The formal coronation of 
King Letsie III was held in October 1997. The 1994 suspension of the 
Constitution by Letsie, although short-lived, highlighted the fragility 
of rule within the constitutional monarchy.
    The 1998 crisis was similar to that of the 1993-94 post-electoral 
period. In both cases, opposition party members alleged electoral 
fraud, suborned army supporters, sought the King's involvement, and 
effectively overthrew the elected Government. However, in 1998 the King 
did not take an active role in the opposition campaign, as he did in 
1994, and, based on the 1994 Memorandum of Understanding, Prime 
Minister Mosisili asked SADC to intervene militarily to stabilize the 
situation.
    In the May 1998 elections, the LCD won 79 of 80 parliamentary 
seats. The BNP won the other seat. International observers concluded 
that the elections met international standards for a multiparty 
election and reflected the will of the voters. Despite the opposition 
coalition claims, the Langa Commission, composed of international 
observers from four southern African countries, reported no definitive 
findings of vote rigging or fraud. However, post-election management of 
electoral and polling station data was poor. Consequently, the 
Commission stated that the documentation was in such disarray that it 
couldnot prove that fraud had not occurred, and this encouraged the 
opposition to charge that errors short of fraud could have affected the 
results.
    In October 1998, the LCD and the newly formed opposition alliance 
agreed to hold new elections within 2 years as a means of resolving the 
ongoing political crisis. Local elections, scheduled to be held late in 
1998, were postponed because of the 1998 crisis. Negotiations under 
SADC supervision resulted in the December 1998 establishment of the 
Interim Political Authority (IPA) with a mandate to prepare for new 
elections within 18 months (i.e., in the first half of 2000). The IPA 
made little progress in meeting its objectives to resolve political 
disputes or achieve a national consensus on an electoral model. 
However, in November an arbitration award broke the IPA deadlock. Under 
the arbitration award, the Parliament is to expand from 80 to 130 
seats. In the next election only, candidates will compete for 80 
constituency seats and 50 proportional representation seats. 
Thereafter, the number of constituency seats and proportional 
representation seats is to be equal. National multiparty elections are 
not expected to be held until sometime in late 2000.
    There are no legal impediments to women's participation in 
government or politics, but women remain underrepresented. There are 2 
women in the 80-member House of Assembly and 7 women in the 33-member 
Senate. A woman serves as the Minister of Environment, Women, and Youth 
Affairs. In October the Parliament unanimously elected the first female 
Speaker of the House Assembly.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government did not hinder the activities of nongovernmental 
human rights groups, which operated freely and criticized the 
Government. The Government did not impede or object to an October 1998 
Amnesty International visit to investigate human rights abuses.
Section 5. Discrimination Based on Race, Sex, Religion, Language, 
        Disability, or Social Status
    The Constitution prohibits discrimination based on race, color, 
sex, language, religion, political or other opinion, national or social 
origin, birth, or other status, and the Government generally respected 
these prohibitions in practice. However, the Constitution also 
recognizes customary law as a parallel legal system, and women's 
inheritance and property rights are restricted severely under the 
traditional chieftainship system.
    Women.--Domestic violence, including wife beating, occurs 
frequently. Dependable statistics are not available, but the problem is 
believed to be widespread. In Basotho tradition, a wife may return to 
her ``maiden home'' if physically abused by her husband. Under common 
law, wife beating is a criminal offense and defined as assault. 
However, few domestic violence cases are brought to trial. Beatings and 
violence against women perpetrated by husbands or other male relatives 
occur frequently; however, increasingly it is considered socially 
unacceptable behavior. A national conference held in March 1998 on the 
empowerment of women noted that of 100 cases of human rights abuses, 90 
percent of the victims were women who were victims of domestic 
violence, rape, and sexual harassment.
    There were credible reports that the country is used as a transit 
point for trafficking in persons (see Section 6.f.).
    Both law and custom under the traditional chieftainship system 
severely limit the rights of women in areas such as property rights, 
inheritance, and contracts. Women have the legal and customary right to 
make a will and sue for divorce. However, under customary law, a 
married woman is considered a minor during the lifetime of her husband. 
She cannot enter into legally binding contracts, whether for 
employment, commerce, or education, without her husband's consent. A 
woman married under customary law has no standing in civil court and 
may not sue or be sued without her husband's permission. Government 
officials publicly have criticized this customary practice, which 
discriminates against women. The tradition of paying a bride price 
(lobola) is common. Polygyny is practiced by a very small percentage of 
the population.
    Women's rights organizations have taken a leading role in educating 
women about their rights under customary and common law, highlighting 
the importance of women participating in the democratic process. In 
1998 the Government created a Ministry of Gender Affairs.
    Children.--The Government has not addressed adequately children's 
rights and welfare, although it has devoted substantial resources to 
primary and secondary education. Education is not compulsory even at 
the primary levels, and some 25 percent of children do not attend 
school, particularly in rural areas, where children are involved in 
subsistence activities in support of their family's welfare, or where 
families cannot afford the costs associated with school attendance (for 
example, fees for purchase of uniforms, books, and materials). The 
problem of school nonattendance affects boys disproportionately more 
than girls. In traditional rural Basotho society, livestock herding by 
young boys is a rite of passage and a prerequisite to manhood in the 
community.
    There is no pattern of societal abuse against children, but many 
children work at a relatively young age (see Section 6.d.). Familial 
stress, poverty, the spread of HIV/Aids, and divorce have led to a rise 
in child homelessness and abandonment, creating a growing number of 
street children. There were credible reports that the country was used 
as a transit point for trafficking in persons (see Section 6.f).
    People with Disabilities.--Discrimination against physically 
disabled persons in employment, education, or provision of other 
government services is unlawful; however, societal discrimination is 
common. The Government has not legislated or mandated accessibility to 
public buildings for the disabled.
    National/Racial/Ethnic Minorities.--Most citizens speak a common 
language and share common historical and cultural traditions. Small 
numbers of Asians (primarily ethnic Chinese and Indians) and South 
African whites are active in the country's commercial life. Economic 
and racial tension between the Chinese business community and the 
Basotho remained a problem.
Section 6. Worker Rights
    a. The Right of Association.--Under the law, workers have the right 
to join or form unions without prior government authorization, with the 
exception of civil servants. The Labor Code prohibits civil servants 
from joining unions. The Government regards all work by civil servants 
as essential. In a 1997 judgement by the High Court concerning a 
petition filed by the Lesotho Union of Public Servants (LUPE) against 
the registrar of law, the Chief Justice dismissed the LUPE's 
application to form a union on the grounds that it was not consistent 
with the Labor Code. The LUPE filed an appeal with the Appeals Court, 
but it had not been heard by year's end.
    Under the 1993 Labor Code, prepared with the assistance of the 
International Labor Organization (ILO), all trade union federations 
require government registration. There are two small trade union 
federations that rarely cooperate with one another: the Lesotho Trade 
Union Congress and the Lesotho Federation of Democratic Unions. Unions 
are not affiliated formally or tied to political parties.
    The labor and trade union movement is very weak and fragmented. 
There are several small unions in the public and industrial sectors, 
but there is no unified trade union congress. There are cases of unions 
competitively organizing small numbers of workers in the same sector. 
Overall, unionized workers represent only about 10 percent of the work 
force. Consequently, efforts toward collective bargaining and 
tripartite policymaking are not amenable to strong trade union 
influences.
    There is credible evidence that some employers inhibit union 
organizers from access to factory premises to organize workers or to 
represent them in disputes with owners or managers. There were reports 
that some employers harassed union organizers and intimidated members 
and that union activists frequently were fired (see Section 6.b.).
    A large percentage of the male labor force works in the gold and 
coal mines of South Africa. The majority of the remainder is engaged 
primarily in traditional agriculture. A majority of Basotho mine 
workers are members of the South African National Union of Mineworkers 
(NUM); however, as a foreign organization, the NUM is not allowed to 
engage in union activities.
    No legally authorized strike has occurred since independence in 
1966. Civil servants generally are not allowed to strike, and all 
public sector industrial actions are, by definition, unauthorized. In 
the private sector, the Labor Code requires an escalating series of 
procedures to be followed by workers and employers before strike action 
is authorized. In past years, some small unions and their members have 
undertaken wildcatstrikes or spontaneous industrial actions without 
following the procedures for dispute resolution. In February a wildcat 
strike took place in the textile sector. Legal protection for strikers 
against retribution has not always been enforced in cases of illegal 
strikes. Security forces violently suppressed some wildcat strikes in 
the textile, garment, and construction industries in 1994, 1996, and 
1998. In February 1998, police fired shotguns into a group of workers 
protesting at a textile plant for better wages and conditions of work, 
killing 2 workers and injuring more than 20. Two police officers were 
arrested and held briefly for the shooting; however, they were released 
when no one came forward to lodge a formal complaint. Both officers 
were transferred from the capital to rural districts.
    There were no instances of governmental restrictions on 
international affiliations or contacts by unions or their members.
    b. The Right to Organize and Bargain Collectively.--All legally 
recognized trade unions in principle enjoy the right to organize and 
bargain collectively; however, in practice the authorities often 
restrict these rights. Employers usually are not cooperative in this 
area. Employees often are threatened with expulsion and loss of 
employment if they join unions. There is credible evidence that some 
employers in the textile and garment sector engage in the use of 
blacklists to deny employment to workers who have been fired by another 
employer within that sector. There were reports that some employers 
harassed union organizers. Although there was some collective 
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 manufacture for export. All national labor laws apply in 
these industrial zones; however, employers in the zones do not always 
respect these rights in practice. Employers reportedly harassed and 
intimidated union organizers, and prevented them from entering the 
zones. There were reports that union activists often were fired. There 
were also reports that many companies in the zones pay below minimum 
wage, enforce long hours, lock in workers until orders are finished, 
refuse payment for sick leave, and deduct wages when employees are 
found talking or take more than one break a day.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The 1987 Employment 
Act prohibits forced or compulsory labor, including that performed by 
children, and there is no credible indication that such labor is 
practiced. There were credible reports that the country was used as a 
transit point for trafficking in persons (see Section 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum age for employment in commercial or 
industrial enterprises is 14. However, reportedly children under 14 are 
employed in the textile and garment sector and in family-owned 
businesses. According to a 1994 study by a foreign government, as much 
as 15 percent of the textile work force of some 15,000 persons may be 
children between the ages of 12 and 15. The Ministry of Labor denies 
the validity of this report. The ILO was not able to confirm 
allegations of illegal child labor after visiting all 14 of the 
country's garment producers in 1994 in response to a complaint by trade 
unions in the textile and clothing industry.
    There are statutory prohibitions against the employment of minors 
in commercial, industrial, or non-family enterprises involving 
hazardous or dangerous working conditions, but enforcement is very lax. 
The Ministry of Labor and Employment's Inspectorate is severely 
understaffed. Youths under 18 years of age may not be recruited for 
employment outside of the country. In traditional society, rigorous and 
occasionally dangerous working conditions for the country's young 
livestock herdboys are considered a prerequisite to manhood, essential 
to the livelihood of families, and a fundamental feature of local 
culture beyond the reach of labor laws. The Government specifically 
prohibits forced and bonded labor by children, and there were no 
reports that it occurred (see Section 6.c.).
    e. Acceptable Conditions of Work.--In general, wages are low. The 
monthly minimum wage for unskilled labor is $68 (320 maloti), and $131 
(616 maloti) for a heavy vehicle operator. Minimum wages for workers in 
lower skilled jobs are insufficient to ensure a 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 private employers paymore than minimum 
wages in an effort to attract and retain motivated employees. However, 
there is also reason to believe that some employers, especially in 
export sectors, treat the minimum wage as a maximum wage. This 
situation is made possible by the high levels of unemployment and 
underemployment, which provide a large pool of surplus unskilled labor 
that bids down wage rates and threatens job security for workers who 
make demands for better wages and conditions of work.
    The Labor Code spells out basic worker rights, including a maximum 
45-hour workweek, a weekly rest period of at least 24 hours, 12 days of 
paid leave per year, and paid public holidays; however, employers do 
not always respect these rights in practice. There are reports of 
employers locking in workers until an order is finished without 
overtime pay and of employers refusing sick leave. Workers generally 
are unable to obtain an expeditious hearing in court on their 
complaints. The labor court has a large backlog of industrial dispute 
cases on the docket; there is only one labor judge to deal with cases 
filed as early as 1995.
    The Labor Code requires employers to provide adequate light, 
ventilation, and sanitary facilities for employees and to install and 
maintain machinery in a manner designed to minimize the risk of injury. 
However, 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. However, Labor 
Code sections on safety in the workplace and dismissal imply that 
dismissal in such circumstances would be illegal.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons, and there were credible reports that illegal immigrant 
smugglers, primarily from South and East Asia, take advantage of the 
country's undersupervised borders to pass persons temporarily through 
the country to transportation hubs in South Africa for onward movement 
to Europe and North America. It is not clear to what extent these 
organizations are recruiting or transporting persons illegally for 
involuntary servitude, slavery, or forced or bonded labor. It is 
suspected that most of the persons who are moved by these criminal 
organizations are primarily economic immigrants seeking employment in 
North Atlantic countries. There is no evidence of forced or bonded 
labor or servitude in the country resulting from these activities.
                                 ______
                                 

                                LIBERIA

    Liberia is a centralized republic, dominated by a strong 
presidency. Although the Constitution provides for three branches of 
government, there is no effective system of checks and balances, and 
presidents traditionally have wielded extraordinary power. Americo-
Liberians, descendants of freed African-American slaves from the United 
States and the Caribbean who make up about 5 percent of the population, 
dominated the country's government through the True Whig party until 
1980. In 1980 Sergeant Samuel K. Doe, a member of the indigenous Krahn 
ethnic group, seized power in a military coup. Doe was killed by rebels 
in 1990 early in the 7-year-long, ethnically divisive civil war, which 
was ended by the Abuja Peace Accords in 1996. Forces led by Charles G. 
Taylor, who is of both indigenous and Americo-Liberian ancestry, 
emerged dominant. In July 1997, Taylor won the presidential election, 
and his National Patriotic Party (NPP) won three-quarters of the seats 
in the Legislature. The elections were administratively free and 
transparent, but were conducted in an atmosphere of intimidation, as 
most voters believed that Taylor's forces would have resumed fighting 
if he had lost. Most other leaders of the former warring factions 
subsequently left the country. The bicameral Legislature exercised 
little independence from the executive branch. The judiciary is subject 
to political influence, economic pressure, and corruption.
    The regular security forces included: The Armed Forces of Liberia 
(AFL); the Liberia National Police (LNP), which has primary 
responsibility for internal security; the Antiterrorist Unit (ATU), 
composed of an elite special forces group; and the Special Security 
Service (SSS), a large, heavily armed executive protective force. There 
also are numerous irregular security services attached to certain key 
ministries and parastatal corporations, the responsibilities of which 
appear poorly defined. The national army, which fought against Taylor's 
faction during the civil war, has yet to be downsized and restructured 
as required by the Abuja Peace Accords, although a restructuring plan 
exists. Only a few contingents have been deployed to maintain security 
in parts of rural areas. The many newly created security services 
absorbed Taylor's most experienced civil war fighters, including 
undisciplined and untrained loyalists. While civilian authorities in 
Monrovia generally maintained control of the security forces, 
frequently they acted independently of government authority, 
particularlyin rural areas. Members of the security forces committed 
numerous serious human rights abuses.
    Liberia is a very poor country with a market-based economy that has 
yet to recover from the ravages of the civil war. Average per capita 
income is estimated at only a small fraction of the prewar level. Prior 
to 1990, the cash economy was based primarily on iron ore, rubber, 
timber, diamond, and gold exports. Unemployment of 85 percent, a 15 
percent literacy rate, the internal displacement of civilians in Lofa 
and Nimba counties, and the absence of infrastructure throughout the 
country continued to depress productive capacity, despite the country's 
rich natural resources and potential self-sufficiency in food. 
Government officials and former combatants continued to exploit the 
country's natural resources for personal benefit. Extortion is a 
widespread phenomenon in all levels of society.
    The Government's human rights record remained poor, and there were 
serious problems in many areas. The security forces committed many 
extrajudicial killings. They were accused of killing or causing the 
disappearance of citizens from Lofa county. Security forces tortured, 
beat, and otherwise abused or humiliated citizens. The Government 
investigated some of the alleged abuses by the security forces, but in 
all cases in which officers were charged, they either were treated 
leniently or exonerated. Prison conditions were harsh and sometimes 
life threatening. Security forces continued at times to use arbitrary 
arrest and detention, and lengthy pretrial detention remained common. 
The judicial system, hampered by political influence, economic 
pressure, inefficiency, corruption, and a lack of resources, was unable 
to ensure citizens' rights to due process and a fair trial. In some 
rural areas where the judiciary had not been reestablished, clan 
chieftains administered criminal justice through the traditional 
practice of trial-by-ordeal; at times the authorities tacitly condoned 
this practice. Over 1 dozen political prisoners remained in jail. 
Security forces violated citizens' privacy rights, conducted 
warrantless searches, harassment, illegal surveillance, and looted 
homes. The Government restricted freedom of the press and assaulted, 
threatened, and intimidated journalists into self-censorship. Security 
forces restricted freedom of movement, using roadblocks to extort money 
from travelers and returning refugees. Security forces frequently 
harassed human rights monitors. Violence and discrimination against 
women remained problems. The education and care of children remained 
widely neglected, and female genital mutilation (FGM) continued to 
increase. Societal ethnic discrimination remained widespread, ethnic 
differences continued to generate violence and political tensions, and 
the Government continued to discriminate against indigenous ethnic 
groups that had opposed Taylor in the civil war, especially the 
Mandingo and the Krahn ethnic groups. Forced labor, including by 
children, persisted in rural areas. Child labor remained widespread, 
and there were reports of forced child labor. Ritualistic killings also 
persisted.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Security forces 
continued to commit extrajudicial killings during the year. Human 
rights organizations estimate the number of extrajudicial killings to 
be approximately 100; however, there were no convictions of the 
perpetrators. Beginning in August when it appointed Paul Mulbah as the 
new director of the LNP, the Government stepped up its efforts to curb 
these and other abuses by members of the security forces.
    There were credible reports that government forces as well as 
members of the Loma ethnic group harassed and intimidated members of 
the Mandingo ethnic group, including the burning of mosques. There are 
credible reports that during the incursions and counter-attacks in Lofa 
county, hundreds were killed and thousands of citizens plus refugees 
from Sierra Leone were forced to flee the area. In July Sierra Leonan 
refugees began to leave two refugee camps in northern Lofa country 
because of the instability and harassment by security forces. Many 
walked for days to reach the help of the U.N. High Commissioner for 
Refugees (UNHCR) in Bomi county, which transported them to a refugee 
camp near the border with Sierra Leone. Lofa county residents 
complained of constant harassment and intimidation by the police and 
paramilitary forces used by the Government to quell the incursions.
    In May a human rights organization reported that a security officer 
was beaten to death and called for an investigation. The LNP stated 
that the officer had died in a traffic accident. President Taylor later 
told a press conference that the officer died while in detention. No 
one was charged in connection with the officer's death.
    A U.N. team visited in May to investigate the September 1998 
violence. No government forces were arrested. The Government arrested 
14 Krahn civilians in 1998 and tried them for sedition. Thirteen were 
convicted in 1999 and are serving 10-year terms. Nine Krahn AFL 
soldiers were arrested and were standing trial at year's end. Five 
other Krahn arrested in 1998 in connection with the September 1998 
violence were not charged by year's end.
    The President Pro Tempore of the Senate told the Inter-
parliamentary Union that the investigation into the 1997 killings of 
opposition political leader Samuel Saye Dokie and three family members 
continued. However, authorities did not report any results from a 
promised investigation.
    There was no follow-up in investigations of the 1998 extrajudicial 
killings of Mannah Zekay, John Nimely, or others reported during that 
year.
    There was no report released by the Government following its 
November investigation of the reported killing of as many as 30 
Mandingos in Lofa county in August. Although the authorities 
subsequently arrested 19 persons, they did not charge anyone with a 
crime. Mandingo residents of Lofa county continued to be afraid to 
return to their homes.
    Reports of ritualistic killings, in which human body parts used in 
traditional rituals are removed from the victim, continued to occur. 
The number of such killings is difficult to ascertain, since police 
often described deaths as accidents even when body parts have been 
removed. Deaths that appear to be natural or accidental sometimes are 
rumored to have been the work of ritualistic killers. Most reported 
ritual killings were from the southeastern counties. In August the 
Government sent a high-level national police delegation to investigate 
alleged ritual killings in Harper, Maryland county.
    b. Disappearance.--Security forces produced suspects whom they had 
held without charge when the courts issued writs of habeas corpus on 
the applications of human rights organizations. Their disappearances 
were often the result of prolonged illegal detention at the Gbartala 
base (see Section 1.c.). There were a number of reports that ethnic 
Mandingos disappeared following the violence in Lofa county in April 
and August. Eyewitnesses gave a detailed account, stating that all the 
men in a Lofa county village were taken away by government security 
forces. It is not known whether the missing individuals were killed or 
fled to Guinea or other parts of the world. There were no reports by 
year's end that the Government carried out its promised investigation 
of the incident.
    There were no developments in the 1998 disappearance case of market 
woman Nowai Flomo.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture and other degrading 
treatment; however, government security forces sometimes tortured, 
beat, and otherwise abused and humiliated citizens. In several cases, 
security forces produced suspects whom they had held without charge 
when the courts issued writs of habeas corpus on the applications of 
human rights organizations. The detainees charged that they were 
tortured while in detention at a security training base in Gbatala. 
Victims reported being held in water-filled holes in the ground, being 
injured when fires were kindled on grates over their heads, being 
urinated on, and suffering beatings and sexual abuse. In October human 
rights organizations called for the closure of the base because of the 
reports of torture there. The number of credible claims of such 
treatment indicates a pattern of abuse at the base. The Government did 
not report any results of its promised investigation by year's end.
    An assistant minister for public security and some security force 
members were dismissed and tried and convicted of aggravated assault 
after being charged with forcibly removing amagistrate from his 
courtroom and torturing him because they took exception to a court 
ruling.
    In March in Dambala, a village near the border with Sierra Leone, a 
group of armed soldiers reportedly beat and detained men, raped women, 
and looted homes.
    Government security personnel assaulted and injured a few 
journalists (see Section 2.a.).
    Members of the security forces, as well as the ATF, AFL, and the 
SSS were implicated in numerous reports of harassment, intimidation, 
and looting. Beginning in August, new LNP director Mulbah took steps to 
investigate and discipline officers accused of human rights abuses. For 
example, in October citizens of the southeastern county of Maryland 
reported harassment and intimidation by officers, including a shooting 
and beatings of local citizens (see Section 1.e.). In response the 
director dispatched a team of LNP inspectors to investigate. In October 
two SSS officers were found guilty in an SSS investigation and 
imprisoned for harassing and intimidating citizens.
    Security force personnel in rural areas were paid and provisioned 
inadequately and often extorted money and goods from civilians. There 
were many credible reports that security forces harassed returning 
refugees, displaced persons, and refugees from Sierra Leone, especially 
in the border areas. Numerous abuses occurred following the incidents 
in Lofa county in April and August (see Sections 1.f. and 2.d.).
    Government security personnel were involved in the looting of 1,450 
tons of food intended for Sierra Leonean refugees, theft of vehicles 
belonging to international organizations and nongovernmental 
organizations (NGO's) and the personal property of foreigners and 
citizens. The international community publicly decried the Government's 
support for the Revolutionary United Front rebels in the civil war in 
Sierra Leone.
    During the first half of the year, the police manhandled numerous 
petty traders and confiscated money and goods in various market areas, 
while attempting to prevent small traders from operating outside areas 
designated for them. Paul Mulbah, the police director appointed in 
August, took steps to end these abuses.
    Clan chieftains continued to use the traditional practice of trial-
by-ordeal to resolve criminal cases in rural areas. Although the 
Supreme Court ruled that trial-by-ordeal--commonly the placement of a 
heated metal object on a suspect's body in an attempt to determine 
whether the defendant is telling the truth--is unconstitutional, the 
Ministry of Internal Affairs continued tacitly to condone the practice 
in an unknown number of cases during the year. A lawsuit filed in 1994 
for injuries resulting from trial-by-ordeal was still pending before 
the Supreme Court at year's end.
    The widow of an Armed Forces of Liberia (AFL) soldier reported that 
after her husband was killed on duty at the Liberia-Guinea border 
during the April incident, she was beaten severely and abducted by 
members of the Mandingo ethnic group and taken to Guinea. She later 
escaped and returned to the country.
    Prison conditions were harsh and in some cases life threatening. 
There were credible reports of unofficial detention facilities in which 
detainees were held without charge and in some cases tortured. The 
Government did not provide detainees or prisoners in official 
facilities with adequate food or medical care. Cells at Monrovia 
Central Prison are overcrowded, mostly with detainees awaiting trial. 
Only about 10 percent of the total prison population have been 
convicted of criminal offenses. Convicted prisoners and detainees 
awaiting trial are not confined in separate facilities. Many of the 
detainees have been subjected to lengthy pretrial detention, and in 
some cases, the period of detention approximates the length of sentence 
for the crime in question. Similar conditions exist in the Barclay 
Training Center military stockade. In some counties, the structure that 
serves as a jail is a container with bars at one end.
    In a number of cases, human rights groups and interested 
individuals achieved the release of prisoners. In November a legal aid 
organization obtained the release without bail from Monrovia Central 
Prison of a pregnant woman charged with theft. The woman, who was 8 
months pregnant, had been detained without trial since July.
    Women, who constitute about 5 percent of the prison population, 
were held in separate cells. Their conditions are comparable to that of 
the male prisoners and detainees. There were no separate facilities for 
juvenile offenders.
    The Government permits the independent monitoring of prison 
conditions by local human rights groups, the media, and the ICRC. The 
ICRC is allowed to visit prisoners in prison facilities and police 
detention centers without third parties present and to make regular 
repeat visits. However, visits to unofficial detention centers often 
are denied. For example, despite requests made by NGO's to the Defense 
Ministry, no independent monitor has been allowed to visit the Gbatala 
base in which victims have been detained illegally and tortured.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention; however, security forces 
continued at times to arrest and detain persons arbitrarily. The 
Constitution provides for the rights of the accused, including warrants 
for arrests, and the right of detainees either to be charged or 
released within 48 hours). Although the Government generally adheres to 
these standards, warrants were not always based on sufficient evidence, 
and detainees, especially those without the means to hire a lawyer, 
often were held for more than 48 hours without charge. In some cases, 
persons were detained secretly at unofficial detention centers (see 
Section 1.c.).
    The Constitution provides for the right of a person who is charged 
to receive an expeditious trial; however, lengthy pretrial and 
prearraignment detention remained a serious problem (see Section 1.c.). 
Five detained soldiers awaiting court-martial for desertion during the 
September 1998 incident have been incarcerated in the stockade since 
November 1998. Should they be convicted, the maximum sentence would be 
6 months' imprisonment.
    The police have only limited logistics and forensic capabilities 
and cannot adequately investigate many crimes, including murder cases. 
When the courts release known criminals for lack of evidence, police 
officers often rearrest them on specious charges.
    Authorities charged journalists with contempt and detained some 
journalists (in one case for more than the legal limit of 48 hours), 
without charge (see Section 2.a.).
    The Government did not use forced exile, but the security forces 
frequently harassed and threatened opposition figures and human rights 
activists to the point that a number of them departed the country due 
to fear for their personal safety or that of their families. An 
internationally renowned human rights activist was forced to leave the 
country for fear of his life by various security officials. In January 
17-year-old child rights advocate Kimmie Weeks fled the country to 
avoid harassment by security personnel disturbed by his charges that 
the Government was training child soldiers. Several times during the 
year, President Taylor publicly alleged that some of these opposition 
figures had gone abroad to conspire in the overthrow of his Government. 
The effect of such statements was to keep numerous prominent opposition 
figures and former warlords out of the country throughout the year.
    e. Denial of Fair Public Trial.--Although the Constitution provides 
for an independent judiciary, judges are subjected to political, 
social, familial, and financial pressures, leading to the corruption of 
the judiciary. Some judges and magistrates are not lawyers. The 
judiciary determined that it is not feasible to retire immediately all 
judicial personnel who are not legally trained but intends to replace 
those currently sitting by lawyers as they retire. The Supreme Court 
ruled that members of the bar must be graduates of a law school and 
pass the bar examination. The executive branch continued to exert undue 
influence on the judiciary. Early in the year, the President's personal 
aide-de-camp prevented the execution of a Supreme Court decision 
against a major bank. The aide reportedly feared that its failure would 
injure the country's fragile economy. The Court was not able to enforce 
its decision, at least partially because the plaintiff did not inform 
the Court that its decision was not executed.
    The judiciary is divided into four levels, with the Supreme Court 
at the apex. All levels of the court system in Monrovia, including the 
Supreme Court functioned erratically. In 1997, for the first time in 
the country's history, a juvenile court system was established for all 
13 counties. However, by year's end, the only functioning juvenile 
court was in Monrovia. The Monrovia juvenile court has heard 50 cases 
since its inception. A criminal court established in late 1997 
specifically to handle armed robbery cases remains ineffective. The 
Government's efforts to revitalize the court system outside Monrovia 
continued to be troubled by lack of trained personnel, infrastructure, 
and lack of adequate funding. Although judges were assigned throughout 
the country, in some cases they were unable to hold court due to lack 
of supplies and equipment. Several localities reverted to traditional 
forms of justice administered by clan chieftains (see Section 1.c.).
    Under the Constitution, defendants have due process rights that 
conform to internationally accepted standards. However, in practice 
these rights are not always observed. Defendants have the right to a 
public trial and timely consultation with an attorney. However, there 
is no effective system to provide public defenders, especially in the 
rural areas. Courts regularly received bribes or other illegal gifts 
out of damages that they awarded in civil cases. Defense attorneys 
often suggested that their clients pay a gratuity to appease judges, 
prosecutors, and police officers to secure favorable rulings.
    There are 13 political prisoners. In September 1998, following 
Operation Camp Johnson Road, the Government arrested 9 Krahn members of 
the armed forces and 19 civilians, including some senior Krahn leaders, 
on charges that included treason and sedition. The Government dropped 
charges against 5 of the civilian suspects in return for their 
testimony as state witnesses; the trial of the remaining 14 civilian 
defendants was completed in April. One defendant was acquitted, and the 
13 others were convicted of treason and sentenced to 10 years' 
imprisonment (see Section 1.e.).
    The jury trial was public and attended by international observers. 
Some observers believed that the defendants did not receive due process 
and that the jury was influenced significantly by ethnic ties. The 
military trials of nine Krahn AFL officers remained in progress at 
year's end.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the right of privacy and 
the sanctity of the home; however, authorities regularly infringed on 
these rights. The Constitution provides that the police must obtain a 
warrant, or have a reasonable belief that a crime is in progress, or is 
about to be committed, before entering a private dwelling. In practice 
police and paramilitary officers frequently entered private homes and 
churches without warrants to carry out arrests and investigations. 
Since Mulbah's appointment as LNP director, the LNP took some steps to 
address the culture of impunity in the police force, but very little 
has been done to control the military and paramilitary forces' 
gratuitous acts of random cruelty against civilians.
    The security forces harassed and threatened opposition figures and 
their families by conducting illegal surveillance. In some cases, they 
entered the homes of opposition figures, usually at night. Former 
combatants also harassed citizens with little fear of reprisal for 
their actions. In July approximately 100 former combatants stormed the 
home of a democracy advocate while he was out of the country, looting 
his home and terrorizing his family. No charges were brought against 
any of the former combatants. This incident and several other illegal 
entries prompted an opposition party leader to suspend the community 
development project that she sponsored. Several journalists and human 
rights activists resided in the homes of friends or relatives for 
months at a time due to fear that the security forces might follow 
through with their threats against them. These incidents of harassment 
increased significantly in the immediate aftermath of the violence in 
Lofa county in April and August, particularly against members of the 
Mandingo ethnic group. In rural areas, armed security forces illegally 
entered homes, most often to steal food, money, or other property (see 
Section 1.c.). This problem was especially prevalent in remote parts of 
Lofa county during the year.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government restricted 
this right in practice. Security agents threatened and assaulted 
journalists and intimidated many journalists into practicing self-
censorship.
    With some notable exceptions, government officials are grudgingly 
tolerant of the press. However, they frequently rebuked the media 
publicly for what they considered negative reporting of events. 
Security personnel sometimes interpreted such criticism as a license to 
harass, threaten, and even assault targeted persons. Some media 
executives suspended journalists for broadcasting or writing news 
articles that were critical of security forces. At times such news 
reporting that criticized the Government brought threats of violence, 
closure, or directives from powerful government figures to advertisers 
that they should discontinue business with that media outlet. 
Government officials stated that there were no journalists in jail.
    Government officials criticized journalists who used the Internet 
to express opinions that the authorities considered detrimental. Many 
persons believed that the Government blocked Internet access during the 
latter half of the year.
    Journalists generally are left to print or say what they dare, 
provided that they are willing to face strong criticism and the 
possible consequences. Sometimes journalists are brash and even 
provocative, but they also go through periods of self-censorship after 
they receive threats, whether perceived or genuine. Government security 
personnel assaulted and injured a few journalists and security agents 
confiscated or destroyed some equipment (see Section 1.a.). Journalists 
were charged with contempt, some were detained (in one known case, more 
than the legal limit of 48 hours without charge), and some sought 
asylum outside the country (see Section 1.d.). In July a consignment of 
The African Observer was seized upon arrival at Roberts International 
Airport because it contained an article that authorities considered 
critical of the Government.
    No action was taken during the year in the case of the police 
forces' 1998 flogging of journalist Hassan Bility.
    The Ministry of Information, Culture, and Tourism did not apply fee 
regulations regarding yearly licensure for media outlets uniformly. It 
changed the deadline for fee payments, and although it allowed some 
delinquent media outlets to pay their fees late, it did not accept late 
payment from one newspaper with the result that the newspaper had to 
cease publication. Authorities considered a former editor now in exile 
of the newspaper to be antigovernment and believed that his successors 
were carrying on his tradition.
    There is still only one printing facility capable of producing 
newspapers, and its management is subject to pressure from the 
Government. Several editors of the independent media practice self-
censorship in order to stay in business and keep their advertisers (who 
also respond to official pressure). To meet costs of production, the 
typical newspaper's eight pages include two or three pages of 
advertisements or paid announcements, further reducing the amount of 
news reported. Some articles included are the result of ``cadeaux,'' 
gifts or money that supplement reporters' meager salaries. Production 
costs force publishers to set the prices of their newspapers beyond the 
means of most citizens.
    Reporters investigated human rights violations and corruption 
issues, but in some cases, practiced self-censorship due to fear for 
their physical safety. Several incidents heightened that fear. For 
example: Repeated detainment and assault (requiring hospital treatment) 
of a freelance reporter for suspicion of treason because of casual 
contacts with a member of the diplomatic corps; the assault on the 
editor of an independent newspaper by a security officer (with no 
subsequent punishment); and the assault on a reporter who had gone to 
the office of a ruling party official to seek clarification on a news 
article. An investigation of the last incident by the Press Union of 
Liberia determined that the assault was carried out with the party 
official's acquiescence, in the presence of others, but there was no 
apology or reprisal. Verbal assaults on the press by government 
officials have been common but the authorities ``justified'' them as 
personal opinions that they freely expressed under the Constitution. 
One government official accused theentire independent media of being 
paid by a Western government to write ``all kinds of lies'' against the 
Liberian Government.
    In some cases, there were indications that journalists were 
entrapped by authorities in order to damage the reputation of the 
profession in general. Authorities charged 13 journalists and several 
policemen with conspiracy to confiscate and sell expired, imported 
frozen poultry after the journalists went to the national port to 
report on destruction of the meat. Although charges against the 
policemen were dropped quickly, the journalists were suspended from 
their jobs and the press union for several months until a grand jury 
refused to indict them due to lack of evidence.
    In Monrovia 10 newspapers were published during the year, although 
some publish very irregularly. Two are dailies, and five generally 
appeared once or more a week. One is published by the Public Affairs 
Bureau of the Ministry of Information, Culture, and Tourism, and one 
sometimes is published by the communications network owned by the 
President. The others are produced independently and vary in their 
political balance.
    In addition to the high price of newspapers and the high rate of 
illiteracy (between 70 and 85 percent), which limits their circulation, 
newspaper distribution is limited to the Monrovia area by high 
transportation costs and the poor state of roads elsewhere in the 
country. Television is limited to those who can purchase sets, the 
generators, and fuel to provide electricity. For those persons and 
businesses with satellite capability, the Cable News Network is 
available. Radio is the primary means of mass communication.
    Of the seven radio broadcasting stations, two are owned privately 
(one of these also broadcasts television programs); one is operated by 
the Catholic Archdiocese; one is an evangelical Christian station; one 
(Star Radio) is a noncommercial station managed locally but funded 
primarily through international organizations; one is owned by 
President Taylor (Liberia Communications Network); and one is the 
national station (Liberia Broadcasting System). Due to the economic 
situation in the country and the dependence on generators requiring 
expensive fuel purchases, most of the stations limited broadcasting 
hours and in some cases ceased operation for short periods.
    At the end of the year, the Government continued its refusal to 
renew Star Radio's short-wave frequency allocation. Although the 
station, which is allowed to broadcast locally via FM, is politically 
neutral and now has local management, there has been no change in the 
government's policy toward the station. The Government's limitation of 
Star Radio to FM broadcasts prevented its broadcasts from reaching 
audiences outside the immediate Monrovia area. The only radio station 
with a short-wave frequency strong enough to reach all parts of the 
country is owned by the President. Radio Veritas, operated by the Roman 
Catholic Archdiocese, has a short-wave frequency but a limited 
broadcast area and antiquated equipment.
    Call-in radio talk shows are popular and frequently a forum for 
both government and opposition viewpoints. Interviews with prominent 
persons are broadcast frequently. In August former combatants looted a 
civil rights activist's home in reaction to his comments on a popular 
radio talk show (see Section 1.f.). Members of a church, whose tenets 
include free sex among its members, even among members of the same 
family, were indicted for incest and other crimes after describing 
their beliefs and practices in detail on the same show. At year's end, 
they were free on bail pending trial.
    Academic freedom continues to be generally respected at the 
University of Liberia; however, President Taylor replaced the previous 
university president with a member of the ruling party. At times 
students reported professors' opinions to various government officials.
    Although university administrators have been concerned about the 
militancy of the student groups on campus, which include a high 
percentage of former combatants, actual physical violence has been 
rare. Security forces were not called to intervene on campus.
    Students occasionally protested about the lack of resources, which 
they blamed more on central government appropriation practices than on 
the university administration.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of peaceful assembly, and the Government 
generally respected this right in practice. The Government used 
objective criteria to approve or disapprove permits for public 
meetings. The approval process appeared to be administered fairly. 
Approvals for marches and gatherings sometimes were made contingent 
upon rerouting or changes in venue. In September there were clashes 
between public high school students who protested the Government's 
failure to pay their teachers and the police. The students attempted to 
close some public schools. The new LNP director intervened personally 
and the situation was calmed after only a relatively small number of 
injuries inflicted by both sides and scattered property damage.
    The Constitution provides for the right of association, and the 
Government generally respects this right in practice. Registration 
requirements can be onerous but do not appear to be discriminatory 
towards any specific group.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice; 
however, there were some exceptions.
    There is no established state religion. However, government 
ceremonies invariably open and close with prayer and may include hymn 
singing. The prayers and hymns are usually Christian but occasionally 
are Muslim. Although Islam is gaining adherents, as much as 40 percent 
of the population practice either Christianity or elements of both 
Christianity and traditional indigenous religions. Although religious 
ritual killings reportedly occur, there is little reliable information 
available about them, their perpetrators, their victims, or the 
religious faiths that are involved (see Section 1.a.).
    All organizations, including religious groups, must register their 
articles of incorporation with the Government, along with a statement 
of the purpose of the organization. However, traditional indigenous 
religious groups generally need not and do not register. The 
registration is routine, and there have been no reports that the 
registration process is either burdensome or discriminatory in its 
administration.
    Early in the year, President Taylor dismissed all but one of his 
cabinet ministers after they failed to accompany him to a church 
service. Explaining his action, Taylor initially stated that anyone who 
did not know God could not serve in his Government. Subsequently Taylor 
stated that religion is a private matter, but that cabinet ministers 
are required to be present at public ceremonies that the president 
attends. Some days later, Taylor rescinded both actions and reinstated 
the ministers at the urging of several persons and organizations.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement throughout the country as well as the right to leave or enter; 
however, the Government restricted this right in practice. Security 
forces' maintained checkpoints where travelers routinely were subjected 
to arbitrary searches and petty extortion. Security forces also 
extorted money from returning refugees.
    The law includes provisions for granting refugee/asylee status in 
accordance with the provisions of the 1951 U.N. Convention Relating to 
the Status of Refugees and its 1967 Protocol. During the year, the 
Government provided first asylum to 120,000 Sierra Leonean persons 
living along the western border of the country; it granted asylum to 
these persons in 1998. The Government continued to cooperate with the 
Office of the U.N. High Commission for Refugees (UNHCR) and other 
humanitarian organizations in attempting to assist these asylees. 
However, inaccessibility due to poor road conditions and the limited 
capacity of local NGO's severely restricted the amount of relief 
assistance that could be provided. Violence in Lofa county in April and 
August led to the suspension of assistance by local and international 
NGO's in that area (see Section 1.a.).
    In April government security personnel looted Voinjama, in northern 
Lofa county, in the wake of a purported attack by Liberian dissidents 
who had taken refuge in Guinea. Mandingo residents of Voinjama then 
fled to Guinea because of the incident and remained unwilling to return 
because of their fearof harassment by the Liberian security forces. No 
one was punished. In August in Kolahun, northern Lofa county, where in 
the aftermath of another incursion from Guinea, security forces once 
again looted stores of food intended for Sierra Leonean refugees. The 
refugees, fearing the dissidents and the security forces, migrated 
south towards another established refugee camp in Sinje (see Section 
1.c.). The Government cooperated with the UNHCR's efforts to assist the 
migration to the new location. International donors remained unwilling 
to send any further assistance to Lofa county, and international and 
domestic NGO's are reluctant to resume operations there because of 
security concerns. The Government and the UNHCR established a second 
refugee camp in Sinje, a location easily accessible from Monrovia, to 
accommodate the refugees from Lofa county.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for the right to vote in free and fair 
elections, and citizens exercised this right in 1997 in elections that 
international observers deemed free and transparent; however, the 
elections were conducted in an atmosphere of intimidation, as most 
voters believed that military forces loyal to Charles Taylor would have 
resumed the civil war if Taylor lost the election. Since the 
legislative elections were held on the basis of proportional 
representation, Taylor's National Patriotic Party won control of the 
legislature by the same 75 percent majority that Taylor received in the 
popular vote for the Presidency. The 1997 legislative and presidential 
elections were held under a special election law in accordance with the 
terms of the Abuja Peace Process.
    The Legislature did not exercise genuine independence from the 
executive branch. Opposition legislators, who held only one-quarter of 
the seats in the House of Representatives and in the Senate, generally 
were more docile than some independent members of the ruling NPP. In 
March Senator Charles Brumskine, an NPP member, fled the country 
expressing fear for his life, after stating that the NPP had forced him 
to resign from his position as President Pro Tempore of the Senate. He 
later resigned his senatorial seat and has not returned to the country. 
A few weeks later, the ruling party manipulated the committee structure 
such that five opposition figures lost their chairmanships. 
Congressional committees failed to develop expertise in their 
respective areas of responsibility. No major legislation was enacted 
during the year. However, the House of Representatives succeeded in 
blocking the demolition of the Barclay Training Center military 
stockade.
    The State is highly centralized. The President appoints the 
superintendents (governors) of the 13 counties. Municipalities and 
chieftaincies are supposed to elect their own officials, but elections, 
postponed in 1998 due to lack of funds and disorganization, were not 
held during 1999 for the same reason. However, a by-election was held 
in November to fill the seat vacated by Senator Brumskine. Local 
governments at all levels have no independent revenue base and rely 
entirely on the central government for funds. Education, health 
services, and public works are provided by the central Government. 
Local officials serve mainly to lobby the central Government.
    There are no restrictions on the participation of women in 
politics; however, women remained underrepresented in government and 
politics. The number of women in high-ranking positions in the Taylor 
Administration and in the various political parties is low. Only 5 of 
the 26 Senators and 5 of the 64 members of the House of Representatives 
are women. Of the 20 cabinet positions, 2 are held by women, a woman 
serves as Chief Justice of the Supreme Court, and a woman chairs the 
National Reconciliation Commission. There are no women's caucuses, but 
the ruling party has a women's organization.
    Muslims also are underrepresented in government; only one cabinet 
minister is a Muslim.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Taylor Administration permitted domestic and international 
human rights groups to operate largely without interference; however, 
members of the security forces frequently harassed domestic democracy 
and human rights activists, and forced somehuman rights activists to 
live with friends for months due to fear (see Section 1.f.). Frequently 
government officials criticized domestic human rights groups publicly. 
In July an internationally known human rights activist returned to 
Liberia from study abroad for an extended visit but left abruptly after 
threats were made against him by members of the security forces. The 
Government routinely criticized these actions and pledged to 
investigate them and punish the perpetrators.
    In November in response to reports of torture at the Gbatala base, 
President Taylor stated that the persistent reports of human rights 
abuses were the result of human rights organizations trying to get 
funding from the international community (see Section 1.c.). In July 
former combatants terrorized the family of an activist who was away 
from home at the time (see Section 1.f.). Legislators from the 
southeast countries sued a child rights advocacy group for defaming the 
reputation of the counties in its report on forced child labor (see 
Section 5).
    Domestic human rights organizations are underfunded, understaffed, 
and their personnel lacked adequate training. There are two coalitions 
of human rights groups: The National Human Rights Center of Liberia has 
12 member organizations, while 6 other groups joined together to form 
Network. Both of these organizations sought to increase public 
discussion of human rights problems.
    Some human rights groups paid regular visits to detainees at police 
headquarters and prisoners at the Monrovia Central Prison. Several 
domestic human rights organizations have established branches outside 
of the capital and perform similar monitoring functions there. No 
discernible pattern of government interference with these activities 
emerged.
    The government's Human Rights Commission, created in 1997, remained 
inactive throughout the year. It received no funding from the 
Government, and the Senate again failed to confirm the appointments of 
three of its five commissioners.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on ethnic 
background, race, sex, creed, place of origin, or political opinion, 
but discrimination exists. There are no laws against gender 
discrimination, ethnic discrimination, or female genital mutilation. 
Differences involving ethnic groups, notably the Krahn and Mandingo 
ethnic groups, continued to contribute to serious political violence 
and abuses.
    Women.--Domestic violence against women is extensive but has not 
been addressed seriously as a problem by the Government, the courts, or 
the media. Several NGO's in Monrovia and Buchanan continued programs to 
treat abused women and girls and increase awareness of their human 
rights.
    The status of women varies by region, ethnic group, and religion. 
Before the outbreak of the civil war, women held one-fourth of the 
professional and technical jobs in Monrovia. On the whole, women have 
not recovered from the setbacks caused by the civil war, when most 
schools were closed, and they could not carry out their traditional 
roles in the production, allocation, and sale of food.
    Women married under civil law can inherit land and property. 
However, women married under traditional law are considered the 
properties of their husbands and are not entitled to inherit from their 
husbands or retain custody of their children if their husbands die. In 
July 600 women from a coalition of women's organizations marched on 
Capitol Hill in Monrovia in support of legislation that would provide 
women in traditional marriages with inheritance rights. There continued 
to be few programs to help former combatants reintegrate into society, 
and there were none specifically to benefit former female combatants. 
However, several women's organizations advanced family welfare issues, 
helped promote political reconciliation, and assisted in rehabilitating 
both former female combatants and women who were victims of the civil 
war.
    Throughout the year, professional women's groups--including 
lawyers, market women, and businesswomen--remained vocal about their 
concerns. Government officials often responded negatively to public 
criticism. There were credible reports of harassmentand possible 
surveillance of outspoken critics (see Section 1.f.).
    Children.--The Government generally was unable to provide for the 
education and health of children. Due to the poor condition of 
government schools, most children who attended school went to private 
institutions. Since many private schools had to be refurbished due to 
wartime damage, school fees were increased significantly, thereby 
making education unattainable for many school-age children. In both 
public and private schools, families of children often were asked to 
provide their own books, pencils, and paper. No data was available on 
either school enrollment or government expenditure on education.
    Young persons were victimized seriously during the civil war. An 
estimated 50,000 children were killed; many more were wounded, 
orphaned, or abandoned. Nearly all youths witnessed terrible 
atrocities, and some committed atrocities themselves. About 21 percent 
(4,306) of the combatants who disarmed under the provisions of the 
Abuja peace accords were child soldiers under the age of 17. Many 
youths remain traumatized, and some still are addicted to drugs. The 
number of street children in Monrovia and the number of abandoned 
infants increased significantly following disarmament. NGO's and the 
U.N. Children's Fund continued retraining and rehabilitation programs 
for a limited number of former child fighters. A new juvenile court 
established in Monrovia in 1997 lacked the funds and personnel to 
function effectively (see Section 1.e.). Children continued to be 
incarcerated with adults, and there were long delays in deciding cases 
involving minors.
    Child advocacy groups reported forced child labor in the rural 
areas of the country (see Section 6.c.). Local government officials in 
three of the counties cited sued one of the groups for defamation. At 
year's end, the case still was pending.
    Female genital mutilation, which is widely condemned by 
international public health experts as damaging to both physical and 
psychological health, traditionally was performed on young girls by 
northern, western, and central ethnic groups, particularly in rural 
areas. Prior to the onset of the civil war in 1989, approximately 50 
percent of women in rural areas between the ages of 8 and 18 were 
subjected to FGM. In some instances, female health professionals in the 
groups participated in the practice to the extent of providing 
postoperative care.
    The war totally disrupted traditional village life. Most of the 
population fled to neighboring countries or became displaced within the 
country. Social structures and traditional institutions, such as the 
secret societies that often performed FGM as an initiation rite, also 
were undermined by the war. While many experts believe that the 
incidence of FGM had dropped to as low as 10 percent by the end of the 
war, traditional societies are reestablishing themselves throughout the 
country, and the increase in the incidence of FGM continued. The most 
extreme form of FGM, infibulation, is not practiced. The Government has 
taken no action against FGM.
    In January a well-known 17-year-old child rights activist fled the 
country to evade persistent harassment of himself, his family, 
teachers, and high school classmates by security personnel (see Section 
1.f.).
    People with Disabilities.--As a result of the civil war, a large 
number of persons have permanent injuries, in addition to those 
disabled by accident or illness. It is illegal to discriminate against 
the disabled, but in practice they do not enjoy equal access to public 
buildings. No laws mandate accessibility to public buildings or 
services.
    Religious Minorities.--Some tensions exist between the major 
religious communities. Although the law prohibits religious 
discrimination, Islamic leaders complained of discrimination against 
Muslims. There are some Muslims in senior government positions. 
However, many Muslims believe that they are bypassed for desirable 
jobs. Many Muslim business proprietors believe that the Taylor 
Government's decision to enforce old statutes prohibiting doing 
business on Sunday discriminates against them. Many Muslims were 
alliedwith factions that opposed President Taylor during the recent 
civil war and still belong to opposition parties.
    Discrimination against followers of other organized religions 
spills over into areas of individual opportunity and employment.
    National/Racial/Ethnic Minorities.--Although the Constitution bans 
ethnic discrimination, it also provides that only ``persons who are 
Negroes or of Negro descent'' may be citizens or own land. Many persons 
of Lebanese and Asian descent who were born or lived most of their 
lives in the country are denied full rights as a result of this racial 
distinction.
    The country, although small, is ethnically diverse. The population 
of about 3 million is made up of 16 indigenous ethnic groups and the 
Americo-Liberian minority--descendants of freed African slaves from the 
United States and the Caribbean--which until 1980 dominated the 
government and the public sector through the True Whig party. The 
indigenous ethnic groups generally speak distinct primary languages and 
they are concentrated regionally. No ethnic group constitutes a 
majority of the population.
    Many members of the predominantly Muslim Mandingo minority 
encountered hostility when they sought to return, after the end of the 
civil war, to their villages in Lofa, Bong, and Nimba Counties. Many 
Mandingos were unable to reoccupy their homes, which had been taken 
over by squatters. Members of the Loma, Gio, and Mano minorities 
generally held all Mandingos responsible for atrocities committed by 
the Ulimo-Mandingo faction during the civil war. The lack of competent 
security forces and a fully functioning judiciary in these areas 
prevented many Mandingos from seeking redress. The violence in April 
and August in Lofa renewed ethnic tensions (see Section 1.a.).
Section 6. Worker Rights
    a. The Right of Association.--The Constitution states that workers, 
except members of the military and police, have the right to associate 
in trade unions, and workers are allowed to join unions in practice. 
The Constitution also states that unions are prohibited from engaging 
in partisan political activity. Government interference in union 
activities, especially union elections and leaderships struggles, was 
common both before and during the civil war.
    Although most economic activity was interrupted by the war, unions 
proliferated. Thirty-two functioning unions are organized loosely under 
two umbrella groups--the Federation of Liberian Trade Unions and the 
Congress of Liberian Trade Unions--with the common objective of 
protecting the rights of their 60,000 members, who largely were 
unemployed. The actual power that the unions exercised was extremely 
limited. Since the country's work force is largely illiterate, economic 
activities beyond the subsistence level were very limited and the labor 
laws tend to favor management.
    The Constitution is silent on the right to strike, but labor laws 
provide for this right. A decree passed by the People's Redemption 
Council in 1984 outlawed strikes, but it was not enforced during the 
year. Due to the destruction of the economy and the estimated 85 
percent unemployment rate, strikes were infrequent.
    During the year, the Government strictly enforced the union 
registration requirements that fell into disuse during the war.
    Public school teachers in several locations, including Monrovia, 
went on strikes or ``go-slows'' to protest the Government's failure to 
pay their salaries. On April 12, the Firestone rubber plantation 
agricultural workers' union went on strike over a proposed wage 
increase. The strike was settled 7 weeks later.
    Labor unions traditionally have been affiliated with international 
labor groups such as the International Confederation of Free Trade 
Unions.
    The United States suspended Liberia's status as a beneficiary under 
the generalized system of preference (GSP). The programwas suspended in 
1990 as a result of the Doe government's failure to provide 
internationally recognized workers' rights.
    b. The Right to Organize and Bargain Collectively.--With the 
important exception of civil servants, workers (including employees of 
public corporations and autonomous agencies) have the right to organize 
and bargain collectively. In the past, agreements were negotiated 
freely between workers and their employers without government 
interference. These rights were largely moot because of the lack of 
economic activity.
    There were no export processing zones. All those previously 
existing were destroyed during the civil war.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced labor including that performed by children; however, 
this prohibition was widely ignored in many parts of the country, such 
as rural areas where farmers were pressured into providing free labor 
on ``community projects'' that often benefited only local leaders. The 
Government denied allegations that unpaid laborers were forced to 
harvest crops on President Taylor's private farm. There were reports of 
forced child labor (see Section 5).
    Some former combatants, including some in the security forces were 
accused of forcing children to work. Early in the year, a child rights 
advocacy group released a report on forced child labor in the 
southeastern counties. The advocacy group's report and that of another 
prominent human rights group contradicted an earlier government report 
that failed to find any conclusive evidence of forced child labor. 
Subsequently legislators from three counties sued the child rights 
advocacy group for defaming the counties' reputations. At year's end, 
the case still was pending.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution prohibits forced and bonded labor by 
children (see Section 6.c.). Child advocacy and human rights groups 
reported child labor, but the Government denied that it existed (see 
Section 6.c.).
    The law prohibits the employment of children under the age of 16 
during school hours in the wage sector, but enforcement traditionally 
is lax. Throughout rural areas, but particularly where there were no 
schools, small children continued to assist their parents as vendors in 
local markets or on the streets, to take care of younger brothers and 
sisters, and to work on family subsistence farms.
    e. Acceptable Conditions of Work.--The Labor Law provides for a 
minimum wage, paid leave, severance benefits, and safety standards, but 
enforcement was targeted solely against profitable firms that generally 
observed these standards. Due to the country's continued economic 
problems, most citizens were forced to accept any work they could find 
regardless of wages or working conditions.
    The 1977 Labor Law requires a minimum wage of approximately $0.25 
(10 ld) per hour not exceeding 8 hours per day, excluding benefits, for 
unskilled laborers. The law requires that agricultural workers are to 
be paid $1.50 (60 ld) for an 8-hour day, excluding benefits. Skilled 
labor has no minimum fixed wage, but industrial workers usually 
received three or four times the wage paid to agricultural workers. The 
much-sought-after minimum wage jobs provided a minimal standard of 
living for a worker and family. However, there were very few such jobs. 
Families dependent on minimum wage incomes also engage in subsistence 
farming, small-scale marketing, petty extortion, and begging.
    The Ministry of Labor did not have the resources to monitor 
compliance with labor laws.
    The Labor Law provides for a 48-hour, 6-day regular workweek with a 
30-minute rest period per 5 hours of work. The 6-day workweek may 
extend to 56 hours for service occupations and to 72 hours for miners, 
with overtime pay beyond 48 hours.
    Prior to 1990, there were government-established health and safety 
standards, enforced in theory by the Ministry of Labor. During the war, 
these regulations were not enforced. Even under the Labor Law, workers 
did not have a specific right to remove themselves from dangerous 
situations without risking loss of employment.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons; however, there were no reports that persons were trafficked 
in, to, or from the country.
                                 ______
                                 

                               MADAGASCAR

    Madagascar held its second presidential election under the 1992 
Constitution in 1996, following the impeachment of then-President 
Albert Zafy earlier that year. The election was accepted widely as free 
and fair, and the winner, former Second Republic President Didier 
Ratsiraka, took office in February 1997. An extensive revision of the 
1992 Constitution was approved narrowly in a March 1998 constitutional 
referendum. While observers from the International Foundation for 
Election Systems concluded that the referendum generally was free and 
fair, it was marred by significant difficulties in compiling voter 
lists, distributing electoral cards, and other problems, which led to 
charges of fraud and manipulation. Although power remains formally 
divided between the President, his Prime Minister, the Cabinet, and a 
bicameral legislature (Senate and National Assembly), the revised 
Constitution significantly strengthened the presidency and weakened the 
National Assembly. National Assembly elections held in May 1998 
generally were accepted as free and fair; however, there were a number 
of credible complaints of electoral fraud. A number of institutions 
provided for in the revised Constitution, including the Senate, a 
restructured judiciary, and autonomous provincial governments, still 
were pending at year's end. The judiciary is subject to executive 
influence.
    The State Secretary of the Ministry of Interior for Public Security 
and the national police, which are under the State Secretary, are 
responsible for law and order in urban areas. The Ministry of Armed 
Forces oversees the army, the air force, the navy, and the gendarmerie. 
The gendarmerie has primary responsibility for security except in major 
cities and is assisted in some areas by regular army units in 
operations against bandit gangs and cattle thieves. After a number of 
years of decline, the military force has stabilized at about 22,000 
troops, including the gendarmerie. There also are local traditional 
laws called dina that are enforced by village-level law enforcement 
groups, particularly in areas where the Government's presence is weak. 
There continued to be occasional reports that police, gendarmes, and 
dina authorities committed human rights abuses.
    Madagascar is a very poor country. The economy relies heavily on 
agriculture. Agricultural exports, led by shrimp, grew 4.3 percent with 
vanilla, coffee, cloves, and pepper all registering increases. Textiles 
were another major export. The smuggling of vanilla, gold, precious 
stones, and cattle continued to be major concerns. Overall economic 
performance improved, but nearly three-fourths of the population of 
about 14.7 million still live in poverty. Foreign assistance remains a 
major source of national income. Living standards are low, with the 
annual per capita gross domestic product estimated at $266. Inflation 
rose from 4.8 percent in 1997 to 7 percent in 1998. Unemployment and 
underemployment, especially among youth, remained high, although there 
was significant job growth in the capital during the year. The 
Government made progress on economic reform, including privatization.
    The Government generally respected citizens' human rights in 
several areas; however, a number of problems remained. Prison 
conditions were harsh and life threatening. In some prisons, women 
experienced physical abuse, including rape. Lengthy pretrial detention 
remained a major problem, and suspects often were held for periods that 
exceeded the maximum sentence for the alleged offenses. The Government 
continued a major effort to reduce the number of preventive detainees. 
Dina authorities imposed summary justice--including several 
executions--in rural areas where the Government's presence was weak, 
although, overall, government efforts to bring dina authorities under 
closer regulation and scrutiny continued to show results. There 
virtually was no political violence during the year. Women continued to 
face some societal discrimination. Some prisoners were used as forced 
labor. There were reports of trafficking in women and girls.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings by government forces; however, harsh 
prison conditions and the authorities' failure to provide adequate food 
and medical treatment contributed to an undetermined number of deaths 
in custody (see Section 1.c.).
    There were no developments in the 1994 beating death of radio 
journalist Victor Randrianirina, who had reported on alleged sapphire 
smuggling.
    Village dina authorities continued to mete out summary justice, and 
there were several cases of dina executions in the southeast.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution provides for the inviolability of the 
person; however, there were occasional reports that police or other 
security forces mistreated prisoners or detainees.
    In February four policemen were convicted of raping a woman at a 
police station in November 1998, and sentenced to fines and prison 
terms of 1 to 1\1/2\ years.
    Village dina authorities continued to mete out summary judgment. 
Dina authorities continued to use torture to gain confessions.
    Prison conditions remain harsh and life threatening. Prisoners' 
diets are inadequate, and family members must augment daily rations. 
Prisoners without relatives nearby sometimes go for days without food. 
Prison cells average less than 1 square yard of space per inmate. The 
authorities do not provide adequate medical care. The prison population 
of approximately 19,200 suffers a range of medical problems that are 
treated rarely or inadequately, including malnutrition, infections, 
malaria, and tuberculosis. These conditions have caused an unknown 
number of deaths. There were instances in which prisoners were used as 
forced labor (see Section 6.c.).
    Women in prisons suffer abuses, as do children who sometimes are 
confined with them. Gender segregation is not absolute, and rapes by 
other prisoners were reported.
    The Government permits prison visits by the International Committee 
of the Red Cross, religious and nongovernmental organizations (NGO's), 
lawyers, and investigative journalists.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
provides for due process for accused persons, but in practice the 
authorities do not always observe legal safeguards against arbitrary 
arrest and detention. In particular, excessive investigative detention 
of suspects results in the denial of due process. However, as the 
result of international pressure, some long-term detainees were 
released.
    By law a criminal suspect must be charged, bound over, or released 
within 3 days of arrest. An arrest warrant may be obtained but is not 
always required. Defendants in ordinary criminal cases have the right 
to be informed of the charges against them, must be charged formally 
within the specified time permitted, and must be allowed access to an 
attorney. Court-appointed counsel is provided for indigent persons 
accused of crimes that carry a minimum 5-year jail sentence. An 
attorney or the accused may request bail immediately after arrest, 
after being formally charged, or during the appeals process, but bail 
is rarely granted in the case of violent crimes.
    Of a prison population of approximately 19,200, about two-thirds of 
persons held in custody were in pretrial detention. Despite existing 
legal safeguards, investigative detention often exceeds 1 year, and 3 
or 4 years' detention is common, even for crimes for which the maximum 
penalty may be 2 years or less. The accused may wait years in prison 
only to be exonerated ultimately in court. The Ministry of Justice 
continued a program to reduce excessive pretrial detention through case 
reviews and expedited judgments. Over 500 detainees have been tried and 
an indeterminate number of others freed.
    Although the law allows detainees to sue the Government for damages 
in cases of unlawful detention, no such suits were reported. By law 
persons accused of subversive activity may be detained incommunicado 
for 15 days and are subject to indefinite detention if considered 
necessary by the Government; however, this law was not invoked during 
the year.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The revised Constitution provides 
for an autonomous judiciary; however, implementing legislation has not 
yet been passed, and the High Constitutional Court is subject to the 
President's influence.
    The judiciary has three levels of jurisdiction: local courts for 
civil and criminal cases carrying limited fines and sentences; the 
Court of Appeals, which includes a criminal court for cases carrying 
sentences of 5 years or more; and the Supreme Court. The judiciary also 
includes courts designed to handle specific kinds of cases such as 
cattle theft. The High Constitutional Court is an autonomous court that 
undertakes technical reviews of laws, decrees, and ordinances, and 
certifies election results. The establishment of a number of 
decentralized courts also provided for in the Constitution awaits the 
creation of theSenate, which depends on the as-yet-unscheduled 
elections of autonomous provincial councils.
    The judiciary remained under the control of the Ministry of 
Justice. Salaries of magistrates were raised to improve their 
performance, but reports of corruption in the judiciary persist. 
Although efforts are underway to address the problem, a large backlog 
of cases remained, which contributed to excessive investigative 
detention.
    Trials are public, and defendants have the right to an attorney, to 
be present at the trial, to confront witnesses, and to present 
evidence. Defendants enjoy a presumption of innocence under the Penal 
Code.
    The right of traditional village institutions to protect property 
and public order is codified in the Constitution as well as in earlier 
laws. Civil disputes within and between villages sometimes are 
addressed by local traditional laws called dina. Dina also are 
established in some urban areas. In practice, dina deal with criminal 
cases because of the isolation of many rural areas and the 
ineffectiveness of the police and the judiciary outside major urban 
centers. Punishments based on dina were at times severe, including 
several cases of executions (see Section 1.a.).
    Decisions based on dina are not subject to codified safeguards for 
the accused, but in some instances they may be challenged at the 
appeals court level. Some cases also have been referred to the Office 
of the Mediator (ombudsman), which investigates and may seek redress 
from formal judicial authorities. An interministerial committee that 
includes the Ministries of Justice, Interior, and Armed Forces was 
established to improve the surveillance of dina authorities and assure 
their adherence to the law. The Ministry of Justice has moved away from 
its earlier permissive approach to dina and emphasized their 
subordination under the formal judicial system.
    The Government continued to combat crime and insecurity in isolated 
rural regions by augmenting the gendarmerie--traditionally responsible 
for law and order in rural areas--with army units. Military courts are 
integrated into the civil judicial system and differ only in the kinds 
of cases tried and in the inclusion of military officers on jury 
panels. Such courts have jurisdiction over some cases involving 
national security, including acts allegedly threatening the nation and 
its political leaders; invasion by foreign forces; and rioting that 
could lead to the overthrow of the Government. Defendants in military 
cases, as in civil law, enjoy an appeals process that reexamines points 
of law rather than the facts of the case. A civilian magistrate, 
usually joined on the bench by a panel of military officers, presides 
over military trials.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, and 
government authorities generally respect these prohibitions in 
practice. Violations are subject to effective legal sanction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, at times the Government 
pressures the media to curb its coverage of certain events and issues. 
Opposition politicians rarely are given access to state-run media; 
while they do have access to private media, these do not provide the 
nationwide coverage of state media. In addition, journalists practice 
self-censorship.
    On December 28, 1998, Christian Chadefaux, editor in chief of 
L'Express de Madagascar, and Harry Rahajason, a reporter with 
L'Express, were sentenced to 3-month prison terms for defamation. On 
March 26, the Court of Appeals acquitted both journalists.
Academic freedom is respected.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally respects 
this right in practice; however, local authorities sometimes deny 
requests by political opposition groups to assemble or march in 
specified locations.
    The Constitution provides for freedom of association, and the 
Government respects this right in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    Religious groups must register and obtain authorization from the 
Ministry of Interior. In January 1998, an organization widely perceived 
to be affiliated with the Reverend Sun Myung Moon was refused 
registration, apparently due to concerns about its use of mind-control 
practices.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice; however, fear of 
crime effectively restricts travel to some places, especially at night.
    The country does not have a law governing refugees nor has it 
ratified the 1951 U.N. Refugee Convention Relating to the Status of 
Refugees and its 1967 Protocol; however, the Government cooperates 
closely with the U.N. High Commissioner for Refugees in processing the 
small number of refugees or asylum seekers. There were no reports of 
the forced expulsion of persons with recognized or pending claims to 
refugee status. The issue of provision of first asylum has never 
arisen.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to change their government through direct 
universal suffrage by secret ballot. Didier Ratsiraka was elected to a 
5-year term as President in 1996 in the second presidential election 
held under the 1992 Constitution. In May 1998, the National Assembly's 
150 members were elected to 5-year terms. In November communal 
elections were held in which the President's party, AREMA, won 40 
percent of the mayoral races. The elections were peaceful and well-
organized; however, there were numerous reports of fraud. In December 
the High Constitutional Court recognized serious irregularities and 
reordered elections in five communes.
    Under the Constitution, the President has primary responsibility 
for national defense and foreign policy, while the Prime Minister is 
the head of government and responsible for domestic policy. The 
President selects the Prime Minister at will. The Constitution gives 
the President the right to dissolve the National Assembly for cause. 
The revised Constitution retains the possibility of censure by a two-
thirds majority of the National Assembly and Senate. The Senate was not 
established pending the creation of autonomous provinces. In September 
1998, the Prime Minister pledged publicly that all of the institutions 
called for in the Constitution would be created by March 2000. Under 
the revised Constitution, two-thirds of the Senate's members are to be 
elected within the autonomous provinces, and one-third of the members 
are to be appointed by the President.
    There are no legal impediments to women's participation in 
government or politics, but in practice they are underrepresented in 
both areas. The Government of 31 ministers and state secretaries 
appointed in July 1998 includes 4 women. Women make up less than 7 
percent of National Assembly deputies (10 of 150).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups operate without government 
restriction, investigating and publishing their findings on human 
rights cases. Government officials usually are cooperative and 
responsive to their views.
    The Government is open to visits by international human rights 
groups and to domestic and international election observers.
    The Constitution provides for an independent office to promote and 
protect human rights. In 1994 the National Assembly assigned that role 
to the Office of the Mediator (ombudsman), which relies on moral 
suasion to correct abuses. The Office publishes annual reports on its 
activities and distributes brochures to educate citizens on their 
rights and responsibilities. Its reports have outlined the rights of 
women and children and focused public attention on the potential for 
human rights violations under dina.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits all forms of discrimination and outlaws 
groups that advocate ethnic or religious segregation. No specific 
government institutions are designated to enforce these 
antidiscrimination provisions.
    Women.--Violence against women is not widespread. Police and legal 
authorities intervene when physical abuse is reported. No law deals 
specifically with violence against women except rape. Spouses can be 
tried for nonrape abuses, generally under civil law.
    The law neither prohibits nor condones prostitution. The law 
prohibits incitement of minors to debauchery. The Government criticizes 
sexual tourism; however, while it attempts to investigate allegations 
of exploitation, a lack of resources hampers effective action.
    In urban areas, where many women manage or own businesses or hold 
management positions in state industries, there is relatively little 
societal discrimination against women. According to one government 
official, women own 30 percent of formal sector companies and 53 
percent of informal sector companies. However, discrimination against 
women in rural areas remains a problem. A number of NGO's focus on the 
civic education of women and girls to ensure that rights and legal 
protections are understood fully and acted upon as appropriate.
    Under a 1990 law, wives have an equal voice in selecting the 
location of a married couple's residence, and they generally receive an 
equitable share of common property on divorce. Widows with children 
inherit half of joint marital property. A tradition known as ``the 
customary third'' is occasionally observed in some areas. Under this 
custom, the wife has a right to only one-third of a couple's joint 
holdings. However, a widow receives a pension, while a widower does 
not.
    Children.--While official expenditures on children's welfare are 
low, the Government increased the spending levels of the Ministries of 
Health and Education despite continued fiscal austerity. These levels 
are not sufficient to maintain adequate public services under current 
economic conditions. The Government provides education through the 
secondary or vocational level, and it is compulsory through the age of 
14. Although figures vary depending upon the source, approximately 65 
percent of primary-school-aged children apparently are enrolled in 
school. However, only 29 percent of working children go to school: 
rural children drop out to help on family farms, and urban children 
work as domestics (see Section 6.d.).
    There is no societal pattern of abuse of children, although child 
labor continues to be a pervasive problem (see Section 6.d.), and 
children sometimes are imprisoned with adults (see Section 1.c.).
    People with Disabilities.--There is no systematic discrimination 
against disabled persons in employment, education, or in the provision 
of other state services. There is no law mandating access to buildings 
for persons with disabilities. The National Assembly passed a law to 
define the rights of the disabled in February 1998, but implementing 
regulations had not been issued by year's end.
    National/Racial/Ethnic Minorities.--The Malagasy, who are of mixed 
Malayo-Polynesian, African, and Arab heritage, include 18 distinct 
groups differing in regional and ancestral affiliation. Although there 
are some linguistic differences, nearly all speak a dialect of the 
Malagasy language. None of these groups constitutes a majority of the 
population. There are significant minorities of Chinese and Indo-
Pakistani heritage, as well as a large number of resident French 
nationals.
    A long history of military conquest and political consolidation 
raised the political and economic status of highland ethnic groups of 
Asian origin above that of coastal groups of more African ancestry. 
Centralized administration and economic planning since independence has 
reinforced the concentration of economic and political power in the 
central highlands, where the capital is located. These policies feed 
enduring tension between coastal and highland peoples. Ethnicity, 
caste, and regional solidarity often are factors in hiring practices.
    An Indo-Pakistani community has resided in the country since the 
early part of the century. Traditionally engaged in commerce, this 
community now numbers about 20,000. Relatively few of these individuals 
have made successful claims to Malagasy nationality, which is 
customarily acquired through a native-born Malagasy mother. Indo-
Pakistani merchants are mistrusted widely. In past years, their shops 
have been looted during civil disturbances.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and the 1995 Labor 
Code provide workers in the public and private sectors with the legal 
right to establish and join labor unions of their choosing without 
prior authorization; however, essential service workers, including 
police and military personnel, may not form unions. Unions are required 
to register with the Government, and registration is routinely granted. 
About 80 percent of the labor force of 5 million is engaged in agrarian 
production. Union members account for only about 5 percent of the total 
labor force.
    There are a number of trade union federations, many of which are 
affiliated formally with political parties. Neither public nor private 
sector unions have played a major political or economic role in recent 
years. The Government exercises very limited control over organized 
labor.
    The Labor Code and the Constitution include the right to strike. 
This right extends to export processing zones (EPZ's). Workers in 
essential services have a recognized but restricted right to strike, 
although in practice short strikes took place without reprisal. The 
Code requires workers to exhaust conciliation, mediation, and 
arbitration procedures before striking, but this has not been a 
significant deterrent to legal strikes in practice.
    Short and generally nondisruptive strikes took place over fiscal 
and administrative issues in some cities.
    The International Labor Organization (ILO) has noted a number of 
instances in which the Government has failed to bring law and 
regulation into conformity with existing conventions or otherwise 
submit texts for ILO review, including those addressing forced labor, 
freedom of association, safe-guarding of machinery, hygiene in commerce 
and offices, and weight limits. In most instances, these failures 
indicated legislative inertia rather than abuses.
    Unions freely join and participate in international bodies and may 
form federations or confederations.
    b. The Right to Organize and Bargain Collectively.--Both the Labor 
Code and the Constitution provide for the right to bargain 
collectively. The Code states that collective bargaining may be 
undertaken between management and labor on the initiative of either 
party; however, collective bargaining agreements are rare in practice. 
The Government is often involved in the bargaining process, in part 
because of the large percentage of public employees who are union 
members.
    The Labor Code prohibits discrimination by employers against labor 
organizers, union members, and unions. In the event of antiunion 
activity, unions or their members may file suit against the employer in 
civil court. Labor laws apply uniformly throughout the country; 
however, the Government's enforcement of labor laws and regulations is 
hampered by lack of staff and financial resources. Approximately 35 
inspectors from the Ministry of Labor visit industrial work sites with 
some regularity, but most often only those located near the capital.
    There are many EPZ's which are, in practice, firms operating under 
special import and export rules. Such firms are required to follow all 
pertinent labor laws and regulations, including minimum wage laws.
    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
explicitly prohibits forced labor, and generally it is not known to 
occur; however, there were instances of prisoners being illegally 
``hired out'' by prison officials to private enterprise. There also 
apparently has been systematic use of detainees and prisoners as 
personal servants by a substantial number of magistrates, judiciary 
officials, and local government figures. Some prison officials or 
judicial authorities have engaged in the falsification of records to 
ensure a supply of unpaid labor for themselves or other government 
officials. The Government prohibits forced and bonded labor by children 
and enforces this prohibition effectively.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code defines a child as any person under the age 
of 18 years. The legal minimum age of employment is 14 years, and work 
by individuals under the age of 18 is prohibited at sites where there 
is apparent and imminent danger. The Government enforces child labor 
laws in the small formal economic sector through inspectors of the 
Ministry of Civil Service, Labor, and Social Laws. Nevertheless, child 
labor continues to be a pervasive problem: nearly one in three children 
aged 7 to 14 works. In the large agricultural sector, young children 
work with parents on family farms at much younger ages. In urban areas, 
many children work as petty traders, casual transport workers, and 
beggars.
    The law prohibits forced and bonded child labor and the authorities 
enforce this prohibition effectively (see Section 6.c.).
    Education is compulsory to the age of 14. While approximately 65 
percent of primary-school-aged children apparently are enrolled, only 
29 percent of working children attend school (see Section 5).
    e. Acceptable Conditions of Work.--The Labor Code and implementing 
legislation prescribe working conditions and wages, which are enforced 
by the Ministry of Civil Service, Labor, and Social Laws. The law makes 
separate provisions for agricultural and nonagricultural labor.
    The Government sets the minimum wage of approximately $25 (FMG 
139,860) per month for the nonagricultural private sector. This wage 
does not provide a decent standard of living for a worker and family 
and must be supplemented by subsistence agriculture, petty trade, 
support from relatives, or employment of other family members. Minimum 
wage rates are not always respected, since high unemployment and 
widespread poverty lead workers to accept wages at lower levels.
    The standard legal workweek in nonagricultural and service 
industries is 40 hours, and 42\1/2\ hours in agriculture. At least one 
24-hour rest period each workweek is mandated. The Labor Code sets 
rules and standards for worker safety and worksite sanitation. Ministry 
of Civil Service, Labor, and Social Laws officials monitor labor 
conditions; however, they usually are able to cover only the capital 
region effectively. If violators do not remedy cited violations within 
the time allowed, they may be sanctioned legally or assessed 
administrative penalties. In some sectors, safety equipment is not used 
due to the expense of protective clothing and other safety devices. 
There have been no published reports on occupational health hazards or 
accident trends. There is no explicit right for workers to leave 
dangerous workplaces without jeopardizing their employment.
    f. Trafficking in Persons.--The law prohibits trafficking; however, 
there were reports that women and girls were trafficked to the nearby 
islands of Reunion and Mauritius for prostitution. No arrests or 
convictions have been made in connection with the trafficking. While 
the Government expresses concern, it lacks the resources to address 
this issue effectively.
                                   ____
                                 

                                 MALAWI

    On June 15, the Republic of Malawi held its second democratic 
presidential and parliamentary elections since independence in 1964. 
(The first were held in 1994.) Independent observers concluded that the 
election was ``free and substantially fair''; however, there was 
limited opposition access to media and problems in registration, and 
the opposition appealed the result to the courts. Constitutional power 
is shared between a popularly elected president and the 193-member 
National Assembly. President Bakili Muluzi of the United Democratic 
Front (UDF) party was reelected to serve a second 5-year term, 
defeating Gwanda Chakuamba, the joint presidential candidate of the two 
leading opposition parties, the Malawi Congress Party (MCP) and the 
Alliance for Democracy (AFORD). The UDF has 99 seats in the National 
Assembly, the MCP has 65, and AFORD has 29. There is no clear-cut 
ideological difference among the three political parties. The 
Government respects the constitutional provisions for an independent 
judiciary; however, the judicial system is inefficient and lacks 
resources.
    The National Police, headed by the Inspector General of Police 
under the Ministry of Home Affairs, are responsible for internal 
security. The police occasionally called on the army for support. There 
continued to be credible allegations that the police committed human 
rights abuses.
    The country is very poor, with a narrow economic base characterized 
by a small and highly concentrated industrial sector, low levels of 
foreign and domestic investment, and few mineral resources. Agriculture 
dominates the economy, contributing about 87 percent of export 
earnings, 36 percent of gross domestic product, and employing over 80 
percent of the labor force. Three crops--tobacco, tea, and sugar--
generate about 78 percent of export earnings, with tobacco providing by 
far the largest share. There is little industry and mining, and no 
known economically viable deposits of gemstones, precious metals, or 
oil. The country is a landlocked nation, and freight and insurance 
costs constitute over 40 percent of its import bill--a serious 
impediment to economic development and trade. The Government continues 
to divest its ownership of public enterprises. Wealth remains 
concentrated in the hands of a small elite. In 1998 per capita income 
was approximately $200. Average annual inflation was 29.7 percent in 
1998, up from 9.1 percent in 1997.
    The Government generally respected the human rights of its citizens 
in many areas; however, serious problems remained. There were instances 
of extrajudicial killings, including deaths of detainees while in, or 
shortly after release from, police custody. The police are known to 
beat and otherwise abuse detainees and to use excessive force in 
handling criminal suspects. Prison conditions remained harsh and life 
threatening and resulted in a large number of deaths. Arbitrary arrest 
and detention are common, and lengthy pretrial detention is a serious 
problem. An inefficient and understaffed judicial system and limited 
resources called into question the ability of defendants to receive a 
timely, and in many cases, fair trial. Security forces at times 
infringed on citizens' privacy rights.
    The print media are able to report freely; however, there were a 
few exceptions, and there was some self-censorship. The four private 
radio stations experienced relative freedom in broadcasting 
international news and entertainment programming; however, the state-
owned Malawi Broadcasting Corporation continued to control news 
coverage and editorial content at its two radio stations. The 
constitutionally mandated Human Rights Commission (HRC) met for the 
first time in February. Violence against women is common. Women 
continued to experience severe societal discrimination. The Government 
took steps in its economic development programs to assist disadvantaged 
women. Abuse of children remained a problem. Child labor also is a 
problem. Mob violence triggered by anger over high levels of common 
crime resulted in summary executions of alleged criminals.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings; however there were extrajudicial 
killings stemming from the deaths of detainees while in, or shortly 
after release from, police custody. These deaths involved possible use 
of excessive force or possible negligence.
    On August 25, former Eritrean detainees in Ethiopia obtained 
fraudulent Malawian visas and traveled to Malawi with government-issued 
travel documents. They were returned forcibly to Ethiopia after 
refusing an offer to travel to Eritrea. One former detainee was shot 
and killed, and at least six others were wounded in a confrontation 
with police in Lilongwe. No action was taken against the police.
    A large number of prisoners died largely due to harsh prison 
conditions (see Section 1.c.).
    Frustrated by inadequate law enforcement and rising crime, angry 
mobs sometimes resorted to vigilante justice in beating, stoning, or 
burning suspected criminals to death. The police identified 146 cases 
during the year, and they made some attempts--largely unsuccessful--to 
identify and arrest those responsible. In September police in Lilongwe 
successfully rescued a car thief caught in the act by a crowd of 
vigilantes.
    b. Disappearance.--There were no reports of disappearances.
    c. Torture and other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture and other cruel, 
inhuman, or degrading treatment; however, police continued to beat and 
otherwise abuse detainees and to use excessive force in handling 
criminal suspects. The Inspectorate of Prisons is an investigative body 
mandated by the Constitution. Knowledgeable NGO's consider that the 
findings of its October 1997 Inspectorate of Prisons report--the most 
recent document of its kind--remain indicative of prison conditions. 
That report notes that techniques used by police included beatings, 
physical assault, and the use of wire instead of handcuffs to restrain 
prisoners and to force confessions. These abuses sometimes are hidden 
by keeping a prisoner in police custody until wounds heal before 
turning the prisoner over to the prison system for remand. The 
mistreatment is partly due to the mistaken belief of many police 
officers that the law requires them to present a case (not just 
charges) to the court within 48 hours of arrest. Lack of financial 
resources for appropriate equipment, facilities, and training also 
contributed to mistreatment.
    There have been some marginal improvements in police conduct 
resulting from training in investigative interviewing skills and from 
workshops aimed at changing officers' attitudes. While higher ranking 
officials demonstrated familiarity with new standards for the humane 
treatment of prisoners, their subordinates commonly employed 
unacceptable techniques. The Government continued to seek community 
involvement in its comprehensive reform of the police. In February the 
National Assembly passed the Community Service Act, which permits some 
offenders to provide community service in place of imprisonment. As of 
year's end, there were Community Service Act pilot programs in four 
cities.
    Prison conditions remained harsh and life threatening. 
Overcrowding, inadequate nutrition, substandard sanitation, and poor 
health facilities remained serious problems. According to the 1997 
Inspectorate of Prisons report, harsh conditions and inadequate health 
care contributed to the deaths from disease of over 200 inmates over a 
20-month period from January 1996 to August 1997. The Government 
reported that during the year, 260 prisoners and suspects died in 
police cells and prisons, including those attempting to escape. While 
not kept in separate facilities, women are segregated within the prison 
compound and tended by female guards. Only four prisons have separate 
facilities for juveniles. In the other prisons, juveniles are 
incarcerated with adults.
    The Inspectorate of Prisons, domestic nongovernmental organizations 
(NGO's), and international NGO's are permitted to make visits to 
monitor prison conditions without government interference.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution grants 
the accused the rights to challenge the legality of detention, to have 
access to legal counsel, and to be released or informed of charges by a 
court of law within 48 hours; however, these rights seldom are 
respected in practice. Police often resort to beatings to obtain 
information deemed necessary to their cases. In cases where the court 
determines that a defendant cannot afford to supply his own counsel, 
legal services are provided by the Government. With few persons able to 
afford legal counsel, the country's five public defenders were not 
sufficient to represent all indigent detainees in atimely manner. Bail 
frequently is granted to reduce prison overcrowding. Its use often 
bears only a tenuous relationship to the merits of an individual's 
situation. At the end of the year, approximately one-third of the 7,324 
prison inmates consisted of detainees awaiting trial. Police are 
accused of arbitrary arrests due to political motives.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government respects this provision in 
practice; however, the judicial system is handicapped by serious 
weaknesses, including poor record keeping, a shortage of attorneys and 
trained personnel, a heavy caseload, and a lack of resources.
    The Constitution provides for a High Court, a Supreme Court of 
Appeal, and subordinate magistrate courts. The Chief Justice is 
appointed by the President and confirmed by the National Assembly. The 
President appoints other justices, following a recommendation by the 
Judicial Service Commission. All justices are appointed until the age 
of 65 and may be removed only for reasons of incompetence or 
misbehavior, as determined by the President and a majority of the 
Parliament.
    By law defendants have the right to a public trial but not to a 
trial by jury. In murder cases, the High Court nevertheless used juries 
of 12 persons from the defendant's home district. Defendants also are 
entitled to an attorney, the right to present and challenge evidence 
and witnesses, and the right of appeal. However, the judiciary's 
budgetary and administrative problems effectively denied expeditious 
trials for most defendants.
    In July the High Court concluded a training program for 48 lay 
magistrates. Traditional court judges, absorbed into the magistrate 
court system, also receive some training in court procedure and the 
body of law that they administer. In August the High Court began a 2-
month refresher-training program for traditional court judges.
    Juvenile offenders have special rights under the Constitution, 
including the right to be separated in custody from adults, to be 
treated in a manner that recognizes their age and the possibility for 
rehabilitation, and to be exempt from the punishment of life 
imprisonment without the possibility of release. However, the 
protection they are accorded in principle is often denied in practice, 
and many juvenile offenders are incarcerated with adults.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--Government authorities generally respected 
constitutional provisions that protect these rights; however, army and 
police forces, in carrying out sweeps for illegal weapons, did not 
always obtain search warrants as required by law.
    Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice; however, there were some 
exceptions. Limited self-censorship still exists, in part due to habits 
that evolved during the country's 30-year single party political 
system, which ended in 1994. A broad spectrum of political and 
ideological opinion is presented in the country's two dozen newspapers, 
usually without government interference. However, the Government still 
threatened and harassed members of the media. In June an editor and 
senior reporter of the opposition weekly Malawi News were arrested and 
detained for 3 days following publication of a story on protests 
against the June 15 presidential and parliamentary election results. 
The story quoted the chant of an angry group calling for the army to 
take over the Government. The two journalists posted bail and at year's 
end were awaiting trial on charges of ``publishing an article 
prejudicial to public safety'' and ``inciting to mutiny.'' The latter 
charge carries a maximum penalty of life imprisonment.
    The state-owned Malawi Broadcasting Corporation (MBC) dominates the 
radio market with its two stations, transmitting in major population 
centers throughout the country. News coverage andeditorial content are 
clearly progovernment. The MBC consistently denied opposition 
candidates access to the media during the presidential and 
parliamentary election campaigns. The Government began limited 
television broadcasting in March with editorial control similar to that 
on MBC radio.
    There are four private radio stations. One commercial station began 
broadcasting in Blantyre in August 1998. A second commercial station 
began broadcasting in Blantyre in March. There is a rural community 
radio station run by local women, with the help of the Malawi Media 
Women's Association (MAMWA). A religious station broadcasts in the 
capital and its environs.
    In November 1998, Parliament passed a communications bill that 
established the Malawi Communications Regulatory Authority (MACRA), an 
independent body that issues broadcasting licenses for radio, 
television, and Internet service providers. Currently, there are only a 
limited number of Internet service providers, and service is expensive. 
In May President Muluzi appointed the MACRA's first nine-member board.
    There were no restrictions on academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government respects this 
right in practice. Authorities routinely granted official permits, 
which are required by law for large meetings.
    The Constitution provides for freedom of association, and the 
Government respects this right in practice. The Government requires 
organizations, including political parties, to register with the 
Registrar General in the Ministry of Justice. There were no reports of 
groups being denied registration during the year.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice. Religious 
groups must register with the Government. There were no reports that 
the Government refused to register any religious group. Foreign 
missionaries experienced occasional delays in renewing employment 
permits, but this apparently was the result of bureaucratic 
inefficiency rather than deliberate government policy (see Section 
6.e.).
    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation.--Citizens have freedom of movement and 
residence within the country, and the right to leave and return.
    The Government, with one exception, cooperated with the office of 
the U.N. High Commissioner for Refugees (UNHCR) in managing the refugee 
community. According to the UNHCR, Malawi hosted over 1,400 refugees, 
primarily from the Democratic Republic of the Congo and the Great Lakes 
region, at the country's refugee center in Dowa. Although the 
Government grants refugee status, the law does not accept refugees for 
resettlement and does not permit them to work or study. Asylum 
applicants are granted hearings to make their case for asylum status. 
The Government also invoked the principle of first country of asylum 
against many of the Rwandans and Congolese who either had requested 
asylum in another country or had the opportunity to do so. Although 
there were no reports of bona fide refugees seeking first asylum being 
turned away, NGO sources continue to express concern that some of those 
found not to be bona fide refugees--primarily Congolese--were rejected 
because of poor quality translation or ambiguous questions that trapped 
or misled otherwise qualified refugees. In August the Government denied 
the UNHCR access to a group of 25 Eritreans in detention for attempting 
to enter the country, reportedly as tourists, with fraudulent visas. 
Police shot and killed one detainee in their custody (see Section 
1.a.). The Government forcibly returned the remaining 24 Eritreans to 
Ethiopia.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens are able to exercise their constitutional right to vote in 
periodic elections. There is universal suffrage for citizens 18 years 
of age and older. International election observers found the June 
presidential and parliamentary elections to be free and substantially 
fair; however, the electoral process was flawed, as opposition access 
to the broadcast media was limited; there were registration problems in 
some areas of the country;and the Electoral Commission at times 
displayed bias in favor of the ruling party. The opposition appealed 
the outcome of the presidential vote, and at year's end the case still 
was pending before the High Court.
    President Muluzi, First Vice President Justin Malewezi, and a 28-
member cabinet exercise executive authority. The second vice presidency 
remains vacant. The executive exerts considerable influence over the 
legislature; the legislature follows the parliamentary system, and 
consequently a number of cabinet ministers also sit as Members of 
Parliament (M.P.'s). Although the Government and opposition have never 
reached agreement on the applicability of the 1997 High Court ruling 
that cabinet ministers cannot simultaneously sit as M.P.'s., the issue 
currently is not a topic of debate. At year's end, the Electoral 
Commission anticipated holding elections for local government councils 
in each of Malawi's 27 districts during 2000. Although the Government 
does not prevent the operation of opposition political parties, the 
parties continue to allege that the Government uses bribery and other 
inducements to encourage opposition party divisions and defections of 
key personnel to the ruling party.
    There are no laws that restrict the participation of women or 
minorities in the political process; however, there are very few women 
in prominent government positions, and women are underrepresented in 
politics and in positions of authority in general. Four of the 28 
cabinet members are women; women hold 17 of the 193 seats in the 
National Assembly. During the year, a citizen of European origin and 
several of Asian descent were elected to the National Assembly.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
operated without government restriction, training civic educators, 
advocating changes to existing laws and cultural practices, and 
investigating and publishing their findings on human rights cases. 
Government officials generally are cooperative and responsive to their 
views.
    The Ombudsman is mandated by the Constitution to investigate and 
take legal action against government officials responsible for human 
rights violations and other abuses. The Ombudsman's freedom of action 
is circumscribed by legislation that requires a warrant and a 3-day 
waiting period to gain access to certain government records. In August 
the High Court in Blantyre issued an injunction preventing the 
Ombudsman from investigating the June dismissal of four MBC employees. 
(The employees allege that they were dismissed because of their 
political views.) In addition to the injunction, the High Court ruled 
that the Ombudsman's activities are subject to judicial review. The 
Ombudsman appealed this ruling. At year's end, the employees were free 
on bail, and the trial was still pending.
    The Constitution provides for a National Compensation Tribunal 
(NCT) to adjudicate claims of criminal and civil liability against the 
former government. As of February, the NCT had registered over 8,700 
claims, of which approximately 25 percent had been resolved. The NCT's 
lack of funds limits its ability to settle claims. The constitutionally 
mandated Human Rights Commission (HRC) is charged to: monitor, audit, 
and promote human rights provided for under the Constitution; and to 
carry out investigations regarding violations of any human rights. The 
HRC's five commissioners, who were appointed by the President, 
officially met for the first time in February but took no significant 
action during the year.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution specifically provides for equal rights for women; 
forbids discrimination based on language, culture, or religion; and 
generally provides for equality and recognition before the law for 
every citizen. In practice the capacity of government institutions to 
assure equal rights for all citizens is limited.
    Women.--Spousal abuse, especially wife beating, is common. Society 
has begun to take the problem of violence against women seriously. The 
press published frequent accounts of rape and abuse, and the judiciary 
continued to impose heavier penalties on those convicted of rape. 
However, domestic violence seldom isdiscussed openly by women, 
reportedly even among themselves, and in part due to the lack of 
resources there are no confidential shelters or facilities for 
treatment of women who suffer physical or sexual abuse. Police do not 
normally intervene in domestic disputes.
    Under the Constitution, women have the right to full and equal 
protection by law and may not be discriminated against on the basis of 
sex or marital status; however, in practice discrimination against 
women is pervasive, and women do not have opportunities equal to those 
available to men. Women have significantly lower levels of literacy, 
education, formal and nontraditional employment opportunities, and 
access to resources to increase agricultural productivity.
    Women, especially in rural areas, historically have been unable to 
complete even a primary education, and are therefore at a serious 
disadvantage in finding employment. Accepted economic and social 
practice hampers the ability of women and girls to gain an education. 
The literacy rate among women between the ages of 15 and 45 is less 
than 37 percent. Male literacy in the same age group is about 45 
percent. Girls drop out of school more frequently than boys do, and in 
the final year of primary school, only about 25 percent of students are 
girls. Despite recent significant gains in girls' access to education, 
large gaps remain between girls' and boys' achievement levels. However, 
there have been signs of improvement in education for girls. Girls 
entered first grade in the same proportion as boys during the year, 
although the percentage of female secondary school entrants is down 
from the previous year (39 percent).
    Women often have less access to legal and financial assistance, and 
wives are often victims of discriminatory inheritance practices in 
which the majority of the estate is taken unlawfully by the deceased 
husband's family. Women are usually at a disadvantage in marriage, 
family, and property rights, but they have begun to speak out against 
abuse and discrimination. Households headed by women are represented 
disproportionately in the lowest quarter of income distribution. In a 
country where 85 percent of the population is rural, the majority of 
farmers are women; 70 percent of the rural female population farm full 
time. Typically, women work more hours than men to complete the same 
farm tasks because they rarely have comparable tools and equipment and 
remain responsible for all household tasks. Women have limited access 
to agricultural extension services, training, and credit. Some progress 
has been made in all of these areas with gender training for 
agricultural extension workers and the gradual introduction of rural 
credit programs for women. The participation of women in the limited 
formal labor market is particularly constrained; they constitute less 
than 5 percent of managerial and administrative staff.
    Women face significant health problems. The country has a high 
maternal mortality rate. HIV/AIDS is a major threat, and females in the 
15 to 24 age bracket are three to four times more likely to be HIV 
positive than men.
    The Law Commissioner has undertaken a review of legislation that 
discriminates against women and has proposed legislation to bring the 
law into compliance with new constitutional standards. By year's end, 
61 of 65 relevant laws had been reviewed. In 1997 Parliament passed an 
affiliation bill that raised the minimum level of child support. In 
1998 Parliament passed a wills and inheritance bill that increased 
widows' rights.
    The Government addresses women's concerns through the Ministry of 
Gender, Youth, and Community Services. The National Commission on Women 
in Development coordinates government and NGO activities. The Gender 
Initiative Network, an informal association of women's NGO's, attempts 
to bring together the largely urban women's rights activists and the 
overwhelming rural majority to discuss common interests; however, it 
did not take specific initiatives during the year.
    Children.--The Constitution provides for equal treatment of 
children under the law, and the Government greatly increased spending 
on children's health and welfare. The Government established free 
primary education for all children in 1994, although education is not 
compulsory. Well over half of the country's children live in poverty, 
mostly in rural areas. Children in rural households headed by women are 
among the poorest. A few charitable organizations attempted to reduce 
the number of child beggars in urban areas and find alternative care 
for them. The problem of street children worsened as the number of 
orphans whose parents died from HIV/AIDS increased. In 1995 there 
werean estimated 140,000 children who had lost their mother to AIDS, 
and this figure is expected to increase to 300,000 by 2000. Such 
children and other orphans normally are cared for by extended family 
members.
    Only one-third of children have easy access to safe drinking water. 
Infant mortality is high. Child malnutrition is a serious problem.
    There are societal patterns of abuse of children. A few small 
ethnic groups practice female genital mutilation, which is widely 
condemned by international health experts as damaging to both physical 
and psychological health. The Government took no action against FGM 
during the year. The media also have begun to report on the sexual 
abuse of children, especially in relation to traditional practices of 
initiation. While rites to initiate girls into their future adult roles 
are still secret, information suggests that abusive practices are 
widespread and quite damaging. Also, the belief that children are 
unlikely to be HIV positive contributes to the sexual abuse of minors.
    People with Disabilities.--The Government has not mandated 
accessibility to buildings and services for the disabled, but one of 
the national goals in the Constitution is to support the disabled 
through greater access to public places, fair opportunities in 
employment, and full participation in all spheres of society. There are 
both public and privately supported schools and training centers, which 
assist individuals with disabilities. There are also several self-
supporting businesses run by and for persons with disabilities. In 
December 1998, President Muluzi established a new cabinet-level 
position, the Minister of State Responsible for Persons with 
Disabilities.
    National/Racial/Ethnic Minorities.--Malawians of African heritage 
are members of indigenous tribes and are not discriminated against by 
government or society. There is no legal discrimination against 
citizens of Asian heritage, although societal tensions exist between 
the communities of African and Asian origin.
Section 6. Worker Rights
    a. The Right of Association.--The 1996 Labor Relations Act (LRA) 
governs labor issues. Workers have the legal right to form and join 
trade unions; however, union membership is low due to the small 
percentage of the work force in the formal sector (about 12 percent), 
the lack of awareness of worker rights and benefits, and a resistance 
on the part of many employees to joining unions. Only 13 percent of 
persons employed in the formal sector belong to unions. Accurate 
statistics on the numbers of union members are not available.
    Unions must register with the Registrar of Trade Unions and 
Employers' Organizations in the Ministry of Labor and Vocational 
Training (MOLVT). Army personnel and police may not belong to trade 
unions, but other civil servants are allowed to form unions. There are 
no unusually difficult registration procedures. Unions are independent 
of the government, parties, and other political forces.
    Although there are no restrictions on the number of union 
federations, the country has only one, the Malawi Congress of Trade 
Unions (MCTU). All unions are affiliated with it.
    Mechanisms for protecting internationally recognized worker rights 
are weak. There are serious manpower shortages at the Ministry of 
Labor; as a result, there are almost no labor standards inspections.
    The LRA allows members of a registered union to strike only after 
all dispute settlement procedures established in a collective agreement 
and conciliation procedures have failed. The law requires a notice in 
writing to the employer and the MOLVT at least 7 days before a strike. 
The law also forbids the temporary replacement of labor, and allows 
peaceful picketing during strikes. However, members of a registered 
union in ``essential services'' do not have the right to strike. 
Essential services are specified as services whose interruption would 
endanger the life, health, or personal safety of the whole or part of 
the population; they are determined by the Industrial Relations Court 
upon application by the Minister of Labor. The law provides similar 
procedures for lockouts.Laws do not specifically prohibit retaliation 
against strikers. There is no prohibition on actions against unions 
that are not registered legally. Arbitration rulings are legally 
enforceable.
    Unions may form or join federations, and have the right to 
affiliate with and participate in international workers' organizations, 
with the permission of the Government.
    b. The Right to Organize and Bargain Collectively.--Unions have the 
right to organize and bargain collectively. The LRA requires that at 
least 20 percent of employees (excluding senior managerial staff) 
belong to a union before such a union can engage in collective 
bargaining at the enterprise level. The LRA requires at least 15 
percent union membership for collective bargaining at the sector level. 
The law provides for the establishment of industrial councils in the 
absence of collective agreements for sector-level bargaining. 
Industrial council functions include wage negotiation, dispute 
resolution, and industry-specific labor policy development. Collective 
agreements are binding legally, and both parties must deposit them with 
the Registrar of Trade Unions.
    The law prohibits antiunion discrimination by employers and 
requires that employers reinstate workers dismissed because of union 
activities.
    Parliament approved legislation to establish export-processing 
zones (EPZ's) in 1995. At year's end, 25 firms held licenses to operate 
under EPZ status, and all were operational. The full range of labor 
regulations applies to the EPZ's.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced labor, and such labor is not generally used. There are 
allegations that some large agricultural estates engage in the 
practice. The law does not prohibit specifically forced and bonded 
labor by children.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution defines children as persons less than 16 
years of age. It prohibits the employment of children in work that is 
hazardous, harmful, or interferes with their education. Primary 
education is free and universal, but not compulsory. Budgetary 
constraints largely preclude minimum work age and child labor law 
enforcement by police and MOLVT inspectors. There is significant child 
labor on tobacco and tea farms, subsistence farms, and in domestic 
service. There is no special legal restriction on children's work 
hours, largely due to extreme poverty and longstanding cultural 
tradition. The law does not prohibit forced and bonded labor by 
children specifically; however, forced and bonded labor in general is 
prohibited by law. Nonetheless, at least one local NGO has reported 
that in urban areas it is not uncommon to find young girls working as 
domestic servants, receiving little or no wages, and existing in a 
state of indentured servitude (see Section 6.c.).
    e. Acceptable Conditions of Work.--The MOLVT sets separate urban 
and rural minimum wage rates based on recommendations of the Tripartite 
Wage Advisory Board composed of representatives of labor, government, 
and the private sector. The urban minimum wage amounts to about $0.58 
(MK24.80) per day, including $0.07 (MK3) for rent; in all other areas 
it is roughly $0.41 (MK17.50) per day, including $0.04 (MK2) for rent. 
These minimum wage rates, the result of a revision in August 1998 
following a 40 percent devaluation of the currency, remain insufficient 
to provide a worker and family with a decent standard of living. Wage 
earners tend to supplement their incomes through farming activities. 
The MOLVT lacks the resources to enforce the minimum wage effectively. 
However, the minimum wage largely is irrelevant for the great majority 
of citizens, who earn their livelihood outside the formal wage sector.
    The maximum legal workweek is 48 hours, with a mandatory weekly 24-
hour rest period. The laws require payment for overtime work and 
prohibit compulsory overtime. In practice employers frequently violate 
statutory time restrictions.
    The law protects foreign workers in correct legal status. Illegal 
foreign workers are subject to deportation.
    In November 1998, the Government issued a revised ``policy 
statement'' and new guidelines for the issuance and renewal of 
[expatriate] employment permits that underscored its desire to make 
such permits readily available to foreigners. The 1998 guidelines 
mandated that processing times for temporary employment permit (TEP) 
applications not exceed 40 working days. Nonetheless, slow and 
inconsistent processing of TEP applications caused concern and 
sometimes hardship to businessmen, teachers, health workers, and 
missionaries. Foreign firms continue to complain that processing times 
for TEP applications exceed the 40-day maximum mandated in the 1998 
policy statement.
    The Workers' Compensation Act includes extensive occupational 
health and safety standards. Enforcement of these standards by the 
MOLVT is erratic. Workers--particularly in industrial jobs--often work 
without basic safety clothing and equipment. Workers dismissed for 
filing complaints about workplace conditions have the right to file a 
complaint at the labor office or sue the employer for wrongful 
dismissal. Workers have the right to remove themselves from dangerous 
work situations without jeopardy to continued employment. However, 
given the low level of education of most workers and the high level of 
unemployment, they are unlikely to exercise this right.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons. A court ruling during the year acquitted a local 
businesswoman of luring three Malawian girls to the Netherlands and 
subsequently forcing them into prostitution.
                                 ______
                                 

                                  MALI

    Mali is a constitutional democracy now implementing 
decentralization following local elections. President Alpha Oumar 
Konare was reelected to a second 5-year term in 1997. A collective of 
12 opposition parties boycotted the 1997 presidential and legislative 
elections, which were administratively flawed but considered generally 
free and without evident fraud, and claimed that the elections were 
unconstitutional because the Government failed to carry out annual 
updates of electoral lists. However, some opposition candidates chose 
to participate by running as independents. The ruling Alliance for 
Democracy in Mali (ADEMA), led by President Konare, dominates the 
National Assembly, which includes representatives of opposition and 
ADEMA-aligned parties. Local elections took place in May and June in 
682 rural communities, completing elections held in 19 urban 
communities the previous year. Council members elected their mayors 
between August 28 and September 6, and newly elected mayors took over 
local administration between September 9 and September 15. The 
Constitution provides for an independent judiciary, but in practice the 
Government continues to exert influence on the judiciary.
    Security forces are composed of the army, air force, Gendarmerie, 
the National Guard, and the police. The army and air force are under 
the control of the civilian Minister of the Armed Forces and Veterans, 
as are the Gendarmerie and the National Guard. The police are under the 
Ministry of Territorial Administration and Security. The police and 
gendarmes share responsibility for internal security. The Government 
completed the process of integrating elements of former Tuareg rebel 
forces into its armed forces.
    Mali is a very poor country with a market-based economy. Most of 
the work force is employed in the agricultural sector, particularly 
farming and animal husbandry. The country's principal exports are 
cotton, livestock, and gold. There is a very small industrial sector, 
largely based on the manufacture of textiles, beverages, and processed 
food products. The gross national product is approximately $251 per 
capita, which provides most of the population with a low standard of 
living. The economy depends heavily upon foreign assistance. 
Desertification and social limitations, including a current estimated 
literacy rate of roughly 20 percent and a high population growth rate, 
contribute to poverty. Poor infrastructure, minimal foreign investment, 
administrativeinefficiency, and corruption are also important factors 
in limiting economic growth.
    The Government generally respected its citizen's human rights in 
many areas; however, problems remained in several others. There was one 
incident of politically motivated disappearance. Prison conditions 
remained poor. Unlike the previous year, there were no instances of 
arbitrary arrest and detention; however, the judicial system's large 
case backlog resulted in long periods of pretrial detention and lengthy 
delays in trials. The judiciary continued to be subject to executive 
influence. Unlike the previous year, there were no instances in which 
freedom of assembly was limited. Societal discrimination against women 
persists, and social and cultural factors continued to limit sharply 
economic and educational opportunities for most women. Violence against 
women and children, including spousal abuse and female genital 
mutilation (FGM), is widespread. There were several serious incidents 
of societal violence related to political or ethnic tension. Political 
change in the country's volatile northern region was followed by 
sectarian violence in isolated villages. There was an incident during 
the June rural election in which five government officials were 
kidnaped and two voting stations were destroyed by a group that tried 
to disrupt the election. In a separate incident, clashes between Kounta 
and Arab communities resulted in 33 deaths and several injuries. In 
June and July, two violent incidents occurred between Fulani herders 
and Sarakole farmers in the Kayes region. A dozen persons were killed, 
and several were wounded. In both incidents, parliamentary and 
government mediation have helped in easing the tension between the 
communities in conflict.
    Small-scale traditional family-based child labor is frequently 
employed in agriculture and domestic areas. Malian children were 
trafficked sold into forced labor in Cote D'Ivoire; the Government 
arrested several traffickers. Hereditary servitude relationships link 
different ethnic groups.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings by security forces during the year.
    There were no developments in the 1994 deaths of the Swiss 
Cooperation Mission director and his two Malian colleagues, who were 
killed by an army patrol in Niafunke. A government mission of inquiry 
into their deaths determined that the actions were unwarranted and 
unjustified. However, to date, the Government has taken no action to 
expedite the case, which remains on file at a regional court.
    In the evening prior to the June 1998 municipal election in Segou, 
individuals seeking to disrupt the elections threw a grenade into the 
courtyard of the regional representative of the electoral commission, 
killing the deputy chief commissioner's adult daughter and wounding 
several other persons. Several persons were arrested and charged with 
assault and attempt to kill; the case is still under judicial 
investigation. On October 12, the detainees were released provisionally 
to await arraignment and trial.
    b. Disappearance.--In July a group of nomads in the Cercle of 
Menaka disrupted voting in the local elections by kidnaping five 
officials and destroying voting materials, citing an unfair drawing of 
the voting area's boundaries (see Section 3). The officials were 
released unharmed after the Government permitted the kidnapers to 
depart for a neighboring country.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and the 
authorities generally respect these provisions.
    Amnesty International (AI), in reports released in November 1997 
and in October 1998, cited allegations by former detainees and an 
independent witness that members of the security forces had tortured 
them in order to extract confessions in some cases. Although senior 
government officials voiced skepticism about these reports, the 
Government invited AI to continue its monitoring and reporting 
activities (see Section 4). In the two cases on which AI's allegations 
of torture chiefly focused, the case of the 1997 election day bombing 
of the Bamako market and the case of military officers accused of 
planning a coup (see Section 1.e.), the defendants were released soon 
after their convictions, either because the President pardoned them or 
because the court imposed short sentences including the time that they 
already had been detained.
    Some police and gendarmes extort bribes at vehicle checkpoints (see 
Section 2.d.).
    Prison conditions are poor. Prisons continue to be characterized by 
overcrowding, inadequate medical facilities, and limited food supplies. 
They remain below minimum international standards. In Bamako juvenile 
offenders usually are held in the same prison as adult offenders but 
are kept in separate cells. Women are housed in the same prison 
facility as men but live in a separate compound. In regional prisons 
outside the capital, men and women are housed in the same building but 
in separate cells. In these facilities, children share cells with adult 
prisoners of the same sex. In late 1997, the Justice Minister made a 
fact finding tour of the prison system, which led to the closing of the 
colonial-era Kidal prison with its prisoners given daytime jobs in the 
remote northern desert town. In 1998 the Minister initiated an overall 
review of prison conditions. In December 1998, the Justice Minister 
confirmed that poor prison conditions persist; the Democracy Forum held 
that same month concluded that although poor, prison conditions were 
improving. The Judiciary Forum meeting of civil society representatives 
held in March concluded that prison conditions remained poor. However, 
the Democracy Forum in December noted that the Government had taken 
some steps to improve the condition of detainees, including opening 
separate facilities for reeducation of young offenders and education 
for guards in the rights of detainees. During the year, women and 
children initially detained in the central prison of Bamako were 
transferred to the new detention center inaugurated by the government 
in December 1998.
    The Government permits prison visits by human rights monitors. 
Several organizations, including the Malian Association of Human 
Rights, the Malian Association of Women Jurists, and other 
nongovernmental organizations (NGO's) visited prisoners and are working 
with women and juvenile prisoners to improve their conditions. The 
International Committee of the Red Cross (ICRC) continued to visit 
imprisoned leading members of the former government.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
provides that suspects must be charged or released within 48 hours and 
that they are entitled to counsel; however, in practice 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 persons to trial. In extreme cases, 
individuals have remained in prison for several years before coming to 
trial. For example Abdoulaye Diallo had been detained since 1995 prior 
to his conviction in March 1998 for embezzlement during his tenure as 
Minister of Health under the regime of General Moussa Traore, who was 
President until 1991. He was sentenced for crimes of bloodshed to 3 
years' imprisonment, which included time spent in custody. He was 
absolved of economic crimes.
    Judicial warrants are required for arrest. Local lawyers have 
estimated that about half of prison inmates are pretrial detainees. 
This judgment was confirmed in March during the Judiciary Forum 
seminar. Limited rights of bail or the granting of conditional liberty 
exist, particularly for minor crimes and civil matters. On occasion the 
authorities release defendants on their own recognizance.
    In 1997 former President Traore, his wife Mariam, and former 
customs commissioner Douah Abraham Sissoko, who were placed under 
detention following the fall of the Traore regime in 1991, remained 
under detention and were charged with ``economic crimes,'' including 
``abuse of a position of power'' and ``illicit enrichment.'' They had 
been convicted and sentenced to death in 1993, but President Konare 
commuted their sentences to prisonterms in December 1997. The trial in 
their cases and similar cases involving five other senior officials of 
the Traore regime began in October 1998. Traore, his wife Mariam, and 
Sissoko were convicted and sentenced to death in January; they are 
currently serving life sentences.
    The Government does not practice forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the executive branch continues to exert 
influence over the judicial system. The Ministry of Justice appoints 
and has the power to suspend judges; it supervises both law enforcement 
and judicial functions. The President heads the Superior Judicial 
Council, which oversees judicial activity.
    The Supreme Court has both judicial and administrative powers. The 
Constitution established a separate Constitutional Court that oversees 
issues of constitutionality and acts as an election arbiter. The 
Constitution also provides for the convening of 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 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 without charge. The village 
chief in consultation with the elders decides the majority of disputes 
in rural areas. If these decisions are challenged in court, only those 
found to have legal merit are upheld.
    Women and minorities are not discriminated against in courts.
    AI in an October 1998 report described the arrest in 1996, 
detention in 1997, and ultimate trial and conviction in March of seven 
military officers, including former minister Mady Diallo, who were 
accused of plotting to overthrow the Government. The report concluded 
that there were irregularities throughout the process, that confessions 
were provided under duress, and that the entire process and the 
subsequent sentences were politically motivated. However, the 
prosecution described the officers' claim that they were engaged in 
labor union activities within the officer corps as a veiled attempt to 
organize a coup. The accused were released in March 1998, having 
already served in detention most of the prison terms to which they were 
sentenced. Diallo originally said that he would appeal the court's 
verdict, but he did not pursue the matter after release.
    There were no other reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the inviolability of the 
home, and the Government respects this right in practice. Police 
searches are infrequent and require judicial warrants. However, 
security forces maintain physical and technical surveillance of 
individuals and groups believed to be threats to internal security, 
including surveillance of telephone and written correspondence of 
individuals deemed to be a threat to national security.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights in practice.
    There are approximately 40 private newspapers and journals, in 
French, Arabic, and local languages. There are five daily newspapers: 
four are privately owned, of which one is allied with the ruling party 
and one is government controlled.
    The Government controls one television station and one of many 
radio stations, but all present a wide range of views, including those 
critical of the Government, the President, the Prime Minister, and 
other politicians. However, there are no private television stations 
that broadcast domestically produced programs. The legal framework for 
private television has been in place since 1992; however, the 
Government still is developing the fee schedules. Radio KLEDU has had 
an approved application on record since 1992, but it also is awaiting 
announcement of the fee schedules and examining its financial base 
beforestarting private television broadcasting. The Government made 
little progress toward private television licensing during the year.
    The relative expense of newspapers and television, coupled with a 
low literacy rate, makes radio the most prevalent medium of mass 
information and communication. There are as many as 15 private radio 
stations in Bamako, and there are approximately 40 additional stations 
throughout the country.
    The Government does not censor print, broadcast, or electronic 
media, which often offer editorials critical of the Government and 
opposition alike. Laws passed in 1993 regulate the press and provide 
for substantial criminal penalties, including imprisonment, for libel 
and for public injury to the Head of State, other officials, and 
foreign diplomats; these laws leave injury undefined and subject to 
judicial interpretation. However, the current Government never has 
prosecuted journalists on criminal libel charges. No journalists were 
arrested on libel charges during the year.
    Domestic reception and distribution of foreign satellite and cable 
television is permitted and fairly widespread, especially in Bamako. 
Five domestic servers provide access to the Internet. Licenses to 
operate Internet servers are granted freely and are not prohibitively 
expensive.
    Academic freedom generally is respected; however, in April security 
forces made a mass arrest of students attending a meeting on the campus 
of an institute of higher education (see Section 2.b.).
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally respects 
this right in practice; however, there were a few exceptions. The law 
requires groups that wish to hold public meetings to obtain the mayor's 
permission; such permission is granted routinely. In February and 
March, students demonstrated on the campus of the National University 
to protest against the holding of exams. About a dozen of the 
demonstrators were detained by police, but later released without 
charge.
    The Constitution provides for freedom of association, and the 
Government respects this right in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice; 
however, the Government does not officially recognize the Baha'i Faith. 
The law allows for religious practices that do not pose a threat to 
social stability and peace. The Constitution declares the country a 
secular state.
    The Government requires that all public associations, including 
religious associations, register with the Government. However, 
registration confers no tax preference and no other legal benefits, and 
failure to register is not penalized in practice. The registration 
process is routine and is not burdensome. Traditional indigenous 
religious are not required to register.
    In 1989 a previous government refused an application for 
registration submitted by a Baha'i group, although there was and still 
is no state law prohibiting the practice of the Baha'i Faith. The 
absence of official recognition does not appear to have restricted 
materially the practice of the Baha'i Faith in the country. Although 
the Government still does not officially recognize the Baha'i Faith, it 
does not restrict the practice of the religion either in law or in 
practice.
    Muslims make up about 90 percent of the population, and the vast 
majority of Muslims are Sunni. Most of the remainder of the population 
practice traditional indigenous religions or no religion. There is a 
small Christian minority, and the Christian community is about evenly 
split between Catholic and Protestant denominations.
    Foreign missionary groups operate in the country, and Muslims and 
non-Muslims may proselytize freely.
    The Minister of Territorial Administration and Security can 
prohibit religious publications that he concludes defame another 
religion, but there were no reports of instances in which publications 
were prohibited.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respects them in practice. The 
Government generally does not restrict internal movement and does not 
restrict international travel. However, police routinely stop and check 
both citizens and foreigners to restrict the movement of contraband and 
to verify vehicle registrations. Some police and gendarmes use the 
occasion to extort bribes.
    The Government cooperates with the office of the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting refugees. A June 1998 law conforms to the provisions of 
the 1951 U.N. Convention Relating to the Status of Refugees and its 
1967 Protocol. As a follow-up to this law, in December 1998 the 
Government created a national committee in charge of refugees. The 
committee began operations in January with institutional assistance 
from the UNHCR. The Government provides first asylum for refugees.
    According to both UNHCR and government estimates, there were 6,000 
Mauritanians living in western Mali at year's end. However, the UNHCR, 
Mauritania, and Mali have never agreed on recognition of the refugee 
status of these persons, who have lived in Mali for nearly a decade. 
Members of these pastoralist, border groups historically make cross-
border migrations. Throughout 1998 the UNHCR provided some limited 
material assistance and incentives to pastoralists of Mauritanian 
origin to return to Mauritania, and this program reduced the number 
from approximately 10,000 at the end of 1998 to the estimated 6,000 
still residing in the country. In June the UNHCR completed its 
assistance to such persons, which consisted of community support at 
their living sites as opposed to repatriation assistance. Mauritanians 
are free to register for refugee status, although few actually do.
    Mali hosted approximately 1,900 urban refugees as of November; 
four-fifths are from Sierra Leone and 90 percent are in Bamako. The 
Government opened a transit center located 120 miles from Bamako, where 
it hosts approximately 100 of the most vulnerable refugee and asylum 
applicants. The center has a capacity of approximately 300 persons, but 
that could be expanded to hold 900.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to change their government and did so for 
the first time in 1992. In 1997 citizens elected President Alpha Oumar 
Konare to a second 5-year term by secret ballot in elections that were 
open to all and free of evident fraud and manipulation. Konare won 96 
percent of the vote, but voter turnout was reportedly 20 to 25 percent; 
most opposition parties boycotted the election, citing flaws in the 
voter registration system. The opposition continued to charge that the 
Government failed to carry out constitutionally mandated annual 
electoral list revisions and that, therefore, the elections should be 
declared invalid.
    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. Additionally, the President appoints other members of the 
Government and sets limits on their powers. He names civil servants 
(national directors, regional government delegates, and others) and 
high military officers as mandated by the Constitution. The President 
also promulgates laws within 15 days, following transmission to the 
Government of a final adopted text. He can veto and return legislation 
to the National Assembly for reconsideration. There is no provision for 
the National Assembly to override a presidential veto. The President 
may submit all questions of national interest to referendum after 
consultation with the Constitutional Court. He exercises the power of 
pardon and can grant amnesty. The President may dissolve the National 
Assembly and call for new elections, although not in the year following 
legislative elections. Theoretically, he can declare a state of 
emergency and rule by decree, although President Konare has never done 
so.
    National Assembly members were elected in 1992 and 1997. The 
Constitutional Court cancelled the results of the initial 1997 
legislative elections, citing flaws in the electoral process. These 
elections were repeated later in 1997, and the results were 
implemented. Citing problems in the voter registrationprocess, a 
collective of 18 opposition parties boycotted these elections, which, 
although administratively flawed, were considered by most independent 
observers to be generally free and without evident fraud. ADEMA holds 
130 of 147 seats in the National Assembly, with 12 held by allied 
parties and 5 held by opposition parties.
    The Government instituted far-reaching administrative reforms 
during the year. As of September 16, governing authority is shared by 
elected mayors in the 701 communes (including the 19 cities), and 
appointed officials (``commissaire du gouvernement'') who are the 
representatives of the central Government in the District of Bamako, 
the regions and the cercles (districts roughly equivalent to counties). 
Local governments benefit from central government subsidies, but they 
also are able to collect local taxes to support their operations. 
Decentralization is still a controversial issue. The process has 
changed traditional power relationships between government and governed 
and has relieved formerly powerful civil servants of their authority. 
The new administrators often are inexperienced and undereducated. 
Despite governmental pressure to move ahead with decentralization, the 
nonparliamentary opposition says that the Government is moving too 
fast, and should implement the process step by step as administrators 
lack adequate funding to govern effectively.
    After local elections in June 1998, held to choose council members 
for the 19 urban communities, the long-awaited rural elections were 
carried out in May and June. Several opposition parties that had 
boycotted earlier elections participated in the rural elections, with 
considerable success. On election day, a group of nomads in the Cercle 
of Menaka disrupted the voting by kidnaping five officials and 
destroying voting materials, citing an unfair drawing of the voting 
area boundaries (see Section 1.b.). In two communities (Kidal and 
Bourem), council members could not elect a mayor due to intercommunity 
disputes.
    There are no restrictions, legal or otherwise, on voting by women 
or minorities; however, women are underrepresented in politics. A total 
of 18 women hold seats in the 147-member National Assembly, compared 
with 3 elected in 1992. Six cabinet members are women. Members of 
historically marginalized pastoralist ethnic minorities, including the 
Fulani and the Tauregs, occupy seats in both the Cabinet and National 
Assembly. The President of the Assembly is Fulani (see Section 5).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Independent human rights organizations--including the Malian 
Association for Human Rights (AMDH), a smaller Malian League of Human 
Rights, and a local chapter of Amnesty International (AI)--operate 
openly and without interference from the Government. The ICRC has 
offices in Bamako, Timbuktu, and Gao.
    Since 1994 the Government has held an annual Democracy and Human 
Rights Forum in December to which it invited citizens to voice 
discontent and grievances against the Government publicly in the 
presence of the media and international human rights observers. The 
events are well attended by local citizens from all walks of life and 
discussion is free and open. Held on December 10, the Democracy Forum 
convened to review the previous year's work and to make recommendations 
to the Government. The topics for discussion included judicial reform, 
access to education, and violence against women. The Forum called on 
the Government to make these issues a priority in the coming year.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on social origin, 
color, language, sex, or race, and the Government respects these 
provisions in practice. However, social and cultural factors give men a 
dominant role.
    Women.--Violence against women, including wife beating, is 
tolerated and common.
    Women's access to jobs in the professions and government, and to 
economic and educational opportunities traditionally has been limited. 
A 1995-96 national demographic and health survey found that 81 percent 
of women (compared with 69.3 percent of men) between the ages of 15 and 
49 received no education. Women constitute 15 percent of the labor 
force. The Government, the country's major employer, pays women the 
same as men for similarwork. Women often live under harsh conditions, 
especially in rural areas, where they perform difficult farm work and 
do most of the childbearing. Despite legislation giving women equal 
rights regarding property, traditional practice and ignorance of the 
law prevent women from taking full advantage of this reform. In 1996 
the Government launched a 4-year national plan of action for the 
promotion of women. The plan, financed by national, regional, and local 
community budgets, seeks to reduce inequalities between men and women 
in six target areas, including education, health, and legal rights. 
Despite its initial 4-year mandate, the plan is not close to 
completion; however, it continues to influence government project 
development.
    Traditional practice discriminates against women in inheritance 
matters.
    There are numerous active women's groups that promote the rights of 
women and children. 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 the general protection of civil 
rights.
    Children.--Although by law primary education is compulsory through 
the sixth grade, only 50 percent of children receive a basic education. 
Literacy rates among females remain low due to a low degree of 
adherence to this requirement, a lack of primary schools, cultural 
tendencies to place less emphasis on education for girls, and the fact 
that most of the population live in rural areas.
    There is no constitutional or legal provision to protect the 
interests and rights of children, and there is no juvenile court 
system. However, the Malian Social Services Department investigates and 
intervenes in cases of reported child abuse or neglect. According to 
local human rights organizations, reported cases are rare; however, 
statistics are unreliable.
    There were credible reports that children were sold into forced 
labor in Cote d'Ivoire (see Section 6.c.).
    Female genital mutilation, which is 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 a 1995-96 national 
demographic and health survey, at least 93.7 percent of adult women 
have undergone this mutilation. The Government has not proposed 
legislation prohibiting FGM. The Government is pursuing a program of 
public awareness rather than legal prosecution of women involved in the 
practice. It supports educational efforts to eliminate the practice 
through seminars and conferences and provides media access to 
proponents of its elimination. In 1997 the Ministry for the Promotion 
of Women created a National Committee Against Violence Towards Women 
that links all the NGO's active in preventing FGM. Throughout the year, 
various NGO's campaigned against FGM and in October 1998, the National 
Committee adopted a draft action plan against sexual mutilation for 
submission to the Ministerial Council and after further revision was 
presented early in the year. The Ministerial Council accepted the 
recommendations and the Government instituted a two-phased plan to 
eliminate excision by 2008. The first phase, scheduled for 1999-2004, 
is one of education and dissemination of information. The second phase, 
scheduled for 2004-08 is projected to adopt legislation and legally 
enforce such ordinances.
    People with Disabilities.--There is no specific legislation 
protecting the rights of the physically or mentally disabled, nor 
mandating accessibility. The Government does not discriminate against 
the physically disabled in regard to employment, education, and other 
state services; however, the Government has not taken special provision 
for the disabled in these areas. There is no societal discrimination 
against the disabled; however, in view of the high unemployment rate, 
the physically disabled are often unable to find work.
    National/Racial/Ethnic Minorities.--The population of about 10 
million is ethnically, culturally, and regionally diverse. Major 
ethnic-cultural groups include: the Mande, concentrated in the 
southwest, which constitutes about half the population and includes the 
Bambara ethnic group; the Malinke; the Voltaic, concentrated in the 
south andcomprising the Bobo and Senoufo groups; the Sudanic, 
concentrated in the central regions and comprising the Sarakole, 
Songhai, Dogon, and Bozo groups; and the pastoralist, comprising the 
Tuaregs and Moors of the northeast and the Peul (or Fulani) of the 
central region.
    Longstanding tensions between the long-marginalized Moor and Tuareg 
pastoralist groups and the more populous nonpastoralist groups have 
been a leading source of political instability and violence, including 
the Tuareg rebellions of the early 1990's. In June and July, there were 
two violent incidents between Fulani herders and Sarakole farmers in 
the western region of Kayes bordering Senegal and Mauritania, over 
natural resource management. A dozen persons were killed and several 
were wounded. Clashes between Arab and Kounta communities resulted in 
the death of 33 persons, with several others wounded. In both cases, 
traditional and parliamentary mediators have negotiated peace between 
the parties in conflict.
    No single ethnic group predominates in either the private sector or 
the public sector. All three presidents since independence have been 
affiliated with the Bambara group, which accounts for roughly half of 
the country's population, but no ethnic group holds disproportionate 
numbers of government positions or predominates in the military or 
civil service. Political parties, by and large, do not have readily 
identifiable ethnic bases, but some reflect regional constituencies.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and the Labor Code 
specifically provide for the freedom of workers to form or join unions 
and protect freedom of association. Only the military, the Gendarmerie, 
and the National Guard are excluded from forming unions. Virtually all 
salaried employees are organized. Workers have established independent 
unions for teachers, magistrates, health workers, and senior civil 
servants, and most are affiliated with the National Union of Malian 
Workers (UNTM) confederation. The UNTM has maintained its autonomy from 
the Government. The umbrella union, UNTM, held a warning strike on July 
20-21. Subsequently, government workers received a 7 percent salary 
increase.
    There are two major labor federations, the UNTM and the Syndicated 
Confederation of Malian Workers (CSTM). The UNTM, formerly the only 
major labor body, split in late 1997, dividing the country's 12 labor 
organizations into 2 federations.
    The Constitution provides for the right to strike, although there 
are restrictions in some areas. For example civil servants 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. The Labor Code prohibits 
retribution against strikers, and the Government respects this 
requirement in practice.
    Unions are free to associate with and participate in international 
bodies.
    b. The Right to Organize and Bargain Collectively.--The growth of 
independent unions has led to more direct bargaining between these 
unions and their employers. However, wages and salaries for 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. The 1997 split 
in the UNTM did not change the basic procedures of these negotiations.
    Neither the Constitution nor the Labor Code addresses the question 
of antiunion discrimination, but there have been no reports or 
complaints of antiunion behavior or activities. If the parties cannot 
come to agreement, the dispute goes to the Labor Court for decision.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, including that performed by 
children; however, Malian children were sold into forced labor in Cote 
d'Ivoire by organized traffickers (see Section 6.f.).
    Although there have been no other reports of forced or bonded child 
labor in Mali, apprenticeship, often in a family member's or a parent's 
vocation, begins at an early age, especially for children unable to 
attend school.
    There were some reports that the de facto slavery long reported to 
have existed in northern salt mining communities has evolved toward 
wage labor in recent years; however, reliable current evidence about 
labor conditions in those remote facilities remained unavailable. 
Hereditary servitude relationships link different ethnic groups, 
particularly in the north. For example there is a hereditary service 
relationship between members of the Bellah ethnic group and Tuareg 
populations.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The 1996 Labor Code has specific policies that pertain to 
child labor. The Labor Code prohibits forced or bonded child labor; 
however, Malian children were sold into forced labor abroad by 
organized traffickers, and apprenticeship begins at an early age (see 
Sections 6.c. and 6.f.). The authorities enforce the Labor Code 
provisions through the use of labor inspectors. Inspectors from the 
Ministry of Employment, Public Service, and Labor conduct surprise 
inspections and complaint-based inspections. However, resource 
limitations restrict the frequency and effectiveness of oversight by 
the Labor Inspection Service and the Service operates only in the 
modern sector.
    The Labor Code permits children between the ages of 12 and 14 to 
work up to 2 hours per day during school vacations with parental 
approval. Children between the ages of 14 and 16 may work up to 4\1/2\ 
hours per day with the permission of a labor inspector, but not during 
nights, holidays, or Sundays. Children between the ages of 16 and 18 
may work in jobs that are not physically demanding; males may work up 
to 8 hours per day and females up to 6 hours per day.
    These regulations often are ignored in practice. Moreover, the 
Labor Code 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, for example, as street vendors. These children are not 
protected by laws against unjust compensation, excessive hours, or 
capricious discharge.
    Education is free and in principle is open to all, although the 
majority of students leave school by the age of 12. While primary 
school is compulsory, it is only available to one-half of the children. 
Child labor predominates in the agricultural sector and, to a lesser 
degree, in crafts and trades apprenticeships, and cottage industries.
    e. Acceptable Conditions of Work.--The Labor Code specifies 
conditions of employment, including hours, wages, and social security, 
but in practice many employers either ignore or do not comply 
completely with the regulations. The national minimum wage rate, set in 
1994, is approximately $40 (21,000 CFA francs) per month. Workers must 
be paid overtime for additional hours. The minimum wage does not 
provide a decent standard of living for a worker and family. The 
minimum wage is supplemented by a required package of benefits, 
including social security and health care. 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 (45 hours for agricultural 
employees), with a requirement for at least one 24-hour rest period. 
The Social Security Code provides a broad range of legal protection 
against hazards in the workplace, and workers' groups have brought 
pressure on employers to respect parts of the regulations, particularly 
those affecting personal hygiene. However, with high unemployment, 
workers often are reluctant to report violations of occupational safety 
regulations. 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.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons. There were instances of Malian children sold into forced labor 
in Cote d'Ivoire. For example children recruited by Malians in the 
border town of Sikasso were promised jobs in Cote d'Ivoire, transported 
across the border, and then sold for approximately $20 to $40 (10,000 
to 20,000 CFA francs) to Malians and Ivorians who brokered them 
throughout the plantations of north-central Cote d'Ivoire. The 
Government is taking steps to halt this trafficking and repatriate the 
children to Mali. In August five children were returned to their 
families from Cote d'Ivoire. However, there were no arrests or 
prosecutions of traffickers in these cases.
                                 ______
                                 

                               MAURITANIA

    Mauritania is a highly centralized Islamic Republic dominated by a 
strong presidency. The 1991 Constitution provides for a civilian 
government composed of a dominant executive branch, a senate, and a 
national assembly. President Maaouya Ould Sid'Ahmed Taya has governed 
since 1984, first as head of a military junta, and since the 1992 
multiparty election as head of a civilian government. In December 1997, 
Taya was reelected President, receiving over 90 percent of the vote. 
The election, contested by four opposition candidates but boycotted by 
the five-party Opposition Front coalition, was widely regarded as 
fraudulent. Most opposition parties also boycotted earlier 
parliamentary elections but participated in senate elections in 1994 
and 1996; they gained only one seat. In the country's first multiparty 
elections to the 79-member National Assembly held in 1996, 1 opposition 
and 6 independent candidates were elected; candidates of the ruling 
Republican, Democratic and Social Party (PRDS) won 72 seats. The 
outcome of these elections was marred by fraud on all sides and 
pervasive government intervention. The Constitution provides for an 
independent judiciary; however, the judiciary is subject to significant 
pressure from the executive through its ability to influence judges.
    The Government maintains order with regular armed forces, the 
National Guard, the Gendarmerie, and the police. The Ministry of 
Defense directs the armed forces and Gendarmerie; the Ministry of 
Interior directs the National Guard and police. The armed forces are 
responsible for national defense. The National Guard performs police 
functions throughout the country in areas in which city police are not 
present. The Gendarmerie is a specialized paramilitary group 
responsible for maintenance of civil order in and outside metropolitan 
areas. Security forces are under the full control of the Government and 
are responsible to it. Some members of the security forces committed 
human rights abuses.
    Mauritania, with an estimated population of 2.5 million, has a 
generally market-oriented economy based on fishing, mining, subsistence 
farming, herding, and a small commercial sector. Fish and iron ore are 
the country's main export-earners. Drought, desertification, and insect 
infestation have contributed to rapid urbanization, extensive 
unemployment, pervasive poverty, and a burdensome foreign debt. 
Continued drought in 1997-98 fueled urbanization, further straining 
government finances. The concentration of much of the country's wealth 
in the hands of a small elite, including the President's tribe and 
related Moor tribes, as well as a lack of transparency and 
accountability in certain areas of governance, also impedes economic 
growth. Annual per capita national income is estimated at $440. 
Mauritania receives foreign assistance from bilateral and multilateral 
sources.
    The Government's human rights record remained generally poor; there 
was some improvement in a few areas, but problems remain in others. 
Democratic institutions remain rudimentary, and the Government 
circumscribes citizens' ability to change their government. Police used 
excessive force, beat or otherwise abused detainees, and used arbitrary 
arrest and detention, incommunicado prearraignment detention, and 
illegal searches; however, reports of police abuses decreased during 
the year. The Government failed to bring to justice most officials who 
committed abuses, although some were sanctioned during the year. Prison 
conditions remained harsh and unhealthy, although there were some 
improvements. Pretrial detention is often very lengthy. Although the 
Government instituted judicial programs and training, the executive 
continued to exercise significant pressure on the judiciary, and in 
practice the right to a fair trial was restricted. At times the 
Government restricted freedom of speech. While the Government tolerates 
a critical independent press, it continued to censor individual 
editions and banned one paper for a period of 3 months without official 
explanation other than to cite the Constitution, which prohibits 
material that undermines national sovereignty, territorial integrity, 
or national unity. The Government restricted freedom of assembly in one 
instance and at times restricted freedom of association. The leader and 
other officials of a major opposition party arrested at the end of 1998 
were tried and acquitted of all charges in March in what was considered 
a fair trial. The Government limits freedom of religion. The Government 
continued to refuse to recognize officially some nongovernmental 
organizations (NGO's). A ministry-level High Commission for Human 
Rights, Poverty Alleviation, and Integration created in 1998 
facilitated the work of international NGO's. Societal discrimination 
against women continued, and female genital mutilation remained a 
serious problem despite government efforts to halt the practice. Ethnic 
tensions continued to ease, but the largely southern-based ethnic 
groups, including the Halpulaar (also called Fulani orPeuhl), Soninke, 
and Wolof ethnic groups, remained underrepresented in political life 
and some of their members feel excluded from effective political 
representation. Child labor in the informal sector is common.
    The Government continued efforts to resolve a serious abuse from 
the 1989-91 period, in which approximately 70,000 members of southern 
ethnic groups were expelled or fled to neighboring countries, by 
encouraging returns and facilitating the work of local and 
international organizations to continue the integration projects 
initiated by United Nations High Commissioner for Refugees (UNHCR). The 
UNHCR has determined that the majority of the refugees had returned 
home and that there were no longer impediments to the rest returning. 
It therefore terminated its program at the end of 1998. Informed 
observers advise that following the large-scale returns of previous 
years of up to 65,000 persons, refugees continued to return in small 
numbers during the year. Under the land reform program intended to 
provide land to the landless and to increase land under cultivation, 
some of the returnees as well as other members of the southern ethnic 
groups who had never left Mauritania failed to regain access to all of 
the land they previously had held. Some returnees also failed to regain 
the houses they had occupied before their expulsion, and there were 
varying reports about their success in obtaining other homes. There 
were claims that the Government favored the dominant White Moor ethnic 
group in its redistribution, reportedly leaving some Southerners 
landless.
    The Government failed to address fully another major abuse from the 
1989-91 period, when 503 members of the military, almost entirely from 
the Halpulaar and Soninke ethnic groups of the south, were killed, 
tortured, and maimed. The Government in earlier years gave pensions to 
the documented widows of those killed, but not to undocumented 
individuals claiming to be additional wives. In 1996 the Government 
extended pension benefits to some of those who survived the purge. 
There were no indications of further action on alleged wives who lack 
documentation. A 1993 amnesty law precludes legal pursuit of those 
responsible for the killings, and the Government does not acknowledge 
responsibility or wrongdoing nor has it provided honorable discharge 
papers to survivors or other compensation to families of those killed. 
The issue resurfaced with the July 3 arrest in France, under the 
International Convention against Torture of a Mauritanian captain 
undergoing training at the French Army College who was accused by two 
political refugees of having tortured them. The arrest sparked a lively 
debate among opinion leaders from all ethnic groups, covered 
extensively in the press, on how to further national reconciliation.
    A system of officially sanctioned slavery in which government and 
society join to force individuals to serve masters does not exist; 
however, there continued to be unconfirmed reports that slavery in the 
form of forced and involuntary servitude persists in some isolated 
areas. Unofficial, voluntary servitude persists with many former slaves 
continuing to work for former masters for food, shelter, and clothing, 
although they were under no legal compulsion to do so. Many persons 
including some persons from all ethnic groups still use the caste 
designation of slave.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings.
    There was one known extrajudicial killing by the security forces. 
Toward the end of the year, police in an antidrug brigade arrested a 
young man and beat him severely. The judge before whom he was brought 
to be charged released him to his family, but he died a few days later. 
In November the two police officers responsible were brought before a 
disciplinary body and fired, but were not prosecuted.
    Extrajudicial killings from past years remained unresolved, 
principally the 1990-91 deaths while in military custody of 503 
military personnel and civilians detained in the investigation of an 
alleged coup attempt. The individuals were largely Halpulaar but 
included a few Soninke. In 1993 the Government began to provide pension 
benefits to some of the widows and families of those killed, and in 
1996 the Government recognized the prior government service of some of 
the civilian survivors and began to pay them pensions. The military has 
not released the results of its 1991 internal investigation, and in1993 
Parliament passed an amnesty bill to preclude legal pursuit of those 
responsible. The Government has not acknowledged responsibility or 
wrongdoing nor has it provided honorable discharge papers to survivors 
to facilitate alternative employment and their reintegration into 
society. The Government has considered applications from civil servants 
who had lost their jobs during the events of 1989-91 and has employed a 
small number.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture and other forms of cruel or 
inhuman punishment; however, the police reportedly continue on occasion 
to beat criminal suspects while in custody. Police have used undue 
force in controlling public crowds and breaking up peaceful 
demonstrations (see Section 2.b.). There was one case in March in which 
a man who reportedly tried to rob someone was beaten severely by his 
intended victim who then brought him to the police station where he 
died 3 days later, having received no medical treatment. No official 
action was taken against the police.
    In November an airport policeman shot a taxi driver during the 
course of an argument over payment of a fee. The taxi driver was 
hospitalized and the policeman was arrested and charged, and is now in 
prison. In a separate case in July, two policemen in Nouakchott who had 
assaulted a man who had been harassing a neighbor were removed from the 
force.
    During the year, the Director of Security traveled to each region 
of the country to meet with police forces to inform their members that 
the Government would not tolerate the use of torture or undue force and 
that violators would be prosecuted. The Government has continued its 
in-service training of police and other security personnel, which has 
shown some positive results. Reports of the use of excessive force, 
requests for payoffs, or other abusive behavior decreased during the 
year, and some violators were sanctioned.
    On July 3, two Halpulaar political refugees in France charged 
Mauritanian Captain Ely Ould Dah, a Black Moor, in France as part of a 
military cooperation program, with having tortured them during the 
1990-91 events. A French judge in Montpellier had Ould Dah arrested 
under the International Convention against Torture. The arrest sparked 
a lively debate among opinion leaders from all ethnic groups, which was 
covered extensively in the press, on how to further national 
reconciliation (see Section 4).
    Prison conditions remained harsh and do not meet minimum 
international standards, although improvements continued during the 
year. Sanitation facilities remained inadequate and reportedly have 
contributed to diseases such as tuberculosis, diarrhea, and 
dermatological ailments. Medical supplies, mainly provided by an 
international NGO, remained insufficient. Some prisoners received 
special treatment based on family and position. Prisoners with high-
level connections and families to bring them food, medicines, and 
reading material fared better than the less privileged or Africans from 
other countries. New guard force management continued to enforce 
instructions against beatings and torture. However, there were reports 
of beatings of detainees at the Commissariat outside of the prison. The 
current overall prison population is approximately 1,352, of whom 658 
are in Nouakchott, including, 34 women and 31 minors held in separate 
facilities. Conditions at the women's and children's centers continued 
to be better than in the men's prisons. Female prisoners were moved to 
a considerably upgraded new facility in May that contained a communal 
garden. An NGO working in the prison provided a program of education 
and micro-enterprise projects. An international NGO is in the process 
of establishing facilities for educational and sports activities at the 
children's center. The Government is cooperating with an NGO to seek 
funding to provide training for female guards to replace the male 
guards currently at the women's prison. A new wing was added to the 
men's prison in Nouakchott in 1998, increasing its overall intended 
capacity to 300. It currently is housing double that number. Plans are 
underway to build a new prison in Nouakchott, and reported plans to 
build a new prison in Akjoujt have been dropped. The current prison 
continues to be used for those awaiting trial; the new facility is to 
house those already convicted. A doctor and nurse assigned to the men's 
prison also provide medical care forthe women's and children's prison, 
but the infirmary remains understaffed.
    The new prison administration instituted in August 1997 has 
improved markedly the conditions of prison food, health, hygiene, and 
family contacts. In May detainees at the men's prison engaged in a 
hunger strike to demand further improvements, including speedier 
trials. Prison officials met with the protesters and on June 7 
established a commission to review the prison situation and seek ways 
to improve conditions. Based on the commission's recommendations, 
prison administrators have included in next year's budget request an 
increase of 2\1/2\ times the current expenditures per prisoner in order 
to provide for improved food and nutrition, medical services and 
supplies, and new bedding and cleaning supplies.
    The Government permits prison visits by diplomats and human rights 
monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
stipulates that authorities cannot arrest, detain, prosecute, or punish 
anyone except as provided for under the law; however, at times police 
arbitrarily arrested and detained citizens. The actual application of 
the constitutional safeguards continued to vary widely from case to 
case.
    The law requires that courts review the legality of a person's 
detention within 48 hours of arrest. The police may extend the period 
for another 48 hours, and a prosecutor or court may detain persons for 
up to 30 days in national security cases. Only after the prosecutor 
submits charges does a suspect have the right to contact an attorney.
    Human rights activists report that police showed greater respect 
for legally mandated procedures and that prison administration improved 
considerably. However, pretrial detention after arraignment is often 
prolonged. An estimated 30 to 50 percent of those in prison have not 
yet been tried, or were awaiting sentencing following their trials. The 
Government and an NGO sponsored a 10-day seminar for 50 police officers 
in May to inform them of the rights of children and the legal treatment 
of detained suspects.
    Some indicted detainees are released before trial without 
explanation; familial, tribal, or political connections may explain 
some of these cases. There is a provision for granting bail, but it is 
used rarely.
    Ahmed Ould Daddah, leader of the opposition party Union of 
Democratic Forces-New Era (UFD-A), and two other party members, who had 
been arrested in mid-December 1998 for having repeated charges that the 
Government had agreed to bury Israeli nuclear waste on Mauritanian 
soil, were released in January after 5 weeks detention. They were tried 
and acquitted in March. The defendants were represented well by 
counsel, and the trial generally was considered to have been conducted 
fairly in accordance with legal procedures.
    There continued to be occasional reports of arbitrary arrests and 
intimidation committed by security forces, particularly of returned 
refugees in communities in the south along the Senegal River. Police 
detained protesters in January (see Section 2.b.). There were conflicts 
between the Government and communities along the river over the 
redistribution of land under the land reform program, particularly 
among communities with returned refugees. The land reform program was 
designed to provide land to the rural landless and to increase land 
under cultivation, particularly land made irrigable from the Senegal 
River Valley Authority (OMVS) project created and managed by 
Mauritania, Senegal, and Mali. The reform has met with resistance from 
those who had part of their traditional landholdings that had lain 
fallow confiscated. Some persons, including returned refugees, were 
arrested when they attempted to reclaim all of their traditional land. 
In the village of Medina-Fenai, villagers were arrested and held in 
prison for 4 days before release in July. In some cases the fallow land 
was granted to wealthy Moors who developed commercial agricultural 
enterprises. A net redistribution of land from southerners to both 
Black Moors and White Moors displaced from the northern and central 
regions by desertification since the 1970's may have occurred; however, 
this program is designed specifically to avoid leaving any rural family 
landless and provides land to landless persons from all ethnic groups 
(see Section 1.f.).
    There were no reports of forced exile. The Government continued to 
welcome the return of any citizens who had been expelled or who had 
fled during 1989-91.
    e. Denial of Fair Public Trial.--Although the Constitution provides 
for the independence of the judiciary, in practice the executive branch 
exercises significant pressure on the judiciary through its ability to 
appoint and influence judges. In addition poorly educated and poorly 
trained judges who are susceptible to social, financial, tribal, and 
personal pressures limit the judicial system's fairness. However, the 
Government is carrying out a program to improve judicial performance 
and independence. An education program is ongoing to upgrade judicial 
personnel and to train them, among other subjects, in the application 
of the revised commercial laws.
    There is a single system of courts with a modernized legal system 
that conforms with the principles of Shari'a (Islamic law). The 
judicial system includes lower-, middle-, and upper-level courts, each 
with specific jurisdictions. Departmental, regional, and labor 
tribunals are the principal instances at the lower level. The 53 
departmental tribunals, composed of a president and magistrates with 
traditional Islamic legal training, hear civil cases involving sums 
less than $49 (10,000 UM) and family issues, for example, domestic, 
divorce, and inheritance cases. Thirteen regional tribunals accept 
appeals in commercial and civil matters from the departmental tribunals 
and hear misdemeanors. Three labor tribunals, composed of a president 
and two assessors (one who represents labor and one who represents 
employers), serve as final arbiters for labor disputes. At the middle 
level, three courts of appeal, each with two chambers (a civil and 
commercial chamber, and a mixed chamber) hear appeals from the regional 
courts and have original jurisdiction for felonies. Nominally 
independent, the Supreme Court is headed by a magistrate appointed to a 
5-year term by the President. The Supreme Court reviews decisions and 
rulings made by the courts of appeal to determine their compliance with 
the law and procedure. Constitutional review is within the purview of a 
six-member Constitutional Council, composed of three members named by 
the President, two by the National Assembly President, and one by the 
Senate President. Annual review of judicial decisions is undertaken by 
the Supreme Council of Magistrates, over which the President presides; 
the president and senior vice president of the Supreme Court, the 
Minister of Justice, three magistrates, and representatives from the 
Senate and National Assembly are members of this Council. The annual 
review is intended to determine whether courts applied the law 
correctly and followed proper procedures. The most recent review was 
used as a basis for evaluating the reform process, providing for 
retraining of judges, and making reassignments based on their 
qualifications.
    The Constitution provides for due process and the presumption of 
innocence until proven guilty by an established tribunal. All 
defendants, regardless of the court or their ability to pay, have the 
legal right to representation by counsel during the proceedings, which 
are open to the public. If defendants lack the ability to pay for 
counsel, the court appoints an attorney from a list prepared by the 
National Order of Lawyers, who provides defense free of charge. The law 
provides that defendants may confront witnesses, present evidence, and 
appeal their sentences, and these rights generally are observed in 
practice.
    Because Shari'a provides the legal principles upon which the law 
and legal procedure are based, courts do not in all cases treat women 
as equals of men. For example, the testimony of two women is necessary 
to equal that of one man. In addition, in awarding an indemnity to the 
family of a woman who has been killed, the courts grant only half the 
amount that they would award for a man's death. There are no female 
magistrates. However, for commercial and other modern issues not 
specifically addressed by Shari'a, the law and courts treat women and 
men equally.
    With international assistance, the Government continued a program 
to improve judicial performance and independence, which consists of 
organizing all laws and statutes into a single reference text and 
training officials throughout the justice system. Legislation passed on 
July 24 created separate tribunals for specific types of disputes with 
a magistrate for each chamber in order to streamline pretrial 
procedures and improve judicial accountability. A commission consisting 
of a chairman and 11 members of the concerned departments was 
established on June 7 by the Minister of Justice to review the prison 
situation and to seek ways to improve it (See Section 1.c.). Based on 
legislation passed in June, investment,administration, commerce, civil, 
and arbitrage banking codes are being revised. Government prosecution 
of security officials during the year mitigated somewhat the persistent 
popular dissatisfaction with the judicial system and the belief that 
security officials can commit abuses with impunity.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law requires judicial warrants in order to execute 
home searches, but the authorities reportedly often ignore this 
requirement.
    Government surveillance of dissidents and the political opposition 
is believed to continue, although the extent to which the Government 
used informants is unknown. An attempt by government prosecutors to 
enter taped telephone conversations as evidence in the March trial of 
Ahmed Ould Daddah was ruled inadmissible by the judge because they had 
been obtained illegally.
    There were a number of unconfirmed reports that the Government 
confiscated the farmland of members of southern ethnic groups in or 
near the Senegal River valley and redistributed it to members of the 
dominant White Moor ethnic group, leaving southern farmers landless, 
forcing a number of them into the cities, and impelling some to flee 
the country. The Government began implementation of the 1983 land 
reform law in 1990. The reform aimed at providing land for landless 
persons, including victims of desertification in the northern and 
central regions (both White Moors and Black Moors) and also, in recent 
years, for returning southerners who had been expelled in 1989-91. The 
reform also aimed to increase the amount of land under cultivation by 
leasing uncultivated land to those with the means to cultivate it. The 
unconfirmed reports of confiscations may reflect abuses in the 
program's implementation; the proper implementation of the land reform 
does not leave families landless, and the program is not explicitly 
discriminatory. However, there may have been a net redistribution of 
land from southerners to Moors under that program, since the south has 
been less affected by desertification than the more northerly regions 
historically inhabited by the Moors. There were also some reports that 
some southerners who had been expelled or fled from the country during 
1989-91 were unable either to regain possession of the land they had 
farmed before 1989 or to gain possession of other land from the 
Government (see Section 1.d.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, but the Government continues to 
restrict these rights through prepublication press censorship by the 
Interior Ministry. NGO's and the privately owned press openly 
criticized the Government and its leaders. Antigovernment tracts, 
newsletters, and petitions circulated widely in Nouakchott and other 
towns.
    The Press Law requires publishers to submit copies of newspapers to 
the Ministries of Interior and Justice before distributing them. The 
Ministry of the Interior reviews all newspaper copy prior to 
publication and usually authorizes sales and distribution within 2 to 3 
days. However, the Press Law provides that the Minister of the Interior 
can stop publication of material that discredits Islam or threatens 
national security. The authorities seized eight individual issues of 
different journals and suspended one (Le Calame) for 3 months from 
April 6 to July 5. In April the Government suspended the accreditation 
and censured the journal of a correspondent for the British 
Broadcasting Corporation and El Hayat. The Government provided no 
specific reasons for the seizures or the censure other than to cite 
Article 11 of the Constitution, which prohibits materials that 
undermine national sovereignty, territorial integrity, or national 
unity.
    On August 11, police detained Sidi Mohamed, the editor of a local 
newspaper, and held him in the civil prison in Nouakchott for several 
hours for questioning regarding an anonymous article published the 
previous day that was critical of recent decisions by the Supreme 
Council of Magistrates. This was the first detention of a journalist in 
the country.
    All newspapers must register with the Ministry of the Interior. 
There are over 400 journals and newspapers registered with the Ministry 
of the Interior, a third of which do not publishregularly, some never 
having issued an edition. However, there are only around 20 privately 
owned newspapers that publish on a regular basis, including 7 new 
French language newspapers and 4 new Arabic publications. These 
journals are weeklies and reach limited audiences. There is also one 
French language magazine that registered during the year but has yet to 
appear. The Government issues press cards to journalists and requires 
that they show this identification for participation in official press 
events. Private journals reported openly and critically on both the 
opposition and the Government and published party declarations and 
tracts without government censure or restraint during the municipal 
elections. Publications are exempt from all taxes on materials used to 
produce newspapers, journals, or books for the private press. On August 
9, President Taya met with representative journalists from three major 
press associations to discuss press issues.
    All broadcast media (radio and television) and two daily 
newspapers, Horizons and Chaab, are government-owned and operated. 
Radio is the most important medium in reaching the public, and the 
official media strongly support government policies. During the January 
municipal elections campaign, the Government provided all candidates 
with equal access to its two newspapers and to the electronic media, 
allowing citizens to hear and read criticism of the Government in these 
media in addition to in the private press. Opposition parties' access 
to government radio broadcast facilities at other times is limited. 
Citizens can receive foreign television broadcasts including from 
France and from Arab countries. The Government continued to deny 
private applications to establish domestic radio stations. However, the 
Government allowed domestic FM rebroadcasting of Radio France 
International programming, including news about the country that often 
covers opposition parties.
    There are five domestic Internet servers, which operate without 
governmental restrictions. Connections were upgraded and service was 
expanded to Nouadhibou, the major commercial center, and to five 
regional capitals.
    Academic freedom generally is respected, and there were no cases 
when the Government prevented research or publication or censored 
lectures. The one university is government funded and operated.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally respects 
this right; however, there was one occasion when it restricted public 
gatherings. In November it refused a permit to the opposition FPO, 
which sought to protest upgrading relations with Israel. The law 
requires that all recognized political parties and NGO's apply to the 
local prefect for permission for large meetings or assemblies. 
Permission generally is granted freely, and there were no reports 
during the year that the Government restricted such gatherings.
    Peaceful although unauthorized demonstrations in Nouakchott on 
January 11 to protest the arrest of opposition leaders Ahmed Ould 
Daddah, Mohamedden Ould Ichidou, and Mohameden Ould Babah led to the 
detention for 2 hours of several participating lawyers, university 
professors, students, journalists, artists, and human rights activists 
on the grounds that they were inciting intolerance and violence and 
disturbing order, peace, and public safety. Although the demonstration 
was authorized, the participants ultimately proceeded to a different 
location that was not authorized.
    The Constitution provides for freedom of association; however, the 
Government circumscribes the efforts of some groups by denying them 
official recognition. All political parties must register with the 
Ministry of the Interior. The number of political parties, labor 
unions, and NGO's continued to increase. Some 22 political parties and 
a wide array of NGO's, many of them highly critical of the Government, 
functioned openly, issued public statements, and chose their own 
leadership. The Government has not yet granted some NGO's official 
standing but did not prevent them from functioning. Among these are the 
Mauritanian Association for Human Rights (AMDH) and SOS-Esclaves (an 
antislavery NGO), which the Government claims are potentially divisive 
in that they appeal to specific ethnic groups, namely the southern and 
Black Moor communities respectively.
    Following diplomatic confrontation with Iraq, resulting from 
Mauritania's opening full diplomatic relations with Israel, the 
Government accused Iraq of undertaking subversive action againstit, 
fomenting violent antigovernment demonstrations, and financing the 
Taliaa (Vanguard) political party. The Government disbanded the Taliaa 
party, whose officials had been meeting with Iraqi Ba'ath party 
representatives, citing constitutional prohibitions against 
``cooperation with a foreign party; accepting foreign funds for 
political propaganda and carrying out illegal acts.''
    The Government recognizes three trade union confederations, in 
addition to independent federations and a number of nonaffiliated 
unions (see Section 6.a.).
    Since September 1998, the Government has recognized 75 new NGO's 
and associations, bringing the total of such organizations to over 600.
    c. Freedom of Religion.--The Constitution established Mauritania as 
an Islamic republic and decrees that Islam is the religion of its 
citizens and the State, and the Government accordingly limits freedom 
of religion.
    All but a small number of citizens are Sunni Muslims and are 
prohibited by their religion from converting to another religion. 
Shari'a law, proclaimed under a previous government in 1983, includes 
the Koranic prohibition against apostasy, but it has never been 
enforced. The small number of known apostates from Islam suffered no 
social ostracism, and there were no reports of societal or governmental 
attempts to punish apostates.
    Although the Government provides a small stipend to the imam of the 
Central Mosque in the capital city of Nouakchott, mosques and Koranic 
schools normally are supported by their members and other donors.
    In addition to privately-run Koranic schools that nearly all 
children attend, the public schools include classes on religion. These 
classes teach both the history and principles of Islam and the 
classical Arabic of the Koran. Although attendance of these religion 
classes is nominally required, many students, the great majority of 
whom are Muslims, decline to attend these classes for diverse ethno-
linguistic and religious reasons. They are nevertheless able to advance 
in school and ultimately to graduate with diplomas, provided that they 
compensate for their failure to attend the required religion classes by 
their performance in other classes.
    Although there is no legal codification of a prohibition against 
proselytizing by non-Muslims, in practice the Government prohibits 
proselytizing by non-Muslims under Article 11 of the Press Act, which 
bans the publication of any material that is against Islam or 
contradicts or otherwise threatens Islam. The Government views any 
attempts by Christians to convert Muslims as undermining Mauritanian 
society. There are no known non-Muslim groups engaged in proselytizing; 
foreign Christian NGO's limit their activities to humanitarian and 
development assistance.
    Christian churches have been established in Nouakchott, Atar, 
Zouerate, Nouadhibou, and Rosso. The expatriate community of Christians 
and the few citizens who are considered Christians from birth practice 
their religion openly and freely in these churches. The possession of 
Bibles and other Christian religious materials in private homes is not 
illegal.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement and residence within all parts of the territory, and provides 
for the freedom to enter and leave. Historically there were few 
restrictions on travel in Mauritania's nomadic society. With 
urbanization and automobile travel, the Government set up regular road 
checkpoints where the Gendarmerie checks the papers of travelers, and 
reportedly often solicit bribes. The Government imposed no nighttime 
curfews. Early in the year, in response to civil society complaints, 
the Government reduced the number of official Gendarmerie checkpoints.
    Of the approximately 70,000 members of largely southern-based 
ethnic groups who were expelled by Mauritania or fled to Senegal and 
Mali during the 1989-91 crisis, and of those born abroad since then, 
the UNHCR documented 33,248 returnees to four provinces along the 
Senegal River. Both the UNHCR and the Government agree that many others 
have returned on their own to the larger towns and cities. Many more 
returnees among nomads,who are difficult to document, and urban 
dwellers are not included in UNHCR's figures. Informed observers 
estimate that the actual number of returnees ranges between 40,000 and 
65,000. Many entire villages as well as almost all Peulh (nomadic 
herders of the Halpulaar ethnic group) have returned. The Government 
has stated since 1993 that any Mauritanian outside the country may 
return. However, the Government, the countries of asylum, and the UNHCR 
have signed no tripartite repatriation agreement. Under the UNHCR-
funded, 2-year ``Special Plan for Rapid Integration'' (PSIR), which 
began to assist returnees in mid-1996, the Mauritania Red Crescent, the 
UNHCR, and NGO's have undertaken 223 small agriculture, water, health, 
education, and construction projects in 130 villages to assist 
returnees. Considering its mission completed, the UNHCR terminated its 
Rapid Integration program for refugees at the end of December. The 
UNHCR estimates that there are 15,000 to 20,000 Mauritanian refugees 
remaining in Senegal. They still formally are under UNHCR protection 
but no longer are provided assistance since the UNHCR sees no 
impediment to their return to Mauritania. The UNHCR terminated its 
program at the end of 1998.
    Cooperation by local authorities in addressing restitution and 
citizenship matters varies greatly, depending on individual officials 
and the returnee's region (see Sections 1.d. and 1.f.). Repatriation 
efforts have achieved greater results in the Trarza and Brakna regions 
than in Gorgol and Guidimaka to the east. However, observers noted that 
the situation in Gorgol has improved considerably. Many returnees 
received their original homes, some property, and all or a portion of 
their land. Timely restoration of identity papers has varied, and some 
of those repatriated who returned in 1995 have not yet received 
identification cards. In some regions, persons lacking identity cards 
could not travel freely.
    The law provides for the grant of refugee status in accordance with 
the 1951 U.N. Convention Relating to the Status of Refugees and its 
1967 Protocol. The Government grants such status in accordance with 
these provisions and on the basis of UNHCR recommendations. There is, 
however, no legislation providing for this practice. The Government, 
which has cooperated with the UNHCR and other humanitarian 
organizations in assisting refugees since 1989 signed a headquarters 
agreement with the UNHCR in May. In recent years, the Government has 
provided first asylum to refugees from neighboring countries. The 
Government also has accepted the UNHCR's registration of some 200 
asylum seekers, mostly from Sierra Leone and Liberia. There were no 
reports of refugees being forced to return to a country where they 
feared persecution.
    Mauritania is host to over 50,000 nationals of other West African 
countries who seek refuge and employment, primarily in Nouakchott and 
Nouadhibou. An estimated 60 percent of Mauritania's small craft 
fishermen are Senegalese. There is a population of approximately 300 
Sierra Leoneans living in Nouakchott. Some arrived more than 10 years 
ago and are fully employed. Approximately 225 of these have been 
granted refugee status and receive UNHCR assistance. The Sierra 
Leoneans held protest demonstrations at the U.N. compound on several 
occasions throughout the year demanding increased assistance and 
refugee status for all of them.
    About 2,000 Malian former refugees who could repatriate have 
remained in the country and largely have integrated with the local 
population. Nearly all these Malian refugees are Moors. The UNHCR no 
longer considers them refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government, but the Government circumscribes it in practice. The 1992 
multiparty election of a civilian president ended 14 years of military 
rule, but both the opposition and international observers concluded 
that the elections were fraudulent. Although civilians fill all 
ministerial-level positions, some members of the Military Council that 
ruled from 1984 to 1992, in addition to President Taya, remained in 
positions of power within the executive branch, the National Assembly, 
the armed forces, and government-owned enterprises. The armed forces 
continued to provide potentially critical support to the regime. The 
Government denied elements of the opposition the opportunity to receive 
full access to government media and to compete on an equal footing.
    The country's first multiparty legislative elections were held in 
1996. Only 1 opposition and 6 independent candidates were elected to 
the 79-member National Assembly; candidates of the ruling PRDS party 
won the remaining 72 seats. The outcome of theelections was marred by 
fraud on all sides and pervasive government intervention to support 
candidates from the ruling PRDS party. After the Government announced 
that presidential elections would take place on December 12, 1997, the 
anniversary of the 1984 coup, a coalition of five opposition parties 
announced on June 26, 1997, that it intended to boycott the election 
unless certain demands were met. These requirements included enhanced 
media access, an opposition role in election preparation, creation of 
an independent electoral commission, enlarging the commission charged 
with electoral list revision, and provision of official copies of the 
voting report from each polling station to representatives of each 
candidate. The Government granted the opposition full access to its 
media but did not meet the other demands, and four opposition parties 
declined to participate in the election. However, five individuals, 
including for the first time a Halpulaar, ran for president. All 
received equal treatment in the official electronic and print media as 
well as extensive coverage in the private press. President Taya won an 
overwhelming victory, although his opponents fared much better in the 
cities than in the rural areas. The official turnout of 75 percent and 
the winning percentage of 90 percent were inflated, since many 
individuals voted more than once. The Government distributed four voter 
registration cards to some persons, including government employees, 
instructing them to vote repeatedly for the incumbent. The opposition 
also distributed multiple voter registration cards to some persons, 
instructing them to vote repeatedly. The April 1998 Senate elections 
were boycotted by the opposition. Of the 18 seats up for election, the 
ruling PRDS gained all but 1, which was won by an independent 
candidate. Similarly, in the January-February municipal elections, some 
of the opposition boycotted the elections, which had a very low voter 
turnout and resulted in overwhelming majorities for the ruling party 
candidates. The Government determined that there were widespread abuses 
in several communities and held new elections in those communities. In 
the second round, fraud was limited but voter turnout remained very low 
and progovernment candidates virtually swept the races, aided by the 
continued boycott of some opposition parties.
    Elections are held by secret ballot. At polling places on election 
day, registered citizens receive a package of color-coded cards, 
containing one card for each candidate. Each citizen votes by 
depositing into a sealed ballot box, alone inside a closed booth, an 
envelope containing one of these cards. The unused cards are discarded 
on the floor. Although voters could in theory take the unused cards out 
of the polling place with them, the ready availability of many unused 
cards on the floor makes unused cards worthless as evidence of how a 
voter has voted and effectively eliminates the potential for abuse in 
such a multiple ballot system. A countrywide census, taken at the end 
of 1998, which was aimed at registering all citizens and standardizing 
the current complex system of names, also was aimed in part at 
providing the basis for free and fair elections. Tabulation of the 
results of the census, which are to form the basis of identity cards 
and voter registration, was not expected to be completed until 2000.
    The country is divided into 12 provinces that are divided further 
into prefectures. The Government appoints the Walis (governors) and 
Hakems (prefects). Municipal councils are elected by general ballot and 
they elect their mayors, usually the head of the majority party's list. 
Most government services are provided by the central government. The 
elected councils are responsible for some public services, such as 
sanitation, and have fiscal autonomy and taxing power. Their 
administrative staff is independent of the Government. The councils 
elect the national Senate.
    Women have the right to vote, and formed the majority of voters in 
the 1997 presidential election, but are underrepresented in government. 
Women occupy some senior government positions, including three cabinet 
posts, one secretary-general, two senior presidential advisors 
(including a Halpulaar), and four senior advisors to ministers. Women 
are well represented in the Secretariat of Women's Affairs, including a 
number of Halpulaar women. There are three female members of the 
National Assembly (including one Haratine and one Soninke from the 
Forgeron caste, a caste of lower status than the former slave caste), 
but there are no female senators.
    Haratines, Halpulaars, Soninkes, and Wolofs are underrepresented in 
senior government positions. Of the Government's 20 ministerial posts, 
4 incumbents are Haratine, 2 are Halpulaar, 1 is Soninke, and 1 is 
mixed White Moor/Soninke; the remaining 12 are of either White Moor or 
mixed White Moor/Haratine ethnicity (see Section 5). The full 28-member 
Cabinet, including secretaries of state, has 4 Haratines, 3 
Halpulaars,1 Soninke, and 1 mixed White Moor/Soninke. The 56-member 
Senate has 3 Haratines, 4 Halpulaars, 3 Soninkes, and the remaining 46 
are of either White Moor or mixed White Moor/Haratine heritage. The 79-
member National Assembly has 2 Haratines, 7 Halpulaars, 2 Soninkes, and 
1 Wolof.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There is an increasing number of human rights organizations. Some 
operate with official government registration, but others do not have 
this authorization. The oldest is the Mauritanian League for Human 
Rights, an independent, government-recognized body. A second 
organization, the Mauritanian Human Rights Association (AMDH), is still 
unrecognized (see Section 2.b.). While not affiliated with the 
opposition, it has many opposition members. The AMDH has been more 
critical of the Government than the League, particularly on the 
unresolved abuses of the 1989-91 period.
    Other organizations, including 14 unregistered associations, also 
address human rights issues. The pan-African organization, 
International Study and Research Group on Democracy and Economic and 
Social Development in Africa (Gerddes-Africa), established a branch in 
Mauritania in 1994. Two other groups, SOS-Esclaves and the National 
Committee for the Struggle Against the Vestiges of Slavery in 
Mauritania, focus their efforts on overcoming the country's vestiges of 
slavery (see Section 6.c.). SOS-Esclaves was particularly active in 
claiming that slavery remains pervasive and appealing to national and 
international audiences to contribute to its eradication. SOS-Esclaves 
leader Boubacar Ould Messoud traveled freely abroad in June and made 
such claims during a speaking tour. He returned to the country in July 
without incident. SOS-Esclaves also has intervened effectively in the 
past with government authorities to push resolution of some of the 
cases, in particular child custody and inheritance cases, brought to 
the organization by former slaves.
    Attention to the events of 1989-91 resurfaced following the arrest 
on July 3 of Captian Ely Ould Dah in France. Ould Dah, who had been 
undergoing training at the French Army College, was accused by two 
Mauritanians resident in France of torturing them in 1990. He was 
arrested under the International Convention Against Torture despite a 
general amnesty passed by the Parliament in 1993. The Government 
reacted strongly to what it considered an infringement on its 
sovereignty by a French court and refused entry to a French prosecutor 
who sought to gather information to support the charges. The arrest 
sparked public debate on ways to further national reconciliation (see 
Section 1.c.).
    The Committee of Solidarity with the Victims of Repression in 
Mauritania is concerned with the plight of the 1989 expellees. The 
Consultative Group for the Return of the Refugees was founded to 
promote the return of the remaining Mauritanian refugees in Senegal. 
The Collective of Worker Victims of the 1989 Events seeks redress for 
government employees who lost their jobs in the events of 1989. The 
Committee of the Widows and the Collective of Survivors focus on the 
sufferings of the victims of the 1990-91 military purge and their 
families. The Collective of Survivors of Political Detention and 
Torture was established in 1996 to seek redress for abuses committed 
during the 1986-87 period. These, and other groups of individuals with 
common concerns, function openly and actively, but their efforts are 
circumscribed somewhat because they are not recognized officially (see 
Section 2.b.). The Coalition of Human Rights NGO's is an umbrella 
organization for 12 of these organizations; it represents the group in 
various forums, including representations to foreign embassies. It 
includes all the organizations previously mentioned.
    The only international association concerned with human rights to 
visit the country during the year was the International Committee of 
the Red Cross.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides for equality before the law for all 
citizens, regardless of race, national origin, sex, or social status, 
and prohibits racial or ethnic propaganda. In practice the Government 
often favors individuals on the basis of ethnic and tribal affiliation, 
social status, and political ties. Societal discrimination against 
women, strongly rooted in traditional society, is endemic, although the 
situation is improving.
    Women.--Human rights monitors and female lawyers report that 
physical mistreatment of women by their husbands is rare. The police 
and judiciary occasionally intervene in domestic abuse cases but women 
in traditional society rarely seek legal redress, relying instead upon 
family and ethnic group members to resolve domestic disputes. The 
incidence of reported rape is low. It occurs, but newspaper accounts of 
attacks are rare.
    Women have legal rights to property and child custody, and, among 
the more modern and urbanized population, these rights are recognized. 
By local tradition, a woman's first marriage, but not subsequent 
marriages, requires parental consent. In accordance with Shari'a, 
marriage and divorce do not require the woman's consent, polygyny is 
allowed, and a woman does not have the right to refuse her husband's 
wish to marry additional wives. In practice polygyny is very rare among 
Moors but common among other ethnic groups. Arranged marriages are also 
increasingly rare, particularly among the Moor population. Women 
frequently initiate the termination of a marriage, which most often is 
done by husband or wife by repudiation rather than divorce. It is also 
common in Moor society for a woman to obtain, at the time of marriage, 
a contractual agreement that stipulates that her husband must agree to 
end their marriage if he chooses an additional wife. The rate of 
divorce among Moors is estimated to be 37 percent and the remarriage 
rate after divorce is 72.5 percent.
    Women still face some legal discrimination. For example the 
testimony of two women is necessary to equal that of one man and the 
value placed on women's lives in court-awarded indemnities is only half 
the amount awarded for a man's death (see Section 1.e.). However, women 
do not face legal discrimination in areas not specifically addressed by 
Shari'a. The Secretariat for Women's Affairs works with many NGO's and 
cooperatives to improve the status of women. A booklet published late 
in 1996 advises women of their rights. On October 6, the Council of 
Ministers ratified the U.N. Convention on the Elimination of All Forms 
of Discrimination Against Women (CEDAW). The Government entered 
reservations over requirements of CEDAW that contradict the Shari'a, 
such as in inheritance cases in which women receive half the portion of 
a man.
    There are no legal restrictions on the education of girls and 
women. Girls constituted 48.8 percent of all children enrolled in 
school in 1998. Some 84 percent of school-age girls attended elementary 
school in 1998-99, up from 44.8 percent in 1990 (compared with 88 
percent for boys, up from 58.3 percent). At the secondary level, female 
students constituted 37.4 percent of those enrolled. Despite the 
increases, enrollment in eastern Mauritania, the Brakna, and along the 
Senegal River remained at a lower level. The Government introduced a 
special countrywide program in 1995-96 to boost female enrollment at 
the elementary level. Women made up 17 percent of the university's 
1998-99 enrollment, compared with 9 percent in 1990. Women also 
constituted 30.5 percent of students enrolled in technical schools, 
compared with 2 percent in 1990. The literacy rate for women is 36 
percent compared with 50 percent for men.
    The Government seeks to open new employment opportunities for women 
in areas that traditionally were filled by men, such as health care, 
communications, police, and customs services. Women became more 
involved in the fishing industry and established several women's 
fishing cooperatives. For the first time, women were hired by the army 
to serve as police inspectors and customs officials.
    The law provides that men and women receive equal pay for equal 
work. While not universally applied in practice, the two largest 
employers, the civil service and the state mining company, respect this 
law. In the modern wage sector, women also receive generous family 
benefits, including 3 months of maternity leave.
    Children.--The Government does not require attendance at school, 
primarily because it lacks the financial resources to provide 
educational facilities and teachers throughout the country, especially 
in remote areas. However, the Government has made universal primary 
education a priority and has targeted the year 2000 to achieve that 
goal. The Government has doubled the percentage of its budget devoted 
to education in the past 10 years and has increased the rate of primary 
school attendance from 45 percent in 1986 to 86 percent in 1999. In 
addition almost all children, regardless of sex or ethnic group, attend 
Koranic school from the ages of 5 to 7 and gain at least rudimentary 
skills inreading and writing Arabic in addition to memorizing Koranic 
verses.
    The law makes special provision for the protection of children's 
welfare, and the Government has programs to care for abandoned 
children. However, these programs are hampered by inadequate funding. 
Local NGO's estimate that there are over 150 street children. The 
Government relies on foreign donors in such areas as child 
immunization. Moreover, it does not enforce existing child labor laws, 
and children perform a significant amount of labor in support of family 
activities (see Section 6.d.). Following public criticism and 
government action against families that send their young sons to work 
abroad as camel jockeys, there were no reports of this practice during 
the year.
    Traditional forms of mistreatment of females continue, mostly in 
isolated rural communities, but these practices appear to be on the 
decline. Such mistreatment consists of forced feeding of adolescent 
girls (gavage) and female genital mutilation (FGM), which is widely 
condemned by international health experts as damaging to both physical 
and psychological health. Experts previously estimated that between 60 
and 70 percent of women experienced gavage, but now conclude that less 
than 25 percent of Moor women have experienced gavage, which is 
practiced only among the Moors. The change in figures appears to 
reflect both prior overestimation and a decline in the practice in 
recent years. The Government continued intensive media and educational 
campaigns against FGM and gavage during the year.
    FGM is performed most often on young girls, often on the seventh 
day after birth and almost always before the age of 6 months, and it is 
practiced among all ethnic groups except the Wolof. A March 1996 report 
by the United Nations Population Fund and a study published in 1997 by 
Jeune Afrique Economie cited Mauritania as a country in which 25 
percent of the women undergo FGM. Among Halpulaar women, over 95 
percent undergo FGM. A broad, foreign-funded study still is underway to 
obtain more precise data. The Government projects the study's 
completion by the end of 2000. Preliminary results of the foreign-
funded study indicate that 66 percent of those who perform FGM 
recognize that the practice is detrimental to women's health, and 54 
percent of imams agree that the practice is dangerous. Local experts 
agree that the least severe form of excision is practiced, and not 
infibulation, the most severe form of FGM. The practice of FGM has 
decreased in the modern urban sector.
    It is the clear public policy of the Government, through the 
Secretariat of Women's Affairs, that FGM should be stopped, and the 
Government bars hospitals from performing it. Public health workers and 
NGO's educate women to the dangers of FGM and to the fact that FGM is 
not a requirement of Islam. For example a 1996 officially produced 
Guide to the Rights of Women in Mauritania (with religious endorsement) 
stresses that Islam does not require FGM and that if medical experts 
warn against it for medical reasons, it should not be done. The 
campaign against FGM appears to be changing attitudes towards the 
practice, according to several women's rights experts.
    A 10-day seminar in May conducted by NGO's and the Government for 
approximately 50 police, judges, and sociologists was aimed at 
sensitizing them to the rights of children and the special 
consideration necessary when detaining juvenile suspects.
    People with Disabilities.--The law does not provide specifically 
for the disabled, and the Government does not mandate preference in 
employment or education or public accessibility for disabled persons. 
However, it does provide some rehabilitation and other assistance for 
the disabled. Nongovernmental organizations have become increasingly 
active in raising public awareness of issues affecting the disabled.
    National/Racial/Ethnic Minorities.--Ethnic minorities and low-caste 
individuals among all ethnic groups confront societal discrimination. 
Ethnic and cultural tension and discrimination arise from the 
geographic and cultural line between traditionally nomadic Arabic-
speaking (Hassaniya) Moor herders and Peuhl herders of the Halpulaar 
group in the north and center, and sedentary cultivators of the 
Halpulaar (Toucouleur), Soninke, and Wolof ethnic groups in the south. 
Although culturally homogeneous, the Moors are divided among numerous 
ethno-linguistic clan groups and are racially distinguished as Beydane 
and Haratine, or White Moors and Black Moors, though it is often 
difficult to distinguish between the two groups by skin color. The 
majority of what are known asBlack Moors are Haratine, literally ``one 
who has been freed,'' although some Black Moor families never were 
enslaved. The Halpulaar (the largest non-Moor group), the Wolof, and 
the Soninke ethnic groups are concentrated in the south. ``White'' 
Moors, large numbers of whom are dark-skinned after centuries of 
intermarriage with members of Sub-Saharan African groups, dominate 
positions in government and business. The southern Halpulaar, Soninke, 
and Wolof ethnic groups are underrepresented in the military and 
security sectors.
    A number of accounts indicate that redistribution of southern 
farmland to Moors since the acceleration of desertification in the 
1970's has contributed to tensions between Moors and southern-based 
ethnic groups. Although much of the government's redistribution of land 
has been from southerners to southerners, some Moors have been 
resettled in the south. Ethnic tensions surfaced dramatically in the 
mass expulsions of southern-based ethnic groups--mostly Halpulaars--in 
1989-90 and the purge of Halpulaars from the military in 1991. Few 
regained their positions.
    The Constitution designates Arabic along with Pulaar, Soninke, and 
Wolof as Mauritania's national languages. However, successive 
governments--both civil and military--have pursued various policies of 
``Arabization'' in the schools and in the workplace. Non-Arabic-
speaking ethnic groups have protested this policy, as have Arabic-
speaking groups that want their children to obtain a bilingual Arabic-
French education. In April the National Assembly approved educational 
reforms to replace the separate track Arabic-French system of 
education, which had been in place for the past 20 years, with a 
unified system for all citizens in which both French and Arabic would 
be the language of instruction for all students. Under the separate 
track system, Moors generally attended Arabic language schools, while 
Halpulaars, Soninke, and Wolof attended French-language schools. The 
Government concluded that the separate track system had contributed to 
ethnic divisions. Reversion to the previous unified system, with all 
students attending the same schools, is expected to promote social 
cohesion. The reform also provides for English and civics to be 
introduced at an early stage. The promotion of other national 
languages, previously included at the elementary level, was moved to 
the university level.
    Ethnic divisions and tensions contribute significantly to political 
divisions and tensions. Some political parties tend to have readily 
identifiable ethnic bases, although political coalitions among them are 
increasingly important. An acceleration of desertification during the 
1970's that destroyed much of the traditional economic basis of Moorish 
society, and an upsurge of Arab nationalism among White Moors during 
the 1980's, contributed to explosive ethnic violence precipitated by a 
dispute with Senegal during 1989-91; this violence entailed the 
expulsion or flight of many non-Moors living in the south and 
occupation of much of their land by Moors, including Black Moors. 
Interethnic bitterness and hostility persists, and continues to be 
aggravated by climatic, land, and population pressures.
    A number of accounts suggest that some members of the long-dominant 
White Moor community, which traditionally enslaved a darker skinned 
groups, may continue to expect or desire servility on the part of 
members of the generally darker Black Moors and southern ethnic groups, 
and that such attitudes may impede efforts to build a nondiscriminatory 
society and to eliminate the vestiges and consequences of slavery, 
goals to which both the Government and major opposition parties are 
committed. There are indications that racism on the part of some White 
Moors may have contributed both to the persistence of vestiges and 
consequences of past White Moor enslavement of Black Moors, and to the 
expulsions and reported dispossession of members of darker southern 
ethnic groups with no tradition of servility to White Moors. However, 
southern-based ethnic groups and Black Moors have manifested little 
racial solidarity socially or politically, and racial differences did 
not contribute either to historical slavery or to the persistence of 
its vestiges and consequences among southern-based ethnic groups.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for freedom 
of association and the right of citizens to join any political or labor 
organization. All workers except members of the military and police are 
free to associate in and establish unions at the local and national 
levels.
    Prior to the 1993 amendment of the Labor Code, which repealed 
provisions restricting trade union pluralism, the government-controlled 
labor confederation, the Union of Mauritania Workers (UTM), was the 
only labor confederation allowed by law. Since 1993 seven new trade 
union organizations have been recognized, including two confederations 
and four federations. The oldest of the three confederations, the Union 
of Mauritanian Workers (UTM), still is viewed by many workers as 
closely allied with the Government and the ruling Parti Republicain 
Democratique et Sociale (PRDS). It has lost ground to The General 
Confederation of Mauritanian Workers (CGTM), which was recognized in 
1994 with 23 member unions, and the Free Confederation of Mauritanian 
Workers (CLTM), which was founded in 1995 and recognized in 1998. The 
CGTM is not affiliated with any party, although most of its members 
tend to favor the opposition. The CLTM is associated with the 
opposition party, Action for Change.
    The Government provides funds to the confederations in proportion 
to their memberships. All three confederations supplied representatives 
to the country's four labor tribunals, and were included in most 
government deliberative or consultative bodies. Several independent 
trade unions, in particular three for teachers at the elementary, 
secondary, and university levels, also were active. The three 
confederations continued to hold seminars under foreign embassy and 
other sponsorship to educate their members on responsible trade 
unionism and democratic labor relations, and then replicating them in 
more remote areas of the country. Discussions at the seminars were 
open, and sometimes were critical of the Government, which facilitated 
the seminars by providing logistical support and participating in 
opening and closing sessions.
    The bulk of the labor force is in the informal sector, with most 
workers engaged in subsistence agriculture and animal husbandry; only 
25 percent are employed in the wage sector. However, nearly 90 percent 
of industrial and commercial workers are organized. The law provides 
workers with the right to strike, and there were several strikes and 
partial work stoppages. Most strikes were settled quickly due to 
limited worker and union resources. In 1997 authorities arrested 
secondary school teachers who threatened to strike and later cut their 
salaries.
    The law provides for tripartite arbitration committees composed of 
union, business, and government representatives. Once all parties agree 
to arbitration, the committee may impose binding arbitration that 
automatically terminates any strike.
    International trade union activity increased. The Government 
included CGTM, UTM, and CLTM representatives in its delegation to the 
International Labor Organization (ILO) in June, and the ILO conducted 
an extensive series of training workshops in which the confederations 
participated as they did in 1997.
    Unions are free to affiliate internationally. The UTM participated 
in regional labor organizations. The CGTM and UTM are both members of 
the International Confederation of Free Trade Unions (CFTU). The UTM 
has been accepted into the Organization of African Trade Union Unity 
(OATUU), but the CGTM's application was not accepted, as the OATUU only 
accepts one member union from each country.
    In recognition of the steps the Government has taken to afford 
internationally recognized worker rights, the U.S. Government on 
September 1, restored to Mauritania preferential tariff benefits under 
the GSP, which had been suspended in 1993.
    b. The Right to Organize and Bargain Collectively.--The law 
provides that unions freely may organize workers without government or 
employer interference. General or sectoral agreements on wages, working 
conditions, and social and medical benefits are negotiated in 
tripartite discussion and formalized by government decree. Wages and 
other benefits also can be negotiated bilaterally between employer and 
union and the results of such negotiations are filed with the 
Directorate of Labor.
    Laws provide workers with protection against antiunion 
discrimination and employees or employers may bring labor disputes to 
three-person labor tribunals administered jointly by the Ministries of 
Justice and Labor with the participation of union and employer 
representatives.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Government 
prohibits forced and bonded labor, including by children, but does not 
enforce this prohibition effectively in specific cases (see Section 5).
    Mauritanians continue to suffer the effects and consequences of the 
practice of slavery over generations and of caste distinctions 
including the traditional existence of a slave caste in both Moor and 
Southern communities. Slavery was abolished officially three times in 
Mauritania, most recently by the post-independence government in 1980. 
Even before 1980, the practice of slavery among the traditionally 
pastoralist Moors had been greatly reduced by the accelerated 
desertification of the 1970's; many White Moors dismissed their former 
Black Moor slaves because the depletion of their herds left them unable 
either to employ or to feed slaves. However, widespread slavery was 
also traditional among ethnic groups of the largely nonpastoralist 
south, where it had no racial origins or overtones; masters and slaves 
alike were black. The South has suffered less from desertification, and 
some reports identify it as the region in which vestiges and 
consequences of slavery may persist most strongly.
    A system of officially sanctioned slavery in which government and 
society join to force individuals to serve masters does not exist. 
There has been no open trading in slaves for many years. However, there 
continue to be unconfirmed reports that slavery in the form of forced 
and involuntary servitude may persist in some isolated areas. 
Unofficial voluntary servitude persists, with some former slaves 
continuing to work for former masters in exchange for monetary or 
nonmonetary benefits such as lodging, food, or medical care. Many 
persons, including some from all ethnic groups, still use the 
designation of slave in referring to themselves or others. The reasons 
for the persistence of such practices appear to be economic, 
psychological, and religious, although they vary widely and may be 
quite different among pastoralist or formerly pastoralist Moors from 
what they are among the southerners and the less numerous 
nonpastoralist Moors. Poverty, persistent drought, and a weak economy 
provide few economic alternatives for many and leave some former slaves 
vulnerable to possible exploitation by former masters. There are 
reports that some former slaves in some sedentary communities have 
continued to work for their former masters or others in order to retain 
access to the land they traditionally farmed, although the law provides 
for distribution of land to former slaves and this law has been 
enforced in many cases. In addition to their usual compensation, some 
former slaves, who continue to work for former masters also receive 
gifts on important family occasions such as births, marriages, and 
deaths. Deeply embedded psychological and tribal bonds also make it 
difficult for many individuals who have generations of forebears who 
were slaves to break their bonds with former masters or their tribes. 
Finally, because of religious instruction in the past, some individuals 
continue to link themselves to former masters for fear of religious 
sanction if that bond is broken.
    Adults cannot be obliged by law to remain with former masters nor 
can they be returned if they leave. However, adult females with 
children may have greater difficulties and may be compelled by 
pressures other than physical force to remain in a condition of 
servitude. For example, in some cases, especially where the former 
master claims to be the father, former masters refuse to allow children 
to accompany their mothers. In other cases, the greater economic 
responsibility of supporting a family may be the principal impediment 
to a woman seeking a new life. Children's legal status is more tenuous 
than that of adults. There have been no reports of sales or 
``transfer'' of children or other individuals from one employer or 
master to another since 1996, when there were occasional confirmed 
cases of transfers; however, reports of sales are rare, cannot be 
confirmed, and are confined to past years.
    The legacy of caste distinctions continues to affect the status and 
opportunities available to various groups. In some groups, for example, 
individuals of a higher caste who seek to marry someone of a lower 
caste may be barred by the community, and in Soninke communities 
members of the slave caste cannot be buried in the same cemetery as 
other castes.
    NGO positions on the existence of slavery are not uniform. For 
example, SOS-Esclaves in an April 1997 report characterized slavery as 
a persistent social reality, whose occurrence among disadvantaged 
classes is far from negligible. The Organization of African Unity's 
(OAU) African Commission on Human and People's Rights report issued in 
June 1997 disputed the conclusions of the April 1997 SOS-Esclaves 
report. Whileallowing for the possibility of isolated cases of slavery 
in the remote countryside, the Commission concluded that slavery does 
not exist as an institution, and the persistence of vestiges of slavery 
was the more convincing explanation of social relations. Anti-Slavery 
International has stated that there is insufficient evidence one way or 
the other to conclude whether or not slavery exists, and that an in-
depth, long-term study was required to determine whether the practice 
continues.
    Problems related to the vestiges and consequences of slavery 
usually enter the public domain in judicial cases, most often in the 
form of child custody and inheritance disputes, between former masters 
and former slaves or their descendants. However, court adjudication of 
such cases is rare. Several inheritance disputes between Haratines and 
the descendants of their former master were adjudicated in court in 
recent years. Most such disputes were decided in accordance with the 
law, as the courts ruled that the descendants of the former slaves 
should inherit their property. However, in some cases involving land 
tenure, courts reportedly did not uphold the property rights of former 
slaves. No further action is known to have been taken on such a 1994 
land case in which a court ruled against a Black Moor of slave 
background in favor of a White Moor former master.
    In a 1995 case, the Supreme Council of Magistrates removed a 
magistrate from the bench because he ruled, contrary to the law, that a 
former master, rather than the former slave's descendants, should 
inherit the possessions of a former slave. In December 1996, the 
Supreme Council of Magistrates removed the magistrate in Kankossa from 
the bench because he refused to accept the provisions of the 1980 law 
abolishing slavery. The Government censured for a human rights-related 
cause at least one of the other three judges removed at the same time. 
The removal of these magistrates reinforced for other judges that the 
provisions of the 1980 law apply.
    A case involving a former master, who was awarded custody of three 
children in early 1997 because he was deemed to be the father was 
resolved by mediation during the year with the children living with 
their mothers in Nouakchott. Determination of such cases is problematic 
in a country where there are polygyny, ``secret'' marriages, no written 
records, and divorce by repudiation. The courts are prepared to pursue 
the concept of genetic testing to determine paternity, but no such 
cases have yet been brought.
    Three NGO's, SOS-Esclaves, the National Committee for the Struggle 
Against the Vestiges of Slavery in Mauritania, and the Initiative for 
the Support of the Activities of the President, had as their focus 
issues related to the history of slavery in Mauritania. Of these, SOS-
Esclaves was particularly active in bringing to public attention cases 
in which it found the rights of former slaves to have been abridged and 
in assisting former slaves in their difficulties with former masters. 
Other human rights and civic action NGO's also follow this issue 
closely. The independent press, which includes journals that are 
published by Haratines and southern-based ethnic groups who emphasize 
issues of importance to these ethnic groups, is also quick to report 
any incident that comes to its attention in which the rights of former 
slaves have not been respected.
    The Government focuses on education, literacy, and agrarian reform 
as the main means to eradicate the vestiges of slavery and deal with 
its consequences. The Government has raised the level of primary school 
attendance from 45 percent in 1986 to 85 percent this year. Classes are 
fully integrated, including boys and girls from all social and ethnic 
groups. In recent years, the Government's record in cases in which an 
individual's civil rights were adversely affected because of status as 
a former slave was weak. When complaints were filed with the Government 
to remedy cases involving detention of individuals against their will, 
the Government intervened in accordance with the law, although 
sometimes only after considerable prodding and passage of time. On May 
21, the Government created a new cabinet post, the Commissariat for 
Human Rights, Poverty Alleviation, and Integration. A major focus of 
the commissariat is to address the vestiges and consequences of 
slavery.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code states explicitly that children must not be 
employed before the age of 14 in the nonagricultural sector unless the 
Minister of Labor grants an exception due to local circumstances. The 
Government has a functional labor inspectorate empowered to refer 
violations directly to the appropriate judicial authorities. The 
Government lackssufficient resources to enforce existing child labor 
laws (see Section 5). The Government prohibits forced and bonded labor 
by children but does not enforce this prohibition effectively in 
certain specific cases (see Sections 5 and 6.c.).
    Education is not compulsory and, for financial and other reasons, 
15 percent of elementary school-age children do not regularly attend 
government schools. Labor law specifies that no child under the age of 
13 may be employed in the agricultural sector without the permission of 
the Minister of Labor, nor under the age of 14 in the nonagricultural 
sector. The law states that employed children between the ages of 14 
and 16 should receive 70 percent of the minimum wage, and that those 
between the ages of 17 and 18 should receive 90 percent of the minimum 
wage.
    Young children in the countryside commonly pursue herding, 
cultivation, fishing, and other significant labor in support of their 
families' activities. In keeping with longstanding tradition, many 
children serve apprenticeships in small industries and in the informal 
sector. There is no child labor in the modern industrial sector.
    e. Acceptable Conditions of Work.--The minimum monthly wage for 
adults is $48.36 (9,872 ouguiya). It is difficult for the average 
family to meet minimum needs and maintain a decent standard of living 
at this salary.
    The standard, legal, nonagricultural workweek may not exceed either 
40 hours or 6 days without overtime compensation, which is paid at 
rates that are graduated according to the number of supplemental hours 
worked. Domestic workers and certain other categories work 56 hours. 
The Labor Directorate of the Ministry of Labor is responsible for 
enforcement of the labor laws, but in practice inadequate funding 
limits the effectiveness of the Directorate's enforcement.
    The Ministry of Labor is also responsible for enforcing safety 
standards but does so inconsistently, due to inadequate funding. In 
principle workers can remove themselves from hazardous conditions 
without risking loss of employment; in practice, they cannot.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons, and there were no reports that persons were trafficked in, to, 
or from the country.
                                 ______
                                 

                               MAURITIUS

    The Republic of Mauritius, a parliamentary democracy since 1968, is 
governed by a prime minister, a council of ministers, and a national 
assembly. The President, who is nominated by the Prime Minister and 
confirmed by the National Assembly, serves as Head of State, with 
largely ceremonial powers. Fair and orderly national and local 
elections, supervised by an independent commission, take place at 
regular intervals. There are numerous political parties, and partisan 
politics are open and robust. The judiciary is independent.
    A paramilitary Special Mobile Force under civilian control is 
responsible for internal security. This force, commanded by the 
Commissioner of Police, is backed by a general duty police force. Both 
forces are largely apolitical, but were criticized for being 
inadequately trained to prevent and control rioting that broke out 
nationwide in February. While human rights violations are infrequent, 
members of the security forces committed some serious abuses.
    The economy is based on labor-intensive, export-oriented 
manufacturing (mainly textiles), as well as sugar and tourism. The 
standard of living is high, with a per capita gross domestic product of 
approximately $3,300 (82,500 rupees) per year. The Government is 
diversifying the economy by promoting investment in new sectors such as 
information technology and financial services.
    The Government generally respects the human rights of its citizens, 
but problem areas remain. Police shot and killed three protesters 
during riots in February, and judicial inquiries were ongoing in at 
least eight cases of deaths in police custody. There continued to be 
occasional reports that police abused suspects and detainees, and 
delayed their access to defense counsel. Although the law to establish 
a national human rights commission to investigate complaints against 
the police, including allegations of police brutality, went into effect 
in February, the commission was not established by year's end. In some 
cases, police restricted freedom of assembly. Violence and 
discrimination against women and abuse of children continued to be 
problems. Interethnic tensions led to violence on at least two 
occasions. Child labor remains a problem. The Government continued to 
prepare a curriculum for human rights education for introduction in the 
schools; however, it did not meet the original goal of introducing such 
a curriculum in the primary grades during the year. There were reports 
that women and children were trafficked to the country.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--A judicial inquiry 
is ongoing into the February death in police custody of a popular 
Creole singer, Kaya. Kaya's death sparked 3 days of rioting in February 
during which police shot and killed three protesters, one police 
officer died of cardiac arrest, and shops, homes, and churches were 
burned and looted, resulting in an estimated $50 million (1,250 million 
rupees) in damages. A second inquiry is investigating the death of 
another Creole musician, who was shot and killed by police during the 
February riots.
    On March 23, the Prime Minister responded to a parliamentary 
question and stated that eight detainees had been found dead in police 
cells between January 1, 1998 and February 28, 1999. The deaths were 
under investigation at year's end. Three persons died in prison in 
August and November (see Section 1.c.).
    Little progress was made in resolving the cases of two persons who 
died in police custody, one in 1996 and one in 1994. In 1994 three 
police officers were charged with manslaughter but found not guilty. An 
April 1998 preliminary inquiry into the 1996 case did not result in any 
charges being filed against police officers. Human rights lawyers 
asserted that the police were attempting to conceal the facts 
surrounding the deaths and were not conducting thorough, unbiased 
investigations.
    On May 23, seven persons died in a fire at a Chinese social club in 
Port Louis set by predominantly Muslim demonstrators who were 
protesting the result of a soccer game (see Section 5).
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture and inhuman punishment, and 
authorities generally respected it; however, there continued to be 
complaints of abuses by the police. The most common form of alleged 
police abuse is the use of force to coerce a suspect to sign 
aconfession. Police on occasion used force and tear gas to disperse 
protesters, resulting in a few injuries (see Section 2.b.). A judicial 
inquiry is ongoing into the circumstances behind the death in police 
custody of the popular singer Kaya (see Section 1.a.).
    In response to the eight reported deaths in police custody between 
January 1, 1998, and February 28, 1999 (see Section 1.a.), the 
Commissioner of Police announced plans to establish a central 
investigation bureau under the supervision of the national human rights 
commission, to investigate complaints against police.
    While the law to establish the national human rights commission 
went into effect on February 23, the commission had not been 
established by year's end. The Attorney General and the Minister of 
Human Rights announced that they still were searching for the 
appropriate former Supreme Court judge to chair the commission, a 
condition stipulated by the law. The commission is to have three other 
members, of whom one must be a lawyer or a judge with 10 years of 
experience and the other two must have experience in the human rights 
field. The commission is to investigate abuses by any public servants, 
but cannot investigate complaints that are already the subject of an 
inquiry by the Ombudsman, the Director of Public Prosecutions, the 
Public Service Commission, or the Disciplined Forces Service 
Commission. The commission is to have the authority to visit centers of 
detention or prisons to assess living conditions and make 
recommendations on conditions. The commission first is to try to 
resolve complaints through conciliation. If not successful, the 
commission can forward cases to the Director of Public Prosecutions (if 
criminal in nature), to the service commissions for disciplinary 
measures, or to the responsible authority in question.
    Prison conditions generally meet minimum international standards.
    In August a recently sentenced prisoner hung himself in the 
infirmary of the central prison. In November another prisoner in the 
central prison hung himself. Also in November, a recently arrested 
prisoner was found dead in his cell in a prison just outside of Port 
Louis, reportedly due to respiratory problems. Police investigated the 
deaths and there were no reports of abuse or neglect.
    The Government has permitted prison visits by foreign diplomats, 
the national Ombudsman, a team from the United Nations Commission for 
Human Rights, and the press. The Government stated that it would 
investigate conditions and treatment in police holding cells; however, 
it did not begin an investigation by year's end.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention, and the Government generally 
observes these prohibitions. In most cases, suspects are provided 
prompt access to family and defense counsel; however, police at times 
delayed suspects' access to defense counsel. Minors and those who did 
not know their rights were more likely not to be provided prompt 
access.
    The Constitution prohibits exile, and the Government does not use 
it.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respects this 
provision in practice.
    The judicial system consists of the Supreme Court, which has 
appellate powers, and a series of lower courts. Final appeal may be 
made to the Privy Council in the United Kingdom. There are no political 
or military courts.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary vigorously enforces this right. Defendants have 
the right to private or court-appointed counsel. The 1995 Dangerous 
Drugs Act, which would permit law enforcement authorities to hold 
suspected drug traffickers for up to 36 hours without access to bail or 
legal counsel, is undergoing judicial review and has not been 
implemented. Attempts to introduce new legislation to permit 
authorities to withhold access to bail or counsel from suspected drug 
traffickers for 36 hours failed because of public opposition.
    There are no political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, government 
authorities generally respect these provisions, and violations are 
subject to legal sanction. Both human rights lawyers and police 
authorities stated that illegal entry by the intelligence apparatus had 
ceased. The acting Commissioner of Police stated that police do not use 
illegal wiretaps on telephones.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects these rights in practice. Debate in the National Assembly is 
lively and open. On April 26, a Supreme Court judge issued an 
interlocutory order requiring Parliament to readmit the leader of the 
opposition, who had been expelled for alleged unruly behavior during 
the April 6 parliamentary session. In his decision, the judge 
criticized the Speaker of Parliament for publishing officially a false 
account of the parliamentary proceedings in question and for not 
following proper procedures in suspending the opposition leader. The 
judge also suggested that a government minister had perjured himself in 
an affidavit filed in support of the Speaker.
    More than a dozen privately owned newspapers presented varying 
political viewpoints and expressed partisan views freely. The 
Government has the ability to counter press criticism by using strict 
libel laws; however, the Government has not invoked these measures to 
inhibit the press. Libel suits between private parties are common.
    The government monopoly in broadcasting local news and programming 
continued, but it was undermined by a Supreme Court decision in 1997. 
This decision resulted in the opening of broadcasting to private 
parties with the exception of local news programming, which remained 
under government control pending passage of legislation for complete 
liberalization. One private news organization began local news 
broadcasts in July 1998 on the Internet, thereby circumventing the ban 
on private party television or radio local news broadcasts. Foreign 
international news services, such as the United Kingdom's Sky News, 
France's Canal Plus, and Cable Network News, are available to the 
public by subscription.
    The state-owned Mauritius Broadcasting Corporation (MBC) was 
criticized after the February riots for not adequately covering the 
disturbances, while the privately owned print media covered the events 
extensively. A communique released by the MBC in March stated that it 
would have been ``out of the question'' for MBC to cover the riots 
live, because of fears that such coverage would needlessly dramatize 
the events and lead viewers to believe that a ``full civil 
insurrection'' was taking place in the country. The opposition 
Mauritian Socialist Movement/Militant Mauritian Movement Federation, in 
a judicial challenge to the results of a September 19 by-election, 
formally accused the MBC of providing biased coverage favoring the 
Government's candidate during the by-election campaign; the MBC 
rejected this charge. The Supreme Court postponed a hearing on this 
matter, which was scheduled for November. The hearing was not 
rescheduled by year's end.
    The Government respects academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally 
respected this right in practice; however, police permission is 
required for demonstrations and mass meetings and such permission was 
refused in certain cases this year. While groups have the right to 
challenge denials, some of those who went ahead with demonstrations 
after a denial or never asked for police permission to gather at all 
were confronted with a heavy police response. After police refused to 
allow the Unemployed Workers' Movement and the Rodrigues Government 
Employees Association on the island of Rodrigues to hold a second 
demonstration in April, the group gathered anyway, and police used tear 
gas to disperse the protesters and arrested eight persons. In July 
leaders of the Federation of Civil Servants gathered outside Government 
House, which houses the National Assembly and ministerial offices, to 
deliver a letter to the Minister of the Public Sector. A team from the 
police's special Support Unit arrived and forcibly dispersed the 
protesters, slightly injuring three persons in the process.
    The Constitution provides for freedom of association, and the 
Government respects this right in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    While the Government generally is secular in both name and 
practice, it has favored the Hindu majority of the population. The 
Government spent approximately $3 million (75 million rupees) in 1998 
to expand a road going to the Hindu pilgrimage site for the annual Maha 
Shrivaratree festival. The Government couched the expense in terms of 
public safety, since the large portable shrines carried by the pilgrims 
had caused significant traffic hazards. In February 1998, the Prime 
Minister declared a national holiday for all Hindus who celebrated Maha 
Shrivaratree.There were outspoken protests by those who were not Hindu 
or did not have ``Hindu-sounding'' last names and were, therefore, not 
eligible for the paid holiday.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice.
    In August six Congolese refugees were stopped by immigration 
authorities and detained. The six requested political asylum, which the 
Government refused to grant. The Government does not grant political 
asylum to refugees in general on the grounds that the country is small, 
has limited resources, and does not wish to become a haven for large 
numbers of refugees. The Government allowed the six Congolese refugees 
to remain in the country while their attorney sought asylum for them in 
another country; all had been granted political asylum in another 
country by year's end. In November the Government allowed a Seychelles 
citizen and his family seeking refugee status in another country to 
remain in the country. The U.N. High Commissioner on Refugees had not 
made a determination regarding their status as refugees by year's end.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice. 
Free and fair national elections based on universal suffrage were held 
in 1995, and a free by-election was held in September. The September 
by-election was held without violence and was won by the Government's 
candidate. The opposition judicially contested the result, alleging 
that the Government abused the state apparatus to favor its candidate 
and ``corrupted'' voters. In December 1998, the National Assembly 
passed legislation granting voting rights in the general elections to 
the 300 residents of the island of Agalega. Previously, they had not 
been represented in the National Assembly. This leaves only the 
residents of the island of Saint Brandon without suffrage. There only 
are about 100 fishermen on 6- to 12-month contracts living on Saint 
Brandon.
    Women are underrepresented in government and politics. Of the 66 
National Assembly seats, 5 are held by women.
    In the National Assembly, up to eight members are appointed through 
a ``best loser'' system to ensure that all ethnic groups are 
represented. There are four such members.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups are organized and actively 
investigate and publish their findings on human rights cases. They 
operate without government restriction. Government officials cooperated 
with and responded to the views of human rights groups.
    The constitutionally mandated ombudsman investigates complaints of 
human rights abuses. A national human rights commission, provided for 
by a 1998 law, had not been established by year's end. (see Section 
1.c.).
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution specifically prohibits discrimination on the basis 
of race, caste, place of origin, political opinion, color, religion, or 
sex. The Government generally respected these provisions. The 
Government continued to prepare a curriculum for human rights education 
to be introduced into social studies courses at the primary and 
secondary levels; however, it did not meet the original goal of 
introducing such a curriculum in the primary grades during the year.
    Women.--Violence against women, particularly spousal abuse, is a 
problem according to the Ministry of Women's Rights and Family Welfare, 
attorneys, and nongovernmental organizations (NGO's). The Protection 
from Domestic Violence Act, partially enacted in 1997, came into full 
force in March 1998 with the criminalization of domestic violence, and 
the updated law provides the judicial system with greater powers to 
combat this problem. Between January and June, 310 protection orders 
against abusive partners were issued, and a total of 843 protection 
orders have been issued since 1997. According to officials, the number 
of reported spousal abuse cases has risen in the last 4 years,primarily 
due to a greater awareness of women's rights and the Government's 
readiness to enforce them. Nevertheless, many victims still choose not 
to prosecute their attacker, primarily due to cultural pressures. A 
UNICEF-funded study reported that there were 1,013 cases of domestic 
violence between November 15, 1997 and May 15, 1998. Women were the 
victims in 974 of these cases with alcohol being a contributing factor 
in 56 percent of the cases.
    Since women often depend on their spouses for financial security, 
many remain in abusive situations for fear of being unable to provide 
for their children as single parents. While a magistrate can order a 
spouse to pay child support, some spouses have stopped working in order 
to avoid payment. However, in July 1998, several amendments to the 
Criminal Code were enacted that made it a crime to abandon one's family 
or a pregnant spouse for more than 2 months, not to pay court-ordered 
food support, or to engage in sexual harassment.
    Traditionally women have played subordinate roles in society, and 
societal discrimination continues; however, women have access to 
education, employment, and government services. The Minister of Women, 
Family Welfare, and Child Development stated in August that 25.8 
percent of managers are women.
    Children.--The Government placed strong emphasis on the health and 
welfare of children and displayed a commitment to expand educational 
opportunities for children. Education is mandatory until the age of 12, 
and the Government has set a goal to increase this to age 15 once 60 
new schools are authorized and built. In July 1998, the legislature 
passed additional provisions to the Protection of the Child Act, 
thereby making certain acts compromising the health, security, or 
morality of children a crime.
    Although incidents of child abuse are reported, private voluntary 
organizations claim that the problem is more widespread than is 
acknowledged publicly. Most government programs are administered by the 
state-funded National Children's Council and the Child Development Unit 
at the Ministry of Women, Family Welfare, and Child Development, which 
provides counseling, investigates reports of child abuse, and takes 
remedial action to protect affected children. In 1998 there were 2,897 
reported cases of child abuse, including physical abuse, neglect, and 
sexual abuse. Between January and May, 1,375 cases were reported, a 429 
case increase over the same time period in 1998.
    People with Disabilities.--There is no discrimination against 
disabled persons in employment, education, or in the provision of other 
government services. The law requires organizations that employ more 
than 10 persons to set aside at least 3 percent of their positions for 
the disabled. There is no law mandating access to public buildings or 
facilities. The law does not require that work sites be accessible to 
the disabled, making it difficult for persons with disabilities to fill 
many jobs.
    Religious Minorities.--Tensions between the Hindu majority and 
Christian, Creole, and Muslim minorities persist and resulted in at 
least two violent confrontations during the year. This tension and 
violence has both religious and ethnic elements. In April the head of 
the Catholic diocese invited all other religious heads to meet to 
discuss solutions to the tensions, but none accepted. After a second 
invitation, the head of Hindu House responded favorably. The outcome of 
their meeting included an invitation to the President to establish an 
interreligious council.
    National/Racial/Ethnic Minorities.--Tensions among the Hindu, 
Creole, Muslim, European, and Chinese communities persist and resulted 
in at least two violent confrontations during the year. In February 
there were several days of rioting and interethnic confrontations after 
a popular Creole singer died in police custody. Protests by members of 
the Creole community against suspected police misconduct in the case 
escalated into full-scale rioting and violent confrontations between 
ethnic groups, resulting in four deaths and approximately $50 million 
(1,250 million rupees) in property damage (see Section 1.c.).
    On May 23, fans rioted when a historically Creole team defeated a 
historically Muslim team for the national soccer championship. That 
night seven persons died in a fire set at a Chinese social club in Port 
Louis by predominantly Muslim demonstrators who rioted after the soccer 
game. The precise motives for the arson attack remain unclear, but 
observers believe that the social club was targeted because it 
permitted gambling, served alcoholic beverages, and allegedly permitted 
prostitution from its location near the city's main mosque.
    As a result of the ethnic violence that occurred in February and 
May, several initiatives were taken to improve relations between ethnic 
groups. After meeting in April, the heads of the Catholic Diocese and 
the Hindu House recommended that the President establish an 
interreligious council; however, such a council had not been created by 
year's end. The President established a Committee for the Promotion of 
National Unity, which consists of 20 members from a wide cross section 
of the public and private sectors. The committee has sponsored a 
variety of activities to promote goodwill between ethnic groups. The 
Mauritian Council of Social Service, which serves as an umbrella group 
for NGO's in the country, created a conflict resolution working group 
to address ethnic tensions. A citizen based abroad established the 
Mauritius Peace Initiative to facilitate contact between domestic 
community leaders and international conflict resolution experts.
    The Rodrigues Government Employees Association is suing the Public 
Service Commission and the Government for placing different service 
conditions on those civil servants who were born and live on Rodrigues, 
an island 360 miles off the country's east coast with a population of 
36,000, compared with civil servants who were born on the main island 
of Mauritius and work on Rodrigues. The Supreme Court heard the case at 
the end of November, but had not issued a decision by year's end.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution explicitly protects 
the right of workers to associate in trade unions, and there is an 
active trade union movement. More than 335 unions represent over 
125,000 workers, or about 25 percent of the work force. Many unions are 
small, having fewer than 1,000 members. Eight major labor federations 
serve as umbrella organizations for these smaller unions. With the 
exception of members of the ``disciplined force,'' namely, the police 
and the Special Mobile Force, and persons in state services who are not 
public officers such as contractors, workers are free to form and join 
unions and to organize in all sectors including in the export 
processing zone (EPZ). Although only 12.5 percent of EPZ workers are 
unionized, these workers are covered by national labor laws. The 
Mauritian Labor Congress asserts that union membership is low in the 
EPZ in part because employers in the EPZ intimidate employees and 
restrict access to union organizers. Labor unions are independent of 
the Government, and they have pressed wage demands, established ties to 
domestic political parties, and addressed political issues.
    Under the Industrial Relations Act (IRA), unions have the legal 
right to strike; however, in practice the IRA requires a 21-day 
cooling-off period, followed by binding arbitration, which has the 
effect of making most strikes illegal. The IRA states that worker 
participation in an unlawful strike is sufficient grounds for 
dismissal, but workers may seek remedy in court if they believe that 
their dismissals are unjustified. There were no major strikes during 
the year.
    Under the law, unions may establish ties with international labor 
bodies, and some unions have done so.
    b. The Right to Organize and Bargain Collectively.--The law 
protects the right of employees to bargain collectively with their 
employers. Minimum wages for nonmanagerial level workers are set by the 
National Remuneration Board (NRB), whose chairman is appointed by the 
Minister of Labor; however, most unions negotiate wages higher than 
those set by the NRB. Almost 13 percent of the labor force works for 
national or local government. The IRA prohibits antiunion 
discrimination. There is an arbitration tribunal that handles any such 
complaints.
    Approximately 91,559 persons work in the EPZ. While there are some 
EPZ-specific labor laws, such as provisions allowing EPZ employers to 
request up to 10 hours per week of paid overtime from their employees, 
workers in these firms enjoy the same basic protections as workers in 
other firms.
    c. Prohibition of Forced or Compulsory Labor.--Forced or compulsory 
labor, including that by children, is prohibited by law, and is not 
practiced.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum age for employment of children is 15 
years; however, children unable to attend secondary school often seek 
apprenticeships in the trades. The Government has set a goal to 
increase mandatory education to 9 years of schooling in January 2000. 
Six vocational schools were opened in January 1998 to train students 
who fail the primary education certificate exam taken by students at 
the end of the sixth year of primary education.
    The Ministry of Labor is responsible for enforcement and conducts 
frequent inspections. According to the Ministry of Women, Family, and 
Child Development, 2,000 children between the ages of 12 and 14 were 
employed or looking for work in 1998. Child labor in homes, on farms, 
and in shops is common on the relatively isolated island of Rodrigues. 
Forced or bonded labor involving children is prohibited by law and does 
not exist (see Section 6.c.).
    e. Acceptable Conditions of Work.--The Government administratively 
establishes minimum wages, which vary according to the sector of 
employment, and it mandates minimum wage increases each year based on 
inflation. The minimum wage for an unskilled worker in the EPZ is about 
$12.74 (320 rupees) per week, while the lowest weekly wage for a non-
EPZ worker is about $15.48 (389 rupees). This sum is below the level 
needed to provide a decent standard of living for a worker and family, 
but the actual market wage for most workers is much higher due to a 
labor shortage and collective bargaining. The standard legal workweek 
in the industrial sector is 45 hours. In the EPZ, an employee may work 
an additional 10 hours per week, although at a higher hourly wage (see 
Section 6.b.).
    There are more than 12,200 legal foreign workers. Since they often 
do not speak English, French, or Creole, it is difficult for them to 
demand their rights, which are the same as those of citizen employees, 
including the right to belong to a union. However, there were cases in 
which foreign workers obtained local legal counsel to redress their 
grievances.
    The Government sets health and safety standards, and Ministry of 
Labor officials inspect working conditions and ensure compliance with 
the 1988 Occupational Safety, Health, and Welfare Act. The small number 
of inspectors limits the Government's enforcement ability; however, 
through voluntary compliance, the number of occupational accidents has 
been cut by two-thirds since the Act's passage. Workers have the right 
to remove themselves from dangerous situations without jeopardy to 
continued employment.
    f. Trafficking in Persons.--The law prohibits trafficking in 
children, but does not specifically mention trafficking in adults. 
There were reports from the nearby island of Madagascar that women and 
children were trafficked to the islands of Reunion and Mauritius for 
prostitution.
                                 ______
                                 

                               MOZAMBIQUE

    Mozambique's constitutional Government, headed by President Joaquim 
Chissano, held its second general multiparty elections in December (the 
first multiparty elections were held in 1994). President Chissano was 
reelected and his party, the Front for the Liberation of Mozambique 
(FRELIMO), won 133 seats in the 250-seat Assembly of the Republic, with 
the remaining 117 seats going to the opposition coalition of the 
Mozambique National Resistance--Electoral Union (RENAMO-UE). The 
elections were peaceful and orderly; however, they were marred by 
allegations of vote-counting irregularities. Chissano and the 
leadership of FRELIMO, which has ruled the country since independence 
in 1975, dominate policymaking and implementation. The Assembly is a 
multiparty parliament that provides increasingly useful debate on 
national policy issues and generates some proposals independently. 
During legislative sessions, the Assembly's FRELIMO majority influenced 
the executive branch on some policy issues. Opposition parties in the 
Assembly, working together with FRELIMO, were able to develop and enact 
some legislation on a bipartisan basis. The Constitution provides for 
an independent judiciary; however, the executive branch dominates the 
judiciary, which lacks adequate resources, and is chronically 
understaffed, susceptible to corruption, and largely ineffectual.
    The forces responsible for internal security under the Ministry of 
Interior include: the Criminal Investigation Police (PIC), the 
Mozambican National Police (PRM), and the Rapid Reaction Police. The 
State Information and Security Service reports directly to the 
President. The military continued to suffer from a lack of money and 
long term strategy. Many former military personnel of all ranks work in 
other government security forces. Members of the security forces 
committed numerous serious human rights abuses.
    Mozambique is a very poor country. Approximately 80 percent of the 
population are employed in agriculture, mostly on a subsistence level, 
and approximately 75 percent of the population live in poverty. The 
primary exports are shrimp, sugar, cotton, and cashew nuts. The 
transition to a market economy continued during the year. In 1998 the 
gross domestic product (GDP) was about $3.4 billion, up over 10 percent 
in each of the last 3 years. Inflation was less than 5 percent in 1998. 
The economy and government budget remained heavily dependent on foreign 
aid. The economy had a $204 million trade deficit in 1998, down from 
$377 million deficit in 1995. Annual per capita income was 
approximately $180. High unemployment and underemployment in the formal 
and informal sectors continued. Corruption continued to be a problem in 
the public and private sectors.
    The Government's human rights record, although poor in numerous 
areas, continued to show improvements in several others. Police 
continued to commit numerous abuses, including extrajudicial killings, 
excessive use of force, torture, and other abuses. Police officers 
tortured and beat persons in custody, and abused prostitutes and street 
children. Prison conditions remain extremely harsh and life-
threatening; many prisoners died due to the harsh conditions. Police 
continued to use arbitrary arrest and detention, and lengthy pretrial 
detention was common. Fair and expeditious trials were not possible due 
to an inefficient, understaffed, and underfunded judiciary, which is 
dominated by the executive and subject to corruption. The Government 
generally respected freedom of the press; however, there were some 
limitations. Media outlets owned by the Government and State 
enterprises largely reflected the views of factions within the ruling 
party; however, the number and diversity of independent media 
increased, and their criticism of the Government, its leaders, and 
their families largely is tolerated. Human rights violations received 
extensive coverage in both government and independent media during the 
year. Both the Government and the law imposed some limits on freedom of 
association. The Government, at times, infringed on freedom of 
movement. The country's movement toward decentralization and expanding 
democracy progressed; the voter registration process was successful 
with 85 percent of the estimated eligible population registering to 
vote in the general elections. Domestic violence against women as well 
as widespread discrimination against women in employment and property 
rights, remained problems. The abuse and criminal exploitation of 
street children increased in urban areas, and child prostitution 
remained a problem. Discrimination against the disabled, child labor, 
and forced child labor remained problems. The media reported a few 
cases of trafficking in women and children. Occasional mob violence 
resulted in several deaths.
                        respect for human rights
Section 1. Respect for Integrity of the Person, Including Freedom From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings; however, there were a few reports of 
extrajudicial killing. In March relatives of a detainee accused police 
of killing him in Beira central prison. Authorities attributed the 
man's death to an unspecified illness; an eyewitness testified in March 
that he saw police beating the victim on the way to the prison. The 
case was referred by the Mozambican Human Rights League (LDH) to the 
Attorney General's office, but still was pending at year's end.
    In October a new organization, Human Rights and Democracy (DHD), 
published a critical assessment of human rights conditions (see Section 
4); among the complaints were alleged police killings.
    Extremely harsh prison conditions and torture resulted in the 
deaths of some persons in custody (see Section 1.c.).
    In 1998 a journalist in Cabo Delgado province reported that an 
accused thief, Cabral Manica, died while in police custody because of 
torture. The police officer allegedly responsible for Manica's death 
was convicted in June and sentenced to 3 months in prison.
    There was no investigation into the 1998 death in police custody of 
Intipa Faque in the northern province of Nampula; nor was any action 
taken against the officers responsible.
    The Government reportedly investigated the police killing of a 
demonstrator during a labor strike at a security services company in 
1998; however, no report was released publicly, nor was any action 
taken against the officers responsible (see Section 6.a.).
    An investigation was ongoing at year's end into the 1997 police 
killing of Eduardo Machava, allegedly for refusing a shakedown attempt.
    Police denied wrongdoing in the 1997 killings of Abel Zefanias dos 
Anjos and Crescensio Sergio Muchange, and reportedly have not yet 
referred either case to the criminal investigation branch.
    Occasional mob and vigilante killings continued in both urban and 
rural areas due to general public frustration with rising crime. In 
August a man in Maputo was caught stealing from a residence and was 
beaten by a crowd until the police intervened. Another man was beaten 
to death by a mob in a Maputo suburb after breaking into a residence.
    Some of the hundreds of thousands of landmines still in the ground 
after decades of civil war caused 12 deaths during the year.
    b. Disappearance.--There were no reports of politically motivated 
disappearances; however, police were responsible for unexplained 
disappearances of prisoners.
    The fate of thousands of citizens who disappeared during the civil 
war still remains unresolved.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution expressly prohibits torture and cruel or 
inhuman treatment; however, the police continued to commit serious 
abuses and torture, beatings, death threats, physical and mental abuse, 
extortion, and unexplained disappearances of some prisoners remained 
problems. From January to September, the LDH reported 78 complaints of 
torture, including several instances involving the mistreatment of 
women, beating, illegal detention, and death threats.
    Corruption in the police forces extends throughout the ranks, and 
the PRM used violence and detention to intimidate persons from 
reporting abuses.
    Journalists continued to report that police extorted money from 
street vendors, many of whom are widowed and divorced women, sometimes 
beating the women, and often stealing their merchandise. There also 
were reports of police abuse of prostitutes and street children (see 
Section 5).
    The national budget allocated more funding for the hiring and 
training of police, as well as for higher salaries. New standards for 
the police force were imposed, requiring a minimum educational level of 
the tenth grade. A new police academy is scheduled to be opened in 
early 2000 to provide some university level training to police 
officers. Human rights training is becoming mandatory for all security 
officers, with human rights groups like the LDH teaching some of the 
courses. The LDH's president noted in October that there had been 
overall improvement in police performance.
    There was some sporadic political violence related to the December 
elections, attributable to both RENAMO-UE and FRELIMO supporters (see 
Section 3).
    Prison conditions in most of the country are extremely harsh and 
continued to pose a threat to inmates' health and lives. A LDH report 
released in January on the Beira central prison found that conditions 
remain significantly below minimum international standards. Latrine 
facilities are primitive; in some prisons, inmates must keep human 
waste in their cells until they persuade or bribe attendants to remove 
it. Food is substandard and scarce. Most prisoners receive only one 
meal per day on a regular basis. There are many deaths in prison, the 
vast majority due to illness and disease. In March after being 
transferred to Maputo Central Hospital, three minor prisoners died due 
to illness and an alleged lack of food while imprisoned. While the 
health problems of most inmates remain unattended, the Ministry of 
Health made specific efforts to address some of the more serious 
diseases in the prison system, including cholera, tuberculosis, and 
HIV/AIDS-related illnesses.
    The Beira chapter of the LDH visited Beira central prison in 
December 1998, and January, and found that torture, death threats by 
agents of the State, extortion, physical and mental abuse, and 
unexplained disappearances of some prisoners still are problems. There 
are reported cases in which inmates complained of extortion, and of 
denial of visitation rights and medical care. During its visit the LDH 
noted a marked drop in the number of complaints from inmates from a 
high of 700 during a previous visit in 1998, to 300. In September a 
woman's prison, which included a prison school, was opened in Ndlavela.
    In October the Ministry of Justice held a 4-day symposium on prison 
reform, seeking ways to improve conditions and the rehabilitation of 
inmates. In connection with the symposium, Justice Minister Jose Abudo 
admitted that the penal system was ``imperfect and lacking, beset with 
serious structural problems that demanded profound reforms.''
    In November 1998, a newspaper reported the discovery of a 
clandestine prison in Buzi District, Sofala Province, where police 
allegedly detained prisoners in underground cisterns. Local authorities 
denied the existence of this illegal prison.
    Two National Directorates of Prisons (DNP's), one under the 
Ministry of Justice (MOJ) and the other under the Ministry of Interior 
(MOI), operate prisons in all the provincial capitals. The DNP's also 
hold prisoners at an agricultural penitentiary in Mabalane and 
industrial penitentiaries in Nampula and Maputo. According to 
nongovernmental organization (NGO) sources, MOI inmates generally are 
unconvicted suspects who may have beeninterviewed by a judge but not 
sentenced, some of whom have been held for years (see Section 1.d.). 
MOJ inmates generally have been tried and sentenced in a conventional 
legal process. In most prisons, inmates under MOJ jurisdiction are 
imprisoned with those under MOI jurisdiction. Military and civilian 
prisoners are held in the same prisons.
    Detention facilities remained severely overcrowded, generally 
housing four to six times the number of prisoners that they were built 
to accommodate. During the year, Beira central prison held 653 
prisoners in a prison built to hold 200; Manica held 1,000 in a prison 
built to hold 300; Tete held 405 in a prison built to hold 90. 
Inhambane provincial prison held 150 in a prison built to hold 75; 
Nampula held 400 in a prison built for 70; and Pemba held 413 in a 
prison built for 90. Maputo central prison, built to hold 800 inmates, 
held 2,300, of whom 1,570 were awaiting trial. However, the Maputo 
Machava maximum security prison, with a capacity of 600, held 
considerably less than that.
    Minors are incarcerated with adult inmates. During a visit to the 
Beira central prison in August, the Minister of Coordination of Social 
Action found 25 minors detained there. However, the LDH reported 
noticeably fewer minors held in detention nationwide. At times Maputo 
city prison houses children as young as 3 years of age, brought there 
by mothers sentenced for long periods for crimes.
    International as well as domestic human rights groups may have 
access to prisoners at the discretion of the MOJ and MOI; however, 
officials sometimes cite unsanitary conditions or security risks as 
reasons to delay or cancel visits.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
provides that the duration of preventive imprisonment be set by law; 
however, the police continued to arbitrarily arrest and detain citizens 
in practice. Under the law, the maximum preventive imprisonment is 48 
hours, during which time a detainee has the right to have his case 
reviewed by judicial authorities, after which he can be detained up to 
another 60 days while the case is investigated by the PIC. In cases 
where a person is accused of a very serious crime carrying a sentence 
of more than 8 years, he may be detained up to 84 days without being 
charged formally. If a court approves, such detainees may be held for 
two more periods of 84 days each without charge while the police 
complete the investigation process. The law provides that if the 
prescribed period for investigation has been completed and no charges 
have been brought, the detainee must be released. In many cases, the 
authorities either are unaware of these regulations or ignore them, 
often also ignoring a detainee's constitutional right to counsel and to 
contact relatives or friends.
    In February police detained a Pakistani imam for questioning in 
connection with the criminal investigation of the murder and 
decapitation of a young black man (see Section 2.c.). An investigating 
magistrate released the imam on bail after 8 days in detention, but 
ordered him to remain in the country for further questioning. In August 
the Imam was rearrested and remained in detention at year's end pending 
a trial.
    In 1998 a radio journalist, Fernando Quinova, was detained without 
charge after reporting on Radio Mozambique that a prisoner died while 
in the custody of the police (see Section 2.a.). Quinova escaped from 
prison, but was rearrested on March 2, and charged with slandering the 
police and illegally leaking documents: neither charge exists under the 
Penal Code. On March 8, Quinova was freed after the media publicized 
his plight. In May the Cabo Delgado provincial court convicted a police 
commander of illegally detaining Quinova. The commander was fined 
approximately $44 (546,000 meticais) and ordered to pay Quinova 
approximately $240 (3 million meticais) in compensation.
    Many persons complained that security officials often detained them 
for spurious reasons and demanded identification documents; many 
officers also demanded bribes to permit persons to continue toward 
their destinations. The media reported that citizens in Nampula 
province complained to authorities that police detained persons for not 
carrying identification documents, and demanded money when they could 
not produce documents. Many victims lived in areas where there was no 
notary public available to validate their documents. Many victims chose 
not to seek police assistance because of their usual demand for bribes 
or a lack of confidence that the police would help.
    Most citizens also are unaware of their rights, particularly those 
provided by the Constitution, the law, and the Penal Process Code. As a 
result, detainees can spend many weeks, months, and even years in 
pretrial status. The bail system remains poorly defined, and prisoners, 
their families, and NGO's continue to complain that police and prison 
officials demand bribes to release prisoners.
    Under the Penal Code, only those suspects caught in the act of 
committing a crime can be held in detention. Justice Ministry officials 
say that some police lack adequate training and do not know how to 
charge a person properly with a stated crime. An unfortunate detainee 
thus may be subjected to indefinite detention. The National Directorate 
of Prisons reported that there are an estimated 7,500 persons in the 
prison system, 4,758 of whom were detainees who had not been charged. 
In response to this problem, a legal enforcement commission convened in 
May and ordered cases of detainees to be reviewed so that those who had 
served their time or were being held illegally (without charge) could 
be released. In Beira alone, 230 prisoners were released from the 
central prison during May and June. The DHD report on human rights 
conditions released in October gave particular emphasis to the problem 
of arbitrary arrest and detention (see Section 4).
    Drug cases are subject to a special regime. A 1996 law specifies 
that the legal period of preventive detention in drug trafficking cases 
is 10 days. The same law authorizes a long period of investigation--up 
to 9 months--in cases involving drug smuggling, drug production and 
transfer, and criminal association.
    The Constitution expressly prohibits exile, and the Government does 
not use exile as a form of punishment.
    e. Denial of Fair Public Trial.--The Constitution formally 
established an independent judiciary and specifically states that the 
decisions of the courts take precedence over all other authorities and 
individuals and must be obeyed; however the executive, and by extension 
the FRELIMO party, continued to dominate the judiciary, which is 
understaffed and manned by inadequately trained appointees. The DHD 
report on human rights conditions released in October gave particular 
emphasis to problems in the judiciary (see Section 4).
    The President appoints the President and Vice President of the most 
important tribunal, the Supreme Court. Supreme Court nominations 
initially are prepared by the Supreme Higher Magistrate's Council 
(CSMJ), the body responsible for overseeing professional behavior among 
magistrates. The CSMJ, generally all FRELIMO party members, submits a 
list of qualified persons to the President of the Republic. The 
president then submits his choices to the National Assembly for 
approval. No assembly approval is needed for other judicial 
appointments.
    There are two complementary formal justice systems: The civil/
criminal system, and the military system. Civilians are not under the 
jurisdiction of, or tried in, military courts. A 1991 law empowered the 
Supreme Court to administer the civil/criminal system; it also hears 
appeals, including military cases, although the Ministry of Defense 
administers the military courts. Below the Supreme Court there are 
provincial and district courts. There also are courts that exercise 
limited, specialized jurisdiction, such as the administrative court, 
customs court, fiscal court, maritime court, and labor court. The 
Constitution called for the creation of a Constitutional Council, but 
the Government has not yet passed implementing legislation. In the 
absence of this body, the Supreme Court is tasked with ruling on issues 
of constitutionality, as it did when assessing the eligibility of 
presidential candidates for the general elections. In November the 
Supreme Court overruled the National Election Commission and allowed 
the United Front of Mozambique (FUMO) party to participate in the 
RENAMO-UE coalition (see Section 3). Persons 16 years old and younger 
fall under the jurisdiction of a court system for minors. Through this 
legal channel, the Government can send minors to correctional, 
educational, or other institutions. As with the provincial and district 
courts, the specialized and minor court systems are ineffective due to 
a lack of qualified professionals.
    In August Supreme Court Chief Justice Mario Mangaze complained that 
only 25 percent of citizens had access to the official judicial system. 
Outside the formal court system, a number of local customary courts 
adjudicate matters such as estate and divorce cases. These courts are 
staffed by respected local arbiters who have no formal training but who 
exercise a substantial judicial and executive role, particularly in the 
area of arbitration.
    Persons accused of crimes against the State are tried in regular 
civilian courts under standard criminal judicial procedures. The law 
provides definitions of crimes against the State, such as treason, 
terrorism, and sabotage. The Supreme Court has original jurisdiction 
over members of Parliament and other persons who are immune from trial 
in the lower courts. Early in the year, an administrative judge was 
arrested and detained for shooting a homeless man and is now on trial 
in the Supreme Court.
    A judge may order a closed trial because of national security 
interests or to protect the privacy of the plaintiff in cases 
concerning rape.
    In regular courts, all accused persons are in principle presumed 
innocent and have the right to legal counsel and the right of appeal; 
however, authorities do not always respect these rights. The great 
majority of the population is either unaware of these rights or does 
not possess the means to obtain any form of legal counsel. Although the 
law specifically provides for public defenders, such assistance is not 
available in practice, particularly in the rural areas. Some NGO's, 
such as LDH, the Government's National Institute for Legal Assistance, 
and the Mozambican Association of Women in Judicial Careers, continued 
to offer limited legal counsel at little or no cost to both defendants 
and prisoners.
    A lack of licensed attorneys exacerbates the judicial system's 
weakness. There are an estimated 200 licensed attorneys in the country; 
the vast majority work in Maputo. There continued to be a shortage of 
qualified judicial personnel, with only 20 to 30 nationwide. There are 
appeals courts in all provinces, but few of these courts are staffed by 
formally trained judges, despite the fact that the Judicial Magistrates 
Statute requires a law degree. Some districts have no formal courts or 
judges at all. Several donor initiatives to remedy these shortages were 
continued or completed, including Danish and World Bank-financed 
training of district court judges and public prosecutors.
    In 1998 while speaking at the opening of the Supreme Court session, 
Chief Justice Mangaze complained that a number of judges and others 
responsible to the courts are guilty of unacceptable practices, 
including corruption and bribe taking, chronic absence, unequal 
treatment, and deliberate delays and omissions in handling cases. 
Justice Mangaze also presides over the Higher Magistrate's Council 
(CSMJ), which expelled 23 judges for corruption since 1995. A Ministry 
of Justice official estimated that 16 judges have been removed from 
office since 1998, including three judges whose cases were heard during 
the year. In 1998 the National Assembly passed a law, which was 
implemented during the year, that speeds the implementation of CSMJ 
decisions affecting judges who appeal charges of misconduct, thus 
removing them from the bench more swiftly.
    In November 1998, a young man accused of stealing from his employer 
was beaten, bound, and left in the sun by his employer, who accused him 
of stealing. His resulting injuries were so severe that both of his 
arms had to be amputated. The judge hearing the case was criticized 
widely by the press and public for only imposing a $40 (500,000 
meticais) fine against the employer, who later absconded.
    The Penal Code contains legal guidelines for the judicial treatment 
of minors and forbids the imprisonment of minors below the age of 20; 
however, there are many documented reports that some judges ordered the 
incarceration of minors in common prisons without trial (see Section 
1.c.).
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the right of privacy and 
expressly forbids the use of surveillance techniques, and the 
Government generally respected these provisions. By law police need a 
warrant to enter homes and businesses. There were no documented reports 
of such search activity; however, some political groups suspected that 
their telephones were tapped by government intelligence agencies, and 
claimed that security forces kept watch on their activities.
Section 2. Respect for Civil Liberties:
    a. Freedom of Speech and Press.--The Constitution, the 1991 Press 
Law, and the 1992 Rome Peace Accords provided for freedom of expression 
and of the press, and the Government generally respected these 
provisions; however, limitations on these freedoms are permitted if 
they relate to the media's obligations to respect the Constitution, 
human dignity, and imperatives of foreign policy and national defense. 
A media watchdog organization expressed concern that the vagueness of 
``imperatives of foreign policy and national defense'' could lead to 
unwarranted restrictions. While criticism of the President is not 
prohibited, the 1991 Press Law holds that in cases of defamation 
against the President, truth is not a sufficient defense against libel. 
This law has not been tested in court; however, the President 
experienced considerable verbal and written criticism during the year--
especially during the course of the electoral campaign--without 
invoking this clause.
    Police harassment and detention of radio journalist Fernando 
Quinova continued in the beginning of the year (see Section 1.d.). 
Quinova was released in March after the media publicized his plight in 
the northern province of Cabo Delgado. The National Journalists Union 
and Radio Mozambique provided legal counsel. In May a police commander 
was convicted of illegallydetaining Quinova. Another officer was 
convicted and sentenced to 3 months imprisonment in June for the death 
in custody of Cabral Manica, which Quinova reported. In April the Tete 
district court absolved the newspaper Fax Do Interior, of charges of 
defamation, which had been levied in 1997. In June a Maputo court 
dismissed a suit of libel brought by an opposition politician against 
the state-owned newspaper Domingo.
    Government and state-owned media largely reflected the views of the 
ruling party, but many such media sources also carried significant 
criticism of the Government's handling of the local election 
administration. Media ownership is diversified--the U.N. Educational, 
Scientific, and Cultural Organization (UNESCO) Media Project estimated 
that 34 percent of the country's media were public, 36 percent were 
private commercial, and 28 percent were private nonprofit (church 
affiliated); however, the public category includes the country's only 
daily newspapers, the only Sunday newspaper, and the only weekly 
newsmagazine. Two progovernment newspapers--Noticias and Domingo--
together with a third sports-oriented weekly are owned by a single 
corporation, Noticias Sarl, in which state-owned enterprises hold 
majority shares. Both evidenced blatant bias in favor of the ruling 
party, FRELIMO, during the election period; however Domingo continued 
pushing for reform of the justice system. In June one fairly modern 
government-owned printing press in Maputo was privatized.
    A large number of periodicals and broadcasting entities have been 
licensed since 1992 and the independent media criticisms of government 
leaders and their families largely is tolerated. An independent 
publisher started a daily newspaper in Maputo during the year, but was 
forced to limit publications to one per week due to financial 
constraints. There were four independent weekly newspapers published in 
Maputo, and five other independent weekly journals published in 
provincial capitals. According to a survey by the Panos Institute, the 
nine weekly newspapers had a combined total circulation of 45,910. 
There are an additional 20 printed periodicals with a combined 
circulation of 34,000. There also are eight periodicals that 
transmitted daily editions electronically, with a combined subscription 
of more than 1,500. The second oldest faxed daily, Imparcial, is owned 
by RENAMO. Websites were developed during the year for several 
independent media. Only a small minority of the population receives 
news directly through either television or the print media.
    While the Government no longer owns most radio and television 
stations, government stations are the only broadcasters capable of 
countrywide transmission; however, there are local and independent 
broadcasts in almost all urban areas. Government media are showing 
greater transparency in reporting and some independence of editorial 
content. Radio Mozambique, the public's most important source of 
information, is government owned, but its news coverage is considered 
unbiased and fair. Radio Mozambique receives the largest single subsidy 
from the state budget of any public company. It broadcasts in 
Portuguese and 18 indigenous languages; its external service broadcasts 
in English as well as in Portuguese for citizens in neighboring South 
Africa. Radio Mozambique regularly broadcasts public debates that 
include a variety of participants with differing opinions.
    In addition to Radio Mozambique, there are 16 independent 
(primarily church-supported) and state-supported radio stations, most 
using local languages in addition to Portuguese, which have spread to 
over a dozen cities. One such station, Radio Terra Verde, is linked 
directly to the principal opposition party. Radio Terra Verde (RTV) is 
second only to Radio Mozambique's youth-oriented Radio Cidade in 
popularity, outside of broadcast times for soccer matches. Foreign 
radio programs, including the British Broadcasting Corporation (BBC), 
Radio France International (RFI), Radio Diffusao Portugal (RDP)-Africa, 
and the Voice Of America (VOA) reach all major population centers and 
report local news via Mozambican-based part-time reporters; the BBC and 
the RFI carry news in Portuguese but broadcast most of the day in 
English and French, respectively.
    TV Mozambique moved into a new Portuguese-built studio in 1998 and 
began broadcasting during the year. During the elections, TV Mozambique 
was biased towards the ruling party. Portuguese Television for Africa 
(RTP Africa) offers a second source of televised news to all parts of 
the country reached by TVM. Privately owned television transmission 
continued to be limited to Maputo; transmissions from Quelimane did not 
begin during the year due to financial constraints. International 
television news via cable in Maputo and via satellite is available 
nationwide.
    A media development report released by UNESCO expressed concern 
about the strong concentration of national and local media in Maputo 
city and province, mirroring lopsided socio-economic development 
nationwide. Furthermore, a 1997 census revealed that 60.5 percent of 
citizens over age 15 are illiterate in any language and 70 percent of 
the population over 5 years of age do not speak Portuguese, which 
further limits the reach of the media beyond Maputo.
    Article 19, a United Kingdom-based NGO, reported that the 
independent media are constrained by the high cost of newsprint, 
distribution, and equipment. It claimed that publications close to the 
Government have an advantage in securing exemptions from customs 
duties. In September UNESCO's Media Diversity Project announced that it 
would assist 24 private sector print and faxed journals from all 
provinces to lower their paper costs and strengthen their ability to 
negotiate better commercial arrangements with the now privatized Cegraf 
printing press in Maputo; however, this arrangement had not been 
finalized at year's end.
    The National Union of Journalists (SNJ) continued to work with the 
Austrian Institute for North-South Development to improve working 
relationships between journalists and police officers. The SNJ defended 
the state-owned Diario de Mozambique journalists' right to strike for 
back pay and benefits in Beira.
    Final debate on recommendations that membership in the media 
watchdog committee, the Higher Council of Social Communications (CSCS), 
be redefined to eliminate majority control by governmental appointees 
was deferred for another year. The CSCS was among the several 
organizations, including a joint operation by the LDH and Article 19, 
which monitored media fairness during the December presidential and 
parliamentary elections. The CSCS did not issue an evaluation of the 
elections by year's end.
    The Prime Minister's weekly press conferences are important 
opportunities for journalists to discuss politics and government 
policies; however, they were suspended during the electoral campaign. 
The Prime Minister's information office seeks to facilitate 
international press access to key government officials and to provide 
policy guidance on how new media should be regulated. The Prime 
Minister's information office continues to monitor press content 
informally.
    There are no formal restrictions on academic freedom. Private 
educational institutions, both church-related and secular, are well 
established and continued to expand in several cities. A new Islamic 
University announced in 1998 is not yet in active development. Students 
from Catholic University again served as election monitors during the 
year.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally respects 
this right in practice. The law regulates public demonstrations but 
does not apply to private gatherings held indoors and by individual 
invitation, nor does it cover religious gatherings or election 
campaigning.
    The law specifies some time limitations on the exercise of the 
right to gather or demonstrate peacefully. The law states that marches, 
parades, and processions cannot be held on Saturdays, Sundays, 
holidays, or between 5:00 p.m. and 12:30 a.m. on other days. The law 
provides for possible exceptions to this regulation, if justified, but 
such decisions are not made in an open and established manner. Further, 
the law states that any organizers of gatherings or demonstrations must 
submit a notice to civil and police authorities with at least 10 
signatures, for the holding of any such demonstration, along with a 
justification of the purpose of the gathering. The law stipulates that 
the Government must reply to any such request within 2 days of 
receiving the request, and that no reply within this period shall be 
understood to mean governmental acceptance. During the election 
campaign, political parties were not required to request authorization 
to hold political rallies.
    The law provides for freedom of association; however, both the 
Government and the law imposed some limits on this right. Legislation 
promulgated in 1991 sets forth the process for the registration of 
political parties. There are over 20 registered, active political 
parties. Under 1992 legislation, a political party must demonstrate 
that it has no racial, ethnic, or religious exclusiveness and secure at 
least 2,000 signatures of citizens in order to be recognized.
    The Government requires nonpolitical groups such as NGO's and 
religious organizations to register. In 1998 the Government issued a 
decree regulating the registration and activates of foreign NGO's. 
NGO's must register their presence and scope of work with the Ministry 
of Foreign Affairs; the Ministry then issues permits to those NGO's 
whose programs the Government decides complement its priorities. 
Observers believe that these new requirements worsen the already 
lengthy bureaucratic process that NGO's must follow to work in the 
country. Although the registration process is not always transparent 
and can take many months, the authorities rarely reject applications 
from new associations. The law forbids religious parties from 
organizing;however, there were no reports of government attempts to 
impede the right of association for political purposes during the year.
    c. Freedom of Religion.--The Constitution provides that all 
citizens have the freedom to practice or not to practice a religion, 
and gives religious denominations the right to pursue their religious 
aims freely, and the Government generally respects these rights in 
practice.
    The 1989 Law on Religious Freedom requires religious institutions 
and missionary organizations to register with the Ministry of Justice, 
reveal their principal source of funds, and provide the names of at 
least 500 followers in good standing. No particular benefits or 
privileges are associated with the registration process. The Government 
requires foreign missionaries to register with the Office of Religious 
Affairs in the Ministry of Justice, but routinely grants visas and 
residence permits to them.
    In February police detained a Pakistani imam for questioning in 
connection with a murder (see Section 1.d.). The media reaction to the 
detention sparked sharp public debate (see Section 5).
    The law governing political parties specifically forbids religious 
parties from organizing, and any party from sponsoring religious 
propaganda.
    The Constitution gives religious groups the right to own and 
acquire assets, and these institutions are allowed to operate schools. 
While virtually all places of worship nationalized by the State in 1977 
have been returned to the respective religious organizations, the 
Catholic Church and certain Muslim communities complained that some 
other properties such as schools, health centers and residences 
unjustly remain in state hands, and continued to press for the return 
of such properties. The Government claimed that all ``erroneously'' 
nationalized properties have been returned. These complaints and the 
Government's responses to them have been aired in the press and debated 
in Parliament. The Conference of Catholic Bishops repeatedly raised 
this issue in its regular periodic meetings with the President, noting 
that many properties remain in state hands. In April an independent 
newsletter published a list of properties that the Government has 
failed to return, including Catholic schools and seminary properties in 
Inhambane, Maputo, Niassa, and Zambezia provinces, and a Muslim school 
in Sofala province. In 1998 the Catholic Church successfully negotiated 
for the return of many educational, social, and residential facilities 
that had remained in state hands.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for the right 
to live anywhere within national territory and to travel within the 
country and abroad; however, at times authorities infringed on these 
rights.
    Police traffic checkpoints occasionally affected freedom of 
movement, sometimes for security concerns. In an effort to reduce 
harassment and confiscation of travelers' possessions at the borders, 
customs supervisors levied disciplinary fines and fired abusive customs 
agents. In large cities, the police often stop foreign pedestrians and 
order them to present original passports or resident papers, sometimes 
refusing to accept notarized copies, and fining those who failed to 
show proper documents (most persons do not like to carry the originals 
of documents due to the risk of theft). Police also detained local 
citizens routinely for failure to carry identity papers and demanded 
bribes (see Section 1.d.).
    The law includes provisions for the granting of refugee and asylee 
status in accordance with the provisions of the 1951 U.N. Convention 
Relating to the Status of Refugees and its 1967 Protocol. Mozambique 
continued to offer shelter to approximately 370 refugees from 7 African 
countries and Cuba in cooperation with the U.N. High Commissioner for 
Refugees (UNHCR). The Government operates two transit centers near 
Maputo. Niassa and Tete provinces have scattered groups of transients 
from Burundi, Rwanda, Angola, Somalia, and Liberia. Due to the 
heightened conflict in the Democratic Republic of Congo, there were 
additional refugees in Niassa province. Refugee camp conditions 
continued to be poor, and some refugees claim to fear attack by fellow 
refugees on the basis of ethnicity. The UNHCR makes alternative shelter 
available to those who feel threatened. The Government offers first 
asylum, and offered it to some refugees during the year.
    There were three cases of voluntary repatriation and no reports of 
the forced return of persons to a country where they feared 
persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to elect their 
representatives in universal, direct, secret, and periodic elections, 
and in December citizens freely exercised their right to vote in the 
country's second multiparty general elections that international 
observers considered to be generally free and fair; however, the 
elections were marred by allegations of vote counting irregularities. 
President Chissano was returned to office with approximately 52 percent 
of the vote, and the ruling FRELIMO party won 133 of the 250 assembly 
seats. The largest opposition group, RENAMO-UE, made a strong showing 
in the elections, winning 117 seats in the Assembly and 48 percent of 
the presidential vote. Prior to the election, FRELIMO party members 
held all Cabinet positions and provincial governorships, since the 
President appoints governors. New cabinet members and governors had not 
been appointed by year's end.
    In September in an extraordinary session, the Assembly amended the 
electoral law by consensus to permit the general elections to be held 
on December 3-4. In November the Supreme Court overruled the National 
Election Commission and allowed the FUMO party to join the RENAMO-UE 
opposition coalition (see Section 1.e.).
    Voter registration commenced on July 20 for 60 days. Despite some 
minor technical difficulties, including long lines and missing 
equipment, the registration process ran smoothly. Approximately 85 
percent of the eligible voting population registered to vote. The 6-
week campaign period was marked by some sporadic violence attributable 
to both FRELIMO and RENAMO-UE supporters (see Section 1.c.), although 
at significantly reduced levels than during the 1994 elections. Leaders 
of both parties called for an end to the violence.
    According to international and domestic observers, the voting 
process was transparent, peaceful and orderly with approximately 75 
percent of the population participating; however, international and 
domestic observers complained of a lack of full access to the vote 
count and the opposition coalition RENAMO-UE charged that there was 
fraud in the vote-counting process. There were a significant number of 
ballots on which preferences were unclear, largely due to illiteracy, 
which required interpretation by the Electoral Commission. The 
Commission also did not count tally sheets from several hundred polling 
stations at both the provincial or national level due to mathematical 
errors, omissions, and other problems. International observers were not 
given full access to the process of examining the contested ballots and 
tally sheets, or to the vote counting. RENAMO-UE charged that this 
affected them disproportionately because tally sheets were discarded 
from provinces where RENAMO-UE support was strong. RENAMO-UE took this 
issue and several others to the Supreme Court on December 23, and a few 
days later the Court unanimously rejected RENAMO-UE's complaints, 
acknowledging that there were some minor irregularities but concluding 
that these did not change the results of the elections.
    Article 19 and the LDH monitored media coverage of the national 
electoral campaign. Radio Mozambique generally presented balanced 
coverage, whereas TVM was biased towards the ruling party. The 
government-supported newspapers Noticias, Diario de Mozambique, and 
Domingo demonstrated pro-government partisanship. The National Election 
Commission was criticized for categorizing these government-supported 
newspapers as private-sector media, thereby exempting them from the 
electoral law's requirement that public media provide fair and balanced 
treatment of all parties during the electoral campaign.
    There are no legal restrictions hindering women's involvement in 
government; however, women are underrepresented in government and 
politics. Cultural factors inhibit women's effectiveness in public life 
(see Section 5). There were 62 women in the 250-member National 
Assembly, one female Cabinet minister, and three female vice ministers, 
before the December elections. The new National Assembly was not sworn 
in by year's end, nor had the President appointed a new Cabinet. 
FRELIMO's policy mandates that at least 30 percent of the party's two 
governing bodies must be women. During the year, the Political 
Commission met this mandate, while the Central Committee fell short by 
about 2 percent.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no legal obstacles to the formation of domestic human 
rights groups, although registration procedures applying to NGO's are 
onerous and expensive (see Section 2.b.). In October a new 
organization, the DHD, published the first edition of what is to be an 
annual report on human rights conditions in the country. The report's 
critical assessment gave particular emphasis to problems in the 
judiciary, conditions in prisons, and arbitrary arrest and detention of 
citizens. Among the complaints were alleged police killings, domestic 
violence, labor disputes, andland title conflicts. The DHD and the LDH 
conduct human rights education seminars and workshops for a wide range 
of audiences including political parties, security agencies, 
businesses, and NGO's.
    The Government responded to human rights-related inquiries from 
Amnesty International, Transparency International, the LDH, and the DHD 
on a case-by-case basis. Other rights-oriented groups also have had 
contact with the Government.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution forbids discrimination based on race, sex, 
religion, or disability; however, in practice discrimination against 
women and the disabled persists.
    Women.--Although official statistics are not kept, according to 
health officials, women's groups, and other sources, domestic violence 
against women--particularly rape and beating--is widespread. Many women 
believe that their spouses have the right to beat them, and cultural 
pressures discourage women from taking legal action against abusive 
spouses. There is no law that defines domestic violence as a crime; 
however, domestic violence can be prosecuted under other crimes such as 
rape, battery, and assault. During the year, the NGO Women, Law, and 
Development (MULEIDE) registered 300 requests for assistance in cases 
involving domestic violence, of which 70 were forwarded to the courts. 
The police normally do not intervene in domestic disputes. Hospitals 
usually do not ascribe evidence of physical abuse to domestic violence. 
The DHD report on human rights conditions released in October gave 
particular emphasis to the problem of domestic violence (see Section 
4).
    A group of women's NGO's, including Women in Law and Development, 
Mozambican Women in Education, Women in Judicial Careers, and the 
FRELIMO-sponsored Mozambican Women's Organization, support the 
organization Everybody Against Violence, which serves as a monitoring 
and educational group for issues of domestic violence and sexual abuse 
of women and children, including counseling of victims and mediating 
within families. The organization continued to expand during the year. 
All NGO's actively opposing domestic violence worked to involve police 
in education, enforcement, and identifying domestic violence as a 
public order problem.
    Despite constitutional provisions for the equality of men and women 
in all aspects of political, economic, social, and cultural life, the 
civil and commercial legal codes contradict one another and the 
Constitution. Under the law of the Family and Inheritance, the husband 
or father is the head of household, and both wives and daughters must 
obtain male approval for all legal undertakings. For example, a woman 
must have the written approval of her husband, father, or closest male 
relative in order to start a business. Without such approval, a woman 
cannot lease property, obtain a loan, or contract for goods and 
services. The legal domicile of a married woman is her husband's house, 
and she may work outside the home only with the express consent of her 
husband. While it appears that these legal restrictions on women's 
freedom are not enforced commonly, especially in the informal economy, 
they leave women open to extortion and other pressures.
    Family law provides that a married couple's assets belong to the 
husband, who has full authority to decide on their disposition. When a 
husband dies, his widow is only fourth in line (after sons, fathers, 
and brothers) to inherit the household goods. A contradictory provision 
of the law states that a widow is entitled to one-half of those goods 
that are acquired during the marriage, but in practice women rarely 
know of or demand this right.
    Customary law varies within the country. In some places, it appears 
to provide women less protection than family law, and unless a marriage 
is registered, a woman has no recourse to the judicial branch for 
enforcement of the rights provided her by the civil codes.
    A new Land Law was adopted in 1997; sections pertaining to rural 
areas came into force in 1998, and those related to urban areas became 
effective during the year. The law is expected to have a significant 
effect on women, who are the primary cultivators of family land. Under 
customary law, they often had no rights to the disposition of the land. 
The revised Land Law specifically permits women to exercise rights over 
community land held through customary rights. However, domestic NGO's 
such as the Rural Women's Development Association and Rural Mutual 
Assistance Association have cautioned that a considerable investment of 
time and education would be necessary before the new rights granted to 
women would supersede traditional practice.
    The Constitution grants citizenship to the foreign-born wife of a 
male citizen, but not to the foreign-born husband of a female citizen.
    Women continued to experience economic discrimination in practice. 
Women constitute slightly more than half the population but are 
responsible for two-thirds of economic production, according to the 
1997 census. The Presidential Minister for Social and Economic Affairs 
reported that women in the workplace receive lower pay than men for the 
same work. According to Members of Parliament who debated the proposed 
revision of the Labor Law, women are subject to sexual harassment and 
to discrimination in hiring because of potential absences on maternity 
leave; although the Labor Law entitles a woman to 60 days of maternity 
leave, employers often violate this right. The Government continued to 
target maternal and child health and focused on immunizations for women 
in childbearing years and for young children. The Ministry of Health 
estimates that the rate of maternal mortality is 662 per 100,000. 
Numerous other health and community development NGO's also emphasize 
programs to improve women's health and increasingly are looking to 
combat the spread of HIV/AIDS and related health problems.
    Children.--The Government has made children's rights and welfare a 
priority, but admits that some children are in trouble. Primary 
education is not compulsory. More than 1000 new primary schools opened 
during the year throughout the country; however, schools are 
overcrowded, and there is much corruption in the school system. 
Newspapers frequently reported that the parents of school children had 
to bribe teachers, or that girls exchanged, or were forced to exchange, 
sex with teachers for passing grades. The 1997 census estimated that 
some 50 percent of children of ages 6 through 10 are in primary school. 
Only a fraction of children continue with secondary studies.
    An NGO, the Association for Mozambican Children (ASEM), opened 2 
alternative-learning centers during the year for more than 900 children 
who were not able to return to their regular schools after being 
expelled from their homes or because they had left school to work. 
During the year, the Government supplied ASEM with textbooks.
    Girls continued to have less access to education than boys above 
the primary level: 42 percent of students in grades 1 through 5 were 
girls, and 40 percent of students in grades 6 through 10 were girls. 
The percentage increased to 48.4 percent for grades 11 and 12. However, 
there are only 82 public secondary schools nationwide, of which only 18 
offer classes through grade 12. About 76 percent of females over 15 
years of age are illiterate. Outside the main cities, secondary schools 
are fewer, and where boarding is required for attendance, the number of 
female students drops significantly. In a case that gained national 
attention in 1998, residents of Morrumbene district in Inhambane 
Province demanded the exclusion of girls from the dormitories at the 
Cambine secondary school. In the absence of separate boarding 
facilities, local residents blamed schoolgirls for immoral behavior in 
the community and pressured authorities to comply with the illegal 
demand, which effectively prevented many girls from attending the 
school. The few out-of-town girls who remained to study were forced to 
live in unprotected shacks.
    NGO's and the Government took some steps to protect and reintegrate 
into families or other supervised conditions an estimated 3,000 street 
children in the Maputo metropolitan area. Street children sometimes are 
beaten by police and frequently are victims of sexual abuse. Some 
remedial government programs continued, including programs on 
education, information dissemination, health care, and family 
reunification. The 1997 census found that the mortality rate for 
infants was 145 per 1,000, and for children under the age of 5 it was 
116 per 1,000. The Maputo City Social Action Coordination Office 
continued its program of rescuing abandoned orphans and assisting 
single mothers who head families of three or more persons. The same 
group offered special classes to children of broken homes in local 
schools. Other NGO groups sponsored food, shelter, and education 
programs in all major cities. The Association for Mozambican Children, 
in Beira, also provided counseling to parents who have expelled 
children from their homes, usually when a wife has children 
unacceptable to a new husband.
    Social workers found that some parents of disabled children in 
several districts, including the populous towns of Gorongosa and Dondo, 
did not permit their children to leave their homes. In 1998 social 
workers made similar findings in Sofala. Provincial social action 
officials continued their educational campaign to reverse traditional 
attitudes toward disabled children.
    Authorities in several provinces took steps to combat child 
prostitution; however, sexual abuse and exploitation of children below 
the age of 15 continued (see Sections 6.c. and 6.f.). In Sofala 
province, where child prostitution flourishes along the Beira 
development corridor (frequented by truck drivers,businessmen, and 
tourists), the Government established information centers in affected 
areas to provide information to families and friends of children who 
are raped and exploited, and counseled them on how to deal with the 
police, public prosecutors, and judges.
    In May an Africa-wide conference on child soldiers was held in 
Maputo to consider the reintegration of child soldiers into civil 
society. The resulting ``Maputo Declaration'' called for an end of the 
use of child soldiers and for pressure to be placed on nations in 
violation. The conference was supported by the Government, political 
parties, and religious organizations. The NGO Restore Hope was 
successful in obtaining a promise from the Defense Ministry that former 
child soldiers would not be conscripted.
    There were reports that children often were used as bargaining 
chips to settle financial and other disputes in rural areas (see 
Sections 6.c. and 6.f.). According to Domingos do Rosario, a 
sociologist with the Cultural Patrimony Department, children sometimes 
were used as labor to settle outstanding economic accounts in rural 
areas.
    There are numerous reports that children are incarcerated with 
adults in prisons throughout the country (see Sections 1.c. and 1.e.).
    People with Disabilities.--The Constitution states that ``disabled 
citizens shall enjoy fully the rights'' that it provides for; however, 
the Government provided few resources to implement this provision. 
Representatives of disabled groups and wounded veterans frequently 
protested that societal discrimination continues against the disabled. 
Victims of landmine detonations are among the most visible disabled 
citizens. About 1.9 percent of citizens are physically or mentally 
disabled.
    Disabled women protested in 1998 that the Government only provided 
four schools nationwide for hearing and vision impaired persons and for 
the physically and mentally disabled. There are few job opportunities 
for disabled persons in the formal sector, although the 1997 census 
reported that 55 percent of disabled persons worked or held a job.
    Social workers found that some parents of disabled children in 
several districts, including the populous towns of Gorongosa and Dondo, 
did not permit their children to leave their homes. Provincial social 
action officials continued their educational campaign to reverse 
traditional attitudes toward disabled children.
    The Government continued to rely on NGO's to assist the disabled. 
Founded in 1991, the Association of Mozambican Disabled addresses 
social and economic needs of the disabled. Smaller NGO's also have 
formed, notably the Association of Handicapped Military and 
Paramilitary Mozambicans, which represents disabled demobilized 
soldiers, and the Association of Blind and Visually Impaired 
Mozambicans. There is a new organization in Pemba for hearing-impaired 
persons.
    On June 23, the Cabinet issued a resolution that approved the first 
national policy on disabled persons, and laid out principles and 
strategies aimed at encouraging their active participation in the 
country's socio-economic development. The plan is scheduled to be 
implemented in 2000 and would address, in part, concerns of the 
disabled regarding access to public buildings and the government 
infrastructure.
    A major concern of the disabled is accessibility to buildings and 
transportation. The only provisions that the Government has enacted for 
accessibility to buildings and transportation for the disabled were in 
the electoral law governing the country's first multiparty elections, 
which addressed the needs of disabled voters in the polling booths. 
Special access facilities are rare.
    Religious Minorities.--Relations among communities of different 
faiths generally are amicable, especially at the grassroots level. 
However, there has been a longstanding racial division within the 
Muslim community, particularly between black and Indian Muslims.
    In February the police detained and questioned a Pakistani imam in 
connection with a murder (see Sections 1.a and 2.c.). In April a state-
owned newspaper stated in a series of poorly documented articles that 
the imam had confessed to the crime. The newspaper's allegations 
unleashed an intense debate in Parliament and the media and included 
accusations that the press was anti-Muslim, that black Muslims and 
Indian Muslims harbored racial prejudices against each other, and that 
Indian Muslims were involved in drug trafficking and organized crime.
    National/Racial/Ethnic Minorities.--There was no systematic 
persecution or discrimination on the basis of race or ethnicity; 
however, the FRELIMO Government traditionally has included at all 
levels a large number of southerners, mostly from the Shangaan ethnic 
group, which has engendered complaints from residents of other parts of 
the country. There also were complaints against the Government that it 
favors economic development in the southern part of the country over 
other areas. To address such complaints, the Government has taken some 
steps to correct the imbalance since the 1994 elections by appointing 
provincial governors native to their respective provinces. The 
Government also includes in senior positions persons originally from 
the northern part of the country.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides that all 
workers are free to join or refrain from joining a trade union, and 
workers enjoy these rights in practice. Labor relations are governed by 
the 1991 Labor Law, which protects workers' rights to organize and 
engage in union activities, and the 1985 Labor Law which was revised 
and promulgated in 1998. Some observers fear that free trade zones 
created under the revised 1998 law would refuse to honor existing 
rights.
    Until 1992 the only trade union federation was the Organization of 
Mozambican Workers (OTM), which was affiliated with, and dominated by, 
the FRELIMO party. Three unions broke away from the OTM in 1992, and by 
1994 had formed their own central union, the Free and Independent Union 
of Mozambique (SLIM). In January the Ministry of Labor recognized this 
second central union as a legal entity, known as the Confederation of 
Free and Independent Unions of Mozambique (CONSILMO). CONSILMO is 
permitted to participate in national negotiations on the minimum wage 
with the Consultative Labor Commission, a body including 
representatives from labor, private employers, and Government. CONSILMO 
maintained the SLIM's working relationship with the OTM, and includes 
the powerful 28,000-member Sinticim construction trades union, an early 
champion of the rights of female workers.
    In 1994 the OTM declared itself free of commitments to any 
political party, companies, or religious groups, and ruled that members 
affiliated with any political party could not hold elected union 
offices. Independent unions maintain that the OTM is not independent of 
the Government. A new organization, the Committee of Women Workers, 
protested the industrial trend of laying off women before men whenever 
possible, citing the loss of 120 jobs in Sofala alone during the year.
    The Constitution explicitly provides for the right to strike, with 
the exception of civil servants, police, military personnel, and other 
essential services (which include sanitation, fire fighting, air 
traffic control, health care, water, electricity, fuel, post office, 
telecommunications, and grave digging). In January unskilled 
construction workers struck at the Mozal Aluminum smelter project in 
protest of certain allegedly unsafe working conditions, and to protest 
their perception of a wage disparity with marginally more skilled 
workers brought in from South Africa. The dispute lasted a few days and 
was resolved after a pledge by Mozal managers to heighten job site 
occupational safety.
    Provisions of the 1991 Labor Law forbid retribution against 
strikers, the hiring of substitute workers, and lockouts by employers. 
Specific labor disputes generally are arbitrated through special 
workers' committees, formally recognized by the Government.
    Two members of the workers' committee of a security services 
company were suspended from their duties after giving advance 
notification of a January 1998 strike action to company management. The 
law specifies that strikers must notify police, government, union, and 
employers 48 hours in advance of intended strikes. The firm charged the 
two with illegally representing employees who were protesting the 
company's failure to answer a wage and benefits appeal made in late 
1997 and with allegedly assaulting company managers. Their case has not 
yet been resolved.
    The Constitution and labor legislation give unions the right to 
join and participate in international bodies. The OTM is a member of 
the Organization of African Trade Union Unity and the Southern African 
Trade Union Coordinating Council.
    b. The Right to Organize and Bargain Collectively.--The Labor Law 
protects the right of workers to organize and engage in collective 
bargaining. It expressly prohibits discrimination against organized 
labor. In 1991 the Government decreed that it would no longer set all 
salary levels. Negotiation of wage increases was left in the hands of 
existing unions. The Consultative Commission on Labor met periodically 
to negotiate changes in the minimum wage. In 1998 for the first time 
since independence, the country's banks, which are entirely privatized, 
signed a collective bargaining agreement, regulating the labor 
relationship between bank management and staff.
    The law provides for the creation of export processing zones 
(EPZ's); however, no firms began production in an EPZ during the year.
    c. Prohibition of Forced or Compulsory Labor.--Forced or compulsory 
labor is prohibited by law; however, while there were no reports of 
such practices in the formal economy, there were reports that persons 
were trafficked into neighboring countries (see Section 6.f.). The law 
does not prohibit forced and bonded labor by children specifically, and 
such practices occur, especially within an extended family. Children in 
rural areas sometimes are used as labor to settle economic accounts, 
with their families delegating their children to work limited periods 
of time (see Sections 5, 6.d., and 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Ministry of Labor regulates child labor, although 
there are no specific child labor statutes. In rural areas, children 
sometimes work alongside their parents or independently in seasonal 
harvests on commercial plantations. Employers normally do not pay 
children wages for such work, but compensate them with gifts such as 
school supplies and books.
    In the wage economy, the minimum working age is 18 years. The 
recently revised Labor Law sets the minimum age at 15. Children between 
the ages of 15 and 18 may work with the permission of their parents and 
the Ministry of Education. Children younger than the age of 15 are not 
permitted to work. The minimum wage laws apply and the maximum workweek 
for children is 38 hours.
    Because of high adult unemployment in the formal sector, estimated 
at around 50 percent, few children are employed in regular wage 
positions; however, children, including those under age 15, commonly 
work on family farms or in the urban informal sector, where they 
perform such tasks as ``guarding'' cars, collecting scrap metal, or 
selling trinkets and food in the streets. The informal labor sector is 
unregulated. Children also are employed in domestic positions, and in a 
September newspaper survey, labor union representatives noted the 
growing presence of children in construction jobs.
    Primary education is not compulsory, and less than 50 percent of 
school-age children attend classes. Children not in school frequently 
are employed in the agricultural and casual labor sectors.
    The law does not specifically prohibit forced and bonded labor by 
children, and such practices are known to occur in rural areas (see 
Sections 5, 6.c., and 6.f.).
    e. Acceptable Conditions of Work.--The industrial minimum wage of 
approximately $35 (450,000 meticais) per month, is set by ministerial 
decree, although the level is recommended through an administrative 
process. There is also an agricultural minimum wage of about $24 
(305,000 meticais), which is set by ministerial decree after informal 
consultation with agricultural unions. Neither minimum wage is 
considered sufficient to provide a decent standard of living for an 
average worker and family, and many workers must turn to a second job, 
if available; maintain their own gardens; or depend on the income of 
other family members to survive. The OTM calculates that the real 
minimum wage fell 33 percent in the past decade.
    The Ministry of Labor is responsible for enforcing the minimum wage 
rates in the private sector, and the Ministry of Finance in the public 
sector. Violations of minimum wage rates usually are investigated only 
after workers register a complaint. It is customary for workers to 
receive benefits such as transportation and food in addition to wages. 
There is an obligation for workers or employers to participate in a 
social security scheme, although they voluntarily may create and 
contribute to private accounts or plans with the National Institute of 
Social Security, to cover retirement, unemployment compensation, and 
emergency benefits. Worker complaints grew of employers deducting 
socialsecurity contributions from wages but failing to pay them into 
accounts.
    The standard legal workweek is 44 hours, with a weekly 24-hour rest 
period.
    In the small formal sector, the Government has enacted health and 
environmental laws to protect workers. However, the Ministry of Labor 
enforces these laws ineffectively, and the Government only occasionally 
has closed firms for noncompliance. The Labor Ministry reported 730 
industrial accidents during the year, with 36 deaths. Most of these 
accidents were blamed on unsafe practices or the lack of safety 
equipment. During the parliamentary debate in 1998 on revision of the 
Labor Law, delegates noted that there continued to be significant 
violations of labor legislation in many companies and services. Workers 
have the right to remove themselves from work situations that endanger 
their health or safety without jeopardy to their continued employment.
    f. Trafficking in Persons.--There are no specific laws that 
prohibit trafficking in persons, although trafficking can be addressed 
under labor, immigration, and child welfare laws; however, there were 
credible reports that there is some trafficking in persons, primarily 
women and children, to South Africa and Swaziland. Both countries 
apparently offer economic opportunities that attract poor women and 
children, who sometimes are victimized by traffickers. On occasion, the 
media reported that citizens worked in foreign countries for low wages 
or in poor conditions. In August there were several press reports about 
the discovery of a group of Mozambican women held against their will in 
a brothel in South Africa. The women had been recruited in Mozambique 
to work as domestic servants, and after they arrived in South Africa 
they were forced to work as prostitutes. There have been other credible 
reports that citizens were lured into South Africa by Nigerian and 
other organized crime syndicates based in South Africa by promises of 
jobs and decent wages, and then held as near-slaves on farms and other 
enterprises.
    There were reports that children in rural areas often were used as 
bargaining chips to settle financial and other disputes in rural areas 
(see Sections 5 and 6.c.). Families delegate their children to work 
limited periods of time to settle economic debts.
                                 ______
                                 

                                NAMIBIA

    Namibia is a multiparty, multiracial democracy. President Sam 
Nujoma, leader of the South West Africa People's Organization (SWAPO), 
was reelected in November 30-December 1 general elections, which 
international and domestic observers agreed were free, but included 
some instances of government harassment of the opposition and unequal 
access to media coverage and campaign financing. Although the 
Constitution formerly limited the President to two terms in office, in 
November 1998, the National Assembly passed a bill to amend the 
Constitution to permit President Nujoma to run for a third term. 
President Nujoma won 77 percent of the vote and SWAPO won three-
quarters of the seats in the National Assembly. In the wake of an 
August attack by the Caprivi Liberation Army (CLA), President Nujoma 
invoked Article 26 of the Constitution to declare a state of emergency, 
which for more than 3 weeks suspended certain fundamental 
constitutional freedoms. The judiciary is independent.
    The police, including the paramilitary Special Field Force, 
supervised by the Ministry of Home Affairs, and the Namibian Defense 
Force (NDF), supervised by the Ministry of Defense, share 
responsibility for internal security. Approximately 2,000 NDF soldiers 
were sent to the Democratic Republic of Congo (DROC) in 1998 and 
remained there throughout the year. The civilian authorities generally 
maintain effective control over the security forces; however, members 
of the police force committed numerous, serious human rights 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. The principal exports are diamonds 
and other minerals, cattle, and fish. Mining, ranching, and fishing--
the mainstays of the market sector--still are controlled largely by 
white citizens and foreign interests. However, government policy has 
been to ``Namibianize'' the fishing sector, so that an increasing 
number of indigenous entrepreneurs are able to participate, and to 
provide opportunities for black citizens in the potentially lucrative 
and labor-intensive tourism industry. Per capita annual gross domestic 
product is $1,860. However, there remains a wide disparity between 
income levels of black citizens and white citizens. White citizens have 
an average per capita income of $14,000 a year, while many of the 
poorest black citizens earn just $165 a year. Unemployment was nearly 
40 percent and affected primarily the black majority.
    The Government generally respected the human rights of its 
citizens; however, there were serious problems in several areas. 
Members of the security forces committed several extrajudicial 
killings. The Government did not account for the whereabouts of some 
persons detained by the security forces. Security forces beat suspects 
during arrest and while in custody during operations in the Caprivi 
region. Security forces beat citizens and Angolan refugees during 
security operations in both Kavango and Caprivi that were the result of 
fighting between Angola government troops and National Union for the 
Total Independence of Angola (UNITA) forces along the border with 
Angola. There were other reports of police mistreatment of suspects in 
detention. Prison conditions remain harsh, but the Government took some 
steps to improve conditions. The Government arbitrarily arrested and 
detained citizens under the state of emergency. Lengthy pretrial 
detention is a problem. A large court backlog continues to lead to 
lengthy delays of trials.
    In the wake of the August attack by the CLA, President Nujoma 
declared a state of emergency pursuant to Article 26 of the 
Constitution, and granted security forces wide-ranging powers. Many of 
the fundamental freedoms contained in the Constitution were suspended, 
including freedom from detention without trial, search and seizure 
without a warrant, and confiscation of property. The decree also 
limited freedom of assembly, freedom of movement, and other political 
rights. In practice, these measures generally were confined to the 
Caprivi region, although several suspects were detained outside the 
region. The Government announced the termination of the state of 
emergency at midnight on August 25.
    The Government still refuses to provide a full accounting of 
missing detainees who were in SWAPO camps before independence. In 1997 
the Government rejected a request by the South African Truth and 
Reconciliation Commission to hold hearings in Namibia. High-level 
government officials continued to use abusive language in responding to 
criticism of ruling party and government policies. The Prime Minister 
singled out for criticism a human rights lawyer who provided to the 
media photographic evidence that security forces seriously beat his 
client. The President and other high-level government and ruling party 
officials made a number of verbal attacks on the press, nongovernmental 
organizations (NGO's), and opposition parties. There continued to be 
pressure on journalists who worked for government-owned media outlets 
not to report critically on the Government. There continued to be a ban 
on all public demonstrations that did not have prior police approval. 
The authorities continued to deport military-age Angolan illegal 
immigrants and Angolan refugees without judicial review, as required by 
the law. This led the National Society for Human Rights (NSHR) to 
charge the police with assisting the Angolan Government in its 
conscription efforts. More than 1,000 refugees, of the 2,500 persons 
who fled heavy-handed security force operations in the Caprivi region 
in 1998, remained in Dukwe refugee camp in Botswana. Attempts by the 
United Nations High Commissioner for Refugees (UNHCR) to repatriate 
some of the refugees were suspended after the CLA attack on August 2. 
The refugees told the UNHCR that they feared ongoing security 
operations and possible retribution by security forces should they 
return to Caprivi.
    Although violence against women and children, including rape and 
child abuse, continued to be serious problems, the President, members 
of his Cabinet, and parliamentarians have spoken out forcefully on 
these problems, which received significant attention at all levels of 
government. Courts are handing down much more severe sentences to 
convicted rapists and child abusers; however, problems remain with 
court testimony by vulnerable witnesses. Women married under customary 
law continued to experience serious legal and cultural discrimination. 
In a June 1998 speech to traditional chiefs, President Nujoma called on 
the leaders to protect the rights of women in rural areas. However, 
relatively little has been done to elevate women to high-level 
positions in government and the ruling party, despite promises by the 
President to nominate more women. Racial and ethnic discrimination and 
glaring disparities in education, health, employment, and working 
conditions continued, despite sustained efforts by the Government to 
reduce them. Discrimination against indigenous persons persists, 
especially in remote rural areas where indigenous persons often are 
unaware of their rights.
    Members of the Caprivi Liberation Army (CLA) committed serious 
abuses, including several extrajudicial killings. UNITA rebels from 
Angola reportedly were responsible for a number of civilian deaths in 
the country. Elements of the Armed Forces of Angola (FAA) beat Namibian 
citizens and Angolan refugees, and committed at least one rape.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Members of the 
security forces committed several extrajudicial killings. In November a 
police officer in Okahandja beat to death while in custody a student 
arrested for disorderly conduct. The police officer responsible was 
placed on administrative leave and the criminal case against him was 
pending at year's end.
    During security operations undertaken in response to a CLA attack 
in August, government forces killed eight CLA rebels, and members of 
the security forces--particularly the paramilitary police Special Field 
Force (SFF)--shot civilians and beat suspects during arrest and while 
in custody. Several civilians were killed or injured during fighting in 
neighborhoods of the Caprivi regional capital of Katima Mulilo and in 
subsequent security operations throughout the region. On August 8, 
security forces shot and killed Gilbert Tubaze Simasiku, a mentally-
impaired man who was walking along a street in Katima Mulilo and 
apparently failed to heed a security officer's request to stop. 
Simasiku died on August 9. On August 16, security forces shot and 
killed Dr. Lucas Ilonga on the compound of the Katima Mulilo state 
hospital. Ilonga apparently was running to respond to an emergency 
medical case and was mistaken for a CLA rebel by police. Despite 
promises by high-level officials, the Government took no action--either 
to enforce internal disciplinary measures or to press criminal 
charges--against perpetrators in the security forces by year's end.
    Several weeks before the August CLA attack, an officer of the SFF 
shot and killed a civilian named James Chilunda in the Caprivi village 
of Singalamwe on July 18, after an altercation between two SFF officers 
and villagers. The SFF officer was arrested on murder charges and is 
out on bail awaiting trial.
    In September two soldiers deployed with the NDF contingent in the 
DROC were convicted and sentenced by a Namibian court martial for 
killing two Congolese civilians in separate incidents in late 1998 and 
early during the year.
    In 1997 the Government admitted that since 1994 security forces 
along the northern border with Angola had killed seven civilians. One 
NDF officer was charged with murder and another was found guilty of 
culpable homicide; however, investigations into the other killings 
reportedly were dropped.
    On August 2, CLA rebels attacked military, police, and other 
government installations around Katima Mulilo. The attack resulted in 
the deaths of three soldiers, three police officers, and several 
civilians. Security forces responded by killing or capturing many of 
the rebels.
    UNITA rebels from Angola reportedly were responsible for a number 
of civilian deaths in the country.
    b. Disappearance.--During the Caprivi state of emergency, security 
forces detained hundreds of persons without giving public notice for 2 
weeks, but did publish a list of detainees 1 day after the 2-week 
constitutional deadline. Immediately before publishing its list of 
detainees, the Government deported 99 noncitizens to their countries of 
origin and released from detention 105 citizens. Those 204 persons were 
not enumerated on the final list. The NSHR charged that security forces 
failed to account for all those who were detained, and cited four 
specific individuals who were not accounted for: Louis Ndilwa Mbanga, 
who was detained on August 4; Kester Silemu Kabunga and Martin Sabo 
Chainda, who were detained on August 23; and Fidelis Sinvula, who was 
detained on August 25 (also see Section 1.d.).
    Human rights organizations, political parties, and the public 
continued to call for a full accounting of unexplained disappearances 
of persons detained by SWAPO prior to independence. In 1996 President 
Nujoma released the long-promised, official SWAPO memorial book, known 
as the Heroes Book, which lists the names of nearly 8,000 persons who 
died during the liberation struggle. Local human rights organizations 
harshly criticized the book, characterizing it as an unconvincing 
cover-up, and declared that the listing was fraught with inaccuracies 
and omissions regarding those who died or disappeared in SWAPO 
detention camps.
    In 1997 the Government formally rejected a request by the South 
African Truth and Reconciliation Commission to hold hearings in Namibia 
on disappearances of persons that occurred on both sides during the 
liberation struggle.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution provides that ``no persons shall be 
subject to torture or to cruel, inhuman, or degrading treatment or 
punishment''; however, in practice, prisoners sometimes were beaten or 
otherwise mistreated by police, especially by members of the SFF. In 
November a police officer in Okahandja beat to death while in custody a 
student arrested for disorderly conduct (see Section 1.a.). In October 
1998, security forces moved into the Caprivi region to break up an 
armed secessionist movement. There were reports that the SFF beat and 
detained civilians and looted property, and that the regular police 
shot and wounded civilians fleeing arrest. Caprivian refugees in 
Botswana claimed that security forces engaged in extrajudicial killings 
and rape. In December during security operations in Kavango and Caprivi 
due to an outbreak of fighting between Angolan government troops and 
UNITA in the Kavango region on the border with Angola, Namibian 
security forces beat and otherwise abused citizens and Angolan 
refugees.
    Security operations during the year in the Caprivi region included 
widespread abuse of civilians and detainees. Beatings with rubber 
whips, called sjamboks, and with rifle butts were inflicted during some 
arrests and while some detainees were incarcerated. Former 
parliamentarian Geoffrey Mwilima was arrested on August 4 on suspicion 
of supporting the CLA. During his arrest, security forces beat him 
severely with rifle butts and sjamboks, resulting in a broken jaw and 
extensive whip lacerations on his back. A diabetic, Mwilima also 
initially was denied medical care and food. The Legal Assistance Center 
(LAC) is to represent Mwilima and others in a suit against the 
Government. Human rights groups reported other cases as well. Security 
forces arrested NSHR activists Gabriel Mwilima and Joseph Muchali on 
August 2 and 6, respectively. Mwilima reportedly was beaten severely 
during his arrest. On August 19, Chrispin Sinfua was arrested on 
suspicion of supporting the CLA. According to press accounts, members 
of the security forces tied Sinfua's hands and feet and whipped him 
with sjamboks. Security forces apparently determined that Sinfua had no 
connection to the rebel attack and released him on August 23. Sinfua 
plans to bring a civil suit against the Government. As detainees were 
brought to court for bail hearings in late September, many exhibited 
evidence of extensive injuries inflicted by police during their 
detention, including detainees Oscar Lupalezwi, Stephan Ntelamo, and 
Allen Sameja. All three identified their abusers as police sergeant 
Patrick Liswani and two constables named ``Haipa'' and ``Oupa.'' 
Neither the executive or judicial branches of government had taken 
action against the police officers by year's end.
    During an August fact-finding mission to the region, Defense 
Minister Erkki Nghimtina admitted that the security forces had 
committed abuses and promised that they would not continue. On August 
17, after criticism from human rights groups, the Government announced 
that it had granted the Namibian chapter of the Red Cross access to the 
detainees. The Red Cross released its findings concerning detainee 
welfare only to the Government. A Defense Ministry spokesman confirmed 
that several incidents were being investigated internally and stated 
that if abuse was found to have been committed, internal military 
disciplinary action would be taken. A police spokesperson separately 
confirmed that the Police Complaints and Discipline Unit had initiated 
investigations into abuse of detainees, although no further action was 
taken against those responsible by year's end.
    In response to a case brought by a human rights NGO, the Supreme 
Court found in July that the use of leg irons at any time was 
unconstitutional and ordered security forces to discontinue their use.
    In several instances, supporters of the ruling party broke up 
opposition rallies, which at times led to injuries (see Section 3). For 
example, on November 25, SWAPO supporters in the town of Swakopmund 
threw rocks at a COD meeting site, injuring several persons. In some 
instances, police took no action to prevent the attacks or restore 
order, while in other cases, such as in Swakopmund, police officers 
intervened in attempts to restore order. SWAPO officials were unable or 
unwilling to restrain such attacks.
    In December during fighting between Angolan government troops and 
UNITA in the Kavango and Caprivi regions along the border with Angola, 
elements of the FAA beat Namibian citizens and Angolan refugees, and 
abused women. In December Namibian police discovered FAA soldiers 
raping an Angolan refugee woman near Rundu. No action was taken against 
the officers responsible.
    Prison conditions are harsh, although the Government focused 
greater attention on rehabilitation programs and vocational training 
for inmates. Human rights organizations continued tocomplain about 
prison overcrowding. In 1995 the Government created a Ministry of 
Prisons and Correctional Services, charged with administering the 
country's prisons and jails. The Government also made efforts to 
separate youthful offenders from adult criminals, although in many 
rural areas juveniles continued to be held with adults. There are 
several pilot programs that provide alternatives to incarceration for 
juvenile offenders.
    The Government continued to grant NGO's regular access to prisons 
and prisoners.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution forbids 
arbitrary arrest or detention except in situations of national 
emergency, and the Government generally respected these provisions in 
practice. According to the Constitution, persons who are arrested must 
be informed of the reason for their arrest and must be brought before a 
magistrate within 48 hours of their detention. Those accused are 
entitled to defense by legal counsel of their choice, and those who 
cannot afford a lawyer are entitled to state-provided counsel. However, 
in practice many accused persons in remote and rural areas are not 
represented by counsel, primarily due to resource constraints. A trial 
must take place within ``a reasonable time,'' or the accused must be 
released. Human rights organizations have criticized the length of time 
that pretrial detainees were held, which have stretched up to 1 year in 
some cases. Under a state of emergency, the Constitution permits 
detention without trial, although the names of detainees must be 
published in the government gazette within 14 days, and their cases 
must be reviewed within 1 month by an advisory board appointed by the 
President.
    In the wake of the August 2 CLA attack in Katima Mulilo, security 
forces detained hundreds of persons suspected of involvement with the 
CLA, or thought to be supportive of Caprivi independence. Security 
forces detained some persons merely for questioning. At an August 31 
press conference, the NSHR released a detailed list with the name, 
ethnic group, and date of detention of each of the 278 detainees, but 
expressed concern that its list was incomplete. Detainees were 
overwhelmingly from the Mafwe ethnic group of CLA leader Mishake 
Muyongo. While most detentions under the state of emergency occurred in 
the Caprivi region, on August 7-8, Albert Sibeya and Martin Sichimwa 
Mutumba were arrested in Ongwediva in north-central Namibia. The NSHR 
protested the use of emergency measures to detain suspects outside of 
the Caprivi region, and a lawyer for the two detainees announced that 
he would bring a constitutional case to have the arrests thrown out. 
While detainees theoretically are allowed access to legal counsel even 
under emergency rules, the Government initially denied Caprivi 
detainees this right. This right was limited further in practice 
because, for the first 2 weeks of detention, the Government is not 
obliged to reveal where detainees are being held. On August 17, the day 
after the constitutionally prescribed deadline, a list of 103 detainees 
was published in the government gazette. The Government also declared 
that 99 noncitizen state of emergency detainees had been deported to 
their countries of origin. Just prior to publishing its list, the 
Government released a large number of detainees. The names of those 
detainees, some held as long as 2 weeks, were not published.
    The NSHR charged that NAMPOL was assisting Angolan authorities in 
rounding up and extrajudicially deporting military-age Angolans in 
northern border towns. There were also reports that Zambians in the 
Caprivi region were suffering extrajudicial deportation (see Section 
1.b.).
    Some traditional leaders reportedly continued to detain and 
imprison persons accused of minor offenses without recourse to police 
or judicial review. In response the Government instructed traditional 
leaders on the legal limits of their authority.
    The Government generally does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government respects this provision in 
practice.
    The formal court system has three levels: 30 magistrates' courts, 
the High Court, and the Supreme Court. The latter also serves as the 
court of appeals and as a constitutional review court.
    Most rural citizens 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. The Traditional Authorities Act delineates which offenses 
may be dealt with under the traditional system.
    The constitutional right to a fair trial with a presumption of 
innocence until proven guilty generally is afforded by the judiciary. 
However, this right is somewhat limited in practice by long delays in 
hearing cases in the regular courts and the uneven application of 
constitutional protections in the traditional system.
    The lack of qualified magistrates, other court officials, and 
private attorneys has resulted in a serious backlog of criminal cases, 
which often translated into delays of up to a year or more between 
arrest and trial, contravening constitutional provisions for the right 
to a speedy trial. Many of those awaiting trial are treated as 
convicted criminals.
    There were no reports of political prisoners.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides all citizens with the right 
to privacy and requires arresting officers to secure a judicial warrant 
before conducting a search, except in situations of national emergency. 
Apart from searches conducted under the state of emergency in the 
Caprivi region, government authorities generally respected these rights 
in practice, and violations were subject to legal action.
    Under the Namibian Central Intelligence Service (NCIS) Bill passed 
by the National Assembly in 1997, the NCIS is authorized to conduct 
wiretaps, intercept mail, and engage in other covert activities, both 
inside and outside the country, to protect national security. However, 
wiretaps and covert surveillance require the consent of a judge. There 
were reports in 1998 that the NCIS requested footage from the Namibian 
Broadcasting Corporation (NBC) of a demonstration in the northern town 
of Katima Mulilo. It was reported that the intelligence service was 
seeking to identify demonstrators from the tapes. The NBC denied that 
the government-run station provided videotapes to the intelligence 
service.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, subject to ``reasonable 
restrictions'' in situations such as a state of emergency, and the 
Government generally respected these rights; however, there continued 
to be instances of abusive responses by the nation's political leaders 
to editorial criticism and increased reports of government pressure on 
reporters who worked for the government-owned media.
    Reporters for independent newspapers continue to criticize the 
Government openly and do not engage in self-censorship. During the 
year, high-level government officials publicly attacked journalists, 
human rights groups, and opposition politicians in response to 
perceived criticism of the Government or ruling party. The NSHR issued 
a report citing 20 such incidents. While such verbal attacks may have 
been calculated to quiet criticism, they do not appear to have had a 
major impact on the aggressive style of the independent media or the 
work of human rights groups or opposition political parties. NGO's 
involved in media issues maintained that reporters working for the 
government-owned newspaper were subjected to indirect and direct 
pressure not to report on certain controversial topics. In August the 
Government forbade the newspaper The Namibian to cover the situation in 
DROC. This blackout was lifted after several days in response to public 
criticism. The government-run New Era newspaper gave some coverage to 
opposition parties and views critical of the government, although it 
sometimes avoided controversial issues. A libel suit brought by a 
senior government official against the New Era in September 1998 was 
being watched closely by human rights groups. During the Caprivi state 
of emergency, the NDF and police gave daily press briefings, but were 
criticized for providing some incorrect information.
    The government-owned NBC operates most radio and television 
services. The NBC provided some coverage to opposition points of view. 
Media observers believe that NBC reporters exercise considerable self-
censorship on certain controversial issues, such as human rights abuses 
in Caprivi, allegations of corruption, the question of missing SWAPO 
detainees, and the amendment of the Constitution to allow President 
Nujoma to run for a third term. Despite these complaints, the NBC gave 
some coverage to viewpoints critical of government policies.
    There are five private radio stations, one private television 
station in the town of Rehoboth, and a private cable and satellite 
television service that broadcasts the Cable News Network, the British 
Broadcasting Corporation, and a range of South African and 
international news and entertainmentprograms. The ruling SWAPO party 
owns 51 percent of this cable service. There are no restrictions on the 
private ownership of satellite dishes, and the use of satellite dishes 
and cable television is growing. There are no restrictions on Internet 
access or use. There are growing numbers of Namibian web pages, and one 
of the independent newspapers has a popular web site.
    In October 1997, the Ministry of Information and Broadcasting 
(MOIB) issued new regulations that require foreign journalists who seek 
to visit the country to provide 1 month's advance notice to the MOIB, 
stating the purpose of their proposed visit. Journalists are required 
to schedule appointments with government officials through the MOIB and 
request permission to visit areas under the control of the Ministry of 
Environment and Tourism. Additionally, journalists must obtain a 
temporary work permit from the Ministry of Home Affairs. The MOIB 
reaffirmed the regulations in May 1998, but there have been no reports 
of complaints from journalists. Several major conferences in the 
country attracted large numbers of international journalists. In 
November 1998, two foreign journalists were arrested and held overnight 
for entering the country to cover the secession story without a work 
permit. The Ministry of Home Affairs also temporarily seized their 
videotapes. In December security forces near Rundu seized the camera of 
a foreign national citing security concerns due to fighting in Angola.
    The Government respects academic freedom. During the year, there 
were numerous seminars held at universities and other venues in 
Windhoek on controversial issues. There were no reports of interference 
with, or harassment of, these activities.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, except in situations of national 
emergency; while in the past the Government generally has respected 
this right in practice, in 1997 the President announced a ban on all 
public demonstrations that did not have prior police approval. The ban 
was enforced selectively in late July 1997 when police in the northern 
town of Okanguati broke up private meetings between a public interest 
law firm and its clients, Himba tribesmen, who were opposed to the 
construction of the Epupa Dam, which the Government supports (see 
Section 5). In August 1997, the High Court struck down the 1989 law 
used by the President to justify the ban. Organizers of public meetings 
still are required to obtain prior police approval; however, in 
practice many public gatherings took place without such approval and 
without interference. Under the Caprivi state of emergency, the 
Government had the authority to restrict public gatherings, although 
there were no cases in which the police denied a meeting request. 
Various organizations, including political parties, civic and religious 
groups, women's organizations, students, the unemployed, and former 
combatants held large meetings and public gatherings without Government 
interference.
    In several instances, supporters of the ruling party broke up 
opposition rallies (see Section 3). In some instances, police took no 
action to prevent the attacks or restore order, while in other cases, 
such as in Swakopmund, police officers intervened in attempts to 
restore order. SWAPO officials were unable or unwilling to restrain 
such attacks.
    The Constitution provides for freedom of association, even in times 
of national emergency, and the Government generally respected this 
right in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, except in situations of national emergency, and in the past the 
Government has respected them in practice; however, the forced return 
in May 1998 of a recognized refugee and human rights activist, Dr. 
Manuel Neto, to Angola, seriously damaged the Government's record on 
refugee issues. According to local human rights groups, the Ministry of 
Home Affairs violated a court decision that barred Neto's deportation. 
The refoulement resulted in strong criticism of the Government by 
international human rights groups. The authorities continued to deport 
military-age Angolan illegal immigrants without judicial review, as 
required by the law. The NSHR charged the police with assisting Angolan 
authorities in rounding up illegal immigrants who had come to Namibia 
to avoid being conscripted into the Angolan army. There also were 
reports of extrajudicial deportations from the Caprivi region of 
illegal Zambian and Angolan immigrants following the secessionistcrisis 
in that region. In December authorities forcibly returned to Angola 
fifty Angolan refugees who were fleeing the fighting in southern 
Angola; there was no judicial review of this action.
    The Government cooperates with the UNHCR on the granting of refugee 
status to asylum seekers. A law containing provisions for dealing with 
refugees in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees and its 1967 Protocol was passed in 1998 and signed 
into law by the President in March. The Government's eligibility 
committee continued to meet on a regular basis to consider asylum 
requests. The Government also assisted in the voluntary return of 
Angolan asylum seekers in late 1997. Illegal immigrants continued to be 
detained. There was a report in June 1998 that children were imprisoned 
temporarily during a raid on homes of illegal immigrants.
    Namibia is a first asylum country and continues to permit asylum 
seekers to enter the country. According to the UNHCR, there are more 
than 8,000 refugees and asylum seekers at the Osire camp, 90 percent of 
whom are from Angola. The rest are from the Democratic Republic of the 
Congo, Burundi, Rwanda, Tanzania, and other African countries. 
Government officials interview asylum seekers. Those granted refugee 
status generally are not permitted to work, live outside the Osire 
refugee camp, or attend schools, including the University of Namibia. 
Schools have been established at the Osire refugee camp. Residents of 
the camp are not supposed to leave the unfenced facility, but many 
travel to Windhoek and other towns on personal business and to sell 
handicrafts. More than 3000 Angolan refugees entered the country in the 
latter part of the year, and initially took refuge in and around a 
police station in the town of Kahenge. Attempts to bus these refugees 
to the Osire camp were hampered initially due to resource constraints.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens exercised their right to change their government by 
electing a President and National Assembly for the second time since 
independence during the November 30-December 1 general election, which 
international and domestic observers agreed was generally free and 
well-administered despite some irregularities. Observers noted 
instances of harassment of opposition members during the campaign, and 
unequal access to media coverage and campaign financing were problems.
    Nevertheless, voter turnout was over 60 percent and the election 
proceeded peacefully. Sam Nujoma, leader of the ruling party SWAPO, was 
reelected; although the Constitution formerly limited the President to 
two terms in office, in November 1998, the National Assembly passed a 
bill to amend the Constitution to permit President Nujoma to run for a 
third term. President Nujoma won 77 percent of the vote and SWAPO won 
55 of 72 elected National Assembly seats. Four opposition parties won a 
total of 17 seats in the National Assembly, including the Congress of 
Democrats (COD) party, which won the largest number of opposition 
votes, the Democratic Turnhalle Alliance (DTA), the United Democratic 
Front, and the Monitor Action Group.
    The Constitution establishes a bicameral Parliament and provides 
for general elections every 5 years and regional elections every 6 
years.
    The Directorate of Elections makes special efforts to keep voters 
informed by printing posters and distributing useful and informative 
voter guides with lists of government and opposition candidates. In the 
period prior to the election, all parties were afforded broadcast 
advertising time on the government-run national television and radio 
stations to promote their platforms. Debates between candidates also 
were broadcast on television and radio. Election observers noted that 
the allocation of free broadcast time, while in accordance with 
parliamentary rules, provided substantially more time for SWAPO. The 
parliamentary rules governing public campaign financing provided a 
similar advantage for SWAPO.
    Opposition parties generally are able to undertake political 
activity such as holding party conferences and public rallies, and 
advertising; however, in several instances, supporters of the ruling 
party broke up opposition rallies. For example, on November 25, SWAPO 
supporters in the town of Swakopmund threw rocks at a COD meeting site, 
injuring several persons. COD recruiters complained that they were 
chased away from schools by members of the SWAPO youth wing. In some 
instances, police took no action to prevent the attacks or restore 
order, while in other cases, such as in Swakopmund, police officers 
intervened in attempts to restore order. SWAPO officials were unable or 
unwilling to restrain such attacks.
    The Government took further steps in July 1998 to ensure free and 
fair elections by creating an independent electoral commission and 
naming a broad-based group of respectedindividuals to the commission. 
The Government also named a well-respected former journalist as the new 
Director of Elections.
    Leaders of the opposition have criticized the ruling party for its 
decision to amend the Constitution to permit the President to seek a 
third term. Ambassador Ben Ulenga, the High Commissioner to Great 
Britain and also a high-level ruling party official, resigned in 1998 
from his diplomatic post after he was unsuccessful in getting the 
ruling party to debate the third term issue. With his resignation, he 
lost his pension and other work-related benefits. In March Ulenga 
formed the COD opposition party, and in the general election the COD 
won approximately 10 percent of the vote and seven seats in the 
National Assembly. While opposition parties were allowed to hold 
meetings and campaign freely, the COD periodically was attacked in 
public statements by both government and SWAPO officials who accused 
members of the COD of being ``traitors,'' ``hooligans,'' and ``puppets 
of a racist plot by white citizens''. At a SWAPO public rally on May 6, 
Minister of Home Affairs Jerry Ekandjo referred to a ``war'' against 
the COD. In April the COD complained publicly that Namibian Central 
Intelligence Service (NICS) officials were following party leaders and 
discouraging persons from attending COD rallies. Shortly after the 
COD's March inaugural meeting, Director General of the Namibia Central 
Intelligence Service, Peter Tsheehama, was quoted as admitting that 
intelligence agents were following the party closely. Tsheehama 
subsequently denied that he said this, although the newspaper stood by 
the quote.
    Prior to the general election, the ruling SWAPO party held 53 of 
the 72 elected National Assembly seats, and opposition parties held 19 
seats. When former DTA chief (and leader of the Caprivi secessionist 
movement) Mishake Muyongo fled to Botswana in 1998, he forfeited his 
seat under parliamentary rules. In addition, another DTA politician 
from Caprivi resigned his seat. Both seats were filled by the DTA with 
other party members, in accordance with the Constitution.
    Members of the National Assembly are elected on a party list system 
on a proportional basis.
    In 1997 the ruling SWAPO party voted to change the voting procedure 
under the Local Authorities Act to require that local elections be held 
on a party list instead of a ward system. While it was believed that 
this change would favor the ruling SWAPO party, opposition parties 
competed fully in local elections held in February 1998, capturing 19 
of 45 municipalities. There also were major gains for women, as they 
won 131 seats, roughly 40 percent of all local council elected 
positions. In February 1998, a national conference in Windhoek brought 
together locally elected female officials from all over the country.
    Women increasingly are involved in the political process; however, 
women remain seriously underrepresented in government and politics 
despite promises by SWAPO to increase the number of women on the 
party's appointed central committee. There are 2 female ministers and 3 
female deputy ministers out of a total of 42 ministerial and deputy 
ministerial positions. In addition, two women hold cabinet-level 
positions, as Director of the Department of Women Affairs in the Office 
of the President and Director of the National Planning Commission. 
Another woman serves as Ombudswoman. Women hold 15 of 98 parliamentary 
seats in the National Assembly. In 1996 female legislators formed a 
Women's Caucus in Parliament to review legislation for gender 
sensitivity.
    Historic economic and educational disadvantages have served to 
limit the participation of the indigenous San ethnic group in politics, 
although virtually all of the country's other ethnic minorities are 
represented in Parliament and in senior positions in the Cabinet. 
Members of smaller ethnic groups hold the offices of Prime Minister, 
Deputy Prime Minister, Minister of Foreign Affairs, and Speaker of the 
National Assembly.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    During the year, high-level government officials continued to use 
abusive language in responding to criticisms of the ruling party and 
government policies by nongovernmental organizations. Following the 
publication in newspapers of graphic photos that showed abuse of 
Caprivi detainees, Prime Minister Hage Geingob issued a public 
statement criticizing lawyers from the Legal Assistance Center (LAC), a 
well-respected indigenous NGO with a long record of opposing apartheid 
and fighting for the rights of the most underprivileged elements in 
society. The LAC also has drawn criticism from government officials for 
providing legal counsel to the Himba people, a traditional semi-nomadic 
group that opposes construction of the Epupa dam. Government officials 
also have attacked verbally the NSHR and the Breakingof Walls of 
Silence (BWS) movement, which acts as an advocate for former detainees 
imprisoned by SWAPO prior to independence. Some observers believe that 
government attacks on BWS head Reverend Ngeno Nakamhela resulted in 
Nakamhela's removal from his position as secretary general of the 
Council of Churches of Namibia (CCN). Despite abusive remarks by 
government officials, no action was taken to suppress NGO's.
    The deportation of Angolan human rights activist Dr. Manuel Neto in 
May 1998 also came shortly after Dr. Neto had announced the formation 
of the Angolan League for Human Rights (LADH), an NGO closely aligned 
with the NSHR. The NSHR is a frequent critic of the Government, and in 
1997 the Government briefly opposed the granting of consultative status 
at the U.N. Economic and Social Council to the NSHR. Nevertheless, the 
NGO was granted consultative status.
    Despite the verbal attacks on the LAC, local NGO's such as the LAC, 
the NSHR, the BWS Movement, and those working with indigenous groups, 
continue to criticize government policies freely. In addition, human 
rights organizations such as the Media Institute for Southern Africa, 
the Center for Applied Social Sciences, and the Human Rights 
Documentation Center worked openly on a variety of human rights issues 
affecting the press, women, ethnic minorities, and other groups. In 
June 1998, the Namibian Nongovernmental Organization Forum (NANGOF) 
publicly criticized ``growing sentiments and practices of political 
intolerance'' by the nation's political leadership. In the period prior 
to the general election, the CCN and the NANGOF organized a domestic 
observer effort in cooperation with the directorate of elections.
    Representatives of international human rights organizations 
traveled to the country and discussed human rights issues with 
governmental and nongovernmental representatives on several occasions; 
however, in 1998 President Nujoma accused ``foreigners'' of interfering 
in Namibia's affairs on several occasions, and in June of that year 
threatened to ``deport'' or ``get rid of'' foreign nationals who 
``disturb the peace in Namibia.''
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on race, creed, 
gender, or religion, and specifically prohibits ``the practice and 
ideology of apartheid.'' During the year there was a significant 
improvement in the attention paid to women's issues and the rights of 
the disabled.
    Women.--Violence against women, including beating and rape, is 
widespread. Traditional attitudes regarding the subordination of women 
exacerbate problems of sexual and domestic violence. However, there 
continued to be an improvement in the attention paid to the problems of 
rape and domestic violence. Government ministers joined in public 
protests against violence. The President, members of his Cabinet, and 
parliamentarians continued to speak out against violence. Longer prison 
sentences have been handed down to convicted rapists and abusers, 
although a problem remained with respect to vulnerable witnesses in 
rape and abuse cases. Police stated that more women came forward to 
report cases of rape and domestic violence. After extensive 
consultations with NGO's and prominent women, in March the government 
introduced a bill in Parliament to combat rape. The Combating of Rape 
Bill was debated extensively on the floor of the National Assembly and 
then sent to a parliamentary committee, which is to allow private 
citizens to comment on aspects of the bill. Observers anticipate 
passage of the bill in 2000. A Ministry of Justice official announced 
in June 1998 that a special course in gender sensitivity would be 
introduced at the newly inaugurated police training center. Centers for 
abused women and children in Oshakati, Windhoek, Keetmanshoop, Walvis 
Bay, and Rehoboth are staffed with specially trained female police 
officers to assist victims of sexual assaults. Safe houses are opening 
in Mariental, Swakopmund, and Tsumeb.
    In 1996 the President elevated the head of the Department of Women 
Affairs to cabinet rank. The passage in that year of the Married 
Persons Equality Act also prohibited discriminatory practices against 
women married under civil law. Women married in customary (traditional) 
marriages continue to face legal and cultural discrimination. In 1998 
Oshiwambo chiefs denounced traditional practices that permit family 
members to confiscate the property of deceased men from their widows 
and children. Efforts are underway to address this problem, and it has 
been reduced considerably.
    In June 1998, President Nujoma addressed traditional leaders and 
made a forceful case for better treatment of women in traditional 
communities.
    Children.--The Constitution enumerates children's rights, including 
those in the area of education and health. In previous years, the 
Government devoted 31 percent of the national budget to education and 
an additional 15 to 20 percent towards health. However, in practice, 
outmoded policies and laws and an untrained work force lead to 
inadequate attention to child welfare. Many San children do not attend 
school, and it is difficult for the Government to afford basic 
protections to children living on remote commercial farms.
    Child abuse is a serious and increasingly acknowledged problem. The 
authorities vigorously prosecuted cases involving crimes against 
children, particularly rape and incest. Courts handed down stiffer 
sentences against child rapists, and the Government provided training 
for police officials to improve the handling of child sex abuse cases. 
Centers for abused women and children are working actively to reduce 
the trauma suffered by abused children. The LAC has launched a national 
campaign to revise legislation on child maintenance. The Child 
Maintenance Bill was sent to the Cabinet for discussion, and the 
Cabinet referred the bill back to the Ministry of Justice for further 
comment. The bill would enable women to break out of the cycle of 
marital dependence and escape domestic violence by requiring divorced 
spouses to provide maintenance allowances for their children. However, 
the bill is still far from being tabled in Parliament.
    The Government expanded programs to separate juvenile offenders 
from adults in the criminal justice system. Separate facilities for 
child offenders have been established in Windhoek and Mariental.
    People With Disabilities.--While discrimination on the basis of 
disability is not addressed in the Constitution, the Labor Act of 1992 
prohibits discrimination against disabled persons in employment. 
However, enforcement in this area is weak.
    The Government legally does not require special access to public 
buildings for the disabled, and many ministries remain inaccessible to 
the disabled. However, some municipal governments have installed ramps 
and special curbing for the disabled at street crossings. Disability 
issues received greater attention during the year, with wider press 
coverage of the human rights problems that confront persons with 
disabilities. In December 1998, the Government launched a campaign to 
expand economic opportunities for and change attitudes about persons 
with disabilities.
    Indigenous People.--The Bushmen, also known as the San people, the 
country's earliest known inhabitants, historically have been exploited 
by other ethnic groups. The Government has taken a number of measures 
to end societal discrimination against the San, including seeking their 
advice about proposed legislation on communally-held lands and 
increasing their access to primary education. However, little has been 
done to bring San representatives into the Government, and many San 
children do not attend school. Reports from the NSHR and in the press 
claim that civilians from the Mafwe and Khoe San ethnic groups were 
targeted for harassment during the police campaign against Caprivi 
separatists.
    By law all indigenous groups participate equally in decisions 
affecting their lands, cultures, traditions, and allocations of natural 
resources. However, Bushmen and other indigenous citizens have been 
unable to exercise fully these rights as a result of minimal access to 
education and economic opportunities under colonial rule, and their 
relative isolation.
    In 1997 authorities arrested 73 members of the Hei//om Bushmen 
community for blocking the gates to a national game park. The Bushmen 
were protesting in support of the return of their ancestral lands, 
which had been seized in order to create the park. The Hei//om 
maintained that their previous requests to discuss the case with 
government officials had been ignored. The protesters were released on 
bail, and the case was dropped later in the year.
    In 1997 the Government unilaterally announced plans to expand a 
prison in the West Caprivi Game Park on land claimed by the Kxoe ethnic 
group. The expansion would deny access by members of the Kxoe ethnic 
group to revenues from community-based tourism projects on their lands. 
The projects are an important mechanism for empowering the Kxoe to 
benefit from tourism activities in their community. However, there is 
some question regarding the Kxoe's right to occupy that land. As of 
year's end, no final decision on the prison expansion had been 
announced.
    The Government plans to build a hydroelectric dam on the Kunene 
River that would flood ancestral graves and grazing areas of the semi-
nomadic Himba people. The project is highly controversial. The 
Government has made repeated efforts to consult with Himba leaders 
regarding the project, but many of the Himba chiefs remain adamantly 
opposed to the project. Government leaders have criticized harshly 
those opposed to the project, terming them ``enemies of development.''
    The Traditional Authorities Act, which came into effect in 1995, 
defined the role, duties, and powers of traditional leaders. The act 
provided that customary law is invalid if it is inconsistent with 
provisions of the Constitution. It enumerated the types of crimes that 
may be dealt with in traditional courts. The act assigned to 
traditional leaders the role of guardians of culture and tradition, and 
also mandated that traditional leaders elected to Parliament choose 
between their traditional and elected offices before the end of 1996. 
This provision has not been enforced, and several traditional leaders 
remain in Parliament.
    The Government's power to confer recognition or withhold it from 
traditional leaders, even in opposition to local preference, is 
especially controversial because of the leaders' influence on local 
events including local police powers. In some cases, the Government has 
withheld recognition from genuine traditional leaders who have sympathy 
for the political opposition. This has been especially true in the Khoe 
San and Mafwe communities in the Caprivi and in the Herero community. 
Mafwe chief Boniface Mamili fled the country with other Caprivi 
separatists in late 1998. Despite opposition from the Mafwe community 
itself, Minister of Local Government Nicky Iyambo ruled that Mamili had 
forfeited his position, and in March the Government installed a rival 
chief. In June 1998, a number of traditional leaders boycotted the 
inauguration of the Traditional Leaders' Council, claiming that the 
installation was illegal, as some of the leaders chosen by the 
Government did not represent their communities.
    National/Racial/Ethnic Minorities.--The Constitution prohibits 
discrimination based on race and other factors and specifically 
prohibits ``the practice and ideology of apartheid.'' In July 1998, 
Parliament passed amendments to the 1991 Racial Discrimination 
Prohibition Act that strengthened the act and the penalties for 
discriminatory practices. The act codified certain protections for 
those who cite racial discrimination in the course of research or in 
trying to reduce racial disharmony. Nevertheless, as a result of more 
than 70 years of South African administration, societal, racial, and 
ethnic discrimination persists. There were several reported cases of 
black farm workers suffering discrimination in remote areas at the 
hands of white farm owners. In two instances, black farm workers were 
not allowed to vote in the general election after white farm owners 
barred mobile election teams from their property. Increasing references 
in 1998 to white citizens as ``foreigners'' by senior government 
officials were contrary to professed government efforts to promote 
national reconciliation. Many non-whites continued to complain that the 
Government was not moving quickly enough in education, health, housing, 
employment, and access to land.
    Some citizens complained that the SWAPO-led government provided 
more development assistance to the numerically dominant Ovambo ethnic 
group of the far north than to other groups or regions of the country. 
In 1997 leaders of the ``Baster'' community in Rehoboth reached an 
understanding with the Government and dropped their demand that the 
Government return the community's ``traditional lands'' that had 
reverted to the central Government upon independence.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for freedom 
of association, including freedom to form and join trade unions, and 
the Government respects this right in practice. The 1992 Labor Act 
extended that right to public servants, farm workers, and domestic 
employees. However, farm workers and domestic servants working on rural 
and remote farms often are ignorant of their rights and as a result, 
suffer abuse. Trade unions have no difficulty registering, and there 
are no government restrictions on who may serve as a union official. 
The Ministry of Labor expressed concern in their annual report released 
in September over the growing number of trade unions. The Labor 
Commissioner reported in the Ministry's annual report that it would 
apply to the Labor Court for deregistration of organizations that have 
not complied with the statutory requirements in the Labor Act. The 
announcement caused concern among some observers, who worried that the 
Government would use the process to target independent unions not 
affiliated with the ruling party. Nounion has been dissolved by 
government action. In 1997 government employees held vigorously 
contested union elections.
    Unions are independent of the Government and may form federations. 
The two principal trade union organizations are the National Union of 
Namibian Workers (NUNW) and the Namibia Federation of Trade Unions 
(NFTU). Prior to independence, the NUNW formerly was affiliated with 
SWAPO, but claims that its affiliation had ended at independence; 
however, the NUNW was invited to nominate candidates for SWAPO's 
National Assembly slate, and the NUNW was nominated by SWAPO and 
elected to the National Assembly. In 1997 the mine workers union 
established the Mine Workers Union Investment Company to supplement 
union dues. The NFTU, launched in October 1998 and made up of several 
large public service, teachers, mining, and maritime unions, is more 
critical of the Government. Less than 20 percent of full-time wage 
earners are organized.
    Except for workers providing essential services such as jobs 
related to public health and safety, and workers in the export 
processing zones (EPZ's), workers enjoy the right to strike once 
conciliation procedures have been exhausted. There are EPZ's at the 
Walvis Bay and Oshikango industrial parks and a number of single-
factory EPZ's outside of these parks. Under the Labor Act, strike 
action can be used only in disputes involving specific worker 
interests, such as pay raises. Disputes over worker rights, including 
dismissals, must be referred to a labor court for arbitration. The 
Labor Act protects workers engaged in legal strikes from unfair 
dismissal.
    Unemployment, which is nearly 40 percent, remained a significant 
problem and affected primarily the black majority. Apartheid-era 
attitudes among some employers contributed to a divisive, 10-week 
strike at a major mining firm in 1997. The atmosphere at the three mine 
sites was tense and occasionally violent. Although the confrontation 
was defused temporarily by high-level government intervention, the mine 
filed for bankruptcy.
    Trade unions are free to exchange visits with foreign trade unions 
and to affiliate with international trade union organizations. Unions 
have exercised this right without interference.
    b. The Right to Organize and Bargain Collectively.--The 1992 Labor 
Act provides employees with the right to bargain individually or 
collectively. Collective bargaining is not practiced widely outside the 
mining and construction industries. However, as unions become more 
active, informal collective bargaining is becoming more common. The 
Ministry of Labor cited lack of information and basic negotiation 
skills as factors hampering workers' ability to bargain with employers 
successfully.
    The Labor Act provides a process for employer recognition of trade 
unions and protection for members and organizers. The law also empowers 
the Labor Court to remedy unfair labor practices and explicitly forbids 
unfair dismissals, which may be appealed to the Labor Court. The 
Government expects to redraft the 1992 Labor Act to close existing 
loopholes that allow employers to exploit workers.
    The Labor Act applies to the EPZ in Walvis Bay with certain 
exceptions. Some trade unionists continued to challenge the 
constitutionality of the agreement reached by government and NUNW 
representatives codified in the Export Processing Zone Act of April 
1995 because it precludes strikes and lockouts. Under the agreement, 
labor-related issues in the EPZ are referred to a special EPZ dispute 
settlement panel composed of employers and workers for expeditious 
resolution. With only a few businesses operating in the Walvis Bay EPZ, 
the effectiveness of this agreement in securing the rights of workers 
in the EPZ could not be determined.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced and bonded labor by adults and children; however, during the 
year, there were ongoing reports in the media that farm workers 
(including some children on commercial farms) and domestic workers 
often receive inadequate compensation for their labor and are subject 
to strict control by employers. Ministry of Labor inspectors sometimes 
encountered problems in gaining access to the country's large, 
privately-owned commercial farms in order to investigate possible labor 
code violations.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Under the 1992 Labor Act, the minimum age for employment 
is 14 years, with higher age requirements for night work and for 
certain sectors such as mining and construction. 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. The 1991 census, which reported on the status of 
children, estimated that 13,800 children under 15 years of age were in 
the labor force. Of this total, 41 percent were working as unpaid 
laborers on family and commercial farms. Boys in rural areas 
traditionally start herding livestock at the age of 7. According to 
1991 figures, approximately 2 percent of farm workers were children 
(mainly from the San ethnic group). There were also reports that 
Angolan and Zambian children, who are not protected by the Labor Act, 
worked on communal and cattle farms in border areas. The Government 
prohibits forced and bonded labor by children; however, some children 
worked without compensation on commercial farms (see Section 6.c.).
    e. Acceptable Conditions of Work.--There is no statutory minimum 
wage law. In Windhoek's non-white urban area townships, many workers 
and their families have difficulty maintaining a minimal standard of 
living. White citizens earn significantly more on average than do black 
citizens, in large part because whites own most of the country's 
productive resources and have had access to education that enables them 
to take advantage of the skilled labor shortage.
    After independence, the standard legal workweek was reduced from 46 
to 45 hours, and requires 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. 
However, in practice these provisions are not observed or enforced 
rigorously by the Ministry of Labor. In 1996 two important NGO 
studies--one of farm workers and the other of domestic employees--
highlighted the extremely poor conditions that some employees encounter 
while working in these occupations.
    The Government mandates occupational health and safety standards. 
The Labor Act empowers the President to enforce these standards through 
inspections and criminal penalties. The law requires employers to 
ensure the health, safety, and welfare of their employees. It provides 
employees with the right to remove themselves from dangerous work 
situations; however, some workers do not have this right in practice.
    f. Trafficking in Persons.--Although the law does not specifically 
prohibit trafficking in persons, it does prohibit slavery, kidnapping, 
forced labor, including forced prostitution, child labor, and alien 
smuggling, and there were no reports that persons were trafficked in, 
to, or from the country.
                                 ______
                                 

                                 NIGER

    Niger is in transition following its second military coup d'etat in 
3 years. On April 9, 2 days after the Supreme Court annulled the 
results of the February 7 local elections, President Ibrahim Mainassara 
Bare, who came to power by a coup d'etat in January 1996, was 
assassinated by members of his presidential guard. Several days after 
Bare's assasination, a group of military officers led by Major Daouda 
Malam Wanke asserted control over the Government, called the 
assassination an ``unfortunate accident,'' and subsequently suspended 
the Constitution, dissolved the National Assembly, and created three 
bodies to oversee a 9-month transition to a democratically elected 
government. Major Wanke's transition plan was supported by members of 
11 of the country's opposition parties. The military officers retained 
effective control of the country during the interim period through the 
National Reconciliation Council (CRN), which was led by Major Wanke. 
The CRN appointed Ibrahim Assane Mayaki as Prime Minister, formed a 
cabinet with civilian members of political parties, traditional chiefs, 
and former government leaders, and scheduled a first round of 
presidential elections for October 17, and a presidential runoff and 
legislative elections for November 24. The National Consulative Council 
consisted of members of political parties, civil society, traditional 
chiefs, and former government leaders and addressed fundamental 
questions, such as the role of political parties, the Electoral Code, 
and a new Constitution. The National Consultative Council was created 
to fill the role of the dissolved National Assembly; however, this body 
was limited to making recommendations and was not granted legislative 
powers. On July 18, citizens voted in a popular referendum and approved 
a new Constitution that provides for power sharing between the 
President and Prime Minister and granted amnesty to perpetrators of the 
1996 and 1999 coups. Tandja Mamadou was elected President in November 
with 60 percent of the vote in an election that was considered by 
international observers to be generally free and fair. In the November 
24 National Assembly elections, the National Movement for the 
Development of Society and the Democratic and Socialist Convention 
(MNSD/CDS) coalition backing Tandja won 55 of the 83 seats in the 
Assembly. Tandja was inaugurated on December 22 and was expected to 
appoint a new Prime Minister at the beginning of 2000. The judiciary 
remains subject to executive interference.
    Security forces consist of the army, the Republican Guard, the 
gendarmerie (paramilitary police), and the national police. The police 
and gendarmerie traditionally have primary responsibility for internal 
security. However, since the 1996 coup, the army has had a much more 
prominent role. The April coup was led by a small group of junior army 
officers and resulted in early retirement for more senior members of 
the armed forces. Some members of the security forces committed serious 
human rights abuses.
    The economy is based mainly on traditional subsistence farming, 
herding, small trading, and informal markets. Less than 15 percent of 
the economy is in the modern sector. Uranium is the most important 
export. Per capita income is about $200. Drought, deforestation, soil 
degradation, low literacy, a depressed uranium market, high import 
prices, and burdensome debt further weakened the already troubled 
economy. The country is heavily dependent on foreign assistance, most 
of which was suspended after the April coup d'etat.
    The Government's human rights record remained poor, and the 
Government continued to commit serious abuses. The 1996 coup, the 
fraudulent 1996 presidential elections, the disputed February local 
elections, and the April coup effectively disenfranchised citizens, 
preventing them from exercising their right to change their government; 
however, citizens finally were able to exercise this right late in the 
year in generally free and fair elections. Security forces assassinated 
the Head of State, committed other extrajudicial killings, beat and 
abused persons, intimidated and injured independent election officials, 
and destroyed election results and equipment. Security forces on 
occasion intimidated opposition political figures and violated laws 
governing searches, treatment of prisoners, and length of detention. 
Prison conditions remained poor, and arbitrary arrest and detention 
remain problems. The overloaded judicial system and delays in trials 
resulted in long periods of pretrial confinement. There were several 
prison disturbances, one of which led to the deaths of 29 persons in 
detention. The judiciary also is subject to executive influence. 
Security forces infringed on citizens' privacy rights. The Bare 
Government restricted freedom of speech and of the press; however, the 
transition government significantly reduced the extent of such abuses. 
The Bare Government continued to ban some peaceable meetings and 
demonstrations and intimidated the private press; however, the 
transition government significantly reduced the extent of such abuses. 
The Government restricted freedom of movement. Domestic violence and 
societal discrimination against women continued to be serious problems. 
Female genital mutilation (FGM) persists, despite government efforts to 
combat it. There is societal discrimination against the disabled and 
ethnic minorities. The Government restricts some worker rights.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Members of the 
presidential guard on April 9 assassinated President Ibrahim Mainassara 
Bare. They also killed his driver and one bodyguard. At least five 
other persons were injured seriously by stray gunfire. Major Daouda 
Malam Wanke, commander of the presidential guard, became President of 
the National Reconciliation Council and Head of State. The transition 
government insisted that Bare was killed in an ``unfortunate 
accident,'' and all coup perpetrators were granted amnesty by the July 
Constitution.
    At the Niamey central prison on August 29, prison guards forced 74 
rebellious inmates into a 324 square foot cell. When the prisoners 
objected to the overcrowding, the guards used tear gas, killing 29 
prisoners by asphyxiation. The Minister of Justice promised a full 
investigation and the reform of the prison and justice systems. The 
prison supervisor and one guard were arrested as a result of the 
deaths. At year's end, one guard remained in prison and the other was 
released provisionally while he awaits judicial proceedings (see 
Section 1.c.).
    In January a Nigerien-Algerian team of security forces attacked a 
camp of alleged Islamic fundamentalists in the northwestern corner of 
Niger, killing between 4 and 15 persons and arresting a number of 
wealthy merchants suspected of supporting the alleged fundamentalists. 
The attack reportedly was an attempt to prevent the fundamentalists 
from escaping to Algeria.
    The Lake Chad area continues to be patrolled by Nigerian-Nigerien-
Chadian joint military forces while armed Kanouri, Toubou, Peul 
(Fulani), and Arab militias fight among themselves. The region is very 
insecure, and it is difficult to confirm reports; however, there have 
been other allegations of extrajudicial killings by the security forces 
and armed militias.
    Despite such incidents, the August 1998 peace agreement with the 
Toubou ethnic group's Democratic Front for Renewal (FDR) generally has 
been respected.
    In February a mass grave containing 149 bodies alleged to be those 
of missing Toubou former rebels was discovered in the far eastern 
region of Bosso. The missing men had been expelled from Nigeria to 
Niger as part of a Chad-Niger-Nigeria joint military operation. When 
last seen by their families in October 1998, the Toubous were in the 
custody of the Nigerien armed forces. The Government acknowledged the 
existence of the mass grave. Domestic and international human rights 
groups called for an independent investigation but so far, none has 
been forthcoming.
    No charges were brought against the member of the presidential 
guard who shot and killed a member of the Republican Guard in February 
1998; he was released from custody during the year. No charges were 
brought against the leaders of a Republican Guard May 1998 mutiny; they 
also were released from custody during the year.
    Disagreements over land use between sedentary farmers and herders 
as well as among different groups of herders led to several incidents 
of mob violence and killings, particularly in the Tillaberry Department 
along the Malian border and the Lake Chad region.
    On July 26, the Security Coordinating Committee called upon the 
Government to take necessary action in response to the deteriorating 
security situation in the North Tillaberry pastoral zones. Frequent 
attacks by Tuaregs from the Malian side of the border, which were 
countered by Peul self-defense militias, resulted in the deaths of at 
least 150 persons as well as incidents of rape, kidnaping, and theft of 
20,000 head of cattle.
    Unlike the previous year, there were no reports of violence related 
to the Tuareg ethnic insurgency in the north, which effectively ended 
with the November 1997 supplemental peace accord.
    In January two men accused of armed robbery were killed by 
vigilantes in the Zongo neighborhood of Niamey. No action was taken 
against the vigilantes.
    b. Disappearance.--There were no reports of politically motivated 
disappearances; however, conflict between Tuaregs based in Mali and 
Peul self-defense militias led to kidnapings (see Section 1.a.).
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, on 
occasion police beat and otherwise abused persons. In January a taxi 
driver accused of stealing a package worth $400 (225,000 CFA francs) 
was arrested and detained for 8 days without charge. He was suspended 
from a bar by his ankles and fists and beaten, sustaining severe 
injuries. Eventually he was released, but no charges were brought 
against the abusive prison guards.
    In November hundreds of university students held a sit-in on the 
Kennedy Bridge in Niamey to press claims for payment of their 
scholarships, which they reportedly had not received for 2 years. 
Police officials used tear gas to disperse students from the bridge; at 
least 20 students were injured (see Section 2.b.).
    According to local press reports, on March 13 the publishing 
director of La Voix du Citoyen was ambushed and beaten by military 
personnel. Neither police personnel nor military personnel conducted an 
investigation of this alleged attack.
    Police extorted bribes at checkpoints (see Section 2.d.).
    Prison conditions are poor. Prisons are underfunded and 
understaffed. They are overcrowded and diet, health, and sanitary 
conditions are very poor. In August four inmates died when a prison 
roof collapsed on them in the Diffa (far eastern) region. Prisoners are 
segregated by sex, but minors and adults are incarcerated together. 
Family visits are allowed, and prisoners can receive supplemental food 
and other necessities from their families. Corruption among prison 
staff is rampant.
    Anger at the comparatively expeditious treatment and amnesty of 
those accused of ``political'' crimes such as destroying election 
results led to several prison riots, including one that resulted in 29 
deaths (see Section 1.a.).
    In September 74 prisoners escaped from prison in Zinder following 
protests over conditions in the prisons and delays over legal 
proceedings. The prisoners reportedly set fire to tires then broke 
through the main gates of the jail. Police personnel caught several of 
the escaped prisoners during the first days following the escape; 
however, the majority of the escaped prisoners were not caught. 
Following the breakout, police personnel arrested 200 persons suspected 
of harboring the escapees (see Section 1.d.).
    There are reliable reports that prisoners who have financial means 
leave prison for the day and serve their sentences in the evenings or 
claim illness and serve their sentences in the national hospital.
    Human rights monitors, including the International Committee of the 
Red Cross, have unrestricted access to prisons and detention centers 
and visit them.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention are problems. Although the Constitution prohibits arbitrary 
arrest and 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. Police, acting under authority 
given them by the Security Law, conduct sweeps to detain criminals and 
ensure that identity documents are in order.
    On May 29, former Minister of Defense, Yahaya Tounkara, was placed 
under house arrest after reading a declaration calling for an 
investigation into Bare's assassination. Military forces blocked the 
entrance to his house for several days; however, they were subsequently 
discharged.
    On September 17, five members the RDP were arrested and held at the 
State Documentation Center (CDE), the intelligence center, for 
questioning. No charges were brought against them. All five were 
released before the October election campaign.
    In August the editor of Le Canardo newspaper was arrested and held 
for questioning due to his refusal to comply with a ban on the 
publication of Le Canardo. No charges were brought against him and he 
was released after several hours (see Section 2.a.).
    In September police officials arrested 200 persons suspected of 
harboring 74 escaped prisoners from Zinder; they were released within 
several days (see Section 1.c.).
    In October 100 soldiers in Maradi mutinied and took several 
government officials hostage, reportedly due to nonpayment of a 
promised salary supplement; there were no reported deaths among the 
hostages. The mutinous soldiers later were dismissed by the transition 
government.
    In October Yusuf Bashar, the former Nigerien ambassador to Libya, 
was arrested without charge upon his return to the country from his 
post. He was released several days later. Press reports alleged that 
the transition government considered Bashar too close to the late 
President Bare.
    The judicial system is seriously overloaded. There are no statutory 
limits on pretrial confinement of indicted persons. Detention 
frequently lasts months or years. Some persons have been waiting as 
long as 8 years to be charged. Of the 644 prisoners in Niamey's central 
prison 515 are awaiting trial or had no charges brought against them.
    The law provides for a right to counsel, although there is only one 
defense attorney known to have a private practice outside the capital. 
A defendant has the right to a lawyer immediately upon detention. The 
State provides a defense attorney for indigents. Bail is available for 
crimes carrying a penalty of less than 10 years' imprisonment. 
Widespread ignorance of the law and lack of financial means prevent 
full exercise of these rights.
    The Constitution prohibits exile, and there were no reports of its 
use.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, it is subject to executive 
interference. Although the Supreme Court on occasion has asserted its 
independence, 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.
    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 the law and constitutional questions. There are also 
customary courts.
    Traditional chiefs can act as mediators and counselors and have 
authority in the realm of customary law as well as status under modern 
law where they are designated as auxiliaries to local administrators. 
They are charged with collecting local taxes and receive stipends from 
the Government but do not have police or judicial powers and can only 
mediate, not arbitrate, disputes under customary law. Customary courts, 
located only in large towns and cities, try cases involving divorce or 
inheritance. They 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 (see Section 5).
    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, 
they generally are not remunerated by the Government.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law requires that police have a search warrant, 
normally issued by a judge; however, human rights organizations report 
that police often conduct routine searches without warrants. Police may 
search without warrants when they have strong suspicion that a house 
shelters criminals or stolen property. The State Security Law also 
provides for warrantless searches.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the transition government 
generally respected this right in practice, although the Bare 
government did not. In June the transition government created the 
National Communications Oversight (ONC) group to provide for 
independence of the media and ethics in journalism.
    The Government publishes a French-language daily newspaper, Le 
Sahel, and its weekend edition. There are about 12 domestically 
published private French-language weekly or monthly newspapers, some of 
which are affiliated loosely with political parties. The private press 
remained relatively assertive in criticizinggovernment actions; 
however, there were several attempts by the former government to stifle 
freedom of the press. Foreign journals circulate and report freely. 
However, strict accreditation requirements imposed on journalists by 
the 1997 press law remained in place. In the February local elections 
campaign, opposition parties did not receive the same media access that 
the RDP enjoyed.
    In July the ONC censured the editor of the Canardo newspaper and 
banned its publication because the editor was allegedly not a licensed 
professional journalist. When the editor did not comply, he was 
arrested on August 31 and held for questioning for several hours before 
being released (see Section 1.d.). In November the President of the ONC 
announced a new amendment for election campaign media access. The 
amendment prohibited incendiary rhetoric on racial or ethnic grounds 
and prohibited the publication of any declaration by dissenting groups 
within a political party or associated with defection of members of a 
party in favor of another party.
    On September 10, the ONC announced the creation of the Media Access 
Control Committee for the presidential elections in collaboration with 
the Independent Electoral Commission, the Minister of Justice, the 
president of the lawyer's union, and political parties. The committee 
is charged with ensuring that all presidential candidates get equitable 
and free access to the public media and monitor coverage in the private 
media. Prior to the presidential and legislative elections in November, 
all of the country's political parties reportedly received free and 
equitable access to the public media.
    Since literacy and personal incomes are both very low, radio is the 
most important medium of public communication. The government-owned 
radio Voix du Sahel transmits 14 hours per day, providing news and 
other programs in French, Hausa, Djerma, Tamashek, Fulfulde, Kanouri, 
and several other local languages. Several private radio stations 
broadcast on FM in Niamey, including Radio France International, Africa 
Number One, Radio et Musique, Radio Souda, Radio Tenere, and Anfani; 
the last four are locally owned and feature popular news programs in 
local languages, including Djerma and Hausa.
    These private radio stations generally were less critical of 
government actions than the private newspapers were. Radio Afani 
remained the domestic station most critical of the Bare and transition 
governments. Radio et Musique tried to present news coverage that 
includes opposition as well as government points of view. The other 
private domestic radio stations are smaller and offer little domestic 
news programming.
    The government-operated multilingual national radio service 
provided equitable air time for all political parties since the 
transition government assumed power.
    On August 1, 1998, the Government's Superior Council on 
Communication prohibited domestic broadcasting services from 
rebroadcasting programs of foreign origin, such as Voice of America 
(VOA), British Broadcasting Corporation (BBC), and Deutsche Welle 
programs without a time delay that would enable the Government to hold 
local broadcasters responsible for the programs' content. However, 
domestic affiliates of international services generally did not comply 
with this prohibition, and the Government apparently did not enforce 
it.
    Television is a far less important medium than radio. Government-
owned Tele-Sahel broadcasts about 4 hours every evening, with 
programming emphasizing news in French and other major national 
languages. There are no private television broadcasting stations, 
apparently because they would not be commercially viable in the 
country's economy. The director of a private radio station operates a 
wireless cable television service for the capital, offering access to 
international channels.
    SONITEL, the state-owned telephone monopoly, is the country's only 
Internet service provider. There are no private Internet service 
providers because government regulation of the telecommunications 
sector sets prices at prohibitive levels; several individuals hope to 
enter the Internet service provider market after an anticipated 
deregulation of the sector. The Government does not restrict access to 
the Internet through SONITEL, although technical difficulties often do.
    The news coverage of the state-owned media reflects government 
priorities. Presidential activities and conferences dealing with 
development issues always are reported. Analysis or investigative 
reporting on domestic topics is extremely rare. During the February 
local elections campaign, state media gave much more coverage to the 
ruling party than to all opposition parties combined. The transition 
government gave equal access and coverage to political parties and 
their views; at least 16 major and minor political parties had access 
to the state press during the preelection period.
    Academic freedom is respected. In November university students 
protested nonpayment of their scholarships (see Sections 1.c. and 
2.b.).
    b. Freedom of Assembly and Association.--The Constitution provides 
for freedom of assembly; however, the Bare government on occasion 
banned peaceable meetings and demonstrations, and the transition 
government suspended political party activity during the first days 
following the coup. The Government retains the authority to prohibit 
gatherings either under tense social conditions or if advance notice 
(48 hours) is not provided. Political parties legally are permitted to 
hold demonstrations, and there were no reports of political parties 
being denied permission for demonstrations during the year.
    In November hundreds of university students held a sit-in 
demonstration on the Kennedy Bridge in Niamey to press claims for 
payment of their long overdue scholarships. Police officials used tear 
gas to disperse students from the bridge, injuring at least 20 students 
(see Section 1.c.).
    The Constitution provides for freedom of association with the 
limitation that citizens may not form political parties based on 
ethnicity, religion, or region, and the Government respects these 
provisions in practice. There are 24 political parties.
    c. Freedom of Religion.--The new Constitution, provides for ``the 
right of the free development of each individual in their . . . 
spiritual, cultural and religious dimensions,'' and the Government 
supports the freedom to practice one's religious beliefs, as long as 
persons respect public order, social peace, and national unity.
    Religious organizations must register with the Interior Ministry. 
This registration is a formality and there is no evidence that it ever 
has been denied.
    Islam is the dominant religion and is practiced by over 90 percent 
of the population. Christians (including Jehovah's Witnesses) and 
Baha'is practice freely. The cities of Say, Kiota, Agadez, and 
Madarounfa are considered holy by the local Islamic communities, and 
the practice of other religions in those cities is not as well 
tolerated as in other areas. No religious group is subsidized 
officially, although the Islamic Association has a weekly broadcast on 
the government-owned (and the only) television station. Christian 
programming generally is broadcast only on special occasions such as 
Christmas.
    The State must authorize construction of any place of worship.
    Foreign missionaries work freely, but their organizations must be 
registered officially as associations.
    There were instances during the year in which local police stated 
that they were not confident that they could ensure the safety of 
foreign missionaries.
    On April 15, the Assemblies of God Church in Niamey was notified by 
the mayor's office that it must close until the ``new order'' is 
established, presumably until a democratically elected government is in 
place in early 2000. The church has been in its location since 1996 and 
has had an ongoing problem with one of it neighbors. The neighbor, who 
is from another Christian group, has been trying actively to have the 
church closed since its establishment. The church has been trying to 
find an amicable solution to maintain its good relationships in the 
community while protecting its interests against attacks by the 
neighbor. The police and local authorities had been responsive and 
supported the church's right to exist in the neighborhood. The 
authorities ordered the church to close; however, this order was not 
enforced and the church remained open (see Section 5).
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for freedom of movement 
and does not restrict either emigration or repatriation; however, 
authorities imposed some restrictions on these rights. Some ministers 
of the former government were prohibited from leaving the country 
pending inquiries into their financial affairs. International election 
monitors were prohibited from traveling to polling stations throughout 
the country during the February local elections. In addition security 
forces at checkpoints monitor the travel of persons and the circulation 
of goods, particularly near major population centers, and sometimes 
demand extra payments. Attacks by bandits on major routes to the north 
have declined considerably. Among the Hausa and Peul in the east, some 
women are cloistered and may leave their homes only if escorted by a 
man and usually only after dark (see Section 5).
    The law does not provide for granting asylum or refugee status in 
accordance with the standards of the U.N. Convention Relating tothe 
Status of Refugees. However, the Government cooperates with the office 
of the U.N. High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in assisting refugees. In accordance with 
U.N. principles, the Government offers first asylum. To date it has 
offered asylum to several thousand persons from neighboring countries 
as well as smaller numbers from distant countries. A few Chadian 
refugee families remain in the country.
    There were no reports of the forced repatriation of persons to a 
country where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    The Constitution provides for the right of citizens to change their 
government; however, the January 1996 coup, the fraudulent 1996 
presidential election, the disruption of February local elections, and 
the April coup effectively disenfranchised citizens, preventing them 
from exercising this right. The July Constitution provides for a 
semipresidential system with the President as head of state and the 
Prime Minister as head of government. The President must choose the 
Prime Minister from a list of three presented by the majority party or 
coalition in the National Assembly. Seven candidates qualified for the 
first round of presidential elections held on October 17. Since no 
candidate received 51 percent of the vote, a second round was held on 
November 24. In the second round, Tandja Mamadou was elected President 
with 60 percent of the vote in an election that was considered by 
international observers to be generally free and fair. Reportedly 39 
percent of the country's population participated in the election. In 
the November 24 National Assembly elections, the National Movement for 
the Development of Society and the Democratic and Social Convention 
(MNSD/CDS) coalition backing Tandja won 55 of the 83 seats in the 
Assembly. Five of the country's 11 political parties are represented in 
the National Assembly. Tandja was inaugurated on December 22 and was 
expected to appoint a new Prime Minister at the beginning of 2000.
    In February local elections were held to start the process of 
decentralization, which had been initiated before 1996. Communities 
were to elect municipal, departmental, and regional councils giving 
localities more autonomy to manage their affairs. All political parties 
participated in the elections. Although security forces tried to impede 
the movement and access of international observers before the voting 
began, the observers judged the elections to be free and fair in their 
technical conduct; however, the more serious disruptions occurred in 
the compilation and publication of the results. After the vote counts 
(which clearly showed that the presidential RDP party would not have an 
overwhelming majority), the results were transferred to the Independent 
Election Commission (CENI) offices where security forces broke in, 
destroyed results and equipment, and in some cases injured workers. As 
each polling station had political party representatives present during 
the vote count, actual results could have been reconstructed; however, 
the Government acknowledged problems but deferred to the constitutional 
chamber of the Supreme Court to rule on the results and to the judicial 
system to deal with any irregularities.
    On April 6, the Supreme Court, holding to a strict interpretation 
of the law, only validated those results for which original, signed 
official records were available. To replace the missing vote tallies, 
voting would have to be repeated in about 4,000 polling stations, 
approximately 40 percent of the total. On April 8, the Government 
called on the public to respect the decision of the court and to remain 
calm. It also promised to take the necessary measures to identify and 
punish those responsible for the ``troubles.''
    On April 9, President Ibrahim Mainassara Bare, who came to power by 
a coup d'etat in January 1996, was assassinated by members of his 
presidential guard. Several days after Bare's assasination, a group of 
military officers led by Major Daouda Malam Wanke (commander of the 
presidential guard) asserted control over the Government, called the 
assassination an ``unfortunate accident,'' and subsequently suspended 
the Constitution, dissolved the National Assembly, and created three 
bodies to oversee a 9-month transition to a democratically elected 
government. Major Wanke's transition plan was supported by members of 
11 of the country's opposition parties. Major Wanke and his military 
officers retained effective control of the country during the interim 
period through the CRN. The CRN formed a cabinet with civilian members 
of political parties, traditional chiefs, and former government 
leaders, and scheduled a first round of presidential elections for 
October 17, and a presidential runoff and legislative elections for 
November 24. The National Consultative Council consisted of members of 
political parties, civil society, traditional chiefs, and former 
government leaders and addressed fundamental questions, such as the 
role of political parties, the Electoral Code, and a new Constitution. 
The National Consultative Council was created to fill the role of 
thedissolved National Assembly; however, this body was limited to 
making recommendations and was not granted legislative powers.
    On July 18, a new Constitution was approved by 90 percent of the 31 
percent of the population that voted in the referendum. It reiterates 
rights granted under the 1992 and 1996 constitutions. The Constitution 
provides for a political system with checks and balances, a 
representative one chamber national assembly, and an independent 
judiciary. Citizens 18 years of age and over can vote, and voting is by 
secret ballot. The Prime Minister is no longer subordinate to the 
President; however, the Prime Minister must be chosen from a list of 
three candidates submitted to the President by the majority of the 
National Assembly.
    The Constitution also granted a general amnesty to the perpetrators 
of the 1996 and 1999 coups; the amnesty is scheduled to be approved in 
the first session of the next National Assembly, which was expected to 
meet in January 2000. The Constitution also allowed governmental 
authorities to remain in place until new elections were held.
    Women traditionally play a subordinate role in politics. The 
societal practice of husbands' voting their wives' proxy ballots 
effectively disenfranchises many women. This practice was used widely 
in presidential and National Assembly elections.
    Women are underrepresented in government. Only one woman won a seat 
in the new National Assembly and there are two female ministers in the 
Government.
    The Government supported greater minority representation in the 
National Assembly, but no seats in the National Assembly are reserved 
for ethnic minorities. President Tandja is the country's first 
president who is not from either the Hausa or the Djerma ethnic groups, 
which make up about 56 percent and 22 percent, respectively, of the 
country's population (see Section 5). Although there are some questions 
about President Tandja's ethnicity, he is reportedly half Peul and half 
Kanouri. All major ethnic groups are represented in the Government.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several independent human rights groups and associations normally 
operate without government hindrance, and they publish findings and 
conclusions that often are highly critical of the Government in their 
own publications and in the small independent press. Notable among the 
associations are the Nigerian Association for the Defense of Human 
Rights (ANDDH); Democracy, Liberty, and Development (DLD); the Nigerien 
League for the Defense of Human Rights (LNDH); the Association for the 
Protection and Defense of Nigerien Human Rights (ADALCI); the Network 
for the Integration and Diffusion of the Rights in the Rural Milieu 
(RIDD-FITLA); the Niger Independent Magistrates Association (SAMAN); 
and the Association of Women Jurists of Niger. There are several other 
women's rights groups. The International Committee for the Red Cross is 
active in the country. The Government invited international observers 
to the February municipal elections and the October and November 
presidential and legislative elections. During the February elections, 
some international observers were prevented by RDP authorities from 
traveling to polling places throughout the country. However, during the 
October and November elections, about 200 international observers 
monitored polling stations throughout the country, reportedly with no 
intervention.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, and 
        Language, or Social Status
    The Constitution prohibits discrimination based on sex, social 
origin, race, ethnicity, or religion. However, in practice there is 
discrimination against women, children, ethnic minorities, and disabled 
persons, including limited economic and political opportunities.
    Women.--Domestic violence against women is widespread, although 
firm statistics are lacking. Wife beating is reportedly common, even in 
upper social classes. 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, due to ignorance of the legal system, fear of social stigma, 
or 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.
    Despite the Constitution's provisions for women's rights, the deep-
seated traditional belief in the submission of women to men results in 
discrimination in education, employment, and property rights.
    Discrimination is worse in rural areas, where women do much of the 
subsistence farming as well as child-rearing, water- and wood-
gathering, and other work. Despite constituting 47 percent of the work 
force, women have made only modest inroads in civil service and 
professional employment and remain underrepresented in these areas.
    Women's inferior legal status is evident, for example, in head of 
household status: A male head of household has certain legal rights, 
but divorced or widowed women, even with children, are not considered 
to be heads of households. Among the Hausa and Peul in the east, some 
women are cloistered and may leave their homes only if escorted by a 
male and usually only after dark. In 1994 the Government considered a 
draft family code 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. However, in 
June 1994 when Islamic associations criticized the draft code, the 
then-Government suspended discussions. The Government has taken no 
further action on the family code, although on August 13, it ratified 
the Convention for the Elimination of All Forms of Discrimination 
Against Women. Some Islamic groups criticized the treaty and complained 
that they were not consulted beforehand. Women's groups have so far 
been silent, allegedly due to fear of reprisals. The same Islamic 
militant groups worked against the family code, and reportedly 
threatened women who supported the code with physical harm.
    Children.--Although the Constitution provides that the State 
promote children's welfare, financial resources are extremely limited. 
The minimum period of compulsory education is 6 years; however, only 
about 32 percent of children of primary school age attend school, and 
about 60 percent of those who finish primary schools 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, compared with 18 percent for males.
    Secondary school students in May conducted two violent 
demonstrations to protest the nonpayment of their stipends. Students 
used rocks, burned tires, and stopped traffic. There were no reported 
injuries and classes resumed within a few days.
    Tradition among some ethnic groups allows young girls from rural 
families to enter into marriage agreements on the basis of which girls 
are sent by the age of 10 or 12 (or younger) 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.
    Female genital mutilation, which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, is practiced by several ethnic groups in the 
extreme west and far eastern areas of the country. Clitoridectomy is 
the most common form of FGM. FGM is not illegal, but the Government is 
engaged firmly in an effort to eliminate the practice. The Government 
is working closely with a local NGO, the United Nations Children's 
Fund, and other donors to develop and distribute educational materials 
at government clinics and maternal health centers.
    People with Disabilities.--The Constitution mandates that the State 
provide for the disabled; however, the Government has yet to implement 
regulations to mandate accessibility to buildings and education for 
those with special needs. Regulations do not mandate accessibility to 
public transport, of which there is little. Societal discrimination 
against persons with disabilities exists.
    Religious Minorities.--At times Muslims have not been tolerant of 
the rights of minority religions to practice their faith. On April 19, 
1998, Catholic and Protestant churches in Maradi, in the south central 
region on the Nigerian border, were attacked by a group of 
demonstrators who allegedly included some local Shi'ite Muslims. Some 
injuries to parishioners were reported and altars and religious 
artifacts were damaged or destroyed. Police responded within 40 minutes 
and arrested some of the demonstrators.
    In mid-November 1998, members of a Baptist mission encountered 
problems with some members of the local Muslim community in Say, one of 
the Islamic holy cities and site of the Islamic University. Baptist 
missionaries had been active in the region for over a year and were 
well accepted by the population until they considered building a 
church. At that time, some local community members threatened to burn 
down the missionaries' houses unless they left Say by the end of the 
week. When the Baptist mission members reported this threat to the 
authorities,they were told that, while it was within their rights to be 
there, the local police force could not ensure their safety. The 
missionaries continued to work in the Say region, but they decided to 
postpone their church-building plans.
    On August 20, members of the Southern Baptist Mission in Say 
received threats of physical harm from members of a local Islamic 
association unless they left the city by the end of the week. The 
missionaries have been receiving periodic threats since November 1998 
when they announced their intention to build a church in Say, which is 
considered an Islamic holy city. The missionaries reportedly left Say 
following these threats and permanently relocated to another location 
in the country (see Section 5).
    National/Racial/Ethnic Minorities.--The Hausa and Djerma ethnic 
groups make up about 56 percent and 22 percent, respectively, of the 
country's population of more than 10 million. These two groups also 
dominate government and business. Tandja Mamadou is the country's first 
president who is neither Hausa nor Djerma. Ethnic minorities--Tuareg, 
Peul, Toubou, Kanouri, and Arab--continue to assert that the Hausa and 
Djerma discriminate against them. However, the Government recently has 
increased education and health care for ethnic minorities. It supports 
the April 1995 peace accord calling for special development efforts in 
the north where the Tuareg population is dominant. However, nomadic 
people, such as Tuaregs and many Peul, continue to have less access to 
government services, and the suspension of foreign assistance has 
limited the Government's ability to fulfill its commitments to former 
rebel areas.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides formal 
recognition of workers' longstanding right to establish and join trade 
unions. However, more than 95 percent of the work force is employed in 
the nonunionized subsistence agricultural and small trading sectors.
    The National Union of Nigerian Workers (USTN), a federation made up 
of 38 unions, represents the majority of salary earners; most are 
government employees, such as civil servants, teachers, and employees 
in state-owned corporations. The USTN and affiliated National Union of 
Nigerian Teachers (SNEN) profess political autonomy, but like most 
unions, have informal ties to political parties. There is also a small 
breakaway union confederation, and independent teachers' and 
magistrates' unions. However, police, water, and forest worker unions, 
shut down by the Government in 1996 because of their ``paramilitary 
nature,'' remain suspended. The customs workers union, suspended in 
1996 for the same reason, was dissolved in 1997.
    The Constitution provides for the right to strike, except for 
security forces and police, although the police held a 2-day work 
stoppage in July to protest nonpayment of salaries. In 1994 the 
National Assembly passed a 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 provide minimum service; and 
that striking public sector workers not be paid for the time they are 
on strike. The latter condition already prevailed in the private 
sector.
    During the year, labor continued to challenge the Government on 
various issues affecting workers. The USTN called many short strikes, 
generally of 1 to 3 days' duration, to support demands for: Payment of 
several months' wage arrears; the repeal of a new mandatory retirement 
law; the removal of the Minister of Finance; cancellation of salary 
reductions for civil servants and an increase in income tax rates; and 
an end to government plans to privatize several state enterprises. Many 
of these objectives were achieved in cooperation with the transition 
government.
    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 teachers union are affiliated with international trade union 
secretariats.
    b. The Right to Bargain Collectively.--In addition to the 
Constitution and the Labor Code, there is a basic framework agreement, 
negotiated by the USTN's predecessor, employers, and the Government 
that 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 morefavorable work 
conditions. Collective bargaining also exists in the public sector. 
However, since most organized workers, including teachers, are 
government employees, the Government is involved in most bargaining 
agreements. The USTN represents civil servants in bargaining with the 
Government, and agreements between labor and management apply uniformly 
to all employees.
    The Labor Code is based on International Labor Organization 
principles. It protects the right to organize and prohibits antiunion 
discrimination by employers. Labor unions reported no such 
discrimination.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
prohibits forced or compulsory labor, except by legally convicted 
prisoners. The code does not specifically prohibit forced or bonded 
labor by children; however, there were no reports that it occurred. 
Although slavery is prohibited by the Constitution, there were a few 
media reports that slavery still is practiced by the Tuareg and Arab 
minorities, particularly in remote northern regions. During the year, 
one traditional chief was arrested based on charges that he practiced 
slavery. While there is a traditional indentured servant caste, it 
could not be confirmed that these individuals are forced into 
servitude.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Child labor in nonindustrialized enterprises is permitted 
by law under certain conditions. Children under the age of 14 must 
obtain special authorization to work, and those 14 to 18 years of age 
are subject to limitation on hours (a maximum of 4\1/2\ hours per day) 
and types of employment (no industrial work) so that schooling may 
continue. Minimum compulsory education is 6 years, but far 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. Forced or bonded labor by children is not prohibited 
specifically; however, there were no reports of its use (see Section 
6.c.). 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, and some, especially foreign youths, are hired in homes as 
general helpers and baby sitters for very low pay. Rural children (the 
majority) regularly work with their families from a very early age--
helping in the fields, pounding grain, tending animals, getting 
firewood and water, and other similar tasks. Some children are kept out 
of school to guide a blind relative on begging rounds. Others sometimes 
are employed by marabouts (Koranic teachers) to beg in the streets. 
There is no official recognition of this labor.
    e. Acceptable Conditions of Work.--The Labor Code establishes a 
minimum wage for a salaried worker of each class and category within 
the formal sector. The lowest minimum wage is $42 (24,565 CFA) 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 standard of living for workers 
and their families. Government salaries are substantially in arrears, 
which was a significant factor in stimulating strikes during the year. 
Most households have multiple earners (largely in 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 of up to 72 hours. There were no reports of 
violations.
    The Labor Code also establishes occupational safety and health 
standards. However, due to staff shortages, 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, union workers are in many cases not 
well informed of the risks posed by their jobs. Workers have the right 
to remove themselves from hazardous conditions without fear of losing 
their jobs.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons; however, there were no reports that persons were trafficked 
in, to, or from the country.
                                 ______
                                 

                                NIGERIA

    The military regime of General Abdulsalami Abubakar implemented its 
program of transition to democratic civilian government begun in June 
1998 with the election and subsequent inauguration of retired General 
Olusegun Obasanjo on May 29 as President. Formally, the Government 
remained a military dictatorship for the first 5 months of the year, 
with all decisionmaking authority vested in the Provisional Ruling 
Council (PRC), headed by the Commander-in-Chief of the armed forces, 
General Abubakar. The PRC ruled by decree, without a constitution or 
collaborative legislature. In accordance with Abubakar's transition 
program, members of the new civilian government were chosen in four 
elections held over a 3-month period. Elections for local government 
leaders were held in December 1998, those for state legislators and 
governors in January, and those for national legislators and president 
in February. Three loosely structured parties emerged to contest these 
elections, with the People's Democratic Party (PDP) winning the 
presidency and most governorships and state assemblies in the 
southeastern and middle parts of the country, as well as several 
northern states. A largely Yoruba-based party, the Alliance for 
Democracy (AD), won the governorships and state assemblies in the 
southwestern states, and the All Peoples Party (APP) won several 
northern states and a few middle-belt states. The elections, most 
notably the presidential election, were marred by fraud and 
irregularities perpetrated by all contesting parties, but most 
observers agreed that the election of Obasanjo as President, despite 
the observed fraud, reflected the will of the majority of voters. 
Before transferring power to the civilian administration, the Abubakar 
Government signed into law on May 5 (effective May 29) a new 
Constitution based largely on the suspended 1979 Constitution; this new 
Constitution prescribes a democratic federal nation consisting of 36 
states and a federal capital territory. The Constitution provides for 
an independent judiciary; however, in practice the judicial branch 
remains susceptible to executive and legislative branch pressure, 
influence by political leaders at both the state and federal levels, 
and suffers from corruption and inefficiency.
    A federal national police force is tasked with law enforcement. 
Local and state police forces are prohibited by the Constitution. 
Internal security is the duty of the State Security Service (SSS). The 
SSS was scaled down drastically and reformed under Abubakar, and its 
profile continued to decline under Obasanjo. Until the advent of the 
civilian administration in May, special paramilitary anticrime squad 
``Rapid Response Teams'' operated in every state. Under Obasanjo the 
military personnel dispatched to these units returned to their 
barracks, but the units remained intact in most states, staffed by 
regular policemen but with a reduced role and a less menacing presence. 
After the transfer to civilian rule on May 29, the Obasanjo Government 
abruptly retired all military officers who had held political posts and 
began to dismiss some categories of senior police commanders. It also 
began major reforms and restructuring of the security services. While 
under Abubakar the army occasionally was deployed to trouble spots, 
under Obasanjo the army was used less frequently to quell internal 
disorder, and the degree of civilian control over the Rapid Response 
Teams and the national police force improved. Members of the security 
forces, including the police, anticrime squads, and the armed forces 
committed numerous, serious human rights abuses, but did so less 
frequently under the Obasanjo Government.
    Most of the population of approximately 120 million was rural and 
engaged in small-scale agriculture. Agriculture accounted for less than 
40 percent of gross domestic product but employed more than 65 percent 
of the work force. Although the great bulk of economic activity is 
outside the formal sector, recorded gross domestic product per capita 
was $260. Much of the nation's wealth had been concentrated in the 
hands of a tiny military, political, or commercial elite through 
corruption and nontransparent government contracting practices. Crude 
oil exports provided the preponderance of both national foreign 
exchange earnings and government revenues. During the year the economy 
was static, with growth still impeded by grossly inadequate 
infrastructure, endemic corruption, and general economic mismanagement. 
Many direct controls on the private sector have been removed, but a 
huge and inefficient public sector continues to dominate and inhibit 
the formal sector. Government revenue rose following the doubling of 
world oil prices, but much of the gain was offset by production-site 
shut-downs due to ongoing community unrest in the oil-producing areas, 
which decreased oil production. The chronic fuel shortages that 
afflicted the country for several years largely ended by mid-year, 
mostly because the Government spent more than $400 million 
(approximately 40 billion naira) to subsidize fuel imports. The 
Government reintroduced fertilizer subsidies and announced a phased, 
potentially lengthy privatization process.
    There continued to be serious problems in the Government's human 
rights record; however, there were marked improvements inseveral areas 
during the year. After 16 years of military rule, citizens had the 
opportunity to choose their government in elections. National police, 
army, and security forces committed numerous extrajudicial killings and 
used excessive force to quell civil unrest under both the Abubakar and 
Obasanjo governments, although they did so less frequently than under 
the Abacha regime. Disappearances remained a problem. Army, police, and 
security force officers regularly beat protesters, criminal suspects, 
detainees, and convicted prisoners; however, there were no reports of 
torture of political dissidents. The Government took steps to curb 
torture and beating of detainees and prisoners, including the dismissal 
and arrest of senior officials well known for beating detainees. Prison 
conditions were harsh and life threatening, and along with the denial 
of food and medical treatment, contributed to the death of numerous 
inmates. The Government released several thousand prisoners in an 
attempt to ease prison congestion. In May the Government repealed the 
State Security (Detention of Persons) Decree of 1984 (Decree 2), which 
had allowed prolonged arbitrary detention without charge; however, 
police and security forces continued to use arbitrary arrest and 
detention, and prolonged pretrial detention remains a problem. After 
Obasanjo's inauguration, the Government ceased to use military 
tribunals to try civilians and announced the release of all known 
political prisoners and most known political detainees. The judiciary 
is subject to political influence, and is hampered by corruption and 
inefficiency. The Government continued to prove incapable of providing 
citizens with the right to a speedy, fair trial. The Government 
continued to infringe on citizens' privacy rights. Under both Abubakar 
and Obasanjo the Government generally respected freedom of speech and 
of the press; however, there were a few exceptions. Security force 
beatings of journalists, government seizures of newspaper print runs, 
and harassment of newspaper printers, advertisers, and distributors 
declined significantly. The Government significantly relaxed its 
restrictions on the rights of freedom of association, assembly, and 
movement. The Government restricts freedom of religion in certain 
respects. The National Assembly convened in June and began 
deliberations on national policies and legislation. In June the 
Government established a governmental panel to review cases of human 
rights violations dating back to independence (1960). The panel 
received approximately 11,000 petitions for redress by alleged victims 
of human rights abuses.
    Domestic violence against women remained widespread and permitted 
by traditional and customary law. Discrimination against women remained 
a problem. Female genital mutilation (FGM) remained widely practiced, 
and child abuse and child prostitution were common. Localized 
discrimination and violence against religious minorities persisted. 
Ethnic and regional discrimination remained widespread and interethnic 
and regional tensions often became violent. Numerous persons were 
killed in various local ethnic conflicts throughout the country. Some 
members of the Ijaw ethnic group in the oil-producing Niger Delta 
region who seek greater local autonomy continued to commit serious 
abuses, including killings and kidnapings. In March 130 persons were 
killed in Kafanchan in intercommunal rioting between Hausa and local 
minorities. In July ethnic clashes occurred in Kano and Sagamu, 
resulting in approximately 200 deaths. The Government took steps to 
improve worker rights; however, some persons, including children, were 
subjected to forced labor. Child labor is increasing. Trafficking in 
persons for purposes of forced prostitution and forced labor is a 
problem. There was an increase in vigilante violence throughout the 
country, particularly in Lagos, where suspected criminals were 
apprehended, beaten, and sometimes killed.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--National police, 
army, and security forces committed numerous extrajudicial killings and 
used excessive force to quell civil unrest under both the Abubakar and 
Obasanjo Governments, although they did so less frequently than under 
the Abacha regime. While under both Abubakar and Obasanjo the 
Government largely ceased using lethal force to repress nonviolent, 
purely political activities, when protests or demonstrations were 
perceived as becoming violent or disruptive, or in the apprehension and 
detention of suspected criminals, police and security forces committed 
numerous extrajudicial killings. The State anticrime task forces, as 
during the Abacha period, remained the most egregious human rights 
offenders. Neither the task forces, the police, nor the armed forces 
were held accountable for excessive, deadly use of force or the death 
of individuals in custody. They operated with impunity in the 
apprehension, illegal detention, and sometimes execution of criminal 
suspects. Since taking office, President Obasanjo largely resisted 
pressure to call in military troops to quell domestic unrest, which 
reduced the risk that the armed forces would overreact or harass 
civilians. Instead, Obasanjopreferred to let the police deal with 
clashes between rival ethnic groups. However, the police forces often 
have a difficult time restoring order; as a result, military troops 
sometimes are deployed to reinforce the police. Multinational oil 
companies and Nigerian oil producing companies subcontract police and 
soldiers from area units. Such deployment is done most frequently to 
protect the oil facilities in the volatile Niger Delta region.
    Police and military personnel used excessive and sometimes deadly 
force in the suppression of civil unrest and interethnic violence, 
primarily in the oil and gas regions of the country, where there has 
been an upsurge in confrontations between increasingly militant youths, 
oil companies, and government authorities. For example, in December 
1998, about 4,000 Ijaw activists met and issued the ``Kaiama 
Declaration,'' which demanded that all government armed forces withdraw 
from Ijaw areas, that oil companies stop all production by December 30, 
and emphasized that the Delta region belonged to the Ijaw. In response 
to a perceived threat, the Government deployed additional armed forces 
in Bayelsa State and declared a state of emergency there. The state of 
emergency was lifted on January 4. At least 20 Ijaw died in the clashes 
between Ijaw youth protesters and military troops in Yenagoa, Bayelsa 
State between December 30 and January 4. On January 4, soldiers killed 
at least four civilians in Delta State in the Niger Delta region after 
attacks on oil production facilities by members of the surrounding 
communities. On January 6, the military commandeered privately owned 
helicopters that normally are leased to foreign oil companies and used 
these helicopters to quell community protests in two Ijaw villages in 
Delta State by allegedly firing indiscriminately at villagers from the 
helicopters. Official figures indicate that security forces killed 
approximately 35 persons before the state of emergency protests in 
Bayelsa and Delta States ended on January 10; there were some reports 
of higher figures. No one has been held accountable. The soldiers 
allegedly also beat and raped Bayelsa State residents, detained Ijaw 
members, and aggressively manned military checkpoints (see Sections 
1.c., 1.d., 1.f., and 2.d.). The soldiers involved in the December 1998 
and January attacks in Bayelsa and Delta States were not held 
accountable, nor were there any official inquiries. During an attack 
that occurred on April 19 and 20, state security personnel attached to 
an oil flow station owned by the international company Agip in Bayelsa 
State killed 8 members of the Ijaw ethnic group after a boat carrying 
approximately 22 persons allegedly disobeyed their orders to stop. The 
boat allegedly was going to a destination other than the flow station. 
(In May Agip apparently broke precedent by agreeing out of court to pay 
compensation for policemen acting on its behalf who shot and killed 
several persons.)
    The use of excessive force to suppress protests was not confined to 
conflicts pertaining to oil company activities. On April 14, police in 
Lagos reportedly shot and killed at least seven persons as a violent 
riot (resulting in some police injuries) broke out during the attempted 
demolition of a vegetable market in the Ketu area of northeast Lagos. 
One press report put the death toll as high as 22 persons. On August 
20, police reportedly killed six students and injured others when they 
fired into a group of demonstrating college students in Osogbo, Osun 
State. The students allegedly were protesting the nonpayment of 
teachers' wages, which forced the closure of four universities in the 
state (see Section 2.a.). When their protest became disruptive and 
threatened the security of the state secretariat buildings, the police 
fired into the crowd.
    Police, military, and anticrime taskforce personnel committed 
numerous extrajudicial killings in the apprehension and detention of 
suspected criminals. For example, on April 14, army personnel stationed 
in Ijebu Ode, Ogun State, killed approximately 20 motorcycle taxi 
(okada) drivers in a revenge rampage after 1 of their colleagues 
allegedly was murdered by a taxi driver. On June 29, police at the 
Sapele police station in Ughelli, Delta State executed approximately 
six men accused of armed robbery. The men were arrested and detained on 
June 25; all were executed extrajudicially. The family of one of the 
executed men, Adetaye Agbah, filed a petition against the offending 
divisional police officer at the station, but as of year's end no 
charges were filed. On August 30, four civilians reportedly were killed 
and six others injured in an incident in Warri, Delta State in which 
soldiers fired into a crowd of clashing youths. Two rival factions of 
Itsekiri youths were involved in a political dispute that became 
violent, prompting soldiers to fire into the crowd. The soldiers were 
part of an army contingent dispatched to Warri, Delta State to quell 
ethnic violence. On September 1, members of Yobe State's anti-crime 
task force (``Operation Flush-Out'') killed four brothers suspected of 
armed robbery. The task force was unable to apprehend the criminals in 
the act, but while searching the vicinity of the robbery, they 
encountered the four persons. The task force suspected the four youths, 
briefly interrogated them, and then executed them extrajudicially. No 
legal action was taken against these security officials by year's end.
    Under Obasanjo violence and lethal force at police roadblocks and 
checkpoints was reduced greatly, largely due to the reduction in 
roadblocks in most areas (with the notable exception of Lagos). 
Obasanjo's order to reduce checkpoints and roadblocks also affected the 
National Drug Law Enforcement Agency (NDLEA), and resulted in a 
decrease in the use of violence and lethal force at NDLEA checkpoints 
and roadblocks.
    Criminal suspects died from unnatural causes while in official 
custody, usually as the result of neglect and harsh treatment. On 
January 2, a man died while in the custody of the Lagos police special 
antirobbery squad. Godfrey Opuoru died in his jail cell following days 
of intense interrogation and abuse by officers and police squad 
members, according to a report from a reputable civil liberties 
organization. Members of the squad were attempting to obtain a 
confession from him concerning a stolen vehicle. The Civil Liberties 
Organization (a reputable human rights organization) filed a petition 
with the National Human Rights Commission and the Justice Oputa Panel 
concerning his case, but there has been no action yet against the 
officers of the Special Anti-Robbery Squad who allegedly killed him.
    Harsh and life threatening prison conditions and denial of proper 
medical treatment contributed to the death of numerous inmates (see 
Section 1.c.).
    In October the investigation into the murder of Newswatch editor 
Dele Giwa on October 19, 1986 reportedly was reopened (see Sections 
1.c. and 2.a.). The Government offered no new developments in the death 
of journalist Bagauda Kaltho. Kaltho's family reportedly has filed a 
petition with the Justice Oputa panel.
    In September Obasanjo gave his approval for the prosecution of 
Hamza Al-Mustapha and Sergeant Rogers Mshiella for the murder of 
Kudirat Abiola and other offenses (see Sections 1.e and 2.a.). The 
Federal Government continues to investigate and detain former Abacha 
government officials and family members, including former Minister of 
the Interior Capital Territory Jerry Useni, former National Security 
Advisor Ismaila Gwarzo, Abacha's wife Maryam, Abacha's son Mohammed, 
and Colonel Ibrahim Yakassai, for the killings of prominent 
prodemocracy activists in Lagos. In November the case of Hamza Al-
Mustapha, Mohammed Abacha, Mohammed Rabo Lawal, Lateef Shofalan, and 
Mohammed Aminu for the murder of Kudirat Abiola, a prominent 
prodemocracy activist and the wife of Moshood Abiola, was moved to 
Lagos High Court. They were charged with murder, a capital crime. 
Sergeant Rogers, the alleged killer, is listed as a prosecution 
witness. At year's end, the Government had not discussed whether he 
would receive immunity for any of his alleged crimes.
    Former Army Chief of Staff Ishaya Bamaiyi was detained on October 
13 for questioning about his involvement in the attempted murder of 
Guardian newspaper publisher Alex Ibru on February 2, 1996. Bamaiyi 
challenged his detention without charge and won a reprieve in the Abuja 
court in early November. The Government arraigned Bamaiyi in the Lagos 
magistrate court on November 15, the same day that Bamaiyi's appeal for 
release was to be heard in Abuja. Mustapha, former Lagos police 
commissioner James Danbaba, and Colonel Yakubu, also were charged in 
the attempt on Ibru. At year's end, the defendents were being held at 
Kiri Kiri maximum security prison. The Government has detained other 
Abacha-era security officials, such as Brigade General Ibrahim Sabo, 
the former Director of Military Intelligence, who allegedly oversaw the 
torture of hundreds, perhaps thousands of persons.
    Destructive societal violence claimed many lives. Vigilante groups 
in large cities, particularly Lagos and Kano, committed numerous 
extrajudicial killings of suspected criminals. These groups were 
particularly active from March to July after an upsurge in violent 
crime in the waning days of the Abubakar regime and in the first months 
of the Obasanjo Government. The vigilante groups were more than mobs 
intent on administering immediate street justice to criminals caught in 
the act. They were fairly well organized and engaged in lengthy 
attempts to apprehend criminals days after the alleged offenses were 
committed. There also were numerous reports of angry street mobs 
apprehending and killing suspected criminals. The practice of 
``necklacing'' (death in which a gasoline-soaked tire is place around a 
victim's neck or torso and then ignited, burning the victim to death) 
criminals caught in the act continued in cities throughout the country.
    During the year, there was an upsurge in lethal interethnic and 
intraethnic violence throughout the country. During May and June, the 
Ijaw, Itsekiri, and Urhobo ethnic groups clashed in the Delta State 
town of Warri, leaving approximately 200 persons dead. Disputes about 
the location of a local government headquarters, in addition to 
widespread disaffection and bitterness caused by perceived government 
neglect of the area, reportedly caused the violence. On July 17, 
violence erupted between the majority Yoruba population and the 
minority Hausapopulation in the southern city of Sagamu, Ogun State. 
The clash began after a Hausa woman reportedly failed to observe the 
customs of a traditional Yoruba festival by breaking a taboo against 
being outdoors when the festival parade begins (see Section 5.). Irate 
Yorubas apparently chased the offending woman and killed her, after 
which Hausas retaliated. The ensuing 3-day period of violence left 
approximately 100 persons, mostly Hausas, dead. This incident ignited 
reciprocal violence on July 21 in the northern, predominantly-Hausa 
city of Kano, with the Hausa majority attacking the Yoruba minority. 
Approximately 80 persons died over a 4-day period; the majority of the 
victims were Yorubas. On July 26, violence between two Igbo communities 
erupted in Otuacha, Anambra State resulting in 120 deaths. Although the 
cause for the clash was unclear, local newspapers blamed a longstanding 
land dispute. From June through August, violent confrontations between 
the Ilaje and Ijaw ethnic groups occurred in Ondo State, resulting in 
approximately 30 deaths. Land disputes also appeared to be a reason for 
these clashes (see Section 5). Violence on November 1 and 2 between 
Ijaw and Ilaje youths in Lagos left at least 19 persons dead. The 
violence was due partly to territorial disputes in nearby Ondo State, 
as well as to confrontations between suspected Ijaw armed robbers and 
members of the Oodua Peoples Congress (OPC), a Pan-Yoruba group that 
sometimes engages in vigilante patrols in Lagos. Seven members of the 
Bayelsa police were killed in Odi the following week, apparently in 
response to the previous week's skirmishes. On November 20, government 
troops killed several Ijaw youths in the same area. According to police 
reports, soldiers killed 162 persons during the month's clashes in Odi; 
however, local communities insist that more than 500 persons were 
killed. The Inspector General of Police, Musiliu Smith, ordered an 
investigation of the number of civilians killed by soldiers in Odi to 
resolve conflicting reports, and on November 23, Senate President Chuba 
Okadigbo led a legislative fact-finding mission to Odi. By year's end, 
the investigation of the Odi incident had produced no results. Twelve 
police officers were among the persons killed during November's 
violence in Odi. On November 25, fighting between Yoruba and Hausa 
traders in Ketu, a Lagos suburb, resulted in over 100 deaths. Most of 
those killed died of machete wounds, but many of the deaths and 
injuries occurred as victims were doused with gasoline and set on fire. 
In an effort to quell the violence, President Obasanjo ordered police 
to ``shoot-on-sight'' members of the OPC. As of year's end, there were 
no reports of police killings as a result of this order.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Members of minority ethnic groups in the oil-producing areas 
kidnaped foreign and local oil company employees throughout the year to 
press their demands for more redistribution of wealth generated by 
joint ventures with the state-controlled petroleum corporation and for 
specific projects in their areas. The incidence of kidnaping increased 
during the year, with approximately 50 such incidents occurring. On 
June 6, Ijaw youths kidnaped 48 oil company employees, including many 
foreigners, reportedly as a response to an ongoing dispute over a 
Texaco oil spill in July 1998 in Bayelsa State. In exchange for 
agreements to discuss compensation, on June 13 they were all released 
unharmed and without ransom.
    In addition to the political rationale for kidnaping, there were 
numerous instances of strictly criminal kidnaping, in which the 
perpetrators' sole objective was ransom for the release of the victims. 
During the year, kidnapings by criminals to extort money overtook in 
number those perpetrated for ``political'' reasons. In February Ijaw 
youths took several foreigners hostage in Warri. On March 3, armed men 
took a foreigner hostage from an offshore dredging vessel. In March a 
hostage was released after the payment of a $53,000 (5.25 million 
naira) ransom by an international oil company. On June 27, the group 
``Enough is Enough in the Delta'' hijacked an oil company helicopter, 
kidnaping several foreigners on board. Ransom for the pilots and 
passengers was set at $150,000 (15 million naira) by one hostage-taking 
group, and $80,000 (8 million naira) by another--the disparity in 
ransom demands reportedly arose because the two groups holding hostages 
were not communicating with each other. In all instances, after 
negotiations between the captors and the oil firms during which the 
firms usually paid ransoms and promised improved conditions, the 
victims were released unharmed. The victims were detained normally for 
periods of 2 days to 2 weeks and generally were treated well during 
their detention. Another reportedly was beaten. With limited manpower 
and capabilities, the police and armed forces rarely are able to 
confront the perpetrators of these acts, especially in the volatile 
Delta region.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The 1979 Constitution (suspended), the 1989 Constitution 
(never implemented), and the new Constitution (effective May 29) 
prohibit torture and mistreatment of prisoners and provide criminal 
sanctions for such abuses; however, although there were no reports of 
torture of political dissidents during the year, army, police, and 
security force officers regularly beat protesters, criminal suspects, 
detainees, and convicted prisoners. Police regularly physically 
mistreated civilians in attempts to extort money from them. Detainees 
often were kept incommunicado for long periods of time. These practices 
continued, but at a decreased level, after Obasanjo took office on May 
31. The Evidence Act of 1960 prohibits the introduction into trials of 
evidence obtained through torture. The Government took steps to curb 
torture and beating of detainees and prisoners and arrested persons, 
and plans to try senior security officials that engaged in such 
practices under the previous regime.
    In January army personnel dispatched to Delta State to quell ethnic 
violence reportedly abused civilians and looted property. Also in 
January, military officers allegedly raped Ijaw and Ikwerre women in 
Bayelsa and Rivers States; however, the Government continues to deny 
these allegations. Army personnel, who reportedly fired on the town of 
Kaiama, killed many persons, destroyed many buildings, looted property, 
and drove away the town's population of about 10,000 residents (see 
Sections 1.a. and 2.d.). In November army troops burned down the town 
of Odi in Bayelsa State, forcing residents to flee (see Sections 1.a. 
and 2.d.). According to the media and human rights organizations, in 
September and October military personnel allegedly raped Choba 
residents. According to the President and the army Chief of Staff, 
these rapes could not have occurred because the military reportedly was 
not in Choba at the time. However, local residents say that soldiers 
hired to protect oil company facilities were in the area. On April 6, 
members of Lagos State's anticrime task force severely beat members of 
the National Union of Petroleum and Natural Gas Workers (NUPENG) when 
they assembled at the Lagos headquarters of an oil company to protest 
the dismissal of several union workers (see Sections 2.b. and 6.b.). 
Police, using riot gear, attacked the reportedly peaceful protesters, 
injuring many persons seriously. There also were numerous reports of 
beatings of citizens by members of special task forces established to 
ensure the cleanliness of cities that hosted soccer matches during the 
World Youth Championship (Nigeria '99), held during the months of April 
and May.
    On June 25, members of the Lagos State anticrime task force 
reportedly beat and detained 16 civilians and 1 journalist in an 
attempt to extort money from them for their release. In August police 
in Lagos arrested a reporter on theft charges and detained him for 6 
days, during which time they physically abused him and paid other 
prisoners to do likewise.
    In November former army Chief of Staff Lieutenant General Ishaya 
Bamaiyi was arraigned in Lagos Magistrate Court in Ikeja for the 
attempted murder of Guardian publisher Alex Ibru. Also charged in the 
February 1996 murder attempt were the former Military Administer of 
Zamfara State Colonel Jubril Yakubu, former Lagos State Police 
Commissioner James Danbaba, Hamza Al-Mustapha, and Mohammed Rabo Lawal 
(see Sections 1.a. and 2.a.).
    Jerry Needam, Editor of the Ogoni Star Newspaper, was arrested on 
October 11 and detained by the State Intelligence Bureau (SIIB) in Port 
Harcourt (see Sections 1.d. and 2.a.). On October 22, police reportedly 
beat Needham in an effort to force a confession and letter of apology 
from him. While incarcerated Needham also was denied needed medical 
treatment for typhoid fever and malaria. Needam was released on bail on 
November 2. At year's end, no hearing had occurred.
    In the numerous ethnic clashes that occurred throughout the year 
(see Sections 1.a. and 5), thousands of persons were beaten and injured 
severely. Police and security forces failed to respond to many criminal 
acts in a timely manner.
    Prison and detention conditions remained harsh and life 
threatening. Most prisons were built 70 to 80 years ago and lack 
functioning basic facilities. Lack of potable water, inadequate sewage 
facilities, and severe overcrowding resulted in unhealthy and dangerous 
sanitary conditions. Disease was pervasive in the cramped, poorly 
ventilated facilities, and chronic shortages of medical supplies were 
reported. Prison inmates were allowed outside their cells for 
recreation or exercise only irregularly and many inmates had to provide 
their own food. Only those with money or whose relatives brought food 
regularly had sufficient food; petty corruption among prison officials 
made it difficult for money provided for food to reach prisoners. Poor 
inmates often relied on handouts from others to survive. Beds or 
mattresses were not provided to many inmates, forcing them to sleep on 
concrete floors, often without ablanket. Prison officials, police, and 
security forces often denied inmates food and medical treatment as a 
form of punishment or to extort money from them. Harsh conditions and 
denial of proper medical treatment contributed to the deaths in 
detention of numerous prisoners. During the year, a reputable human 
rights organization estimated that at least one inmate dies per day in 
the Kiri Kiri prison in Lagos alone. According to the nongovernmental 
organization (NGO), dead inmates promptly are buried in mass graves on 
the prison compound, usually without their families having been 
notified. A nationwide estimate of the number of inmates who die daily 
in the country's prisons is difficult to obtain because of poor (if not 
nonexistent) record keeping by prison officials.
    Both the Abubakar and Obasanjo Governments acknowledged the problem 
of overcrowding in the prisons as the main cause of the harsh 
conditions common in the prison system. Approximately 41,000 inmates 
were held in a system of 147 prisons with a maximum designed capacity 
of 33,348 prisoners. The majority of prisoners are so-called awaiting 
trial persons (ATP's), who have not been charged (see Section 1.d.).
    Both the Abubakar and the Obasanjo administrations focused on 
prison reform. In January the Ministry of the Interior claimed that the 
Presidential Committee on Prisons Decongestion released 2,433 prisoners 
after September 1998. In April the Abubakar administration released 646 
prisoners, and in August the Obasanjo Government released another 1,403 
prisoners.
    Throughout the year, the Government allowed both international and 
domestic NGO's occasional access to prisons. It did not allow them 
continuous access to all prisons.
    d. Arbitrary Arrest, Detention, or Exile.--The new Constitution 
prohibits arbitrary arrest and detention; however, the Government 
rarely observed these prohibitions. Under the Abubakar and Obasanjo 
administrations, police and security forces continued to use arbitrary 
arrest and detention; such practices decreased somewhat after 
Obasanjo's inauguration in May, but still continued.
    On May 26, in anticipation of the implementation of the new 
Constitution, Head of State Abubakar announced (in Decree 63) that all 
prior military decrees that were inconsistent with the law of the new 
Constitution were repealed. This included the State Security (Detention 
of Persons) Decree (Decree 2 of 1984), which had allowed the Government 
to detain without charge persons suspected of acts prejudicial to state 
security or harmful to the economic well-being of the country. When 
invoked, Decree 2 suspended the detainee's civil liberties and 
precluded judicial review. It authorized the Chief of Staff or the 
Inspector General of Police to detain persons for up to 3 months 
without charge. This 3-month detention often was renewed indefinitely, 
and under this procedure, in the past many persons were detained for 
several years without trial.
    The Abubakar Government claimed in March that no one was being 
detained under Decree 2, and that no one had been deprived of his 
liberty on account of Degree 2 under his administration. However, a 
civil rights group reported in May that 31 members of the Shi'a Muslim 
Brotherhood Group were being detained under Degree 2 and had been for 
over 2 years. Regardless of whether Degree 2 was cited as their reason, 
police and security forces arbitrarily detained numerous persons. For 
example, during the violence that affected Bayelsa and Delta States in 
January (see Sections 1.a., 1.c., and 5), military officials detained 
numerous ethnic Ijaw youths. Police arrested student protesters in 
January (see Section 2.a.). On April 18, Ibadan police arrested Lanre 
Arogundade, a senior member of the editorial board of the ``Vanguard'' 
newspaper and chairman of the Lagos Council of the Nigerian Union of 
Journalists (NUJ), and detained him illegally for 10 days before 
charging him with an offense (see Section 2.a). The journalist 
reportedly disagreed with a progovernment faction of journalists, and 
his arrest was encouraged by this opposing faction. After being 
detained for approximately 2 months on what widely were regarded as 
trumped-up murder charges, the reporter was released. A human rights 
group reported in August that 29 suspected members of the Oodua 
People's Congress (a pan-Yoruba group that repeatedly clashed with the 
Government) were detained illegally in Lagos State. In September 
soldiers deployed to Cross River State allegedly detained 10 village 
chiefs after the chiefs discontinued the practice of providing free 
crayfish to the soldiers for consumption.
    Police and security forces were empowered to make arrests without 
warrants if they believed that there was reason to suspect that a 
person had committed an offense; they often abused this power. Under 
the Fundamental Rights Enforcement Procedures Rules of the 1999 
Constitution (based on those of the 1979 constitution), police may 
arrest and detain persons for 24 hours before charging them with an 
offense. The law requires an arresting officer to inform the accused of 
charges at thetime of arrest and to take the accused persons to a 
station for processing within a reasonable amount of time. By law 
police must provide suspects with the opportunity to engage counsel and 
post bail. However, police generally did not adhere to legally mandated 
procedures under both the Abubakar and Obasanjo Governments. Suspects 
routinely were detained without being informed of the charges, denied 
access to counsel and family members, and denied the opportunity to 
post bail for bailable offenses. There was no functioning system of 
bail, so many suspects were held in investigative detention. In August 
police detained 25 citizens in Ondo State for their suspected 
involvement in ethnic hostilities between the Ijaw and Ilaje groups. 
All 25 were detained for a month while the police investigated the 
matter further. On October 11, Jerry Needham was arrested and detained 
by the SIIB in Port Harcourt without charge for over 15 days (see 
Sections 1.c. and 2.a.).
    Lengthy pretrial detention remained a serious problem. According to 
the new Constitution, persons charged with offenses have the right to 
an expeditious trial. However, in practice this right was not honored 
(see Section 1.c.). The judicial system remained hampered by serious 
backlogs, endemic corruption, and undue political influence (see 
Section 1.e.). Estimates of the percentage of so-called ATP's (see 
Section 1.c.) in the prison population range from 60 to 74 percent of 
the estimated 41,000 detainees. For example, in Ikoyi prison, over 90 
percent of inmates, or over 1,500 individuals, are ATP's. In the Kiri 
Kiri maximum-security prison in Lagos, approximately 1,000 of the 1,605 
inmates were ATP's; approximately 2,100 of the 2,300 prisoners at the 
Kiri Kiri medium-security prison were ATP's. Many prisons held 200 to 
300 percent more persons than they were designed to hold, and many of 
the ATP's had been detained for periods far longer than the maximum 
allowable sentence for the crimes for which they have yet to be tried. 
Police cited their inability to transport detainees to trial on their 
scheduled trial dates as one reason why so many of the detainees were 
denied a trial.
    Persons who happen to be nearby when a crime is committed normally 
are held for interrogation for periods ranging from a few hours to 
several months. Even after their release, those detained are asked to 
return repeatedly for further questioning. Police and members of the 
NDLEA continued the practice of placing relatives and friends of wanted 
suspects in detention without criminal charge to induce suspects to 
surrender to arrest, although this was done much less often than under 
the Abacha regime (see Section 1.f.).
    On a number of occasions security forces beat and detained 
journalists (see Sections 1.c. and 2.a.).
    Both the Governments of Abubakar and Obasanjo continued to release 
political detainees from previous regimes. Ibrahim El-Zakzaky, leader 
of the Muslim Brotherhood, who had been detained since 1996 on charges 
of seditious publishing, was released in January. On March 4 and March 
23, the Government announced the release of most of its remaining 
political detainees. During the year, all political detainees are 
believed to have been released. On March 4, eight armed forces officers 
and six civilians detained since December 1997 for an alleged coup plot 
against the Government of General Sani Abacha were released (see 
Section 1.a.). Lieutenant General Oladipo Diya, Deputy Head of State to 
Abacha, was among those released. Also on March 4, 17 armed forces 
officers detained since 1995 for an alleged coup plot against Abacha 
were released. Colonel Lawan Gwadabe and Colonel Babatunde Bello-
Fadile, both accused of fomenting the 1995 plot, were among that group. 
On March 24, the Government released eight more armed forces officers 
held since 1990 in connection with an alleged coup attempt during that 
year in which one person was killed. Turner Ogboru, a civilian relative 
of one of the alleged coup plotters, was released in 1998. Ogburu, a 
lawyer arrested in 1990 for allegedly participating with his brother, 
Great Ogboru, in the 1990 coup attempt, was convicted by a special 
military tribunal that year, granted a pardon in 1993, ordered 
released, and then rearrested in 1995. In addition in mid-June 
Obasanjo's Government released over 100 persons who had been suspected 
of improper acts that resulted in the failure of several banks during 
Abacha's regime. Many of these suspects had been detained for periods 
of 4 years without being charged.
    Four political detainees remained in custody. Two retired armed 
forces officers alleged to have participated in the 1990 coup plot, 
Trooper Innocent Ofem Anang and Lance Corporal Lucky Iviero, still were 
being detained. There was no apparent reason why these two men remained 
in custody, since six of their alleged coconspirators, who had been 
sentenced to life imprisonment, were released in March. Also, the 
Government reportedly pardoned all alleged coup plotters in 1992.
    In July Abacha's presidential security officer who is widely 
believed to have orchestrated killings, torture, and hundreds of 
extrajudicial detentions brought suit against the FederalGovernment 
because he was detained without being charged with a crime (see Section 
1.a.). The suit later was dropped.
    The 1999 Constitution prohibits the expulsion of citizens, and the 
Government does not use forced exile. Many citizens who had lived 
abroad due to fear of persecution under the Abacha regime returned to 
the country during the year, especially after the civilian government 
of Olusegun Obasanjo was inaugurated on May 29.
    e. Denial of Fair Public Trial.--Both the suspended 1979 
Constitution and the never implemented 1989 Constitutions, as well as 
the new Constitution promulgated on May 29, provide for an independent 
judiciary; however, in practice, the judiciary remained subject to 
executive and legislative branch pressure, influence by political 
leaders at both the state and federal levels, and suffers from 
corruption and inefficiency. During the first 5 months of the year, 
under the military regime, both the Head of State (Abubakar) and the 
Provisional Ruling Council exerted undue influence on the judiciary. In 
addition understaffing, inefficiency, and corruption continued to 
prevent the judiciary from functioning adequately. Citizens encountered 
long delays and frequent requests for small bribes primarily due to a 
lack of sufficient resources necessary for the court system.
    Under the new Constitution, the regular court system is composed of 
federal and state trial courts, state appeals courts, the Federal Court 
of Appeal, and the Federal Supreme Court. There also are Shari'a 
(Islamic) and customary (traditional) courts of appeal for each state 
and for the federal capital territory (Abuja). Courts of the first 
instance include magistrate or district courts, customary or 
traditional courts, Shari'a courts, and for some specified cases, the 
state high courts. The nature of the case usually determines which 
court has jurisdiction. In principle customary and Shari'a courts have 
jurisdiction only if both plaintiff and defendant agree. However, in 
practice fear of legal costs, delays, and distance to alternative 
venues encouraged many litigants to choose these courts.
    Criminal justice procedures call for trial within 3 months of 
arraignment for most categories of crimes. Understaffing of the 
judiciary, inefficient administrative procedures, petty extortion, 
bureaucratic inertia, poor communication between police and prison 
officials, and inadequate transportation continued to result in 
considerable delays, often stretching to several years, in bringing 
suspects to trial (see Section 1.d.).
    Trials in the regular court system are public and generally respect 
constitutionally protected individual rights, including a presumption 
of innocence, the right to be present, to confront witnesses, to 
present evidence, and to be represented by legal counsel. However, 
there is a widespread perception that judges easily are bribed or 
``settled,'' and that litigants cannot rely on the courts to render 
impartial judgements. Most prisoners are poor and cannot afford to pay 
the very real costs associated with moving their trials forward. As a 
result they remain in prison.
    Some courts are understaffed. Judges frequently fail to show up for 
trials, often because they are pursuing other means of income. In 
addition court officials often lack the proper equipment, training, and 
motivation for the performance of their duties, again due in no small 
part to their inadequate compensation.
    There are no legal provisions barring women or other groups from 
testifying in civil court or giving their testimony less weight. 
However, the testimony of women is usually accorded less weight in 
Shari'a courts.
    Under the Abubakar Government, military tribunals continued to 
operate outside the constitutional court system, but they were used 
less and less frequently as military rule waned; the tribunals 
officially were disbanded by the implementation of the new Constitution 
and the return to civilian rule. The tribunals had in the past been 
used to try both military personnel and civilians accused of various 
crimes. There was a report in March of a student accused of armed 
robbery who was tried and executed by a military tribunal in 
southeastern Nigeria. Human rights groups assert that these tribunals 
failed to meet internationally accepted standards for fair trial. In 
most cases before the tribunals, the accused had the right to legal 
counsel, bail, and appeal, although some tribunals substituted a 
presumption of guilt for the presumption of innocence, and conviction 
rates in the tribunals reportedly exceeded conviction rates in the 
regular courts. The decisions of the tribunals were exempt from 
judicial review. At year's end, none of the tribunals were operating.
    There were no reports of political prisoners.
    The Movement for the survival of the Ogoni People (MOSOP) and the 
Saro-Wiwa family continued to petition President Obasanjo, the Minister 
of Justice, and the Oputa Human Rights panel to reverse the verdict of 
the Autu Tribunal that convicted Saro-Wiwa and the Ogoni-9 in October 
1995. At year's end, the Government had not responded to the appeal to 
clear the names of Saro-Wiwa and the Ogoni activists, who were executed 
by the regime of Sani Abacha in November 1995.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The new Constitution prohibits arbitrary interference 
with privacy, family, home, or correspondence; however, although 
government authorities generally respect these prohibitions, 
authorities continued at times to infringe on these rights.
    Police and security forces continued the practice of placing 
relatives and friends of wanted suspects in detention without criminal 
charge to induce suspects to surrender to arrest, although this was 
done much less frequently than under the Abacha regime. There were 
calls by human rights groups for the police to end the practice.
    Members of the armed forces looted property, destroyed buildings, 
and drove away many persons from their homes (see Sections 1.a., 1.c., 
and 2.d.).
    In October the governor of Zamfara signed into law two bills passed 
by the state legislature aimed at instituting Islamic (Shari'a) law in 
the state; at year's end, the bills had not been implemented. After the 
bills passed, the sale of alcohol was banned in Zamfara state, and the 
Government announced that only those persons with beards would win 
government contracts (see Section 2.c.); however, the Federal 
Government has disregarded the ban on alcohol sales on military 
installations.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The 1979 Constitution that 
provided for freedom of speech and of the press remained suspended 
during the first 5 months of the year, but under Abubakar the 
Government significantly relaxed the restrictions on freedom of speech 
and of the press that had been instituted during the regime of Sani 
Abacha; the new Constitution promulgated in May restored these 
freedoms, and under both Abubakar and Obasanjo, the Government 
generally respected these rights; however, there were a few exceptions.
    Although there is a large and vibrant private domestic press that 
is frequently critical of the Government, the Government also owns or 
controls many publications. Under Abubakar, all newspapers and 
magazines legally were required to register with the Government in 
accordance with the Newspaper Registration Board Decree 43 of 1993; 
however, most papers refused to register and were not punished for 
doing so. Shortly before Abubakar transferred the Government to the 
civilian administration in May, he abrogated Decree 43 and its 
registration requirements, based on his conviction that the press would 
fare better if it were monitored by its own control mechanism. This 
mechanism was the Nigerian Press Council, which was charged with the 
enforcement of professional ethics and the sanctioning of journalists 
who violated these ethics. However, the Press Council soon became a 
subject of controversy, with most journalists describing it as a subtle 
means of censorship.
    The degree creating the Nigerian Press Council (Decree 60) was 
signed into law in the last days of the Abubakar regime and immediately 
was criticized by the media as ``an undisguised instrument of 
censorship and an unacceptable interference with the freedom of the 
press.'' Decree 60 replaced the abrogated Decree 43 and attempted to 
put control of the practice of journalism into the hands of a body of 
journalists who received payment from the Government. The NUJ, the 
professional association of all Nigerian journalists, and the Newspaper 
Proprietors Association of Nigeria (NPAN), rejected the creation of the 
Press Council. Claiming that the Decree establishing the Press Council 
contained similar provisions to the abrogated Decree 43, the NPAN 
called the Decree unconstitutional and a violation of press freedom, as 
there already were enough laws concerning the operation of the press. 
The Decree, which virtually made members of the council employees of 
the Government, also contained a number of provisions inimical to the 
operation of a free press. It gave the Press Council the power to 
accredit and register journalists and the power to suspend journalists 
from practicing. Like the abrogated Decree 43, Decree 60 required that 
publications be registered by the council annually through a system 
entitled ``Documentation of Newspapers.'' In applying for registration, 
publishers were expected to submit their mission statements and 
objectives and could be denied registration if their objectives failed 
to satisfy the council. The penalties for practicing without meeting 
the council's standard were a fine of $2,500 (250,000naira) or 
imprisonment for a term not to exceed 3 years. The Decree also 
empowered the council to approve a code of professional and ethical 
conduct to guide the press and to ensure compliance by journalists. 
Under the Decree, publishers were expected to send a report of the 
performance of their publications to the council; failure to do so was 
an offense that carried a fine of $1,000 (100,000 naira). The Nigerian 
Press Council continued after Obasanjo's inauguration. In fact, 
Information Minister Dapo Sarumi expressed the view of the new civilian 
Government that the council would continue to operate, and said that 
``It is in line with journalists'' demand.'' At year's end, the Council 
had not yet begun operating, but remained on the books in principle. 
The new Constitution also removed the Mass Media Commission (included 
in the 1995 draft Constitution), which aimed at regulating the conduct 
of journalists and restricting the circulation of newspapers and 
magazines to their states of operation.
    On October 11, Jerry Needham, editor of the Ogoni Star newspaper, 
was arrested, detained without charges, and reportedly abused by the 
SIIB in Port Harcourt, before being released on November 2 (see 
Sections 1.c. and 1.d.). In November soldiers at a hospital in Port 
Harcourt prevented reporters from interviewing those persons injured in 
clashes in Bayelsa State. On a number of other occasions security 
forces also beat and detained journalists (see Sections 1.c. and 1.d.).
    There were no reports of harassment of advertisers or printers. 
However, on February 6 the police and SSS agents raided a printing 
company in search of allegedly offensive pamphlets and calendars, and 
reportedly seized 80,000 copies of a magazine that they believed to be 
``inciting'' and ``capable of undermining the peace and security of the 
nation.'' The laws cited for the seizure dealt with national security 
issues. According to the Government, the ``news'' seizure was by 
mistake and was not directed at the media, and ultimately there did not 
appear to be any clear rationale for seizing that particular magazine. 
There were no other reports of press seizures. General Abubakar 
encouraged a free flow of information from his office by making himself 
available for ``on the spot'' interviews.
    The press, which was at the forefront of the fight for democracy, 
cautiously welcomed the advent of the civilian Government of President 
Obasanjo, given Obasanjo's reputed dislike for the press and his choice 
of Media Adviser and Information Minister, both of whom were nonmedia 
practitioners. However, the initial skepticism diminished and a cordial 
working relationship evolved as the administration maintained an open 
policy toward the press. Obasanjo granted several interviews to members 
of the press and participated in three press forums. The sense of 
freedom from retribution enjoyed by journalists encouraged them to 
expose corrupt government officials, including the former Speaker of 
the House of Representatives, who resigned after the press broke the 
story of his falsifying his age and qualifications (see Sections 1.e. 
and 3).
    There were a few arrests made in the killing and attempted killing 
of journalists in previous years (see Sections 1.a. and 1.c.).
    There are two national, daily, government-owned newspapers in 
English, the New Nigerian and the Daily Times. The New Nigerian has an 
additional Hausa edition. Some of the states of the federation have 
daily and/or weekly state-owned newspapers in English. There is a 
national radio broadcast station, the Federal Radio Corporation of 
Nigeria (FRCN), which broadcasts in English, Hausa, Yoruba, Igbo, and 
other languages. State radio stations broadcast in English and local 
languages. The National Television Station (NTA) is federally owned, 
and many states also operate television stations. The majority of the 
country's print publications and television and radio broadcasting 
outlets are privately owned.
    President Obasanjo appointed several purportedly radical persons to 
prominent positions in government-owned newspapers, radio programs, and 
television programs in an attempt to reflect the democratic nature of 
the country. In addition several managers of certain media 
organizations, which generally were regarded as government mouthpieces 
and propaganda machines, were replaced with professionals whose 
abilities to deliver objective journalism had been demonstrated in the 
past.
    Because newspapers and television are relatively expensive and 
literacy is not universal, radio remained the most important medium of 
mass communication and information. The Government continued to 
prohibit nationwide private radio broadcasting during the first 5 
months of the year. However, before the transfer of power to Obasanjo, 
this prohibition was lifted and 10 applications for radio and 
television licenses were submitted to the National Broadcasting 
Commission for approval. There were indications that Obasanjo was not 
opposed to the issuance of these licenses. However, at year's end, no 
new licenses had been issued.
    There are nine privately owned television stations in the 
southwest, most of which broadcast domestic news and political 
commentary. The Press Law of 1993 requires local television stations to 
limit programming from other countries to 40 percent. In March 1999 the 
Nigerian Broadcasting Commission (NBC) considered terminating licenses 
of several television operators that contravened this requirement by 
broadcasting more foreign programs than local. The Press Law of 1993 
also restricts the foreign content of satellite broadcasting to 20 
percent, but the Government did not restrict access to, or reception 
of, international cable or satellite television. The Government did not 
restrict Internet access, although unreliable and costly digital 
telephone service limited access and hindered service providers. All 
Internet service providers were privately owned.
    The Government controls state-owned media to varying degrees. 
However, under Abubakar state-owned media outlets exercised a much 
greater measure of editorial freedom than under the Abacha regime, and 
this freedom continued under Obasanjo. Following the appointment of a 
new Director General for the Nigerian Television Authority (NTA), it 
began to broadcast several public-interest programs. For example, the 
NTA 2 and Channel 5 began broadcasting 24-hours a day to compete with 
other independent broadcasters.
    While private television and radio broadcasters remained 
economically viable on advertising revenues alone, despite the 
restrictions that the Government imposed on them, government-sponsored 
broadcasters complained that government funding and advertising were 
inadequate for their needs.
    Under both Abubakar and Obasanjo, journalists and editors of state 
media did not fear suspension for their editorial decisions, although 
some self-censorship lingered. During the election period all 
candidates and parties had opportunities to express their views via the 
media.
    After the advent of the civilian regime, foreign journalists who 
sought to enter the country to cover political developments more easily 
obtained visas. Many of the obstacles that previously frustrated 
foreign journalists were removed. Officials in the Ministry of 
Information responsible for accrediting foreign journalists became more 
accommodating.
    On January 13, police arrested 22 students for protesting against 
tuition increases at Obafemi Awalowo University and expressing 
displeasure with decaying conditions at the country's tertiary 
educational institutions. The students were released later in the 
month.
    Throughout the Abacha regime, there was no academic freedom for 
students or academic staff, and under Abubakar, there were numerous 
student protests, strikes, and demonstrations. However, under Obasanjo, 
the new Federal Minister for Education, the President, and the National 
Assembly took some concrete steps to address the significant education 
problems that the Government inherited from the country's previous 
military regimes and sought to restore academic freedom. For example, 
setting precedent within the country, Obasanjo engaged in direct dialog 
with representatives of the Academic Staff Union of Universities and 
representatives of the Student Union to discuss educational reform. 
After Obasanjo became President, the level of unrest on university 
campuses apparently subsided. However, in August police reportedly 
killed student protesters and injured others (see Section 1.a.).
    b. Freedom of Peaceful Assembly and Association.--The 1999 
Constitution provides citizens with the right to assemble freely; and 
the Government, especially the civilian regime of Obasanjo, generally 
respected this right, although some limits remained, particularly under 
Abubakar.
    Throughout the year, the Government nominally required organizers 
of outdoor public functions to apply for permits, although both 
government authorities and those assembling often ignored this 
requirement. The Government retained legal provisions banning 
gatherings whose political, ethnic, or religious content might lead to 
unrest. Open-air religious services away from places of worship 
remained prohibited in most states due to religious tensions in various 
parts of the country (see Sections 1.a., 2.c., and 5).
    There were no reports that the Government or security forces denied 
permits for peaceful public meetings; nor were there reports that they 
prohibited or disrupted such meetings.
    In early January, government authorities declared a state of 
emergency, and under it severely restricted freedom of assembly in 
Bayelsa State and in the Niger River Delta, in response to continued 
violence by members of the Ijaw ethnic minority who sought greater 
local autonomy. Freedom of assembly also was restricted during numerous 
curfews imposed in various citiesduring periods of ethnic unrest. 
Curfews were imposed in the cities of Sagamu, Kano, Warri, and Port 
Harcourt in response to interethnic and political violence (see Section 
1.a.).
    In January police arrested student protesters (see Section 2.a.). 
On April 6, police and security agents from the anti-robbery squad 
``Operation Sweep'' dispersed members of the National Union of 
Petroleum and Natural Gas Workers using tear gas and firing weapons 
into the air. The union members were protesting outside of the Chevron-
Nigeria oil headquarters outside Lagos (see Section 6.b.).
    The 1999 Constitution provides for the right to associate freely 
with other persons in political parties, trade unions, or special 
interest associations, and the Government respected this right in 
practice.
    c. Freedom of Religion.--The new Constitution provides for freedom 
of religion, including belief, practice, and religious education; 
however, the Government restricted this right in practice in certain 
respects. The Constitution prohibits state and local Governments from 
adopting an official religion; however, it also provides that states 
may elect to use Islamic (Shari'a) customary law and courts. The 
Constitution also provides that the Federal Government is to establish 
a Federal Shari'a Court of Appeal and Final Court of Appeal; however, 
the Government had not yet established such courts by year's end. In 
1987 the Government instituted a ban (still in effect at year's end) on 
religious organizations on campuses of primary schools, although 
individual students retain the right to practice their religion in 
recognized places of worship.
    About half the population is Muslim, about 40 percent Christian, 
and about 10 percent practice traditional indigenous religions or no 
religion. Religious tensions between Muslims and Christians and between 
Sunni and the small number of Shi'ite Muslims occasionally erupted into 
violence (see Sections 1.a. and 5). Both the Federal Government and 
state governments continued to discourage and criticize public 
proselytizing of minority beliefs in areas of Muslim or Christian 
majorities, in the belief that it stimulates religious tensions, 
although they do not outlaw it. Although distribution of religious 
publications remained generally unrestricted, there is a lightly 
enforced ban on published religious advertisements. There were only 
minor restrictions on religious television and radio programming. Most 
religious programs appeared to be broadcast without controls.
    In predominantly Muslim communities, local governments commonly 
used zoning regulations to stop or slow the creation of non-Muslim, 
usually Christian, churches. Typically, a small section of a city was 
designated for non-Muslims to build their places of worship. In several 
cases, citizens in these enclaves reported that they were discriminated 
against by not receiving police protection or waste removal service. 
Missionaries reported that law enforcement officials harassed them when 
they proselytized outside of their designated zones.
    On December 18 Muslim youths attacked and looted 14 Christian 
churches in Ilorin, Kwara State. At least two more churches were looted 
on December 19, seriously injuring a clergyman (see Section 5). The 
Government's response was limited to pleas for calm and understanding, 
and there was no attempt to prosecute the perpetrators.
    Muslim Brotherhood leader Ibrahim El-Zakzaky was released by 
General Abubakar in January. The Federal Government continued to settle 
property claims by El-Zakzaky for compensation for his home and mosque, 
which were razed by law enforcement officers 2 years ago. In May the 
predominantly Shi'a Muslim Brotherhood published a list of 96 of its 
followers who still were in prison or awaiting trial on charges that 
vary from preaching without a license to homicide. According to police 
records, the majority of the 96 prisoners were charged with, or 
convicted of, unlawful assembly.
    On October 8, the governor of Zamfara Ahmed Sani signed into law 
two bills passed by the state legislature aimed at instituting Islamic 
(Shari'a) law in the state; the bills were scheduled to take effect in 
January 2000. Other northern officials, including many from Kano, 
Niger, Sokoto, Jigawa, Borno, Yobe, Kaduna, and Katsina States, began 
to echo the call for Shari'a in their states; however, at year's end, 
only Kano and Niger had initiated action in their respective state 
assemblies on the issue. According to the Zamfara governor, Shari'a 
only is supposed to apply to Muslims; however, school children are now 
being segregated by sex in Zamfara schools and preparations were 
underway for separate transportation and health facilities for men and 
women. The Zamfara governor also disbursed public funds to refurbish 
mosques and pronounced that only those persons with beards would win 
government contracts. The implementation of Shari'a is expected to be 
challenged constitutionally, butconstitutional challenges can only 
occur after Shari'a has been implemented.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The 1999 Constitution entitles citizens 
to move freely throughout the country and reside where they wish, and 
in general, the Government respected this right; however, police 
occasionally restricted this right by setting up roadblocks and 
checkpoints where security and law enforcement officials routinely 
engaged in extortion, violence, and excessive use of force (see Section 
1.a. and 1.c.). For example, following the security crackdown in 
Bayelsa State from December 30, 1998 to January 3, military units 
continued to man checkpoints very aggressively, reportedly strip-
searching some travelers in search of scars and tattoos that would 
identify them as members of the Egbesu cult (see Sections 1.a. and 
1.c.).
    The 1999 Constitution also prohibits the denial of exit or entry to 
any citizen; and the Government generally respected this law. However, 
the law provides that women are required to obtain permission from a 
male family member before having an application for a passport 
processed.
    Both the Abubakar and the Obasanjo Governments welcomed the return 
of prominent human rights and prodemocracy activists who fled the 
country during the regime of General Sani Abacha. The impediments to 
travel under the Abacha regime for the most part were eliminated. 
Unlike the previous year, there were no reports that Government denied 
passports to political figures or journalists, detained such persons 
entering or leaving the country, or interrogated citizens who were 
issued visas to foreign countries.
    During periods of civil unrest, numerous persons were displaced 
temporarily from their villages. For example, during the January 10 
violence in Bayelsa State, approximately 10,000 persons fled their 
villages (see Sections 1.a. and 1.c.). The villagers returned once the 
violence ceased. According to local human rights NGO's, at least 10,000 
Odi residents fled into neighboring states during the November military 
exercise (see Sections 1.a. and 1.c.).
    The Government cooperated with the Lagos office of the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian agencies in 
assisting refugees through the National Commission for Refugees and its 
Federal Commissioner. Regulations governing the granting of refugee 
status, asylum, and resettlement are outlined in Decree 52 of 1989, 
which incorporates many aspects of the 1951 U.N. Convention Relating to 
the Status of Refugees and its 1967 Protocol. The Eligibility Committee 
established under Decree 52 reviews refugee and resettlement 
applications. A representative from the UNHCR participates in this 
committee. The issue of the provision of first asylum has not arisen 
since the establishment of the National Commission for Refugees under 
Decree 52.
    At year's end, there were 8,958 recognized refugees: 13 from 
Angola, 23 from Benin, 1,313 from Cameroon, 1,665 from Sierra Leone, 
1,505 from Chad, 115 from Sudan, 135 from Ghana, 3,954 from Liberia, 
and 453 from other countries. Of these, the UNHCR repatriated 50 Sierra 
Leonians and 89 Liberians. It resettled 3 Cameroonians, 3 Chadians, 5 
Sudanese, 13 Liberians, and 17 from other countries.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Rights of Citizens to 
        Change Their Government
    For the first time since 1983, citizens had the opportunity to 
exercise their right to change their government. General Abdulsalami 
Abubakar oversaw a transition to civilian rule that included elections 
for local governments (in December 1998), state governors and 
assemblies (in January), and national legislators and the president (in 
February). Voter apathy and widespread fraud marred the legislative 
elections; however, the turnout increased for the presidential race a 
week later, which proceeded peacefully with reports of only a few 
violent incidents. The Independent National Electoral Commission (INEC) 
certified former president Olusegun Obasanjo's victory over Chief Olu 
Falae with a reported 62 percent of the votes.
    Irregularities occurred at each stage of the electoral process, 
particularly the presidential nominating convention and election where, 
for example, large sums of money were offered by both political camps 
to delegates to vote against political opponents. During the 
presidential election, international observers and foreign diplomats 
witnessed serious irregularities in procedures. All three parties 
engaged in the local purchase of false ballots and fraudulent tally 
sheets so that there were vast discrepancies between what observers saw 
and inflatedtallies in some areas. In addition there were 
administrative problems such as late delivery of voting materials at a 
large number of polling stations. Those areas with the worst problems 
were the southern tier of states in the Niger Delta region, several 
states in Igboland, and a handful of north central states. The 
production of ``ghost votes'' in these states amounted to as much as 70 
or 80 percent of the total reported votes. Although all parties engaged 
in attempts to rig the vote, the PDP machine in the Delta and Igboland 
was responsible for the worst excesses. These votes may have added an 
estimated 15 percent to Obasanjo's total figure; however, observers 
believe that even if they were thrown out, he still would have 
maintained roughly a 15 percent lead over Falae's total. International 
observers confirmed the results and stated that, despite widespread 
fraud, Obasanjo's victory reflected the will of most voters. Although 
Falae initially protested the election results, eventually he dropped 
his legal challenge. Obasanjo, 109 senators, 366 members of the 
National Assembly, and 36 governors and state assemblies assumed office 
on May 29. The President, Vice President, and other national and state 
officials serve 4-year terms. The next elections are scheduled for 
2003. INEC issued a report on the conduct of the election in July that 
documented the fraud. INEC is working with several international 
electoral assistance organizations to help improve the process in 2003; 
however, no INEC officials have faced disciplinary action as result of 
their involvement in corrupt activities.
    Prior to leaving office in May, Abubakar promulgated a new 
Constitution that outlaws the seizure of the Government by force and 
contains provisions for the removal of the President, Vice President, 
ministers, legislators, and state government officials for gross 
misconduct or medical reasons. The Government's first test case 
occurred in July when the Speaker of the House, Sanusi Buhari, resigned 
after press reports revealed that he was under the legal age limit to 
hold office and that he falsified his academic credentials (see Section 
2.a.). He resigned after a National Assembly investigation confirmed 
the reports. In addition he was convicted by the Abuja High Court in 
early August for lying under oath. Although the fine of $20 (about 
2,000 naira) was criticized widely as too low, most citizens agreed 
that the system worked. Several other public officials were subjected 
to close scrutiny by the press, public, and legislative investigators.
    The political system remains in transition. The three branches of 
the new Government acted independently during the President's first 
months in office. Despite his party's substantial majority in the 
legislature, the President was not able to exercise authority without 
legislative oversight and inclusiveness. The Senate and the House of 
Representatives took the screening of government ministers, 
ambassadorial appointments, budget review, and other executive 
initiatives seriously and amended the Government's budget request and 
various personnel procedures. They also rejected several ministerial 
and ambassadorial appointments. Obasanjo created several commissions to 
investigate past government contracts and human rights abuses, which 
were overwhelmed with applications to present evidence of wrongdoing 
(see Section 4). However, the judicial branch remained weakened by 
years of neglect and politicization.
    Abubakar's military Government, which consulted with a selected 
group of constitutional and legal experts around the country to revise 
the 1979 and 1995 Constitutions, promulgated the 1999 Constitution on 
May 5. The constitution-writing process was criticized for not being 
open to enough participants and for not being subjected to wider debate 
on the country's federal structure, revenue allocation and power-
sharing formulas, and minority ethnic groups' rights.
    Although the Constitution allows the free formation of political 
parties, only three parties were registered with the INEC. The 
Constitution requires parties to have membership in two-thirds of the 
country's 36 states.
    There were no legal impediments to political participation or 
voting by women; however, men continued to dominate the political 
arena. NGO's continued to protest the underrepresentation of women in 
the political process, and women were underrepresented in the new 
civilian Government. Only 6 women were appointed as ministers out of a 
total of 56 positions. Three women were among the Senate's 109 members 
(compared with 8 in the last government) and only 12 women were elected 
to the 366-member National Assembly. Women's rights groups pushed 
local, state, and the Federal Government (and state and local levels as 
well) to adopt a 30 percent affirmative action program; however, these 
efforts were to no avail.
    There are no legal impediments to participation in government by 
members of any ethnic group. The Constitution requires that government 
appointments reflect the country's ``federal character.'' However, with 
over 250 ethnic groups, not everygroup can be represented in the 
Government. The federal- and state-level ministers generally are 
selected to represent the country's regional, ethnic, and religious 
makeup. President Obasanjo attempted to create an ethnically inclusive 
Government. The 56-member Cabinet and 109 ambassadorial slots were 
allocated to an equal number of candidates from each state to achieve a 
regional balance. Despite this effort, northerners and southeasterners 
criticized the new Government for favoring westerners or ethnic 
Yorubas.
    Middle-belt and Christian officers dominate the military hierarchy. 
In June Obasanjo retired all military officers that held political 
office, which meant that a disproportionate number of northern Hausa 
officers--who dominated the upper ranks under the previous military 
regimes--left the service.
Section 4. Government Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government permitted local human rights groups to operate and 
did not interfere with their activities; nor did it detain, intimidate, 
or harass their members. Criticisms of the Government's past human 
rights record were abundant in various media. High-level government 
officials noted that the human rights community assisted in the 
advancement of democracy.
    The International Committee of the Red Cross (ICRC) is active, with 
offices in Abuja and Lagos under the direction of a regional delegate. 
Its primary human rights activities during the year involved the 
training of prison officials on human rights, sanitation, and prisoner 
health.
    During the year, the Government cooperated extensively with both 
national and international human rights groups. For example, between 
March 30 and April 1, General Abubakar's Government hosted the third 
West African Human Rights Forum in Abuja. The event was sponsored by 
and held at the Economic Community of West African States (ECOWAS) 
Secretariat. Representatives from other governments, all of the ECOWAS 
member states, and several NGO's attended. Participants reported that 
the panels and discussions were very frank, open, and productive. In 
addition the Government permitted the ICRC to visit prisons to provide 
training and to give advice on how to improve the human rights of 
prisoners.
    The National Human Rights Commission (NHRC), established by the 
Abacha regime in 1996, enjoyed greater recognition by and coordination 
with NGO's, but still lacks credibility as an independent monitoring 
body.
    The National Human Rights Commission was established by decree in 
1996. It is tasked with monitoring and protecting human rights in 
Nigeria. The commission is chaired by a retired Chief Justice of the 
Nigerian Supreme Court, Paul Nwokedi, and includes eight other members. 
The NHRC also is represented in some states by state-level affiliates. 
The NHRC is supposed to work hand-in-hand with NGO's that are devoted 
to human rights issues. While during the year the commission achieved 
such things as a syllabus for human rights education for primary and 
secondary schools and universities (yet to be instituted), since its 
inception, the NHRC has been denied adequate funding to do its job 
properly. President Obasanjo reportedly promised to increase its 
funding but had not done so by year's end. The NHRC is a permanent 
commission of the Government.
    The Justice Oputa panel is a one-time panel that was established in 
June by President Obasanjo to investigate human rights abuses dating to 
1960. The Oputa panel can recommend courses of action to the justice 
system for perpetrators of past abuses, something the NHRC does not do.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The 1999 Constitution provides citizens with the right to freedom 
from discrimination based on ``community, place of origin, ethnic 
group, sex, religion, or political opinion.'' However, customary and 
religious discrimination against women persisted, occasional religious 
violence persisted, social discrimination on the basis of both religion 
and ethnicity remained widespread, and ethnic and regional tensions 
continued to contribute to serious violence both between groups of 
citizens and between citizens and the security forces.
    Women.--Reports of spousal abuse are common, especially those of 
wife beating in polygynous families. Police normally do not intervene 
in domestic disputes, which seldom are discussed publicly. The Penal 
Code permits husbands to use physical means to chastise their wives as 
long as it does not result in ``grievous harm,'' which is defined as 
loss of sight, hearing,power of speech, facial disfigurement, or other 
life threatening injuries. A women's rights group has estimated that 
spousal abuse occurs in 20 percent of adult relationships. In more 
traditional areas of the country, courts and police are reluctant to 
intervene to protect women who accuse their husbands formally if the 
level of alleged abuse does not exceed customary norms in the areas. 
Rape, prostitution, and sexual harassment continue to be problems. 
Prostitution is not illegal; pandering is. In some parts of the 
country, women continue to be harassed for social and religious 
reasons. Purdah, the Islamic practice of keeping girls and women in 
seclusion from men outside the family, continued in parts of the far 
north.
    There is an active market for trafficking in women to Europe, and 
elsewhere, for illicit purposes (see Section 6.f.).
    Women experience considerable discrimination as well as physical 
abuse. There are no laws barring women from particular fields of 
employment, but women often experience discrimination because the 
Government tolerates customary and religious practices that adversely 
affect them. The Nigerian NGO's Coalition (NNC) expressed concern about 
continued discrimination against women in the private sector, 
particularly in access to employment, promotion to higher professional 
positions, and in salary inequality. There are credible reports that 
several businesses operate with a ``get pregnant, get fired'' policy. 
Women remain underrepresented in the formal sector but play an active 
and vital role in the country's important informal economy. While the 
number of women employed in the business sector increases every year, 
women do not receive equal pay for equal work and often find it 
extremely difficult to acquire commercial credit or to obtain tax 
deductions or rebates as heads of households. Unmarried women in 
particular endure many forms of discrimination.
    While some women have made considerable individual progress, both 
in the academic and business world, women remain underprivileged. 
Although women are not barred legally from owning land, under some 
customary land tenure systems only men can own land, and women can gain 
access to land only through marriage or family. In addition many 
customary practices do not recognize a woman's right to inherit her 
husband's property, and many widows were rendered destitute when their 
in-laws took virtually all of the deceased husband's property. Widows 
are subjected to unfavorable conditions as a result of discriminatory 
traditional customs and economic deprivation.
    ``Confinement'' is the most common rite of deprivation to which 
widows are subjected, and it occurs predominately in eastern Nigeria. 
Confined widows are under restrictions for as long as 1 year and 
usually are required to shave their heads and dress in black garments. 
In other areas, a widow is considered a part of her husband's property, 
to be ``inherited'' by his family. Polygyny continues to be practiced 
widely among all ethnic groups and among Christians as well as Muslims 
and practitioners of traditional persuasions. Women are required by law 
to obtain permission from a male family member to get a passport (see 
Section 2.d.). The testimony of women is not equal to that of men in 
Shari'a courts (see Section 1.e.).
    Women are discriminated against in access to education for social 
and economic reasons. The literacy rate for males is 58 percent but 
only 41 percent for females. Rural women are even more disadvantaged 
than their urban counterparts. Only 42 percent of rural girls are 
enrolled in school compared with 72 percent of urban girls. In the 
north, Muslim communities favor boys over girls in deciding which 
children to enroll in secondary and elementary schools. In the south, 
economic hardship also restricts many families' ability to send girls 
to school and, instead, they are directed into commercial activities 
such as trading and street merchandizing.
    A visiting Hausa woman in the southwest part of the country who 
violated a religious taboo against women's viewing a Yoruba festival 
was killed by a mob (see Sections 1.a., and 5-Religious Minorities).
    In October the governor of Zamfara signed into law two bills passed 
by the state legislature aimed at instituting Islamic (Shari'a) law in 
the state. As a result, in Zamfara State plans for separate 
transportation and health facilities for men and women already had 
begun to be implemented by year's end (see Section 2.c.).
    A national network of women's rights NGO's described the 
Government's 1998 report on the implementation of the Convention on the 
Elimination of All Forms of Discrimination Against Women (CEDAW) for 
the period 1986-94 as ``inaccurate'' in its positive portrayal of the 
status of women. The NGO coalition for a shadow report on the 
implementation of CEDAW (NGO CEDAW Coalition) issued an alternative 
report in March critical of the Government's failure to remove legal 
impediments and social discrimination faced by women.
    Children.--Public schools continued to be inadequate, and limited 
facilities precluded access to education for many children. The 
Constitution's general provisions call for the Government, ``when 
practical,'' to provide free, compulsory, and universal primary 
education; however, despite the President's commitment to compulsory 
education, compulsory primary education rarely was provided, 
particularly in the north (see Section 6.d.). While the Government 
increased spending on children's health in recent years, it seldom 
enforced even the inadequate laws designed to protect the rights of 
children. The Abubakar Government promised to improve children's 
welfare, but there was no action on the commitment during the first 
half of the year.
    Cases of child abuse, abandoned infants, child prostitution, and 
physically harmful child labor practices (see Section 6.d.) remained 
common throughout the country. Although the law stipulates that ``no 
child shall be ordered to be imprisoned,'' juvenile offenders are 
incarcerated routinely along with hardened adult criminals. The 
Government only occasionally criticized child abuse and neglect, and it 
made little effort to stop customary practices harmful to children, 
such as the sale of young girls into marriage. There were credible 
reports that poor families sell their daughters into marriage as a 
means of supplementing their income. Young girls often are forced into 
marriage as soon as they reach puberty, regardless of age, in order to 
prevent the ``indecency'' associated with premarital sex.
    In October the governor of Zamfara signed into law two bills passed 
by the state legislature aimed at instituting Islamic (Shari'a) law in 
the state. As a result, school children are now being segregated by sex 
in Zamfara schools (see Section 2.c.).
    There was evidence of trafficking in children (see Section 6.f.).
    The Government publicly opposes FGM, which is widely condemned by 
international health experts as damaging to both physical and 
psychological health. The Government took no legal action against the 
practice; in the past, government officials (notably in the Ministry of 
Health) supported the campaign against FGM, which was spearheaded by 
private groups. FGM still was practiced extensively in all parts of the 
country but was more predominant in the southern and eastern zones; it 
was practiced among all ethnic and religious groups. According to an 
NNC study, an estimated 33 percent of all households practice the 
procedure. Current estimates place the prevalence of FGM at between 40 
and 50 percent of all females, although estimates vary. Studies 
conducted by the U.N. Development Systems and the World Health 
Organization estimated the FGM rate at approximately 60 percent among 
the nation's female population. However, according to local experts, 
the actual prevalence may be as high as 90 percent. Nevertheless, most 
agree that the number of females now subjected to FGM is declining.
    Indigenous forms of FGM vary from the simple removal of the 
clitoral hood or labia minora to excision of the clitoris and the most 
dangerous form, infibulation. The age at which females are subjected to 
the practice varies from the first week of life until after a woman 
delivers her first child. The Ministry of Health, women's groups, and 
many NGO's sponsored public awareness projects to educate communities 
about the health hazards of FGM. The press repeatedly criticized the 
practice.
    People with Disabilities.--While the Government called for private 
business to institute policies that ensured fair treatment for the 
disabled, it did not enact any laws requiring greater accessibility to 
buildings or public transportation, nor did it formulate any policy 
specifically ensuring the right of the disabled to work. Novelist 
Chinua Achebe, who is confined to a wheelchair after an automobile 
accident, returned to the country in early September and vowed to push 
the Government on accessibility issues for the disabled.
    Religious Minorities.--The law prohibits religious discrimination. 
Nonetheless, reports were common that government officials 
discriminated against persons practicing a religion different from 
their own, notably in hiring or awarding contracts. Private businesses 
frequently are guilty of informal religious discrimination in their 
hiring practices.
    Religious differences often correspond to regional and ethnic 
differences. For example, the northern region is overwhelmingly Muslim, 
as are the large Hausa and Fulani ethnic groups of that region. Many 
southern ethnic groups are predominantly Christian. Consequently, at 
times it is difficult to distinguish religious discrimination and 
tension from ethnic and regional discrimination and tension, which is 
pervasive.
    Religious tensions underscored what were predominantly ethnic 
confrontations throughout the year. The Hausa-Yoruba clashes in the 
cities of Sagamu and Kano represented conflicts between the Muslim 
Hausa and the religiously diverse Christian Yorubas. There were regular 
clashes in northern Nigeria between Shi'a Muslim groups and Sunni 
Muslims. Sporadic incidents of attacks on individual religious leaders 
were reported, but the nature and perpetrators of the attacks varied, 
and there was not a pattern of one religious group attacking another 
(see Section 1.a.).
    A Hausa woman who violated a religious taboo against women's 
viewing a Yoruba festival was killed by a mob (see Sections 1.a. and 5-
Women).
    Churches were burned and Christian homes and businesses were 
vandalized in the north, and in other areas of the country. On December 
18 and 19, Muslim youths attacked and looted 16 Christian churches in 
Ilorin, Kwara state. The attacks were perpetrated by a mob of 
approximately 1,000 Muslim youths that inflicted serious property 
damage and severely injured at least one Christian cleric. Police 
eventually restored order, and Kwara State officials pleaded for calm 
and tolerance among religious groups, but there was no attempt to 
prosecute the perpetrators.
    National/Racial/Ethnic Minorities.--The country's population of 
about 120 million is ethnically diverse, and consists of more than 250 
groups, many of which speak distinct primary languages and are 
concentrated geographically. There is no majority ethnic group. The 
three largest ethnic groups, the Hausa-Fulani of the north, the Yoruba 
of the southwest, and the Igbos of the southeast, together make up 
about two-thirds of the population. The fourth largest group, the Ijaw, 
claims a population of 12 million.
    The 1999 Constitution prohibits ethnic discrimination by the 
Government. In addition the Constitution mandates that the composition 
of the federal, state, and local Governments and their agencies, as 
well as the conduct of their affairs, reflect the diverse character of 
the country in order to promote national unity and loyalty. This 
provision was designed as a safeguard against domination of the 
Government by persons from a few states or ethnic and sectional groups. 
These provisions were included in response to previous domination of 
the Government and the armed forces by northerners and Muslims. The 
Government of Olusegun Obasanjo was an example of this diversity. 
Obasanjo is a Yoruba from the southwest, the Vice President is a 
northerner, and the Senate President is an Igbo. The Obasanjo 
Government's ministerial and ambassadorial appointments were made by 
selecting an equal number of nominees from each state and then 
balancing key positions and deputy slots among the different regions 
and ethnic groups. For example, the Minister of Defense is from one of 
the middle-belt states, while his deputy is a southwestern Yoruba. The 
Senate used its oversight role to reject many of Obasanjo's 
ambassadorial appointments and insisted on three nominees from each 
state for each appointment. The political parties also engaged in 
``zoning,'' the practice of rotating positions within the party among 
the different regions and ethnicities to ensure that each region and 
ethnicity is given adequate representation. Nonetheless, claims of 
marginalization by members of southern minority groups and Igbos 
continued. The ethnic groups of the Niger Delta, in particular, 
continued their calls for high-level representation on petroleum issues 
and within the security forces. Northern Muslims, who lost previously 
held positions within the military hierarchy, accused the Obasanjo 
Government of favoring southerners. Traditional linkages continued to 
impose considerable pressure on individual Government officials to 
favor their own ethnic groups for important positions and patronage.
    Societal discrimination on the basis of ethnicity is widely 
practiced by members of all ethnic groups and is evident in private 
sector hiring patterns, de facto ethnic segregation of urban 
neighborhoods, and a continuing paucity of marriages across major 
ethnic and regional lines. There is a long history of tension among the 
diverse ethnic groups. In July at least 100 persons were killed during 
intercommunal fighting in the southern city of Sagamu between Hausas 
and Yorubas after a Hausa failed to observe the customs of a 
traditional Yoruba festival (see Section 1.a.). When the bodies of the 
Hausa victims were returned to the northern, predominantly Hausa, city 
of Kano a week later, another round of ethnic clashes broke out, 
resulting in another 80 deaths and extensive property damage. Many 
Yorubas and other non-Hausa residents of Kano attempted to escape the 
rioting and sought refuge in police stations and army barracks. No 
Hausa-Yoruba violence related to that reciprocal bloodletting was 
reported in Lagos, the country's largest and most cosmopolitan city 
with a large Hausa minority. However, there were repeated clashes 
between predominantly Hausa truck drivers transporting herds of cattle, 
Fulani herders, andLagosian tanker-truck drivers, all vying for access 
to the same roads. In late November, fighting between Yoruba and Hausa 
traders in the market area of Ketu, a Lagos suburb, resulted in over 50 
deaths, apparently over the issue of the collection of fees and the 
allocation of stalls (see Section 1.a.).
    The competing aspirations and tensions among the smaller ethnic 
groups related to the control and powers of subnational governments 
occasionally erupted into violence. Clashes occurred between rival 
ethnic groups in Delta, Rivers, Benue, Cross River, Bayelsa, Osun, 
Kaduna, Plateau, and Taraba States, often resulting in fatalities. For 
example, in May approximately 130 persons died in Kafanchan, Kaduna 
State during a sharp disagreement over a chiefdom dispute. Clashes 
between the Jokun and the Tiv in Benue and Taraba States occurred 
sporadically throughout the year and resulted in several hundred 
deaths. The dispute between the two groups has existed for years and 
stems mainly from contested land claims. The ongoing Government review 
of boundaries for state and local government areas sparked several 
communal clashes, most notably in Ife-Modakeke, Osun State and in 
Warri, Delta State.
    The Ijaw ethnic group continued to be involved in disputes with the 
Ilaje group of Ondo and northern delta states, with the neighboring 
Itsekiri and Urhobo groups in the Warri area of Delta State, and with 
tribal elders and government forces. The conflict between the Ilaje and 
Ijaw resulted in the most deaths, with hundreds killed. The clashes 
resulted from a dispute over the moving of a local government 
headquarters to Ilaje territory and the construction of what the Ilaje 
believed to be an Ijaw traditional religious shrine on Ilaje territory. 
Skirmishes between the Ilaje and Ijaw residents in Lagos resulted in 
five deaths in July. The trouble around Warri, a regional headquarters 
town for many international oil companies, began with another 
relocation (in 1997) of a local government headquarters from Ijaw to 
Isekiri territory. Protests over this relocation escalated into 
periodic violence in which at least 200 persons died. The violence 
spread to include fatal clashes between rival youth groups, including 
those of Urhobo ethnicity. In May at least 1,300 Itsekiri were 
displaced and at least 50 persons died during an Ijaw raid on the 
village of Ugborodo in Escravos. In September the Delta State assembly 
passed a bill relocating four local government area headquarters (three 
to Ijaw territory and one to Itsekiri). Military and police units were 
deployed to prevent disturbances. Meanwhile, dissatisfaction with 
tribal elders who accepted ``settlement'' money from the Government to 
quiet community protests over oil spills or perceived problems with the 
local oil companies led to increased expulsions of tribal elders from 
villages in Bayelsa State by youth groups.
    There were unconfirmed reports that members of the armed forces 
beat and raped members of ethnic minorities (see Section 1.c.).
    According to MOSOP, after General Abubakar came to power in June 
1998, the repression of the Ogonis came to an abrupt end. The Ogoni, an 
ethnic group indigenous to Rivers State (one of the oil-producing 
areas), maintains that the Government sought to deprive the group of 
its land and wealth, and seized Ogoni property without fair 
compensation, ignored the environmental impact of oil production on 
Ogoni land, and failed to provide adequate public services, such as 
water and electricity. The conflict between the Ogoni and the 
Government had resulted in a significant amount of repression; however, 
the previous repression of the Ogoni eased significantly under the 
Governments of Abubakar and Obasanjo. During the year, all Ogoni 
political detainees were released from detention and allowed access to 
the remains of executed leaders (see Section 1.d.). The curfew in 
Ogoniland was removed, and the military task force dispatched to 
Ogoniland was disbanded, although a police presence remained. Ogoni 
leaders met with General Abubakar throughout the beginning of the year; 
President Obasanjo met less frequently with them. In December the 
Rivers State government issued a white paper that favored the Eleme--an 
Ogoni clan. The Orikras were ordered to pay compensation to the Eleme 
for the villages that they had destroyed.
    Other ethnic minorities, particularly in Delta, Rivers, Bayelsa, 
and Akwa Ibom States, have echoed Ogoni claims of environmental 
degradation and government indifference to their development. Groups 
such as the Ijaw, Itsekiri, Urhobo, and Isoko grew increasingly vocal 
in expressing their unhappiness about their perceived economic 
exploitation and the environmental destruction of their homelands, and 
incidents of ethnic conflict and confrontation with government forces 
increased in the delta area, particularly after the Ijaw Youth Council 
issued the Kaiama Declaration in December 1998 (see Section 1.a.). 
Other ethnic groups saw the Kaiama Declaration, which terms the entire 
delta the property of the Ijaw, as threatening their rights. Disparate 
organizations of youths from a variety of ethnic groups continued to 
take oil company personnel hostage in the delta region (see Section 
1.b.). In August a foreign company evacuated its foreign employees from 
Bayelsa State after youths seized several oil platforms, helicopters, 
and foreign hostages.
    The same company evacuated its staff from the town of Warri after 
protesters demanding employment for more local persons overran its 
offices. As a result of this violence, many oil companies employed 
local police, and in some cases military troops, to protect their 
facilities and personnel. Local youths claimed that these ``militias'' 
engaged in extrajudicial killings and other human rights abuses, in 
some cases with the support of foreign oil companies (see Section 
1.a.).
    The Government introduced the Niger Delta Development Commission 
bill to the legislature in August. The bill and the proposed commission 
were criticized heavily by a wide range of Niger Delta groups, which 
subsequently demanded amendments to the bill to increase the government 
resources committed to the area and grant more local autonomy over the 
expenditure of these resources. The amendments also sought to change 
the composition of the commission by including NGO's and removing 
officials from states that these groups perceived to be outside the 
Niger Delta region. The Senate and House passed two different versions 
of the bill in December. The main differences included the proposed 
location of the commission headquarters (the Senate favored Yenagoa, 
Bayelsa State, and the House favored Port Harcourt, Rivers State), as 
well as differing formulas for funding the commission. At year's end, 
the Senate differences had not been resolved. However, the bill had 
been amended from its original version to incorporate some local 
demands.
    In September the Government began an investigation into all 
contracts previously awarded under the auspices of the Oil and Minerals 
Producing Areas Development Commission. This commission, established in 
1992 during the regime of General Ibrahim Babangida, widely was 
regarded as corrupt and ineffective in improving the conditions of 
Niger Delta residents.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution promulgated in May 
gives all citizens the right freely to assemble and associate and to 
belong to any political party, trade union, or any other association 
for the protection of their interests. Prior to the new Constitution 
taking effect, Abubakar's Government had enacted Decrees 1 and 2 in 
February; these Decrees repealed several Abacha-era Decrees that 
limited freedom of association and were not subject to legal challenge. 
These included: Decree 4 of 1996, which required unions to pay 10 
percent of members' dues to the Nigerian Labor Congress (NLC), forced 
the merger of 41 unions into 29, and proscribed professional union 
organizers from holding NLC positions (effectively eliminating most 
general secretaries from contention); Decree 26 of 1996, which provided 
the labor minister with broad authority to dissolve unions, required 
the inclusion of ``no strike'' clauses in collective bargaining 
agreements, and prohibited professional labor leaders from holding 
senior positions in unions or the NLC; and Decree 29 of 1996, which 
prohibited NLC and union affiliation with international labor bodies 
(except the Organization of African Trade Union Unity and the 
Organization of Trade Unions of West Africa) without the express 
permission of the Labor Minister.
    Workers, except members of the armed forces and employees 
designated as essential by the Government, may join trade unions. 
Essential employees include police, firefighters, central bank 
employees, security printers (printers of currency, passports, and 
government forms), and customs and excise staff. The Teaching Essential 
Services Decree issued in 1993 included education in the essential 
service list, but it did not proscribe education sector unions.
    According to the President of the Nigerian Labor Congress, total 
union membership is approximately 4 million. Approximately 10 percent 
of the total work force belong to unions. With the exception of a small 
number of workers in food processing enterprises, the agricultural 
sector, which employs the bulk of the work force, is not unionized. 
Most of the informal sector and practically all small businesses remain 
nonunionized.
    Since 1978 the Government has mandated a single trade union 
structure with service and industrial unions grouped under the NLC. The 
trade union movement is composed of two groups consisting of junior and 
senior staff workers. The junior staff workers--primarily blue collar 
workers--are organized into 29 industrial unions with a membership of 
over 4.5 million persons and are affiliated with the NLC. Twenty-one 
unions make up the Senior Staff Consultative Association of Nigeria 
(SESCAN), which has a membership of over 600,000. SESCAN--which is 
composed primarily of white-collar workers--has never been officially 
sanctioned by the Government and is prohibited from affiliating with 
the NLC. SESCAN began the legal process to achieve government 
recognition. In accordance with Abubakar's liberalization scheme, the 
NLC held free elections for its executive council in January. Under 
Abacha Executive Council members were government appointees and most 
prominent laborleaders were prohibited from holding executive positions 
within the NLC.
    After the repeal in February of the Abacha-era decrees, the right 
to strike was restored to workers. There were several strikes 
throughout the year, and labor seminars and labor-related activities 
proceeded without undue interference from police or security 
authorities, although an occasional march or rally resulted in police 
stepping in to disperse marching workers perceived to be a threat to 
government facilities. In March the NLC ordered a nationwide work 
stoppage for all of its public sector employees until respective state 
governments paid--or agreed to pay--a new national minimum wage 
approved by Abubakar. For 9 weeks, beginning April 13, all primary and 
postprimary schools nationwide were shut down following a prolonged 
strike action ordered by the Nigeria Union of Teachers, again in 
protest over nonpayment of wages. Another weeklong strike by teachers 
ended on June 22 after President Obasanjo released approximately $45 
million (4.5 billion naira) for the payment of a newly established 
minimum wage. On August 10, members of the NLC marched on the National 
Assembly to protest demands by legislators for what the NLC perceived 
to be exorbitant furniture allowances.
    On April 6, members of Lagos State's anticrime task force severely 
beat members of the National Union of Petroleum and Natural Gas Workers 
(NUPENG) when they assembled at the Lagos headquarters of an oil 
company to protest the dismissal of several union workers (see Section 
1.c.).
    There are no laws prohibiting retribution against strikers and 
strike leaders, but strikers who believe that they are victims of 
unfair retribution may submit their cases to the Industrial Arbitration 
Panel (IAP) with prior approval of the Labor Ministry. The IAP's 
decisions are binding on all parties but may be appealed to the 
Nigerian Industrial Court (NIC). Union representatives have described 
the arbitration process as cumbersome and time consuming and not an 
effective deterrent to retribution against strikers.
    With the repeal of Decree 29 of 1996, the NLC and labor unions are 
now free to affiliate with international bodies.
    b. The Right to Organize and Bargain Collectively.--The labor laws 
provide for both the right to organize and the right to bargain 
collectively between management and trade unions. Collective bargaining 
continues in many sectors of the economy. Complaints of antiunion 
discrimination may be brought to the Ministry of Labor for mediation 
and conciliation. The Labor Minister may refer unresolved disputes to 
the IAP and the NIC (see Section 6.a.). Union officials have questioned 
the independence of the NIC in view of its refusal in previous years to 
resolve various disputes stemming from the Government's failure to 
fulfill contract provisions for public sector employees. Union leaders 
also have criticized the arbitration system's dependence on the Labor 
Minister's referrals. The Labor Minister made no referrals to the IAP 
since assuming office, and the NIC is moribund due to the Government's 
failure to appoint members to the body.
    The Government of President Obasanjo has directed each state 
administration to establish its own salary structure on the basis of 
its ability to pay and with reference to the national minimum wage (see 
Section 6.e.). The Government's decision was taken without consultation 
with the civil service unions. Several state governments complained 
that they could not afford to pay the $40 (3,800 naira) monthly minimum 
wage to their employees and individually were attempting to agree to a 
state-specific minimum wage.
    An export-processing zone remains under development in Calabar, 
Cross River State, while a second is planned for Port Harcourt, Rivers 
State. Workers and employers in such zones are to be subject to 
national labor laws.
    c. Prohibition of Forced or Compulsory Labor.--The 1974 Labor 
Decree and the 1999 Constitution prohibit forced or compulsory labor, 
and it generally is not known to occur; however, trafficking in women 
and children for purposes of forced prostitution and forced labor is a 
problem (see Section 6.f.). In addition, forced labor has been used in 
``Environmental Saturday'' community clean-up projects that continued 
until Obasanjo abolished them in July. ``Environmental Saturday'' was 
observed the last Saturday of every month in Lagos and was purportedly 
a community-based clean-up effort. However, uniformed ``sanitation 
police'' had the power (and regularly exercised it) to invade citizens' 
homes and force them to clean the areas surrounding their homes until 
the police deemed them clean. Widespread harassment of citizens by 
police was reported on ``Environmental Saturdays.''
    Although employment of persons under 18 years of age generally is 
prohibited, except for agriculture and domestic work, the Government 
does not specifically prohibit forced and bonded labor by children.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The 1974 Labor Decree prohibits employment of children 
less than 15 years of age in commerce and industry and restricts other 
child labor to home-based agricultural or domestic work. The law 
further stipulates that children may not be employed in agricultural or 
domestic work for more than 8 hours per day. The Decree allows the 
apprenticeship of youths at the age of 13 under specific conditions.
    Primary education is compulsory, although this requirement rarely 
is enforced. Studies indicate declining school enrollment due to 
continuing deterioration of public schools and to increased economic 
pressures on families. The lack of sufficient primary school 
infrastructure has ended some families' access to education, forcing 
them to place children in the labor market. Growing economic 
difficulties have led to a substantial increase in the use of children 
in commercial activities aimed at enhancing meager family income. The 
use of children as beggars, hawkers, and bus conductors is widespread 
in urban areas. The use of children as domestic servants is common. 
According to an ILO statement in 1998, the incidence of child 
prostitution also is growing (see Section 5).
    The 1974 Labor Decree and the 1999 Constitution prohibit forced or 
compulsory labor, a prohibition that extends to children, although they 
are not mentioned specifically in the laws; however, there continue to 
be cases of trafficking in children as indentured servants or for 
criminal activities such as prostitution (see Section 6.f.).
    Private and government initiatives to stem the growing incidence of 
child employment continue but have not been effective. During the year, 
the Government formulated a national program of action in support of 
child rights, survival, protection, development and participation; 
however, the program had accomplished nothing by year's end. The Labor 
Ministry has an inspections department whose major responsibilities 
include enforcement of legal provisions relating to conditions of work 
and protection of workers, but the Ministry only conducts inspections 
in the formal business sector in which the incidence of child labor is 
not significant.
    e. Acceptable Conditions of Work.--The 1974 Labor Decree set a 
minimum wage, which is reviewed on an ad hoc basis. The last review of 
the private sector minimum wage, held in 1991, raised the lowest 
monthly salary to about $5.30 (530 naira)--a level since rendered 
meaningless by inflation and depreciation of the naira--which does not 
provide a decent standard of living for a worker and family. Effective 
in September 1998, the Abubakar Government raised the benchmark minimum 
wage in the federal civil service to $62 (6,200 naira) per month, an 
increase from the previous level $9.40 (940 naira). However, in 
December 1998, the Government announced that, given its poor oil 
revenue forecast, it could no longer afford to pay the new federal 
wages. The minimum wage consequently was reduced early in the year to 
$30 (3,000 naira) per month. The Government took the decisions to 
increase federal salaries in August 1998 and to reduce them in December 
1998 without prior consultations with labor (see Section 6.a.). Many 
state government employees, after the establishment of the federal 
minimum wage, lobbied for the same wage. However, several state 
governments maintained that they could not afford to pay this wage. The 
issue of the minimum wage caused several labor disruptions throughout 
the year.
    The 1974 Labor Decree called for a 40-hour workweek, prescribed 2 
to 4 weeks annual leave, and stipulated that workers must be paid extra 
for hours worked over the legal limit. The Decree also stated that 
employees who work on Sundays and statutory public holidays must be 
paid a full day's pay in addition to their normal wages. There is no 
law prohibiting excessive compulsory overtime.
    The 1974 Labor Decree contains general health and safety 
provisions, some of which are aimed specifically at young or female 
workers. While it requires that the factory inspectorate of the 
Ministry of Labor and Employment inspect factories for compliance with 
health and safety standards, this agency often neglects safety 
oversight of construction sites and other nonfactory work. The Decree 
also requires employers to compensate injured workers and dependent 
survivors of those killed in industrial accidents. The Labor Ministry, 
which is charged with enforcement of these laws, has been largely 
ineffective in identifying violations. The Government has failed to act 
on various ILO recommendations since 1991 toupdate its moribund program 
on inspection and accident reporting. The Labor Decree does not provide 
workers with the right to remove themselves from dangerous work 
situations without loss of employment.
    f. Trafficking in Persons.--There is an active and growing market 
for trafficking in women and children to Europe for illicit purposes. 
The nature and scope of the trade remained unknown, but immigration and 
police officials throughout Europe reported a steady flow of Nigerian 
women entrapped and sold into prostitution in Europe, particularly the 
Netherlands, Italy, and the Czech Republic. Italian authorities 
deported several hundred sex workers to Nigeria during the year; 
Spanish authorities deported 16. Other European countries deported 
similar numbers. Nigerian Interpol claimed that women usually entered 
the sex trade independently, were not controlled by syndicates, and 
were economically motivated. However, there is evidence that Nigerian 
crime syndicates may use indebtedness, threats of beatings and/or rape, 
physical injury to the victim's family, arrest, and deportation to 
persuade those forced into sex work from attempting to escape. The 
police reported that the women's families often condoned their entry 
into the trade. The Dutch intercepted what they suspect may have been 
the organized smuggling of up to 12 children during a 5-month period 
from November 1998 to March. There was at least one documented case of 
the trafficking in children to work as indentured servants in the 
United States. There also is evidence of trafficking of children to the 
United States and Europe, mostly for the reunification of children with 
their undocumented parents abroad.
    According to a press report from the Niger Delta region, there is 
an active trade in child laborers, some of whom are exported to 
Cameroon, Gabon, Benin, and Equatorial Guinea to work in agricultural 
enterprises, others of whom are coerced into prostitution. In January 
Cote D'Ivoire authorities repatriated 11 10- and 11-year-old girls from 
Abidjan to Lagos. Authorities also have identified a trade route for 
traffickers of children for labor through Katsina and Sokoto to the 
Middle East and East Africa. The eastern part of the country and some 
southern states such as Cross River and Akwa Ibom have been the focus 
of trafficking of children for labor and, in some cases, human 
sacrifice.
    Nigeria remains a destination for the trafficking of Togolese 
children.
    The Assistant Inspector of General of Police is investigating 
allegations of the collusion of customs officials in trafficking. Some 
of the returnees have alleged that immigration officials actively 
connive with syndicates.
    There is no law that makes trafficking in persons a crime. There is 
government and societal acknowledgement that trafficking in women is a 
continuing problem, particularly to Western European cities. Police 
attempts to stem the trafficking of persons include extended jail 
sentences and public humiliation, primarily of victims. In April the 
Federal Criminal Investigation Department paraded a group of 47 females 
and 17 male victims before the press in Lagos. When a group of 62 
undocumented women were deported in October from Italy, they were met 
by police, local media, their parents and village chiefs, and promptly 
arrested. There is an absence of punishment for traffickers. Only a few 
awareness campaigns have been mounted.
                                 ______
                                 

                                 RWANDA

    The largely Tutsi Rwandan Patriotic Front (RPF), which took power 
following the civil war and genocide of 1994, is the principal 
political force and controls the Government of National Unity headed by 
President Pasteur Bizimungu and Vice President and Minister of Defense 
General Paul Kagame. Prime Minister Pierre Rwigema runs the Government 
on a daily basis and is responsible for relations with the National 
Assembly. Political party activity was suspended by agreement among the 
parties for the duration of the transition period, originally scheduled 
to end in July. However, in June the Government announced the extension 
of the transition period for another 4 years. In March local elections 
occurred for the first time in 10 years. The judiciary is subject to 
executive influence and suffers from a lack of resources, inefficiency, 
and some corruption.
    The Minister of Defense is responsible for external security and 
military defense; the Minister of Internal Affairs is responsible for 
civilian security matters as well as supervision of the prisons and the 
soon-to-be-created national police. The security apparatus consists of 
the Rwandan Patriotic Army (RPA) and the Gendarmerie, which is made up 
largely of RPA soldiers. Civilian police and armed civilian local 
defense units with limited arrest powers work throughout the country. 
The formerly problematic security situation in the northwest, which had 
improved significantly in late 1998, remained generally calm. Members 
of the security forces committed serious human rights abuses, although 
the total declined from the previous year.
    Rwanda is a very poor country, and 70 percent of the population 
live in poverty. The 1994 genocide destroyed the country's social 
fabric, human resource base, institutional capacity, and economic and 
social infrastructure. Per capita annual income is $240, with an 
estimated 88.5 percent of citizens living on less than $2 per day and 
45 percent on less than $1 per day. Subsistence agriculture occupies 
more than 90 percent of the labor force. The principal exports are 
coffee and tea. Small-scale commercial activities are increasing, but 
the industrial and tourism base remains limited.
    The Government's human rights record remained poor, and the 
Government continued to be responsible for numerous, serious abuses. 
Citizens do not have the right to change their government. The security 
forces committed many fewer extrajudicial killings within the country 
than in 1998; however, there were many reports, some of which were 
credible, that Rwandan army units operating in the Democratic Republic 
of the Congo (DROC) committed deliberate extrajudicial killings and 
other serious abuses. There were allegations of a small number of 
disappearances. Security forces beat suspects. Prison conditions 
remained harsh and life threatening and, according to the International 
Committee of the Red Cross (ICRC), 1,148 prisoners died in custody from 
curable illnesses (malaria, dysentery, etc.). Most of the 130,000 
prisoners housed in jails and local prisons are accused of 
participating in the 1994 genocide. Security forces used arbitrary 
arrest and detention, and prolonged pretrial detention was a problem. 
The judiciary is subject to executive influence on occasion and does 
not always ensure due process and expeditious trials. Genocide trials 
continued at a slow pace, but the Government's emphasis on group trials 
resulted in more suspects being tried than in the previous two years. 
The Government released 6,748 detainees whose files were incomplete, 
who were acquitted, or who were ill or elderly. The Government 
restricted freedom of speech, press, assembly, association, and 
movement. An average of 500 refugees per week returned to Rwanda from 
the DROC. Government security forces generally did not harass them. The 
Government was hostile toward some nongovernmental human rights 
organizations (NGO's). In January a law established the National Human 
Rights Commission. Violence and discrimination against women are 
problems. Discrimination based on ethnic status persists, as does child 
labor.
    Insurgents committed several killings.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--The RPA committed 
significantly fewer extrajudicial killings inside the country than in 
1998, due to its success in largely suppressing the insurgency in the 
northwest, as it pushed Hutu rebels including the former Rwandan armed 
forces (ex-FAR) and the Interahamwe militia inside the territory of the 
DROC.
    In Mushubati commune, Gitarama prefecture on January 21, the RPA 
flushed five infiltrators with three firearms out of the woods. Two of 
the infiltrators were shot and killed, two were captured, and one 
escaped. On February 17, the RPA killed four insurgents in Ruhengeri. 
The body of one was put on display at the Nyarutovu internally 
displaced persons (IDP) camp for several hours, and the camp population 
was lined up to view the body. In Gisenyi prefecture on August 28, 
members of a local defense unit(LDU) shot and killed a woman inside the 
Nkamira transit camp at night. Apparently the woman was mentally 
unbalanced and was acting strangely when LDU members challenged her.
    The improvement in the security situation in the northwest led to a 
corresponding decline in alleged reprisals by the RPA. However, a human 
rights group reported that 49 persons, mostly women and children, were 
killed by the army on May 4 and 5, after fleeing into Volcanoes 
National Park.
    Harsh prison conditions contributed to the deaths of 1,148 inmates 
during the year. Some deaths in custody were due to mistreatment or 
abuse by corrupt prison officials (see Section l.c.).
    Since the start of the current war in the DROC in August 1998, RPA 
troops have participated on the side of the Congolese rebel movement 
Rassemblement Congolais pour la Democratie (RCD) against the DROC 
Government. There have been many reports, some of which were credible, 
that RPA soldiers massacred civilians in the DROC. The Government 
denied these claims. It declared a unilateral cease-fire in the DROC in 
May. However, RPA soldiers repeatedly participated in battles after the 
declaration. It is unknown who initiated the hostilities.
    There was widespread reporting throughout the year of killings and 
other human rights abuses by both pro- and anti-government forces, 
including the RPA, in the conflict in the DROC. Verification of these 
reports was extremely difficult, particularly those emanating from 
remote areas and those affected by active combat, primarily in eastern 
Congo. Independent observers often found access difficult due to 
hazardous security conditions as well as frequent impediments imposed 
by authorities. Both pro- and anti-government forces extensively used 
propaganda disseminated via local media, including charges leveled 
against imposing forces, further complicating efforts to obtain 
accurate information regarding such events.
    In early January, there were detailed credible reports that RCD and 
Rwandan forces massacred a large number of civilians in Makabola in the 
eastern DROC between December 31, 1998, and January 1. The RCD stated 
that it had ordered an investigation into these allegations. No results 
of the RCD's investigation were made public during the year, except for 
RCD claims that some of the supposed victims had fled into the bush and 
later returned to Makabola. A Catholic missionary news agency reported 
that on November 22, Rwandan and RCD troops shot and killed an abbot 
and other persons attending a Catholic mass. There were other reports 
of extrajudicial killings committed either by elements of the RCD, 
which the RPA materially supported and in some respects often directed, 
or in which direct involvement by RPA soldiers was not clear to persons 
who found it difficult to distinguish between RCD and RPA forces. Some 
of these reports of RPA killings surfaced in Kinshasa media directly or 
indirectly controlled by the DROC Government; however, other such 
reports emerged through international religious or humanitarian 
organizations and were based on the accounts of multiple witnesses or 
photographic or other evidence. The reported extrajudicial killings of 
civilians by RCD and Rwandan forces in the DROC often reportedly were 
committed in reprisal for guerrilla attacks on RCD or Rwandan forces.
    Lightly armed civilian local defense units were formed, but these 
units are not a professional security force. An NGO attributed 10 to 12 
deaths to members of LDU's. Most appear to have been the result of 
personal quarrels.
    During the year, there were no substantive new developments 
regarding reports of mass killings of Hutus inside the DROC in 1997 by 
forces allegedly including both RPA and elements of the Alliance of 
Democratic Forces for the Liberation of Congo-Zaire (ADFL).
    In April in Ruhengeri prefecture men wielding traditional weapons 
killed at least five persons, including a newly elected sector official 
and three officials elected to the development committees in their 
townships.
    In February in Ndusu commune, Ruhengeri, insurgents killed four 
villagers. In late July, suspected Interahamwe killed a family of four 
with machetes in their home (between Ruhengeri and Gisenyi). It is 
believed that the family was killed because they could implicate 
Interahamwe members in involvement in the 1994 genocide.
    In March DROC-based Rwandan Hutu Interahamwe rebels killed 12 
tourists and rangers in an Ugandan park. Ethnic Hutu rebels were said 
to be responsible for the killings of 30 ethnic Tutsis in a December 23 
attack on Tamira village, Gisenyi prefecture.
    The National Demining Office (NDO), an independent unit of the RPA, 
reported that between April and September, two persons were injured 
seriously in Mutura commune from land mine explosions and another 
seriously injured in Gaseke commune also in Gisenyi prefecture. One 
young child was killed by a land mine in Cyangugu on September 21. 
These mines were believed to be leftover from the 1990-94 conflict 
between the former government and the RPA.
    On April 14, Roman Catholic Bishop Augustin Misago was arrested on 
charges of genocide, a week after President Bizimungu, with Misago in 
the audience, accused Misago publicly at a memorial service marking the 
fifth anniversary of the genocide. Misago was the Bishop of Gikongoro. 
He is charged with planning the genocide, failure to provide assistance 
to persons in danger, and incitement to murder. Specific charges 
include turning over three priests to those who were committing 
genocide and ignoring the pleas for help of 30 young schoolgirls 
seeking refuge in the church. The girls later were killed. Misago is 
the highest-ranking Catholic clergyman and the first bishop to be 
charged with genocide. After a number of delays, his trial finally 
began in Kigali on September 14. More than 20 other Catholic priests 
and nuns face similar accusations and awaited trial at year's end.
    Courts continued adjudicating cases arising from the 1994 genocide 
(see Section l.c.). In April a court cleared former local official 
Ignace Banyaga of taking part in the genocide. On April 29, a Swiss 
military tribunal sentenced Fulgence Niyonteze, a former bourgmestre in 
Gitarama prefecture, to life imprisonment for murder, incitement to 
murder, and war crimes committed during the 1994 genocide. The five 
judges of the tribunal found him guilty of inciting citizens at a 
meeting to kill Tutsis, ordering the murder of two others in a nearby 
bishop's residence, and kidnapping Tutsi refugees to have them killed.
    In June Major Anne Marie Nyirahakizimana became the first female 
former FAR officer to receive the death penalty. In a military court in 
Gitarama presided over by Lt. Col. Jackson Rwahama, Nyirahakizimana and 
civilian Pastor Athanase Ngirinshuti were found guilty of genocide and 
other crimes against humanity committed in Kigali urban prefecture and 
Gitarama prefecture in 1994. The defendants, along with the Government 
and the Free Methodist Church, were ordered to pay compensation of more 
than $31.4 million (11 billion Rwandan francs).
    In June former Radio Milles Collines broadcaster Valerie Bemeriki 
was arrested on charges of genocide and crimes against humanity. She 
allegedly incited persons to kill with her inflammatory radio 
broadcasts. In July a court in Kibuye sentenced 9 persons to death and 
16 to life imprisonment on genocide-related charges.
    The International Criminal Tribunal for Rwanda (ICTR), established 
in Arusha, Tanzania, to try organizers of the 1994 genocide, increased 
the pace of its work during the year. Six new judges were sworn in and 
construction of the third trial chamber was completed in February. Mali 
and Benin signed agreements with the ICTR to accept in their countries 
prisoners convicted by the ICTR. Former Information Minister Eliezer 
Niyitegeka and former Health Minister Casimir Bizimungu were arrested 
in Nairobi and sent to Arusha in February on ICTR warrants; their 
trials were pending at year's end. In April three other former 
ministers were arrested in Cameroon on ICTR warrants. Following a 
guilty plea, Omar Serushago was sentenced to 15 years' imprisonment on 
February 5 for genocide and crimes against humanity in the killing of 
37 persons. Former Mayor Ignace Bagilishema surrendered in South Africa 
in February and was sent to Arusha, where his trial began in September 
on seven counts of genocide. The ICTR found former prefect of Kibuye 
Clement Kayishema guilty on four counts of genocide and sentenced him 
to life imprisonment in May. Also in May, businessman Obed Ruzindana 
was found guilty on one count of genocide and sentenced to 25 years in 
prison. Some citizens were displeased by the ``lenient'' sentences. In 
August the prosecution added rape charges to the indictment of Former 
Minister of Family and Women's Affairs, Pauline Nyiramasuhuko, for 
crimes committed by her subordinates. Nyiramasuhuko in 1997 became the 
first woman to be indicted by an international court for genocide. Hutu 
militia leader Georges Rutaganda was convicted of genocide in December 
and sentenced to life in prison. The trial of Alfred Musema was 
completed, but no judgment was issued by year's end. Elizaphan 
Ntakirutimana, a preacher indicted by the ICTR for allegedly inciting 
the massacre of hundreds of Tutsi seeking refuge in his church, fled 
the country, and the ICTR is pursuing efforts to bring him to trial.
    Tribunal officers arrested a number of former ministers wanted for 
their role in the genocide, all of whom have been transferred to the 
detention center in Arusha to await trials.
    Former chairman of the Mouvement Democratique Republican (MDR) 
political party Bonaventure Ubalijoro was arrested in March for 
presumed involvement in massacres of Tutsis in the 1960's.
    b. Disappearance.--Returning refugees from northeast DROC were 
taken in government buses to a transit center in the disused Technical 
and Agricultural School (ETAG), after it reopened as a school, to 
theNkamira transit center, both in Gisenyi. Based on interviews with 
returnees, one domestic human rights group reported that between 
January and June several returnees who went to the ETAG center failed 
to arrive at their communes. It is unclear why they failed to arrive, 
or if they settled elsewhere in the country.
    There were reports that persons arrested and detained in areas of 
the DROC controlled by antigovernment forces were transferred to Rwanda 
and remained unaccounted for at year's end.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The fundamental law prohibits torture; however, an NGO 
credibly reports that beatings at the time of arrest are common, and 
some released detainees reported that they had been tortured. An August 
18 report from local and international media claimed that the police 
beat and arrested six university students who, along with other 
students, were marching to the Prime Minister's office. The students 
were Anglophone Tutsis protesting French-language instruction in 
schools and universities.
    One domestic human rights group made credible claims that 
``scores'' of detainees interviewed for one of its reports showed 
wounds of mistreatment.
    In May 178 RPA soldiers, including 12 officers, were dismissed from 
the RPA for chronic indiscipline and criminal offenses.
    Former government Minister Pauline Nyiramesuhuko, who already was 
charged with genocide in 1997, was charged in August with rape for 
crimes committed by her subordinates (see Section 1.a.).
    Prison conditions are harsh and life threatening. The ICRC has 
registered about 124,000 prisoners. However, the Ministry of Justice, 
routinely refers to the prison population as 130,000. The prison 
population has remained stable since early 1998. The ICRC registered 
4,888 new detainees and stated that 6,748 were released. The ICRC feeds 
inmates in the 19 main prisons and also provides additional expertise 
and logistical and material support to improve conditions for inmates. 
Overcrowding is a chronic problem, and sanitary conditions are 
extremely poor. There were some reports that prison conditions were 
beginning to improve with the transfer of prison administration to the 
Ministry of Internal Affairs. The Government does not provide adequate 
food or medical treatment. Harsh prison conditions and malnutrition 
contributed to the deaths of numerous inmates. Some deaths in custody 
were due to mistreatment or abuse by corrupt officials. Most of the 
1,148 deaths were the result of curable diseases, suspected AIDS, or 
the cumulative effects of severe overcrowding. The Ministry of Internal 
Affairs launched a vigorous anticorruption campaign. The Ministry 
dismissed no fewer than 9 of the country's 19 prison directors, who 
subsequently were jailed on corruption charges. Hundreds of children 
are incarcerated with adults throughout the prison system (see Section 
5).
    The ICRC, human rights organizations, diplomats, and journalists 
have regular access to the prisons. The ICRC extended its visits to 
communal jails in areas of the country that previously had been 
insecure and to some gendarmerie-supervised jails that its delegates 
had not been permitted to enter for several months.
    d. Arbitrary Arrest, Detention, or Exile.--The Fundamental Law 
provides legal safeguards against arbitrary arrest and detention; 
however, authorities rarely observed them in practice. The justice 
system collapsed during the war and genocide of 1994. With help from 
the international community it is being rebuilt slowly and is beginning 
to function more normally. The Government does not have the capacity to 
ensure that provisions in the Constitution are enforced or that due 
process protections are observed.
    In general the law requires that authorities investigate, then 
obtain a judicial warrant before arresting a suspect. The police may 
detain persons for up to 48 hours without a warrant; formal charges 
must be brought within 5 days of arrest. These provisions are widely 
disregarded. The law permits preventive detention if authorities 
believe that public safety is threatened or that the accused might 
flee. There is no bail, but the authorities may release a suspect 
pending trial if they are satisfied that there is no risk that the 
person may flee.
    Over 90 percent of the 130,000 individuals presently incarcerated 
are awaiting trial on genocide charges. Some have been in jail since 
1994. The Government does not have the capacity to process cases within 
a reasonable time frame. In March 1997, the Government, with extensive 
assistance from donors, established mobile groups whose mandate is to 
establish or complete files, which indicate the basis for charges, for 
all prisoners. While these groups have handled over 60,000 cases, 
approximately 40,000 prisoners remain without files. In December the 
NationalAssembly amended the law to permit the continued detention of 
genocide suspects through mid-2001.
    In April in Kibuye prefecture, judicial officials delayed the 
release of 1,000 genocide suspects who have no case files due to fear 
that the community had not been sensitized sufficiently to receive the 
suspects peacefully. However, the Government continued to release 
prisoners who were elderly, ill, or had no file. Many of the 6,748 
detainees released were those without case files. Rearrests because of 
community criticism were rare. This change was attributed to improved 
enforcement by the Ministry of Justice of the laws governing arrest and 
to recognition of the fact that the existing prison caseload is already 
more than the system can handle.
    An international human rights organization reported in detail an 
alleged incident in September in which some RPA members in the 
northwest of the country detained several civilians suspected of theft, 
and beat them so severely over a period of several days that one later 
died. International human rights organizations have received credible 
reports of military detention facilities to which they have no access 
and in which civilians are sometimes detained.
    Exile is not practiced.
    e. Denial of fair public trial.--The Fundamental Law provides for 
an independent judiciary; however, the Government did not respect this 
provision fully. The judiciary is subject on occasion to executive 
influence and suffers from inefficiency, a lack of resources, and some 
corruption. There were occasional reports of corruption, mostly of 
bribery of officials, ranging from clerks to judges. In October a 12-
member commission charged with fighting corruption in the judiciary 
held its first meeting. It is chaired by the Minister of Justice and 
charged with investigating all activities involving corruption and 
educating citizens on methods that can be used to fight corruption.
    The Fundamental Law provides for a system of communal courts, 
appeals courts, and a Supreme Court of six justices. The President 
nominates two candidates for each Supreme Court seat, and the National 
Assembly may choose one or reject both (the latter is not known to have 
ever happened). In June, after a third Supreme Court justice left his 
post, the President requested and received the resignations of the 
remaining three justices. A new Supreme Court was sworn in in July.
    The law provides for public trials with the right to a defense, but 
not at public expense. The shortage of lawyers and the abject poverty 
of most defendants make it difficult for many defendants to obtain 
representation. International NGO's such as Avocats Sans Frontiers (ASF 
or Lawyers Without Borders) provide defense and counsel to many of 
those in need, but it is estimated that less than 50 percent of 
prisoners have defense counsel. The Government does not have sufficient 
prosecutors, judges, or courtrooms to hold trials within a reasonable 
time.
    The judiciary is focused on resolving the enormous genocide 
caseload of some 130,000 prisoners. The Government increased its use of 
group trials as one method of reducing the caseload. It also embarked 
on a nationwide campaign to explain ``gacaca'' (a form of traditional 
participatory justice modernized to try genocide suspects) ahead of its 
expected implementation. According to a draft bill, lawyers are not to 
be permitted to participate officially, and gacaca ``judges'' are to be 
elected by their communities.
    Verified figures for the number of genocide suspects tried were not 
available, though a Ministry of Justice official noted that the number 
was greater than the total tried during the previous two years. A U.N. 
Children's Fund/Ministry of Justice report states that between January 
and June, 86 genocide trials were held and 634 prisoners were judged. 
Of these, 64 received the death penalty; 191 were sentenced to life in 
prison; 225 received various prison terms; 24 received other penalties; 
and 130 were acquitted. The vast majority of trials met international 
standards. The human rights organization Liprodhor also actively 
monitors trials and interviews released prisoners. No public executions 
occurred.
    In 1996 the National Assembly passed the Organic Genocide Law, a 
portion of which is designed to encourage confessions in exchange for 
reduced sentences for the vast majority of those involved in the 
genocide. With assistance from donors and NGO's advertising widely the 
confession provisions, to date, over 15,000 prisoners have confessed. 
However, only a small number of confessions have been processed due to 
the lengthy administrative review and hearing and the lack of officials 
to process the confessions through the system.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, and 
authorities generally respected these prohibitions. Forced conscription 
has been practiced by the RPA, particularly after the RPA entered the 
conflict in the DROC. Citizens who served in the military may be 
recalled to compulsory duty at any time.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Fundamental Law provides for 
freedom of the press; however, the Government restricted this right in 
practice. The Government intimidated journalists whose reporting was 
contrary to official views. Most journalists practice self-censorship 
due to fear of government reprisals. On February 26, John Mugabi, 
editor of the monthly newspaper Newsline, was jailed on a complaint of 
libel filed by Lt. Col. Frank Rusagara, Secretary General of the 
Ministry of Defense, after Mugabi refused to reveal the source(s) for 
an article that alleged that Rusagara took a bribe on a helicopter 
deal. Mugabi was released provisionally on May 21 with several 
conditions placed on his freedom of movement and travel. A second 
journalist, Amiel Nkulizi, was released in August after more than 2 
years in prison without a hearing.
    On September 8, Helena Nyirabikali, a female journalist who worked 
for the state-owned weekly newspaper Imvaho for over 15 years, was 
arrested on genocide charges. The Government accused her of writing 
articles that incited ethnic hatred. The human rights organization 
African Rights mentioned her in a report as being one of the Rwandan 
women who played a big role in the genocide. Nyirabikali joined several 
other journalists in prison on genocide charges.
    The Government continued to fail to act on the Rwandan Journalist 
Association's request for a license. Without a license, the Association 
legally may not act on behalf of its members or apply for assistance 
from NGO's or other donors.
    Media sources are limited. There are several privately owned 
newspapers, which publish weekly in English, French, or Kinyarwanda. 
There is no daily newspaper. The Government owns the only national 
radio station and the only television station, which has 5 hours of 
programming per day. The British Broadcasting Corporation broadcasts on 
FM from Kigali in several languages. In November the German 
broadcasting service Deutsche Welle signed an agreement with the 
Government to open an FM station in Kigali.
    The Government is the sole Internet service provider.
    Academic freedom is respected.
    b. Freedom of Peaceful Assembly and Association.--The fundamental 
law provides for freedom of peaceful assembly; however, the authorities 
restrict this right in practice. They legally may require advance 
notice for outdoor rallies, demonstrations, and meetings.
    The Constitution provides for freedom of association; however, the 
Government restricts this right in practice. Private organizations are 
required to register but, with few exceptions (see Section 2.a.), the 
Government generally grants licenses without undue delay.
    The National Revolutionary Movement for Democracy and Development 
(MRND), and the Coalition for Defense of the Republic (CDR), both 
implicated in planning and executing the 1994 genocide, were banned by 
law.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice. 
There is no state religion. On February 12, the Security Council of 
Kigali city, in cooperation with representatives of churches and 
religious groups currently operating, decided that no religious group 
would be allowed to function unless it was registered with the 
Government. The sub-prefect and the chief of urban and security 
services decided to meet three times a year to evaluate and combat 
those who involve themselves in religious groups with intentions other 
than prayer. In March communities elected several members of the 
religious group ``temperance'' to local committees. When some persons 
refused to take the oath of office because their religion forbids 
swearing, government officials barred them from office, and the 
communities elected replacements. In Kibuye prefecture in October, 40 
persons were briefly arrested for refusing to serve on night patrols on 
religious grounds.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights; however, the Government restricted them in practice. Citizens 
must show identification when requested. In mid-June security forces 
rounded up some 400 to 500 ``suspicious persons'' in a Kigali 
neighborhood. Those with proper identification and foreigners in legal 
status were released. The police sent some 110 persons from other parts 
of the country back to their home communes.
    Over 600,000 persons were displaced in the northwest in late 1998 
and moved into camps as a result of insurgent activities and government 
military operations to halt them. During late 1998 and the first half 
of 1999, the displaced persons were moved into 183 villages under the 
Government's policy of villagization. Although the Government claimed 
that the move to villages was voluntary, observers believe that many 
persons were compelled to move.
    The Government cooperates with the office of the U.N. High 
Commissioner for Refugees and provided first asylum to a number of 
refugees. The vast majority were Congolese refugees who fled their 
country during unrest in 1996. Several hundred Burundians still are 
awaiting compensation for their property seized in 1997 when the 
Government revoked their refugee status, granted in the 1970's.
    There were reports in March that the RCD would expel Rwandans from 
the Masisi and Rutshuru regions in the DROC, on accusation that they 
were causing insecurity there. No mass expulsion occurred. After a rate 
of return of over 3,000 per month through May, the weekly rate of 
return of Rwandan refugees from northeast DROC fluctuated between 200 
and 760. It is likely that the RPA and RCD put pressure on some of the 
refugees to return to Rwanda; however, returnees interviewed by the 
UNHCR said that their return was voluntary.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    Citizens do not have the right to change their government by 
democratic means. The Rwandan Patriotic Front (RPF) is the dominant 
political force in the country. Following the genocide of 1994, 
political parties agreed to form a government of national unity based 
on the 1992-93 Arusha Accords. This agreement laid the basis for the 
apportionment of ministries and other offices. The RPF brought 
representatives of four other opposition parties into the Government 
after its military victory in 1994, but none of the officials was 
elected. Political parties also agreed to suspend political activities 
for a period of 5 years, by which time the transition to elected 
government was to have been complete. This 5-year period was to end in 
July; however, the Government announced in June the extension of the 
transition period by 4 years. The announcement did not mention 
political party activities; the parties continue to observe the 
suspension. A National Assembly is functioning, with nine political 
entities represented, including the RPA. Assembly members, known as 
deputies, were chosen by the political bureaus or executive committees 
of their respective parties. Between March and May, the ``political 
forum'', composed of party officials (many of them members of the 
Government) expelled and replaced 21 of the 70 deputies from several 
parties, the first time the political forum took such action.
    The central Government appoints officials at the commune and 
prefecture levels. From March 29 to 31, the Government held elections 
for local development committees at the cell level (the smallest 
geographic jurisdiction) and sectors (the next-largest jurisdiction). 
The committees are to propose, select, and implement development 
projects financed by the limited resources available to them. Prior 
campaigning was prohibited. On election day, residents of each of the 
nearly 9,000 cells met and nominated fellow cell residents as 
candidates. Voters (residents age 18 and over) voted by lining up 
behind the candidate of their choice for 8 of the 10 seats on the 
committee. Elections at the sector level were indirect; the persons 
elected at the cell level became the voting pool and elected 8 of the 
10 members of their sector committee from among their own number. The 
other two seats on each cell and sector committee went automatically to 
the cell or sector presidents of the separately elected women's and 
youths' committees. Political parties did not participate in this 
election.
    No legal restrictions hinder the participation of women in 
political life; however, women remain underrepresented in politics and 
in the Government, including the Cabinet, the National Assembly, and 
the local committees elected in March. There are 15 female assembly 
members and 2 female cabinet members. The Batwa ethnic group also is 
largely underrepresented.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A variety of domestic human rights groups operate without 
government restriction, investigating and publishing their findings on 
human rights violations. However, none has the resources to conduct 
extensive human rights monitoring. Local NGO activities often are 
limited to receiving and compiling reports from citizens about human 
rights abuses and conducting selective investigations. Reports are 
published occasionally; statements criticizing specific incidents are 
more common. Only one or two local human rights NGO's are viewed as 
strictly impartial.
    The Government was cooperative and responsive to the reports of 
some international human rights NGO's. It was hostile towards others 
whose reporting was perceived as biased and inaccurate.
    The ICRC operates normally and is active in visiting prisons.
    In January the National Assembly passed a law establishing the 
National Human Rights Commission and selected the members in May. The 
Commission obtained training for its members and hosted several human 
rights seminars.
    Cooperation between the government and the International Criminal 
Tribunal for Rwanda generally improved. In October the Government named 
Martin Ngoga, chief prosecutor in Butare prefecture, as the 
Government's representative to the ICTR. The Government chided the 
Tribunal for its slow pace but welcomed the completion of the third 
trial chambers and expressed interest in holding one of the genocide 
trials in Rwanda. Protection mechanisms for witnesses in Rwanda 
continued to be the subject of discussion between the ICTR and the 
Government. After years of operating without a framework agreement, an 
agreement was signed on June 3, spelling out some aspects of protection 
measures, but concentrating largely on the ICTR staff's privileges and 
immunities.
    However, the Government expressed disappointment with some of the 
ICTR'S decisions (see Section l.a.). It strongly criticized the ICTR 
when it dropped charges and, in March, released Bernard Ntuyahaga, who 
was accused of murdering the former Prime Minister and 10 Belgian 
peacekeepers assigned to protect her in 1994. After Ntuyahaga 
subsequently was arrested again by Tanzanian authorities in March, 
Rwanda and Belgium both submitted extradition requests. He remained in 
jail in Tanzania at year's end. In November the Government temporarily 
suspended cooperation with the ICTR and briefly denied a visa to its 
chief prosecutor following the appeals judges' ruling that due to 
lengthy delays and other procedural errors, ICTR detainee Jean-Bosco 
Barayagwiza must be freed. Barayagwiza is a former leader of the most 
extreme Hutu party who was charged with multiple counts of genocide and 
other crimes against humanity in 1996. In December the judges agreed to 
reconsider their decision on the basis of the chief prosecutor's 
promise to introduce additional evidence.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides that all citizens are equal before the 
law, without discrimination on the basis of race, color, origin, 
ethnicity, clan, sex, opinion, religion, or social standing. However, 
the Government provides only limited enforcement of these provisions.
    Women.--Violence against women is common. Wife beating and domestic 
violence occur frequently. Cases normally are handled within the 
context of the extended family and rarely come before the courts.
    Despite constitutional provisions, women continue to face 
discrimination. Women traditionally perform most of the subsistence 
farming and play a limited role in the modern sector. They have limited 
opportunities for education, employment, and promotion. The 1992 Family 
Code generally improved the legal position of women in matters relating 
to marriage, divorce, and child custody but does not meet the 
constitutional commitment to gender equality. For example, it formally 
designates men as heads of households. In October the National Assembly 
passed a law on matrimonial regimes and inheritance that allows women 
to inherit property from their husbands and fathers and allows couples 
to choose the type of property rights they wish to adopt (i.e., joint 
ownership, community property, etc.).
    The Ministry of Gender and Women in Development is charged with 
handling issues of particular concern to women. The Minister is an 
active advocate for women's rights. Since the 1994 genocide a large 
number of women's groups has emerged. These organizations are extremely 
active in promoting women's issues, particularly problems faced by 
widows, orphaned girls, and households headedby children. Addressing 
social and cultural barriers to the equality of women is a major focus.
    Children.--The Government is committed to children's rights and 
welfare. It attempts to provide education and health care to every 
child. Over 85 percent of the children who were separated from or lost 
their parents during the 1994 genocide and the massive repatriation in 
1996 have been reunited with family members or placed in foster homes. 
According to the U.N. Children's Fund (UNICEF), of the 28,946 
unaccompanied children once housed in its centers, 24,907 have been 
reunited with their families or placed in foster homes.
    All families must pay school fees to enroll a child. The Government 
routinely waived fees for orphans. UNICEF estimates that over 60,000 
children age 18 or younger head households in the country. The 
Government worked closely with local and international NGO's to secure 
assistance for children in such situations. The Government regularly 
held sessions with local officials to sensitize them to the needs of 
households headed by children and emphasize the additional 
responsibility officials bear in connection with this group.
    The public schools cannot accommodate all children of primary 
school age. Private schools are too distant or too expensive to serve 
as an alternative for many children. Entry to secondary school is by 
examination. A 1996 sociodemographic survey released in July 1998, 
conducted by the Government and the U.N. Population Fund, found that 
59.6 percent of the population age 6 and over had primary education. 
Only 3.9 percent had completed secondary school and 0.2 percent had 
university education. UNICEF estimates that these figures are still 
accurate. The highest percentage of those with no education is in the 
30-and-over age group, indicating a trend toward increased educational 
levels in recent years.
    Although the Penal Code prohibits the imprisonment of children with 
adults, the ICRC reported that 298 children, most of whom are age 2 or 
younger, are incarcerated with their mothers. The UNICEF/Ministry of 
Justice report claims that as of year's end, 3,030 minors were 
incarcerated on genocide-related charges, but few had been tried for 
their offenses. The ICRC reported that approximately 570 children who 
were under age 14 at the time of their arrest are incarcerated on 
genocide-related charges. Some 25 children under the age of 14 
currently are incarcerated. In August 60 children accused of 
participating in the genocide were released from a child detention 
center.
    In May communal police rounded up street children in Kigali. There 
were rumors that the children were to be forced to join the RPA and 
sent to the DROC for battle; however, the children actually were taken 
to a shelter in Gikongoro.
    By mid-April reports estimated that a total of 2,200 street 
children had been taken to a solidarity camp in Gikongoro where they 
learned hygiene, civic education, the dangers of narcotics, and methods 
of protection against sexually transmitted diseases. In April 270 
street children of school age were returned to their families after the 
camp. The families were required to take their children directly to a 
school. Some 300 others are to receive vocational training. The 
Kimisagara street children's center in Kigali retains 130 orphans who 
are to attend primary school while awaiting adoption.
    People with Disabilities.--Although there are no laws restricting 
persons with disabilities from employment, education, or other state 
services, in practice few disabled persons have access to education or 
employment. No laws or provisions mandate access to public facilities.
    Indigenous People.--Less than 1 percent of the population belongs 
to the Batwa ethnic group. The Batwa, survivors of the Twa (Pygmy) 
tribes of the mountainous forest areas bordering the Democratic 
Republic of Congo, exist on the margins of society and continue to be 
treated as inferior citizens by both the Hutu and Tutsi groups. The 
Batwa have been unable to protect their interests, which center on 
access to land and housing. Few Batwa have gained access to the 
educational system, resulting in their minimal representation in 
government institutions. There is no reliable information on specific 
human rights abuses perpetrated against the Batwa population since the 
1994 upheaval.
    National/Racial/Ethnic Minorities.--Before April 1994, an estimated 
85 percent of citizens were Hutu, 14 percent were Tutsi, and 1 percent 
were Batwa (Twa). However, Hutus and Tutsis are not clearly distinct 
groups, since the two have intermarried for generations. The subsequent 
mass killingsand migrations probably affected the ethnic composition of 
the population, but the extent of the changes is unknown.
    Large-scale interethnic violence in the country between Hutus and 
Tutsis has erupted on three occasions since independence in 1962, 
resulting on each occasion in tens or hundreds of thousands of deaths. 
The most recent and severe outbreak of such violence, in 1994, involved 
genocidal killing of much of the Tutsi population under the direction a 
Hutu-dominated government and implemented in large part by Hutu-
dominated armed forces (now the ex-FAR) and Interahamwe militia; that 
genocide ended later the same year when a Tutsi militia operating out 
of Uganda overthrew that government and established the current 
Government. The Government has called for national reconciliation and 
committed itself to abolishing policies of the former government that 
had created and deepened ethnic cleavages. It eliminated references to 
ethnic origin from the national identity card. The Government has not 
addressed statutorily the problem of ethnic quotas in education, 
training, and government employment, but discrimination against the 
Tutsi minority effectively ceased with the change of government in 
1994. Some Hutus accuse the Government of favoring Tutsis in government 
employment, admission to professional schooling, recruitment into the 
army, and other matters. Some organizations also complain that in 
hiring, the government favors English-speaking Tutsis over French-
speaking Tutsis.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right to create professional associations and labor unions, and the 
Government usually respects this right in practice. In practice the 
labor movement has been hampered due to the massive disruptions caused 
by the 1994 genocide. Although preconflict labor law technically 
remains in effect, the Government is unable to implement its 
provisions. Unions are only slowly regrouping and asserting themselves.
    Union membership is voluntary and open to all salaried workers, 
including public sector employees. There are no restrictions on the 
right of association, but all unions must register with the Ministry of 
Justice for official recognition. There are no known cases in which the 
Government denied recognition. Unions are prohibited by law from having 
political affiliations, but in practice this is not always respected. 
Union activists complain that employers threaten to fire employees who 
attempt to organize or join unions.
    Organized labor represents only a small part of the work force. 
More than 90 percent of workers are engaged in small-scale subsistence 
farming. About 7 percent work in the modern (wage) sector, including 
both public and private industrial production, and about 75 percent of 
those active in the modern sector are members of labor unions.
    Until 1991 the central union of Rwandan workers (CESTRAR) was the 
only authorized trade union organization. With the political reforms 
introduced in the Constitution, the CESTRAR officially became 
independent of the Government and the later-outlawed MRND political 
party. Unions outside the CESTRAR have been registered.
    The Constitution provides for the right to strike, except for 
public service workers. Procedures to conduct a legal strike as 
stipulated in the Labor Code are cumbersome and, according to a CESTRAR 
officer, never followed. A union's executive committee must approve a 
strike, and a union must try to resolve its differences first with 
management according to steps prescribed by the Ministry of Public 
Service and Labor.
    Labor organizations may affiliate with international labor bodies. 
The CESTRAR is affiliated with the Organization of African Trade Union 
Unity and the International Confederation of Free Trade Unions.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for collective bargaining, although only the 
CESTRAR had an established collective bargaining agreement with the 
Government. In practice since most union members are in the public 
sector, the Government is involved intimately in the process (see 
Section 6.e.).
    The law prohibits antiunion discrimination, and there were no 
reports of such discrimination. No formal mechanisms exist to resolve 
complaints involving discrimination against unions.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced labor, and there were no reports that it occurred in practice, 
apart from work details composed of prisoners, which are common and 
generally involved rebuilding houses, clearing land, or other public 
maintenance duties. Although the law does not specifically prohibit 
forced and bonded labor by children, such practices are not known to 
occur.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Except in subsistence agriculture, the law prohibits 
children under age 18 from working without their parents' or guardians' 
authorization, and they generally may not work at night. The minimum 
age for full employment is 18 years, and 14 years for apprenticeships, 
providing that the child has completed primary school. The Ministry of 
Public Service and Labor has not enforced child labor laws effectively. 
The law does not specifically prohibit forced or bonded labor by 
children; however, such practices are not known to occur (see Section 
6.c.).
    e. Acceptable Conditions of Work.--The Ministry of Public Service 
and Labor sets minimum wages in the small modern sector. The 
Government, the main employer, effectively sets most other wage rates 
as well. There is no single minimum wage; minimum wages vary according 
to the position. The minimum wages paid are insufficient to provide a 
decent standard of living for a worker and family. Often families 
supplement their incomes by work in small business or subsistence 
agriculture. However, in practice, workers accept less than the minimum 
wage.
    Officially, government offices have a 40-hour workweek. In 1993 
negotiations were held between the unions, the government, and 
management to reduce the workweek from 45 to 40 hours in the private 
sector as well. The law controls hours of work and occupational health 
and safety standards in the modern wage sector, but labor inspectors 
from the Ministry of Public Service and Labor enforce them only 
loosely. Workers do not have the right to remove themselves from 
dangerous work situations without jeopardizing their jobs.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons; however, there were no reports that persons were trafficked 
in, to, or from the country.
                                 ______
                                 

                         SAO TOME AND PRINCIPE

    The Democratic Republic of Sao Tome and Principe is a multiparty 
democracy. The Government is composed of an executive branch and a 
unicameral legislature (the National Assembly). The President appoints 
the Prime Minister, who in turn appoints the ministers of the 
Government. Miguel Trovoada, leader of the Independent Democratic 
Alliance (ADI), was reelected President in 1996 for a second 5-year 
term in an election deemed generally free and fair by international 
observers, despite allegations of an unconstitutional modification of 
the voter lists between the first and second rounds. In the November 
1998 legislative elections, the Movement for the Liberation of Sao Tome 
and Principe (MLSTP) won an outright majority with 31 of 55 seats, and 
holds all 10 seats in the Cabinet. The judiciary is independent.
    The Minister of National Defense, Security, and Internal Order 
supervises the military services and the police. Many members of the 
military are part-time farmers or fishermen. Since a military mutiny in 
1995, the Government and international donors have dedicated resources 
to improving soldiers' living conditions. No defense expenditures have 
been used for lethal weapons since the advent of multiparty democracy 
in 1990.
    The economy is based on the export of a single product, cocoa, 
produced in an archaic, state-run system of plantations called 
``rocas.'' The Government has privatized some of the state-held land 
but had limited success in privatizing state-owned enterprises. The 
Government faltered in its efforts at structural adjustment, and the 
economy continues to face serious difficulties. While the inflation 
rate has fallen to 10 percent per year and the currency has stabilized, 
the country remains highly dependent on foreign aid, and external debt 
is six times gross domestic product. Per capita income is less than 
$350 per year, and the economy is stagnant. Unemployment, although 
difficult to quantify, remained very high.
    The Government continued to respect the rights of its citizens. The 
principal human rights problems continued to be an inefficient judicial 
system, harsh prison conditions, violence and discrimination against 
women, and outdated plantation labor practices that limit worker 
rights.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture or cruel and inhuman 
punishment. There were no reports of violations during arrests or 
interrogations.
    Prison conditions are harsh but not life threatening. Human rights 
monitors are not known to have requested permission to make prison 
visits; it is believed that the Government would permit such visits if 
requested.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest, detention, or exile, and the Government 
observes these prohibitions.
    Exile is not used as a punishment. All those exiled under the one-
party regime of 1975-1990 are free to return, and several prominent 
politicians have done so.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the judiciary has returned verdicts against 
both the President and the Government. The legal system is based on 
Portuguese and customary law, with the Supreme Court at the apex. The 
Government has important powers relating to the judiciary, including 
setting salaries for judges and all ministerial employees in accordance 
with standard government salaryguidelines. Government salaries are 
extremely low, and the authorities are concerned that judges may be 
tempted to accept bribes. The authorities maintain that they continue 
to respect the independence of the judiciary.
    The Constitution provides for the right to fair public trial, the 
right of appeal, and the right to legal representation. In practice, 
however, the judicial infrastructure suffers from severe budgetary 
constraints, 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.
    There were no reports of political prisoners.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the integrity of the 
person and the right to privacy of home, correspondence, and private 
communication. The Government does not engage in intrusive practices, 
such as surveillance of persons or the monitoring of communications. 
The judicial police are responsible for criminal investigations and 
must obtain authorization from the Ministry of Justice to conduct 
searches.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression and freedom of the press, and the Government 
generally respects these rights in practice. One government-run and 
three independent newspapers and newsletters are published 
sporadically, usually on a monthly or bimonthly basis.
    Television and radio are state operated. While there are no 
independent local stations, there are no laws forbidding them. The 
Voice of America, Radio International Portugal, and Radio France 
International rebroadcast locally. The law grants all opposition 
parties access to the state-run media, including a minimum of 3 minutes 
per month on television. In September President Trovoada criticized 
cronyism in the state media and encouraged potential operators to enter 
the private broadcasting sector.
    All parties freely distribute newsletters and press releases giving 
their views and criticizing the Government, the President, and one 
another. There were no reports of government censorship or threats of 
censorship from any group, nor any reports of efforts by national 
security forces to suppress criticism.
    The Government does not restrict access to or use of e-mail, the 
Internet, or satellite phones. However, the only domestic Internet 
server is a joint venture in which the Government's Post and 
Telecommunications Office is a partner, and the cost of Internet access 
remains high, so access remains limited in practice.
    Academic freedom is respected.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for these rights, and the Government respects them in 
practice. The Government requires that requests for authorization for 
large-scale events be filed 48 hours in advance and usually grants the 
appropriate permits.
    c. Freedom of Religion.--The Constitution provides for religious 
freedom, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice.
    Domestic law contains no specific provisions for granting refugee 
status in accordance with the 1951 U.N Convention Regarding the Status 
of Refugees and its 1967 Protocol. However, the authorities 
traditionally have welcomed those seeking refuge or asylum. No requests 
for first asylum were reported during the year, but in theory the 
Government would be prepared to grant such requests. There were no 
reports thatpersons were forced to return to a country where they 
feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens exercised this right for the first time in 1991 in free 
and fair presidential and legislative elections, and subsequently in 
the 1994 and 1998 legislative elections, and the 1996 presidential 
elections. These elections resulted in the peaceful transfer of power 
between political party coalitions. Voter participation has exceeded 80 
percent in recent elections. International observers noted that the 
1998 legislative elections were free and transparent. Each of the three 
principal political parties has significant representation in the 
unicameral National Assembly. Elections are by secret ballot on the 
basis of universal suffrage for citizens 18 years of age or older. In 
the 1998 legislative elections, the MLSTP won an outright majority with 
31 out of 55 seats and filled all 10 Cabinet positions.
    The Constitution provides for the election of the President, who as 
Head of State names the Prime Minister. The Prime Minister appoints 
members of the Government.
    There are no restrictions in law or in practice on the 
participation of women in politics. However, women are underrepresented 
in politics and government. Women currently hold 3 of 55 seats in the 
National Assembly, 1 of 12 seats in the Cabinet, and 1 of 4 seats on 
the Supreme Court. One woman was a presidential candidate in the 1996 
elections and received 16 percent of the first-round vote.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A small number of local human rights groups have formed since 1991 
and operate without restriction or governmental interference. There 
were no known requests by international human rights groups to visit 
the country.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides for the equality of all citizens 
regardless of sex, race, racial origin, political tendency, creed, or 
philosophic conviction. However, the Government has not sought actively 
to enforce these provisions.
    Women.--While the extent of the problem is unknown, violence 
against women occurs, and medical professionals and officials report 
firsthand 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 bring legal action or 
are ignorant of their rights under the law. Traditional beliefs and 
practices also inhibit women from taking domestic disputes outside the 
family.
    While the Constitution stipulates that women and men have equal 
political, economic, and social rights, and while many women have 
access to opportunities in education, business, and government, in 
practice women still encounter significant societal discrimination. 
Traditional beliefs concerning the division of labor between men and 
women leave women with much of the hard work in agriculture, with most 
child-rearing responsibilities, and with less access to education and 
to professions. Female literacy is approximately 62 percent; male 
literacy is approximately 85 percent.
    Children.--A number of government and donor-funded programs have 
been established to improve conditions for children. There has been 
improvement in maternity and infant care, in nutrition, and in access 
to basic health services, especially in urban areas. Mistreatment of 
children is not widespread. There are few social protections for 
orphans and abandoned children.
    People With Disabilities.--The law does not mandate access to 
buildings, transportation, or services for persons with disabilities. 
There are no reports of discrimination against the disabled.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for freedom 
of association and the right to strike. Few unions exist in the very 
small modern wage sector. Independent cooperatives, on the other hand, 
have taken advantage of the government land distribution program to 
attract workers and in many cases to improve production and incomes 
significantly. Public sector employees still make up the great majority 
of wage earners. Strikes are legal, including those by government 
employees and other essential workers. There are no laws or regulations 
that prohibit employers from retaliating against strikers.
    There are no restrictions barring trade unions from joining 
federations or affiliating with international bodies.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides that workers may organize and bargain 
collectively. However, due to its role as the principal employer in the 
wage sector, the Government remains the key interlocutor for labor on 
all matters, including wages. There are no laws prohibiting antiunion 
discrimination.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced and bonded labor, and it is not known to exist. The Government 
prohibits forced and bonded labor by children, and such practices are 
not known to occur.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Employers in the modern wage sector generally respect the 
legally mandated minimum employment age of 18 years. The Ministry of 
Justice and Labor is responsible for enforcing this law. In subsistence 
agriculture, on plantations, and in informal commerce, children do 
work, sometimes from an early age. The Government prohibits forced and 
bonded labor by children, and the prohibition is respected (see Section 
6.c.).
    e. Acceptable Conditions of Work.--Working conditions on many of 
the state-owned plantations--the largest wage employment sector--verge 
on the medieval. There is no legally mandated minimum wage. The average 
salary for plantation workers does not provide a decent standard of 
living for a worker and family, and the real value of their pay is 
constantly eroded by high rates of inflation. In principle, workers and 
their families are provided free (but inadequate) housing, rudimentary 
education for their children, and health care, as well as the privilege 
of reduced prices and credit at the ``company store.'' These 
arrangements are intended to subsidize food and clothing. However, 
corruption is widespread, and international lending institutions have 
criticized the Government for ineffective administration of these 
subsidies. Workers often are forced to pay higher prices on the 
parallel market to obtain the goods theoretically provided at a 
discount as part of their compensation.
    The legal workweek is 40 hours with 48 consecutive hours mandated 
for a rest period, a norm respected in the modern wage sector. The 1979 
Social Security Law 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. Employees have the right under the law to leave unsafe 
working conditions.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons, and there were no reports that persons were trafficked in, to, 
or from the country.
                                 ______
                                 

                                SENEGAL

    Senegal is a moderately decentralized republic dominated by a 
strong presidency. President Abdou Diouf, who has been in office since 
1981, was reelected to a 7-year term in 1993. Credible international 
observers reported favorably on the registration, campaigning, and 
polling phases of that election, and stated that observed 
irregularities in those phases did not materially affect the outcome; 
however, in the vote tabulation phase, the National Tabulation 
Commission could not reach consensus and its head resigned, indicating 
pressure from the Government. Members of the President's Socialist 
Party (PS) have occupied the presidency and dominated the unicameral 
legislature since independence from France in 1960, although opposition 
parties have been legal. In 1998 the Government amended the 
Constitution to create a second legislative chamber, a Senate, in which 
the President appoints one-fifth of the members, and an electoral 
college consisting largely of elected local and regional government 
officials choosing most of the others. In protest of this electoral 
system, most of the opposition parties boycotted the first senatorial 
elections held by the Government in January. The ruling Socialist Party 
won all seats in this election and the Government formally inaugurated 
the Senate in February. In May 1998, the PS won 50 percent of votes 
cast and 93 of 140 seats in elections for an expanded National 
Assembly. Unlike previous elections, these were supervised by a 
National Election Observatory (ONEL), independent of the Government. 
Although the elections were marred by violence and by persistent flaws 
in the electoral system, and although most international observers were 
not permitted to monitor them, they apparently were generally freer and 
significantly more transparent than previous elections. This included 
both the 1993 national elections and the country's first regional and 
local elections held in 1996, which were characterized by 
irregularities and fraud. Prior to the elections in March 1998, the 
Senegalese Democratic Party quit the Cabinet. In July 1998, President 
Diouf appointed a 32-member cabinet that included only 1 minister from 
an opposition party. The Government continued to implement 
decentralized regional and local administrations. Sporadic fighting 
continued in the Casamance area in the southern part of the country 
between the Government and the secessionist Movement of Democratic 
Forces in the Casamance (MFDC). In January the Government and the 
leadership of the MFDC began a new peace initiative with a meeting 
between President Diouf and MFDC head Abbe Augustine Diamacoune 
Senghor. The MFDC leadership then held a conference--the ``days of 
reflection''--in Banjul, the Gambia, in June to develop a unified 
position for advancing the peace process. On December 26, the 
Government and MFDC leaders met in the Gambia to begin negotiations on 
the future of the Casamance. During these talks, the two parties agreed 
to an immediate ceasefire in the Casamance. The parties also agreed to 
meet face to face at least once a month to negotiate a peaceful future 
for the region. At year's end, neither side had a concrete proposal to 
bring to the negotiating table; however, the parties developed a 
framework for discussion. The judiciary is independent, but subject in 
practice to government influence and pressure.
    The armed forces are professional and generally disciplined. They 
traditionally remain aloof from politics and are firmly under civilian 
control. The paramilitary gendarmerie and the police are less 
professional and less disciplined. Some members of the security forces, 
the gendarmerie, and the police continued to commit serious human 
rights abuses.
    The country is predominantly agricultural with about 70 percent of 
the labor force engaged in farming. Recorded gross domestic product 
(GDP) per capita is estimated at about $600 a year, but this excludes a 
large informal economy. Since the devaluation of the CFA franc in 1994, 
the Government has implemented a series of economic policy reforms to 
enhance competitiveness by dismantling monopolies, liberalizing 
markets, and privatizing several state-owned industries. Recorded GDP 
per capita has grown at an average rate of between 2 and 3 percent a 
year since 1995. Exports account for about one-third of recorded GDP, 
and are led by fish and fish products, phosphates and fertilizers, 
tourism, and peanuts. The Government continued to receive external 
assistance from international financial institutions and other sources, 
and such assistance represents an important part of the national 
budget.
    The Government respected the rights of its citizens in some areas, 
but its human rights record was marked by serious problems in other 
areas. The Socialist Party's continued domination of political life 
calls into question the extent to which citizens can meaningfully 
exercise their right to change the Government. The ONEL improved 
transparency in the May 1998 legislative elections; however, persistent 
flaws in the electoral system remain. The Government's creation of a 
second legislative chamber, no members of which are to be elected 
directly by the citizenry and one-fifth of the members of which are to 
be appointed by the President, also reduced the ability of citizens to 
change their Government and increased the presidency's domination of 
the State. There were reports that security forces committed 
extrajudicial killings and were responsible for disappearances. Police 
tortured and beat suspects during questioning, and arbitrarily arrested 
and detained persons.
    Prison conditions are poor, and lengthy pretrial detention is a 
problem. The Government rarely tries or punishes members of the 
military, gendarmerie, or police for human rights abuses. The judiciary 
is subject to government influence and pressure and suffers from low 
salaries and insufficient resources. In the past, the police sometimes 
infringed on citizens' privacy rights. There were several instances in 
which the Government limited freedom of assembly. Domestic violence and 
discrimination against women, female genital mutilation, and child 
labor remained problems, although during the year the Government 
enacted important legal reforms to provide greater protection for women 
and children. Mob violence also is a problem.
    Rebel MFDC forces reportedly were responsible for killings and 
torture.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
confirmed reports of political killings by government officials; 
however, government forces reportedly were responsible for 
extrajudicial killings, including some civilian deaths. The incidence 
of violence in the southern Casamance region declined in the first half 
of the year after President Diouf and Abbe Diamacoune, leader of the 
MFDC rebel group, held a meeting in January in the regional capital of 
Ziguinchor to open dialog on a peaceful solution to the conflict. This 
calm continued to be marred by occasional acts of violence allegedly 
carried out by government forces. According to local press reports, on 
April 1, acting on a lead, government security forces stormed a house 
in the town of Thionck Essyl in the department of Bigona in search of 
suspected MFDC members. They shot and killed a young man who was 
fleeing from the house. This same report claimed that the deceased and 
his family had no connection with the separatist rebels.
    In its annual report issued in July, the African Assembly for the 
Defense of Human Rights (RADDHO-a local human rights organization) 
claimed that on June 3, in response to a rocket launch attack by MFDC 
rebels on civilian targets in Ziguinchor, including the airport, 
government security forces took action to locate rebels in the 
surrounding area. During this clean-up operation, the security forces 
killed several persons suspected of rebel activity and also arrested 
several others whose whereabouts are now unknown. The RADDHO report 
further claimed that in a follow-up operation, government security 
forces used artillery fire to dislodge MFDC rebels in the areas of 
Nyassia, Niaguiss, and Mandina Mancagne. In the process, the security 
forces hit civilian targets and killed several civilians (see Section 
1.g.).
    While there were no new reported cases of death caused by civilian 
authorities this year, cases from previous years remained unsolved. In 
December 1997, a child was shot and killed in the Hann area of Dakar 
when police opened fire on a group that was demonstrating against an 
eviction order. In February 1998, police officers from the Thiaroye 
station in Dakar arrested and beat a young man after he tried to flee 
during an identity verification check. The young man died before 
receiving medical care, and the authorities listed the cause of death 
as natural. With the help of RADDHO, families of both of the deceased 
individuals filed legal complaints. According to RADDHO, the 
investigations in both cases still are pending, and in the latter case, 
did not begin until a full year after the death.
    Forces belonging to the MFDC separatist group also were suspected 
of causing civilian deaths during the year. In a report on the 
Casamance published in June, Amnesty International (AI) charged that 
the MFDC rebels committed killings and torture of dozens of civilians. 
According to AI, MFDC guerillas, who belong mainly to the Diola ethnic 
group, occasionally targeted members of other ethnic groups, such as 
the Mandingo, Balante, Manjak, and Mancagne, whom they viewed as 
unsympathetic to their cause. AI also charged that MFDC shelling killed 
civilians (see Section 1.g.). According to AI, the MFDC also executed 
government security forces it had taken prisoner.
    In January three members of the MFDC allegedly attacked several 
persons in Gambissara, killing a Mauritanian merchant and his son.
    In its annual report, AI reported that in February MFDC rebels 
killed seven fishermen in the village of Saloulou and, in a separate 
incident, killed six persons in the village of Singuere. In both cases 
the rebels allegedly killed the villagers because of their support for 
government authorities.
    MFDC rebels allegedly shelled civilian targets between April and 
June, injuring 11 persons and killing 6 (see Section 1.g.).
    In a February 1998 report, AI alleged that several mass graves for 
victims of extrajudicial killings exist in Niaguis and at Niamalang 
bridge. According to AI, an unknown number of civilians have been 
killed by civilian authorities or soldiers and have been buried 
secretly in these mass graves since the early 1990's. There has been no 
independent confirmation of these allegations.
    On many occasions vigilante groups and mobs lynched suspected 
thieves. According to press reports quoting a government official, 
vigilante violence increased during the year. In July alone, the 
Government recorded 30 cases of mob violence against suspected thieves 
in Dakar. During the year there was also at least 1 credible report of 
the use of ``necklace punishment,'' whereby a gasoline filled tire was 
put over the head of the mob's victim and set on fire. This and other 
types of mob violence generally remain unpunished.
    b. Disappearance.--There were no reports of politically motivated 
disappearances during the year. However, there were several credible 
reports of disappearances in connection with the conflict in the 
Casamance. In its 1999 annual report, RADDHO accused security forces of 
responsibility for the disappearance of seven civilians in June after a 
military clean-up operation following a rebel mortar attack in 
Ziguinchor (see Section 1.a.).
    RADDHO also alleged that following fighting in the Casamance in 
April, the military rounded up 15 suspected MFDC rebels and detained 
them for several days. Most of the suspected rebels were released after 
4 days; however, three persons remained unaccounted for at year's end 
(see Sections 1.c. and 1.d.).
    In September a group of Casamance professionals helped family 
members of two missing individuals file legal complaints against 
security forces for abduction. According to the complaint, on July 18, 
security forces took a young man, Alexis Etienne Diatta, from his house 
in the Tile central area of Ziguinchor. The abduction was witnessed by 
his father, who was beaten when he tried to stop it. The father claims 
that a military authority told him that Alexis was taken for having 
treated rebels in his job with the Red Cross. On August 4, a group of 
soldiers allegedly abducted Jean Diandy and Gaston Sagna. According to 
Sagna, who was released shortly thereafter, the soldiers took Diandy to 
the military camp in Ziguinchor. The families of both Diatta and Diandy 
reported the disappearances to civilian authorities, who were 
unsuccessful in finding any trace of either person. Government 
investigations into both disappearances reportedly are underway.
    RADDHO also alleged that government security forces abducted two 
civilians in September and December 1998 respectively. Their 
whereabouts remain unresolved.
    Disappearances reported in previous years by RADDHO and AI remain 
unresolved.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--There are credible reports that police and gendarmes often 
beat suspects during questioning and pretrial detention, in spite of 
constitutional prohibitions against such treatment. The press 
repeatedly reported instances of torture perpetrated by police, usually 
beatings, and the problem remained a serious public concern. The 1999 
AI report charged that security forces committed torture in the 
Casamance in 1998 (see Section 1.a).
    On March 7 and 15, police officials forcibly dispersed unauthorized 
student demonstrators who were calling for more government scholarships 
from the campus of Dakar University. According to press reports and 
student witnesses, after breaking up the demonstrations police stormed 
student dormitories, beat up the occupants, and smashed windows and 
other property (see Sections 2.a. and 2.b.).
    In June police forcibly dispersed a demonstration by opposition 
political parties and slightly injured an opposition leader (see 
Section 2.b.).
    According to RADDHO, prison officials beat at least some of the 15 
suspected MFDC rebels who were detained by police after fighting broke 
out in the Casamance in April (see Sections 1.b. and 1.d.).
    Government action to resolve the October 1998 case of alleged 
rough, abusive, and inhuman treatment of RADDHO's Casamance regional 
office head, Ankilling Diabone, by security forces remained pending 
during the year. According to RADDHO, the Government opened an 
investigation that it could not complete without interviewing Diabone, 
who went to France and has declined to return.
    Despite stronger legal provisions against torture put in place in 
1997, the Government rarely undertakes investigations or prosecutes 
officials allegedly responsible for such acts. Those cases that are 
pursued often take years before final judgment is reached. There has 
been no progress in the case of the two police officers arrested in 
1996 for torturing a suspect by spraying paint thinner on his buttocks 
and setting him on fire.
    The special AI report on the Casamance issued in June charged the 
MFDC with beatings and other acts of violence against civilians. 
According to AI, dozens of civilians, including women and children were 
killed, tortured, and subjected to inhuman treatment by the MFDC.
    Prison conditions are poor. Prisons remain overcrowded, and food 
and health care are inadequate. However, there have been no reports of 
deaths in prison as a result of these conditions.
    The Government permits prison visits by independent human rights 
monitors. Local human rights groups such as RADDHO, the National 
Organization for Human Rights (ONDH), and the International Prison 
Observatory sometimes visit prisons.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention; however, the authorities at 
times violate these constitutional prohibitions.
    The law specifies that warrants, issued by judges, are required for 
arrests. However, laws also grant the police broad powers to detain 
prisoners for lengthy periods. Police officers may hold without charge 
a person suspected of a crime for 48 hours after arrest and for up to 
96 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 to forward the case to an investigating judge who may 
open an investigation. At this point, the suspects are charged 
preliminarily and may be held or released on their own recognizance. 
There is a system of bail, but it rarely is used. During the initial 48 
hours of detention the accused has no access to family or an attorney, 
but has the right to demand a medical exam. Government-sponsored 
legislation passed in January enhanced the rights of the accused by 
according the right to an attorney after this initial period of 
detention. Previously this right was accorded only after formal charges 
were filed. The accused may be held in custody for 6 months, and the 
investigating magistrate can certify that an additional 6-month 
extension is required. Such extensions may be reviewed by a court on 
appeal. The new legislation also gave judges the right to order release 
pending trial without the prosecutor's consent.
    Police rarely are prosecuted for violations of arrest and detention 
procedures, and the authorities may detain a prisoner for long periods 
of time while they investigate and build a case against a suspect. The 
authorities routinely hold prisoners in custody unless and until a 
court demands their release. Despite the 6-month limitation on 
detention, the time between the charging phase and trial averages 2 
years. In a 1998 effort to improve the administration of justice the 
Government recruited 48 law school graduates to be trained as 
magistrates over a 2-year period.
    On April 8, military personnel arrested three soldiers who 
participated in a demonstration several days earlier protesting the 
Government's failure to pay them for their recent military service in 
the Central African Republic (see Section 2.b.).
    Following fighting in the Casamance in late April, the military 
rounded up 15 persons with Diola names on suspicion of involvement with 
the MFDC. All but three of these prisoners were released within 4 days; 
however, three remained unaccounted for at year's end (see Sections 
1.b. and 1.c.).
    A July 1998 work-to-rule strike by electrical union workers that 
caused severe power outages resulted in charges of sabotage against the 
union and the arrests of union leader Mademba Sock and 26 other 
persons. They were held incommunicado for 3 days and detained for 5 
days without charges. A subsequent trial resulted in a judge sentencing 
Sock and one of his aides to 6 months' imprisonment for conspiracy to 
disrupt law and order, but dismissing charges against 25 others after 
they had been detained for 5 months. Sock and the aide appealed their 
convictions after the sentence handed down by the lower court had been 
served almost fully. The Court of Appeals upheld the conviction. Sock 
and the aide were released in January after serving their 6-month 
sentences.
    On February 12, the Government released 123 suspected MFDC members 
who had been detained in Dakar, Ziguinchor, and Kolda without trial, 
some for several years, on grounds of compromising or plotting against 
the security of the State. The courts ordered their release following 
the January meeting between President Diouf and MFDC leader Abbe 
Diamacoune, which was thebeginning of an effort to establish a peace 
process in the Casamance. The MFDC had demanded the release of all 
political detainees in connection with the Casamance conflict as a 
condition for dialog. According to an AI report issued in June, 110 
suspected MFDC rebels remained without trial in prisons throughout the 
country; however, on December 30 the Government released 44 persons who 
had been detained in connection with the Casamance conflict.
    In January the National Assembly passed legislation to eliminate 
the law that held ``acts or maneuvers aimed at casting discredit on 
government institutions'' as criminal offenses punishable by 
imprisonment of 3 to 5 years and a fine of up to $2,500 (1.5 million 
CFA francs). Legal experts considered this provision to be a legal 
instrument that the Government could use to jail political dissenters. 
On a few occasions in the past the Government had jailed opposition 
leaders under this provision, apparently on the basis of their 
political activities.
    The Constitution prohibits exile, and it is not used.
    e. Denial of Fair Public Trial.--The Constitution provides for a 
judiciary independent of the executive, the legislature, and the armed 
forces; however, magistrates are vulnerable to outside pressures due to 
low pay, poor working conditions, and family and political ties. Also, 
the Minister of Justice and subordinate authorities have extensive 
authority to influence judicial procedures by keeping the accused in 
pretrial detention.
    The legal system is based on French civil law and is composed of 
ordinary courts and a number of higher and special courts, including 
the three created in May 1992 to replace the Supreme Court: The Council 
of State for Administrative Questions; the Constitutional Council; and 
the Court of Final Appeal. These courts remain understaffed, and many 
of the special courts, including one to deal with unlawful enrichment 
and others to try government officials for treason and malfeasance, are 
dormant. Muslims have the right to choose customary law or civil law 
for certain civil cases, such as those concerning inheritance and 
divorce. However, customary law decisions are rendered by civil court 
judges. There is a separate system of military courts for members of 
the armed forces and the gendarmerie. The right of appeal exists in all 
courts except military courts and the special Unlawful Enrichment 
Court. Military courts may try civilians only if they are involved in 
violations of military law committed by military personnel.
    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. Trials are public, and defendants have the right 
to be present in court, to confront witnesses, to present evidence, and 
to have an attorney. However, some defendants are denied legal 
assistance at public expense due to a lack of funding. Evidentiary 
hearings may be closed to the public and the press, but the defendant 
and his lawyer have access to all evidence presented and may introduce 
their own evidence before the investigating judge decides to refer the 
case to the prosecutor for trial. A panel of judges presides over 
ordinary courts for both civil and criminal cases; in criminal cases 
citizens also serve on the panel.
    There were no reports of political prisoners at year's end. In 
March a court in Dakar sentenced Talla Sylla, leader of the Jeff Jel 
opposition party, to 6 months in jail for having insulted the Head of 
State. Two other charges, inciting insurgency and spreading false news, 
were dropped. Sylla had been arrested and jailed in 1998 after telling 
a political rally that ``the Socialist Party is led by Abdou Diouf 
whose policies are criminal and detrimental to the survival of our 
people.'' Sylla was released shortly after sentencing due to the length 
of his pretrial detention.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits arbitrary invasion of the 
home, and there was little government interference in the private lives 
of citizens. The law requires search warrants, and only judges may 
issue them. However, in past years, during high-profile or politically 
charged investigations, police often proceeded without the required 
search warrants. There were no reports of this during the year.
    There were no reports that government officials monitored mail or 
telephone communications without judicial authorization.
    MFDC rebels sought to collect supplies and money from civilians.
    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--RADDHO reported in July that government security 
forces hit civilian targets with artillery fire and killed several 
civilians (see Section 1.a.).
    According to RADDHO, MFDC rebels fired rockets at civilian targets 
in Ziguinchor in June (see Section 1.a.).
    MFDC rebels allegedly shelled civilian targets between April and 
June, killing 6 and injuring 11 civilians (see Section 1.a.).
    In its annual report published in July, RADDHO alleged that MFDC 
rebels were responsible for the widespread and indiscriminate use of 
land mines in the Casamance. According to RADDHO the rebels planted the 
mines in an effort to terrorize both the government security forces and 
the civilian population. Although it was difficult to determine the 
extent of their use in the Casamance, RADDHO claimed that up to 80 
percent of the arable land in the areas of Ziguinchor, Sedhiou, 
Oussouy, and Bignona were unusable due to the land mines. RADDHO also 
estimated that between 1997 and 1998 land mines killed and injured some 
500 civilians in the Casamance.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects these rights in practice. Laws prohibit the press from the 
expression of views that ``discredit'' the State, incite the population 
to disorder, or disseminate ``false news.'' In 1997 the Dakar 
Prosecutor General charged the publisher and three journalists of Sud 
Quotidien, a privately owned daily newspaper, with ``disseminating 
false news'' and ``insulting the Head of State.'' The paper had 
criticized President Diouf for attempting to influence the judiciary by 
holding a nationally televised awards ceremony to honor two businessmen 
5 days before the Court of Appeals was due to return its decision on a 
defamation case those businessmen had brought against the newspaper's 
parent company, Sud Communication. This defamation suit resulted in a 
fine of $800,000 (500,000,000 CFA francs), which was upheld in June by 
the final Court of Appeals. However, neither the plaintiff nor the 
Government made any effort to enforce this decision. The separate but 
related criminal case against the three Sud Communication journalists 
still was pending trial, and the three accused remained free on bail.
    A broad spectrum of thought and opinion is available to the public 
through regularly published magazines and newspapers, including foreign 
publications. Political and economic views expressed in the independent 
press often are critical of the Government and its programs. While 
publishers are required to register prior to starting publication, the 
Government routinely approves such registrations.
    Radio, being relatively inexpensive, remained the most important 
medium of mass information and the main source of news for citizens 
outside urban areas. Five privately owned radio stations broadcast 
within the country; of these, four are owned by citizens of the 
country. There are also three international stations that rebroadcast 
within the country. In January a new independent station in Dakar, 7 
FM, began broadcasting nationwide. Another independent and locally 
owned station, Diamono, began broadcasting in the Dakar region only, 
along with two community-owned radio stations in Pikine and Keur Momar 
Sarr. All of the locally owned stations broadcast national news and 
political commentary. Some of them often were critical of the 
Government, and no harassment was reported. Prior to December, the 
state radio and television company retained a monopoly in the 
allocation of frequencies and licensing of private radio stations, and 
independent stations had to pay fees to the state company, which 
infringed on the principle of free competition. However, in December 
the Government transferred this authority from the state company to an 
independent agency.
    A government monopoly controls local television, an important 
source of news. While there are no privately owned domestic television 
stations, French-owned pay television is available but offers no local 
news.
    On August 1, in the city of Thies, some followers of a local 
Islamic leader belonging to the Mouride Brotherhood set fire to the 
bedroom of the local correspondent of a Dakar-based daily newspaper. 
They allegedly were angry over an article that the journalist had 
written that was published on July 30. The article reported that the 
religious leaders had initiated a failed mediation between two rival 
local leaders of the ruling Socialist Party. While the Government 
opened an investigation, there were no arrests or criminal charges 
brought against those responsible. The journalist initially pressed 
civil charges butlater withdrew them after reportedly reaching an out-
of-court settlement.
    At year's end, at least seven Internet service providers operated 
in the country. The Government did not restrict access to the Internet. 
A personal account with unlimited access time cost about $18 (10,000 
CFA francs) per month. Several cybercafes in the capital city, Dakar, 
provided short-term access to the Internet that was used by many 
persons unable to afford personal accounts.
    Academic freedom is generally respected. However, student meetings 
on part of the campus of the University of Dakar are banned informally 
(see Section 2.b.), ostensibly to prevent militant student groups from 
disrupting classes and studies. In March on two occasions, police 
forcibly dispersed, and destroyed the property of, students 
demonstrating on the campus of Dakar University in favor of increased 
scholarships (see Sections 1.c. and 2.b.). In December police personnel 
also forcibly dispersed similar protests by students demanding 
immediate payment of scholarships (see Section 2.b.).
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of peaceful assembly, and while the Government 
generally respected this provision in practice, there were several 
instances in which the Government limited this right. The Government 
requires prior authorization for public demonstrations, which it 
usually grants. Meetings by students on the academic campus of the 
University of Dakar are banned informally, but this prohibition does 
not extend to the dormitory areas of the campus.
    In March and December police officials forcibly dispersed two 
unauthorized student demonstrations (see Sections 1.c. and 2.a).
    In April between 40 and 50 recently returned from duty with 
MINURCA, the U.N. multinational peacekeeping force in the Central 
African Republic, barricaded one of Dakar's main thoroughfares, 
bringing traffic to a halt for 3 hours; the soldiers demanded payment 
of the allowances to which they were entitled for their military 
service in MINURCA. Several days later, military police agents arrested 
three soldiers who participated in this protest (see Section 1.d.).
    During the year, the Government frequently denied authorization for 
public demonstrations by unions or political parties. On February 3, 
police dispersed a sit-in at the Ministry of Communication organized by 
the National Journalists' Union (SYNPICS). The leadership of SYNPICS 
claimed that it had complied with all legal procedures for holding the 
demonstration. On June 30, police forcibly dispersed a demonstration 
organized by opposition political parties to demand the resignation of 
the newly appointed president of the National Observatory of Elections. 
Police detained and subsequently released four opposition leaders, 
including members of the National Assembly, slightly injuring one of 
them.
    The Constitution provides for the right of association, and the 
Government generally respects this provision in practice. Citizens who 
wish to form associations must register with the Ministry of Interior. 
Business-related associations register with the Ministry of Commerce. 
By law and in practice, the Ministry of Interior must register such 
groups as long as the objectives of the association are stated clearly 
and they do not violate the law.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respects them in practice. Some 
public employees, including teachers, are required by law to obtain 
government approval before departing the country, although this is not 
regularly enforced in practice.
    At times, usually during sweeps for MFDC rebels, the security 
forces temporarily restricted access to the Casamance region or areas 
within it. The security forces also regularly maintained checkpoints in 
the Ziguinchor region to screen for MFDC rebels and arms transports. 
Security forces generally allowed travelers to proceed after checking 
documents and searching vehicles.
    In January after President Diouf's meeting in Ziguinchor with the 
MFDC leader Abbe Diamacoune, the Government announced that it had 
lifted controls on his movement, although it continued to provide him 
with a close security escort, stating that it was for his own 
protection. In June the Government allowed Abbe Diamacoune and other 
members of the MFDC rebels to travel unhindered to Banjulin the Gambia 
for a conference-the ``days of reflection''-on the peace process in the 
Casamance. At that conference, the MFDC set out as one of its 
preconditions for a continued dialog with the Government the 
unrestricted movement of its leader. In July the Minister of Interior 
met with Abbe Diamacoune in Ziguinchor and presented him with a valid 
Senegalese identity card and passport. In late July, Abbe Diamacoune 
again traveled to Banjul to meet with MFDC military leaders.
    The law includes provisions for granting refugee or asylee status 
in accordance with the provisions of the 1951 U.N. Convention Relating 
to the Status of Refugees and its 1967 Protocol. Since 1989 as a 
country of first asylum, Senegal has hosted Mauritanian refugees. The 
Government cooperates with the UNHCR and other humanitarian 
organizations in providing assistance for refugees. The UNHCR reported 
no significant protection problems for these refugees. While no formal 
repatriation agreement exists with the UNHCR, the two governments have 
cooperated to permit repatriation for several years. As a result, the 
UNHCR terminated its assistance programs for Mauritanian refugees at 
the end of 1998, although it continued to provide protection services. 
The Mauritanian refugees generally live in dispersed locations along 
the length of the Sengalese-Mauritanian border and are allowed free 
movement within Senegal. However, most of these refugees are unable to 
obtain current refugee documents from the authorities and sometimes 
encounter administrative difficulties when using their expired refugee 
application receipts issued in 1989. Due to the lack of a formal and 
supervised repatriation, and in the absence of an up-to-date 
registration program, the exact number of remaining Mauritanian 
refugees is difficult to establish. The UNHCR estimates that under 
30,000 remain in the country.
    In June 1998, following the military rebellion in Guinea-Bissau, 
the country accepted up to 2,000 refugees, approximately 700 of whom 
the Government housed in a camp in Thies with the support of the UNHCR. 
After a coup d'etat brought an end to a standoff in that conflict in 
May, the UNHCR closed the camp and organized a repatriation, which 
returned over 800 refugees from Guinea-Bissau to their country. Others 
returned on their own, while several hundred chose to remain in 
Senegal, living with relatives or on their own.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the constitutional right to change their Government 
through periodic multiparty elections; however, the Socialist Party's 
domination of political life--it has held power since independence--and 
irregularities and fraud in elections have called into question the 
extent to which citizens can meaningfully exercise this right. The 
Government's creation of a second legislative chamber, no members of 
which are to be directly elected by the people and one-fifth of the 
members of which are to be appointed by the President, further reduced 
the ability of citizens to change their Government and increased the 
presidency's domination of the State.
    In 1998 the National Assembly passed legislation proposed by the 
Government to increase its membership from 120 to 140 in order to 
equalize the number of deputies elected by simple majority vote in the 
districts and by proportional representation nationwide. In the May 
1998 parliamentary elections, the ruling PS received 50.1 percent of 
the votes cast and secured 93 of the 140 seats. There are 35 legally 
registered parties. The 32-member Cabinet that President Diouf 
appointed in July 1998 included only 1 minor opposition leader.
    Also in 1998, the National Assembly passed a bill that created a 
second legislative chamber, a 60-member Senate. Forty-five of its 
members are elected by an electoral college on the basis of dual 
proportional and majority systems and regional slates. The electoral 
college has 13,920 members consisting of elected local government 
officials and members of the National Assembly. The President appoints 
12 members of the Senate and the remaining 3 are elected from slates 
representing several associations of expatriate Senegalese. Most major 
opposition parties decided to boycott the first Senate election held in 
January under this electoral system because the ruling party's 
domination of elected local and regional offices gave opposition 
parties little chance of winning Senate seats. With the exception of 
two minor party members who filled an appointed seat, the new Senate, 
inaugurated in February, is entirely made up of PS members.
    In 1997 the Government created the National Observatory of 
Elections to supervise and oversee elections. The ONEL was established 
as a temporary, independent oversight body empowered to order 
bureaucrats to obey the law and to take legal action against 
individuals and parties who violated it. The Interior Ministry remains 
responsible for the actual organization andimplementation of the 
elections, which is done through a directorate of elections. The ONEL 
significantly improved the level of transparency of the May 1998 
National Assembly elections, despite persistent flaws in the system. 
The Government disbanded the ONEL after its mandate expired with the 
submission of its final postelection report to President Diouf. This 
comprehensive report identified areas for improvement to make the 
process more transparent, including an overhaul of the elections rolls 
and better control over the activities of the commissions responsible 
for voter registration and distribution of voter cards. The Government 
and opposition parties agreed to revise the election rolls but 
continued to disagree on proper procedures. Constitution of the 
election rolls in preparation for the presidential elections in 
February 2000 continued to generate political controversy during the 
year.
    In April President Diouf established a new ONEL as required by the 
election law and appointed a retired army general as its president. The 
major opposition parties opposed this appointment, alleging in a legal 
complaint brought before the Council of State that President Diouf had 
violated the election law, which excludes from membership in the ONEL 
members of groups supporting, or direct relatives of, at least one 
candidate in the election. The opposition claimed that the general 
headed a group organized to support the reelection of President Diouf. 
After several months of legal proceedings and contentious public 
debate, the general, who denied membership in the group, resigned 
before the Council of State issued its legal ruling in the case. 
President Diouf subsequently appointed another ONEL president, Louis 
Pereira De Carvahlo, who was sworn in on July 30.
    During the year, the ONEL investigated and took legal action in 
several highly publicized cases of document fraud related to the voter 
registration process. Due to the existence of the ONEL, the Government 
more stringently enforced the section of the electoral code governing 
the distribution of voter cards. The electoral code requires each 
person to pick up a voter card. However, this section of the code was 
not always enforced; in practice third parties were allowed to pick up 
voter cards, and they sometimes did not distribute them to the proper 
voter. At year's end, voters are required to pick up their own voter 
cards at sites that are monitored by members of ONEL and the political 
parties.
    In December the ruling PS Government proposed introducing 
legislation that would amend the electoral code. The proposed changes 
would halt distribution of voter cards 48 hours prior to election day 
and would decrease the number of monitors present at each polling 
station. Due to strong opposition to these proposals, the Government 
had not yet introduced this legislation at year's end.
    In 1996 the PS won control of all 10 regional governments and many 
local governments in the country's first subnational level elections, 
which were marked by credible allegations of widespread fraud and 
procedural irregularities, gerrymandering, illegal fundraising, and 
voter list manipulations. Due in part to the flaws in these elections, 
the Government's decentralization program has had limited success in 
defusing the secessionist rebellion in the Casamance region (see 
Section 5), which continued to give rise to many abuses (see Sections 
1.a. and 1.c.). Officials chosen in these widely flawed elections also 
made up the bulk of the 13,920-member Electoral College that chose most 
members of the newly created Senate in January.
    Elections are held by balloting that is described officially as 
secret but may permit voters to leave the polling place with evidence 
of how they voted. At polling places on election day, registered 
citizens receive a package of ballot papers, one for each candidate. 
Each citizen votes by depositing into a sealed ballot box, alone inside 
a closed booth, an envelope containing one of these ballots. In the 
same booth, a trash receptacle is provided in which the voter may 
privately dispose of the unused ballots; however, polling officials 
cannot readily ensure that this is done. Nevertheless, despite apparent 
potential for abuse, this balloting system has not been the subject of 
complaints or reports of abuse in recent elections.
    Women are underrepresented in the political process. While there 
are no legal impediments to their participation in government and 
politics, cultural and educational factors hamper them. In addition 
political parties often rank women low on party lists, making it 
difficult for them to be elected to the National Assembly or to be 
appointed ministers. Only 5 of the 32 ministers in the President's 
Cabinet are women, and there are only 2 women in the 19-member Economic 
and Social Council, the Government's policymaking body. During the 
year, a woman, Marieme Wane Ly, formed and headed a political party. In 
the past, no women headed political parties. Only 18 female deputies 
hold seats in the 140-member National Assembly. There are only 10 women 
in the newly elected 60-seat Senate. Women's lower representation 
reflects not only a disparity in education (see Section 5) but also 
cultural factors.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of human rights groups operate without government 
restriction, investigating and publishing their findings on human 
rights cases. Government officials generally are cooperative and 
receptive to their views.
    In the most recent national elections in May 1998, the Government 
declined offers of organizational and monitoring assistance from 
international organizations.
    In 1997 the Government enacted a law to strengthen the National 
Committee on Human Rights. The Committee includes members from the 
Government and civic organizations, including private human rights 
groups. It may on its own initiative investigate human rights abuses, 
including torture, but it did not investigate any cases of abuse during 
the year.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution states that ``men and women shall be equal in 
law'' and prohibits discrimination based on race, religion, sex, class, 
or language. However, discrimination against women is pervasive, and 
the Government frequently does not enforce antidiscrimination laws.
    Women.--There are credible reports that violence against women, 
usually wife beating, is common. Several women's groups have formed to 
address this problem. Police usually do not intervene in domestic 
disputes, and most people are reluctant to go outside the family for 
redress. In contrast, the law and society view rape as a very serious 
crime, and the law stipulates that persons convicted of rape may be 
imprisoned for up to 10 years. If the victim is a minor, her age is 
considered an aggravating circumstance. Rape trials often result in 
convictions. In January the Government passed legislation amending the 
criminal law to make sexual harassment a crime punishable by 
imprisonment of up to 3 years and a fine of $88 (500,000 CFA francs). 
The legislation also increased the potential fine to $833 (500,000 CFA 
francs) and the length of imprisonment for domestic violence to 5 
years.
    Despite constitutional protections, women face extensive societal 
discrimination, especially in rural areas where Islamic and traditional 
customs, including polygyny and Islamic rules of inheritance, are 
strongest, and women generally are confined to traditional roles. By 
law, women have the right to choose when and whom they marry; however, 
in some areas, traditional practice can restrict a woman's choice. 
There is no minimum age of consent to marry, marriages are sometimes 
arranged in some communities, and in polygynous unions women do not 
have the right of notification or approval prior to a subsequent 
marriage. In the countryside, women perform much of the subsistence 
farming and child rearing and have limited educational opportunities. 
Although the Government has committed itself to equalizing male and 
female primary school enrollment, there is still much social and 
official discrimination against women in educational opportunities. 
Only 23 percent of females over 15 years of age are literate, while the 
rate for males over age 15 is 43 percent.
    It is estimated that only 20 percent of women are engaged in paid 
employment. Moreover, traditional practices make it difficult for women 
to obtain bank credit. Due to the fact that legally men are considered 
heads of household, women pay higher taxes than men for equal wages and 
employers pay child allowances to men and not women. Women usually 
marry young (the majority by age 16 in rural areas) and average 5.7 
live births (down from 7 in 1995). About half of all women live in 
polygynous unions.
    In urban areas, women encounter somewhat less discrimination and 
are active in government, political life, the legal profession, and 
business. About 14 percent of lawyers are women. Urban women are more 
likely to take advantage of the Government's efforts to increase 
respect for women's legal rights to divorce, alimony, and child 
support, and to seek education and employment. In general urban women 
receive equal pay for equal work.
    In September 1998 the Ministry of Family, Social Action, and 
National Solidarity announced plans to create a national center for 
women's rights. The decision arose from a ministry-sponsored workshop 
on the promotion of the legal status of women and elimination of all 
forms of discrimination. The Observatoire National des Droits de la 
Femme (ONDF), as the center is to be called, has as its mandate the 
``control, protection, and promotion of the status of women and girls; 
information, education, and awareness.'' It is to have members from 
both the Government and civil society.
    Children.--The Ministry of Family, Social Action, and National 
Solidarity, established in 1990 (formerly the Ministry of Women, 
Children, and the Family, and renamed in 1998), is responsible for 
promoting children's welfare. Numerous organizations assist the 
Ministry in support of children's rights, including the Ministry of 
Health, which maintained a nationwide effort focusing on child 
survival. The Government continues to increase the number of classrooms 
and encourage more children, particularly females, to enter and stay in 
school. The law requires that children attend school until age 12, but 
this is not enforced due to a shortage of schools. Organized street 
begging by children who are Koranic students results in a significant 
interruption of their education, and many children work in their 
family's fields (see Section 6.d.).
    In January the Government passed legislation banning the practice 
of female genital mutilation (FGM), which is widely condemned by 
international health experts as damaging to both physical and 
psychological health. The law made FGM a criminal offense carrying a 
jail term ranging from 6 months to 5 years for persons directly 
practicing FGM or ordering it to be caried out on a third person. Most 
human rights organizations considered the law to be a decisive step 
towards greater protection of women. However, a few women's rights 
activists criticized the new legislation because they perceived it as 
being dictated by Western donors. A few Muslim religious leaders also 
criticized the law because they consider FGM to be a religious 
practice. While the Government sponsors programs to educate women 
regarding the dangers of FGM, other critics of the new law contended 
that these programs should have been more widespread prior to 
implementation of the ban. On July 27, the public prosecutor in 
Tambacounda ordered the arrest of the grandmother and mother of a 5-
year-old girl following a complaint filed by the girl's father alleging 
that the two women had ordered FGM performed on his daughter. The FGM 
practitioner also was charged.
    FGM is not practiced by the country's largest ethnic group, the 
Wolofs (representing 43 percent of the population), but it is performed 
on girls belonging to some other ethnic groups. Infibulation, the most 
extreme and dangerous form of FGM, is practiced by members of 
Toucouleur and Peulh ethnic groups, particularly those in rural areas. 
Unsubstantiated recent studies estimate that between 5 and 20 percent 
of girls undergo the procedure.
    In January the Government passed a law mandating longer jail terms 
of up to 10 years for convicted pedophiles.
    People With Disabilities.--There are no laws that mandate 
accessibility for the disabled, and in practice most persons with 
disabilities are generally unable to participate in many occupations 
due to physical barriers and a lack of equipment and training 
opportunities that would make such participation possible.
    National/Racial/Ethnic Minorities.--The country is ethnically 
diverse. The largest ethnic groups are the Wolof (more than 40 percent 
of the country's population), the Pular (also called Peuhl or Fulani, 
nearly 25 percent), and the Serer (more than 15 percent). Other smaller 
groups include the Diola, Mandink, and Soninke. Each group has its own 
primary language although French and Wolof are widely used as secondary 
languages. While general regions of origin can be identified for most 
ethnic groups, these regional separations are no longer distinct.
    In most of the country, ethnic and regional tensions have not 
contributed significantly to recent human rights abuses, and opposition 
to the Government has generally taken the form of nonviolent political 
parties that have not had readily identifiable ethnic or regional 
bases. This has not been true in the Casamance region, the part of the 
country to the south of The Gambia. Casamance is substantially less 
arid, less Islamic, and less Wolof than the rest of the country to the 
north of The Gambia. Resentment on the part of Casamance groups 
including the Diola of domination by northerners including the Wolof 
reportedly has contributed significantly to the secessionist MFDC 
rebellion in the Casamance region, which began in 1982 and has 
continued to give rise to many human rights abuses (see Sections 1.a. 
and 1.c.). Flaws in the country's first local and regional elections, 
held in 1996, have reduced the effectiveness of the Government's 
ongoing decentralization program in accommodating aspirations for 
greater regional and ethnic autonomy.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and the Labor Code 
provide all workers with the right of association, and they are free to 
form or join unions.
    Any group of workers in the same occupation, similar trades, or the 
same professions may form a union. While the Ministry does not always 
grant initial recognition to a union, once it gives recognition, the 
Ministry virtually never withdraws it. However, the Government may 
disband a union if its activities deviate from its charter. The Labor 
Code does not apply to the informal and agricultural sectors where most 
persons work.
    Although 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 4 million is almost 
totally unionized. The only union in the agrarian sector is one 
representing workers at a privately owned sugar company. Some farmers 
are organized into the National Farming Association, an advocacy 
organization.
    The National Confederation of Senegalese Workers (CNTS), the 
largest union organization, has close ties to the ruling Socialist 
Party, and union members hold a considerable number of government 
positions. One is a PS minister, and several others hold PS seats in 
the Assembly. While ostensibly an independent organization, the 
umbrella CNTS consistently supports 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 formed by electrical workers, 
telecommunication workers, teachers, water technicians, and hospital, 
railroad, and sugar workers.
    The Constitution and the Labor Code provide for the right to 
strike, but with restrictions. Unions representing members of the civil 
service must notify the Government of their intent to strike no less 
than 1 month in advance, and private sector unions must make a similar 
notification 3 days in advance. The Government or the employer can use 
the time to seek a settlement to the dispute but cannot stop the 
strike. There were numerous legal strikes during the year. In late 
June, a loose confederation of nine trade unions called the country's 
first nationwide strike since 1993. Workers demanded a salary increase, 
lower taxes, and the creation of a national health fund. The 2-day 
strike was peaceful and the Government acceded to most of the workers' 
demands. Regulations prohibit employers from retaliating against legal 
strikes, and these regulations are enforced through the labor court.
    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.
    b. The Right to Organize and Bargain Collectively.--The law 
provides unions with the right 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 prevented from exercising the right to 
organize and bargain collectively. The Ministry of Labor can intervene 
in disputes between labor and management if requested, and it plays a 
mediation role in the private and state enterprise sectors.
    Labor laws apply to all industrial firms including those in the 
Dakar industrial free trade zone.
    c. Prohibition of Forced or Compulsory Labor.--There were no 
reports of forced labor, which is prohibited by law. The Constitution 
prohibits child labor of all kinds, and the Government enforces this 
ban in the formal sector. There is no evidence that forced or bonded 
child labor takes place in the informal or agricultural sectors.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution bans child labor of all kinds, and the 
Government enforces this ban in the formal sector, which is under the 
purview of the labor law. There is no evidence that forced or bonded 
child labor takes place in the informal or agricultural sectors (see 
Section 6.c.). However, instead of attending school, many children work 
in their family's fields.
    The minimum age for employment is 16 years for apprenticeships and 
18 for all other types of work. Inspectors from the Ministry of Labor 
closely monitor and enforce these restrictions within the small formal 
wage sector, which includes state-owned corporations, large private 
enterprises, and cooperatives. However, children under the age of 16 
frequently work in the much larger traditional or informal sectors, 
such as family farms inrural areas or in small businesses, where the 
Government does not enforce minimum age and other workplace 
regulations.
    e. Acceptable Conditions of Work.--Legislation mandating a monthly 
minimum wage has been in force since the country's independence in 
1960. The Ministries of Labor and Finance determine wage rates after 
negotiating with the unions and management councils. As a result of 
negotiations held in September, the minimum wage increased by 7 
percent. At $0.37 (223.7 CFA francs) per hour it is still not adequate 
to provide a decent standard of living for a worker and family.
    Within the formal sector, the law mandates a standard workweek of 
40 to 48 hours for most occupations, with at least one 24-hour rest 
period and 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 and are supervised by inspectors from the Ministry of Labor. 
However, enforcement is uneven, especially outside the formal sector.
    There is no explicit legal protection for workers who file 
complaints about unsafe conditions. While there are legal regulations 
concerning workplace safety, government officials often do not enforce 
them. In theory workers have the right to remove themselves from unsafe 
working conditions, but in practice the right seldom is exercised in 
circumstances of high unemployment and a slow legal system.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons, and there were no reports that persons were trafficked in, to, 
or from the country.
                                 ______
                                 

                               SEYCHELLES

    President France Albert Rene and the Seychelles People's 
Progressive Front (SPPF) have governed since a 1977 military coup. In 
the 1990's, the SPPF guided the country's return to a multiparty 
political system, which culminated in 1993 in the country's first free 
and fair presidential and parliamentary elections since 1977. President 
Rene and the SPPF won in 1993 and again in 1998 elections. In 1998 Rene 
was reelected president with 67 percent of the ballots cast. The SPPF 
won 30 of the 34 National Assembly seats, 24 by direct election and 6 
by proportional representation. The President and the SPPF dominate the 
country through a pervasive system of political patronage and control 
over government jobs, contracts, and resources. The judiciary is 
subject to executive interference.
    The President has complete control over the security apparatus, 
which includes a national guard force, the army, the Presidential 
Protection Unit, the coast guard, the marines, and the police. There is 
also an armed paramilitary Police Mobile Unit. Security forces on 
occasion were responsible for some human rights abuses.
    The economy provides the country's 80,410 residents with an average 
per capita income of more than $6,800 per year and generally adequate 
social services. The Government in recent years has diversified the 
economy by increasing the revenues received from fishing rights and 
investing in the fish processing sector with foreign joint partners in 
order to move the economy away from its heavy reliance on tourism. 
Manufacturing now has surpassed tourism as the most important economic 
activity. However, no significant investments were made during the 
year. Overall growth remained sluggish largely due to shortages of 
foreign exchange and the pervasive presence of inefficient state 
enterprises. There was no progress toward privatization during the 
year. The country's application to join the World Trade Organization 
has forced it to consider reforming its trade and foreign exchange 
regimes; however, it has made few substantive changes to date.
    The human rights situation improved somewhat; however, problems 
remained in several areas. President Rene, whose party dominates the 
legislature, continued to wield power virtually unchecked. Security 
forces arbitrarily arrested and detained citizens; however, such 
actions were limited to detention during the weekend in order to avoid 
compliance with the Constitution's 24-hour ``charge or release'' 
provision. The Government failed to investigate or punish those 
involved in the violations of citizens' human rights during a law 
enforcement crackdown in1998. The judiciary is inefficient, lacks 
resources, and is subject to executive influence. Violence against 
women and child abuse remained problems. Discrimination against foreign 
workers also was a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        from:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution expressly forbids torture, and there were 
no reported instances of the use of torture by the police or the army. 
However, the Government has failed to investigate or punish those 
members of the security forces who allegedly tortured suspects in 
custody in 1998. Several cases have been brought against the Government 
and the army by individuals who claimed to have been detained illegally 
and tortured. The Supreme Court has postponed hearing these cases until 
2000. In November a citizen fled to another country and sought refugee 
status, claiming that members of the security forces harassed him 
because they believed that he maintained documentation of human rights 
abuses by the security forces.
    One high-ranking officer and a constable were found guilty of 
assault after an incident on March 4, 1998, at the interisland quay in 
Victoria. Both are serving their sentences at the Long Island prison. 
As a result, the Special Supporting Unit of the police is now on duty 
at Long Island prison to maintain order with two convicted police 
officers among the prison population. Conditions at the Long Island 
prison are Spartan. Family members are allowed monthly visits, and 
prisoners have access to reading but not writing materials.
    There is no regular system of independent monitoring of prisons.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
provides that persons arrested must be brought before a magistrate 
within 24 hours with allowances made for boat travel from distant 
islands. The law provides for detention without charge for up to 7 days 
if authorized by court order. Defense attorneys assert that extended 
periods of detention under harsh conditions are used to extort 
confessions from suspects. While there have been fewer cases of 
arbitrary arrest or detention during the year, the police continued in 
some instances to detain individuals on a Friday or Saturday in order 
to allow for a longer period of detention without charge, thereby 
avoiding compliance with the Constitution's 24-hour ``charge or 
release'' provision. The police released such persons on a Monday 
before the court could rule on a writ of habeas corpus.
    Detainees have the right to access to legal counsel, but security 
forces, in hopes of eliciting a confession or other information, 
sometimes withhold this right. Free counsel is provided to the 
indigent. Bail is available for most offenses.
    Several persons have brought civil cases against the police for 
unlawful arrest or entry, with limited success. The military's Chief of 
Staff was subpoenaed in November 1998 to appear in court to answer 
charges of contempt of the Supreme Court concerning the continued 
illegal detention of a man who had been ordered released by the court. 
This case and several others, involving claims for damages related to 
illegal detention and torture, are expected to be heard by the court in 
2000.
    There were no cases of forced exile. Following the 1977 coup, a 
number of persons went into voluntary exile, and others were released 
from prison with the condition that they leave the country immediately. 
A number of these former exiles who returned to the country were able 
to reacquire their property; however, several claims remain in the 
court system.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, it is inefficient, lacks resources, and 
is subject to executive interference.
    The judicial system includes magistrates' courts, the Supreme 
Court, the Constitutional Court, and the Court of Appeal.
    Criminal cases are heard by magistrates' 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 Constitutional Court convenes weekly or as necessary to 
consider constitutional issues only. The Court of Appeal convenes three 
times per year for 2 weeks in April, August, and October to consider 
appeals from the Supreme Court and Constitutional Court only.
    Defendants generally have the right to a fair trial. All judges are 
appointed for 7 years and can be reappointed by the President on the 
recommendation of the Constitutional Appointment Committee. All sitting 
judges were hired from other Commonwealth countries, and none are 
citizens, with the exception of the Chief Justice, who is a naturalized 
citizen. The Seychelles Bar Association has criticized the Government 
for not advertising domestically that judicial positions are available, 
since 30 citizens practice law either domestically or abroad. Some 
observers criticized expatriate judges for a perceived lack of 
sensitivity on issues such as human rights. Legal organs of the 
Government, such as the Attorney General's Office and the Ombudsman, 
are reluctant to pursue charges of wrongdoing or abuse of power against 
senior officials.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the right to privacy and 
freedom from arbitrary searches. The law requires a warrant for police 
searches, and the authorities generally respected this requirement in 
practice. While in 1998 soldiers reportedly forcibly entered homes, and 
seized and detained citizens, no such incidents were reported during 
the year. The law requires that all electronic surveillance be 
justified on the grounds of preventing a serious crime and be approved 
by a judge. The Government maintains telephone surveillance of some 
political figures.
    Some members of opposition parties claimed that they lost their 
government jobs because of their political beliefs and are at a 
disadvantage when applying for government licenses and loans.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of 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 of the press thus are constrained 
by the ease with which civil lawsuits can be filed to penalize 
journalists for alleged libel. In most instances, citizens speak 
freely, including in Parliament.
    The Government has a near monopoly in the media, owning the only 
television and radio stations, the most important means for reaching 
the public, and The Nation, the only daily newspaper. The official 
media adhere closely to the Government's position on policy issues and 
give the opposition and news adverse to the Government only limited 
attention. While both opposition parties publish an assortment of 
newsletters and magazines, only one significant opposition newspaper, 
the weekly Regar, is in circulation. Government officials have sued 
Regar for libel eight times in the last 4 years. The most recent suit, 
filed in March by the Minister of Land Use and Habitat for $190,000 
(SRS 1 million) in damages, is scheduled to be heard in February 2000. 
Sixty percent of the requested damages are for trespassing by Regar 
photographers and 40 percent are for moral harm. The Minister obtained 
a court order forbidding Regar to publish photographs of his house, 
which was under construction at the time.
    In February the National Assembly again rejected a motion presented 
by the leader of the opposition to reduce the license fee for a private 
radio or television station from $151,200 (SRS 800,000) per year to 
that of a newspaper publishing license, $760 (SRS 4,000) plus a bank 
guarantee of $19,000 (SRS 100,000). The motion was refused allegedly 
because the majority members feared the threat of defamation to the 
Government, not because of the political competition that an opposition 
radio station would generate.
    Academic freedom is limited due to the fact that one cannot reach 
senior positions in the academic bureaucracy without demonstrating at 
least nominal loyalty to the SPPF. There are no universities; secondary 
school teachers largely are apolitical.
    The Government controls access to the Polytechnic, the most 
advanced learning institution.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly and association, and the 
Government respected these rights in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement, and there was no known abridgment of domestic or 
international travel. However, although it was not used to refuse a 
passport application, the 1991 Passport Act allows the Government to 
deny passports to any citizen if the Minister of Defense finds that 
such denial is ``in the national interest.'' While the resident 
departure tax of $95 (SRS 500) is payable in local currency, government 
foreign exchange regulations and the foreign exchange shortage hinder 
many citizens from being able to afford foreign travel, although they 
might have sufficient means in local currency. According to a new law 
in effect since May, citizens cannot possess any foreign exchange 
unless in possession of a receipt from a licensed foreign exchange 
vendor. Additionally, banks are providing only $95 (SRS 500) to a 
maximum $400 (SRS 2100) to those departing the country because of the 
extreme foreign exchange shortage.
    There were no known requests for asylum, and there are no refugees 
in the country. The Immigration Act does not discuss asylum. There are 
no known instances of persons being forcibly deported to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens exercised the right to change their government in the 1993 
and 1998 National Assembly and presidential elections, which were 
judged by international and national observers to have been free and 
fair, despite the fact that President Rene and the SPPF dominated the 
elections.
    A joint Commonwealth and Francophone observer group for the 1998 
elections noted that the elections took place on a more level playing 
field than in 1993. The group's principal criticism was that the 
Government adopted a program of accelerated means-testing for social 
benefits during the final week of the campaign and approved a number of 
new applications in an attempt to increase political support. The group 
urged an improvement in the effective separation of state and party 
political functions.
    The President's SPPF party continues to utilize its political 
resources and those of the Government 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 financial limitations. The Government substantially 
reduced funding for political parties in the budget, from $1.8 million 
(SRS 9.5 million) per year to $95,000 (SRS 500,000). Under the 
allocation system, the SPPF would receive $4,940 (SRS 25,690) per 
month, the Seychelles National Party (SNP) $1,900 (SRS 9,880), and the 
Democratic Party $950 (SRS 4,940). It is expected that funding is to be 
reduced further in the 2000 budget.
    In the March 1998 parliamentary elections, the SNP--then known as 
the United Opposition--won one directly elected seat and two 
proportionally elected seats, thereby becoming the leading opposition 
party. Former Prime Minister James Mancham's Democratic Party won only 
one proportional seat, and Mancham lost the role of leader of the 
opposition to the SNP's Wavel Ramkalawan. While critics often had 
alleged that Mancham's ties to the SPPF were too close and prevented 
him from openly criticizing the Government, Ramkalawan has played 
effectively the role of chief government critic as leader of the 
opposition.
    There are no legal restrictions on the participation of women in 
politics; however, women are underrepresented in government and 
politics. Women hold 3 of the 12 ministerial positions and 8 of the 34 
seats in the National Assembly, 6 by direct election and 2 by 
proportional election. There are no legal restrictions on the 
participation of minority groups in politics. All members of the 
Cabinet are members of the SPPF.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Two private human rights related organizations, the first of their 
kind in the country, were launched in December 1998. The Friends for a 
Democratic Society pledged to focus on raising awareness of individual 
rights in a democracy, but has thus far proved to be an inactive 
organization. The Center for Rights and Development (CEFRAD) has 
published a 5-year action plan that stresses respect for human rights, 
participation in a civil society, and sensible approaches to 
development. CEFRAD also established ties with other national and 
international nongovernmental organizations (NGO's). Historically, both 
the churches and some NGO's 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 country.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution affirms the right to be free from all types of 
discrimination, but it does not prohibit discrimination based on these 
factors specifically. Nevertheless, in practice there is no overt 
discrimination in housing, employment, education, or other social 
services based on race, sex, ethnicity, nationality, or religious 
identification.
    Women.--Violence against women, particularly wife beating, remains 
a problem. Police seldom intervene in domestic disputes, unless the 
dispute involves a weapon or major assault. The few cases that reach a 
prosecutor often are dismissed, or, if a case reaches court, the 
perpetrator is usually given only a light sentence. There is growing 
societal concern about domestic violence and increased recognition of 
the need to address it. Probation services again recorded fewer 
domestic violence cases against women. However, a survey of six church 
parishes conducted by the Association for the Promotion of Solid Humane 
Families, an NGO, revealed that 25 percent of those surveyed stated 
that they have been victims of domestic violence, confirming the 
general belief that the problem is more widespread than official 
statistics indicate. Participants in the NGO survey stated that alcohol 
was one of the main causes of domestic violence.
    The society is largely matriarchal, with 75 percent of births out-
of-wedlock in 1998. There were no reports of societal discrimination 
against unwed mothers, and fathers are required by law to support their 
children. The age of consent was lowered from 16 to 14 in 1993, and 13 
percent of all births in 1998 occurred to women under 20 years of age. 
Girls are not allowed to attend school when they are pregnant, and many 
do not return to school after the birth of a child. There is no 
officially sanctioned discrimination in employment, and women are well-
represented in business. Inheritance laws do not discriminate against 
women.
    Children.--Children have legal protection from labor and physical 
abuse and are required to attend school. Free public education is 
available through the secondary level. Since January parents 
contributed up to two-thirds of the cost of post-secondary education 
and training based on their income for both in country and overseas 
schools. Children are encouraged to attend school to the tenth grade. 
According to government figures, all children between the ages of 6 and 
16 attend school, and the enrollment of boys and girls is roughly 
equal. In 1995 the Government created an institutional framework for 
aiding children, and, in June 1998, the National Assembly established 
an 18-member family tribunal to hear and determine all matters relating 
to the care, custody, access, and maintenance of children; only 
paternity cases remain under the courts. The tribunal became 
operational in November 1998 after the Minister of Employment and 
Social Affairs appointed the members. Between November 1998 and June, 
more than 2,000 cases were presented to the tribunal.
    Sexual abuse of young girls, usually in low-income families, is a 
serious problem. Although only 50 cases of sexual abuse were reported 
as of July 31, Ministry of Health data and press reports indicate that 
there are a significant number of rapes committed against girls under 
the age of 15. Very few child abuse cases actually are prosecuted in 
court. The strongest public advocate for young victims is not the 
Government but a semiautonomous agency, the National Council for 
Children. There is criticism that the police fail to investigate 
vigorously charges of child abuse.
    People with Disabilities.--The Government does not discriminate 
against persons with disabilities in housing, jobs, or education. 
However, there is no legislation providing for access to public 
buildings, transportation, or government services.
    National/Racial/Ethnic Minorities.--The education gap between 
Creoles and citizens of white or Asian origin is narrowing. The 
Government is attempting to reduce this gap through universal access to 
public education.
Section 6. Worker Rights
    a. The Right of Association.--Under the 1993 Industrial Relations 
Act (IRA), workers have the right to form and join unions of their 
choosing. Police, military, prison, and fire-fighting personnel may not 
unionize. Under the act, the former government-controlled union, the 
National Workers Union, lost its monopoly position. Between 15 and 20 
percent of the workforce is unionized.
    There are two unions: One dominated by the SPPF, the Seychelles 
Federation of Workers Union (SFWU), and one independent, the Seychelles 
Workers Union (SWU). Another independent union, the Public Service 
Union, was disbanded in 1997 after repeated discrimination against the 
union's office holders, according to one independent unionist. An 
attempt to organize an independent union incorporating employees from 
both governmental ministries and government-owned entities was thwarted 
by government legal action.
    Unions can affiliate freely with international bodies. However, the 
independent SWU was not invited by the Government to join the 
tripartite delegation to the annual meeting in June of the 
International Labor Organization (ILO).
    b. The Right to Organize and Bargain Collectively.--The IRA 
provides workers with the right to engage in collective bargaining. 
However, in practice free collective bargaining normally does not 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 setting wages. In the public sector, 
which employs 57 percent of the labor force, the Government sets 
mandatory wage scales for employees. Wages in the private sector 
generally are 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 
historically have paid higher wages than the Government in order to 
attract qualified workers. However, economic problems during the year 
led to downward pressures on wages.
    The 1987 and 1995 Employment Acts constitute the basic labor law. 
They authorize the Ministry of Employment and Social Affairs to 
establish and enforce employment terms, conditions, and benefits. 
Workers frequently have obtained recourse against their employers 
through the ministry.
    While the law prohibits antiunion discrimination by employers 
against union members, there was widespread discrimination against the 
members of the independent public sector union, the Public Service 
Union, before it was disbanded in 1997.
    There are 18 companies that participate in an export processing 
zone known as the Seychelles International Zone (SITZ). The SITZ is 
bound only by the Seychelles Trade Zone Act and is not obliged to 
adhere to property, tax, business, immigration, and labor laws, 
including the Employment Act. One of the companies based in the SITZ, 
Indian Ocean Tuna (IOT), discharged workers who had come in from 
Madagascar. IOT claimed that the workers were engaging in prostitution, 
and they were sent back to Madagascar. The workers alleged that they 
were being mistreated and were not receiving their salaries.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, and it is not known to exist. There are no 
reports of children being subjected to forced or bonded labor.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Article 31 of the Constitution states that the minimum age 
for employment is 15, ``subject to exceptions for children who are 
employed part time in light work prescribed by law without harm to 
their health, morals, or education.'' It is a criminal offense 
punishable by a fine of $1,130 (SRS 6,000) to employ a child under the 
age of 15.
    Children are encouraged to attend school until the 10th grade. The 
National Youth Service was disbanded in January and replaced with a 
noncompulsory fifth year of secondary school. After completing 
secondary school, students can go on to the Polytechnic School for 
Vocational Training, abroad for university studies, or to 
apprenticeship or short-term work programs. Children in the latter 
program receive a training stipend, which is below the minimum wage. 
The Government enforces child labor laws through inspections by the 
Ministry of Employment and Social Affairs.
    The Government does not prohibit forced and bonded labor by 
children, but such practices are not known to occur.
    e. Acceptable Conditions of Work.--The complicated minimum wage 
scale 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 $360 (SRS 1,900) 
per month. Trade unions contend that government entities pay some 
workers less than the legal minimum wage. Even with the free public 
services that are available, primarily health care and education, 
independent labor unions dispute that a single salary at the low end of 
the pay scale provides a worker and family with a minimum standard of 
living.
    In recent years, there has been a growing trend in government 
policy to admit foreign workers, primarily from China, India, the 
Philippines, and Madagascar, to work in the construction and commercial 
fishing sectors, because few citizens chose to work in these sectors. 
Although it is difficult to determine the living and working conditions 
of these workers, there is strong evidence that the labor laws are 
flouted routinely with the Government's knowledge and acquiescence. 
These workers are paid lower wages and forced to work longer hours than 
citizens.
    The legal maximum workweek varies from 45 to 52 hours, depending on 
the economic sector, while government employees work shorter hours. 
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 regulations. Foreign workers do not enjoy the same legal 
protections.
    The Government issued comprehensive occupational health and safety 
regulations in 1991. The Ministry of Employment and Social Affairs has 
formal responsibility for enforcing these regulations; however, the 
Ministry of Health seeks a role in this area. An ILO team, which 
visited in early 1995, found serious deficiencies in the management and 
effectiveness of government monitoring and enforcement efforts. 
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 rarely visit job sites. In 1997 there were 5 
deaths and 169 on-the-job injuries officially reported. The Ministry 
had not released later statistics by year's end.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons, and there were no reports that persons were trafficked in, to, 
or from the country.
                                 ______
                                 

                              SIERRA LEONE

    Sierra Leone is a constitutional republic with a directly elected 
president and a unicameral legislature; however, due to continuing 
civil conflict, the democratically elected government did not control 
the whole country effectively at any time during the year. This 
situation continued even after a cease-fire went into effect on May 24, 
following talks in Lome, Togo, and the July 7 signing of a peace accord 
by the Government and insurgents led by the Revolutionary United Front 
(RUF), who had fought successive governments since 1991. The 
President's party, the Sierra Leone People's Party, has had a majority 
in the Parliament since the 1996 elections. In May 1997 RUF forces and 
those of the Armed Forces Revolutionary Council (AFRC) overthrew the 
elected government in a coup, driving it into exile in Guinea. The RUF/
AFRC junta was itself driven out of Freetown by forces of the Economic 
Organization of West African States (ECOWAS) Monitoring Group (ECOMOG), 
led by the armed forces of Nigeria, in February 1998. The Government 
was restored to power in March 1998, but fighting between government 
and RUF/AFRC elements continued. In January after months of 
increasingly serious skirmishes, particularly in the northern and 
eastern parts of the country, rebels attacked Freetown once again. 
According to U.N. and health officials' estimates, between 5,000 and 
6,500 combatants and civilian residents were killed in and near the 
capital before the rebels were driven out by government and ECOMOG 
forces. Rebel forces abducted additional thousands of persons, mostly 
women and children, during their retreat; the insurgents wounded or 
maimed hundreds of others. Large sections of central and eastern 
Freetown were destroyed, and tens of thousands of persons were left 
homeless. Government-insurgent fighting, albeit on a significantly 
reduced scale, continued after the July Lome Accord. After the accord 
was signed, there was growing tension and some fighting between the 
AFRC and RUF rebel factions; even the October 3 return to Freetown of 
the RUF and AFRC leaders did not end it. During the last months of the 
year there were several armed clashes between forces of the former RUF 
and AFRC and between elements of each. In late December, RUF field 
commander Sam Bockarie fled from Kailahun to Liberia after claiming 
that RUF leader Foday Sankoh had targeted him for death. By the end of 
the year only some 4,000 of the estimated 45,000 former combatants had 
disarmed and entered the demobilization process. The U.N. Security 
Council approved a 6,600 member peacekeeping operation, the U.N. 
Mission in Sierra Leone (UNAMSIL). Kenyan and Indian peacekeeping 
forces began arriving in December, even as the Nigerian, Guinean, 
Ghanaian, and Malian ECOMOG components were preparing to leave Sierra 
Leone. The disarmament, demobilization, and reintegration program 
called for in the Lome Accord includes provisions to protect the human 
rights of the former combatants. The officially independent judiciary 
functioned only in part of the country and only during part of the year 
but demonstrated substantial independence in practice when it did 
function.
    Among the Government's security forces, the police officially had 
primary responsibility for internal order. However, due to the 
continuing insurgency, the newly constituted army, the Civil Defense 
Forces (CDF), and ECOMOG shared de facto responsibility with the police 
in security matters. Both government and ECOMOG forces committed 
serious human rights abuses.
    Sierra Leone is an extremely poor country, with a market-based 
economy and a per capita income of less than $100 per year. Only an 
estimated one-fifth of adults are literate. Although the country is 
rich in natural resources and minerals (particularly diamonds, gold, 
rutile, and bauxite) and has large areas of fertile land suitable for 
farming, the 9-year insurgency brought mineral extraction and 
agricultural production almost to a standstill. There is little 
manufacturing, and there are few exports; approximately 70 per cent of 
the Government's budget comes from foreign assistance. Years of 
fighting, corruption, and mismanagement resulted in a crumbling 
infrastructure.
    The Government's human rights record was characterized by serious 
problems. Both government forces and ECOMOG forces operating in support 
of the Government committed extrajudicial killings and summarily 
executed suspected rebels and their collaborators. Government, CDF, and 
ECOMOG forces at times beat noncombatants. Prison and jail conditions 
remained harsh and sometimes life threatening. Government and ECOMOG 
forces continued occasionally to arrest and detain persons arbitrarily. 
Prolonged detention and long delays in trials, due to the inability of 
the judicial system to function, remained problems. The Government 
restricted freedom of speech and of the press, and harassed, arrested, 
and detained journalists for their coverage of security-related issues. 
Violence and discrimination against women and prostitution remained 
problems. Prior to the Lome Accord, CDF units inducted child soldiers. 
Female genital mutilation continued to be a widespread practice. 
Discrimination against ethnic minorities persists. There was some 
forced labor in rural areas. Child labor persists. There were a few 
cases of vigilante-style extrajudicial killings by citizens, 
particularly in Freetown following the January attack. Before the 
signing of the Lome Accord, AFRC and RUF rebels committed numerous 
egregious abuses, including brutal killings,abductions, deliberate 
mutilations, and rape. The rebels continued the particularly vicious 
practice of cutting off the ears, noses, hands, arms, and legs of 
noncombatants as a deliberate terror tactic and to punish those 
unwilling to cooperate with the insurgents. The victims ranged from 
small children to elderly women; in some cases, one limb was cut off, 
in others two limbs, typically two hands or arms. Many died from their 
wounds before they could obtain any form of medical treatment. Rebel 
forces abducted civilians, missionaries, aid workers from 
nongovernmental agencies, U.N. personnel, and journalists; ambushed 
humanitarian relief convoys; raided refugee sites; and extorted and 
stole food. Junta forces continued the longstanding practice of 
abducting villagers (including women and children) and using them as 
forced laborers, as sex slaves, and as human shields during skirmishes 
with government and ECOMOG forces. Boys were forced to become child 
soldiers. Rebel forces used rape as a terror tactic against women. 
Rebel atrocities prompted the internal displacement of hundreds of 
thousands of civilians. As many as half a million persons have fled to 
neighboring countries to escape the civil conflict and remain outside 
the country on their own or in refugee camps, primarily in Guinea and 
Liberia. After the May cease-fire, insurgents committed similar abuses, 
particularly in the north and northwest of the country. Although the 
number of such reported abuses decreased, they still included murder, 
rape, mutilation, and abduction.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Both government/CDF 
forces and ECOMOG forces operating in support of the Government 
summarily executed suspected rebels and suspected rebel collaborators. 
These abuses were particularly serious during the January attack on 
Freetown and the ultimately successful effort to drive rebel forces 
from the city. During the fighting in Freetown, on January 13 ECOMOG 
troops summarily executed 22 rebel captives on Aberdeen bridge, and CDF 
members executed 6 alleged rebels in Kingtom. In early February ECOMOG 
forces summarily shot at least six suspected rebel collaborators in 
Freetown. At least several others were killed in the course of house-
to-house checks by ECOMOG for rebel collaborators and infiltrators in 
Freetown. On February 3, an ECOMOG officer summarily executed Abdulai 
Jumah Jalloh, news editor of the African Champion newspaper, in central 
Freetown, after a CDF officer identified him as an arsonist responsible 
for setting houses on fire in Kissy.
    Hundreds of civilians killed by AFRC and RUF insurgent forces in 
the conflict were executed deliberately for political motives. 
Insurgent forces targeted government officials, human rights activists, 
religious leaders, and lawyers as they entered Freetown. Journalists 
were also particular targets. On January 10, Associated Press 
television producer Myles Tierney was shot to death in the center of 
Freetown, while a colleague, West Africa bureau chief Ian Stewart, was 
wounded. In addition to Tierney, Sierra Leonean journalists James 
Ogogo, Jenner Cole, Mohamed Kamara, Paul Abu Mansaray, Alpha Amadu Bah 
Bash, Muniru Turay, and Mabay Kamara were sought out and killed during 
the January battles in Freetown. Surviving journalists told the Paris-
based Reporters Without Borders that in some cases, when rebels failed 
to find journalists at home, they killed close relatives instead.
    In early February, the bodies of two cabinet Ministers, Minister of 
State for Public Affairs Mohamed B. Sesay and Minister of State for the 
Northern Region, Y.M. Koroma, were found in Kissy; they had been 
identified and abducted by rebel forces in January. Also in January, 
rebels killed the manager of the fund-raising center for the Sierra 
Leone Red Cross, S.W. Smith.
    Police were also particular targets. Insurgents executed over 250, 
by some estimates as many as 500, police and some members of their 
families in Freetown in January. When Lunsar was recaptured by ECOMOG 
forces in February, they discovered that over 130 of the 170 police in 
the city were executed, most on the town football field.
    Deliberate mutilations by rebel forces, mostly during their 
withdrawal from Freetown in January, ultimately resulted in dozens of 
deaths during the year (see Section 1.c.). Over the course of the 
decade-long conflict, rebel mutilations caused hundreds if not 
thousands of deaths.
    Some victims of rebel kidnap attempts also were killed (see Section 
1.b.).
    There were a few cases of vigilante-style killings by citizens, 
particularly in Freetown following the January attack. For example in 
January youths in Kenema burned alive three rebel infiltrators.
    b. Disappearance.--AFRC and RUF forces continued the RUF's 
longstanding practice of kidnaping youngsters and women and compelling 
them to work for the troops and, at times, act as ``shields'' in 
battles with government and ECOMOG forces. Women also were forced to 
act as sexual slaves (see Sections 5, 6.c., and 6.f.). According to the 
U.N. Children's Fund, after the January attack on Freetown and the 
surrounding areas alone, families registered more than 3,800 children 
missing or abducted; by November there were 2,400 still registered as 
unaccounted for. The United Nations estimates that rebel forces 
abducted some 20,000 persons, throughout the country, during the 1991-
99 period. Only about 1,000 of them have been released and gone through 
a formal reintegration process. Other thousands have escaped, but the 
United Nations believes that thousands still remain prisoners despite 
the Lome Accord's directive that all captives and prisoners of war be 
released.
    In addition to demanding ransom payments for civilians they 
abducted, AFRC/RUF insurgents kidnaped religious workers and foreigners 
as bargaining chips and in an attempt to extort money. On January 10, 
the rebels abducted two Italian missionary priests, the Reverends 
Maurizio Boa and Giuliano Pini, in Freetown; the pair were released 
several days later. In mid-January, they abducted Archbishop Joseph 
Henry Ganda in Freetown; he escaped captivity a week later along with 
five other abducted missionary priests, including Father Mario Guerra, 
who was abducted in November 1998. On January 14, they abducted six 
Sisters of Charity from Freetown; they shot one, Sister Aloysious Maria 
from India, on January 22, and two others, Kenyan Sister Carmeline and 
Bangladeshi Sister Sweva, were killed during later fighting between the 
rebels and ECOMOG forces. Sister Hindu, a fourth captive nun, who was 
shot during the fighting, died on February 5 in Conakry from her 
wounds. Rebels abducted Father Vittorio Mosele on February 12 from 
Kambia; he subsequently was held in Makeni until being released on 
April 6.
    Rebel forces also abducted 13 Indian businessmen resident in 
Freetown, including the honorary consul of Japan, on January 25 from 
Wellington. One was killed during the kidnaping; two more were murdered 
during captivity, and another was wounded seriously; the remaining nine 
businessmen were released on January 29 along with the three surviving 
Sisters of Charity.
    On January 25, the rebels seized two European journalists near the 
capital but released them over the succeeding 2 days.
    On August 4, a splinter group of the AFRC abducted over 30 
individuals, including personnel from the U.N. Observer Mission in 
Sierra Leone (UNOMSIL), ECOMOG officers, aid officials, journalists, 
and Makeni Bishop Giorgio Biguzzi, in the Occra hills northeast of 
Freetown. The delegation members, who had come to discuss the fate of 
civilian captives held by the AFRC, subsequently were released over 
several days; the last hostages were freed on August 10, with some 200 
women and children previously held hostage whom the delegation had 
sought to release. Bishop Biguzzi and 15 colleagues also were caught in 
fighting between AFRC and RUF factions in Makeni in mid-October. They 
emerged unharmed several days later, but during the fighting their 
personal possessions were stolen by the combatants.
    In December forces loyal to RUF field commander Sam Bockarie 
detained two foreign Medecins sans Frontieres workers, Belgian national 
Patrick Cloos and German national Klaus Lippold, for over a week in 
Kailahun. The two were released shortly before Bockarie and a number of 
his followers fled to Liberia on December 16.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture; however, government, 
and CDF and and ECOMOG forces operating in support of the Government, 
occasionally beat and detained noncombatants, particularly during the 
January attack on Freetown.
    In January ECOMOG forces beat two Italian missionary priests 
suspected of being mercenaries before learning that rebel forces had 
abducted the pair.
    AFRC and RUF forces continued to use rape as a terror tactic 
against women. Rebel forces also were responsible for many cases of 
deliberate mutilation, including the chopping off of hands, arms, ears 
and legs; attempted and successful decapitations; and severe cuts with 
machetes. The victims have ranged from babies 10 months old to elderly 
men and women. U.N. officials and humanitarian organizations estimated 
that hundreds if not thousands of individuals, including children, had 
one or both limbs amputated over the decade-long conflict, including 
dozens in the January attack on Freetown alone. During the overall 
course of the conflict, it was estimated that for every one of these 
wounded who eventually succeeded in securing medical aid, at least 
three or four died en route from their wounds, shock, and the hazards 
of the journey or from lack of adequate medicalassistance. During the 
fighting in Freetown rebels inflicted machete wounds on the president 
of the Sierra Leone Red Cross, Mohamed Jalloh; they also amputated the 
left hand of Soloman Conteh, the organization's director of programs 
and operations and also wounded a driver. The proportion of those 
surviving mutilations during the fighting in Freetown in January 
increased because of the proximity of medical facilities. Insurgents 
tortured abducted Archbishop John Henry Ganda with lighted cigarettes 
during his captivity in January.
    Prison conditions and those in police lockup facilities generally 
are harsh; at best they are Spartan, and at worst life threatening. The 
Pademba road maximum security prison, which was designed for 325 
prisoners, routinely houses hundreds more. Diet and medical care were 
inadequate, and only a handful of toilets were available for use. 
Although male and female quarters were separate, adults and juveniles 
were incarcerated together. Convicted felons, those in the middle of 
the judicial process, and those who had not yet been charged formally 
also were incarcerated together. Other prison facilities were equally 
rudimentary; the holding cells in police offices are even further from 
compliance with international standards.
    The Government allowed the International Committee for the Red 
Cross (ICRC), U.N. human rights officials, and other observers to visit 
the prisons, assess conditions, and see inmates.
    d. Arbitrary Arrest, Detention or Exile.--Government and ECOMOG 
forces continued at times to arrest and detain persons arbitrarily. 
Although the Constitution and law provide for a speedy trial, in 
practice the lack of judicial officers and facilities often produced 
long delays in the judicial process. Due to the civil conflict, the 
judicial system did not function in some parts of the country at any 
time during the year and functioned in other parts of the country only 
during part of the year. Many criminal suspects were held for months 
before their cases were examined or formal charges were filed.
    ECOMOG forces at times detained noncombatants, particularly those 
suspected of having collaborated with or supported the insurgents, for 
periods of weeks or longer. In some cases they were released only after 
their families paid a sum to free them. Several journalists were 
arrested in the spring in separate incidents (see Section 2.a.).
    In the first major evidence of friction within the rebel ranks, in 
late August AFRC members detained a group of RUF commanders and aides 
near the same Occra hills location where the August 4 abduction (see 
Section 1.b.) occurred. The group, some members of which were 
mistreated badly, was released on September 5.
    The Government does not use forced exile.
    e. Denial of fair public trial.--The Constitution provides for an 
independent judiciary, and the Government respects this provision in 
practice; however, the judiciary functioned only in part of the country 
and only during part of the year, but demonstrated substantial 
independence in practice when it did function.
    The judicial system consists of the Supreme Court, appeals courts, 
and a high court whose justices are chosen by the Head of State. Local 
courts administer traditional law with lay judges; appeals from these 
lower courts move to the superior courts.
    Although there are often lengthy delays between arrest, detention, 
the impositions of charges, and judicial proceedings, trials are 
usually free and fair. Traditional justice systems continued to 
supplement the central government judiciary extensively in cases 
involving family law, inheritance, and land tenure, especially in rural 
areas.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution and law prohibit such practices, and 
government authorities generally respected these prohibitions.
    Throughout the year, there were numerous instances in which rebel 
forces invaded, looted, and destroyed private property and terrorized 
civilians. Although at times the homes and businesses associated with 
members of the former government and supporters of the elected 
Government were particular targets, many homes of ordinary citizens 
also were looted, burned, or destroyed.
    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--The CDF continued to accept, train, and induct 
children into its ranks until in June it pledged to stop the practice.
    AFRC and RUF rebel forces routinely committed numerous serious 
abuses, and sought to coerce, intimidate, and terrorize those who 
either refused to cooperate with them or supported the Government. Both 
in Freetown and the country they massacred groups of persons fleeing 
fighting; maimed and cut off the limbs and ears of noncombatants; 
kidnaped children and women to work for them and men to carry 
equipment; raped women as a means of punishment and to inspire fear and 
cooperation. They forced individuals to commit atrocities under penalty 
of their own mutilation or death; commandeered relief supplies; and 
vandalized religious institutions, hospitals, and schools. Both during 
their attack on Freetown and their retreat from the city, rebels used 
civilians as human shields, leading to many civilian casualties.
    After many residents fled into the bush following the January 
attacks on Wellington, near Freetown, rebels made forays into the bush 
to rape young girls who sought refuge there. Insurgents killed at least 
125 civilians in Songo, near the capital, as they retreated under 
ECOMOG attack mid-April. When retreating from Masiaka in May, rebels 
performed amputations on and decapitated civilians; abducted scores of 
women and children; and detained others for forced labor. In mid-August 
rebel troops attacked commercial vehicles and relief trucks along two 
major highways west and north of Masiaka and a relief truck near 
Lunsar, looting relief food and supplies.
    During the January fighting in Freetown, rebels tried to force 
residents to ``celebrate'' their ``liberation'' with street 
demonstrations; they burned the homes of those who refused and on 
occasion those who complied. During their retreat from the city, the 
insurgents looted and deliberately set on fire large sections of 
eastern Freetown. Up to 90 percent of the housing in the Kissy and 
Calaba town areas was damaged or destroyed, as were numerous mosques, 
churches, and businesses, and a significant percentage of the housing 
in Wellington was destroyed. An estimated 200,000 persons in and near 
Freetown were made homeless in the January fighting. Rebels attacked 
and looted the Catholic mission at Madina in Kambia district on 
February 1; when Kambia itself was attacked in February, rebels burned 
down city buildings, the city hospital, a polio rehabilitation center, 
a secondary school, and the residence of the Xaverian missionary 
sisters. As ECOMOG forces advanced in early May, retreating rebel 
forces burned virtually the entire town of Masiaka as well as nearby 
villages.
    In early October RUF/AFRC commanders prevented an Irish 
nongovernmental organization (NGO), Concern Worldwide, from resuming 
relief activities on the road between Magburaka and Matatoka. Also in 
October in Makeni, rebel forces looted supplies and vehicles belonging 
to a team from Medecins Sans Frontieres as they were attempting to 
survey the needs of the population there.
    In October serious fighting between factions of the former RUF and 
the AFRC broke out between Makeni and Lunsar, resulting in 
approximately 150 combatant and 50 civilian deaths and the displacement 
of hundreds of civilians. On November 20, armed former combatants 
ambushed a bus in the Kambia district, looted the passengers, and 
abducted several of them. In late November, hundreds of civilians fled 
across the border to Guinea to escape the continued factional fighting 
and banditry in the northwestern part of the country.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government restricted 
these rights in practice. The Government attempted to regulate the 
press through registration and attempted to control the publication of 
information on security-related topics. It also took action against the 
writers and publishers of articles considered unfavorable to the 
Government. For example, on February 24, plainclothes police officers 
arrested the managing editor of the Standard Times, Phillip Neville, 
after he published an article concerning Vice President Albert Joe 
Demby. He was released on March 8. British Broadcasting Corporation 
Freetown correspondent Winston Ojukutu-Macaulay was detained by ECOMOG 
forces on April 20, following an earlier broadcast of his story on 
ECOMOG vehicle impoundment, but was released later the same day. On May 
5, three journalists, Ahmed Bob Kande, Thomas Gbou, and Mohamed 
Massaquoi, were arrested by ECOMOG following the publication of an 
article in the New Storm newspaper concerning the ECOMOG force 
commander; they were released after paying bail of $2,500 (5 million 
leones) a week later. Managing Editor Jonathan Leigh of the Independent 
Observer newspaper was arrested by ECOMOG on May 17 
followingpublication of an article on ECOMOG, and The Democrat 
newspaper's editor, Joseph Mboka, was detained on May 18 after an 
article about recent government-rebel fighting in Kabala. On June 10, 
ECOMOG forces raided the Independent Observer's offices and arrested 
six employees after displaying a cache of arms said to have been found 
in the newspaper's offices; editor Jonathan Leigh surrendered to the 
police in Freetown on June 15. On July 6, the state prosecutor dropped 
charges of spying and arms possession, which had been made against 
Leigh and Independent Observer staff writer Jerry Tryson. On August 27, 
CID officials arrested and threatened to deport Cameroonian national 
Emmanuel Sanossi, the editor of The Reporter newspaper, following the 
publication of an article on government weapons purchases.
    Over 50 newspapers were published in Freetown alone, covering a 
wide spectrum of interests. Their number fluctuated weekly; many 
contained sensational, undocumented stories and repeated items carried 
by other newspapers. Newspapers openly and routinely criticized the 
Government and its officials, as well as the rebel forces.
    Due to low levels of literacy and the relatively high cost of 
newspapers and television, radio remained the most important medium of 
public information. Several government and private radio and television 
stations broadcast; both featured domestic news coverage and political 
commentary.
    The government-controlled Sierratel communications company provided 
Internet access in Freetown, although the condition of its land lines 
often made internet connectivity problematic.
    The rebels shot and killed several journalists during the January 
fighting in Freetown (see Section 1.a.). On August 20, three high-
ranking RUF members ransacked the offices of For Di People newspaper 
and assaulted its editor, Paul Kamara, after he published an article 
critical of the lifestyle of rebel leaders in Freetown.
    The Government generally respected academic freedom. All 
institutions of higher learning were wholly or partly closed during the 
year; most had been looted, burned, or used as quarters by rebels, and 
there have not yet been funds to restore infrastructure.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government respected this 
right in practice. The Government was not known to deny requests to use 
public areas for meetings or demonstrations, many of which took place 
throughout the year.
    The Constitution provides for freedom of association and the 
Government respected this right in practice. There were numerous civic, 
philanthropic, and social organizations, and the registration system 
was routine and apparently nonpolitical. No known restrictions were 
applied to the formation or organization of more than a dozen 
opposition political parties.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respected this right in practice.
    Insurgent forces targeted religious leaders for attack, including 
Christians and Muslims, both because of their position in the religious 
community and their support for the Government. During the January RUF/
AFRC invasion, which occurred during Ramadan, the Freetown population 
was terrorized and virtually deprived of religious freedom. Muslims who 
were found praying in mosques were forced to drink alcoholic beverages, 
and some of those who refused to partake were beaten. Others reportedly 
were shot and killed. Three churches and two mosques were set on fire 
and burned down in Freetown during the January attack.
    Rebel forces targeted Roman Catholic priests and nuns in 
particular, largely on the assumption that the church would pay ransom 
for their return. Another reason is that the rebels saw the use of the 
church's radio network by ECOMOG troops during the January RUF/AFRC 
invasion as church support for the Government.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice. 
Citizens were required to get a police clearance within 72 hours before 
international travel, but such clearances were issued nonrestrictively; 
the Government did not attempt to limit citizens' departure or return 
for political or discriminatory reasons. According to occasional 
reports, troops manning roadblocks attempted to extort food or money 
from travelers.
    More than 1 million citizens--more than one-quarter of the 
population--still either are displaced internally or have fled the 
country to escape the continuing insurgency. More than 500,000 persons 
remain in refugee camps in Guinea and Liberia; others remain in The 
Gambia, Cote D'Ivoire, Ghana, and other African nations, while still 
others are in countries outside Africa. In October an estimated 3,000 
refugees returned to the Kailahun area from Liberia, in part to escape 
fighting there. At least 150 persons drowned at sea in March when their 
overloaded watercraft capsized when they were returning home after 
having fled fighting.
    There is no formal process for granting political asylum or refugee 
status. The Government cooperated with the U.N. High Commissioner for 
Refugees and other organizations on repatriation matters and continued 
to provide first asylum to over 5,000 Liberians who had fled to Sierra 
Leone because of conflict in their home country in earlier years of the 
decade. There were no reports of the forced return of persons to 
countries where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    The Constitution provides for the right of citizens to change their 
government, and the 1996 elections won by Ahmed Tejan Kabbah and his 
Sierra Leone People's Party were the first free and fair multiparty 
elections in the country in 30 years. Several political parties were 
represented in the unicameral legislature and in the cabinet. Locally 
elected councils and a traditional chieftancy system controlled local 
government. Preparations for local elections, which were to have taken 
place early in the year, were postponed because of continued fighting. 
In July the Parliament ratified a bill allowing the RUF to transform 
itself into a political party, as called for in the Lome Accord, and in 
November the Revolutionary United Front Party (RUFP) received a 
provisional registration certificate from the interim National Election 
Commission.
    Women are underrepresented in government and politics. There are 
relatively few women in senior government positions: Only 2 of the 18 
cabinet positions were filled by women, and of the 80 members of the 
unicameral legislature, only 7 were women.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups operated 
without government restriction, investigating and publishing their 
findings on human rights cases. Government officials were generally 
cooperative and responsive to their views. Representatives of various 
local and international NGO's, foreign diplomats, the ICRC, and U.N. 
human rights officers were able to monitor trials and to visit prisons 
and custodial facilities. Following allegations that it aided rebel 
forces, the ICRC was asked in January to suspend operations in the 
country. However, President Kabbah in June asked for the organization's 
return, and it subsequently resumed operations.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination against women and 
provides for protection against discrimination on the basis of race and 
ethnicity, except for the long-time prohibition against citizenship for 
persons with a non-African father. This provision effectively blocks 
citizenship for much of the sizable Lebanese community and for other 
persons with non-African fathers.
    Women.--Violence against women, especially wife beating, is common. 
The police are unlikely to intervene in domestic disputes except in 
cases involving severe injury or death. Domestic violence is not 
recognized as a societal problem. However, rape is recognized as a 
societal problem punishable by up to 14 years' imprisonment. There is a 
significant amount of prostitution: many women, especially those 
displaced from their homes and with few resources, resort to it to 
secure income for themselves and their children. Rebel forces used rape 
as a terror tactic (see Sections 1.c. and 1.g.) and forced women and 
girls to act as sexual slaves (see Sections 1.b., 6.c., and 6.f.).
    The Constitution provides for equal rights for women, but in 
practice women face both legal and societal discrimination. In 
particular their rights and status under traditional law vary 
significantly depending on the ethnic group to which they belong. The 
Temne and Limba tribes of the north afford greater rights to women to 
inherit property than does the Mende tribe, which givespreference to 
male heirs and unmarried daughters. However, in the Temne tribe, women 
cannot become paramount chiefs. In the south, the Mende tribe has a 
number of female paramount chiefs. Women are nevertheless very active 
in civic organizations and NGO's, were instrumental in pressuring the 
previous government to allow free and fair multiparty elections in 
1996, and were vocal representatives of civil society during the peace 
talks in Lome.
    Women do not have equal access to education, economic 
opportunities, health facilities, or social freedoms. In rural areas, 
women perform much of the subsistence farming and have little 
opportunity for formal education. The average educational level for 
women is markedly below that of men: only 6 percent are literate. At 
the university level, men predominate. Women are very active in civic 
and philanthropic organizations, and a significant number are employed 
as civil servants.
    Children.--Although the Government is committed to improving 
children's education and welfare, it lacks the means to provide basic 
education and health services for them. The law requires school 
attendance through primary school; however, schools, clinics, and 
hospitals throughout the country were looted and destroyed during the 
8-year insurgency, and most were not rebuilt. A large number of 
children receive little or no formal education. Schools are financed 
largely by formal and informal fees, but many families cannot afford to 
pay them. In July senior officials of the Ministry of Education were 
charged with embezzling approximately $500,000 (1 billion leones), 
which was to have gone to pay arrears in teachers' salaries. The 
Ministry of Social Welfare, Gender, and Children's Affairs has primary 
responsibility for children's issues.
    The recruitment for military service by the CDF and the kidnaping 
and forced conscription of children into rebel forces were serious 
problems. An estimated 5,000 youthful soldiers served alongside adults 
during the civil conflict; some observers place the number at almost 
double that figure. Children, both on the CDF and AFRC sides, fought 
alongside their fathers and other family members. While the CDF forces 
accepted children as volunteers, this practice ended with the signing 
of the Lome Accord. However, most children who join the insurgent ranks 
do so under duress. For years rebels kidnaped young boys and girls to 
serve them and augment their forces and to perform as sexual slaves 
(see Sections 5, 6.c., and 6.f.). In some cases they have forced these 
children to commit atrocities involving family members. However, even 
children who escape and wish to leave the ranks sometimes are rejected 
by their families and communities because of their perceived 
involvement in rebel activities.
    Female genital mutilation (FGM), which is condemned by 
international health experts as damaging to both physical and 
psychological health, is widely practiced among all levels of society, 
although with varying frequency. The form practiced is excision. Some 
estimates of the percentage of women and girls who undergo the practice 
range as high as 80 to 90 percent. While UNICEF estimates the 
percentage of females who have undergone this procedure to be as high 
as 90 percent, local groups believe that this figure is overstated. No 
law prohibits FGM. A number of NGO's are working to inform the public 
about the harmful health effects of FGM and to eradicate it; however, 
an active mass campaign by secret societies countered the well-
publicized international efforts against FGM.
    People With Disabilities.--Questions of public facility access and 
discrimination against the disabled are not public policy issues. No 
laws mandate accessibility to buildings or provide for other assistance 
for the disabled. Although a few private agencies and organizations 
attempted to train the disabled in useful work, there was no government 
policy or program directed particularly at the disabled. There does not 
appear to be outright discrimination against the disabled in housing or 
education. However, given the high rate of general unemployment, work 
opportunities for the disabled are few.
    Some of the many individuals who were maimed in the fighting, or 
had their limbs amputated by rebel forces, are receiving special 
assistance from various local and international humanitarian 
organizations. Such programs involve reconstructive surgery, 
prostheses, and vocational training to help them acquire new work 
skills. The Lome Accord also called for the creation of a special fund 
to implement a program for rehabilitation of war victims, although the 
fund had not yet been established by year's end.
    National/Ethnic/Racial minorities.--The country's population is 
ethnically diverse and consists of at least 13 ethnic groups. These 
groups generally all speak distinct primary languages and are 
concentrated outside urban areas. However, all ethnic groups use Krio 
as a second language,little ethnic segregation is apparent in urban 
areas, and interethnic marriage is common. The two largest ethnic 
groups are the Temne in the northern part of the country and the Mende 
in the southern part; each of these groups is estimated to make up 
about 30 percent of the population.
    Ethnic loyalty remained an important factor in government, the 
armed forces, and business. Complaints of corruption within ethnic 
groups and ethnic discrimination in government appointments, contracts, 
military commissions, and promotions were common. There did not appear 
to be a strong correspondence between ethnic or regional and political 
cleavages. Ethnic differences also did not appear to contribute 
appreciably to the RUF rebellion, the 1997 coup, or the civil conflict 
during the year. No ethnic or regional base of voluntary popular 
support for the rebels was identifiable, and they controlled territory 
by terror and coercion rather than by popular consent.
    Residents of non-African descent face institutionalized political 
restrictions. The Constitution restricts citizenship to persons of 
patrilineal Negro-African descent. This constitutional restriction 
effectively denies citizenship to many long-term residents, notably the 
Lebanese community.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of association, and, in practice workers had the right to join 
independent trade unions of their choice. About 60 percent of the 
workers in urban areas, including government workers, are unionized, 
but attempts to organize agricultural workers and mineworkers have met 
with little success. All labor unions by custom join the Sierra Leone 
Labor Congress (SLLC), but such membership is voluntary. Police and 
members of the armed services are prohibited from joining unions. There 
are no reliable statistics on union membership, but the membership 
numbers have declined as a percentage of all workers with the virtual 
collapse of the small manufacturing sector.
    The Trade Union Act provides that 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. The 
registrar may reject applications 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 applicants seldom take such action.
    Workers have the right to strike, although the Government can 
require 21 days' notice. Union members may be fired for participating 
in even a lawful strike. No strikes were reported during the year. No 
laws prohibit retaliation against strikers.
    Unions are free to form federations and to affiliate 
internationally. The SLLC is a member of the International 
Confederation of Free Trade Unions.
    b. The Right to Organize and Bargain Collectively.--The 1971 
Regulation of Wages and Industrial Relations Act provides the legal 
framework for collective bargaining. 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 preparations for 
negotiations; in case of a deadlock the government may intervene.
    No law prohibits retribution against strikers. An employee fired 
for union activities may file a complaint with a labor tribunal and 
seek reinstatement. Complaints of discrimination against trade unions 
are made to a tribunal. Individual trade unions investigate alleged 
violations of work conditions to try to ensure that employers take the 
necessary steps to correct abuses.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced and bonded labor, including that performed by 
children; however, forced labor remains a problem. Under the Chiefdom's 
Council Act, individual chiefs may impose compulsory labor and may 
require 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 last Saturday in each month is declared 
a national cleanup day; in Freetown traffic is proscribed before 10:00 
a.m. so that all residents may clean their immediate areas. There was 
some compulsory labor, possibly including labor by children in rural 
areas.
    The AFRC/RUF rebels forcibly impressed young boys and girls into 
their ranks and forced them into involuntary servitude and to perform 
as sexual slaves. Many later became fighters with the rebel forces. 
Women were also forced to act as sexual slaves (see Sections 1.b., 5, 
and 6.f.).
    Rebel forces also forced civilians to labor as porters and workers 
in diamond fields under insurgent control months after the signing of 
the peace accord. On October 4, rebel forces seized a commercial bus on 
the Freetown-Bo highway and, after releasing the elderly on board, 
forced some 40 young male and female passengers to carry looted goods 
from the vehicle into the bush.
    d. Status of Child Labor and Minimum Age for Employment.--The 
minimum age for employment is officially 18 years, although children 
between the ages of 12 and 18 years may be employed in certain 
nonhazardous occupations, provided they have their parents' consent. In 
practice this law is not enforced because there is no government entity 
charged with the task. Children routinely assist in family businesses 
and work as petty vendors. In rural areas, children work seasonally on 
family subsistence farms.
    Because the adult unemployment rate remains high, few children are 
involved in the industrial sector. Foreign employers have hired 
children to work as domestics overseas at extremely low wages and in 
poor conditions. The Department of Foreign Affairs and International 
Cooperation is responsible for reviewing overseas work applications to 
see that no one under the age of 14 is employed for this purpose.
    The law requires school attendance through primary school. However, 
there is a shortage of schools and teachers, due both to inadequate 
government funding of public education and to the widespread 
destruction of educational facilities by rebel forces (see Section 5). 
Many children consequently enter the work force with few skills and 
with limited, if any, literacy. The Constitution prohibits forced and 
bonded labor, including that by children; however, such practices exist 
(see Section 6.c.).
    e. Acceptable Conditions of Work.--A 1997 law set the minimum wage 
at approximately $11 (21,000 leones) per month; it has not been 
adjusted since then. The minimum wage is not sufficient to provide a 
decent standard of living for a worker and family. Purchasing power 
continues to decline through inflation. Most workers support an 
extended family, often including relatives who have been displaced by 
the insurgency in the countryside, and it is common both to pool 
incomes and to supplement wages with subsistence farming.
    The Government's suggested workweek is 38 hours, but most workweeks 
for those who are employed exceed that figure.
    Although the Government sets health and safety standards, it lacks 
the funding to enforce them properly. Trade unions provide the only 
protection for workers who file complaints about working conditions. 
Initially a union makes a formal complaint about a hazardous working 
condition. If this complaint 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.
    f. Trafficking in Persons.--No law prohibits trafficking in 
persons. There were no reports of persons being trafficked to or from 
the country; however, rebel forces kidnaped young boys and girls, 
forcibly impressed them, and compelled the children to serve them and 
to perform as sexual slaves (see Sections 5 and 6.c.). Women also were 
forced to act as sexual slaves (see Sections 1.b., 5, and 6.c.).
                                 ______
                                 

                              SOMALIA \1\

    Somalia has been without a central government since its last 
president, dictator Mohamed Siad Barre, fled the country in 1991. 
Subsequent fighting among rival faction leaders resulted in the 
killing, dislocation, and starvation of thousands of persons and led 
the United Nations to intervene militarily in 1992. In a conference in 
Cairo, Egypt, in December 1997, all parties except two signed the so-
called ``Cairo Declaration.'' The Declaration provided for a 13-person 
council of presidents, a prime minister, and a national assembly. A 
national reconciliation conference held early in 1998 in Baidoa 
produced no significant results. There were no further attempts at 
national reconciliation during the year; however, in September during a 
speech before the U.N. General Assembly, Djiboutian President Ismail 
Omar Guelleh announced an initiative on Somalia to facilitate 
reconciliation under the auspices of the Inter-Governmental Authority 
for Development. Serious interclan fighting occurred in part of the 
country, notably in the central regions of Bay and Bakool, in the 
southern regions of Gedo and Lower Juba, and around Kismayo. Hussein 
Aideed is the leader of the Somali National Alliance (SNA), which 
continued to assert that it was the government of the entire country. 
There were occasional skirmishes between the SNA and other militias, 
including with forces supporting the breakaway former financier of the 
Aideed faction, Osman Atto, and with the Somali Salvation Alliance 
(SSA), led by Ali Mahdi. On June 11, Marehan and Habr Gedr militiamen 
captured the southern town of Kismayo from a rival militia led by 
General ``Morgan'' of the Majereteen subclan. Also in June the 
Rahanweyn Resistance Army regained control of the Bay and Bakool 
regions from Hussein Aideed. No group controls more than a fraction of 
the country's territory. International efforts to forge a peace accord 
achieved little during the year. There is no national judicial system.
---------------------------------------------------------------------------
    \1\ The United States does not have diplomatic representation in 
Somalia. This report draws in part on non-U.S. Government sources.
---------------------------------------------------------------------------
    Leaders in the northeast proclaimed the formation of the 
``Puntland'' state in July 1998. The Puntland's leader publicly 
announced that he did not plan to break away from the remainder of the 
country. In the northwest, the ``Republic of Somaliland'' continued to 
proclaim its independence within the borders of former British 
Somaliland, which had obtained independence from Britain in 1960 before 
joining the former Italian-ruled Somalia. Somaliland has sought 
international recognition since 1991. Somaliland's government includes 
a parliament, a functioning civil court system, executive departments 
organized as ministries, six regional governors, and municipal 
authorities in major towns. The ban in Puntland and Somaliland on all 
political parties remained in place. After the withdrawal of the last 
U.N. peacekeepers in 1995, clan and factional militias, in some cases 
supplemented by local police forces established with U.N. help in the 
early 1990's, continued to function with varying degrees of 
effectiveness. Repeated intervention by Ethiopian troops helped to 
maintain order in Gedo region, a base of support for a local radical 
Islamic group called Al'Ittihad. In Somaliland over 70 percent of the 
budget was allocated to maintaining a militia and police force composed 
of former troops. Police and militia committed numerous human rights 
abuses.
    Insecurity, bad weather, and crop-destroying pests helped worsen 
the country's already dire economic situation. In May Saudi Arabia 
lifted a 16-month ban against the export of livestock, which before the 
ban accounted for more than half the trade from some ports, somewhat 
improving matters. The country's economic problems caused a serious 
lack of employment opportunities and led to pockets of malnutrition in 
Mogadishu and some other communities.
    Serious human rights abuses continued throughout the year. Many 
civilian citizens were killed in factional fighting, especially in the 
Bay and Bakool regions between supporters of Hussein Aideed, most of 
whom came from the Habr Gedr subclan, and the Rahanweyn Resistance 
Army. There were numerous reports of human rights abuses by the Aideed 
forces. Key human rights problems remained the lack of political rights 
in the absence of a central authority; some disappearances; harsh 
prison conditions; arbitrary detention; the judicial system's reliance 
in most regions on some combination of traditional and customary 
justice, Shari'a (Islamic) law, and the pre-1991 Penal Code; 
infringement on citizens' privacy rights; some limits on the freedoms 
of assembly, association, and religion; restrictions on freedom of 
movement; discrimination against women; and the abuse of women and 
children, including the nearly universal practice of female genital 
mutilation (FGM). Abuse and discrimination against ethnic minorities in 
the various clan regions continued. There is no effective system for 
the protection of worker rights, and there were isolated areas where 
minority group members were forced to labor for local gunmen.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Political violence 
and banditry have been endemic since the revolt against Siad Barre, who 
fled the capital in January 1991. Since that time, tens of thousands of 
persons, mostly noncombatants, have died in interfactional and 
interclan fighting. Although reliable statistics were not available, a 
number of persons were killed during the year. In January during a 
fight for control of Kismayo, militia from the Habr Gedr/Marehan 
alliance shot and ran over nine Majereteen prisoners. In February in 
retaliation, Majereteen militia killed eight Marehan businessmen. An 
attempt in March by a warlord to collect taxes at a roadblock in north 
Mogadishu turned into an interclan battle that left at least 40 persons 
dead. In April fighting between militia loyal to Mohamed Qanyareh Afreh 
and soldiers loyal to Islamic courts (see Section 1.e.) in south 
Mogadishu resulted in the deaths of at least 30 civilians and injuries 
to almost 50 others. In late April and early May, fighting between 
forces loyal to Hussein Mohamed Aideed and forces from the Rahanwein 
Resistance Army for control of the town of Baidoa resulted in the 
deaths of several dozen civilians and numerous injuries.
    Although many civilians died as a result of fighting during the 
year, politically motivated extrajudicial murder was uncommon. The 
numerous extrajudicial killings during the year generally centered on 
conflicts over land or over job disputes. Militia working for Islamic 
courts in the south occasionally executed without trial persons 
suspected of criminal acts (see Section 1.e.).
    In July members of Ali Mahdi's Abgal sub-clan allegedly killed 
Osman Jeyte, a well-known comedian. The reason for the killing remained 
unclear, and there was no investigation.
    In August members of a Mogadishu militia fired on a demonstration 
by the Ismail Jumale Center for Human Rights in north Mogadishu, 
killing one person and injuring another (see Section 2.b.).
    In March a foreign worker with a religious organization was killed 
near the southern port of Ras Kaimboni. There was a report that the 
local deputy police chief and deputy military commander for Al'Ittihad 
were responsible; however, there no investigation and no arrests were 
made by year's end. In September a senior UNICEF official was killed, 
and as a result, the U.N. suspended activities in the south for 5 days. 
In September a well-known businessman, Haji Aboullahi Korehey, was 
killed during a battle between rival factions in the southern town of 
Kismayo.
    In February unknown persons killed Dr. Singh Bohgal, a Kenyan 
veterinarian. There was no investigation.
    There was an increase during the year in attacks within Ethiopian 
territory by armed groups opposed to the Government of Ethiopia, 
supported by Eritrea, operating out of Somalia. These attacks took the 
form of landmine incidents and hit-and-run attacks by guerrillas and 
bandits armed with small arms and grenades. In response the Ethiopian 
Government conducted military incursions into Somalia. Some civilians 
and combatants were killed as a result of these attacks and in 
confrontations between Ethiopian government forces and the guerrillas, 
although the total number of deaths could not be confirmed. In August 
Ethiopian troops fired on a group of Somali civilians protesting 
Ethiopia's occupation of their border town, killing two persons.
    No investigation was conducted into a 1998 attack by militia 
fighters on a World Food Program Convoy that killed two persons.
    The investigation into the 1997 killing of a Portuguese doctor 
still was pending at year's end.
    In 1997 a War Crimes Commission in Hargeisa in Somaliland began 
investigating the murder in 1988 of at least 2,000 local residents, 
including women and children, by Siad Barre's troops. Heavy rains in 
1997 revealed numerous mass graves in the Hargeisa area. During the 
year, the War Crimes Commission continued to record eyewitness accounts 
and other evidence.
    b. Disappearance.--There were no known reports of unresolved 
politically motivated disappearances, although cases easily might have 
been concealed among the thousands of refugees, displaced persons, and 
war dead. Kidnaping remained a problem, particularly for relief workers 
and critics of faction leaders. In February gunmen kidnaped two Oromo 
Liberation Front (OLF) officials and a senior Al'Ittihad official. 
Reportedly the gunmen, believed to be militiamen loyal to Habr Gedr, 
handed over the OLF officials to the EthiopianGovernment. There was a 
report that in April a veterinarian in Hagar was kidnaped by unknown 
persons and released unharmed later after paying a ransom. In May 
businessman Ali Shire Mohammed was kidnaped by unidentified militiamen 
in South Mogadishu. He was released later, reportedly after paying a 
ransom. Kidnaping also was a major concern in the northeast, where 
gunmen hijacked a number of vessels on the high seas and, in some 
cases, kidnaped the crews or passengers (see Section 1.d.). In March 
the crew of a foreign fishing vessel held since December 18, 1998, was 
released after a ransom was paid to their captors. In late April, 
gunman kidnaped two Finnish tourists sailing off the coast of Puntland, 
but released them a week later unharmed. In June gunman kidnaped four 
German nationals from their yacht off the coast of Puntland and 
demanded a ransom; however, in July they were released when their 
captors were attacked by Puntland militia.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--There were no reports of the use of torture by warring 
militiamen against each other or against civilians. Many incidents of 
torture probably are unreported. Although reliable statistics were not 
available, a large number of persons were injured as a result of 
interfactional and interclan fighting (see Section 1.a.).
    In April a domestic human rights group accused fighters loyal to 
warlord Hussein Aideed of routinely raping women in 15 villages in 
southern Qoroley district.
    In August members of a Mogadishu militia fired on a demonstration 
by the Ismail Jumale Center for Human Rights in north Mogadishu, 
killing one person and injuring another (see Section 2.b.).
    There were several bomb explosions during the latter half of the 
year in Hargeisa, Somaliland, including an explosion on December 21 at 
the U.N. Development Program office in Hargeisa. Somaliland police 
attributed the bombings to disgruntled persons who had failed to get 
jobs with various international organizations, and reported that a 
number of persons had been arrested in connection with the bombings.
    There were no reports of the use of harsh physical punishments by 
Shari'a courts, which in past years included public whippings, 
amputations, and stoning (see Section 1.e.).
    There was an increase in attacks within Ethiopia by armed 
opposition groups operating out of Somalia (see Section 1.a.). These 
attacks took the form of landmine incidents and hit-and-run attacks by 
guerrillas and bandits armed with small arms and grenades (see Section 
1.a.).
    Prison conditions varied by region. Conditions at the south 
Mogadishu prison controlled by the Aideed forces improved markedly in 
1997 after the start of visits by international organizations; however, 
conditions at the north Mogadishu prison of the Shari'a court system 
remained harsh and life threatening. Conditions elsewhere reportedly 
were less severe, according to international relief agencies. A prison 
established by the Mursade subclan at the border between north and 
south Mogadishu reportedly holds hundreds of prisoners. Conditions are 
described as adequate. The costs of detention are paid by the 
detainees' clans. In many areas, prisoners are able to receive food 
from family members or from relief agencies.
    The Jumale Center for Human Rights visited prisons in Mogadishu 
during the year. The government of Puntland permits prison visit by 
independent monitors; however, no such visits occurred during the year. 
Somaliland authorities permit prison visits by independent monitors; 
however, it is not known if any such visits occurred during the year.
    d. Arbitrary Arrest, Detention, or Exile.--In the absence of 
constitutional or other legal protections, various factions and armed 
bandits continued to engage in arbitrary detention, including the 
holding of relief workers. The crews and passengers of vessels on the 
high seas were hijacked frequently and held for ransom (see Section 
1.b.).
    In Somaliland a special security committee that includes the mayor 
of Hargeisa and local prison officials can order an arrest without a 
warrant and sentence persons without a trial. In July the mayor of 
Hargeisa sentenced five men to prison terms ranging from 3 months to 1 
year for heckling during a speech organized by the Government and the 
leaders of the Council of Elders. At the end of July, the Parliament 
abolished the emergency law that established the special security 
committees. The five men were released from prison in August.
    In December Somaliland authorities arrested five persons in Boroma, 
Somaliland and accused them of acts of subversion afterthey 
demonstrated against the Government on issues of employment, education, 
and reintegration assistance (see Section 2.b.).
    Lengthy pretrial detention in violation of the 1991 Penal Code was 
reported in Somaliland and Puntland.
    In August in Puntland the regional administration detained three 
journalists reportedly for writing articles critical of the government 
(see Section 2.a.).
    In February two Ethiopians were detained and deported, allegedly 
for engaging in Christian missionary activities in Somaliland. At the 
end of May, seven Ethiopians were arrested in Somaliland, allegedly for 
attempting to proselytize Christianity (see Section 2.c.).
    None of the factions used forced exile.
    e. Denial of Fair Public Trial.--There is no national judicial 
system.
    Some regions have established local courts that depend on the 
predominant local clan and associated faction for their authority. The 
judiciary in most regions relies on some combination of traditional and 
customary law, Shari'a law, the penal code of the pre-1991 Siad Barre 
government, or some combination of the three. For example in Bosasso 
and Afmedow criminals are turned over to the families of their victims, 
which then exact blood compensation in keeping with local tradition. 
Shari'a courts continued to operate in several regions of the country, 
filling the vacuum created by the absence of normal government 
authority. Shari'a courts traditionally ruled in cases of civil and 
family law, but extended their jurisdiction to criminal proceedings in 
some regions beginning in 1994. In the northwest, the self-proclaimed 
Republic of Somaliland adopted a new constitution based on democratic 
principles, but continued to use the pre-1991 Penal Code. A U.N. report 
issued in September noted a serious lack of trained judges and of legal 
documentation in Somaliland, which caused problems in the 
administration of justice. In Bardera courts apply a combination of 
Shari'a law and the former penal code. In south Mogadishu, a segment of 
north Mogadishu, the Lower Shabelle, and parts of the Gedo and Hiran 
regions, court decisions are based solely on Shari'a law. The five 
Islamic courts operating in Mogadishu are aligned with different 
subclans, raising doubts about their independence. The courts generally 
refrained from administering the stricter Islamic punishments, like 
amputation, but their militias administered summary punishments, 
including executions, in the city and its environs. With the collapse 
in December 1998 of the Shari'a courts in north Mogadishu headed by 
Sheikh Ali Dere, the application of physical punishment appears to have 
ceased.
    The right to representation by an attorney and the right to appeal 
do not exist in those areas that apply traditional and customary 
judicial practices or Shari'a law. These rights more often are 
respected in regions that continue to apply the former government's 
penal code, such as Somaliland.
    There were no reports of political prisoners.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--Looting and forced entry into private property 
continued, with the Bay, Bakool, and Lower Juba regions being 
especially hard hit. Following the June capture of Baidoa by the 
Rahanweyn Resistance Army, a few Rahanweyn families reportedly were 
evicted from their houses in South Mogadishu.
    Most properties that were occupied forcibly during militia 
campaigns in 1992-93, notably in Mogadishu and the Lower Shabelle, 
remained in the hands of persons other than their prewar owners.
    Approximately 40 percent of the population, or almost 300,000 
persons, have been displaced internally as a result of interfactional 
and interclan fighting.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The print media consist largely of 
short, photocopied dailies, published in the larger cities and often 
linked to one of the factions. Several of these newspapers nominally 
are independent and are critical of the faction leaders.
    Somaliland has two independent daily newspapers, one government 
daily, and an independent English-language weekly. Treatment of 
journalists in Somaliland reportedly improved during the year.
    In Puntland, Abulkadir Ali and Mohamed Deeq of the newspaper Sahan, 
and Ahmed Mohamed Ali of the newspaper Riyaq were arrestedby the 
regional administration, reportedly for writing articles critical of 
the Government.
    Most citizens obtain news from foreign news broadcasts, chiefly the 
British Broadcasting Corporation, which transmits a daily Somali-
language program. The major faction leaders in Mogadishu, as well as 
the authorities of the self-declared Republic of Somaliland, operate 
small radio stations.
    There is no organized higher education system in most of the 
country. In January a university opened in north Mogadishu, and about 
200 students attended classes during the year. On November 4, Amoud 
University opened in Boroma, Somaliland. A second university is 
scheduled to be opened in Hargeisa, Somaliland in 2000.
    b. Freedom of Peaceful Assembly and Association.--Many clans and 
factions held meetings during the year without incident, although 
usually under tight security. Although citizens are free to assemble in 
public, the lack of security effectively limits this right in many 
parts of the country. Few public rallies took place during the year 
without the sponsorship of an armed group. In August the Ismail Jumale 
Center for Human Rights organized a rally in north Mogadishu to protest 
the killing of Osman Jeyte, a well-known comedian (see Section 1.a.). 
Members of a Mogadishu militia fired on the demonstration, killing one 
person and injuring another.
    In December Somaliland authorities arrested five persons in Boroma, 
Somaliland, and accused them of acts of subversion after they 
demonstrated against the Government on the issues of employment, 
education, and reintegration assistance.
    Some professional groups and local NGO's operate as security 
conditions permit.
    The 1997 Somaliland Constitution established the right of freedom 
of association; however, political parties are banned in Somaliland. 
Puntland's leadership banned all political parties for 3 years, 
beginning in August 1998.
    c. Freedom of Religion.--There is no constitution and no legal 
provision for the protection of religious freedom, and there were some 
limits on religious freedom.
    Somalis overwhelmingly are Sunni Muslim. Some local administrations 
have made Islam the official religion in their regions, in addition to 
establishing a judicial system based on Shari'a law (see Section 1.e.). 
The Somaliland judicial system recognizes elements of Shari'a law as 
well as the pre-1991 Penal Code and traditional law (Xeer) (see Section 
1.e.).
    In March the Minister of Religion in Somaliland issued a list of 
instructions and definitions on religious practices. Under the new 
rules, religious schools and places of worship are required to obtain 
the Ministry of Religion's permission to operate. Entry visas for 
religious groups must be approved by the Ministry, and certain 
unspecified doctrines are prohibited.
    Local tradition and past law make it a crime to proselytize for any 
religion except Islam. Christian-based international relief 
organizations generally operate without interference, as long as they 
refrain from proselytizing. In February two Ethiopians were detained 
and deported, allegedly for engaging in Christian missionary activities 
in Somaliland. At the end of May, seven Ethiopians were arrested in 
Somaliland, allegedly for attempting to proselytize Christianity.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Freedom of movement continued to be 
restricted in most parts of the country. Checkpoints manned by 
militiamen loyal to one clan or faction inhibit passage by other 
groups. In the absence of a recognized national government, most 
citizens do not have the documents needed for international travel.
    As security conditions improved in many parts of the country, 
refugees and internally displaced persons continued to return to their 
homes. Approximately 17,000 Somali refugees were returned from Ethiopia 
under the auspices of the U.N. High Commissioner for Refugees (UNHCR) 
during the year. Despite sporadic harassment, including the theft of 
UNHCR food packages by militiamen and attacks on World Food Program 
convoys, repatriation generally took place without incident. The 
repatriation of refugees to Somaliland from Ethiopia continued during 
the year; however, there were several interruptions in the repatriation 
process due to misunderstandings among the refugees about their 
reintegration packages, allegations of corruption in the contracts for 
transport of the refugees, and inertia on the part of both the 
Somaliland authorities and the Ethiopiangovernment. Nevertheless, 
approximately 9,000 refugees had returned to Somaliland by year's end. 
However, despite the relative stability in many parts of the country, 
many citizens still flee to neighboring countries, often for economic 
reasons. During the year, most migrants left from the northeast and 
traveled via boat to Yemen. Hundreds of such migrants drowned during 
the year in accidents at sea.
    The number of Somali refugees in Kenya remained at approximately 
124,000 at year's end, down from more than 400,000 at the height of the 
humanitarian crisis in 1992. In Ethiopia the number of Somali refugees 
fell to 180,000 by October from over 200,000 a year earlier. Djibouti 
hosted approximately 21,500 Somali refugees in camps at year's end.
    As there is no functioning central government, there is no policy 
of first asylum nor are there any laws with provisions for the granting 
of refugee or asylee status. A small number of Ethiopian refugees 
remained in the country, mostly in the northeast near Bosasso. The 
authorities in Somaliland have cooperated with the UNHCR and other 
humanitarian assistance organizations in assisting refugees. There were 
no reports of the forced expulsion of those having a valid claim to 
refugee status.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    In the absence of a widely supported effective national government, 
recognized either domestically or internationally, citizens cannot 
exercise this right. In most regions, local clan leaders function as de 
facto rulers. Although many such groups derive their authority from the 
traditional deference given clan elders, most face opposition of 
varying strength from political factions and radical Islamic groups.
    In the Republic of Somaliland, the existence of which was endorsed 
by clan elders in 1991 and 1993, a clan conference led to a peace 
accord early in 1997. This accord demobilized militia groups, 
established a constitution and bicameral parliament with proportional 
clan representation, and elected a president and vice president from a 
slate of candidates. The Hargeisa authorities have established 
functioning administrative institutions in virtually all the territory 
they claim, which equals the boundaries of the Somaliland state that 
achieved international recognition in 1960. Political parties are 
banned in Somaliland.
    In March 1998, Puntland was established as a regional government 
during a consultative conference with delegates from six regions, 
including traditional community elders, the leadership of political 
organizations, members of legislative assemblies, regional 
administrators, and civil society representatives. Representatives of 
Puntland-based subclans chose Abdullahi Yussuf as President. Puntland 
has a single chamber quasi-legislative branch known as the Council of 
Elders, which plays a largely consultative role. Political parties are 
banned in Puntland.
    Although several women were important behind-the-scenes figures in 
the various factions, women as a group remained seriously 
underrepresented in government and politics. No women held prominent 
public positions, and few participated in regional reconciliation 
efforts.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several local human rights groups were active during the year. They 
investigated the causes of conflict in the Mogadishu area, protested 
the treatment of prisoners before the Shari'a courts, and organized 
periodic peace demonstrations. In August the Ismail Jumale Center for 
Human Rights organized a rally in north Mogadishu to protest the 
killing of well-known artist Osman Jeyte (see Section 2.b.). Women's 
NGO's played an important role in galvanizing support in the country 
for the initiative on Somalia launched by Djiboutian President Ismail 
Omar Guelleh.
    In Hargeisa in Somaliland, local NGO's appeared to operate freely 
and without harassment during the year.
    Several international organizations operated in the country during 
the year including the Red Cross, Care, the Halo Trust, and various 
demining agencies. In June Save the Children opened an office in 
Hargeisa to promote child protection and improve non-formal education 
among returned refugees.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    Societal discrimination against women and widespread abuse of 
children continued to be serious problems. The 1997 Somaliland 
Constitution contains provisions that prohibit discrimination on the 
basis of sex and national origin.
    Women.--Violence against women exists, although there are no 
reliable statistics on its prevalence. Women suffered 
disproportionately in the civil war and in the strife that followed. 
For example, there were reports that fighters loyal to Hussein Aideed 
routinely raped women in southern Qoroley district (see Section 1.c.). 
Women are subordinated systematically in the country's overwhelmingly 
patriarchal culture. Polygyny is permitted, but polyandry is not. Under 
laws issued by the former government, female children could inherit 
property, but only half the amount to which their brothers were 
entitled. Similarly, according to the tradition of blood compensation, 
those found guilty in the death of a woman must pay only half as much 
to the aggrieved family as they would if the victim were a man.
    Several women's groups in Hargeisa in Somaliland actively promote 
equal rights for women and advocate the inclusion of women in 
responsible government positions.
    Children.--Children remain among the chief victims of the 
continuing violence. Boys as young as 14 or 15 years of age have 
participated in militia attacks, and many youths are members of the 
marauding gangs known as ``morian,'' or ``parasites or maggots.'' Even 
in areas with relative security, the lack of resources has limited the 
opportunity for children to attend school. There are three secondary 
schools in Somaliland and more than three secondary schools in 
Mogadishu; however, only 10 percent of those few children who enter 
primary school graduate from secondary school. Schools at all levels 
lack textbooks, laboratory equipment, and running water. Teachers are 
trained poorly and paid poorly. The literacy rate is less than 25 
percent. The Somaliland authorities drafted a national education policy 
during the year.
    Female genital mutilation, which is widely condemned by 
international experts as damaging to both physical and psychological 
health, is a near-universal practice. Estimates place the percentage of 
women who have been subjected to FGM at 98 percent. Infibulation, the 
most harmful form of FGM, is practiced. The practice was illegal in 
1991, when the Siad Barre government collapsed, and in Somaliland it 
remains illegal under the Penal Code (see Section 1.e.); however, the 
law is not enforced. While U.N. agencies and NGO's have made intensive 
efforts to educate persons about the danger of FGM, no reliable 
statistics are available on their success.
    People With Disabilities.--In the absence of a functioning state, 
no one is in a position to systematically address the needs of those 
with disabilities. There are several local NGO's in Somaliland that 
provide services to the disabled.
    Religious Minorities.--Non-Sunni Muslims often are viewed with 
suspicion by members of the Sunni majority. There is strong social 
pressure to respect Islamic traditions, especially in Islamist enclaves 
such as Luuq in the Gedo region. There was an increase in religious 
intolerance among Muslims by Al'Ittihad. In north Mogadishu, Al'Ittihad 
forcibly took over two mosques. There reportedly have been other mosque 
takeovers in Puntland and Lower Shabelle.
    There was an influx of foreign Muslim teachers into Hargeisa in 
Somaliland to teach in new private Koranic schools. These schools are 
inexpensive and provide basic education; however, there were reports 
that these schools required the veiling of small girls and other 
conservative Islamic practices not normally found in the local culture.
    There is a small, low-profile Christian community. Christians face 
societal harassment if they proclaim their religion.
    National/Racial/Ethnic Minorities.--More than 80 percent of 
citizens share a common ethnic heritage, religion, and nomadic-
influenced culture. The largest minority group consists of ``Bantu'' 
Somalis, who are descended from slaves brought to the country about 300 
years ago. In most areas, members of groups other than the predominant 
clan are excluded from effective participation in governing 
institutions and are subject to discrimination in employment, judicial 
proceedings, and access to public services.
    Members of minority groups are subjected to harassment, 
intimidation, and abuse by armed gunmen of all affiliations.
Section 6. Worker Rights
    a. The Right of Association.--The 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. In view of the extent of the country's political 
and economic breakdown and the lack of legal enforcement mechanisms, 
trade unions could not function freely.
    The new Constitution of Somaliland established the right of freedom 
of association, but no unions or employer organizations yet exist.
    b. The Right to Organize and Bargain Collectively.--Wages and work 
requirements in the traditional culture are established largely by ad 
hoc bartering, based on supply, demand, and the influence of the clan 
from which the worker originates. As during past years, labor disputes 
sometimes led to the use of force or kidnaping (see Section 1.d.).
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The pre-1991 Penal 
Code prohibits forced labor; however, local clan militias generally 
forced members of minority groups to work on banana plantations without 
compensation.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Formal employment of children was rare, but youths 
commonly are employed in herding, agriculture, and household labor from 
an early age. The lack of educational opportunities and severely 
depressed economic conditions contribute to child labor.
    e. Acceptable Conditions of Work.--There was no organized effort by 
any of the factions or de facto regional administrations to monitor 
acceptable conditions of work during the year.
    f. Trafficking in Persons.--The pre-1991 Penal Code prohibits 
trafficking, and there were no reports of persons being trafficked in, 
to, or from the country.
                                 ______
                                 

                              SOUTH AFRICA

    South Africa is a multiparty parliamentary democracy in which 
constitutional power is shared between the President and the 
Parliament, which includes the National Assembly and the National 
Council of Provinces. President Thabo Mbeki leads the African National 
Congress (ANC) party, which holds 266 seats in the 400-seat National 
Assembly. The Parliament was elected in free and fair elections on June 
2; the Parliament, in turn, elected the President during its first 
sitting on June 14. The country's governing institutions and society 
continued to consolidate the democratic transformation initiated by the 
historic 1994 elections. The Government includes ministers from the 
African National Congress (ANC) and the Inkatha Freedom Party (IFP) but 
is dominated by the ANC, which gained in parliamentary strength in the 
June elections. The Democratic Party (DP) replaced the New National 
Party (NNP) as the official opposition in the National Assembly. The 
judiciary, including the Constitutional Court, is independent.
    The South African Police Service (SAPS) has primary responsibility 
for internal security, although the Government continues to call on the 
South African National Defense Force (SANDF) to provide support for the 
SAPS in internal security situations. The SAPS continued its major 
restructuring and transformation from a primarily public order security 
force to a more accountable, community service oriented police force; 
however, it remained understaffed, overworked, and undertrained. The 
SANDF and the SAPS border control and policing unit share 
responsibility for external security. The Government formed a Special 
Directorate of Investigations (SDI), dubbed ``the Scorpions,'' in mid-
year to coordinate efforts against organized crime. The civilian 
authorities generally maintain effective control of the security 
forces. However, some members of these forces committed human rights 
abuses.
    The economy continues to undergo important fundamental changes as 
the Government attempts to shift towards the manufacturing and services 
sectors and away from a historical focus on mining and commodities 
exports. The gross domestic product is $133 billion, of which 
manufacturing accounts for 20 percent, services 41 percent, and mining 
6.5 percent. Agriculture, though only 5 percent of the gross national 
product, is an important source of export earnings. Since the fall of 
apartheid, foreign investors have used the country as a base of 
operations for economic expansion into the Sub-Saharan region. The 
economy is driven largely by market forces, although some sectors such 
as banking and mining remain tightly controlled by a handful of 
powerful corporations. Although a privatization program is underway, 
the State holds majority stakes in the telecommunications, transport, 
and power sectors. The Government's Growth, Employment, and 
Redistribution macroeconomic program largely has been successful in 
controlling inflation and instilling discipline in government spending. 
Ownership of wealth remains highly skewed along racial lines. The 
disparity between skilled and unskilled workers is considerable, as is 
the income distribution gap between white and black, and urban and 
rural citizens. Official unemployment is approximately 25 percent, 
though figures are debated widely. A significant number of citizens, 
particularly blacks, are employed in the largely retail-oriented 
informal sector. The numerous social and economic problems that 
developed largely during the apartheid era are expected to persist for 
many years.
    The Government generally respected the human rights of its 
citizens; however, problems remain in several areas. Some members of 
the security forces committed human rights abuses, including killings 
due to use of excessive force, and there were deaths in police custody. 
In addition to killings by security forces, there were more than 200 
political and extrajudicial killings, but although political violence 
remained a problem, it was reduced slightly from 1998 levels, both in 
KwaZulu-Natal and countrywide. Security forces were responsible for 
torture, excessive use of force during arrest, and other physical 
abuse. The Government has taken action to investigate and punish some 
of those involved. Prisons are seriously overcrowded. The judiciary is 
overburdened, and lengthy delays in trials and prolonged pretrial 
detention are problems. Discrimination against women, violence against 
women and children, and discrimination against the disabled remained 
serious problems. Child labor, including instances of children forced 
into prostitution, is a problem. Vigilante violence and mob justice 
increased during the year. Trafficking in persons is a problem.
    The Truth and Reconciliation Commission (TRC), created to 
investigate apartheid-era human rights abuses, make recommendations for 
reparations for victims, and grant amnesty for full disclosure of 
politically motivated crimes, continued its work on a large backlog of 
amnesty and restitution applications following the release of its 1998 
report.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Police use of lethal 
force during apprehensions resulted in numerous deaths, and deaths in 
police custody also remain a problem. The Government's Independent 
Complaints Directorate(ICD) investigates deaths in police custody and 
deaths as a result of police action. The ICD reported 450 deaths as a 
result of police action between January and November. Of these deaths, 
192 occurred while in police custody, and 258 occurred as a result of 
police action. These figures represented a decrease compared with the 
estimated 789 deaths as a result of police action that occurred in 
1998. The ICD's report lists the subcategories under deaths in police 
custody, which include natural causes, suicide, injuries in custody, 
injuries prior to custody, and possible negligence. The ICD experienced 
some resistance to its activities from the SAPS; for example, members 
of the SAPS refused to appear in identity line-ups or to make 
statements; however, cooperation on the part of the SAPS reportedly 
improved by year's end.
    In January police opened fire with rubber bullets on a group of 
protestors with Muslims Against Global Oppression (MAGO) in Cape Town, 
killing one protestor and injuring several others (see Sections 2.b. 
and 2.c.).
    In October the trial of Dr. Wouter Basson, the head of the chemical 
warfare program under the former apartheid government, began. Dr. 
Basson faces 61 charges including 30 counts of murder, fraud, and 
narcotics trafficking. His trial was ongoing at year's end.
    The TRC denied amnesty to the killers of Steve Biko and Chris Hani, 
and granted it to the killers of Sizwe Kondile, Dr. Fabian Ribeiro, 
Piet Ntuli and Griffiths Mxenge, and to 10 right-wing activists 
responsible for a series of bombings that killed 21 persons. Other 
amnesty applications involving killings remained pending (see Section 
4).
    In September a black lieutenant killed 6 white officers at an army 
base in Tempe before he was shot and killed. A Government investigation 
into the possibility that the shootings were the result of racial 
tensions on the base was ongoing at year's end.
    The South Africa Institute for Race Relations, a nongovernmental 
organization (NGO) that follows political and extrajudicial killings, 
reported 204 politically motivated killings during the first 7 months 
of the year, most of which occurred in the province of KwaZulu-Natal, 
compared with 219 for the same period in 1998.
    On January 23, the general secretary of the United Democratic 
Movement (UDM), Sifiso Nkabinde, was killed in Richmond, KwaZulu-Natal. 
Within hours of the killing, 11 persons associated with the ANC were 
killed and several others wounded in what appeared to be a retaliatory 
attack. Seven persons were arrested in connection with the Nkabinde 
killing. All seven were denied bail and remained in detention awaiting 
a trial scheduled for March 2000. One person was arrested for the 
retaliatory attack--he also was denied bail, and is scheduled to appear 
in court in March 2000. In March one ANC member and four UDM members 
were killed in Cape Town; reportedly as the result of both political 
and economic competition. On November 2, a prominent Zulu leader and 
ANC member, Prince Cyril Zulu, was killed by unknown persons. It is not 
known whether this was a politically motivated killing; no suspects 
were arrested by year's end.
    A peace process continued between the IFP and the ANC, the two 
parties most closely associated with the political violence in KwaZulu-
Natal. In May 3 weeks before the general elections, a special 
provincial bilateral IFP-ANC Peace Committee signed a provincial peace 
code of conduct. Although violence in KwaZulu-Natal remained higher 
than in other provinces, resulting in dozens of deaths during the year, 
there was an improved level of overall tolerance during campaigning and 
voting, attributable to the IFP-ANC talks as well as an increased 
police presence. Complaints to the committee concerned primarily 
posters being removed or defaced, individuals being threatened because 
of political affiliations, and other incidents of intimidation. There 
are several theories to explain the violence in KwaZulu-Natal, 
including a legacy of ``warlordism'' that fuels interparty conflict, 
and the actions of criminal elements involved in a Mafia-like illegal 
trade in drugs, arms, and wildlife. Some have blamed an undefined 
``third force,'' which allegedly combines criminal and conservative 
elements determined to undermine the new political order. Observers 
warn that the fact that the province has not yet been demilitarized and 
disarmed promotes the area's violence.
    Violence in Richmond was reduced significantly during the year due 
largely to the replacement in 1998 of the regular police force in the 
area with a special, larger ``public order police'' force.
    Taxi drivers in crime-ridden neighborhoods were responsible for a 
continuing series of attacks on rivals. Conflict between warring taxi 
companies resulted in gun battles and other street violence, frequently 
resulting in deaths and injuries to bystanders. The SAPS began an 
investigation of the Cape Town taxi rivalries that caused approximately 
13 deaths as of July and a large number of injuries. No arrests were 
announced at year's end.
    Vigilante action and mob justice remained problems. In Northern and 
Mpumalanga Provinces, a vigilante group called Mapogo A Mathamaga has 
grown in membership and has opened offices in at least nine cities, 
including Pretoria. Mapogo members attackedand tortured, including 
beating with clubs and whips, suspected criminals and drug dealers. 
Some members of the Cape Town-based People Against Gangsterism and 
Drugs (PAGAD), an Islamic-oriented, community-based organization that 
called for stronger action against crime and drugs, engaged in acts of 
intimidation and violence against suspected drug dealers, gang leaders, 
and critics of its violent vigilantism. Gun battles erupted between 
this group and other gangs, but its earlier tactics of mass marches and 
drive-by shootings largely were replaced by pipe-bomb attacks, none of 
which resulted in deaths during the year (see Section 1.c.). Homes of 
suspected drug dealers and gangsters were targeted, as were homes of 
anti-PAGAD Muslim clerics, academics, and business leaders. In January 
a high-profile anti-PAGAD task force policeman was killed as he drove 
home after a police search of a farm suspected of being a hideout for 
PAGAD-affiliated persons. At year's end, there were 55 cases pending 
against over 100 PAGAD members in Western Cape courts. In December a 
court convicted one PAGAD member for murder. Another PAGAD member was 
acquitted of murder charges amid allegations of witness intimidation, 
including the killing of a witness.
    The murders of farm families in rural parts of the country have 
received considerable media attention. Between January and March, there 
were approximately 228 attacks on farms and smallholdings, usually by 
black assailants, which resulted in 31 killings of farm owners, most of 
whom were white. There is widespread concern that white farmers are 
being targeted for racial and political reasons, although no evidence 
exists that the murders are part of an organized political conspiracy, 
and statistics indicate that crimes against farmers occur at 
approximately the same rate as crimes against the general population.
    There were incidents of abuse and killings of black farm laborers 
by their white employers. NGO's claim that rural police and courts 
refuse to arrest whites in many incidents, and the Human Rights 
Commission (HRC) criticized the ``unfair collusion between the farmers, 
the police prosecution services, and the magistrates,'' citing several 
cases in which farmers attacked their employees without penalty.
    There were occasional reports of killings linked to the continued 
practice of witchcraft in some rural areas. In the Northern Province, 
where traditional beliefs regarding witchcraft remain strong, officials 
reported dozens of killings of persons suspected of witchcraft. The 
Government has instituted educational programs to prevent such actions.
    b. Disappearance.--There were no reports of politically motivated 
disappearances caused by government authorities or agents.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution's Bill of Rights prohibits torture and 
cruel, inhuman, or degrading treatment, and provides for the right to 
be free from all forms of violence from either public or private 
sources; however, some members of the police tortured and otherwise 
abused suspects and detainees through beatings and rape. The ICD 
reported 24 cases of torture and 8 cases of rape perpetrated by 
security forces between April and November; the Government investigated 
these allegations and prosecuted some offenders. In April the British 
Broadcasting Corporation broadcast a documentary that showed police 
officers beating and abusing four suspected criminals. Two of the 
officers were suspended and a trial against them was ongoing at year's 
end. There also were reports of police abuse of detainees awaiting 
deportation (see Section 2.d.). Broad efforts to reform police 
practices have reduced such activities substantially, and the ICD 
investigates reports of police misconduct and corruption (see Section 
1.a.). NGO's continued to conduct human rights education programs for 
the SAPS. In 1993 the SAPS Training Division initiated a human rights 
program and has trained 6,000 NGO and SAPS instructors who are, in 
turn, expected to train 90,000 police officers through 2001.
    In January police opened fire with rubber bullets on a group of 
MAGO protesters who attempted to attack a government building in Cape 
Town, killing one protester and injuring several others (see Sections 
1.a., 2.b., and 2.c.). In April police fired rubber bullets at teen-age 
protestors who were marching to a political rally. In August police 
used rubber bullets and tear gas to disperse a group of students whose 
peaceful demonstration led to looting (see Section 2.b.).
    Following the killing of an anti-PAGAD task force police officer in 
January (see Section 1.a.), police, while searching the homes of two 
senior PAGAD members, allegedly roughed-up the son of PAGAD's national 
coordinator.
    In 1998 police at a Guguletu police station severely beat a Cape 
Town journalist, Thabo Mabaso, after he went to the station to report a 
traffic accident. The officers responsible were initially suspended, 
then reinstated and transferred to another police station pending their 
trial scheduled for February 2000.
    Security personnel in detention centers beat refugees and robbed 
them of money and personal belongings (see Section 2.d.)
    The SAPS continued to undergo sweeping, mostly positive changes, 
including the institution of reforms designed to create partnerships 
between local police forces and the communities that they serve. The 
SAPS finalized the merger of the country's 11 former police forces into 
a single organization. Resignations and retirements of senior police 
officials have permitted the infusion of new personnel at senior 
levels, from both inside and outside the SAPS; these appointments also 
have served to further affirmative action within the SAPS. However, the 
SAPS has been left with deficiencies in midlevel leadership, and an 
institutional memory that has been harmful to its overall performance. 
The SAPS continued to be understaffed, overworked, and undertrained. 
The first intake of new recruits since 1994 occurred in 1998.
    The TRC granted amnesty to apartheid-era government officials 
responsible for the 1988 bombing of Khotso House in which 20 persons 
were injured, and to Jeffrey Benzien, a former police officer 
responsible for torturing anti-apartheid activists (see Section 4).
    There were a number of bombings during the year, which resulted in 
numerous casualties, including at least 80 pipe-bomb explosions in Cape 
Town for which no organization claimed responsibility. For example, in 
January a pipe-bomb exploded at the Victoria and Alfred Waterfront 
injuring 3 persons, and another pipe-bomb exploded at the downtown 
headquarters of the Cape Town police, injuring 11 persons. In November 
a pipe-bomb exploded at a crowded Cape Town beachfront restaurant 
injuring 48 persons. On December 23 a bomb exploded outside of a Cape 
Town restaurant injuring seven police officers. In December, the 
national coordinator of PAGAD, his wife, and two other members of PAGAD 
were arrested and charged with, among other things, possession of 
equipment for explosive devices; however, none of the charges 
specifically were in connection with the bombings. The wife was 
released on bail, and trials were ongoing at year's end.
    There were incidents of abuse, including killings, of black farm 
laborers by their white employers, and NGO's claim that rural police 
and courts refuse to arrest whites in many incidents (see Section 1.a).
    Vigilante action and mob justice resulted in attacks on suspected 
criminals and drug dealers, some of whom were tortured (see Section 
1.a.).
    Xenophobia is a growing problem. There were a number of violent 
attacks on foreigners, particularly refugees and asylum seekers. In 
December 1998, the U.N. High Commissioner on Refugees (UNHCR), the 
National Consortium on Refugee Affairs, and the HRC launched a campaign 
called ``Roll Back Xenophobia'' to raise public awareness of the 
situation and rights of refugees and the difference between refugees 
and economic migrants. The campaign has produced several publications 
and organized several public relations events.
    The trial of two suspects arrested for a series of bombings in 
January 1997, including a mosque in Rustenberg that injured two 
persons, was ongoing at year's end (see Section 5).
    Prison conditions generally meet minimum international standards; 
however, overcrowding remains a serious problem.
    In 1997 the Government commissioned the first of several planned 
``C-MAX'' prisons in Pretoria. C-MAX prisons are designed to hold the 
country's most dangerous criminals. Human rights groups have raised 
serious concerns regarding C-MAX facilities, including the Government's 
criteria for transferring prisoners from other prisons to a C-MAX 
facility and the restrictive, solitary conditions of the prisons 
themselves. No additional C-MAX prisons had begun operations by year's 
end.
    Parliament passed legislation in late 1998 to restructure the 
prison service and bring prison law in line with the Constitution. 
Parts of the Correctional Services Act went into effect in February, 
but the sections relating to treatment of prisoners still had not been 
implemented at year's end. A Judicial Inspectorate for prisons began 
operations during the year, and a number of civilian prison visitors 
were appointed throughout the country.
    Juveniles between the ages of 14 and 18 accused of serious crimes, 
including murder or rape, sometimes are placed in pretrial detention in 
prisons with adult offenders (see Section 5).
    The Government permits independent monitoring of prison conditions, 
including visits by human rights organizations.
    d. Arbitrary Arrest, Detention, or Exile.--The Bill of Rights 
prohibits detention without trial, and the Government generally 
respects this right in practice. It also provides that every detained 
person has the right to be informed promptly of the reasons for the 
detention; to be advised promptly of the right to remain silent and the 
consequences of waivingthat right; to be charged within 48 hours of 
arrest; to be detained in conditions of human dignity; to consult with 
legal counsel at every stage of the legal process; to communicate with 
relatives, medical practitioners, and religious counselors; and to be 
released (with or without bail) unless the interests of justice require 
otherwise.
    Courts and police generally respected these rights; however, there 
was a growing problem with bringing detainees to trial expeditiously. 
According to the HRC, prisoners wait on average for 6 months to be 
tried in the regional courts and 6 months to 1 year in the high courts; 
however, in extreme cases detention can extend up to 2 years. This 
problem primarily is the result of an understaffed, underfunded, and 
overburdened judiciary (both magistrates and prosecutors), with more 
cases than can be handled efficiently (see Section 1.e.). Parliament 
passed laws in 1997 mandating minimum sentences and refusing bail in 
most cases for certain serious offenses, which raised concern among 
some human rights groups about judicial independence and civil 
liberties (see Section 1.e.).
    There were no reports of forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent and impartial judiciary subject only to the Constitution 
and the law, and the Government respects this provision in practice.
    Under the Constitution, the Constitutional Court is the highest 
court for interpreting and deciding constitutional issues, while the 
Supreme Court of Appeal is the highest court for interpreting and 
deciding other legal matters. Generally magistrates' courts and high 
courts are the courts of original jurisdiction in criminal cases.
    Judges try criminal cases. The jury system was abolished in 1969. 
The presiding judge or magistrate determines guilt or innocence. In 
1998 Parliament passed the Magistrates Court Amendment Act, which made 
it compulsory to have a panel of lay assessors hear cases along with a 
magistrate in cases involving murder, rape, robbery, indecent assault, 
and assault leading to serious bodily harm. The two assessors may 
overrule magistrates on questions of fact. Magistrates also are 
required to use their discretion in using assessors in an advisory 
capacity in bail applications and sentencing. The Office of the 
National Director of Public Prosecutions (the so-called super Attorney 
General) exercises national control over prosecution policy, and 
applies a consistent national policy for the prosecution of offences. 
In 1998 Parliament established nine provincial directors and offices to 
coordinate and streamline prosecutions.
    The Bill of Rights provides for due process, including the right to 
a fair, public trial within a reasonable time of being charged, and the 
right to appeal to a higher court. It also gives detainees the right to 
state-funded legal counsel when ``substantial injustice would otherwise 
result.'' In practice the law functions as intended. However, a general 
lack of information on the part of accused persons regarding their 
rights to legal representation, and the Government's inability to pay 
the cost of those services are continuing problems. There was public 
concern about the capacity of the criminal justice system to deal with 
the high level of crime, as well as the continuing political violence 
in KwaZulu-Natal and elsewhere. The resurgence of vigilante justice 
(see Sections 1.a. and 1.c.) reflects these concerns.
    In 1997 parliament passed laws that provided minimum sentencing 
guidelines and provided for the refusal of bail in most cases for 
certain serious offenses. Some human rights groups expressed concern 
with parts of these new laws, stating that they would harm judicial 
independence and limit civil liberties. The law mandating minimum 
sentences came into force in 1998 and was used in December in the 
sentencing of a PAGAD member on charges of murder (see Section 1.a.) 
However, in October a Cape Town High Court Judge, when exercising his 
discretion, chose not to follow minimum sentencing guidelines in a rape 
case. The new bail law was upheld by the Constitutional Court.
    The Government and legal bodies have acted to redress historic 
racial and gender imbalances in the judiciary and the bar. The ranks of 
judges, magistrates, senior counsels, and attorneys are more reflective 
of society, although they still fall far short of a representative 
composition. On August 30, the Justice Minister criticized the 
judiciary for retaining vestiges of apartheid. He noted that the High 
and Constitutional Courts still were staffed mostly by whites--of 187 
judges, 142 are white--and had light caseloads, while the Magistrates 
courts were ``hopelessly underresourced.''
    There were no reports of political prisoners.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, government 
authorities generally respect these prohibitions, and violations are 
subject to effective legal sanction.
    In 1994 the Redistribution of Land Rights Act established the 
Constitutional Land Court and the Commission on Restitution of Land 
Rights. The Court's mission is to settle cases previously vetted and 
evaluated by the Commission. Claims only can be filed for land 
dispossessions following the promulgation of the Natives Land Act of 
1913, although this does not include dispossessions that occurred in 
1913, which marked the year of the Government's most significant land 
redistribution in favor of whites. The various forms of compensation 
offered to claimants are the return of the original land, a deed to 
another piece of land, financial remuneration, or preferential access 
to government housing. A deadline of December 31, 1998, was set for 
receiving claims. There is no deadline for completion of the claim 
settlements, and the pace at which cases are moving is slow. As of 
December 1998, 63,455 cases had been received, of which 4,000 were 
accepted and are under investigation. Only 795 claims had been resolved 
by year's end. A provision passed by Parliament in late 1997, which 
allows the Ministry of Land Affairs to offer settlements without first 
going to court, has expedited the resolution process.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government respects these 
rights in practice. However, these rights can be limited by law under 
some circumstances. Several apartheid-era laws that remain in force 
pose a potential threat to the media. In addition, the Constitution 
bans the advocacy of hatred based on race, ethnicity, gender, or 
religion, and that constitutes incitement to cause harm. Nevertheless, 
the press freely criticized both the Government and the opposition.
    Several laws from the apartheid era remain in effect that permit 
the Government to restrict the publication of information about the 
police, the national defense forces, prisons, and mental institutions. 
While these laws have not been enforced regularly, journalists perceive 
them to be a threat to the freedom of the press. Another law, the 
Criminal Procedure Act, could be used to compel reporters to reveal 
their sources. In June the South African National Editors' Forum 
(SANEF) launched a media campaign to compel changes to legislation that 
restrict the free flow of information. In July SANEF and the Government 
reached an informal agreement to introduce safeguards to prevent the 
use of the Criminal Procedure Act against journalists; however, in 
September the ICD stated that the Provincial Director of Public 
Prosecutions decided to invoke a section of the Criminal Procedure Act 
against an unnamed person. The Act reportedly was not invoked 
officially during the year; however, SANEF continues to push for a 
formal amendment of the Act that would ensure this agreement.
    The Government used both legislative and structural means to 
encourage greater racial, ethnic, and gender diversity in the ranks of 
the media. The media offer a broad range of news, opinion, and 
analysis. Coverage of news and expression of opinion is vigorous. 
However, high-ranking government officials on occasion have reacted 
sharply to media criticism of government programs and problems, going 
so far as to accuse journalists, particularly black journalists, of 
disloyalty. A few journalists fear that the Government would like to 
control the media. A larger number of journalists believe that the 
Government's sensitivity and its reaction to criticism cause self-
censorship in the media.
    Three publishing conglomerates own 80 percent of the newspapers in 
South Africa. All newspapers except one are independent. The 
independent Sowetan had the greatest circulation with an estimated 
readership of 1.2 million. Print media reaches only about 20 percent of 
the population due to illiteracy, the lack of newspapers in rural 
areas, and the cost of newspapers. The majority of the population 
receive the news through radio broadcasts.
    The state-owned South African Broadcasting Corporation (SABC) 
continues to own and control the majority of the television and radio 
outlets. In December the SABC became a limited company increasing the 
potential for private ownership and greater editorial independence; the 
process of splitting the corporation into commercial and public 
services is scheduled to begin in April 2000. The SABC is managed by 
black citizens, provides broadcasting in the country's main African 
languages, and offers balanced news coverage of the Government and the 
leading opposition parties. The SABC maintains editorial independence 
from the Government; however, the summary dismissal of several of the 
SABC's most senior journalists in late 1998 and early in the year 
raised concern about its tolerance for dissenting voices. During the 
period preceding the June elections, a number of opposition leaders 
accused the SABC of marginalizing their parties in its coverage of the 
campaign; however, the Independent Broadcasting Authority (IBA), the 
government agency that regulates broadcasters, ruled that there was no 
evidence of biased reporting by the SABC.
    The first commercial television station, E-TV, began broadcasting 
in October 1998. Most of E-TV's schedule consists of newscasts and 
foreign-produced programs. Majority ownership of E-TV is held by Midi 
Television, a black-owned consortium composed of anumber of South 
African associations and syndicates representing workers, women, and 
disabled persons.
    In addition to E-TV, the SABC competed with two pay-per-view 
broadcasters, M-NET and Multichoice, several commercial radio 
broadcasters, and a large number of low-power, not-for-profit community 
radio stations. The IBA has issued more than 100 community radio 
licenses since 1994; many of the licensees continue to experience 
startup and personnel-retention problems. Nevertheless, community radio 
provides radio access for the first-time to thousands of historically 
marginalized citizens, providing special event information and news 
tailored for specific interest groups.
    In 1997 a black-owned consortium acquired control of the country's 
leading black-oriented newspaper, the Sowetan, and of a major, 
traditionally white-oriented publishing business, Times Media Limited. 
These acquisitions made inroads into the historic monopoly of white 
citizens over the print and electronic media. Black citizens also are 
gaining access to the media through community radio and in upper level 
management positions at the SABC. In the spring, the HRC launched an 
investigation into racism in the media; the investigation focused 
journalists on the issue of subliminal racism, while creating some 
concern that it would have an intimidating effect on freedom of the 
press. The HRC monitored the media to assess whether allegations of 
racism are used to co-opt black journalists and to pressure white 
journalists into changing their reporting. The HRC's final report was 
delayed pending public hearings on the report scheduled for March 2000.
    In a landmark judgement in September 1998, the Supreme Court ruled 
that if journalists could prove that they had taken all the steps 
necessary to verify that the information they obtained was genuine and 
the articles published as a consequence were reasonable and not 
negligent in their reporting of the facts, journalists would not be 
liable if the information obtained was defamatory.
    There are several government agencies with media-related 
responsibilities. The IBA, created in 1994 to dismantle the 
Government's monopoly of electronic media and serve as a regulatory 
agency for the broadcast media, lost some of its independence in 1998 
when it was placed under the Minister of Post, Telecommunications, and 
Broadcasting. The Board of Censors reviews and passes judgment on 
written and graphic materials published in or imported into the 
country. The Board has the power to edit or ban books, magazines, 
movies, and videos. It regularly exercises that power, although with 
restraint. The Government Communications and Information Services, 
coordinates and facilitates communications with the citizenry through 
its Directorate for Media Diversity and Development, which began 
operations in March.
    There are no restrictions on academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally respects 
this right in practice.
    In January in Cape Town, the Government denied MAGO, a group 
believed to be associated with the radical Islamic-based political 
group Qibla, a permit to march in protest of U.S. and British air 
strikes against Iraq. Despite the denial, MAGO members demonstrated on 
January 7 and 8 and attempted to attack a government building in which 
a foreign dignitary was speaking. In attempts to disperse the 
demonstration, police arrested several protesters and opened fire on 
the protesters with rubber bullets, killing one protester and injuring 
several others. On January 13, the Government denied a permit to Qibla 
to demonstrate against Israel's occupation of Jerusalem on the last 
Friday of Ramadan; however, a magistrate overturned the denial and 
Qibla was permitted to march.
    In April police fired rubber bullets at a group of teenage 
protestors who were marching to a political rally in Umtata to 
commemorate the fifth anniversary of South Africa's first democratic 
elections (see Section 1.c). In August a group of secondary school 
students marched in protest of an ongoing labor dispute between 
teachers and the government. When some of the marchers began looting 
and vandalizing property, the police used teargas and rubber bullets to 
disperse the demonstration (see Section 1.c.).
    The Constitution provides for freedom of association, and the 
Government respects this right in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    Members of PAGAD complained that they were the target of police 
brutality. There was no indication that police targeted PAGAD members 
for investigation because of their religious affiliation. Some 
religious communities believe that the Government is too lenient in 
regards to PAGAD.
    In January the Government denied MAGO, a group believed to be 
associated with the radical Islamic-based political group Qibla, a 
permit to march (see Section 2.b.). MAGO members demonstrated despite 
the denial; police arrested several protesters, and fired rubber 
bullets that killed one protestor and injured several others (see 
Sections 1.a. and 1.c.). Also in January, the Government denied a 
permit to Qibla to demonstrate; however, a magistrate overturned the 
denial (see Section 2.b.).
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice.
    The law does not contain provisions for the granting of refugee or 
asylee status in accordance with the 1951 U.N. Convention Relating to 
the Status of Refugees and its 1967 Protocol. In November 1998, the 
National Assembly and the National Council of Provinces passed the 
Refugees Act--framework legislation that codified the country's 
obligations under the U.N. Convention and its Protocol; however, the 
act had not gone into effect by year's end. The Refugees Act stipulates 
that no persons shall be expelled, extradited, or returned to any other 
country if they face persecution due to race, religion, or political 
affiliation, or when ``his or her life, physical safety, or freedom 
would be threatened.'' The act also stipulates that designated refugees 
lose their status if they voluntarily return to their country of 
origin, take citizenship of another country, or if the circumstances 
that caused their flight from the country of origin change. However, 
the act stipulates that in order to renew their temporary residency 
permits, asylum seekers must return to the town in which they 
originally lodged their application to be recognized as refugees. 
Permits that are lost, stolen, or destroyed are not renewed. If found 
without a valid permit, asylum seekers are subject to arrest, 
detention, and deportation. However, until the Act goes into effect, 
the more restrictive Alien's Control Act of 1991 remains in effect. The 
Alien's Control Act does not differentiate between refugees and aliens, 
and does not take into account commitments made by Government in 
signing international conventions governing the treatment of refugees.
    The Government cooperates with the UNHCR and other humanitarian 
organizations in assisting refugees. The Government provides first 
asylum, granting applicants the right to work and study. There were 
9,536 applications for refugee status submitted during the year. Of 
those applications, 524 were accepted, 3,185 were rejected, and 1,193 
were cancelled. The rest still were outstanding at year's end. 
Recognized refugees include refugees from Angola, Burundi, Rwanda, the 
Democratic Republic of Congo, the Republic of Congo, Liberia, Somalia, 
and Sudan.
    About 70 percent of the thousands of illegal immigrants deported 
during the year came from Mozambique. Illegal immigrants are processed 
for deportation at a central facility, and sent back to Mozambique and 
Zimbabwe by weekly trains. Inadequate security on the trains allows 
many deportees to jump from the train en route, perpetuating the 
illegal immigration problem. Despite numerous procedural safeguards, 
efforts to combat a mounting illegal immigration problem occasionally 
resulted in the wrongful deportation of aliens legally in the country. 
However, no persons were returned forcibly to countries where they 
feared persecution. There also were credible reports of overcrowded, 
unhygienic detention facilities; beatings by security personnel in 
detention centers; and the theft of money and personal possessions from 
refugees by security personnel.
    Xenophobia led to a number of violent attacks on foreigners, 
particularly refugees and asylum seekers (see Section 1.c.).
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens exercised the right to change their government in June 
elections that observers deemed to be free and fair. There was an 
improved level of overall tolerance during the campaigning and voting 
period over the 1994 elections, attributable to IFP-ANC talks, as well 
as an increased police presence. Complaints primarily concerned posters 
being removed or defaced, individuals being threatened because of 
political affiliation, and other incidents of intimidation.
    The new Constitution went into effect in February 1997. Under its 
terms, the country retains a bicameral parliament, an executive state 
presidency, and an independent judiciary, including a constitutional 
court.
    The 400-member National Assembly was retained under the 
Constitution. A National Council of Provinces (NCOP), consisting of six 
permanent and four rotating delegates from each of the nine provinces, 
replaced the former Senate as the second chamber of Parliament. The 
NCOP, created to give a greater voice to provincial interests, must 
approve legislation that involves shared national and provincial 
competencies according to a schedule in the Constitution. An 18-member 
Council of Traditional Leaders, which the Constitution accords an 
advisory role in matters of traditional law and authority, was 
inaugurated in 1997.
    Two parties, the ANC and the IFP, continued to share executive 
power, although the ANC dominated the Government and gained in 
parliamentary strength in the June elections. The ANC fills 24 of the 
27 cabinet positions. In June the ANC leader, President Thabo Mbeki, 
succeeded Nelson Mandela as Head of State. As a result of the June 
elections, the Democratic Party (DP) replaced the New National Party 
(NNP) as the official opposition in the National Assembly. In addition 
to the ANC, IFP, DP, and NNP, the National Assembly includes the UDM, 
the African Christian Democratic Party, the Freedom Front, the Pan 
Africanist Congress, the United Christian Democratic Party, the Federal 
Alliance, the Afrikaner Unity Movement, the Azanian People's 
Organization, and the Minority Front.
    There are no legal impediments to women's participation in 
government; however, women are underrepresented in government and 
politics. Of the 400 National Assembly members 119 are women, while in 
the NCOP, 17 of the 54 permanent delegates are women. Women currently 
occupy three of four parliamentary presiding officer positions (speaker 
and deputy speaker of the National Assembly, chair of the NCOP). Women 
hold 8 of 27 ministerial positions, as well as 8 of 13 deputy 
ministerial slots.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Human rights groups operate without government restriction, 
investigating and publishing their findings on human rights cases. 
Government officials generally are cooperative and responsive to their 
views. Many organizations participate in governmental bodies that seek 
to gather public input and to fashion policies related to human rights.
    The government-created HRC is tasked with promoting the observance 
of fundamental human rights at all levels of government and throughout 
the general population. The HRC also has the power to conduct 
investigations, issue subpoenas, and hear testimony under oath. While 
commissioners were named in late 1995, the HRC's powers were not 
determined formally until May 1996. Its operations have been hampered 
by red tape, budgetary concerns, the absence of civil liberties 
legislation, several high-level staff resignations, and concerns about 
the HRC's broad interpretation of its mandate.
    The Office of the Public Protector investigates abuse and 
mismanagement by the Government, and acts as an office of last resort 
where citizens report unfair treatment by government organizations. 
Such complaints generally take the form of concerns over lost pension 
checks or unfair hiring practices. The office handles an increasing 
number of complaints but is hampered by severe resource constraints.
    Under its 1995 enabling legislation, the TRC was empowered to look 
into apartheid-era gross human rights abuses committed between 1960 and 
1994, to grant amnesty to perpetrators of a broad range of politically 
motivated crimes, and to recommend compensation for victims of human 
rights abuses. Due to the volume of work, the TRC's original 2-year 
mandate was extended to allow the continuation of amnesty hearings, and 
the TRC continued to operate freely throughout its fourth year. Its 5-
volume report was released in 1998, and a codicil is to be added upon 
completion of the amnesty process. In its report, the TRC found that 
apartheid was a crime against humanity, that the former apartheid 
regime was responsible for most of the human rights abuses during the 
era of its rule, and that the ANC and other liberation movements also 
committed abuses during their armed struggle. Following a court 
challenge in 1998, findings on former State President F.W. De Klerk 
were excised from the report, pending a hearing that has yet to be 
scheduled. Former President P.W. Botha was subpoenaed to testify in the 
TRC's amnesty hearings but refused and was convicted of contempt in 
1998. In June the Cape Town High Court overturned his conviction on 
procedural grounds.
    By January approximately 7,120 amnesty applications had been filed 
with the TRC. By year's end 700 cases remained outstanding, 300 of 
which remained unheard. An estimated 80 to 90 percent of all 
applications were from persons already incarcerated. In October the TRC 
began amnesty hearings on 10 former members of the Umkhonto we Sizwe, 
the armed wing of the ANC, for their role in a series of bar bombings 
in Durban in 1986. A decision still was pending at year's end. A 
decision on amnesty for the killer of ANC activist Ruth First still was 
pending. The applications for amnesty by the killers of South African 
Communist Party (SACP) leader Chris Hani and black consciousness leader 
Steve Biko were denied. Amnesty was granted to the killers of human 
rights lawyer Griffiths Mxenge, anti-apartheid activist Sizwe Kondile, 
ANC member Dr. Fabian Ribeiro, and minister Piet Ntuli, and to Jeffrey 
Benzien, a former police officer who tortured anti-apartheid activists. 
In December the TRC granted amnesty to 10 right-wing activists 
responsible for a series of bombings, which killed 21 persons and 
wounded almost 200, leading up to the 1994 elections. The TRC granted 
amnesty to a former Minister of Law and Order, Adriaan Vlok; the former 
Commissioner of Police, General Johan van der Merwe; the former head of 
the Vlakplaas police unit, Eugene de Kock; and 16 others for their 
roles in the 1988 bombing of Khotso house, a church headquarters in 
Johannesburg, which injured more than 20 persons. The TRC is still 
considering Vlok's amnesty applications forother offenses. The TRC 
granted amnesty to all applicants in the bombing of the Congress of 
South African Trade Unions (COSATU) House. The TRC granted amnesty to 
De Kock and General John Coetzee, head of the Security Branch from 1980 
to 1983 and National Police Chief from 1983 to 1987, for their roles in 
the bombing of ANC offices in London in 1982. In December De Kock was 
granted amnesty for his role in the murder of the ``Cradock Four'' in 
1985. In 1998 a Cape Town High Court overturned a blanket amnesty from 
the TRC for 38 high-profile ANC leaders, declaring there was no 
provision in the law for group amnesties. Twenty-nine of the leaders 
resubmitted individual amnesty applications, which the Committee 
declared to be invalid in March because the applications did not 
provide details of specific acts for which amnesty was being requested.
    The TRC report called for a reconciliation summit to be scheduled 
during the year, but had not received a formal response from the 
Government by year's end. The TRC also called for increased counseling 
services for victims of trauma, and consideration of a mechanism for 
restitution, such as a wealth tax. The Cabinet and Parliament have yet 
to approve the TRC's recommendations for an overall payment formula for 
reparations, which include monetary compensation as well as community 
support and legal and symbolic reparations. The Government had not 
resolved any of these matters by year's end; however, the processing of 
financial reparation applications from eligible victims continued 
through year's end. In 1998 interim assistance was given to those 
considered to be in the greatest financial difficulty. The TRC 
officially expressed concern regarding delays in implementing 
reparation measures along with doubt about the level of government 
support for reparation funding.
    In March the Director of Public Prosecutions revealed that his 
office had established a special unit to set up a process for 
proceeding against those who had failed to ask for amnesty or to whom 
amnesty had been denied. The unit would establish uniform criteria on 
which cases should be prosecuted; the criteria would include the 
strength of evidence available as well as the ``implications for 
national reconciliation.'' The case against Dr. Basson is the first, 
and at year's end only, case to be pursued by this unit (see Section 
1.a.).
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination on grounds of race, 
religion, disability, ethnic or social origin, color, age, culture, 
language, sex, pregnancy, or marital status. Legal recourse is 
available to those who believe that they have been discriminated 
against; however, entrenched attitudes and practices, as well as 
limited resources, limit the practical effect of these protections.
    Women.--There is a high rate of violence against women including 
rape, assault and battery, and domestic violence. Approximately 23,900 
women reported being raped between January and June. Police sources 
believe that a majority of rapes still are unreported. Entrenched 
patriarchal attitudes towards women are a significant factor in 
underreporting. Abused women have difficulty getting their cases 
prosecuted effectively and also often are treated poorly by doctors, 
police, and judges.
    The Domestic Violence Act, passed by Parliament in 1998 and enacted 
in December, defines victims of domestic violence, facilitates the 
serving of protection orders on abusers, provides places of safety for 
victims, allows police to seize firearms at the scene and arrest 
abusers without a warrant, and compels medical, educational, and other 
practitioners working with children to report abuse immediately. The 
Prevention of Family Violence Act of 1993 defines marital rape as a 
criminal offense, and it allows women to obtain injunctions against 
their abusive husbands and partners in a simpler, less expensive, and 
more effective manner than under previous legislation. However, the 
implementation process is inadequate, as the police generally are 
unwilling to enforce the act. As a consequence, a limited number of 
women pressed complaints under the law, despite government and NGO 
efforts to increase public awareness of it. Parliament began 
considering additional legislation to remedy these and other defects.
    While some progress has been made, the number of shelters for 
battered women remained insufficient. The SAPS continued to operate new 
units that deal specifically with domestic violence, child protection, 
and sexual violence, and which are intended, in part, to increase 
victims' confidence in the police, thereby leading to increased 
reporting of such crimes. However, these units often were hampered by a 
lack of training among officers.
    Discrimination against women remains a serious problem despite 
legal and constitutional protections, particularly in areas such as 
wages, extension of credit, and access to land. Progress was made in 
bringing customary law in line with constitutional provisions. The 
Recognition of Customary Marriages Bill, passed by Parliament in 1998, 
recognizes customary marriages, both monogamous and polygynous, but it 
does not address religious marriages, which are not recognized under 
law; however, the bill was not enacted into law by year's end. The bill 
includes a number of safeguards for women and children, including 
requiringa minimum age of 18 and the consent of both spouses to enter 
into such marriages and a court decree to dissolve them. The bill also 
addresses inequities of property arrangements under some customary 
laws. The 1998 Maintenance Bill, which, except for one section, was 
enacted into law in November, tightens procedures for child support 
payments and improves the ability of caregivers, most of whom are 
women, to collect maintenance payments from partners. Other 
legislation, such as the Employment Equity Act, and the Basic 
Conditions of Employment Act, counter discrimination against women in 
the workplace. The 1997 Interim Protection of Informal Land Act 
protects persons who have insecure and informal rights and interests in 
land; many women are in this category. There are 12 known women's 
private investment companies in the country.
    A number of governmental and nongovernmental organizations monitor 
and promote women's rights. The Office on the Status of Women, located 
in the Deputy President's office, coordinates departmental gender 
desks, which develop strategies to ensure integration of gender 
concerns in policy and planning. The Commission on Gender Equality 
(CGE), a constitutionally mandated body, is authorized to investigate 
allegations of gender discrimination and make recommendations to 
Parliament on any legislation affecting women. As with some of the 
other statutory watchdog bodies, the CGE continued to be hampered by a 
lack of funding. The Women's National Coalition, an umbrella 
organization of women's groups from labor, political parties, trade 
unions, and religious, cultural, and professional bodies, monitors and 
promotes women's equity and issues of interest to women.
    Polygyny continues to be practiced by several ethnic groups. 
Exacting a bride price (``lobola'') also is a traditional practice of 
some ethnic groups.
    Children.--The Constitution stipulates that children have the right 
``to security, education, basic nutrition, and basic health and social 
services.'' The Government remains committed to providing these 
services and has made some progress toward developing the mechanisms 
for delivering them, including improvements in the provision of 
education and a campaign against child abuse. However, the demand for 
such services far outstrips the resources available.
    The Schools Act and the National Education Policy Act, passed by 
Parliament in 1996, provide greater educational opportunities for 
disadvantaged children--traditionally black children--through a uniform 
system for the organization, governance, and funding of schools. It 
mandates compulsory education from ages 7 to 15 and ensures that 
children cannot be refused admission to public schools due to a lack of 
funds. Approximately 95 percent of school-age children are enrolled in 
school. The school funding formula, based on norms and standards tied 
to physical resources and performance, devotes 75 percent of 
nonpersonnel resources toward the 40 percent most needy schools. 
However, the availability and quality of primary schooling still is a 
problem, especially in rural areas where schools may not be easily 
accessible or children may have to work (see Section 6.d.). To address 
this problem, the Government is building many new schools, introducing 
basic skills development and prevocational training into the curriculum 
and, in some cases, developing plans to provide food for disadvantaged 
children.
    Student populations on university campuses are becoming more 
representative of the general population, with previously all-white 
universities reaching out to recruit students from black and colored 
communities. The enrollment of black students has risen to between 30 
and 40 percent at prestigious universities, including the University of 
Pretoria.
    Social programs known as ``Presidential Initiatives,'' which were 
included in the former Reconstruction and Development Program, 
continued to receive government support. These initiatives offer free 
health care to pregnant women and to children under 6 years of age and 
provide nutritious meals for primary school children.
    In December a Cape Town High Court ruled that children in squatter 
camps have a constitutional right to housing, and thus, are entitled to 
state-provided shelter. The High Court also ruled that children have a 
constitutional right to family, and therefore, have the right to be 
accompanied by their parents in state-provided shelter. The Government 
requested leave to appeal the case to the Constitutional Court due to 
the significant resource implications of this ruling.
    Violence against children remains widespread. While there has been 
increased attention to the problem by the Government, the public, and 
the media, a lack of coordinated and comprehensive strategies to deal 
with such crimes continues to impede the delivery of needed services to 
young victims. Reports of child rape have increased significantly, as 
have reports that men are committing rape due to a growing myth that 
having sexual intercourse with a virgin can cure HIV/AIDS.
    Traditional circumcision rituals still are practiced on teenage 
boys in rural areas of the Eastern Cape and KwaZulu-Natal and resulted 
in the hospitalization, mutilation, or death of several youths.
    Child prostitution is on the rise, primarily in Cape Town, Durban, 
and Johannesburg. There reportedly has been an increase in the number 
of children who live on the streets, and observers believe that this 
has contributed to the growing number of child prostitutes. The child 
sex industry increasingly has become organized, with children either 
being forced into prostitution or exploited by their parents to earn 
money for the family. In March the Parliament passed the Child Care 
Amendment Bill, which prohibits the commercial sexual exploitation of 
children. The Bill is scheduled to be implemented in January 2000.
    Female genital mutilation (FGM), which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, still is practiced in some rural areas of the 
Eastern Cape and KwaZulu-Natal, although it is not thought to be 
widespread. There is no legislation that addresses FGM; however, a 
person who subjects another to FGM is subject to the common-law offense 
of assault.
    Parliament passed legislation in 1995 prohibiting the detention of 
unconvicted juveniles in prisons, police cells, or lock-ups. A 1996 law 
gave courts limited discretion to detain in prison 14 to 18-year-old 
children who were awaiting trial for serious crimes such as murder or 
rape. The measure was expected to be temporary pending the 
establishment of ``places of safety'' for the detention of juveniles. 
However, due to delays in the establishment of such centers, provisions 
of the 1996 law lapsed in 1998. Amid concerns that dangerous juvenile 
offenders were being released to return to the streets, additional 
legislation was passed in 1998 to regulate limited pretrial detention 
of juvenile offenders accused of serious crimes. The law states that 
any child under the age of 14 must be released within 24 hours into the 
custody of a parent or guardian when possible.
    People With Disabilities.--The Constitution prohibits 
discrimination on the basis of disability. Society is increasingly open 
to the concept of persons with disabilities as a minority whose civil 
rights must be protected. The Government attempts to ensure that all 
government-funded projects take account of the needs of disabled 
citizens. However, in practice government and private sector 
discrimination against the disabled in employment still exists. 
According to an NGO, the Affirmative Action Monitor, fewer than two-
thirds of companies target the disabled as part of their affirmative 
action programs. The law mandates access to buildings for the disabled, 
but such regulations rarely are enforced, and public awareness of them 
remains minimal. The Employment Equity Act requires private firms with 
more than 50 workers to create an affirmative action plan with 
provisions for achieving employment equity for the disabled. The 
National Environmental Accessibility Program, an NGO comprising 
disabled consumers as well as service providers, has established a 
presence in all nine provinces in order to lobby for compliance with 
the regulations and to sue offending property owners when necessary.
    Religious Minorities.--Relations between the various religious 
communities generally are amicable. However, there is a concern among 
Christians about the perceived growing influence of Islam. Reports of 
violence perpetrated by PAGAD have fueled these concerns. PAGAD 
portrays itself as a community organization opposed to crime, 
gangsterism, and drugs; however, it is known for its violent 
vigilantism (see Section 1.a.). PAGAD also claims to be a multifaith 
movement, even though its orientation is Islamic and the vast majority 
of its members are Muslim. PAGAD is most active in the Western Cape, 
but also has branches elsewhere in the country. Surveys indicated that 
some two-thirds of Muslims supported PAGAD soon after its inception in 
1995, but that figure has dropped significantly since; the vast 
majority of Muslims no longer support PAGAD. While PAGAD continues to 
lose support when it is linked to violent acts, it gains sympathy when 
high-profile incidents occur that are perceived by the Muslim community 
to have been acts of discrimination against Muslims.
    PAGAD members disrupted prayers at mosques led by anti-PAGAD 
clerics. PAGAD also targeted the homes of anti-PAGAD Muslim clerics, 
academics, and business leaders.
    In January 1997, a mosque in Rustenberg was bombed in a series of 
bombings that also struck a post office and general store and injured 
two persons. Authorities arrested two suspects for the bombings, but 
their trials still were pending at year's end.
    In December 1998, a synagogue in Wynberg was bombed. Four suspects 
have been arrested, and their trials still were pending at year's end.
    Indigenous People.--The Constitution provides for the recognition 
of ``the institution, status, and role of traditional leadership,'' and 
requires the courts to ``apply customary law when that is applicable, 
subject to the Constitution and any legislation that specifically deals 
with customary law.''
    The Constitution further permits legislation for the establishment 
of provincial houses of traditional leaders and a National Council of 
Traditional Leaders, to deal with matters relating to traditional 
leadership, the role of traditional leaders, indigenous and customary 
law, and the customs of communities that observe a system of customary 
law. Six provinces have established houses of traditional leaders. 
Under the terms of the Constitution and implementing legislation, the 
National Council of Traditional Leaders was inaugurated in 1997. The 
Council is to advise the Government on matters related to traditional 
authorities and customary law. However, much work remains to be done to 
integrate traditional leadership and customary law into the formal 
legal and administrative system.
    National/Racial/Ethnic Minorities.--The Constitution and Bill of 
Rights prohibit discrimination on the basis of race, ethnic or social 
origin, and culture. The Government continued efforts to reorganize and 
redesign the educational, housing, and health care systems to benefit 
all racial and ethnic groups in society more equally. The Government 
has instituted an effective affirmative action program, and, under the 
Employment Equity Act, also requires private firms with more than 50 
employees to institute affirmative action programs. According to a 1996 
Department of Labor survey, 82 percent of private sector firms already 
have instituted affirmative action programs.
    According to the Affirmative Action Monitor, affirmative action 
policies have had little impact on the top echelons in business. Based 
on a consultants' survey in 1996, one-third of the organizations with 
no affirmative action program did not intend to implement one. Twelve 
percent of the companies surveyed stated that they had experienced a 
drop in standards or deterioration in quality of work due to 
affirmative action. However, the country's black majority increasingly 
is making inroads into the previously all-white entrepreneurial sector 
through pooled investments and acquisitions. The armed forces have 
struggled with the process of integrating blacks into the predominantly 
white officer corps.
    Xenophobia led to a number of violent attacks on foreigners, 
particularly refugees and asylum seekers (see Section 1.c. and 2.d.).
    The continued killings of mostly white farm owners by black 
assailants created concern that the white farmers were being targeted 
for racial and political reasons (see Section 1.a.) There also were 
reports that white employers abused and killed black farm laborers, but 
avoided penalty due to collusion with the authorities (see Section 
1.a.).
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for freedom 
of association and the right to strike, and these rights are given 
statutory effect in the 1996 Labor Relations Act (LRA). All workers in 
the private sector are entitled to join a union. Most workers in the 
public sector, with the exception of members of the National 
Intelligence Agency, and the Secret Service, also are entitled to join 
a union. In May the Constitutional Court struck down the prohibition on 
members of the National Defense Force joining a union, although they 
may not strike. No employee can be fired or discriminated against 
because of membership in or advocacy of a trade union. Union membership 
in the private sector has continued to decline steadily in the last few 
years as a result of job layoffs and declining employment, including in 
sectors that have been heavily unionized, such as mining. However, some 
public sector unions have experienced growth. Total union membership is 
approximately 3.4 million persons, nearly 35 percent of those employed 
in the wage economy.
    The largest trade union federation, COSATU, is aligned formally 
with the African National Congress (ANC) and the South African 
Communist Party (SACP). About 20 ANC members of the Cabinet have a 
COSATU leadership background, and the current premier of Gauteng, the 
country's richest province, is a former COSATU general secretary. 
COSATU's largest rival, the Federation of Unions of South Africa 
(FEDUSA), is an apolitical, multiracial federation that was formed in 
1997 by merging several smaller worker organizations. A relatively 
minor labor federation, the National Council of Trade Unions, while 
officially independent of any political grouping, has close ties to the 
PAC and the Azanian Peoples Organization.
    The LRA seeks to create an industrial relations regime that is 
stable and recognizes that basic worker rights need to be protected. 
The act protects workers against unfair dismissal, recognizes their 
right to form trade unions, provides for the right to strike, and 
establishes a simple set of procedures that protect striking workers 
from the threat of dismissal. Essentially, for a strike to proceed, all 
that is required is that a dispute be referred for conciliation. There 
is no time limit on conciliation efforts; however, if conciliation 
fails to resolve the dispute, or lasts more than 30 days, a trade union 
is entitled to advise an employer of intent to strike so long as it 
gives 48-hours notice to a private sector employer or 7-daysnotice to a 
state employer. Organized labor also has the right to engage in 
``socioeconomic protest,'' whereby workers can demonstrate, without 
fear of losing their jobs, in furtherance of broader social issues. The 
LRA also allows employers to hire replacement labor for striking 
employees, but only after giving 7 days' notice to the striking trade 
union. Employers have the right to lock out workers if certain 
conditions are met.
    The LRA applies to public sector as well as private sector workers. 
Public sector employees, with the exception of essential services and 
the three components of the security services, also are provided with 
the right to strike. While this right first was asserted in the Public 
Sector Labor Relations Act of 1993, the LRA simplifies and rationalizes 
collective bargaining in the public sector and the resort to industrial 
action.
    Wage negotiations between the Government and public sector unions 
led to a number of strikes by public sector employees during the year. 
In April 18,000 employees of 18 long distance bus companies went on 
strike, and in August 26,500 members of the Communications Workers' 
Union went on strike against Telkom, the Government's 
telecommunications parastatal.
    The Government does not restrict union affiliation with regional or 
international labor organizations.
    b. The Right to Organize and Bargain Collectively.--The law defines 
and protects the rights to organize and bargain collectively. The 
Government does not interfere with union organizing and generally has 
not interfered in the collective bargaining process. The LRA 
statutorily provides for ``organizational rights,'' such as trade union 
access to work sites, deductions for trade union dues, and leave for 
trade union officials, which strengthens the ability of trade unions to 
organize workers.
    Union participation as an equal partner with business and 
government in the National Economic Development and Labor Council, a 
tripartite negotiating forum, ensures a direct voice for labor in the 
formulation of economic, social, and labor policy.
    The LRA allows for the establishment of workplace forums that are 
intended to promote broad-based consultation between management and 
labor over issues such as work organization, corporate downsizing, and 
changes in production processes. The forums, in order to receive 
statutory protection, can be established by trade unions only in 
businesses with more than 100 employees. Although trade unions in a few 
factories have established workplace forums, the intent of the law is 
to build wide support within the trade union movement and business for 
such cooperative workplace relationships.
    To further reduce the adversarial nature of labor relations, the 
LRA also created a Commission for Conciliation, Mediation, and 
Arbitration (CCMA). Since its inception in 1996, the CCMA has resolved 
many disputes referred to it successfully and remains critical to the 
emergence of a less confrontational business climate. The CCMA also 
gradually is beginning to play an interventionist role by getting 
involved in disputes before they deteriorate into a full-fledged strike 
or lockout. A labor court and a labor appeals court are other important 
creations of the LRA. The labor court has jurisdiction to resolve 
disputes that the CCMA is unable to mediate to the satisfaction of both 
parties. Notwithstanding the existence of the CCMA and specialist 
courts for labor disputes, the thrust of industrial relations is to 
minimize the need for judicial intervention in labor relations, leaving 
it to the contending parties themselves to resolve disputes whenever 
possible.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--Forced labor by 
either adults or children is illegal under the Constitution; however, 
there were reports that children were forced into prostitution (see 
Section 5). Smugglers use the country as a transit and destination 
point for trafficking in persons for purposes of forced prostitution 
and forced labor (see Section 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits the employment of minors under the age 
of 15. Children between 15 and 18 years of age may not be employed in 
jobs that risk their ``well-being, education, physical or mental 
health, or spiritual, moral, or social development.'' However, the law 
gives discretionary powers to the Minister of Welfare to exempt certain 
types of work to allow individual employers or groups of employers to 
hire children under certain conditions (for example, on weekends and 
holidays when they are not in school). This is a common practice in the 
agricultural and informal sector. Child labor also is used on a more 
regular basis in the informal economy.
    According to the NGO Network Against Child Labor, an estimated 
200,000 children, some as young as 5-years-old, work in ruralareas, 
mostly in the agricultural sector. This figure does not include unpaid 
domestic work or children working in the informal sector. Child 
laborers from Zimbabwe and Mozambique work in the country on commercial 
farms, for the taxi industry, or as domestic servants. Child 
prostitution is a growing problem in metropolitan areas (see Section 
5). Child labor figures for the informal sector nearly are impossible 
to quantify, since the Government has yet to identify the size of the 
informal sector's contribution to employment and the economy in 
general. The Government has stated that it is committed to abolishing 
child labor through new legislation and improving the enforcement of 
current child labor laws.
    In 1998 the Ministry of Defense adopted a policy that raised the 
minimum age of enlistment into the National Defense Force from 17 to 
18; however, this policy does not become law until passage of the 
Defense Act, which still was under consideration by Parliament at 
year's end.
    Forced or bonded labor by children is illegal under the 
Constitution; however, there were reports that children were forced 
into prostitution (see Sections 5 and 6.c.).
    e. Acceptable Conditions of Work.--There is no legally mandated 
national minimum wage. Instead, unionized workers in the formal sector 
of the economy set wage rates on an industry-by-industry basis through 
annual negotiations with employer organizations. Such wages generally 
are sufficient to provide a decent standard of living for a worker and 
family. In those sectors where workers are not organized sufficiently 
to engage in the collective bargaining process, the Basic Conditions of 
Employment Act, which went into effect in December 1998, gives the 
Minister of Labor the authority to set wages, including, for the first 
time, for farm laborers and domestic workers. However, income 
disparities between skilled and unskilled workers and the income 
distribution gap between rural and urban workers mean that many workers 
are unable to provide a decent standard of living for themselves and 
their families.
    The Basic Conditions of Employment Act, which went into effect in 
December 1997, standardizes time-and-a-half pay for overtime, 
establishes a 45-hour workweek and longer maternity leave for women (4 
months instead of 3). A ministerial determination exempted businesses 
employing fewer than 10 persons from certain provisions of the act 
concerning overtime and leave.
    Occupational health and safety issues are a top priority of trade 
unions, especially in the mining and heavy manufacturing industries. 
Although attention to these issues has increased significantly, 
including passage in 1993 of the Occupational Health and Safety Act, 
the country's industrial and mining processes are dangerous and 
sometimes deadly. Government attempts to reduce mining fatalities 
culminated in the 1996 Mine Health and Safety Act, which went into 
effect in January 1997. The act provides for the right of mine 
employees to remove themselves from work deemed dangerous to health or 
safety. Moreover, it establishes a tripartite mine health and safety 
council and an inspectorate of mine health and safety tasked with 
enforcing the act and monitoring compliance with its provisions. The 
Act specifically makes it an offense for a company to discriminate 
against an employee who asserts a right granted by the act (for 
example, to leave a hazardous work site) and requires mine owners to 
file annual reports that provide statistics on health and safety 
incidents for each mine being worked.
    There are no laws or regulations in other industries that permit 
workers to remove themselves from work situations deemed dangerous to 
their health or safety without risking loss of employment.
    f. Trafficking in Persons.--The Alien Control Act prohibits 
trafficking in persons; however, South Africa is a destination point 
for the trafficking of persons from Mozambique, Thailand, and other 
countries. In August there were reports that women and girls from 
neighboring countries, particularly Mozambique, were lured into South 
Africa by Nigerian and other organized crime syndicates based in the 
country with the promise of jobs and decent wages, and then held as 
near-slaves on farms and other enterprises. In August a group of 
Mozambican women were discovered being held against their will in a 
brothel. The women apparently had been recruited in Mozambique to work 
as domestic servants, but upon arriving in the country were forced to 
work as prostitutes. Women from Thailand, and a few women from Cambodia 
and China, were being smuggled into the country for prostitution by 
Chinese and South African organized crime syndicates. While many of 
these women come willingly, some claim that they were tricked into 
coming, or that they were forced to continue working as prostitutes 
until they had paid off the cost of their transport.
    South Africa is also a transit point for a large trafficking 
network operating between developing countries and Europe, the United 
States, and Canada. Migrants from foreign countries, particularly 
China, India, the Middle East, former Eastern Bloc countries and other 
African countries, are lured to South Africa with stories of money and 
jobs in the West. Once in the countrythey are provided with 
documentation and accommodation before being moved on to final 
destinations where they are forced into prostitution, drug dealing, or 
other criminal activity or forced to work in factories as virtual 
slaves until they pay off the debt of their travel expenses. 
Traffickers apparently have identified the country as one in which 
fraudulent documents are easy to obtain and in which direct flight and 
shipping routes are available to most countries in the developed world.
    Government efforts to deal with trafficking through its police 
services are hampered by corruption, lack of training, and 
understaffing. The courts generally deal with trafficking through 
deportations and fines, rather than exacting criminal penalties. 
Reportedly there were some arrests and prosecutions during the year for 
trafficking, but no convictions.
                                 ______
                                 

                                 SUDAN

    The 1989 military \1\ coup that overthrew Sudan's democratically 
elected government brought to power Lieutenant General Omar Hassan Al-
Bashir and his National Salvation Revolution Command Council (RCC). 
Bashir and the RCC suspended the 1985 constitution, abrogated press 
freedom, and disbanded all political parties and trade unions. In 1993 
the RCC dissolved itself and appointed Bashir President. In 1996 Bashir 
won highly structured national elections as President, while a National 
Assembly with 275 of 400 members popularly elected in a deeply flawed 
process replaced the transitional national assembly. The opposition 
boycotted the electoral process. Despite the adoption of a new 
Constitution through a referendum in June 1998, the Government 
continued to restrict most civil liberties. Since 1989 real power has 
rested with the National Islamic Front (NIF), founded by Dr. Hassan al-
Turabi who became Speaker of the National Assembly in 1996. In November 
1998, the NIF renamed itself the National Congress (NC); NIF/NC members 
and supporters continue to hold key positions in the Government, 
security forces, judiciary, academic institutions, and the media. On 
December 12, Bashir declared a 3-month state of emergency, dismissed 
Turabi, and disbanded Parliament 2 days before it was to vote on a bill 
introduced by pro-Turabi legislators to reduce Bashir's presidential 
powers. The judiciary is subject to government influence.
---------------------------------------------------------------------------
    \1\ The United States does not have diplomatic representation in 
Sudan. This report draws in part on non-U.S. Government sources.
---------------------------------------------------------------------------
    The civil war, which is estimated to have resulted in the death of 
2 million persons, continued into its seventeenth year. The principal 
insurgent faction is the Sudan People's Liberation Movement (SPLM), the 
political wing of the Sudan People's Liberation Army (SPLA). The SPLA 
remains the principal military force in the insurgency. In April 1997, 
the South Sudan Independence Movement/Army, which broke away from the 
SPLA in 1991, and several smaller southern factions concluded a peace 
agreement with the Government. However, the SPLM/SPLA and most 
independent analysts regard the 1997 agreement as a tactical government 
effort to enlist southerners on the Government's side. The 1997 
agreement remains largely unimplemented, and there was significant 
fighting between progovernment and antigovernment elements of the 
Southern Sudan Independence Movement (SSIM) during the year. The SPLM/
SPLA and its northern allies in the National Democratic Alliance (NDA) 
carried out military offensives in areas along the borders with 
Ethiopia and Eritrea and in large parts of the south during the year. 
As in 1998, neither side appears to have the ability to win the war 
militarily. There was limited progress toward peace during theyear. 
Government and SPLM/SPLA delegations met with mediators from the 
Intergovernmental Authority for Development (IGAD) in Nairobi from July 
18-23 and participated in IGAD-mediated peace talks. The Bahr El Ghazal 
cease-fire, which began on July 15, 1998, was extended by both the 
Government and the SPLM in January, in April, and again in July. On 
August 10, the government offered a comprehensive cease-fire, which it 
extended in October through January 15, 2000. The SPLM similarly 
extended its cease-fire through the same dates, but effectively limited 
its offer to the humanitarian cease-fire as agreed to in Bahr El 
Ghazal. The Government and the SPLM met in Oslo May 25-26 and agreed in 
principle to the establishment of cross-line rail and road corridors 
for the delivery of humanitarian relief. Surveys were made during the 
year of possible routes.
    In addition to the regular police and the Sudan People's Armed 
Forces, the Government maintains an external security force, an 
internal security force, a militia known as the Popular Defense Forces 
(PDF), and a number of police forces, including the Public Order Police 
(POP), whose mission includes enforcing proper social behavior, 
including restrictions on alcohol and ``immodest dress.'' In addition 
to the group of regular police forces, there is the Popular Police 
Force, which is made up of nominees from neighborhood popular 
committees for surveillance and services, and which acts with police 
powers for political and social ends. Members of the security forces 
committed numerous serious human rights abuses.
    Civil war, economic mismanagement, over 4 million internally 
displaced persons in a country of an estimated 27.5 million persons, 
and, to a lesser extent, the refugee influx from neighboring countries 
have devastated the country's mostly agricultural economy. 
Approximately 80 percent of the labor force is engaged in agriculture. 
Exports of gum Arabic, livestock, and meat accounted for more than 50 
percent of export earnings. Private investment in the oil sector led to 
significant increases in oil production during the year. Reforms 
beginning in the early 1990's aimed at privatizing state-run firms and 
stimulating private investment failed to revive a moribund economy that 
is saddled with massive military expenditures and a huge foreign debt 
of approximately $21.5 billion. Per capita national income is estimated 
at $900 per year.
    The Government's human rights record remained extremely poor, and 
it continued to commit numerous, serious abuses. Citizens do not have 
the ability to change their government peacefully.
    Government forces were responsible for extrajudicial killings and 
disappearances. Government security forces regularly tortured, beat, 
harassed, arbitrarily arrested and detained, and detained incommunicado 
opponents or suspected opponents of the Government with impunity. 
Security forces beat refugees, raped women, and reportedly harassed and 
detained persons on the basis of their religion. Prison conditions are 
harsh, prolonged detention is a problem, and the judiciary is largely 
subservient to the Government. The authorities do not ensure due 
process and the military forces summarily tried and punished citizens. 
The Government infringed on citizens' privacy rights. The Government 
still does not fully apply the laws of war to the southern insurgency 
and has taken few prisoners of war (POW's).
    The easing of restrictions on press freedom, which began in 1997, 
ended as the Government repeatedly suspended publications that 
criticized or disagreed with the government line, and detained 
journalists. Moreover, all journalists continue to practice self-
censorship. The Government continued to restrict severely freedom of 
assembly, association, religion, and movement. In the context of the 
Islamization and Arabization drive, pressure--including forced 
Islamization--on non-Muslims remained strong. Fears of Arabization and 
Islamization and the imposition of Shari'a (Islamic law) fueled support 
for the civil war throughout the country. There are no independent 
human rights organizations.
    Violence and discrimination against women and abuse of children 
remained problems. Prostitution is a growing problem, and female 
genital mutilation is widespread. Discrimination and violence against 
religious minorities persisted, as did discrimination against ethnic 
minorities and government restrictions on worker rights. Child labor is 
a problem, and slavery remained a problem. Trafficking in persons 
continued. Government security forces were responsible for forced labor 
(including forced child labor), slavery, and the forced conscription of 
children.
    Cooperation with U.N.-sponsored relief operations was mixed. The 
Government allowed U.N. teams to perform humanitarian assessments in 
the Nuba Mountains on two occasions. Government forces periodically 
obstructed the flow of humanitarian assistance. Problems with relief 
flights in the south centered on the Government's frequent denials of 
aircraft clearances to the U.N.'s Operation Lifeline Sudan (OLS), 
particularly for Western Upper Nile.
    Insurgent groups continued to commit numerous, serious abuses. The 
SPLM/SPLA continued to violate citizens' rights, despite its claim that 
it was implementing a 1994 decision to assert civil authority in areas 
that it controls, and in many cases, has controlled for many years. The 
SPLM/SPLA was responsible for extrajudicial killings, beatings, rape, 
arbitrary detention, forced conscription, and occasional arrests of 
foreign relief workers without charge. The SPLM/SPLA again failed to 
follow through on its promise to investigate a 1995 massacre. A local 
Red Crescent worker and three government officials who were 
accompanying an International Committee of the Red Cross (ICRC) team in 
the south were killed while in the custody of the SPLA. SPLM/SPLA 
officials were guilty of, or complicit in, theft of property of 
nongovernmental organizations (NGO's) and U.N. agencies operating in 
the south. The ICRC reported in 1996 that the SPLA had begun to observe 
some basic laws of war; it takes prisoners on the battlefield and 
permits ICRC visits to some of them. However, the SPLA did not allow 
the ICRC to visit prisoners accused by the insurgent group of treason 
or other crimes, or those held in Southern Blue Nile State.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--In their attacks on 
insurgent forces, government troops killed a large number of civilians 
(see Section 1.g.). There were credible reports that government forces 
pursued a scorched earth policy aimed at removing populations from 
around the newly built oil pipeline and other oil production 
facilities, which reportedly resulted in some deaths. On numerous 
occasions, the Government bombed civilian facilities resulting in a 
number of civilian deaths, including children (see Section 1.g.). 
Explosions by government-laid landmines resulted in some deaths (see 
Section 1.g.). There were reports that during raids on civilian 
settlements government forces killed a number of persons (see Section 
1.g.).
    According to Human Rights Watch, at least three persons, Abdallah 
Chol, Hassan Abu Adhan, and Gladino (Sam) Okieny, reportedly died as a 
result of torture while in police custody. They had been detained in 
connection with the June 30, 1998 Khartoum bombings. There was no 
investigation into their deaths, nor were any police officers held 
accountable. University of Khartoum law student Mohamed Abdelsalaam 
Babeker was found dead on October 4, 1998, in a university dormitory, 
after being arrested by NIF security forces. An autopsy indicated that 
the cause of death was a brain hemorrhage allegedly caused by a head 
wound. A case was filed against an unknown person and the police 
reportedly conducted an investigation, but released no information. At 
year's end, the case was stalled due to failure to identify the 
defendants.
    There was no investigation into the January 1998, reports of 
reprisal killings of Dinka men by government forces.
    In July two State Ministers and numerous civilians reportedly were 
killed in Unity State during fighting between progovernment and 
antigovernment militias. It is widely believed that the Government 
provided direct support to the militia loyal to Paulino Matip. Both 
militias assert that the other was responsible for the killings. In May 
a barge operated by the U.N. World Food Program was attacked near the 
town of Adok resulting in the death of one persons and injuries to 
three others (see Section 1.g.). The area was the scene of fighting 
between progovernment and antigovernment militias, and it is not clear 
who was responsible for the attack.
    Insurgent forces reportedly committed political and other 
extrajudicial killings, particularly in areas of active conflict; 
however, details generally were unavailable. Sometime before March 30, 
a local Red Crescent worker and three government officials who 
accompanied an ICRC team near the town of Kong in the south were killed 
while in the custody of the SPLA under circumstances that remain 
unclear. The four were riding in an ICRC vehicle with two foreign ICRC 
workers on February 18 when they were detained by the SPLA. The two 
foreign workers were released on March 12. The SPLM alleges that the 
four were killed in crossfire during a rescue attempt. The SPLM neither 
arranged for the return of the bodies nor permitted an independent 
investigation.
    Rebel forces killed a large number of civilians during their 
attacks on government forces (see Section 1.g.). Insurgent forces laid 
landmines indiscriminately on roads and paths that killed and maimed 
both soldiers and civilians. Prisoners reportedly have died while in 
SPLA custody due to poor prison conditions (see Section 1.c.). There 
are reliable reports that rebel forces that captured villages along the 
border with Ethiopia in 1997 carried lists used to identify leading 
government figures whom they killed summarily.
    The SPLM/SPLA again failed to follow through on its promise to 
investigate a 1995 massacre.
    Ongoing fighting between ethnic Dinkas and Didingas in the New Cush 
and Chukudum areas in eastern Equatoria led to a number of deaths (see 
Section 5). On January 16, in Chukudum local Didingas led by an SPLA 
captain killed a Dinka SPLA captain and several officers. The killing 
led to an outbreak of violence among Dinka and Didinga refugees in the 
Kakuma refugee camp in Kenya. The fighting, which began on January 26, 
resulted in at least six deaths and numerous injuries. In October Dinka 
SPLA soldiers killed a Didinga chief. On November 8, gunmen attacked an 
aid vehicle carrying members of the Sudan Relief and Rehabilitation 
Agency (SRRA), the humanitarian wing of the SPLM/SPLA, outside of the 
town of New Cush and killed two persons, apparently in retaliation for 
the October killing. Later that evening, Dinka SPLA soldiers killed 
another SRRA official, apparently in reaction to the vehicle attack. No 
one has been held accountable for the killings.
    In February fighting between Arab pastoralists and African Masaleet 
tribes in Darfur led to more than a hundred deaths (see Section 5).
    b. Disappearance.--There were continued allegations that the 
Government was responsible for the arrest and subsequent disappearance 
of persons suspected of supporting rebels in government-controlled 
zones in the south and the Nuba mountains. Persons arrested by 
government security forces often were held for long periods of time in 
unknown locations without access to their lawyers or family members.
    There were reports that during raids on civilian settlements 
government forces abducted persons, including women and children (see 
Section 1.g.). Observers believe that some of the abductees were sold 
into slavery, while others were used as forced labor or drafted into 
the military. In some cases, observers believe that the abductees were 
eventually released or ransomed, and that in other cases some abductees 
were killed.
    In 1996 the Government established the Special Commission to 
Investigate Slavery and Disappearances in response to a resolution 
passed by the 1995 U.N. General Assembly. The commission technically 
still is functioning, but has yet to produce a final report. In May the 
Government formed the Committee for the Eradication of the Abduction of 
Women and Children. The committee and UNICEF jointly sponsored a 
workshop on abductions from July 27-29, during which the committee 
recognized abduction as a problem that the Government could and should 
address. The committee formed mechanisms to identify and return 
abductees. Several high-ranking Government officials participated in 
the activities of the committee. These mechanisms resulted in the 
identification and release of several hundred abductees, although the 
abductees had not been returned to their homes by year's end.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The new Constitution, implemented early in the year, 
prohibits torture; however, the Government's official and unofficial 
security forces continued to torture and beat suspected opponents and 
others. Security forces tortured youths, student leaders, and others 
whom they deemed opponents of the Government. The Government reportedly 
harassed, detained, and tortured lawyers whom they viewed as political 
opponents (see Section 1.e.). In 1997 the U.N. Special Rapporteur on 
Torture described torture as a fairly extensive problem. Refugees also 
were subjected to beatings and mistreatment (see Section 2.d.). There 
continued to be reports that security forces regularly harassed and at 
times used threats and violence against persons on the basis of their 
religious beliefs and activities (see Section 2.c.). Security forces 
used excessive force, including beatings and tear gas, to disperse 
unapproved demonstrations (see Section 2.b.). Members of the security 
forces rarely, if ever, were held accountable for such abuses.
    According to Amnesty International, journalist Mohamed Abd Al-Seed, 
who was arrested and detained by security forces for more than a month 
in April and May (see Section 1.d.), required medical treatment for 
infected wounds on his arms and legs as a result of being tortured 
severely while in detention.
    There were reports that security forces continued to torture 
persons in ``ghost houses,'' places where security forces detain 
government opponents incommunicado under harsh conditions for an 
indeterminate time with no supervision by the courts or other 
independent authorities with power to release the detainees.
    Government forces were responsible for injuring many civilians 
during attacks on insurgent forces, during raids on civilian 
settlements, and while bombing civilian targets (see Section1.g.). The 
explosions of government-laid landmines resulted in a number of 
injuries (see Section 1.g.). Soldiers were responsible for raping women 
(see Section 1.g.).
    In December police in Khartoum State injured five persons during a 
conflict over a church school (see Section 2.c.).
    The Criminal Act provides for punishments including flogging, 
amputation, and crucifixion--the public display of a body after 
execution. In a case involving ethnic clashes in the Darfur region in 
the west (see Section 5), an emergency court sentenced 10 persons to 
hanging and subsequent crucifixion. At year's end, the sentence had not 
been carried out pending confirmation of the High Court of Appeal and 
presidential approval.
    In June a Khartoum court ordered that 25 students from Ahlia 
University be flogged; they were charged with disturbances, and 
``obscene acts.'' The obscene acts apparently referred to the actions 
of the female students in wearing trousers (see 1.f.).
    On June 30, 1998, almost a dozen bombs exploded around Khartoum, in 
an alleged plot to mar official celebrations of the 1989 NIF coup. 
According to Human Rights Watch, at least three persons detained in 
connection with the June 30, 1998, Khartoum bombings reportedly died as 
a result of torture while in custody. According to Amnesty 
International, Reverend Lino Sebit reportedly confessed to involvement 
in the Khartoum bombings as a result of his torture and mistreatment 
(see Section 1.d.). .
    The Government's ``scorched earth'' policy resulted in a number of 
injuries (see Section 1.g.).
    According to Amnesty International, nine men convicted of bank 
robbery and imprisoned were deprived of food and sleep, forced to do 
heavy exercise in the heat, and had cold water thrown over them during 
winter by prison officials. One of the convicted robbers was ultimately 
acquitted, but prison officials tortured him so severely while in 
detention that he was blinded.
    Insurgent forces were responsible for a number of civilian injuries 
and for raping women (see Section 1.g.). Insurgent forces laid 
landmines indiscriminately on roads and paths that killed and maimed 
both soldiers and civilians (see Section 1.g.). There are credible 
reports of beatings and other punishment of prisoners by the SPLA 
rebels, but the only verifications have been reports by the ICRC and 
others who have been to SPLM prisoner war camps in earlier years.
    Conditions in government prisons remain harsh, overcrowded, and 
life threatening. Built before the country's 1956 independence, most 
prisons are maintained poorly, and many lack basic facilities such as 
toilets or showers. Health care is primitive, and food is inadequate. 
Minors often are held with adults. There was a report that 16 children 
who were living with their imprisoned mothers died during the year of 
diseases. Female prisoners are housed separately from men; rape in 
prison reportedly is rare. Prison officials arbitrarily denied family 
visits. High-ranking political prisoners reportedly often enjoy better 
conditions than other prisoners do.
    The Government does not permit regular visits of prisons by human 
rights monitors. No independent domestic human rights organizations 
monitor prison conditions.
    Prisoners reportedly have died while in SPLA custody due to the 
poor prison conditions. The SPLM allowed the ICRC to visit some POW's 
during the year.
    d. Arbitrary Arrest, Detention, or Exile.--The new Constitution 
implemented early in the year, prohibits arbitrary arrest and detention 
without charge; however, the Government continued to use arbitrary 
arrest and detention in practice. Legal provisions under the 1992 and 
1995 National Security Acts and Criminal Code effectively set a fairly 
simple process to detain anyone for 3 months. A presidential 
determination, supported by a magistrate, may serve to detain a person 
for an additional 3 months. Allegations continue that some persons are 
detained indefinitely.
    The law allows for bail, except for those accused of crimes 
punishable by death or life imprisonment. In theory the Government 
provides legal counsel for indigent persons in such cases; however, 
reports continue that defendants do not always receive this right, and 
that counsel in some cases only may advise the defendant and may not 
address the court. In some cases, courts have refused to allow certain 
lawyers to represent defendants. For example, in October 1998 the court 
ruled that leading human rights lawyer Ghazi Suleiman could not 
represent the accused in the Khartoum bombings trial.
    Authorities continued to detain political opponents of the 
Government during the year. As a result, many political activists 
reportedly keep overnight bags packed. Human rights activist Ghazi 
Suleiman was detained frequently (on at least fouroccasions--see 
Sections 1.e. and 2.b.), as were known leaders of banned political 
parties. On June 6, 84 persons were detained in Omdurman at the 
inauguration of a new political party, the Democratic Forces Front, 
(DFF--see Section 2.b.). In November authorities arrested several 
members of the government-aligned United Democratic Salvation Front who 
criticized the Government for its actions in the Unity State; 
reportedly all four were released later.
    A number of journalists were detained during the year, including 
Mohamed Abd Al-Seed, who was arrested and detained in April for more 
than a month; the editors in chief of the newspaper Al-Rai al-Akher and 
reportedly two other editors in chief, who were arrested and detained 
in June; and the chief editor and editorial director of Al Rai Al Aam, 
who were arrested and detained in May for a day (see Section 2.a.).
    There were reports that refugees were subject to arbitrary arrest 
(see Section 2.d.). Security forces also detained persons because of 
their religious beliefs and activities (see Section 2.c.). Generally, 
detentions based nominally on religion were of limited duration; 
because the practice of religion is not technically illegal, detainees 
could not be held formally on those grounds indefinitely. However, the 
Government often resorted to accusing, at times falsely, those arrested 
for religious reasons of other crimes, including common crimes and 
national security crimes, which resulted in prolonged detention. In 
November authorities arrested a religious leader who criticized the 
Government for being insufficiently Islamic, and several of his 
followers. Reportedly, all were released later without charge.
    In 1998 the Government arrested Catholic priests Hillary Boma and 
Lino Sebit and 18 other persons, charged them with involvement in the 
Khartoum bombings in 1998, and brought them before a military court for 
trial. Boma, Sebit, and the other defendants in the case have been held 
for a long period of time in an unknown location without outside 
contact, including with their families and lawyers. In December all of 
the defendants were released by presidential decree.
    Persons arrested by government security forces often were held for 
long periods of time in unknown locations without access to their 
lawyers or family members. For example, journalist Mohamed Abd Al-Seed, 
who was arrested on or about April 14, was held without charge until 
May 26. During most of that period he was held incommunicado (see 
Section 1.e.).
    In late December, the Government announced that it would release 
all political detainees. Those involved in the June 30 bombing case and 
the February 1998 Gezira bombing case were released as part of this 
amnesty in December.
    In February the SPLA detained a local Red Crescent worker, three 
government officials, and two ICRC members who were riding in an ICRC 
vehicle near the town of Kong in the south. The government officials 
and the Red crescent worker were killed while in the custody of the 
SPLA sometime before March 30 under circumstances that remain unclear 
(see Section 1.a.).
    In October two U.N./OLS employees were detained for a day by SSIM 
militia forces in Toch. There had been active conflict in the area and 
the local commander's actions apparently were taken independently.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The judiciary is not independent 
and is largely subservient to the Government. The Chief Justice of the 
Supreme Court, formerly elected by sitting judges, is nominated by a 
Judiciary Committee and appointed by the President. As the senior judge 
in the judicial service, the Chief Justice also controls the judiciary. 
On occasion, some courts display a degree of independence. Appeals 
courts on several occasions overturned decisions of lower courts in 
political cases, particularly public order courts.
    The judicial system includes four types of courts: Regular courts, 
both criminal and civil; special mixed security courts; military 
courts; and tribal courts in rural areas to resolve disputes over land 
and water rights and family matters. In November 1998, Parliament 
passed a bill to form a constitutional court, which was passed into law 
in December 1998, and the court's seven members were named that month. 
Constitutional Court Justices are appointed by the President. Within 
the regular court system there are civil and criminal courts, public 
order courts, which hear only minor public order issues, appeals 
courts, and the Supreme Court.
    The new Constitution implemented early in the year provides for 
fair and prompt trials; however, it resulted in no changes in practice. 
The 1991 Criminal Act governs criminal cases, and the 1983 Civil 
Transactions Act applies in most civil cases.
    Military trials, which sometimes are secret and brief, do not 
provide procedural safeguards, sometimes have taken place with no 
advocate or counsel permitted, and do not provide effective appeal from 
a death sentence. Other than for clemency, witnesses may be permitted 
to appear.
    Trials in regular courts nominally meet international standards of 
legal protections. For example, the accused normally have the right to 
counsel, and the courts are required to provide free legal counsel for 
indigent defendants accused of crimes punishable by death or life 
imprisonment. However, in practice these legal protections are applied 
unevenly. Persons arrested by government security forces often were 
held for long periods of time in unknown locations without access to 
their lawyers or family members. In the June 1998 bombings case, 
leading human rights lawyer Ghazi Suleiman was rejected by the court as 
a member of the defense team, reportedly because he had been requested 
by the defense counsel rather than by the defendants. Journalist 
Mohamed Abd Al-Seed, who was arrested in April, was held for over a 
month: during most of that period he was held incommunicado (see 
Section 2.a.).
    In 1989 the Special Courts Act created special three-person 
security courts to deal with a wide range of offenses, including 
violations of constitutional decrees, emergency regulations, some 
sections of the Penal Code, as well as drug and currency defenses. 
Special courts, on which both military and civilian judges sit, handle 
most security-related cases. Attorneys may advise defendants as 
``friends of the court'' but normally may not address the court. 
Lawyers complain that they sometimes are granted access to court 
documents too late to prepare an effective defense. Sentences usually 
are severe and implemented at once; however, death sentences are 
referred to the Chief Justice and the Head of State. Defendants may 
file appellate briefs with the Chief Justice.
    The Government dissolved the respected Sudanese Bar Association in 
1989 and reinstated it with an NIF-controlled leadership. In 1997 
elections for the leadership of the Bar Association, an NIF-associated 
group won overwhelmingly amid accusations of blatant fraud. Lawyers who 
wish to practice must maintain membership in the Bar Association. In 
April leading human rights lawyer Ghazi Suleiman was banned from the 
Bar Association's club property, arrested, and subsequently prosecuted 
for disturbing the peace in connection with his attempts to hold a 
symposium entitled ``The Role of the Advocate in His Society.'' He was 
found not guilty on appeal. Human rights monitors report that the 
Government continued to harass, detain, and torture members of the 
legal profession whom it viewed as political opponents.
    The Government officially exempts the 10 southern states, whose 
population is mostly non-Muslim, from parts of the Criminal Act; 
however, the act permits the possible future application of Shari'a law 
in the south, if the State assemblies so decide. No reports cited 
court-ordered Hudood punishments, other than lashings, in government-
controlled areas of the south. Fear of the imposition of Shari'a law 
remained a key problem in the rebellion.
    Parts of the south and the Nuba mountains fell outside effective 
judicial procedures and other governmental functions. According to 
credible reports, government units summarily tried and punished those 
accused of crimes, especially for offenses against civil order.
    Magistrates in SPLM/SPLA-held areas follow a penal code roughly 
based on the 1925 Penal Code. In rural areas outside effective SPLM 
control, tribal chiefs apply customary laws. In 1996 the SPLM 
proclaimed a civilian structure to eliminate the conduct of secret and 
essentially political trials such as those conducted by military 
commanders in previous years. The SPLM has a judicial system of county 
magistrates, county judges, regional judges, and a court of appeals. 
While officials have been appointed for most of these positions, the 
court system did not function in many areas due to lack of 
infrastructure, communications, funding, and an effective police force. 
Some cases were heard at the magistrate and county levels. The SPLM 
recognizes traditional courts or ``Courts of Elders,'' which usually 
hear matters of personal affairs such as marriages and dowries, and 
base their decisions of traditional and customary law. Local chiefs 
usually preside over traditional courts. Traditional courts are 
particularly active in Bahr El Ghazal. The SPLM is in the process of 
conducting a needs assessment for the courts.
    There are political prisoners in the country, although the 
Government maintains that it holds none. The Government usually charges 
political prisoners with a crime, allowing the Government to deny their 
status as political prisoners.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The new Constitution implemented early in the year 
provides for the inviolability of communication and privacy; however, 
the Government routinely interferes with its citizens' privacy. 
Security forces frequently conducted night searches without warrants, 
and they targeted persons suspected of political crimes. During student 
demonstrations in late September (see Section 2.b.), riot police 
reportedly broke into private homes to search for demonstrators. Some 
residents of Khartoum filed lawsuits against the riot police for 
violating their privacy and damaging property; however, the status of 
the lawsuits was unclear at year's end. In the north, security forces 
also targeted persons suspected of making alcoholic beverages, which 
are illegal.
    Security personnel routinely opened and read mail and monitored 
telephones. The Government continued to restrict the ownership of 
satellite dishes by private citizens through use of its licensing 
requirement.
    A Muslim man may marry a non-Muslim, but a Muslim woman cannot 
marry a non-Muslim, unless he converts to Islam (see Section 5); 
however, this prohibition is not observed or enforced universally, 
particularly in the south and among Nubans. Non-Muslims may adopt only 
non-Muslim children; no such restrictions apply to Muslim parents.
    Various government bodies have decreed on different occasions that 
women must dress according to modest Islamic standards (see Sections 
l.c. and 5). On June 13, 24 Nuban students of Ahlia University in 
Khartoum were arrested while picnicking in a Khartoum park. The 
students reportedly obtained appropriate permits to hold a picnic. The 
following day, the students were taken to a public order court and 
reportedly sentenced to fines of up to approximately $20 (50,000 
Sudanese pounds) and floggings, because they committed ``obscene 
acts'', apparently because female students were wearing trousers and 
the students were performing traditional Nuban dances that involved men 
and women dancing together. The sentences reportedly were carried out 
immediately after the trial. The students subsequently won an appeal 
and had their fines returned.
    Non-Muslim prison inmates were pressured to convert to Islam, as 
were PDF trainees, children in government-controlled camps for vagrant 
minors, and persons in government-controlled peace camps (see Sections 
1.g and 2.c.).
    There were credible reports that government forces pursued a 
scorched earth policy aimed at removing populations from around the 
newly built oil pipeline and other oil production facilities.
    The Government continued to raze squatter dwellings in Khartoum 
during the year, but also continued efforts to implement procedures to 
grant title and move squatters in advance of demolition. In October the 
First Vice President directed that the demolition of churches and other 
Christian facilities in Khartoum be suspended and that a committee be 
formed under the Second Vice President to review the issue (see Section 
2.c.).
    A wide network of government informants conducted pervasive 
surveillance in schools, universities, markets, workplaces, and 
neighborhoods. The Government disbanded political parties and prevented 
citizens from forming new political groups (see Section 2.b.). As a 
result of the adoption of the new Constitution and the passage of a new 
political parties law in December 1998, political parties are now 
legal. As of the end of the year, there were 17 registered parties. The 
Government continued to dismiss military personnel summarily as well as 
civilian government employees whose loyalty it considered suspect. The 
government committee set up in 1995 to review cases of persons 
summarily dismissed since the 1989 coup continued to function in 
theory; however, it has released no results since May 1996.
    Government-instituted neighborhood ``popular committees''-- 
ostensibly a mechanism for political mobilization--served as a means 
for monitoring households' activities. These committees caused many 
citizens to be wary of neighbors who could report them for 
``suspicious'' activities, including ``excessive contact'' with 
foreigners. The committees also furnished or withheld documents 
essential for obtaining an exit visa. In high schools, students 
sometimes were pressured to join pro-regime youth groups.
    Government forces burned and looted villages and stole cattle (see 
Section 1.g.).
    The Government continued to conscript citizens forcibly, including 
high school age children (see Sections 5 and 6.c.).
    As a result of the prolonged war, approximately 4 million persons 
are displaced internally (see Section 2.d.).
    The insurgent SPLM/SPLA generally is not known to interfere with 
privacy, family, home, or correspondence in areas that it controls, 
although correspondence is difficult in war zones; however rebel 
factions continued to conscript citizens forcibly including high school 
age children (see Sections 5 and 6.c.).
    There were unconfirmed reports that the SPLA forcibly recruited 
Sudanese refugees in northern Uganda for service in their forces.
    g. Use of Excessive Force and Violations of Humanitarian Law In 
Internal Conflicts.--Since the civil war resumed in 1983, an estimated 
2 million persons have been killed, and 4 million displaced internally 
as a result of fighting between the Government and insurgents in the 
south. Although there were numerous deaths during the year, observers 
believe that there were fewer deaths than in 1998. The civil war 
continued despite limited cease-fires, and all sides involved in the 
fighting were responsible for abuses in violation of humanitarian 
norms. At year's end, the Government controlled virtually all the 
northern two-thirds of the country, but was limited to garrison towns 
in the south. Government bombings continued despite unilateral 
declarations of a cease-fire. The town of Yei, the center of SPLM civil 
administration, was bombed repeatedly, killing at least one person, 
injuring several persons, and damaging the clearly marked Norwegian 
People's Aid-run hospital on March 5. The Government also repeatedly 
bombed the towns of Bentiu, Maridi, and Kajo Keji. On May 13, bombs 
from government aircraft reportedly struck a women's Koranic school in 
the town of Tahdaye in the east, killing 7 persons and wounding 25 
others. Whatever its intended targets, government aerial bombing is so 
inaccurate that it puts civilians at risk regularly. On May 22, 
government artillery fire reportedly struck the town of Talkuk in the 
east, resulting in 5 dead and 17 wounded.
    The Government reportedly violated the cease-fire on a number of 
occasions by carrying out raids and attacks on civilian settlements 
particularly in the Bahr El Ghazal. These raids were accompanied by 
killings, abductions, rapes, the burning and looting of villages, the 
theft of cattle, and significant displacement of civilian populations. 
For example, there was a report that in February government soldiers 
attacked the airstrip at Akoch in northern Bahr El Ghazal, killed 30 
persons, raped women, abducted persons, stole cattle, and burned the 
village center. There was a report that in March soldiers attacked the 
towns of Alal Non and Akoch in northern Bahr El Ghazal, killing 86 
persons and abducting 182 women and children. There were reports that 
in July the army attacked the towns in Ruweng county, burning several 
churches, abducting hundreds of persons, and killing dozens of 
civilians.
    There are frequent allegations that government or government-
associated forces have implemented a scorched earth policy along parts 
of the oil pipeline and around some key oil facilities. Those forces 
allegedly have destroyed villages and driven out inhabitants in order 
to create an uninhabited security zone.
    Victims of government bombings, and of the civil war in general, 
often flee to government-controlled ``peace camps.'' Some NGO's 
reported that persons in the peace camps were subject to forced labor 
and at times pressured to convert to Islam.
    Government forces routinely killed rebel soldiers captured in 
battle. Only a small group of prisoners captured before the 1989 coup 
and a few soldiers taken in the east in 1998 and during the year 
reportedly are held as POW's in government-controlled areas. In some 
cases, the Government does not concede that it holds POW's. The 
Government has not granted the ICRC access to the POW's.
    Government restrictions in practice limited or denied travel by 
nongovernmental relief organizations to many areas long controlled by 
insurgents. The U.N.'s OLS, a coalition of relief and aid NGO's, 
generally was allowed to operate in the south; however, at several 
points during the year, the Government denied flight clearances to the 
OLS to areas of Western Upper Nile, which exacerbated suffering there 
caused by fighting between progovernment and antigovernment militias. 
From June 21-24 and from September 15-29, U.N. teams conducted 
humanitarian assessment visits to rebel-held areas of the Nuba 
Mountains. From October 7-12, the U.N. conducted a humanitarian 
assessment in government-held areas of the Nuba Mountains; however, the 
U.N. has not yet been permitted to begin a humanitarian aid program for 
the Nuba Mountains.
    Government forces in the south raped women, and forcibly 
conscripted men and boys (see Sections 1.f. and 6.c.). Government 
forces routinely displaced, killed, and injured civilians, and 
destroyed clinics and dwellings intentionally during their offensive 
operations.
    The Government used landmines, including the laying of belts of 
mines around garrison towns, which resulted in the killing and maiming 
of both soldiers and civilians. During a March visit by Special 
Representative for Children and Armed Conflict, Olara Otunnu, both the 
Government and the SPLM agreed to cease using anti-personnel mines. At 
year's end, it was not clear to what degree the two sides were living 
up to their commitment. Insurgent forces continued to lay landmines 
indiscriminately on roads and paths that killed and maimed both 
soldiers and civilians.
    In July two State Ministers and numerous civilians reportedly were 
killed in Unity State during fighting between progovernment and 
antigovernment militias. Both militias assert that the other was 
responsible. On May 18, a barge operated by the U.N. World Food Program 
was attacked near the town of Adok. One person on the barge was killed, 
while three others were injured. The area was the scene of fighting 
between progovernment and antigovernment militias, and it is not clear 
who was responsible for the attack.
    Northern Muslim opposition groups under the 1995 NDA umbrella 
structure, which includes the SPLA, took military action against the 
Government. The NDA attacked government garrisons, the oil pipeline, 
and strategic points near the Ethiopian and Eritrean borders.
    The SPLA has taken a number of prisoners over the years. The ICRC 
regularly visited many of these prisoners, although it did not have 
access to prisoners held in Southern Blue Nile State. Prisoners 
reportedly have died while in SPLA custody due to extremely poor prison 
conditions, although there is no evidence of the massacres alleged by 
some in the north.
    There are credible reports of SPLA taxation and diversion of relief 
supplies. The SPLM leadership repeatedly has committed itself to 
eliminating these problems; however, in practice, it appears unable to 
impose consistently those commitments on its representatives in the 
field.
    Insurgent forces in the south raped women and forcibly conscripted 
men and boys (see Section 1.f. and 6.c.). Insurgent forces also 
routinely displaced, killed and injured civilians, and destroyed 
clinics and dwellings intentionally.
    Although details generally were unavailable, there were credible 
reports of civilian casualties as a result of conflict between Dinka 
and Didinga tribes around the town of Chukudum (see Sections 1.a. and 
5). Some of the Dinka incidents reportedly involved members of the 
SPLA.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The new Constitution implemented 
early in the year provides for freedom of thought and expression, and 
freedom of the press ``as regulated by law;'' however, the Government 
severely restricts freedom of speech and of the press. Government 
suspensions of newspapers, intimidation, and surveillance, facilitated 
in part by an informer network, continued to inhibit open, public 
discussion of political issues. Journalists practice self-censorship.
    As a result of a limited easing of press restrictions that the 
Government began in 1997, some lively discussions of domestic and 
foreign policy were published in the press. Nonetheless, the Government 
still exercised control of news reporting, particularly of political 
topics and criticism of the Government, through the National Press 
Council. The Press Law was amended at mid-year, creating the National 
Press Council (formerly the National Council for Press and 
Publications). The Press Council applies the Press Law and is directly 
responsible to the President, with the power to suspend any newspaper 
for 2 months and individual journalists for 2 weeks if it considers 
that they violated press guidelines. The Press Council consists of 21 
members: 7 selected by the President, 5 from the National Assembly, 7 
directly elected by journalists from the Journalists' Union, and 2 
selected by the Journalists' Union leadership.
    The Government and the Press Council routinely suspended 
publications. The independent Al Rai Al Akhar was shut down on January 
11 for 2 days, on June 22 for 2 days, on July 5 for 3 days, on July 26 
for 2 days, on August 17 for 1 week, on September 9 for 1 week, and 
suspended indefinitely by presidential decree on September 19. On July 
5, the daily newspapers Alwan, and Al Bayan were suspended for 3 days, 
and Al Bayan was suspended again on August 10 for 3 days. On August 31, 
Al Rai Al Aam was suspended for 2 days.
    On November 7, riot police broke up a press conference in the 
office of human rights activist Ghazi Suleiman (see Section 2.b.).
    Journalists often were arrested or detained. Freelance journalist 
Mohamed Abd Al-Seed was detained from about April 14 to May 26 and 
reportedly tortured (see Section 1.c.). The chief editor and editorial 
director of Al Rai Al Aam were arrested on May 24 for ``crimes against 
the State.'' Both were released on bail that evening, and no further 
steps were taken regarding their case. The editor in chief of the 
newspaper Al-Rai al-Akher was arrested and detained in June for 
``harming national security and dissemination of false information,'' 
after publishing a speech by the president of the National Democratic 
Alliance that called for resistance to the Government. There were 
reports that the editors in chief of two other newspapers, Elsharee 
Elsyasi and Al-Ousbou, also were arrested at the same time.
    All journalists, even in the privately owned Arabic daily press, 
still practice self-censorship. There are nine daily newspapers, and a 
wide variety of Arabic and English publications are available; however, 
they are subject to censorship.
    Radio and television are controlled directly by the Government and 
are required to reflect government and NIF/NC policies. Television has 
a permanent military censor to ensure that the news reflects official 
views.
    The Government often charged that the international, and 
particularly the Western, media have an anti-Sudan and anti-Islam bias.
    In spite of the restrictions on ownership of satellite dishes, 
citizens have access to foreign electronic media; the Government does 
not jam foreign radio signals. In addition to domestic and satellite 
television services, there is a pay cable network of six channels, 
which directly rebroadcasts uncensored Cable News Network (CNN), the 
London-based, Saudi-owned Middle East Broadcasting Corporation (MBC), 
Dubai-TV, and Kuwait-TV. Early in the year, the Government reportedly 
reached agreement with the British Broadcasting Corporation (BBC) to 
allow FM radio broadcasting; however, such broadcasting had not begun 
by year's end. Rebel movements have provided relatively few 
opportunities for journalists to report on their activities.
    Academic freedom does not exist. The Government used political 
criteria whenever possible in appointing new faculty members. In 
November the daughter of a prominent academic and outspoken government 
opponent, Dr. Farouq Kadouda, was beaten unconscious by unknown 
persons. A note was left next her body stating that the attack was a 
``warning;'' Dr. Kadouda received numerous anonymous threats of 
violence and retaliation should he continue to speak out against the 
government.
    b. Freedom of Peaceful Assembly and Association.--The declaration 
of the state of emergency and of martial law on June 30, 1989 
effectively eliminated the right of assembly, and the Government 
severely restricted this freedom. The authorities permitted only 
government-authorized gatherings and routinely denied permission for or 
disrupted gatherings that they viewed as politically oriented. Islamic 
orders associated with opposition political parties, particularly the 
Ansar and Khatimia, regularly are denied permission to hold large 
public gatherings. In April the Muslim Brotherhood, a registered 
political party, announced that it was denied permission to hold 
symposiums in Khartoum and Omdurman. On June 6, 84 persons were 
detained in Omdurman at the inauguration of the Democratic Forces Front 
(DFF). Eleven politicians present were charged with illegal assembly, 
disturbing public order, and causing a nuisance. They were released on 
bail and later acquitted. On November 7, riot police broke up a press 
conference in the office of human rights activist Ghazi Suleiman. At 
the press conference, leaders of the DFF, the New Democratic Movement, 
and the Naserite Movement discussed a memorandum they planned to hand 
to the President that called for expediting reconciliation between the 
Government and the opposition, restoration of democracy, a new 
constitution, an interim government, and the organization of free and 
fair elections. The Government dispersed several unapproved 
demonstrations during the year, often with excessive force that 
included beatings and tear gas.
    The Government severely restricted freedom of association. In 
December 1998 implementing legislation linked to the new Constitution 
that in theory would allow the existence of political parties passed 
into law. As a result, there are now 17 officially registered political 
parties; however, the legislation included restrictions that 
effectively prohibit traditional political parties if they are linked 
to armed opposition to the Government.
    Professional association members accused the Government of 
manipulating the elections held by many associations. In November 1997, 
journalists severely criticized the Government's manipulation of 
journalists' union elections to ensure victory by progovernment 
candidates.
    c. Freedom of Religion.--The new Constitution, implemented early in 
the year, provides for freedom of religion but states that ``Shari'a 
and custom are the sources of legislation;'' however, the Government 
severely restricts freedom of religion in practice. The Government 
treats Islam as the state religion and has declared that Islam must 
inspire the country's laws, institutions, and policies.
    Religious organizations are subject to the 1994 Societies 
Registration Act, which replaced the controversial 1962 Missionary 
Societies Act. It theoretically allows churches to engage in a wider 
range of activities than did the Missionary Act, but churches are 
subject to the restrictions placed on nonreligious corporations. 
Religious groups, like all other organizations, must be registered in 
order to be recognized or to gather legally. The Government also 
requires that houses of worship be approved. Registered religious 
groups are exempt from most taxes. Nonregistered religious groups, on 
the other hand, find it impossible to construct a place of worship or 
to assemble legally. Registration reportedly is very difficult to 
obtain in practice, and the Government does not treat all groups 
equally in the approval of such registrations and licenses. In recent 
years, the Roman Catholic Church has not been given permission to build 
new churches, although other Christian groups have received permission.
    The Government permits non-Muslims to participate in services in 
existing and otherwise authorized places of worship. The Government 
continued to deny permission for the construction of Roman Catholic 
churches; however, it permitted some makeshift structures to be used. 
There is a longstanding dispute between the Episcopal Church and the 
Government. In September the Episcopal Church stated that the 
Government had moved to seize a portion of the property on which church 
offices in Omdurman stand. A government-run health care center had 
operated on the site since 1973. The Church claims that it has a 
freehold title to the land, while the Government claims that it is a 
leasehold. The Church claims that the courts would not act 
independently of the Government in the case. At year's end, the 
Government reportedly had delayed moves to seize the property. In 
December police injured five persons in a clash in northwest Khartoum 
over an Episcopal Church school. Local authorities claim that the 
school was built without a proper permit, and they were trying to 
confiscate it despite a court ruling in favor of the church.
    Government authorities, using soldiers for security, reportedly 
have razed approximately 30 religious buildings with bulldozers since 
1990. In June local press reports indicated that an agreement was 
signed between the Human Rights Committee of the National Assembly and 
the Minister of Engineering Affairs of Khartoum State not to remove 
schools or houses of worship during slum demolitions unless adequate 
alternative sites were found. Nonetheless, State Minister for External 
Relations Gabriel Rorege reportedly wrote a letter of complaint asking 
for action by the chairman of the Religious Dialogue, Ahmed Abdel 
Rahman Ahmed, to prevent confiscations of schools in the displaced 
areas. In October the First Vice President directed that demolition of 
churches and other Christian facilities in Khartoum be suspended and 
that a committee be formed under the Second Vice President to review 
the issue.
    While non-Muslims may convert to Islam, the 1991 Criminal Act makes 
apostasy (which includes conversion to another religion) by Muslims 
punishable by death. In mid 1998, the Government began prosecution of 
an apostasy case against Faki Koko, a Nuban who was accused of 
converting from Islam. Faki Koko reportedly was released during the 
year, and allowed to leave the country for health reasons without 
charge or trial, although his current status and location remain 
unclear.
    Although the Government considers itself an Islamic government, 
restrictions often are placed on the religious freedoms of Muslims, 
particularly against those orders linked to opposition to the 
Government. Islamic orders such as the Ansar and the Khatimia regularly 
are denied permission to hold large public gatherings. In April the 
Muslim Brotherhood, a registered political party, announced that it was 
denied permission to hold symposiums in Khartoum and Omdurman. In 
November a religious leader was arrested, along with some followers, 
allegedly for accusing the Government of being insufficiently Islamic.
    Authorities continued to restrict the activities of Christians, 
followers of traditional indigenous beliefs, and other non-Muslims, and 
there continued to be reports of harassment and arrest for religious 
beliefs and activities. Catholic priests report that they routinely are 
stopped and interrogated by police. Security forces also detained 
persons because of their religious beliefs and activities (see Section 
1.d.).
    According to Human Rights Watch, local officials in western 
Kordofan detained and beat Christians, burned down Christian churches, 
and lashed Christian youths.
    The Government charged Reverend Hillary Boma and Reverend Lino 
Sebit along with 18 other persons with involvement in the June 1998 
Khartoum bombings, but released them in December (see Sections 1.d. and 
1.e.). The charges were viewed widely as unsubstantiated and possibly 
designed to intimidate Christians and the political opposition.
    Muslims may proselytize freely in the north, but non-Muslims are 
forbidden to proselytize. Foreign missionaries and religiously oriented 
organizations continue to be harassed by authorities, and their 
requests for work permits and residence visas are delayed. A foreign 
priest was deported in August. The priest reportedly was summoned by 
the immigration department on July 15 and told to leave the country 
within 2 weeks. No reason was given for his expulsion. The Government 
is least restrictive of Christian groups that historically have had a 
presence in the country, including Copts, Roman Catholics, and Greek 
Orthodox, and is more restrictive of newer arrivals.
    Various government bodies have decreed on different occasions that 
women must dress according to modest Islamic standards. This, at the 
least, entails wearing a head covering. For example, in January the 
governor of Khartoum State announced that women in public places and 
government offices and female students and teachers would be required 
to conform to what is deemed an Islamic dress code. However, none of 
these decrees have been the subject of legislation, and enforcement of 
the dress code regulations was uneven. In June a Khartoum court ordered 
that 25 students from Ahlia University be flogged; they were charged 
with disturbances, and ``obscene acts.'' The obscene acts apparently 
referred to the actions of the female students in wearing trousers (see 
1.f.).
    Children who have been abandoned or whose parentage is unknown--
regardless of presumed religious origin--are considered Muslims and can 
be adopted only by Muslims. Non-Muslims may adopt only other non-Muslim 
children. No equivalent restriction is placed on adoption by Muslims of 
orphans, or other abandoned children. These children are considered by 
the State to be both Sudanese citizens and Muslims, and therefore can 
be adopted only by Muslims. In accordance with Islamic law, Muslim 
adopted children do not take the name of their adoptive parents and are 
not automatic heirs to their property.
    PDF trainees, including non-Muslims, are indoctrinated in the 
Islamic faith. In prisons, government-supported Islamic NGO's offer 
inducements to and pressure non-Muslim inmates to convert. Some NGO's 
reported that persons in the government-controlled peace camps were 
subject to forced labor and at times pressured to convert to Islam (see 
Section 1.f.). Children, including non-Muslim children, in camps for 
vagrant minors are required to study the Koran, and there is pressure 
on non-Muslims to convert to Islam (see Section 5). Some children from 
Christian and other non-Muslim families, captured and sold into 
slavery, were converted forcibly to Islam.
    The Government bombed villages in the Nuba mountains, at times 
striking hospitals, schools, mosques, Christian churches, and religious 
services (see Section 1.g.). On May 13, bombs from government aircraft 
reportedly struck a women's Koranic school in the town of Tahdaye in 
the east, killing 7 persons and wounding 25 others. There was a report 
in July that the army attacked the towns in Ruweng county, burning 
several churches, abducting hundreds of persons, and killing dozens of 
civilians (see Section 1.a.)
    The Government requires instruction in Islam in public schools in 
the north. In public schools in areas in which Muslims are not a 
majority, students have a choice of studying Islam or Christianity.
    In rebel-controlled areas, Christians, Muslims, and followers of 
traditional indigenous beliefs generally worship freely, although it 
appears that many of the region's Muslim residents have departed 
voluntarily over the years. The SPLM officially favors secular 
government; however, the SPLM is dominated by Christians, and local 
SPLM authorities often have a very close relationship with local 
Christian religious authorities. In February Protestant missionaries in 
the town of Panlit in Bahr El Ghazal in the south reportedly baptized 
children studying at a Catholic school without their clear 
understanding or consent. SPLM authorities subsequently detained and 
later released some of the school's teachers for their roles in the 
incident.
    Government and SPLM/SPLA delegations participated in IGAD-mediated 
peace talks in Nairobi, Kenya from July 18-23. The delegations 
continued discussions of the role of religion in national affairs and 
the predominantly non-Muslim southern region's right to self-
determination. Further meetings are expected to take place in 2000.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The new Constitution implemented early 
in the year provides for freedom of movement and residence, and exit 
from and entry into the country; however, the Government restricted 
these rights in practice. The Government restricted freedom of movement 
by denying exit visas to some categories of persons, including 
policemen and physicians. The Government also maintained lists of 
political figures and other citizens not permitted to travel abroad.
    Women may not travel abroad without permission of their husbands or 
male guardians. Some former political detainees were forbidden to 
travel outside Khartoum. Movement generally was unhindered for other 
citizens outside the war zones, but travelers who failed to produce an 
identity card at checkpoints risked arrest. Foreigners needed permits, 
which were difficult to obtain and often were refused, for domestic 
travel outside of Khartoum; however, foreign diplomats could travel to 
many locations under government escort. Foreigners must register with 
the police on entering the country, seek permission to move from one 
location to another, and reregister at each new location within 3 days 
of arrival. Foreign NGO staff sometimes had problems obtaining entry 
visas or work or travel permits once they had entered the country.
    Insurgent movements also required that foreign NGO personnel obtain 
permission before traveling to areas that they control, although they 
generally granted such permission. NGO workers who have worked in 
government-held territory encountered problems receiving permission to 
work or travel in insurgent-held territory.
    Tens of thousands of persons, largely southerners and westerners 
displaced by famine and civil war, continued to live in squatter slums 
in the Khartoum area. The Khartoum State government plans to upgrade 
conditions in some camps, requiring the movement of populations to 
other areas so that roads may be built or enlarged and services 
established. The Khartoum State government is in contact with foreign 
NGO's and U.N. agencies concerning this effort. During the year, the 
Government razed thousands of squatter dwellings in Khartoum (see 
Section 1.f.). Many of those displaced were moved to ``planned'' 
settlement areas, but in most cases those areas had no greater services 
than the squatter camps and were further from areas of economic 
activity.
    Approximately 372,900 Sudanese are refugees in neighboring 
countries. Refugees fled to Uganda, Ethiopia, Eritrea, Kenya, the 
Democratic Republic of Congo, and the Central African Republic. In 
November as a result of fighting between Dinka's and Didingas in the 
east (see Section 5), hundreds of refugees fled into neighboring Kenya 
and Uganda. Up to 4 million persons are displaced internally due to the 
civil war.
    The law includes provisions for the granting of refugee or asylee 
status in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees and its 1967 Protocol. The Government cooperated 
with the U.N. High Commissioner for Refugees (UNHCR) and other 
humanitarian assistance organizations and accorded refugees relatively 
good treatment. The UNHCR estimated that there were approximately 
391,500 refugees, primarily from Eritrea, Ethiopia, Chad, Uganda, the 
Democratic Republic of Congo and Somalia. Approximately 150,000 
refugees are in camps and the rest are scattered in urban areas 
throughout the country. The Government provides first asylum, although 
no statistics were available for the year.
    There were no reports of the forcible repatriation of refugees, 
regardless of their status. Some reports cited mistreatment of 
refugees, including beatings and arbitrary arrests. Refugees could not 
become resident aliens or citizens, regardless of their length of stay. 
The Government allowed a large number of refugees to work.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens had no genuine opportunity to change their government 
peacefully. The National Islamic Front (NIF) renamed itself the 
National Congress (NC) in November 1998. On December 12, President 
Bashir declared a 3-month state of emergency, dismissed the speaker of 
the National Assembly, Dr. Turabi, and disbanded Parliament 2 days 
before it was to vote on a bill introduced by pro-Turabi legislators to 
reduce Bashir's presidential powers. Bashir suspended the Parliament on 
the grounds that it was necessary for the unity of the country. Many 
observers believed that the move would effectively reduce the influence 
of the NIF/NC and Dr. Turabi.
    A new national Constitution, which provides in theory for a wide 
range of rights, was passed by referendum in June 1998, and was 
implemented early in the year. There was widespread skepticism about 
the Government's claims that the constitutional referendumpassed with 
96.7 percent approval and 91.9 percent participation. Critics of the 
new Constitution charged that it neither was drafted nor passed with 
truly national participation. Some critics also objected to the 
statement that ``Islamic law'' would be among ``the prevalent sources 
of law'' in regard to amending the Constitution. The new Constitution 
resulted in few changes in practice.
    In 1989 the National Salvation Revolution Command Council (RCC) 
abolished all political parties and detained the major party leaders 
for a short period. In 1990 the RCC rejected both multiparty and one 
party systems and, 2 years later, established an entirely government-
appointed Transitional National Assembly, based on a Libyan-style 
political structure with ascending levels of nonpartisan assemblies. 
The essentially powerless appointed legislature was replaced following 
the 1996 elections by an elected National Assembly in which 125 of the 
400 members were appointed from the National Congress. Opposition 
parties boycotted the election. In December 1998, implementing 
legislation linked to the new Constitution passed into law that would 
allow the existence of political parties. As a result, there are now 17 
officially registered political parties; however, the legislation 
included restrictions that effectively prohibit traditional political 
parties if they are linked to armed opposition to the Government. The 
Government continued routinely to deny permission for and disrupt 
gatherings that it viewed as politically oriented (see Section 2.b.).
    The federal system of government was instituted in 1995 and slowly 
is developing a structure of 26 states, which the Government considers 
a possible inducement to the insurgents for accommodation through a 
principle of regional autonomy; however, southerners are 
underrepresented in the Government. This underrepresentation remained a 
key obstacle to ending the rebellion. State elections were held in the 
16 northern states and 6 of 10 southern states in June. All the 
registered opposition parties boycotted the elections, apparently 
objecting to being allowed only 3 days to register and only 7 to 12 
days to campaign. Elections in two of the southern States (Lakes and 
Warab) were not completed because of insecure conditions, according to 
the Government.
    Women have the right to vote, but are underrepresented in 
government and politics. The Minister of Manpower is the only woman in 
the Cabinet. There are two female State ministers in the Ministry of 
Social Planning. Seats in the National Assembly are set aside for 
representatives of women's organizations and for female student 
representatives. A total of 25 women are members of the 400-seat 
National Assembly.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Due to government restrictions on freedom of association (see 
Section 2.b.), there are no independent domestic human rights 
organizations; however, individual human rights activists operate in 
anonymity. There are two local NGO's that address health concerns 
related to the practice of female genital mutilation (FGM) (see Section 
5). A representative of Human Rights Watch visited the country during 
the year to attend the July 27-29 workshop on abductions.
    Government-supported Islamic NGO's pressured imprisoned non-Muslims 
to convert to Islam.
    The Human Rights Advisory Council, a government body whose 
rapporteur is the Solicitor General for Public Law, continued its 
active role in addressing human rights problems within the Government. 
The Parliamentary Human Rights Committee also was particularly vocal in 
its public criticisms of the indefinite suspension of the daily 
newspaper Al Rai Al Akhar by presidential decree on September 19 (see 
Section 2.a.). In May 1998, the Government formed the Committee for the 
Eradication of the Abduction of Women and Children, which in turn 
formed mechanisms to identify and return abductees (see Section 1.b.).
    In September 1998, the U.N. named a new Special Rapporteur on 
Sudan, Leonardo Franco. Franco visited the country for approximately 2 
weeks in February. U.N. Special Representative for Children and Armed 
Conflict Olara Otunnu visited for approximately 1 week in March. U.N. 
Special Rapporteur for Freedom of Opinion and Expression Abid Hussein 
visited for 1 week in September, as did a delegation from the U.N. 
Human Rights Commission.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    A governmental decree prohibits discrimination based on religion or 
sex. Redress is provided through the administrative courts or the labor 
office. The 1992 General Education Act stipulates equal opportunity in 
education for the disabled. Mechanisms for social redress, especially 
with respect to violence against womenand children, are weak. The new 
Constitution implemented early in the year prohibits discrimination 
based on race, sex, or religious creed; however, it has resulted in no 
changes in practice.
    Women.--Violence against women continues to be a problem, although 
accurate statistics do not exist. Many women are reluctant to file 
formal complaints against such abuse, although domestic violence is a 
legal ground for divorce. The police normally do not intervene in 
domestic disputes. In particular, displaced women from the south were 
vulnerable to harassment, rape, and sexual abuse. The Government did 
not address the problem of violence against women, nor was it discussed 
publicly. The punishment for rape under the Criminal Act varies from 
100 lashes and 10 years imprisonment to death. In most cases, 
convictions are not announced, but observers believe that sentences are 
often less than the maximum provided for by law.
    Prostitution is a growing problem, although there is no sex tourism 
industry. There are no specific laws regarding sexual harassment.
    Some aspects of the law, including certain provisions of Islamic 
law as interpreted and applied by the Government, and many traditional 
practices, discriminate against women. Gender segregation is common in 
social settings. In keeping with Islamic law, a Muslim woman has the 
right to hold and dispose of her own property without interference. 
Women are ensured inheritance from their parents; however, a daughter 
inherits half the share of a son, and a widow inherits a smaller 
percent than do her children. It is much easier for men to initiate 
legal divorce proceedings than for women. These rules only apply to 
Muslims and not to those of other faiths, for whom religious or tribal 
laws apply. Although a Muslim man may marry a non-Muslim, a Muslim 
woman cannot marry a non-Muslim unless he converts to Islam. Women 
cannot travel abroad without the permission of their husbands or male 
guardians (see Section 2.d.).
    A number of government directives require that women in public 
places and government offices and female students and teachers conform 
to what the Government deemed an Islamic dress code. This, at the 
least, entailed wearing a head covering. However, enforcement of the 
dress code regulations was uneven. In June a Khartoum court ordered 
that 25 students from Ahlia University be flogged; they were charged 
with disturbances, and ``obscene acts.'' The obscene acts apparently 
referred to the actions of the female students in wearing trousers (see 
Section 1.f.).
    There are credible reports that government and government-
associated forces seized and sold women for work as domestic servants 
(see Sections 6.c. and 6.f.).
    Children.--Education is compulsory through grade eight, although 
local inability to pay teachers' salaries reportedly has resulted in 
declining attendance. Boys and girls are treated similarly in the 
educational system.
    A considerable number of children suffered serious abuse, including 
enslavement and forced conscription in the war zones (see Sections 1.f. 
and 6.c.). There continued to be credible reports that government and 
government-associated forces seized children for purposes of forced 
labor (see Section 6.c.).
    The Government forcibly conscripted young men and boys into the 
military forces. The Government officially requires that young men, 
typically of ages 17 to 19, must enter military service to be able to 
receive a certificate on leaving secondary school. Such a certificate 
is a requirement for entry into a university, and the decree 
effectively broadened the conscription base.
    The Government operates camps for vagrant children. Police 
typically send homeless children who have committed crimes to these 
camps, where they are detained for indefinite periods. Health care and 
schooling at the camps generally are poor; basic living conditions 
often are primitive. All the children in the camps, including non-
Muslims, must study the Koran, and there is pressure on non-Muslims to 
convert to Islam (see Section 2.c.). Teenagers in the camps often are 
conscripted into the PDF.
    As many as 3,000 Ugandan children, abducted from northern Uganda by 
the Lord's Resistance Army (LRA), a Ugandan armed opposition group, 
were held in the southern part of the country. These children were 
forced to become soldiers or sexual slaves. The Government actively 
supported the LRA. In December in Nairobi, Kenya, the Governments of 
both countries signed an accord agreeing, among other things, to cease 
supporting rebel groups and to return abductees; however, it was not 
clear at year's end if the accord was still in effect due to an LRA 
excursion into Uganda from Sudan in late December.
    FGM, which is widely condemned by international health experts as 
damaging to both physical and psychological health, is widespread, 
especially in the north. An estimated 90 percent or more of females in 
the north have been subjected to FGM, with consequences that have 
included severe urinary problems, infections, and even death. 
Infibulation, the most severe type of FGM, is also the most common 
type. Usually it is performed on girls between the ages of 4 and 7. It 
is performed often by traditional practitioners in improvised, 
unsanitary conditions, causing severe pain, trauma, and risk of 
infection to the child. No form of FGM is illegal under the Criminal 
Code; however, the health law forbids doctors and midwives from 
performing infibulation. Reportedly women displaced from the south to 
the north increasingly are imposing FGM on their daughters, even if 
they themselves have not been subjected to it. The Government neither 
arrested nor prosecuted any persons for violating the health law 
against infibulation.
    Two local NGO's, with funding from the U.N. and a government 
agency, are involved actively in efforts to eradicate FGM, which they 
describe as a ``harmful practice.'' A small but growing number of 
urban, educated families are abandoning the practice completely. A 
larger number of families, in a compromise with tradition, have adopted 
the least severe form of FGM as an alternative to infibulation.
    People With Disabilities.--The Government does not discriminate 
against disabled persons but has not enacted any special legislation or 
taken other steps, such as mandating accessibility to public buildings 
and transportation for the disabled. The 1992 General Education Act 
requires equal educational opportunities for the disabled.
    Religious Minorities.--Muslims predominate in the north, but are in 
the minority in the south, where most citizens practice traditional 
indigenous religions or Christianity. There are from 1 to 2 million 
displaced southerners in the north who largely practice traditional 
indigenous religions or Christianity. About 500,000 Coptic Christians 
live in the north. Traditionally there have been amicable relations 
between the various religious communities, although there were a small 
number of clashes.
    On February 6, clashes took place at the University of Khartoum 
when Christian students attempted to hold a Christian book exhibition. 
Some Muslim students, calling themselves the ``Islamic Movement,'' 
reportedly attacked the exhibit and burned some books. Injuries were 
reported on both sides. The Islamic Movement claimed that a mosque on 
the campus had been defiled and criticized what they described as a 
humiliation of Islam by allowing Christianity into the University. 
However, other Muslim students issued statements criticizing the attack 
on the Christian students. The book exhibition, which was scheduled in 
February, subsequently was postponed by the university administration.
    There were press reports in March that on two occasions a group of 
Muslims calling itself Al D'awa Wa Tabligh gathered at an Orthodox 
church in Khartoum and launched verbal attacks against the church and 
Christianity. On one of the occasions, police reportedly arrested 30 
Muslims.
    There are reliable reports that Islamic NGO's in war zones withhold 
food and other services from the needy unless they convert to Islam.
    In government-controlled areas of the south, there continued to be 
credible evidence of prejudice in favor of Muslims and an unwritten 
policy of Islamization of public institutions, despite an official 
policy of local autonomy and federalism. In the past, some non-Muslims 
lost their jobs in the civil service, the judiciary, and other 
professions. Few non-Muslim university graduates found government jobs. 
Some non-Muslim businessmen complained of petty harassment and 
discrimination in the awarding of government contracts and trade 
licenses. There also were reports that Muslims receive preferential 
treatment for the limited services provided by the Government, 
including access to medical care.
    National/Racial/Ethnic Minorities.--The estimated population of 
27.5 million is a multiethnic mix of over 500 Arab and African tribes 
with scores of languages and dialects. The Arabised Muslim culture in 
the north and central areas and the non-Muslim African culture in the 
south are the two dominant cultures. Northern Muslims, who form a 
majority of about 16 million, traditionally have dominated the 
Government. The southern ethnic groups fighting the civil war (largely 
followers of traditional indigenous religions or Christians) total 
approximately 6 million and seek independence, or some form of regional 
self-determination, from the north.
    The Muslim majority and the NIF/NC-dominated Government continued 
to discriminate against ethnic minorities in almost every aspect of 
society. Citizens in Arabic-speaking areas who do not speak Arabic 
experienced discrimination in education, employment, and other areas. 
The use of Arabic as the language of instruction in higher education 
discriminated against non-Arabs. For university admission, students 
completing high school are required to pass examinations in four 
subjects: English language; mathematics; Arabic language; and religious 
studies. Even at the university level, examinations in all subjects 
except English language were in the Arabic language, placing nonnative 
speakers of Arabic at a disadvantage.
    In March at a grassroots organized peace conference in Wunlit, Bahr 
El Ghazal, representatives of the Nuer and Dinka tribes signed a peace 
covenant. The Dinka and the Nuer are the two largest tribes and had 
been on opposite sides of the war since 1991. The Wunlit accord 
provides concrete mechanisms for peace, including a cease-fire, an 
amnesty, the exchange of abducted women and children, and monitoring 
mechanisms. The Wunlit accord greatly reduced conflict between the 
Dinka and Nuer tribes during the year.
    Although details generally were unavailable, there were credible 
reports of civilian casualties as a result of ongoing fighting between 
ethnic Dinkas and Didingas in the New Cush and Chukudum areas in 
eastern Equatoria (see Section 1.a.). The January killing of a Dinka 
SPLA captain and several officers led to an outbreak of violence among 
Dinka and Didinga refugees in the Kakuma refugee Camp in Kenya, which 
resulted in at least six deaths and numerous injuries. The October 
killing of a Didinga chief led to a series of retaliatory attacks.
    In February there was significant fighting between Arab 
pastoralists and African Masaleet tribes in Darfur. Traditional 
disputes over grazing and water rights were behind some of the 
fighting; however, the Government reportedly exacerbated the conflict 
by providing Arab pastoralists with arms. As a result of the fighting, 
more than 100 persons were killed, more than 40 were injured, 
approximately 50 villages were burned, and more than 1,000 families 
were displaced. Members of the Masaleet tribes were affected most 
heavily.
Section 6. Worker Rights
    a. The Right of Association.--The RCC abolished the pre-1989 labor 
unions, closed union offices, froze union assets, forbade strikes, and 
prescribed severe punishments, including the death penalty, for 
violations of its labor decrees. The Government dismissed many labor 
leaders from their jobs or detained them, although most of those 
arrested later were freed.
    The new Constitution implemented early in the year provides for the 
right of association for economic and trade union purposes; however, it 
has resulted in no changes in practice.
    The Sudan Workers Trade Unions Federation is the leading blue-
collar labor organization with about 800,000 members. In 1992 local 
union elections were held after a delay to permit the government-
controlled steering committees to arrange the outcomes. The elections 
resulted in government-approved slates of candidates voted into office 
by prearranged acclamation. In 1997 largely the same leadership was 
reelected.
    There were some teacher strikes over the nonpayment of salaries in 
many areas. In some cases, the strikes lasted for months.
    Unions remained free to form federations and affiliate with 
international bodies, such as the African Workers' Union and the Arab 
Workers' Union.
    The U.S. Government in 1991 suspended Sudan's eligibility for trade 
benefits under the generalized system of preferences because of its 
violations of worker rights.
    b. The Right to Organize and Bargain Collectively.--A 1989 RCC 
constitutional decree temporarily suspended the right to organize and 
bargain collectively. Although these rights were restored to labor 
organizing committees in 1996, government control of the steering 
committees meant in practice that the Government dominates the process 
of setting wages and working conditions. The continued absence of labor 
legislation allowing for union meetings, the filing of grievances, and 
other union activity greatly reduced the value of these formal rights. 
Although local union officials raised some grievances with employers, 
few carried them to the Government. The law does not prohibit antiunion 
discrimination by employers. The newConstitution implemented early in 
the year provides for the right of organization for economic or trade 
union purposes; however, it resulted in no changes in practice.
    Wages are set by a tripartite committee comprising representatives 
of the Government, labor unions, and business. Specialized labor courts 
adjudicate standard labor disputes.
    In 1993 the Government created two export processing zones (EPZ's); 
it later established a third at Khartoum International Airport. During 
the year, only the EPZ at Khartoum International Airport was open. The 
labor laws do not apply in the EPZ's.
    c. Prohibition of Forced or Compulsory Labor.--Although the law 
prohibits forced or compulsory labor, slavery persists, particularly 
affecting women and children. The taking of slaves, particularly in war 
zones, and their transport to parts of central and northern Sudan, 
continued. There were frequent and credible reports that Baggara 
raiders, supported by PDF and regular government troops, took women and 
children as slaves during raids in Bahr El Ghazal during the year. The 
Government did not take any action to halt these practices and 
continued to support some Baggara tribal militias. There were reports 
that during attacks on civilian settlements government forces abducted 
a number of persons including women and children (see Section 1.g.). 
Credible reports persist of practices such as the sale and purchase of 
children, some in alleged slave markets. These practices all have a 
pronounced racial aspect, as the victims are exclusively black 
southerners and members of indigenous tribes of the Nuba mountains. 
There were reports that local authorities took actions to prevent 
slavery. The Government denies involvement or complicity in slavery, 
and states that hostage taking often accompanies tribal warfare, 
particularly in war zones not under government control. The new 
Constitution implemented early in the year prohibits slavery and forced 
labor, but resulted in no changes in practice.
    In May 1998, the Government formed the Committee for the 
Eradication of the Abduction of Women and Children (see Section 1.b.). 
These mechanisms resulted in the identification and release of several 
hundred abductees, although they had not been returned to their homes 
by year's end.
    The law prohibits forced and bonded labor by children; however, the 
Government does not enforce it effectively. There continued to be 
credible reports that government or government-associated forces took 
hundreds of children as slaves.
    Both the Government and rebel factions continued to conscript men 
and boys forcibly into the fighting forces (see Sections 1.f. and 5). 
Conscripts face significant hardship and abuse in military service. The 
rebel factions continued to force southern men to work as laborers or 
porters.
    Approximately 3,000 Ugandan children were forced to become soldiers 
or sex slaves for the LRA, a Ugandan armed opposition group in the 
south, which is actively supported by the Government (see Section 5).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum age for workers is 16 years; however, 
the law is enforced loosely by inspectors from the Ministry of Labor 
and only in the official or wage economy. Children as young as 11 or 12 
years of age worked in a number of factories, particularly outside the 
capital, including the factories at Um Ruwaba that produce edible oils. 
In addition severe poverty has produced widespread child labor in the 
informal, unregulated economy. In rural areas, children traditionally 
assist their families with agricultural work from a very young age. The 
new Constitution implemented early in the year provides that the State 
protect children from exploitation; however, it resulted in no changes 
in practice.
    Child labor exists in SPLM/SPLA-held areas, particularly in the 
agricultural sectors. Child labor in such areas is exacerbated by a 
lack of school, extreme poverty, and the lack of an effective legal 
minimum age for workers.
    The law prohibits forced and bonded labor by children; however, the 
Government does not enforce it effectively, and there were credible 
reports that children are taken as slaves (see Section 6.c.).
    e. Acceptable Conditions of Work.--The legislated minimum wage is 
enforced by the Ministry of Labor, which maintains field offices in 
most major cities. Employers generally respect the minimum wage. 
Workers who are denied the minimum wage may file a grievance with the 
local Ministry of Labor field office, which then is required to 
investigate andtake appropriate action if there has been a violation of 
the law. In January the minimum wage theoretically was raised from 
approximately $9 (24,000 Sudanese pounds) per month to approximately 
$11 (3,000 Sudanese dinars or 30,000 Sudanese pounds) per month; 
however, most government offices continue to pay the old rate. The 
Sudanese Workers Trade Union Federation requested the Minister of 
Finance to execute the increase retroactively, and the Minister 
promised to increase the minimum wage when submitting the next 
Government budget for the year 2000. The current minimum wage is 
insufficient to provide a decent standard of living for an average 
worker and family.
    The workweek is limited by law to six 8-hour days, with a day of 
rest on Friday, which generally is respected.
    Legal foreign workers have the same labor rights as domestic 
workers. Illegal workers have no such protections and, as a result, 
typically work for lower wages in worse conditions than legal workers.
    Although the laws prescribe health and safety standards, working 
conditions generally were poor, and enforcement by the Ministry of 
Labor is minimal. The law does not address the right of workers to 
remove themselves from dangerous work situations without loss of 
employment.
    f. Trafficking in Persons.--Although the law does not specifically 
prohibit trafficking in persons, it does prohibit slavery and forced 
labor; however, slavery persists, particularly affecting women and 
children (see Section 6.c.). The taking of slaves, particularly in war 
zones, and their transport to parts of central and northern Sudan, 
continued. Credible reports persist of practices such as the sale and 
purchase of children, some in alleged slave markets. Libyans have been 
implicated in the purchase of Sudanese slaves, particularly women and 
children who were captured by government troops.
    There are credible reports that government and government-
associated forces seized and sold women for work as domestic servants.
    There were unconfirmed reports that the SPLA forcibly recruited 
Sudanese refugees in northern Uganda for service in their forces.
    Approximately 3,000 Ugandan children were forced to become soldiers 
or sex slaves for the LRA, a Ugandan armed opposition group in the 
south, which is actively supported by the Government (see Section 5). 
There were also reports in past years that the LRA had sold and traded 
some children, mostly girls, or provided them as gifts, to arms dealers 
in Sudan.
    The new Constitution implemented early in the year prohibits 
slavery and forced labor, but resulted in no changes in practice. In 
May 1998, the Government formed the Committee for the Eradication of 
the Abduction of Women and Children (see Section 1.b.). The committee 
formed mechanisms to identify and return abductees, which have resulted 
in the return of approximately 200 persons.
                                 ______
                                 

                               SWAZILAND

    Swaziland is governed as a modified traditional monarchy with 
executive, legislative, and limited judicial powers ultimately vested 
in the King (Mswati III). The King rules according to unwritten law and 
custom, in conjunction with a partially elected parliament and an 
accompanying structure of published laws and implementing agencies. 
Parliamentary and municipal elections were held in 1998 and introduced 
increased representative government; however, political power continues 
to rest largely with the King, and his circle of traditional advisors, 
including the Queen Mother. The 1968 Constitution was suspended by the 
present King's father in 1973. Based upon the 1973 decree, the King has 
the authority to issue decrees that carry the force of law, and 
exercised this authority with the introduction of the 1998 
Administrative Order. The 1973 decree also bans political parties, 
meetings, and processions except in local ``Tinkhundla'' administrative 
centers or as authorized by the police. There are public demands to 
lift the 1973 decree. That question is among the issues on which a 
Constitutional Review Commission (CRC), appointed by the King in 1996, 
was expected to make recommendations after carrying out a nationwide 
program of civic education and receiving submissions from individual 
citizens. However, in October the King again extended the deadline for 
the CRC to complete its task, and CRC members who resigned in 1997 to 
protest the CRC's terms of reference and slow progress did not rejoin 
the CRC. The judiciary is independent; however, the King has certain 
judicial powers.
    Both the Umbutfo Swaziland Defense Force and the Royal Swaziland 
Police operate under civilian control and are responsible for external 
and internal security. Some communities, questioning the ability of 
National Police to deal with enforcement at the community level, have 
formed community police. There were reports of conflicts between 
national and community police. Members of both the National Police and 
the community police committed some human rights abuses.
    Swaziland has a free market economy, with relatively little 
government intervention. The majority of citizens 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 on the wood 
pulp, soft drink concentrate, and sugar industries, which are composed 
primarily of large firms with mostly foreign ownership. The country 
depends heavily on South Africa from which it receives almost all of 
its imports and to which it sends the majority of its exports. A quasi-
parastatal organization established by royal charter maintains large 
investments in major sectors of the economy, including industry, 
agriculture, and services. This parastatal normally requires 
partnership with foreign investors and international development 
agencies.
    There continued to be serious human rights problems, although there 
was some marginal improvement in a few areas. Citizens still are not 
able to change their government. Police continued to torture and beat 
some suspects. Police forcibly dispersed demonstrators who sought to 
disrupt voting activity. The Government generally failed to prosecute 
or otherwise discipline officers who committed abuses. Prison 
conditions improved with the opening of new facilities, but the 
Government continued to use a nonbailable offense provision. The 
Government infringed on citizen's privacy rights. The Government 
continued to limit freedom of speech and of the press, restraints 
continued on news coverage by government-owned broadcast houses, and 
all media practiced some self-censorship, although journalists spoke 
out on key issues. Parliament indefinitely deferred a media council 
bill that would have limited freedom of the press further by 
establishing a government media council. The Government restricted 
freedom of assembly and association and retained prohibitions on 
political activity, although numerous political groupings operated 
openly and voiced opinions critical of the Government, which received 
prominent press coverage. However, the police on occasion harassed 
political activists. There are some limits on freedom of movement. 
Legal and cultural discrimination and violence against women, as well 
as abuse of children, remained problems. Some societal discrimination 
against mixed race and white citizens persisted. The Government 
restricts workers' rights. In October Parliament passed a new 
Industrial Relations Act (IRA) and forwarded it to the King to sign 
into law. The new IRA would remedy many of the inequities in the 
existing labor law and bring the country into substantial conformity 
with international labor conventions. There were reports of trafficking 
in persons, particularly women and girls, from Mozambique.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings by government 
agents.
    Three bombings took place between August and November 1998, 
apparently timed to coincide with major state events. Targetsincluded 
the base of a Swaziland Electricity Board power line, an abandoned 
bridge over the Lusushwana river, and at the offices of the Deputy 
Prime Minister. The final bombing killed one person. Although a 
previously unknown group claimed responsibility for the bombings, the 
existence of the group was unconfirmed and the perpetrators remained 
unidentified and their motives unknown.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--There were credible reports by criminal defendants of the 
use of torture during interrogation. Police sometimes beat criminal 
suspects and occasionally used the ``tube'' style of interrogation, in 
which police suffocate suspects through the use of a rubber tube around 
the face and mouth. The Government generally failed to prosecute or 
otherwise discipline police officers for such abuses. An internal 
complaints and discipline unit investigates reports of human rights 
abuses by the police, but no independent body has the authority to 
investigate police abuses. However, courts have invalidated confessions 
induced through physical abuse; for example, in September 1998, the 
High Court awarded a former prisoner approximately $7,000 (42,000 
emalangeni) in damages for cruel and unusual punishment suffered while 
incarcerated in 1992-94.
    In November a bomb destroyed an office building in the township of 
Mahlanya used by local politicians, although there were no casualties. 
The perpetrators of the bombing remained unknown at year's end.
    Overcrowding and generally poor prison conditions were alleviated 
markedly through the opening of new institutions including a modern 
correctional facility for women. In 1998 foreign diplomats and 
representatives of international agencies toured the prisons, including 
maximum-security institutions, and reported favorably on improved 
medical care, nutrition, sanitation, and vocational training. While 
these facilities meet minimum international standards, the use of 
nonbailable provisions led to less favorable conditions, including 
continued overcrowding in government remand centers where suspects are 
held during pretrial detention and often are released for time served 
after being sentenced (see Section 1.d.). Women and juveniles are held 
in separate prison facilities.
    The Government routinely has permitted prison visits by diplomats, 
journalists, human rights monitors, and representatives of 
international organizations, and some prison visits by journalists and 
political figures occurred during the year.
    d. Arbitrary Arrest, Detention, or Exile.--The law requires 
warrants for arrests in most circumstances, except when police observe 
a crime being committed or have reason to believe that a suspect may 
flee. Detainees may consult with a lawyer of their choice and must be 
charged with the 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 respected these rights in practice.
    In September an editor of an independent newspaper was arrested for 
criminal defamation after reporting that the King's latest fiancee was 
a high-school dropout (see Section 2.a.).
    The Government continued to limit provisions for bail for crimes 
appearing in the Nonbailable Offenses Order, which became effective in 
1993 and was strengthened by Parliament in 1994. The Order currently 
lists 11 offenses. The mere charge of the underlying offense, without 
any evidentiary showing that the suspect is involved, is sufficient to 
employ the nonbailable provision. The Minister of Justice may amend the 
list by his own executive act.
    The Government does not use forced exile. There are no barriers to 
prevent the return of dissidents.
    e. Denial of Fair Public Trial.--The judiciary is independent; 
however, the King has certain judicial powers.
    Judicial powers are vested in a dual system, one independent and 
based on Western law, the other based on a system of national courts 
that 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 
used last in 1987.
    The Western judiciary consists of the Court of Appeal (composed 
entirely of expatriate, usually South African, judges), the High Court, 
and magistrate courts, all of 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 goodbehavior. In magistrate courts, defendants 
are entitled to counsel at their 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 citizens 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 can be appealed to the High Court and the Court of 
Appeals. The public prosecutor legally 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. Delays in trials are common.
    In November 1998, the King issued an administrative order that 
strengthened the judicial powers of traditional chiefs appointed by the 
King. The order provides for chiefs' courts with limited civil and 
criminal jurisdiction and authorizes the imposition of fines up to 
approximately $50 (300 emalangeni), and prison sentences of up to 3 
months. Accused persons are required to appear in person without 
representation by a legal practitioner or advocate. However, chiefs' 
courts only are empowered to administer customary law ``insofar as it 
is not repugnant to natural justice or morality,'' or is inconsistent 
with the provisions of any law in force. The order provides that 
defendants may appeal decisions of the chief's court to regional appeal 
courts and to the higher courts of appeal. Appeals in criminal matters 
can be taken to the Judicial Commissioner as a last resort, and the 
High Court is the court of last resort for civil matters. Human rights 
organizations and the press expressed serious concern over issuance of 
the order.
    There were no reports of political prisoners.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The 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 conduct a search without a 
warrant if they believe that evidence might be lost through the delay 
in obtaining a warrant. Searches without warrants occur occasionally.
    In April police ransacked the properties of a suspected narcotics 
trafficker without first obtaining a proper warrant. Warrants later 
were issued, but the High Court Judge ruled that they were authorized 
improperly. A majority of the seized property, including personal 
items, cash, and automobiles, was returned, except for the items being 
used in the prosecution of a criminal case.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Government limits freedom of 
speech and of the press through a continuing formal ban on political 
parties and occasional harassment of journalists. The Government also 
has discouraged critical news coverage of the royal family, and 
journalists practice self-censorship in regard to the immediate royal 
family and national security policy.
    In September an editor of an independent newspaper was arrested for 
criminal defamation after reporting that the King's latest fiancee was 
a high-school dropout. After being released on bail, the editor was 
fired from his job. In response to the scandal, the Ministry of Public 
Service drafted antidefamation statutes, which were pending approval by 
the Attorney General and Parliament at year's end.
    In general, both government-owned and independent newspapers 
covered a wide variety of sensitive topics and criticized government 
corruption, inefficiency, and waste, frequently using harsh invectives. 
However, the Government uses the same media to rebut such allegations. 
With some exceptions, the Government continued to withhold its 
advertising from the country's only independently-owned daily 
newspaper. The Prime Minister's office distributes a free weekly 
circular reporting on government policy and activities. The government-
owned television and radio stations--the most influential media in 
reaching the public--generally followed official policy positions. 
Government broadcast facilities retransmit Voice of America and British 
Broadcasting Corporation news programs in their entirety.
    The Minister of Public Service promised to consult with journalists 
before reintroducing the Media Council Bill, which was deferred 
indefinitely in May 1998. The bill as proposed originally would have 
created a media council with powers to punish journalists and 
publishers who did not comply with strict licensing requirements.
    Private companies and church groups own several newsletters, 
magazines, and one radio station that broadcasts throughout the region, 
but these generally avoid political controversy.
    The practice of self-censorship and the prohibition of political 
gatherings limit academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Government 
restricts freedom of assembly. King Sobhuza's 1973 decree prohibits 
meetings of a political nature, processions, or demonstrations in any 
public place without the consent of the Commissioner of Police. The 
authorities did not routinely grant permission to hold such meetings, 
but they did not rigidly enforce the 1973 decree. Political 
organizations, including the People's United Democratic Movement 
(PUDEMO) and the Swaziland Youth Congress (SWAYOCO), often met without 
the required permission and without repercussions. However, the threat 
of police intervention pursuant to terms of the 1973 decree remains.
    Several traditional forums exist for the expression of opinion, 
including community meetings, national councils, and direct dialog with 
area chiefs. However, these local channels are not meant as a vehicle 
for political change; they often depend on the whims of leaders and are 
not consistently effective channels for expressing political dissent.
    The Government restricts freedom of association. King Sobhuza's 
1973 decree prohibits political parties. The 1996 IRA restricts the 
ability of trade union organizations to participate in the social and 
political affairs of the nation (see Section 6.a.).
    c. Freedom of Religion.--There are no formal constitutional 
provisions for freedom of religion; however, the Government respects 
freedom of religion in practice. Followers of all religious faiths are 
free to worship without government interference or restriction.
    New religious groups or churches are expected to register with the 
Government upon organizing in the country. Government permission is 
required for the construction of new religious buildings.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Citizens may travel and work freely 
within the country; however, under traditional law, a married woman 
requires her husband's permission to apply for a passport, and 
unmarried women require the permission of a close male relative. A 
citizenship law passed in 1992 removed several ambiguities relating to 
citizenship and nominally enabled nonethnic Swazis to obtain passports 
and citizenship documents. However, individuals seeking these documents 
sometimes experienced lengthy processing delays, in part due to 
occasional prejudice that mixed-race and white Swazis are not real 
Swazis. Political dissenters often have their citizenship questioned 
and can experience difficulty in obtaining travel documents.
    The Government treats several thousand ethnic Swazis living across 
the border with South Africa as virtually indistinguishable from local 
Swazis and routinely grants them travel and citizenship documents.
    The law includes provisions for the granting of refugee or asylee 
status in accordance with the 1951 U.N. Convention Relating to the 
Status of Refugees and its 1967 Protocol. The Government cooperates 
fully with the UN High Commissioner for Refugees (UNHCR), as well as 
the various nongovernmental organizations (NGO's) involved in the care 
of refugees. The UNHCR officially recognizes several hundred refugees 
in the country, the majority coming from east and central Africa. The 
issue of provision of first asylum has not arisen in recent years.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens 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, also chooses the Cabinet, many 
senior civil servants, and the heads of government offices.
    Citizens elect most members of the lower house of parliament. 
Parliamentary elections were held by secret ballot in October 1998 for 
53 of the 55 elected seats in the 65-seat lower house (the King 
appoints the remaining 10 members), and a by-election was held in 
December 1998 for 1 of the 2 remaining constituencies. The final 
remaining constituency held its by-election in October. The continuing 
ban on political parties and restrictions on political activity 
prompted some politicalgroupings and trade unions to call for a boycott 
of the 1998 elections by their members. Members of the Swaziland 
Federation of Trade Union who participated in the electoral process 
were threatened with disciplinary measures by the labor federation. 
Election officials reported that approximately 200,000 of the 400,000 
eligible citizens registered for the parliamentary elections, and that 
approximately 120,000 citizens voted, although critics questioned that 
figure.
    There was no formal international observer presence, but there was 
intensive coverage by local and foreign media, and resident diplomats 
were granted accreditation to observe the proceedings freely. 
Candidates or their representatives also were allowed to monitor the 
elections. Election procedures generally were carried out in an orderly 
fashion. However, the decision to open polling stations for further 
voting a week after the election because of torrential rains led to 
irregularities, including persons being found with multiple copies of 
registration certificates. Alleged irregularities led to legal 
challenges in four constituencies, and the High Court overturned the 
result in one constituency as a result. Opposition political groupings 
remained highly critical of the entire electoral process, due to the 
continuing formal ban on organized political party activity.
    In the days leading up to the 1998 elections, the police searched 
dozens of homes, including those of trade union leaders and opposition 
political figures ostensibly in response to some of the bombing 
incidents that occurred between August and November 1998 (see Section 
1.a.). No one was arrested or detained.
    As provided under law, the House of Assembly nominated 10 members 
from the public at large to serve in the upper house or Senate. The 
King appointed the additional 20 Senate members. The Cabinet of 
Ministers, sworn in on November 20, 1998, included only three elected 
Members of Parliament, with the balance drawn from appointed members of 
the House and Senate.
    Elections were held by secret ballot without major difficulties in 
August 1998 to select new municipal councils in 11 cities and towns 
across the country. Approximately 70 percent of all eligible voters 
registered to vote, but only 22 percent of registered voters actually 
cast ballots. Citizens voted largely without interference or 
intimidation, except for scattered incidents in Mbabane where 
representatives of PUDEMO opposed to participation in the election 
attempted to deter voting activities.
    Pressure has been building for several years to modernize the 
political system, and both the King and the Government recognize that 
there is a need for political reform, including the drafting of a new 
constitution and, specifically, a bill of rights. In 1996 the King 
appointed a 30-member Constitutional Review Commission (CRC), with the 
stated purpose of examining the suspended 1968 Constitution, carrying 
out civic education, determining citizens' wishes regarding a future 
system of government, and making appropriate recommendations on a new 
constitution. The CRC compiled a constitutional framework, including 
portions of the 1968 Constitution still in force, the 1973 decree as 
currently amended, and the 1992 Establishment of Parliament Order. The 
CRC distributed this framework nationwide as a starting point for 
discussion. However, the CRC made very limited progress due to members 
resigning to protest the Commission's terms of reference, and multiple 
internal disputes. In October the King again extended the deadline for 
the CRC to complete its task.
    Human rights organizations, church groups, labor unions, and other 
NGO's conducted their own active programs of constitutional and human 
rights civic education.
    Women generally have full legal rights to participate in the 
political process; however, women are underrepresented in the 
Government and politics. There are 4 women in the 65-member House of 
Assembly formed after the October 1998 elections, 4 women in the 30-
seat Senate, and 2 women among the 16 ministers in the Cabinet. A woman 
serves as Secretary to the Cabinet and the head of the civil service. 
Three women serve as principal secretaries, the most senior civil 
service rank in the ministries. There are 3 women on the 30-person 
Constitutional Review Commission. However, in accordance with societal 
practice, widows in mourning (for periods that can vary from 6 months 
to 3 years) are prevented from appearing in certain public places and 
from being near the King and, as a result, can be excluded from voting 
or running for office.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government permits domestic human rights groups to operate. 
Human rights groups often have spoken out on a number of occasions, 
criticizing the lack of accountability and transparency in government 
circles. There were no visits by international human rights 
organizations, although foreign diplomats and local representatives of 
international agencies were invited to tour correctional facilities 
(see Section 1.c.). The Government solicited and obtained expert 
assistance from the International Labor Organization (ILO) in 1997 to 
form a tripartite committee charged with redrafting national industrial 
relations legislation.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The 1980 Employment Act forbids employers to discriminate on the 
basis of race, religion, sex, or political affiliation. Under the act, 
employees may bring suit against employers for discrimination, and 
there also are provisions for criminal prosecutions; however, there is 
no record of any suits or prosecutions. The act reportedly has been 
used on occasion to bring moral suasion to bear against employers. 
Legal and cultural discrimination against women remains a problem. 
Mixed race citizens sometimes experience societal discrimination.
    Women.--Violence against women, particularly wife beating, is 
frequent, despite traditional strictures against this practice. Women 
have the right to charge their husbands with assault under both the 
Western and the traditional legal systems, and urban women frequently 
do so, usually in extreme cases when intervention by extended family 
members fails to end such violence. Rural women often have no 
alternative but to suffer in silence if family intervention does not 
succeed, because the traditional courts 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 common and is 
regarded by many men as a minor offense, while women are inhibited from 
reporting such crimes by a sense of shame and helplessness, especially 
where incest is involved. Even in the modern courts, sentences 
frequently amount to no more than several months in jail, a fine, or 
both. The Legal Code provides some legal protection from sexual 
harassment, but its provisions are vague and largely ineffective. 
Several NGO's provide support for victims of abuse or discrimination.
    Women occupy a subordinate role in society. In both civil and 
traditional marriages, wives are treated as minors legally, although 
those who marry under civil law may be accorded the legal status of 
adults, if stipulated in a signed prenuptial agreement. A woman 
generally requires her husband's permission to borrow money, open a 
bank account, obtain a passport, leave the country, gain access to 
land, and, in some cases, take a job. Unmarried women require a close 
male relative's permission to obtain a passport (see Section 2.d). 
Despite the 1980 Employment Act that required equal pay for equal work, 
men's average wage rates by skill category usually exceed those of 
women.
    The dualistic nature of the legal system complicates the issue of 
women's rights. Since traditional marriage is governed by uncodified 
law and custom, women's rights often are unclear and change according 
to where and by whom they are interpreted. 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. 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 sometimes is ignored. 
Traditional marriages consider children to belong to the father and to 
his family if the couple divorces. Children born out of wedlock are 
viewed as belonging to the mother. Under the 1992 Citizenship Act, a 
woman does not pass citizenship automatically to her children. 
Inheritances are passed through male children only.
    Changing socioeconomic conditions, urbanization, and the increasing 
prominence of female leaders in government and civic organizations are 
breaking down barriers to equality. Women routinely execute contracts 
and enter into a variety of transactions in their own names. The 
Government has committed itself to various women's initiatives, and the 
Ministry of Home Affairs coordinates women's issues. For example, the 
Government established a task force to address domestic gender issues 
and has held workshops for journalists in 1998 on gender sensitivity, 
while the Ministry of Education has launched an initiative to promote 
gender sensitization of school curriculums.
    Children.--The Government is concerned with the rights and welfare 
of children, and a number of laws directly address children's issues. 
The Government does not provide free, compulsory education for 
children. The Government pays teachers' salaries while student fees pay 
for books and the buildings' fund. Supplemental money sometimes must be 
raised for building upkeep, including teachers' housing. However, the 
country has a 99 percent primary school enrollment rate. A government 
task force educates the public on children's issues.
    Child abuse is a problem. Children convicted of crimes sometimes 
are caned as punishment. Female children sometimes suffer sexual abuse, 
including by family members. There is a growing number of street 
children in Mbabane and Manzini.
    People With Disabilities.--The Ministry of Home Affairs has called 
for equal treatment of the disabled; however, there are no laws that 
protect the rights of the disabled or that mandate accessibility for 
the disabled to buildings, transportation, or government services. A 
governmenttask force was established in 1997 to address issues 
affecting persons with disabilities, and in December 1998 the Minister 
of Health and Social Welfare announced that a bill giving preferential 
treatment to disabled persons for building access and other needs was 
in the final stages of preparation for submission to the Parliament. 
The bill has yet to be introduced in Parliament; however, all new 
government buildings under construction include improvements for the 
disabled, including accessibility ramps.
Section 6. Worker Rights
    a. The Right of Association.--The 1996 IRA permits workers in all 
elements of the economy, including the public sector, to join unions 
and allows unions to associate freely in the context of traditional 
trade union concerns. However, it imposes criminal penalties for union 
activity outside core union concerns, specifically on social or 
political issues, and provides that the Government may suspend or close 
down unions that focus too much on such noncore labor matters. It 
prohibits trade union federations (but not individual unions) or their 
officers from engaging in any act that ``causes or incites'' the 
slowdown or cessation of work or economic activity, or from acting in 
any way that might be construed as a ``restraint of trade,'' with 5 
years'' imprisonment the maximum penalty for such violations. Employers 
face equivalent penalties for unauthorized lockouts.
    The 1996 IRA confines unions and employer organizations to single 
industries, and does not permit organization across economic and 
industrial sectors, contrary to ILO Convention 87.
    The main trade union federation is the Swaziland Federation of 
Trade Unions (SFTU). A second trade union federation is the Swaziland 
Federation of Labor, which broke away from the SFTU in 1993 and gained 
formal recognition from the Government in 1994.
    Unions are free to draw up their own constitutions within the 
framework of the 1996 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 can strike out or amend provisions that violate 
the law. The Government may dissolve unions that fail to maintain 
proper registration with the Labor Commissioner without recourse to 
judicial review. There is no collusion between the Government and 
business in relation to worker rights.
    The 1996 IRA details the steps to be followed when disputes arise, 
including what determines a legal or illegal strike. The act empowers 
the Government to mediate 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 
called legally until all avenues of negotiation have been exhausted, 
and a secret ballot of union members has been conducted. The law 
prohibits strikes in ``essential'' services, which include electricity, 
water, fire fighting, health, sanitation, telephone, telegraph, and 
broadcasting, as well as many civil service positions.
    In recent years, there have been a number of strikes, usually over 
wages and benefits, or the dismissal of fellow workers. Although the 
Government maintained that all outstanding issues already had been 
addressed, the SFTU continued to press for action on the 27 demands it 
presented in 1994, including calls for fundamental political change. 
These demands addressed a wide range of issues, including recognition 
of affirmative action, a national uniform minimum wage, an end to 
discrimination against women, the provision of better housing for 
workers, inclusion of worker representatives in constitutional 
discussions, and the lifting of the 1973 Decree that suspended the 
Constitution and outlawed political parties.
    The ILO Committee of Experts (COE) has noted discrepancies between 
the 1996 IRA and ILO Convention 87 on Freedom of Association and ILO 
Convention 98 on the Right to Organize and Bargain Collectively. 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. With 
ILO assistance, a tripartite drafting committee that included 
government, labor, and business representatives reached agreement on a 
comprehensive revision of the 1996 IRA designed to bring labor law into 
full conformity with international conventions. In July 1998, the 
Cabinet approved the draft bill, and in December the Parliament 
formally passed the bill and forwarded it to the King to sign into law. 
The draft IRA, if signed into law by the King, would bring the country 
into substantial conformity with international labor conventions.
    b. The Right to Organize and Bargain Collectively.--The 1996 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 
law obliges employers to recognize a union when it achieves over 50 
percent membership among employees. Employers must allow 
representatives of legallyrecognized unions to conduct union activities 
on company time. The Industrial Court may refuse to register collective 
bargaining agreements in the event of nonobservance of any requirement 
of the 1996 IRA. The 1996 IRA prohibits trade union federations or 
their officers, but not individual unions, from inciting any slowdown 
of work or economic activity or acting in any way that might be 
construed as a restraint of trade. It provides equivalent penalties to 
employers in the case of unauthorized lockouts.
    Disputes are referred to the Labor Commissioner and the Industrial 
Court, if necessary. Although many employers resist recognition and 
force the issue to the Industrial Court, the Court generally rules in 
favor of the unions in these cases. In the case of unfair dismissal, 
the Court may order reinstatement and compensation for the employee, as 
well as fine the employer. Union leaders made credible charges that 
management in various industries dismissed workers for union activity. 
The Government sometimes instigates such dismissals.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced labor, including by children; however, there were reports that 
persons, particularly women and girls, were trafficked from Mozambique 
(see Section 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The 1980 Employment Act 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 that 
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 
frequently are employed in the agricultural sector, particularly in the 
eastern cotton-growing region. Children also are 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.
    The law prohibits forced labor, including by children; however, 
there were reports that children, particularly girls, were trafficked 
from Mozambique (see Section 6.f.).
    e. Acceptable Conditions of Work.--There is a legally mandated 
sliding scale of minimum wages depending on the type of work performed. 
These minimum wages generally provide a worker and family with a decent 
standard of living. The minimum monthly wage for a domestic worker is 
approximately $30 (180 emalangeni), for an unskilled worker $47 (280 
emalangeni), and for a skilled worker $75 (450 emalangeni).
    Labor, management, and government representatives have negotiated a 
maximum 48-hour workweek in the industrial 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 12 days annual leave. The Labor 
Commissioner enforces standards in the formal sector. There are 
extensive provisions allowing workers to seek redress for alleged 
wrongful dismissal; these provisions frequently are brought into play. 
There also are penalties for employers who conduct unauthorized 
lockouts.
    Extensive legislation protects worker health and safety. The 
Government sets safety standards for industrial operations, and it 
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.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons, and, although not well documented, there were reports from 
Mozambique that persons, specifically women and children, were 
trafficked from Mozambique to Swaziland. The country apparently offers 
economic opportunities that attract poor women and children, who 
sometimes are victimized by traffickers.
                                 ______
                                 

                                TANZANIA

    The United Republic of Tanzania amended its Constitution in 1992 to 
become a multiparty state. In 1995 the nation conducted its first 
multiparty general elections for president and parliament in more than 
30 years. The ruling party, Chama Cha Mapinduzi (CCM), continued to 
control the Union Government, winning 186 of the 232 elective seats in 
Parliament. The CCM presidential candidate, Benjamin Mkapa, won a four-
way race with 61.8 percent of the vote. The islands of Zanzibar are 
integrated into the United Republic's governmental and party structure; 
however, the Zanzibar Government, which has its own president and 
parliament, exercises considerable autonomy. Elections for the 
President and Parliament of Zanzibar also were held in 1995. 
International observers noted serious discrepancies during the vote-
counting process, calling into question the reelection of CCM incumbent 
Dr. Salmin Amour Juma as Zanzibar's President. In the period since that 
election, the Zanzibari authorities met calls for new elections by 
opposition parties with reprisals. In response, most donors halted 
economic aid to Zanzibar. The national judiciary is formally 
independent but suffers from corruption, inefficiency, and executive 
interference.
    The police have primary responsibility for maintaining law and 
order. They formerly were supported by citizens' anticrime groups and 
patrols known as ``Sungusungu.'' The Sungusungu remain active in rural 
areas, but have virtually disappeared from urban areas. There are also 
Sungusungu groups composed of refugees in most refugee camps that act 
as quasi-official security forces. The military is composed of the 
Tanzanian People's Defense Force (TPDF). The People's Militia Field 
Force is a division of the TPDF. Security forces regularly committed 
human rights abuses.
    Agriculture provides 85 percent of employment. Cotton, coffee, 
sisal, tea, and gemstones account for most export earnings. The 
industrial sector is small. Economic reforms undertaken since 1986, 
including liberalization of agricultural policy, the privatization of 
state-owned enterprises, the rescheduling of foreign debt payments, and 
the freeing of the currency exchange rate, helped to stimulate economic 
growth, as has the decline in the rate of inflation. In 1999 the gross 
domestic product (GDP) was $8019 million. The GDP growth rate was 4 
percent and per capita GDP equaled $252. While the Government has 
attempted to improve its fiscal management, pervasive corruption 
constrains economic progress.
    The Government's human rights record was poor, and there continued 
to be serious problems. Although the 1995 multiparty elections 
represented an important development, citizens' right to change their 
government in Zanzibar is circumscribed severely by abuses of and 
limitations on civil liberties. Although new opposition parties on the 
mainland and Zanzibar were competitive in many races in 1995 and in by-
elections since that time, winning in various constituencies, police 
often harassed and intimidated members and supporters of the political 
opposition. Police committed extrajudicial killings and beat and 
otherwise mistreated suspects. Soldiers attacked civilians, police in 
Zanzibar beat citizens, and there were reports that police in Zanzibar 
used torture, including floggings. Police also beat demonstrators. 
Throughout the country, prison conditions remained harsh and life 
threatening. Arbitrary arrest and detention, and prolonged detention 
remained problems. The inefficient and corrupt judicial system often 
did not provide expeditious and fair trials. Pervasive corruption, 
which was documented in the Warioba Commission's 1997 report, continued 
to have a broad impact on human rights. The Government infringed on 
citizens' privacy rights and limited freedom of speech and of the 
press, and freedom of assembly, association, and movement. Significant 
resentment and hostility led to attacks on some refugees. The 
Government obstructed the formation of domestic human rights groups. 
Violence and discrimination against women remained serious problems. 
Abuse of children, female genital mutilation, and child prostitution 
were problems. The Government continued to infringe on workers' rights 
and child labor persisted. There were some instances of forced labor, 
and there were reports of trafficking in children. Mob justice remained 
severe and widespread.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings; however, authorities were responsible 
for a number of extrajudicial killings. In February two police and two 
paramilitary soldiers were accused of beating a prisoner in detention 
to death. The police were not able to explain his death. No information 
was available on whether an investigation was conducted or any action 
taken against those responsible.
    In October in retaliation for a theft, TPDF soldiers in Dodoma 
attached a village, killing one civilian. No information wasavailable 
on whether an investigation was conducted or any action taken against 
those responsible.
    In February members of the quasiofficial citizens' anticrime group 
known as Sungusungu killed five persons accused of murdering witches in 
Shinyanga. At year's end, the case still was under investigation by 
local authorities.
    Several prisoners died during the year as a result of harsh prison 
conditions including inadequate nutrition, medical care, and sanitation 
(see Section l.c.).
    In 1998 riots broke out in Mwembechai when police attempted to 
disperse a crowd of Muslims protesting the arrest of a popular Muslim 
leader. The police opened fire on the protesters, killing three persons 
and wounding several others. Subsequently, 23 Members of Parliament 
(M.P.'s) demanded parliamentary discussion of police brutality in 
connection with the incident, but the National Assembly Speaker denied 
the request, saying that it was an internal police matter. No further 
action was taken in connection with the matter during the year.
    Police have not yet explained the deaths of six detainees in the 
town of Morogoro who were electrocuted at the end of 1997. Police 
buried the bodies in two graves instead of returning them to their 
families.
    There were no developments in the 1993 police killing of a member 
of the opposition party Civic United Front (CUF) on the island of 
Pemba. After a lengthy investigation, authorities charged the policeman 
who fired the shots with involuntary manslaughter; the officer remains 
free on bail. CUF leaders complained that in 1996 the President and 
Attorney General of Zanzibar blocked the prosecution of the police 
officer. Nearly 7 years after the event, a trial still is pending.
    Instances of mob justice against suspected criminals continued to 
claim dozens of lives. Throughout the year, the media reported numerous 
incidents in which mobs killed suspected thieves, who were stoned, 
lynched, beaten to death, or doused with gasoline and set on fire. Such 
events are so common that they often are grouped together in newspapers 
with reporting on car accidents and other mishaps. Many instances never 
are reported. The widespread belief in witchcraft has led, in some 
instances, to the killing of alleged witches by their ``victims,'' 
aggrieved relatives, or mobs. The Government estimated in 1998 that in 
the Mwanza region alone at least 50 persons are killed every year by 
those who believe them to be witches. Government officials criticized 
these practices and some arrests were made; however, most perpetrators 
of witch killing or mob justice elude arrest, and the Government has 
not taken preventive measures.
    There is a growing concern over violence allegedly perpetrated by 
some Burundian and Rwandan refugees (see Section 1.c.). Local officials 
complained that refugees committed killings and robberies. In a well-
publicized case, Burundian refugees were accused of killing a local 
schoolteacher in May.
    On August 7, 1998, terrorists bombed the U.S. Embassy in Dar Es 
Salaam, killing 11 persons and injuring more than 85 others. The 
Government cooperated with international efforts to apprehend the 
suspects; one suspect had been arrested by year's end.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits the use of torture and inhuman 
or degrading treatment; however, the police regularly threaten, 
mistreat, or occasionally beat suspected criminals during and after 
their apprehension and interrogation. Police also use the same means to 
obtain information about suspects from family members not in custody 
(see Section 1.f.). There were reports that police in Zanzibar use 
torture. Although government officials usually criticize these 
practices, the Government seldom prosecutes police for such abuses. In 
October the Inspector General of Police, for a period of 1 week, 
ordered the whipping of bus drivers and conductors for rampant 
violations of traffic laws, a punishment similar to one ordered in 
1998.
    In June a relief worker accused a local government official of 
raping her. The Government investigated the incident, but found that 
there was insufficient evidence to prosecute the accused official.
    Repeated reports indicate that the police used torture, including 
beatings and floggings, in Zanzibar, notably on Pemba island. Both the 
Zanzibar and Union Governments have denied these charges. In April the 
Chief of Defense Forces, General Robert Mboma, fired 18 members of the 
Tanzanian People's Defense Force for beating civilians in Zanzibar.
    There were reports of numerous incidents in which soldiers attacked 
civilians, prompting the Chief of the Defense Forces to remind troops 
that their role was to defend, and not harass, civilians. No other 
action was taken against those responsible for abuses.
    In April more than 200 members of the opposition party NCCR-Maguezi 
staged a peaceful demonstration to protest police actions (see Sections 
2.b. and 3). As they assembled, field force unit officers clubbed 
demonstrators and injured some. In July Muslims staged a peaceful 
demonstration protesting a government ban on Muslim school uniforms in 
public schools; they were dispersed with tear gas and clubs (see 
Section 2.b.). The rioters were charged later with unlawful 
demonstration and threatening the peace. Vice President Omar Ali Juma 
said publicly that the force used to combat the demonstrators was 
excessive and disproportional.
    Pervasive corruption is a serious problem in the police force (see 
section 1.d.). In June the Inspector General of Police fired 150 police 
officials, the majority for corruption.
    The People's Militia Laws, as amended by Parliament in 1989, bestow 
quasilegal status on the traditional Sungusungu neighborhood and 
village anticrime groups. Participation in these groups was compulsory 
prior to the 1995 election. In the past, these groups were criticized 
for using excessive force with criminal suspects. While largely 
moribund since 1995, the Sungusungu still exist, particularly in rural 
areas. As a result of the President's 1997 initiative to have 
government law enforcement officials work cooperatively with 
Sungusungu, members of Sungusungu were given additional benefits on a 
par with those given to members of the People's Militia, including the 
right to arrest persons. In return members of Sungusungu were to be 
held accountable for any abuses; however, none were held accountable 
for abuses during the year.
    As a result of increased criminal activity allegedly perpetrated by 
some Burundian refugees, there is significant hostility and resentment 
against Burundian refugees. In May in Kasulu, approximately 50 
Burundian refugee women collecting firewood allegedly were attacked and 
raped by villagers in reprisal for the killing of a local teacher (see 
Section 1.a.). Eleven men were arrested for the rape and the trial was 
ongoing at year's end.
    There is growing concern over violence allegedly perpetrated by 
some armed Burundian and Rwandan refugees. Local officials reported 
incidents of banditry, armed robbery, and violent crime, perpetrated by 
refugees in the areas surrounding refugee camps. Women and girls in 
refugee camps suffered a high level of rape and gender abuse 
perpetrated by other refugees. There were also reports that some 
refugees engage in vigilante justice within camps, beating and 
torturing other refugees (see section 2.d.).
    Prison conditions remained harsh and life threatening. Government 
officials acknowledged that prisons are overcrowded and living 
conditions are poor. The prisons were designed to hold 21,000 persons, 
but the actual prison population is estimated at 43,000 persons. The 
Government is expanding prisons, but its efforts have not kept pace 
with the growing number of prisoners. Some prisoners are paroled or 
receive suspended sentences as a means of relieving overcrowding. The 
Government did not release statistics on the prison expansion program 
or on the exact extent of the overcrowding during the year. The daily 
amount of food allotted to prisoners is insufficient to meet their 
nutritional needs, and even this amount is not always provided. In 1998 
the Commissioner of Prisons stated that his department received 
inadequate funds for medicine and medical supplies. Prison dispensaries 
only offer limited treatment, and friends and family members of 
prisoners generally must provide medication or the funds with which to 
purchase it. Serious diseases, such as dysentery, malaria, and cholera, 
are common and result in numerous deaths. In January a prisoner who was 
denied medical treatment for almost a month died en route to a 
hospital. Another person died at a bus stop within minutes of being 
released from Segerea prison. Convicted prisoners are not allowed to 
receive food from the outside and often are moved to different prisons 
without notification to their families. There are credible reports that 
guards beat and abuse prisoners.
    The Warioba Commission reported that wardens give favorable 
treatment to certain prisoners at the expense of others. In May 56 
detainees in a Dar Es Salaam prison refused to attend court proceedings 
in protest of harassment by police officials. They said that the police 
demanded bribes for visitation rights and demanded sexual favors from 
female prisoners. Pretrial detainees are held together with those 
serving sentences but are allowed to receive food from the outside.
    Women sent to remand prison report being forced to sleep naked and 
being subjected to sexual abuse by wardens.
    In April the Tanzania Prisons Service, in cooperation with the 
University of Dar Es Salaam and the Raul Wallenberg Institute,held a 5-
day seminar in Arusha to address the problem of prison overcrowding. No 
action was taken on the seminar's resolutions during the year.
    The International Committee of the Red Cross (ICRC) has been 
permitted to monitor prison conditions. The Government also granted 
permission to a local nongovernmental organization (NGO) to visit 
prisons.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention are problems. The Criminal Procedure Code, amended in 1985, 
requires that a person arrested for a crime, other than a national 
security charge under the Preventive Detention Act, be charged before a 
magistrate within 24 hours; however, in practice the police often fail 
to comply. The 1985 amendments also restricted the right to bail and 
imposed strict conditions on freedom of movement and association when 
bail is granted. Because of backlogs, an average case takes 2 to 3 
years or longer to come to trial. Observers estimate that only about 5 
percent of persons held in remand ultimately are convicted, and in many 
cases, those convicted already had served their full sentences before 
their trial was held.
    The code provides for a right to defense counsel. The Chief Justice 
assigns lawyers to indigent defendants charged with serious crimes such 
as murder, manslaughter, and armed robbery. There are only a few 
hundred practicing lawyers in the country and most indigent defendants 
charged with lesser crimes do not have legal counsel. In many cases, 
accused persons are denied the right to contact a lawyer or talk with 
family members. Bribes often determine whether bail is granted or even 
whether a case is judged as a civil or criminal matter. There are 
reports of prisoners waiting several years for trial because they could 
not pay bribes to police and court officials. Authorities acknowledge 
that some cases have been pending for several years.
    Under the Preventive Detention Act, the President may order the 
arrest and indefinite detention without bail of any person considered 
dangerous to the public order or national security. This act, as 
amended in 1985, requires that the Government release detainees within 
15 days of detention or inform them of the reason for their detention. 
A detainee also is allowed to challenge the grounds for detention at 
90-day intervals. The Preventive Detention Act has not been used for 
many years; however, despite a landmark ruling by the Court of Appeal 
in 1991 that the Preventive Detention Act could not be used to deny 
bail to persons not considered dangerous to society, the Government 
still has not introduced corrective legislation. The Law Reform 
Commission recommended that the act be repealed; however, the President 
said that repeal was unnecessary if the law was not being used. In 
October a court charged a popular Muslim leader arrested for allegedly 
inciting violence against Christians with seditious intention and 
denied him bail because it reportedly feared that he might commit the 
same crime again. The Government has additional broad detention powers 
under the Regions and Regional Commissioners Act and Area Commissioners 
Act of 1962. These acts permit regional and district commissioners to 
arrest and detain for 48 hours, persons who may ``disturb public 
tranquillity.''
    Police continued to make arbitrary arrests, although less 
frequently than in the previous year. The police occasionally arrest 
relatives of criminal suspects and hold them in custody without charge 
for as long as several years in an attempt to force suspects to 
surrender. Such detainees who manage to get their cases before a judge 
usually are set free; however, some were rearrested immediately when 
they left the courtroom.
    According to the Warioba Commission report, police arrest innocent 
persons, accuse them of fictitious crimes, and withdraw or reduce the 
charges upon payment of bribes. There have been several complaints that 
police regularly hide their badge numbers while on duty so that 
complainants cannot report abuses. During the year, the Government 
dismissed over a dozen police officers from the force for abuse of 
power, and some police officers have been charged and prosecuted; 
however, the impact of these efforts was limited.
    In June a journalist with the Daily Mail was detained at the 
central police station in Dar Es Salaam for 2 hours for questioning 
(see Section 2.a.). Two journalists were arrested during the year on 
charges of sedition; one was held without bail for approximately 1 week 
(see Section 2.a.). In October authorities arrested and detained 
opposition leader Augustine Mrema for making derogatory statements 
about President Mkapa's wife and the NGO she operates. Mrema was also 
charged with sedition for statements he made about former President 
Julius Nyerere. In November authorities arrested opposition leader 
Reverend Christopher Mtikila and a boy for distributing audiocassettes 
which contained derogatory statements about Nyerere. The boy was 
released on bail, but Mtikila remained in detention pending a trial at 
year's end. In December authorities arrested and detained the regional 
chairman of the Chadema party and a Chadema candidate after their party 
held a rally challenging the results of a local by-election. They 
werecharged with inciting the public to violence, blocking the road, 
and burning tires.
    In September police arrested a popular Muslim leader charged with 
preaching in violation of a law prohibiting incitement against other 
religions (see Section 2.c.). Soon after, the police banned a rally 
scheduled by Muslims to protest his arrest (see Sections 2.b. and 
2.c.).
    In April 160 demonstrators with the opposition party NCCR-Maguezi 
were arrested and charged with holding an unlawful demonstration (see 
Sections 1.c., 2.b. and 3).
    Since the 1995 election, police in Zanzibar, particularly on Pemba, 
regularly have detained, arrested, or harassed CUF members and 
suspected supporters. Despite orders from the Union Government's 
Inspector General of Police, officers in Zanzibar continued these 
activities. In 1997 and 1998, police arrested 18 CUF officials, 
including M.P.'s, and charged them in June with treason for attempting 
to overthrow the Zanzibar Government. Several sources, including the 
detainees themselves, report that they do not receive adequate medical 
care, including basic malaria prophylaxis; however, the ICRC visited 
the 18 officials and reported that they were being treated adequately. 
Their hearing was postponed repeatedly by government prosecutors, and 
the trial was pending at year's end. The Government continued to arrest 
opposition politicians for acts that it regarded as seditious (see 
Sections 2.b. and 3).
    The Government does not used forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, it suffers from executive interference, 
corruption, and inefficiency. Nevertheless, the higher courts 
increasingly have demonstrated independence from the Government. Senior 
police or government officials no longer pressure or reassign judges 
who make unpopular rulings. For example, in June the Chief Justice of 
the Court of Appeal denied the Government's appeal against an 
injunction granted to the National Women's Council, thereby permitting 
the Council's continued operation. However, independent observers 
continued to criticize the judiciary, especially at lower levels, as 
corrupt and inefficient, and questioned the system's ability to provide 
a defendant with an expeditious and fair trial. The Warioba Commission 
found that pervasive corruption affected the judiciary from clerks to 
magistrates. Clerks took bribes to decide whether or not to open cases 
and to hide or misdirect the files of those accused of crimes. 
Magistrates often accepted bribes to determine guilt or innocence, pass 
sentences, withdraw charges, or decide appeals. The Government 
initiated efforts as early as 1991 to highlight judicial corruption, 
and the Chief Justice continued a campaign against corruption in the 
judiciary. During the year, several magistrates resigned after the 
Chief Justice was presented with credible evidence of their corruption.
    The legal system is based on the British model, with modifications 
to accommodate customary and Islamic law in civil cases. Christians are 
governed by customary or statutory law in both civil and criminal 
matters. Muslims may apply either customary law or Islamic law in civil 
matters. The court system consists of primary courts, district courts, 
the High Court, and the Court of Appeal. Advocates defend clients in 
all courts, except in the primary courts. There is no trial by jury. In 
addition to judges, there are district (or resident) magistrates. The 
law also provides for commercial courts, land tribunals, housing 
tribunals, and military tribunals. Military courts do not try 
civilians, and there are no security courts. Defendants in civil and 
military courts may appeal decisions to the High Court and Court of 
Appeal.
    Zanzibar's court system generally parallels that of the mainland 
but retains Islamic courts to adjudicate Muslim family cases such as 
divorce, child custody, and inheritance. Islamic courts only adjudicate 
cases involving Muslims. Cases concerning Zanzibar constitutional 
issues are heard only in Zanzibar's courts. All other cases may be 
appealed to the national Court of Appeal.
    Criminal trials are open to the public and to the press; courts 
must give reasons on the record for holding secret proceedings. 
Criminal defendants have the right of appeal.
    Bail is set on a discretionary basis by judges based on the merits 
of each case. However, there is no bail in murder or armed robbery 
cases. In October a popular Muslim leader charged with sedition was 
denied bail (see Section 2.c.). The presiding magistrate stated that 
this was done for the Muslim leader's protection. In November the High 
Court in Dar Es Salaam ordered the release on bail of two journalists 
who previously had been denied bail on the grounds that their life 
would be in danger if released (see Sections 1.d. and 2.a.).
    While juvenile courts have existed in principle since 1964, there 
was not a separate facility for young offenders until 1997; however, 
the court is underutilized and many juvenile offendersstill are tried 
in adult courts. In 1998 a magistrate ordered prosecutors to stop 
prosecuting juveniles in adult courts; however, because of the huge 
backlog in the country's only juvenile court, some cases continue to be 
sent through the traditional court system where they are processed 
faster.
    There were no reports of political prisoners on the mainland. At 
year's end, there were 18 political prisoners in Zanzibar.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution generally provides for these rights; 
however the Government continued to interfere with these rights. During 
the years in which Tanzania was a one-party state, the CCM penetrated 
all levels of society through local cells, varying in size from single 
family homes to large apartment buildings and containing from 10 to 200 
persons. Unpaid party officials served as 10-cell leaders with 
authority to resolve problems at the grassroots level and to report to 
authorities any suspicious behavior, event, or noncompliance with 
compulsory night patrol service in the neighborhood. In 1993 elections 
were held for new grassroots leaders to replace the CCM 10-cell leaders 
in nonparty business. Few voters participated in these elections, which 
were boycotted by the opposition, and the 10-cell leaders retained 
nearly all of their power and influence, particularly in rural areas. 
However, since the 1993 elections the role of the cells has diminished 
considerably, particularly in areas where opposition parties are 
strong. While in the past CCM membership was necessary for advancement 
in political and other areas, CCM membership is now voluntary. 
Nonetheless, some government employees, particularly in Zanzibar, who 
supported opposition candidates have lost their jobs, and some students 
have been expelled from school because of their families' political 
affiliation (see Section 3).
    A political agreement between the CCM and the main opposition 
party, the CUF, was signed in June to make the political process in 
Zanzibar fairer (see Section 3); however, at year's end, nothing had 
been done to redress the situation.
    The Criminal Procedures Act of 1985 authorizes police officials, 
including the civilian anticrime groups, to issue search warrants; 
however, the act also authorizes searches of persons and premises 
without a warrant if necessary to prevent the loss or destruction of 
evidence connected with an offense or if circumstances are serious and 
urgent. In practice police and members of other security services 
rarely requested warrants, and often searched private homes and 
business establishments at will.
    The security services reportedly monitor telephones and 
correspondence of some citizens and foreign residents.
    The police threaten, mistreat and occasionally beat, and arrest 
relatives of criminal suspects and detain them without charge in an 
effort to force suspects to surrender (see Sections 1.c. and 1.d.).
    National employment directives stipulating the nature of employment 
and location of residence give authorities the right to transfer 
citizens to another area to ensure their productive employment (see 
Section 2.d.).
    In July Muslims protested a government ban on Muslim school 
uniforms in public schools (see Sections 1.c., 2.b. and 2.c.)
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government limited 
these rights in practice. Various laws, such as the Newspaper Act and 
the Broadcasting Act, limit the media's ability to function 
effectively. Government ministers and the Registrar of Newspapers 
pressure journalists to practice self-censorship. The Government also 
denied political opponents unrestricted access to the media. In January 
the Government lifted the ban on two newspapers, Majira and Mtanzania; 
however, in July the Government again banned Majira for 1 week for 
publishing information on proposed salaries for government ministers 
and Members of Parliament. In 1998 the Government banned the printing, 
publication, and circulation of the Chombeza, Arusha Leo, and Kasheshe 
newspapers for publishing abusive cartoons. When two new tabloids took 
their place, the Government also closed them.
    In June a journalist with the Daily Mail was detained at the 
central police station in Dar Es Salaam for 2 hours for questioning 
after he published a report on overcrowding at the central police 
station. Two journalists were arrested during the year on charges of 
sedition; one of the journalists was sentenced upon first appearing in 
court, but the second, who was indicted for not revealing a source, was 
held without bail for approximately 1 week. In December a Magistrate's 
Court sentenced the Reverend Christopher Mtikila to 1 year in prison 
for allegedly seditious comments he made in 1997.
    Except in Zanzibar, citizens generally enjoyed the right to discuss 
political alternatives freely. Opposition political party members and 
others openly criticize the Government and ruling party in public 
forums; however, persons using ``abusive language'' against the 
country's leadership may be subject to arrest, and the Government used 
this provision to detain some opposition figures.
    On Zanzibar the Government controls radio and television, and also 
implements a restrictive policy with regard to print media. In 1998 a 
Zanzibar government minister threatened three newspapers because of 
their allegedly negative reporting. Soon thereafter, amendments to the 
Zanzibar News Act further circumscribed journalists' freedom of action, 
by giving authorities greater protection for the harassment, detention, 
and interrogation of journalists. In March the Zanzibar Director of 
Information Services reportedly banned a local freelance journalist 
from working on the island, allegedly because he invented stories about 
the Government. Private mainland newspapers are widely available, and 
many residents can receive mainland television.
    The press on the mainland is, on the whole, lively and outspoken. 
Even the government-owned newspaper occasionally reports events that 
portray the Government in an unflattering light. There are 9 daily 
newspapers and 15 other newspapers in English and Kiswahili, along with 
another dozen periodicals, some of which are owned or influenced by 
political parties, both the CCM and the opposition. The rising cost of 
newsprint resulted in the closure of 15 newspapers in 1996. There is no 
official censorship, but throughout the year the Government continued 
to pressure newspapers to suppress or change articles unfavorable to 
it. In October the Government revoked the registration of 291 
publications that had not published during the last 3 years.
    Private radio and television stations broadcast in Dar Es Salaam 
and in a few other urban areas, although their activities may be 
circumscribed. The Government reportedly does not censor news reports, 
but attempts to influence their content. Some journalists, such as 
those in Zanzibar, exercise self-censorship on sensitive issues. 
Journalists who report arrests can be charged with obstructing police 
activity under the 1964 Police Act. The authorities occasionally 
prevent television cameramen from filming the swearing in of an 
opposition Member of Parliament.
    The Union Government sought to maintain some control over the 
private media with the establishment in 1997 of a code of conduct for 
journalists and a media council. With the leadership of the local 
chapter of the Media Council for Southern Africa and the Association of 
Journalists and Media Workers, journalists forced the Government to 
agree to a voluntary code of ethics and establishment of a Media 
Council intended to preserve and expand media freedom. The Council was 
inaugurated formally on August 16, 1997, although it began operating in 
1995. Thus far, it has proved ineffectual except as a sounding board 
for complaints against the media.
    Academic freedom largely is respected in practice. Academics, 
increasingly outspoken in their criticism of the Government, stepped up 
their calls for reform during the year.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly; however, the Government 
limits this right in practice. Political parties that seek to hold 
rallies must give the police 48 hours' advance notice. Police have the 
authority to deny permission on public safety or security grounds or if 
the permit seeker belongs to an unregistered organization or political 
party. Authorities arrested citizens for assembling without the 
appropriate permit. In September police banned a rally scheduled by 
Muslims to protest the arrest in September of a popular Muslim leader 
(see Sections 1.d and 2.c.).
    Opposition parties generally are able to hold rallies; however, CUF 
meetings on Zanzibar have been restricted far more than other parties, 
although since the signing of a political agreement between the CUF and 
the CCM (see Section 3), the CUF successfully held several rallies. In 
February police dispersed an opposition procession. In April field 
force unit officers used clubs to disperse a peaceful demonstration by 
members of the opposition party NCCR-Maguezi, injuring several persons 
(see Section 1.c). Later, 160 demonstrators were arrested and charged 
with holding an unlawful demonstration (see Section 1.d.). In July 
police used tear gas and clubs to disperse a peaceful demonstration by 
Muslims protesting a government ban on Muslim school uniforms in public 
schools (see Section 1.c.). The rioters were charged later with 
unlawful demonstration and threatening the peace. Also in July the 
Government threatened to take disciplinary action against the CUF for 
demonstrating with a coffin marked with President Mkapa's name; 
however, no action was taken against them by year's end. In December 
authorities arrested and detained the regional chairman of the Chadema 
party and a Chadema candidate after their party held a rally 
challenging the results of a local by-election (see Section 1.d.).
    Police continue to break up meetings attended by persons thought to 
be opposed to the Zanzibar Government. In Pemba security forces broke 
up gatherings and intimidated opposition party officials.
    The Government continued to arrest opposition politicians for 
holding meetings, distributing information, and other acts that it 
regarded as seditious (see Sections 1.d. and 3).
    The Constitution provides for freedom of association; however, the 
Government limits this right in practice. The Registrar of Political 
Parties has sole authority to approve or deny the registration of any 
political party and is responsible for enforcing strict regulations on 
registered or provisionally registered parties. The Constitution and 
other legal acts stipulate that citizens cannot establish new political 
parties; candidates must be members of 1 of the 13 registered political 
parties. The Electoral Law prohibits independent candidates; requires 
all standing M.P.'s to resign if they join another party; requires all 
political parties to support the union with Zanzibar; and forbids 
parties based on ethnic, regional, or religious affiliation. Parties 
granted provisional registration may hold public meetings and recruit 
members. They have 6 months to submit lists of at least 200 members in 
10 of the country's 25 regions, including 2 regions in Zanzibar, in 
order to secure full registration and to be eligible to field 
candidates for election. Unregistered parties are prohibited from 
holding meetings, recruiting members, or fielding candidates. In 
October the Registrar of Political Parties called the registration 
provisions too restrictive, stating that if the letter of the law was 
adhered to, not a single party would fulfill its registration 
requirements. Therefore, given the difficulties that all parties faced, 
it would be unfair to deregister any one party; no party was 
deregistered during the year.
    The most prominent unregistered party is the Reverend Christopher 
Mtikila's Democratic Party, which advocates the dissolution of the 
union and the expulsion of minorities from the mainland. Despite his 
party's lack of government recognition, Mtikila was able to publicize 
his views through his legally registered church and through ongoing 
lawsuits against the Government.
    Under the Societies Ordinance, the Ministry of Home Affairs must 
approve any new association. Several NGO's have been formed in the last 
few years to address the concerns of families, the disabled, women, and 
children. The Government suspended registration of new NGO's in 1997, 
pending the enactment of new NGO legislation, which was scheduled for 
late 1997; however, such legislation was not introduced and details of 
the proposed legislation (which is viewed as restrictive) still were 
being discussed within the Government, with some input from NGO's, at 
year's end. The result of this delay is that new registrations have 
been suspended. The Government continued to harass the National Women's 
Council for allegedly engaging in political activity contrary to its 
charter. In June the Chief Justice of the Court of Appeal ruled against 
the Government's appeal on an injunction, thereby permitting the 
Council's continued operation (see Section 1.e.).
    A number of professional, business, legal, and medical associations 
only have begun to address political topics. The Government withheld 
registration from an NGO called Defenders of Human Rights in Tanzania 
(see Section 4) for more than 3 years before finally denying it 
registration in during the year. A youth group also has been denied 
registration on the grounds that there already was a youth organization 
affiliated with the CCM. The Government continued to refuse 
registration of the African Human Rights and Justice Protection Network 
on the grounds that it was politically oriented (see Section 4). 
Opposition leaders complain that the Zanzibar Government is even more 
restrictive in registering societies than the Union Government.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion and the Government generally respects this right in practice, 
subject to measures that it claims are necessary to ensure public order 
and safety. The Government does not penalize or discriminate against 
any individual on the basis of religious beliefs or practices; however, 
individual government officials are alleged to favor persons who share 
the same religion in the conduct of business.
    The Government requires that religious organizations register with 
the Registrar of Societies at the Home Affairs Ministry. In order to 
register, religious organizations must have at least 10 followers and 
must provide a constitution, the resumes of their leaders, and a letter 
of recommendation from their District Commissioner. Christian groups 
also must provide letters of recommendation from the leaders of three 
registered Christian churches or from a Christian Council of a similar 
denomination. Muslim groups also must have letters from the leaders of 
three registered mosques. These additional requirements apply to other 
religious organizations in the same manner. There were no reports that 
the Government refused to register any religiousgroups that met these 
criteria. Registered religious organizations do not pay taxes.
    The law prohibits preaching if it incites persons against other 
religions. Following riots in Mwembechi in 1998 (see Section 1.c.), the 
Government charged that some religious leaders were inciting their 
adherents to violence. The Prime Minister stated that the Government 
would further restrict individuals and organizations that were so 
involved. The Vice President also stated that the Government would 
ensure that religion was not used to destabilize the country. The 
Ministry of Home Affairs subsequently sent 22 religious organizations a 
letter demanding that they show cause why they should not be 
deregistered and expelled from the country. The Ministry had not acted 
to deregister these organizations by year's end, although the threat to 
do so remained. In September police arrested a popular Muslim leader 
for inciting his followers against other religions. A week later, the 
police canceled a planned Muslim demonstration to protest his arrest. 
In October the Muslim leader was charged with seditious intent and 
denied bail (see Section 1.e.).
    In July police used tear gas and clubs to disperse a peaceful 
demonstration by Muslims protesting a government ban on Muslim school 
uniforms in public schools (see Section 1.c.).
    The Government failed to respond to growing tensions between the 
Muslim and Christian communities. The Government appears to recognize 
that a problem exists, but it chose not to take action. The Government 
cancelled two meetings with Muslim and Christian leaders aimed at 
improving relations between the two communities. Even senior Muslim 
officials in the Government appear unwilling to address the problem, 
aside from general criticism of those who would foment religious 
conflict.
    National and regional parole boards, constituted in 1998, were 
dissolved when it was found that they did not include Muslim members, 
and the Government named new boards in January. It was disclosed in 
February that the Government was investigating reports that the 
National Muslim Council of Tanzania was receiving millions of dollars 
from unknown sources in the Middle East and was considered a possible 
``security risk.''
    Christians are governed by customary or statutory law in both civil 
and criminal matters. Muslims may apply either customary law or Islamic 
law in civil matters. Zanzibar's court system generally parallels the 
mainland's legal system but retains Islamic courts to adjudicate cases 
of Muslim family law, such as divorce, child custody, and inheritance.
    The Government has banned religious organizations from involvement 
in politics.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Government imposes some limits on 
these rights. Short-term domestic travel is not restricted, but 
citizens must follow the Human Resources Deployment Act of 1983, which 
requires local governments to ensure that every resident within their 
area of jurisdiction is engaged in productive and lawful employment. 
Those not employed were subject to transfer to another area where 
employment was available. The National Employment Service Act, 
implemented in April, repealed the Human Resources Deployment Act of 
1983. The new act provides for training of youths to be self-employed, 
without having to be moved to other areas. In October the Dar Es Salaam 
regional commissioner publicly called for renewed efforts to round up 
beggars and send them out of the city.
    Passports for foreign travel may be difficult to obtain, mostly due 
to bureaucratic inefficiency and officials' demands for bribes. 
Citizens can return without difficulty.
    Mainlanders are required to show identification to travel to 
Zanzibar; however, Zanzibaris need no special identification to travel 
to the mainland. Mainlanders are not allowed to own land in the 
islands, except in partnership with foreign investors. There is no 
prohibition against mainlanders working in the islands; however, in 
practice, few mainlanders are hired.
    The law includes provisions for the granting of refugee and asylee 
status in accordance with the provisions of the 1951 U.N. Convention 
Relating to the Status of Refugees and its 1967 Protocol. The 
Government cooperates with the U.N. High Commissioner for Refugees. The 
Government traditionally has maintained a generous open border policy 
both with regard to neighboring countries' refugees and to persons 
seeking political asylum. However, following an influx of Rwandan 
refugees in early 1995, the Government temporarily closed its borders 
with Rwanda and Burundi. Nevertheless, tens of thousands of asylum 
seekers were able to enter the country. In 1998 Rwandans again were 
allowed to seek asylum in Tanzania. During the year, a relatively small 
number of Rwandans who feared for their safety were granted asylum by 
the Government and appeals by others who petitioned for asylum are 
pending. The Government continues tooffer first asylum to over 400,000 
refugees from Burundi and the Democratic Republic of Congo.
    The UNHCR facilitated the voluntary repatriation of Burundi 
refugees until August when efforts were abandoned due to growing 
insecurity in Burundi.
    Refugee camps in the west were plagued by food shortages, 
overcrowding, and malaria outbreaks during the year. Women and girls in 
refugee camps suffered a high level of rape and gender abuse 
perpetrated by other refugees. There were reports that some refugees 
engage in vigilante justice within camps, beating and torturing other 
refugees.
    Significant resentment and hostility against Burundian refugees is 
a problem (see Section 1.c.). In May in Kasulu, approximately 50 
Burundian refugee women collecting firewood allegedly were attacked and 
raped by villagers in reprisal (see Sections 1.a. and 1.c.).
    There is a growing concern over violence allegedly perpetrated by 
some armed Burundian and Rwandan refugees. Local officials reported 
incidents of killings, banditry, armed robbery, and violent crime, 
perpetrated by refugees in the areas surrounding refugee camps (see 
Sections 1.a. and 1.c.).
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    A multiparty political system was introduced officially in 1992, 
and in 1995 for the first time in more than 30 years, citizens 
exercised their right to change their government through national 
elections for president and parliament. The CCM, with huge advantages 
over opposition parties in membership and access to resources, 
including its own daily Kiswahili language newspaper, retained 186 of 
232 elective seats in Parliament and won the presidency. Despite the 
Government's tactics to restrict or delay the activities of its 
opponents, the opposition achieved occasional success in judicial 
challenges and received about 38 percent of the vote. In late 1996, 
following its loss in a by-election, the Government issued new 
directives limiting political activity and fund raising on the grounds 
of maintaining order. On the mainland, the seven by-elections that were 
held during the year were marred on occasion by violence. Tight 
security was employed at polling places. Opposition candidates did not 
win any of the seven by-elections held during the year.
    The Government continued to harass its opponents and arrested 
opposition politicians for holding meetings, distributing information, 
and other acts that it regarded as seditious (see Sections 1.d. and 
2.b.). In advance of a Dar Es Salaam by-election in July, government 
officials harassed opposition supporters, and some violent incidents 
took place after the election, when opposition supporters accused the 
CCM of rigging the voting. In April members of the opposition party 
NCCR-Maguezi held a peaceful demonstration at the U.N. offices in Dar 
Es Salaam to protest what they believed were antiopposition activities 
by the police force. Field force unit officers used clubs to disperse 
the demonstration, injuring several persons (see Sections 1.c and 
2.b.). A total of 160 demonstrators were arrested and charged with 
holding an unlawful demonstration (see Sections 1.d. and 2.b.). In 
December authorities arrested and detained the regional chairman of the 
Chadema party and a Chadema candidate after their party held a rally 
challenging the results of a local by-election (see Section 1.d.).
    In May popular opposition leader and M.P. Augustine Mrema was 
prohibited from running for reelection by a High Court injunction that 
stated that he was ineligible to run because he had changed political 
parties, and had not yet been designated formally as chairman of his 
new party.
    The Constitution of Zanzibar provides citizens with the right to 
change their government peacefully; however, this right has been 
circumscribed severely. The 1995 presidential election in Zanzibar was 
flawed seriously. Government-owned broadcast media in Zanzibar were 
biased in favor of the CCM incumbent President Salmin Amour Juma. The 
government party intimidated and harassed the opposition and did not 
permit opposition rallies until 2 months prior to the election. In 
addition, registration was limited to persons who had maintained the 
same residence for 5 years, which disenfranchised many voters. CUF 
Party members also were detained by police when they attempted to 
campaign in rural areas. Election observers in Zanzibar were denied 
access to the tabulation of votes from polling stations. After 4 days, 
the Zanzibar Electoral Commission, appointed by the Amour government, 
announced that Amour had won by 0.5 percent of the vote. Figures 
tabulated by the CUF showed a similarly close victory for its 
candidate. After efforts by the international community to reconcile 
discrepancies in the vote counting, observers concluded that the 
official results may have been inaccurate. The Zanzibar and Union 
Governments both rejected calls to overturn the result and conduct a 
new election for the presidency of Zanzibar.
    In the 4 years since the election, government security forces and 
CCM gangs harassed and intimidated CUF members on both main Zanzibar 
islands, Pemba and Ugunja. Because the CUF won all 20 seats on Pemba, 
Pembans living on Ugunja were regarded as CUF supporters and as a 
result were harassed. The CUF accused police of detaining dozens of its 
members including several local leaders. Many CUF supporters left 
Ugunja for Pemba or the mainland; however, citizens' safety is not 
assured in Pemba, where security forces dispersed gatherings and 
intimidated persons. Some Zanzibar government employees who voted for 
the opposition in a late 1997 by-election lost their jobs, and students 
on Pemba report expulsions from school because of their families' 
political affiliations. Almost all international donors have suspended 
direct assistance to Zanzibar in response to the authorities' human 
rights abuses. Under pressure from the international community, the 
ruling CCM party and the main opposition party, the CUF, signed a 
political agreement in June to make the political process in Zanzibar 
fairer; however, the provisions of the agreement were not fully 
implemented by year's end and observers believe that the Government did 
not act in good faith in the period following the signing of the 
agreement.
    There are no legal restrictions in law on the participation of 
women in politics and government; however, in practice women are 
underrepresented in government and politics. Eight of 232 elected 
members of the Union Parliament are women. In addition, 37 female 
members of the CCM and opposition parties were appointed to Parliament 
to seats reserved for women in order to meet the legal requirement that 
at least 15 percent of Members of Parliament be women. The President 
has set a goal that women constitute 30 percent of parliamentarians 
elected in 2000. Three of the Cabinet's 27 ministers are women.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government has obstructed the formation of local human rights 
groups. Persons seeking to register human rights NGO's, such as the 
Defenders of Human Rights in Tanzania and the Tanzania Human Rights 
Education Society, complained that the Ministry of Home Affairs 
continued to delay action on their applications (see Section 2.b.). 
This hampered their access and efforts to monitor violations of human 
rights. The Government continued to refuse registration of the African 
Human Rights and Justice Protection Network on the grounds that it was 
politically oriented. The Government had withheld registration from the 
NGO Defenders of Human Rights in Tanzania for more than 3 years before 
finally denying it registration in during the year. In June the 
Government reinstated the National Women's Council, an NGO that it had 
deregistered in 1997 (see Section 2.b.).
    Government officials have said that international human rights 
groups are welcome to visit the country. Amnesty International visited 
during the year. There were discussions, both within the Government and 
among NGO's, concerning the formation of a human rights commission; 
however, there are sharp differences on how independent it should be. 
There had been no action on this matter by year's end.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on nationality, 
tribe, origin, political affiliation, color, or religion. 
Discrimination based on sex, age, or disability is not prohibited 
specifically by law but is discouraged publicly in official statements. 
Discrimination against women and religious and ethnic minorities 
persisted.
    Women.--Violence against women remained widespread. Legal remedies 
exist in the form of assault provisions under the Criminal Code; 
however, in practice these provisions are difficult to enforce. The 
Marriage Act of 1971 makes a declaration against spousal battery, but 
does not prohibit it or provide for any punishment. Traditional customs 
that subordinate women remain strong in both urban and rural areas and 
local magistrates often upheld such practices. Women may be punished by 
their husbands for not bearing children. It is accepted for a husband 
to treat his wife as he wishes, and wife beating occurs at all levels 
of society. Cultural, family, and social pressures prevent many women 
from reporting abuses to the authorities. Nonetheless, in 1998 the 
Ministry of Home Affairs noted that an average of 10,000 cases of wife 
beating are reported annually. In 1998 the Ruvuma regional crime 
officer noted that a large number of women are killed by their husbands 
or commit suicide as a result of domestic battery. Women in refugee 
camps suffered a high level of rape and gender abuse perpetrated by 
other refugees (see section 2.d.). Government officials frequently make 
public statements criticizing such abuses, but action rarely is taken 
against perpetrators. In 1998 in response to intensified concern about 
violence against women, Parliament passed into law the Sexual Offenses 
Special Provisions Bill which, among other things, provides for life 
imprisonment for persons convicted of rape andchild molestation. 
Several persons were prosecuted for rape and battery under this law 
during the year.
    Several NGO's provide counseling and education programs on women's 
rights problems, particularly sexual harassment and molestation. In 
June the Government reinstated the National Women's Council, an NGO it 
had deregistered in 1997 (see Section 2.b.).
    Although the Government advocates equal rights for women in the 
workplace, it does not ensure these rights in practice. In the public 
sector, which employs 80 percent of the salaried labor force, certain 
statutes restrict women's access to some jobs or hours of employment. 
For example, in general, women may not be employed between 10 p.m. and 
6 a.m. (see Section 6.e.). While progress on women's rights has been 
more noticeable in urban areas, strong traditional norms still divide 
labor along gender lines and place women in a subordinate position. 
Discrimination against women is most acute in rural areas, where women 
are relegated to farming and raising children, and have almost no 
opportunity for wage employment. Custom and tradition often hinder 
women from owning property such as land, and may override laws that 
provide for equal treatment. Male colleagues sometimes harass women 
seeking higher education, and authorities largely have ignored the 
practice.
    The overall situation for women is less favorable in Zanzibar, 
which has a majority Muslim population. Women there, and on many parts 
of the mainland, face discriminatory restrictions on inheritance and 
ownership of property because of concessions by the Government and 
courts to customary and Islamic law. While provisions of the Marriage 
Act provide for certain inheritance and property rights for women, the 
application of customary, Islamic, or statutory law depends on the 
lifestyle and stated intentions of the male head of household. Thus 
far, the courts have upheld discriminatory inheritance claims, 
primarily in rural areas. Under Zanzibari law, unmarried women under 
the age of 21 who become pregnant are subject to 2 years' imprisonment.
    Children.--Government funding of programs for children's welfare 
remained miniscule. The Government has made some constructive efforts 
to address children's welfare, including working closely with the U.N. 
Children's Fund and other international and local organizations to 
improve the well being of orphans and neglected children. Child labor 
is a problem (see Section 6.d.). A 1998 study funded by the 
International Labor Organization (ILO) reported a growth in child 
prostitution, including forced prostitution (see Sections 6.c. and 
6.f.).
    The law provides for 7 years of compulsory education through the 
age of 15; however, it is no longer free. Fees are charged for books, 
enrollment, and uniforms, with the result that some children have been 
denied an education. The primary school dropout rate is between 30 and 
40 percent. The literacy rate is approximately 70 percent; however, for 
girls it is only 57 percent compared with 80 percent for boys. In the 
past, girls who became pregnant were expelled from school. Despite a 
1996 law to permit pregnant girls to continue their education following 
maternity absences, the practice of forcing pregnant girls out of 
school remains in effect. The rate of girls' enrollment in school is 
lower than that of boys, and generally declines with each additional 
year of schooling. In some districts, there was a decline in attendance 
as the result of early marriage, often at the behest of parents. 
Nevertheless, there have been across the board increases in the rate of 
girls' participation since 1990.
    Although the Government officially discourages female genital 
mutilation (FGM), which is widely condemned by international health 
experts as damaging to both physical and psychological health, it still 
is performed at an early age in approximately 20 of the country's 130 
main ethnic groups. According to a 1996 health survey conducted by the 
Bureau of Statistics, FGM affects 18 percent of the female population. 
In some ethnic groups, FGM is compulsory, and in others, a woman who 
has not undergone the ritual may not be able to marry. Government data 
show this to be a problem that varies by region, with the most affected 
regions being Arusha (81 percent of women), Dodoma (68 percent), Mara 
(44 percent), Kilimanjaro (37 percent), Iringa (27 percent), Tanga/
Singida (25 percent), and Morogoro (20 percent). FGM is almost 
nonexistent in the rest of the country. Government officials have 
called for changes in practices that adversely affect women, and in 
1998 Parliament passed into law the Sexual Offenses Special Provisions 
Bill, under which several persons were prosecuted for FGM during the 
year. Some local government officials have begun to combat the practice 
and convicted and imprisoned some persons who performed FGM on young 
girls. Seminars sponsored by various governmental organizations and 
NGO's are held regularly in an attempt to educate the public on the 
dangers of FGM and other traditional practices. These practices include 
the tradition of inherited wives, which critics contend contributes to 
the spread of HIV/AIDS, and child marriages, which are sanctioned with 
parental consent under the Marriage Act of 1971 for girls 12 years of 
age or older. Whilesome authorities believe that FGM is declining, a 
1996 government report has suggested that it is on the rise, especially 
in the central region. In 1998 the Dodoma Traditional Practices and 
Beliefs Committee, supported by a World Health Organization grant, 
began a program to eliminate FGM in the Dodoma region.
    People with Disabilities.--The Government does not mandate access 
to public buildings, transportation, or government services for the 
disabled. Although there is no official discrimination against the 
disabled, in practice the physically disabled effectively are 
restricted in their access to education, employment, and provision of 
other state services due to physical barriers. The Government provides 
only limited funding for special facilities and programs.
    Religious Minorities.--Muslim-Christian relations are fragile and, 
particularly since the Mwembechi riots in 1998, Muslims are sensitive 
to perceived discrimination. Mainland Tanzania is 60 percent Christian 
and 40 percent Muslim, whereas Zanzibar is 97 percent Muslim. The 
Muslim community claims to be disadvantaged in terms of its 
representation in the civil service, government, and parastatals, in 
part because both colonial and early post-independence administrations 
refused to recognize the credentials of traditional Muslim schools. As 
a result, there is broad Muslim resentment of certain advantages that 
Christians are perceived to enjoy in employment and educational 
opportunities. Muslim leaders have complained that the number of Muslim 
students invited to enroll in government-run schools still was not 
equal to the number of Christians. In turn, Christians criticize what 
they perceive as lingering effects of undue favoritism accorded to 
Muslims in appointments, jobs, and scholarships by former President Ali 
Hassan Mwinyi, a Muslim. Despite these perceptions, there does not 
appear to be a serious widespread problem of religious discrimination 
in access to employment or educational opportunities.
    A few leaders in the Christian and Muslim communities appear to be 
fomenting religious tension between their groups. A small Christian 
group, Biblia ni jibu, attempted to promote Christianity by confronting 
Muslims at public gatherings, which often resulted in localized 
violence. There is a growing division between secular and extremist 
Muslims. For example, Muslims who drink, or who marry Christians are 
criticized sharply by extremist Muslims. Members of the extremist 
Muslim community also accused secular Muslims in the Government of 
supporting a Christian regime rather than protecting Muslim interests.
    National/Racial/Ethnic Minorities.--In the past, the Government 
discriminated against the Barabaig and other nomadic persons in the 
north. These ethnic groups continued to complain of past government 
discrimination because of efforts to make them adopt a more modern 
lifestyle and to restrict their access to pastoral land that was turned 
into large government wheat farms.
    The Asian community, which is viewed unfavorably by many African 
citizens, has declined by 50 percent in the past decade to about 50,000 
persons. There are no laws or official policies that discriminate 
against Asians; however, as the Government places greater emphasis on 
market-oriented policies and privatization, public concern regarding 
the Asian minority's economic role has increased. This has led to 
demands for policies of ``indigenization'' to ensure that privatization 
does not increase the Asian community's economic predominance at the 
expense of the country's African population.
Section 6. Worker Rights
    a. The Right of Association.--Both the Constitution and the 1955 
Trade Union Ordinance refer to the right of association for workers; 
however, workers do not have the right to form or join organizations of 
their choice. The 1991 Organization of Tanzania Trade Unions Act 
created the Organization of Tanzania Trade Unions (OTTU), renamed the 
Tanzania Federation of Trade Unions (TFTU) in 1995, as the only trade 
union organization. Although it still has not been registered formally, 
the TFTU acts in all but juridical proceedings under its new name. The 
TFTU has little influence on labor policy. The TFTU consists of 11 
independent trade unions that have the right to leave the TFTU and to 
collect their own dues, 5 percent of which are contributed to the 
federation. Only 1 of these 11 independent unions, the Tanzanian 
Teacher's Union, is registered. Unions exist in the workplace, but the 
absence of registration makes relations with employers difficult.
    Overall, only about 10 to 15 percent of the country's 2 million 
wage earners are organized. Although the TFTU nominally represents 60 
percent of workers in industry and government, in some sectors it 
deducts dues from workers' pay whether or notthey are members. All 
workers, including those classified as ``essential'' service workers, 
are permitted to join unions, but essential workers are not permitted 
to strike.
    There are no laws prohibiting retribution against legal strikers; 
however, workers have the legal right to strike only after complicated 
and protracted mediation and conciliation procedures leading ultimately 
to the Industrial Court, which receives direction from the Minister of 
Labor and Youth Development. If the TFTU is not satisfied with the 
decision of the Industrial Court, it may then conduct a legal strike. 
The mediation and conciliation procedures can prolong a dispute by 
months without resolving it. Pending a resolution, frustrated workers 
have staged impromptu, illegal wildcat strikes and walkouts. The last 
major strike took place in 1998 at Muhimbili Medical Center when more 
than 70 percent of the doctors and nurses went on strike for higher pay 
and better working conditions. In 1998 the Zanzibar Government pledged 
to review the island's labor laws in an effort to improve industrial 
relations and minimize labor disputes; however, at year's end, there 
was no progress on this issue.
    In 1998 the regional ILO representative called on the Government to 
ratify conventions on freedom of association, minimum working age, 
equal opportunity, and freedom from discrimination. The Government 
still had not responded to the ILO at year's end.
    The TFTU expanded upon its forerunner's membership in regional and 
pan-Africanist trade union organizations by joining the International 
Confederation of Free Trade Unions in 1996.
    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is protected by law but does not apply to the public sector. 
The Government sets wages for employees of the Government and state-
owned organizations administratively, although privatization and 
reductions in public sector employment have reduced such employees to 
about 5 percent of the work force.
    Although the TFTU negotiates on behalf of most private sector 
employees with the Association of Tanzanian Employers, collective 
agreements must be submitted to the Industrial Court for approval. The 
ILO has observed that these provisions are not in conformity with ILO 
Convention 98 on Collective Bargaining and the Right to Organize. The 
Security of Employment Act of 1964 prohibits discriminatory activities 
by an employer against union members. Employers found guilty of 
antiunion activities are required under the law to reinstate workers. 
The Warioba Commission found that bribes may determine whether a worker 
dismissed from his job actually is reinstated.
    There are no export processing zones (EPZ's) on the mainland, but 
there are three in Zanzibar. Working conditions are comparable to those 
in other areas. Labor law protections apply to EPZ workers.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, which also applies to children 
(although such labor by children is not prohibited specifically); 
however, such practices occur. In some rural areas, villagers still are 
obligated to work in the village community gardens or on small 
construction projects, such as repairing roads. There were reports of 
children forced into prostitution by parents or guardians in need of 
extra income, and children reportedly are trafficked to work in mines 
and other businesses (see Section 6.f.). The Government is working with 
NGO's to establish a specific prohibition against child labor. In 1999 
the Government drafted a National Child Labor Elimination policy 
designed to bring national law into compliance with international 
conventions, and in December the Government invited labor organizations 
and NGO's to comment on the draft law.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--By law children under the age of 12 are prohibited from 
working in the formal wage sector in both urban and rural areas, and 
the Government enforces this prohibition; however, the provision does 
not apply to children working on family farms or herding domestic 
livestock. Children between the ages of 12 and 15 may be employed on a 
daily wage and on a day-to-day basis, but they must have parental 
permission and return to the residence of their guardian at night. 
Approximately 250,000 children engage in child labor.
    The minimum age for work of a contractual nature in approved 
occupations is set at 15 years. The law prohibits a young person from 
employment in any occupation that is injurious to health and that is 
dangerous or otherwise unsuitable. Young persons between the ages of 12 
and 15 may be employed in industrial work but only between the hours of 
6 a.m. and 6 p.m., with some exceptions. The Ministry of Labor and 
Social Welfare and Youth Development is responsible for enforcement, 
but the number of inspectors is inadequate. The effectiveness of 
government enforcement reportedly has declined with increased 
privatization.
    Approximately 3,000 to 5,000 children engage in seasonal employment 
on sisal, tea, tobacco, and coffee plantations. Children working on 
plantations generally receive lower wages than their adult 
counterparts, although they may be in comparable jobs. Work on sisal 
and tobacco plantations is particularly hazardous and detrimental to 
children. From 1,500 to 3,000 children work in unregulated gemstone 
mines. Girls often are employed as domestic servants, mostly in urban 
households under abusive and exploitative conditions. In the informal 
sector, children assist their parents in unregulated piecework 
manufacturing.
    The Constitution does not specifically prohibit forced or bonded 
child labor, and there were reports of children forced into 
prostitution by their parents or their guardians, and children 
reportedly are trafficked to work in mines and other businesses (see 
Sections 6.c. and 6.f.).
    e. Acceptable Conditions of Work.--There is a legal minimum wage 
for employment in the formal sector. The TFTU often negotiates higher 
minimum wages with individual employers, depending on the financial 
status of the business. The legal minimum wage is approximately $21 
(17,500 shillings) per month. Even when supplemented with various 
benefits such as housing, transport allowances, and food subsidies, the 
minimum rate may not always be sufficient to provide a decent standard 
of living for a worker and family, and workers must depend on their 
extended family or on a second or third job. Despite the minimum wage, 
many workers, especially in the small but growing informal sector, are 
paid less.
    There is no standard legal workweek; however, a 5-day, 40-hour 
workweek is in effect for government workers. Most private employers 
retain a 6-day, 44- to 48-hour workweek. In general, women may not be 
employed between 10 p.m. and 6 a.m. Several laws regulate safety in the 
workplace. An occupational health and safety factory inspection system, 
set up with the assistance of the ILO, is managed by the Ministry of 
Labor and Social Welfare and Youth Development; however, its 
effectiveness is limited. Labor standards are not enforced in the 
informal sector.
    TFTU officials have claimed that enforcement of labor standards is 
effective in the formal sector, but no verification studies have been 
performed. Workers may sue an employer through their TFTU branch if 
their working conditions do not comply with the Ministry of Labor's 
health and environmental standards. Workers who make such complaints 
have not lost their jobs; however, workers do not have the right to 
remove themselves from dangerous situations without jeopardizing their 
employment.
    f. Trafficking in Persons.--The law does not prohibit trafficking, 
and there were reports that children are trafficked away from their 
families to work in mines and other business entities. Reportedly 
senior government officials are involved in the practice. There were 
also reports of children forced into prostitution by parents or 
guardians in need of extra income.
                                 ______
                                 

                                  TOGO

    Togo is a republic dominated by President General Gnassingbe 
Eyadema, who has ruled since 1967, when he came to power in a military 
coup. Although opposition political parties were legalized following 
widespread protests in 1991, Eyadema and his Rally of the Togolese 
People (RPT), strongly backed by the armed forces, have continued to 
dominate the exercise of political power. Eyadema used his entrenched 
position to repress genuine opposition and to secure another 5-year 
term in an election held in June 1998, which, like previous multiparty 
elections, was marred by systematic fraud. Serious irregularities in 
the Government's conduct of the election strongly favored the incumbent 
and appear to have affected the outcome materially. Despite the 
Government's professed intention to move from authoritarian rule to 
democracy, institutions recently established ostensibly to accomplish 
this transition, did not do so in practice. For example, when the 
recently created independent National Electoral Commission effectively 
disbanded without declaring the winner of the June 1998 election, the 
new Constitutional Court did not challenge the Interior Ministry's 
announcement that Eyadema had been reelected, even though the Court 
ruled that the Ministry had usurped the Commission's exclusive legal 
authority to validate election results. Eyadema and his supporters 
maintain firm control over all facets and levels of the country's 
highly centralized government and have perpetuated the dominance of 
northern ethnic groups, including Eyadema's Kabye ethnic minority, 
throughout the public sector, especially in the military. In the March 
legislative elections, which were boycotted by the opposition, the 
President's Rally for the Togolese People (RPT) won all but 2 of the 81 
seats in the National Assembly; moreover, the elections were marred by 
procedural problems and significant fraud, particularly 
misrepresentation of voter turnout. The executive branch continues to 
influence the judiciary.
    The security forces comprise the army (including the elite 
Presidential Guard), navy, air force, the Surete Nationale (including 
the national police), and the Gendarmerie. Approximately 90 percent of 
the army's officers and 70 percent of its soldiers come from the Kabye 
ethnic minority. Although the Minister of the Interior is in charge of 
the national police, and the Defense Minister has authority over most 
other security forces, all security forces effectively are controlled 
by President Eyadema. Members of the security forces continued to 
commit serious human rights abuses.
    About 80 percent of the country's estimated population of 4.25 
million is engaged in subsistence agriculture, but there is also an 
active commercial sector. The main exports are phosphates, cotton, and 
cocoa, which are the leading sources of foreign exchange. Per capita 
gross domestic product remains less than $400 a year. Economic growth 
continues to lag behind population growth. The economy is impeded by a 
large and inefficient state-owned sector, high (albeit declining) 
spending on the security forces, widespread corruption, and lack of 
government budget and fiscal discipline. Most major bilateral donors 
have suspended their aid due to the Government's weak democratization 
efforts and poor human rights record. Some international financial 
institutions have also halted budgetary assistance to the Government.
    The Government's human rights record continued to be poor; while 
there were some improvements in a few areas, serious problems remain. 
Legislative elections did not reflect the will of the electorate and 
once again the government thwarted citizens' right to change their 
government. Security forces were responsible for extrajudicial 
killings, but there were fewer than in the previous year. Security 
forces also used beatings, and arbitrary arrests and detentions. The 
Government did not, in general, investigate or punish effectively those 
who committed such abuses, nor did it prosecute openly those persons 
responsible for extrajudicial killings and disappearances in recent 
years. Prison conditions remained very harsh, and prolonged pretrial 
detention was common. The Government continued to influence the 
judiciary, which is understaffed and overburdened, and did not ensure 
defendants' rights to fair and expeditious trials. Some detainees wait 
years to be judged. Security forces infringed on citizens' privacy 
rights. The Government and the security forces restricted freedom of 
speech and of the press, often using investigative detention to harass 
journalists and political opponents. The Government maintained an 
overbearing security presence and restricted freedom of assembly, 
association, and movement. The National Commission for Human Rights 
(CNDH) continued to be dominated by supporters of the President, and 
the Government restricted and impeded the work of independent human 
rights groups. Violence and societal discrimination against women and 
female genital mutilation (FGM) among some ethnic groups are problems. 
Discrimination against the disabled persists. Although there is a 1998 
law that prohibits female genital mutilation, the Government has not 
enforced it. Discrimination based on ethnicity remains a problem. The 
Government limits workers' rights to collective bargaining. Trafficking 
in women for the purpose of forced prostitution and trafficking in 
children for forced labor remained problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Members of the 
security forces committed fewer extrajudicial killings than in the 
previous year.
    On January 10, gendarmes raided the Akodessewa-Kpota shantytown 
neighborhood in Lome and set fires that reportedly killed two children. 
The gendarmes reportedly were searching for arms caches and rebel 
hideouts on the eve of a major national holiday parade (see Section 
1.f.).
    An Amnesty International (AI) report issued in May stated that 
hundreds of bodies--presumably many members of the opposition--were 
thrown into the sea around the time of the June 1998 Presidential 
election (see Sections 1.b. and 4).
    Several cases of extrajudicial killings from previous years 
remained unresolved. There was no development in the August 1998 
killing of Liman Doumongue, deputy secretary general of the National 
Association of Independent Unions of Togo (UNSIT), a pro-opposition 
labor federation. In May UNSIT wrote a letter to President Eyadema 
requesting an independent investigation into the killing. The September 
1998 killing of Koffi Mathieu Kegbe, a local activist in the opposition 
Action for Renewal Committee (CAR) party, was still under 
investigation. There were no new developments in the 1998 killings of 
the Togolese Human Rights League founding member Dr. Tona Pierre Adigo, 
and businessman Malou Borozi. There has been no public investigation 
into the June 1998 killing of the child, Ayele Akakpo. The Government 
claims that the August 1998 attack on UFC Secretary General Fabre's 
residence was carried out by coup plotters from Ghana. There were no 
new developments in the 1997 deaths in detention of Dosseh Danklou and 
Agbodjinshie Yakanou, and the 1997 killing in Ghana of former Togolese 
diplomat and dissident Ferdinand Romuard also remained unsolved. There 
was also no progress in the cases of the 1996 deaths of Captain 
Philippe Azote, Anthony Dogbo, Woenagno, Amouzou Adjakly, and Komlavi 
Yebesse. Nor were there further developments in the 1995 killing in 
Ghana of former government official Felix Amegan and opposition leader 
Lieutenant Vincent Tokofai, the 1994 killing of National Assembly 
Member Gaston Edeh, or the 1992 killings of the Transitional Parliament 
Members Marc Atidepe and Tavio Amorin.
    The January 9 arrest by the Gendarmerie of an army warrant officer, 
Amy Kpeto, came after he allegedly told the newspaper, Tingo-Tingo, 
about a mass grave for ``military democrats'' at the Agoueve shooting 
range and about hit men within the army. There has been no independent 
verification of such a mass grave, and Kpeto reportedly confessed to 
lying to Tingo-Tingo (see Section 3).
    b. Disappearance.--There were no specific reports of politically 
motivated disappearances during the year. However, an Amnesty 
International report issued in May reported that hundreds of bodies--
presumably those of opposition members--were thrown into the sea around 
the time of the June 1998 presidential election (see Section 4). 
According to AI, the corpses were found and buried by Beninese 
fishermen. The Government strongly denied the accusations and initiated 
legal proceedings against AI. The independent Benin Human Rights League 
reported that bodies were dropped along the coastal waters by military 
aircraft, although other official sources in Benin denied that this 
event happened. In July the Government agreed to an independent 
international investigation, but no steps were taken by year's end.
    AI also reported that on August 20, 1998 two young men, Komlan Edoh 
and Kodjo Kouni, were beaten and arrested by security forces in a 
northwest suburb of Lome, then taken to a nearby military camp, after 
which they disappeared. Their arrest occurred just days after what the 
Government claims was a border incursion from Ghana; AI suspects the 
arrests and disappearances to be politically motivated.
    There was no investigation into the mass burials of 1997 and 1998 
reportedly in the vicinity of Lome.
    There were no developments in the 1994 disappearance of David 
Bruce, a high-level foreign ministry employee sympathetic to the 
opposition, or in the disappearance of Afougnilede Essiba, Adanou Igbe, 
Kobono Kowouvi, and another companion, all four of whom were arrested 
by soldiers at an armed security checkpoint in Adetikope in 1994. In 
1994 the Government began an investigation of the Bruce disappearance 
but has not reported any results.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture and physical abuse of prisoners 
and detainees; however, security forces often beat detainees 
immediately after arresting them. Some suspects have claimed credibly 
to have been beaten, burned, or denied access to foodand medical 
attention. Security forces used tear gas and batons to disperse 
demonstrators (see Section 2.b.).
    Security forces reportedly tortured a human rights monitor (see 
Section 4).
    Security forces harassed, intimidated, and beat journalists (see 
Section 2.a.). On April 19, the Gendarmerie arrested Romain Koudjodji 
Attisso, publisher of the newspaper, Reporter des Temps Nouveaux. 
Authorities charged him with falsely accusing the Gendarmerie unit in 
Aneho of torturing Victor Mensah, an Action for Renewal Party (CAR) 
activist (see Section 2.a.).
    On March 16, security forces in Lome beat university student Gerard 
Amedjro and a female friend allegedly after the latter refused to 
undress for them.
    Between May 19 and May 27, security forces allegedly beat and 
tortured Ameen Ayodele, a member of the Nigerian section of AI (see 
Section 4). Border police first suspected Ayodele of drug trafficking, 
but when he produced an AI identification card, they accused him of 
spying for the human rights organization. According to AI, Ayodele was 
confined to a cell, stripped of his clothing and deprived of food. 
During his incarceration, his jailers allegedly took him to the beach 
and threatened to execute him and dump his body in the sea.
    Five young men who traveled from Lome to Kara in late August to 
hold discussions on the Lome Framework Agreement (see Section 3) said 
that they were detained and beaten on two occasions by police, 
gendarmes, and military personnel in Kara. Authorities maintained that 
their wounds resulted when they resisted arrest.
    Impunity remains a problem, and the Government did not publicly 
prosecute any officials for these abuses.
    Prison conditions reportedly remained very harsh, with serious 
overcrowding, poor sanitation, and unhealthy food. Lome's central 
prison, built for 350 prisoners, housed 850 or more at any one point 
during the year, according to a reliable witness. Medical facilities 
are inadequate, and disease and drug abuse are widespread. Despite 
these problems, for the third consecutive year there were no reported 
deaths of prisoners due to disease or inadequate medical facilities. 
Prison guards in the overcrowded civil prison of Lome charge prisoners 
a small fee to shower, use the toilet, or have a place to sleep. 
Prisoners reportedly have to pay $2.50 (1,500 CFA francs) to guards 
before being allowed to visit the infirmary if sick. The children of 
convicted adults often are incarcerated with the female inmates, who 
are housed separately.
    Although international and local private organizations have access 
to prisons for monitoring purposes, the ICRC did not visit the prisons 
during the year. At year's end, the Government was studying an ICRC 
proposal for a prisons visit.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention remain problems. The law allows authorities to hold arrested 
persons incommunicado without charge for 48 hours, with an additional 
48-hour extension in cases deemed serious or complex. In practice 
detainees can be, and often are, detained without bail for lengthy 
periods with or without the approval of a judge. Family members and 
attorneys officially have access to a detainee after the initial 48- or 
96-hour detention period; however, authorities often delay, and 
sometimes deny, access.
    Judges or senior police officials issue warrants. Although 
detainees have the right to be informed of the charges against them, 
police sometimes ignore this right. The law stipulates that a special 
judge conduct a pretrial investigation to examine the adequacy of 
evidence and decide on bail. However, a shortage of judges and other 
qualified personnel, plus official inaction, have resulted in lengthy 
pretrial detention--in some cases several years--and confinement of 
prisoners for periods exceeding the time they would have had to serve 
if they had been tried and convicted. For example, Kokou Alowou and 
Dela Atidepe were arrested in 1993, charged with armed robbery and 
manslaughter, and are still awaiting trial. An estimated 50 percent of 
the prison population are pretrial detainees. The Government continued 
to use brief investigative detentions of less than 48 hours--but much 
more in the case of Roland Comlan Kpagli, who was arrested for 
violation of the Press Code on December 23--to harass and intimidate 
opposition activists and journalists for alleged defamation of 
government officials (see Section 2.a.). The Government at times has 
resorted to false charges of common crimes to arrest, detain, and 
intimidate opponents.
    Members of the security forces arrested and detained journalists 
without charging them with any offense (see Section 2.a.).
    Members of the security forces also detained human rights monitors 
and activists (see Sections 2.b. and 4).
    On April 26, security forces detained Union of Forces for Change 
(UFC) activist Abevi Abbey for distributing leaflets that urged the 
public to participate in UFC-sponsored Independence Day demonstrations.
    On May 3, Apedo Mensa Tengue, Francois Gayibor, and Brice Santana 
of the Togolese Association for the Defense and Promotion of Human 
Rights (ATDPDH) were arrested on suspicion of having supplied AI with 
politically motivated accusations of widespread extrajudicial killings 
committed in 1998 (see Sections 1.a. and 1.b.). A local representative 
of AI, Koffi Nadjombe, subsequently was arrested on the same charge. 
All four men were released in mid-June (see Section 4).
    On June 15, the authorities released five persons who had been 
detained since November 1997 following riots in Sokode in the wake of 
the sudden death under suspicious circumstances of Djobo Boukari, a 
former U.N. official and potential presidential candidate. On July 2, 
the authorities freed 10 other persons, including pharmacist Bozoura 
Gandi, a cofounder with Boukari of the Togolese Association for the 
Struggle Against the Manipulation of Conscience (ATLMC). These 15 
persons, who included 3 school-age children and a police officer, were 
never granted a hearing or trial or formally sentenced. Gandi was 
transferred from the Sokode prison to the Kara prison in 1998. He had 
been charged with killing two persons suspected of poisoning Boukari. 
Gandi's supporters in Sokode and many opposition politicians regarded 
him as a political detainee.
    Following the release of Gandi, Tengue, Gayibor, and Nadjombe (see 
Section 1.d), journalist Roland Comlan Kpagli was the only political 
detainee at year's end. He was being held on a charge under the Press 
Code of publishing false information about a raid on December 7 by 
security forces on a student demonstration. He remained in jail at 
year's end.
    The Constitution prohibits exile, and the Government respects this 
prohibition.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the executive branch 
continued to exert control over the judiciary. A majority of the 
members of the Supreme Council for the Magistrature are supporters of 
President Eyadema. Judges who belong to the pro-Eyadema Professional 
Association of Togo Magistrates (APMT) reportedly receive the most 
prestigious assignments, while judges who advocate an independent 
judiciary and belong to the National Association of Magistrates (ANM) 
are marginalized. In December 1998, APMT member Abdoulaye Yaya was 
named to succeed Awa Nana as President of the Appeals Court, and 
consequently, as Chairperson of the National Electoral Commission.
    The Constitutional Court stands at the apex of the court system. 
The civil judiciary system includes the Supreme Court, Sessions (Court 
of Assizes), and Appeals Courts. A military tribunal exists for crimes 
committed by security forces, but its proceedings are closed. In June 
when President Eyadema named a new cabinet, he appointed former 
Interior Minister General Seyi Memene to replace a civilian justice 
minister.
    The court system remained overburdened and understaffed (see 
Section 1.d.). Magistrates, like most government employees, are not 
always paid on time. The judicial system employs both traditional law 
as well as the Napoleonic Code in trying criminal and civil cases. 
Trials are open to the public, and judicial procedures generally are 
respected. Defendants have the right to counsel and to appeal. The Bar 
Association provides attorneys for the indigent. Defendants may 
confront witnesses, present evidence, and enjoy a presumption of 
innocence. In rural areas, the village chief or council of elders may 
try minor criminal and civil cases. Those who reject the traditional 
ruling may take their cases to the regular court system, which is the 
starting point for cases in urban areas.
    Impunity for those who commit abuses, particularly those close to 
Eyadema, remains a problem. In early October, the President's son, 
Emmanuel Gnassingbe, who was arrested in late August for the shooting 
death of the occupant of a taxi following a roadside quarrel, was 
released without trial. The court released him because the family of 
the victim reportedly refused to press charges.
    There were no reports of political prisoners.
    There have been no reported developments in the case of members of 
the radical opposition group MO5, who were convicted and sentenced to 
prison for the 1994 attack on a state-owned electrical station. 
Although the crime appeared to have been politically motivated, the 
state prosecutor did not apply the December 1994 general amnesty law to 
this case; at last report, they remained in prison.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the sanctity of 
residences, the secrecy of correspondence and telecommunications, and 
prohibits searches and seizures not prescribed by law; however, 
security forces often infringed on these rights. In criminal cases, a 
judge or senior police official may authorize searches of private 
residences. In political and national security cases, the security 
forces need no prior authorization. Police conductedsearches without 
warrants, searching for arms caches as well as for criminals, often 
under the guise of searching for identity cards. Armed security 
checkpoints exist throughout the country, and security forces regularly 
search vehicles, baggage, and individuals in the name of security.
    On January 10, gendarmes raided the Akodessewa-Kpota shantytown 
neighborhood in Lome and set fires. The gendarmes were reportedly 
searching for arms caches and rebel hideouts. The neighborhood is 
inhabited mainly by recently arrived immigrants, many from Ghana, and 
economic migrants from within the country (see Sections 1.a. and 1.c.).
    On May 14, police ransacked the home of Koffi Nadjombe, a member of 
AI's Togo chapter, searching for evidence that Nadjombe had 
collaborated in the preparation of a report alleging gross human rights 
violations by security forces (see Sections 1.d. and 4). Similarly, 
they searched the house of Apedo Tengue on May 3.
    Citizens believe that the Government monitors telephones and 
correspondence, although no proof of this has been produced. The police 
and Gendarmerie perform domestic intelligence functions. The Government 
maintains a system of informers on the university campus (see Section 
2.a.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government restricts 
these rights in practice. The Government repeatedly harassed and 
intimidated print media journalists through threats, detentions, and 
criminal libel prosecutions. Police and gendarmes occasionally harassed 
newspaper vendors. Advertisers reportedly often were intimidated as 
well. Few opposition newspapers are distributed outside the Lome area, 
particularly not in areas known to be ruling party strongholds.
    However, despite government interference, there is a lively press, 
most of which is heavily politicized and some of which is often highly 
critical of President Eyadema. About 16 privately owned newspapers 
published with some regularity. The only daily newspaper, Togo-Presse, 
is government-owned and controlled. A private Lome-based newspaper, 
Crocodile, was published daily during part of the year, before changing 
to a twice a week schedule.
    A Press and Communication Code was adopted by the National Assembly 
in January 1998. Article 1 declares that the media are free; most of 
the remaining 108 articles, some of them the subject of strenuous 
objections by opposition legislators, restrict media freedom. Article 
62 makes the intentional publication of false information a criminal 
offense, punishable by fines of $900 to $1,800 (500,000 to 1 million 
CFA francs). Articles 90 to 98 make defamation of state institutions or 
any member of certain classes of persons, including government 
officials, a crime punishable by imprisonment for up to 3 months and 
fines of up to $4,000 (2 million CFA francs). Article 89 makes it a 
crime, punishable by up to 3 months in prison for a second offense, to 
``offend the honor, dignity or esteem'' of the President and other 
government leaders. The law also provides that editors and publishers, 
including legislators with parliamentary immunity, are liable for 
crimes committed through the press.
    There is no prepublication censorship of print media in law or 
practice. However, security forces frequently threatened or detained 
print media journalists and interfered with the distribution of 
newspapers.
    On April 12, security forces seized copies of the pro-opposition 
newspaper, Le Combat du Peuple. The newspaper's editor, Messan Lucien, 
reported that the Minister of Communication and Civic Education, Koffi 
Panou, ordered the police to seize the publication out of concern that 
an article might be insulting to President Eyadema.
    On April 14, a police officer invaded the offices of the newspaper 
Tingo-Tingo, beat the employees, damaged a computer, and seized a 
photocopier and a computer. Two of the journalists were admitted to a 
hospital. This violence apparently was in retaliation for an 
unflattering reference to the officer in the newspaper. President 
Eyadema reportedly paid for the damages to this newspaper.
    On April 19, the Gendarmerie arrested Romain Koudjodji Attisso, 
publisher of the newspaper Reporter des Temps Nouveaux. Authorities 
charged him with falsely accusing the Gendarmerie unit in Aneho of 
torturing Victor Mensah, an Action for Renewal Party (CAR) activist 
(see Section 1.c.). The photograph published in the newspaper showed 
Mensah with casts on both arms. Koudjodji was jailed at the central 
prison from April 20 until June 29. While in jail, Koudjodji wrote a 
letter to President Eyadema asking for forgiveness. At his June 14 
trial, his attorneys argued that the Gendarmerie arrested and tortured 
Mensah, who required hospital treatment for his injuries. Koudjodji was 
sentenced to 2 months in jail and ordered to pay $1,600 (1 million CFA 
francs). Unable to pay the fine, Koudjodjiclosed his paper; 
subsequently he started another newspaper (L'Evenement).
    On April 21, the Government issued a communique warning journalists 
against capitalizing on misinformation as a means of earning their 
living. The communique stated that photomontages and defamatory and 
insulting articles on peaceful citizens, national and international 
officials, as well as established institutions, all served to undermine 
President Eyadema's efforts to restore peace in the subregion.
    On April 28, two journalists of the very short lived, private 
newspaper, Le Nouveau Combat, who had been detained since August 1998 
on charges of publishing false information, were found guilty, fined 
$1,600 (approximately 1 million CFA francs), and given a 3-month 
suspended sentence. Elias Hounkanly and Agbeko Amewoubo were accused of 
slandering the President and his wife. They published reports alleging 
that the widow of the late Zairean President Mobutu Sesi Seko had 
accused the Togolese First Lady, Badagnaki Eyadema, of stealing trunks 
of jewelry in Lome while Mobutu was heading into exile in 1997. In the 
same issue, the journalists wrote that President Eyadema begged for a 
congratulatory message from French President Jacques Chirac on his 
controversial June 1998 election victory. In October Elias Hounkanly 
founded a new proopposition weekly, L'Exile.
    Since newspapers and television are relatively expensive, radio is 
the most important medium of mass communication. In addition to two 
government-owned stations including Radio Lome, there are 11 private 
radio stations in the country. Two of these, radio Avenir and Galaxy 
FM, are associated with the ruling RPT party.
    Prior to the adoption of the 1998 Press Code, the Government did 
not permit private radio stations to broadcast news programming. Some 
private radio stations recently have begun to broadcast some domestic 
news, but they offered little of the political commentary and criticism 
of the Government that is widespread in the print media. However, Radio 
France International is heard 24 hours a day through an FM repeater and 
Africa Numero-1 also has an FM repeater in Lome. During the year, a 
private station, Kanal FM, became a Voice of America affiliate and 
carries several hours of news, music, and commentary daily.
    The government-owned and controlled Television Togo is the only 
television station in Lome and in most of the country. A small private 
television station has begun local broadcasts in Aneho with limited 
programming.
    The Constitution mandates equal access to state media; however, the 
official media, consisting of two radio stations, the nation's one 
television station, and its one daily newspaper, heavily slanted their 
content in favor of the President and the Government. The High 
Authority for Audio-Visual and Communications (HAAC) is charged with 
providing the equal access to the state media mandated by the 
Constitution. Although it is nominally independent, in practice it 
operates as an arm of the Government. It is dominated by Eyadema 
supporters and has not increased opposition access to the government-
controlled media. A new organization, the Togolese Media Observatory 
(OTM) was established in November and will seek both to protect press 
freedom and to improve the professionalism of journalists. OTM's board 
and membership include both government and private journalists.
    The January 9 arrest by the Gendarmerie of an army warrant officer, 
Ame Kpeto, who had made critical statements about government officials 
at a military assembly months earlier, illustrated the military's lack 
of tolerance for political dissent within its ranks. The Minister of 
Defense said that Warrant Officer Kpeto had refused a transfer and was 
considered a deserter. Kpeto's arrest came after he allegedly told the 
newspaper Tingo-Tingo about a mass grave for ``military democrats'' at 
the Agoueve shooting range, and about hit men within the army. There 
has been no independent verification of such a mass grave, and Kpeto 
reportedly confessed to lying to Tingo-Tingo. Charged with slandering 
the honor of the army, Kpeto reportedly was transferred to the civil 
prison of Lome where he awaited a civil trial at year's end.
    The Government was not known to restrict access to the Internet. 
There were about 15 Internet service providers in the country at year's 
end. Most Internet users are businesses rather than households. Access 
to the Internet and fax machines also is possible through many small 
stores and cafes in Lome and other cities.
    At the country's sole university, academic freedom is constrained 
by concern among professors about potential harassment by the 
Government or antiopposition militants and the lack of a faculty-
elected rector. Opposition student groups reportedly are intimidated by 
an informer system that has led in the past to government persecution. 
The only officially tolerated student groups, HACAME and UGESTO, are 
pro-Eyadema. However, an independent student organization (CEUB) has 
had longstanding unofficial recognition and its elected representatives 
have participated on university committees. In contrast to prior years, 
security forces did not violently restrict freedom of assembly on the 
university campus.
    b. Freedom of Peaceful Assembly and Association.--Under the 
Constitution, citizens are free to assemble; however, the Government 
restricts this right in practice. Although opposition political parties 
were able to hold public meetings in Lome, authorities systematically 
interfered with the freedom of political opponents attempting to 
assemble in the central and northern regions. Government officials 
prohibited and security forces forcibly dispersed some public 
demonstrations critical of the Government.
    In March security forces reportedly broke up UFC rallies and warned 
activists in Blitta, Vo, Ave, and Zio prefectures against boycotting 
the legislative elections. In late August, in Kara, authorization was 
denied to organizers of an information meeting on the July 29 Framework 
Agreement on Democratic Transition in Togo; moreover, the organizers 
were arrested (see Section 1.c).
    Nonetheless, most opposition rallies and protest marches were well 
attended and incident-free including an April 27 UFC independence day 
rally, a May 22 march through Lome for the liberation of human rights 
activists arrested in the wake of the AI report, the August 14 UFC 
rallies in Lome led by Gilchrist Olympio, and a November 8 march by 
teachers and students protesting delayed salary payments.
    During the March legislative election campaign, a temporary 
``mobile security force'' of gendarmes, police, and prefectorial police 
were deployed and functioned effectively. In July and August, they also 
protected UFC leader Gilchrist Olympio during his brief visits to Lome 
from his self-imposed exile in Ghana.
    Under the Constitution, citizens have the right to organize 
associations and political parties; however, the Government restricted 
this right in practice.
    Few opposition party offices and no pro-opposition newspapers 
operate in most towns in the central and northern regions.
    Political parties are able to elect officers and register. There 
are many nongovernmental organizations (NGO's); they are required to 
register with the Government.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice.
    New religious organizations are required to register with the 
Ministry of Interior, and scores of applications await adjudication; 
however, these groups appear to practice their faiths without 
hindrance. In January the Catholic Church declined an invitation to 
participate in a ``day of national liberation'' service, organized by 
the Government. The Government criticized the Church for ``not 
contributing to national reconciliation,'' but it took no further 
action.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights; however, the Government restricts these rights in practice. 
Armed security checkpoints and arbitrary searches of vehicles and 
individuals are common. The lack of discipline of some soldiers manning 
roadblocks and their actions, such as frequent demands for bribes 
before allowing citizens to pass, impede free movement within the 
country.
    The Government continued to employ strict documentation 
requirements for citizens who apply for a new passport or a renewal. 
Beyond the normal identity papers, applicants were asked to provide an 
airline ticket, business documents, an invitation letter, a parental 
authorization letter (even for adults), proof of study grant for 
students, and a husband's permission for a married woman (see Section 
5). In 1997 the Government transferred the Passport Office from the 
police to the Gendarmerie, which falls under the Defense Ministry. The 
Government maintains that its intent was to take passport issuance away 
from corrupt police officials. The strict passport application 
requirements and a shortage of blank passports (in anticipation of a 
new bar-coded passport scheduled to be issued in 2000) prevented or 
significantly hindered some citizens travel abroad. However, a national 
identity card can be used for travel to other member countries of the 
Economic Community of West African States (ECOWAS).
    The Government provides first asylum. There is no law that provides 
for granting refugee or asylee status in accordance with the provisions 
of the 1951 U.N. Convention Relating to the Status of Refugees and its 
1967 Protocol. The Government cooperates with the office of the U.N. 
High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees, and routinely accepts the decision 
of the UNHCR office located in Lome in determining refugee status. The 
Government hosts roughly 12,000 refugees, mainly Kokomba and Bassari 
from Ghana.
    The UNHCR estimates that approximately 6,000 Togolese refugees 
still remained outside the country at year's end.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for the right of citizens peacefully to 
change their government; however, the Government restricts this right 
in practice. In the June 1998 presidential election, as in virtually 
all previous elections since Eyadema seized power in 1967, the 
Government prevented citizens from exercising this right effectively. 
The Interior Ministry declared Eyadema the winner with 52 percent of 
the vote; however, serious irregularities in the Government's conduct 
of the election strongly favored the incumbent and appear to have 
affected the outcome materially.
    Although the Government did not obstruct the functioning of 
political opponents openly, the President used the strength of the 
military and his government allies to intimidate and harass citizens 
and opposition groups. The Government and the State remained highly 
centralized: President Eyadema's national government appointed the 
officials and controlled the budgets of all subnational government 
entities including prefectures and municipalities, and influenced the 
selection of traditional chiefs.
    What were to have been the second multiparty legislative elections 
of Eyadema's 32-year-long rule were held on March 21. However, the 
opposition boycotted the election, in which the ruling party won all 
but 2 of the 81 seats in the National Assembly. Those two seats went to 
little-known Independent Party candidates. The legislative elections 
were marred by procedural problems and significant fraud, particularly 
misrepresentation of voter turnout.
    The opposition set several conditions before it would take part in 
the legislative elections. Chief among them was a settlement of the 
dispute over the seriously flawed June 1998 presidential election in 
which the vote count was stopped and President Eyadema declared the 
winner by the Interior Minister.
    Under international pressure, the Government began preliminary 
discussions with the opposition which, according to an agreement 
reached on Christmas eve 1998, were to be followed by formal 
negotiations, in the presence of international facilitators. When the 
parties disagreed over UFC insistence that formal negotiations occur 
outside of the country, the Government scheduled a first round of 
legislative elections on March 7 and a runoff on March 21. The 
Government argued that the mandate of the outgoing legislature expired 
in March and that elections had to be held to avoid a constitutional 
vacuum. When the opposition did not register candidates, the Government 
proposed a 2-week postponement; however, the opposition parties 
maintained their position in favor of a boycott. The elections 
proceeded and virtually the only candidates to run were those from the 
RPT.
    In February the Council of Ministers passed a decree requiring 
security forces to vote 3 days before the general population. The 
Government explained that it wanted the security forces to monitor 
polling places on election day; however, the opposition viewed the 
decision as a ploy to influence civilian voting, boost voter turnout, 
and identify opposition elements within the security forces. Some 
15,000 military, gendarmes, police, customs officials, and firemen 
voted on March 18. Opposition party members of the National Electoral 
Commission stated that the special voting procedures for security 
forces violated the Electoral Code because it occurred before the end 
of campaigning, and that the vote count occurred 72 hours after the 
vote instead of immediately afterwards. With the opposition boycott, 
voter participation became the main issue. According to the Government, 
about 65 percent of the population participated while the opposition 
stated that the figure could not be more than 10 percent. The rump 
progovernment National Electoral Commission, absent the commission's 
opposition party members (who also boycotted the process), reported 
that turnout reached about 37 percent in the opposition stronghold of 
Ave, and as much as 95 percent in Kozah prefecture in the north, where 
the ruling party has greater support. The opposition took no part in 
the revision of voter rolls, the distribution of voter cards, the 
monitoring of the vote, and the counting of the ballots. National 
election observer organizations did not participate, and international 
observation was sporadic.
    The Government invited a few international observers to comment on 
the organization and management of the election. There were no 
independent observers present when the military voted on March 18. Even 
though RPT candidates ran unopposed in most districts, there were 
reports of intimidation and evidence of fraud to boost statistics on 
voter participation in what were essentially one-party elections. In 
Tchaoudjo, where voting started at 6 a.m., polling place officials did 
not allow delegates of an independent party to participate in the 
supervision work until 9 a.m. These delegates watched ballot boxes 
being stuffed. In Agou independent party delegates claimed that they 
saw individuals voting more than 10 times.
    Foreign diplomats observed voting at close to 200 polling stations, 
mainly in and around Lome, but also in Yoto prefecture. Turnout was 
below the levels reflected in official results for most of these 
locations.
    Although the Constitution provides for universal suffrage and 
secret ballot, there was clear evidence of stuffed ballot boxes and 
doctored voter registers. At one polling station in the town of 
Tabligbo, for example, 46 voters were reported by polling officials to 
have voted by 10:40 a.m. However, the same officials, when questioned 
about the number of envelopes in the ballot box, admitted that it 
contained 145 ballots. The officials explained that the extra 99 
ballots were ``absentee ballots,'' but they could produce no 
documentation for these absentee voters. Elsewhere in Yoto prefecture, 
diplomats observed 11 transparent ballot boxes in as many polling 
stations that had clear evidence of stacked ballots.
    On April 9, the Constitutional Court confirmed that the RPT had 
swept virtually all the National Assembly seats. The official tally 
showed that the elections had attracted 107 candidates for 81 seats. Of 
the 2,412,027 registered voters, 1,592,661 voted, according to the 
Court, for a turnout of 66 percent. The Court rejected a dozen 
complaints and annulled the results in two districts. However, new 
elections were never held in these districts.
    The National Assembly has little power or influence on President 
Eyadema and has limited influence on the Government. Aside from 
controlling its own programs and activities and the ability to request 
amendments, the National Assembly largely acts as a rubber stamp for 
the President and the Government.
    After the election, the Government announced that it would continue 
to pursue dialog with the opposition. On May 21, 2 months after the 
election, President Eyadema nominated a new prime minister, Eugene 
Koffi Adoboli, a former U.N. official who is not a member of the ruling 
party. In June the RPT and opposition parties met in Paris, in the 
presence of facilitators representing France, Germany, the European 
Union, and La Francophonie, to agree on security measures for formal 
negotiations in Lome. On July 19, the long-awaited dialog between the 
Government and the opposition commenced. After 10 days, all sides 
signed an accord called the ``Lome Framework Agreement.'' The accord 
included a pledge by President Eyadema that he would respect the 
Constitution and not seek another term as President after his current 
one expires in 2003. The President also agreed to dissolve the National 
Assembly in March 2000 and hold new legislative elections to be 
supervised by an independent national election commission. The 
legislative elections are to use the single-ballot method to protect 
against some of the abuses of past elections. The accord also provided 
for the status of former heads of state, political leaders, and the 
opposition. In addition, the accord addressed the rights and duties of 
political parties and the media, the safe return of refugees, and the 
security of all citizens. The accord also contained a provision for a 
compensation plan for victims of political violence.
    As called for in the Lome Framework Agreement, a joint 
implementation committee (JIC) began meeting on August 10 to implement 
the agreement's provisions. However, when the UFC, CAR, and CDPA 
opposition parties left the JIC to protest an effort by the RPT to 
accord a weaker role to the new independent election commission (CENI) 
vis-a-vis the Constitutional Court, its work virtually came to a halt 
between August 26 and October 4. On October 4, an agreement was reached 
with the RPT whereby the CENI would monitor, collect, tally, and 
announce the results of the next legislative elections. The 
Constitutional Court would resolve district-level election disputes 
that the CENI itself cannot resolve by consensus. In December the JIC 
sent new electoral code legislation to the Government establishing the 
new CENI. At year's end, the Government had approved the bill and sent 
it to the National Assembly.
    In 1998 the National Assembly voted on a decentralization plan, but 
the plan's implementation has been slow. The country is divided into 5 
economic and administrative regions, 30 prefectures, and 4 
subprefectures. Administratively, the prefect, nominated by the 
Interior Minister, is the primary representative of the central 
government in each prefecture. Some government agencies have regional 
representatives. Within the prefecture, a council elected from the 
districts advises the prefect and manages programs. Each city has a 
mayor elected by a municipal council. The last mayoral elections were 
held before 1990. Throughout the country the terms of mayors have 
expired; however, they remain in office and continue to serve without a 
new mandate.
    There are no legal restrictions on the participation of women or 
members of ethnic minorities in politics or government. However, both 
women and members of southern ethnic groups were underrepresented in 
government. Although many women are members of political parties, there 
were only 2 female ministers in the Government and 5 female members of 
the currently 79-member National Assembly. No ethnic group, including 
the President's, was overrepresented conspicuously in the Cabinet.
Section 4. Government Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are several local private human rights groups, including the 
Togolese Human Rights League (LTDH), the Center of Observation and 
Promotion of the Rule of Law (COPED), the African Center for Democracy, 
Human Rights, and Protection of Detainees (CADEPROD), and the new 
Togolese Association for the Defense and Protection of Human Rights 
(ATDPDH), which was formed in January. In general the Government allows 
groups to investigate alleged violations of human rights; however, the 
Government occasionally threatens or hinders the activities of human 
rights activists, and is inconsistent about following up on 
investigations of abuses. Years of government threats and intimidation 
of human rights leaders, combined with a lack of results from human 
rights initiatives, have led some human rights monitors to end their 
public activities. A Minister for the Promotion of Democracy and Rule 
of Law was appointed in 1998, and he has promoted initiatives to 
establish a human rights resource center and develop a civic education 
curriculum for schools.
    In May Amnesty International (AI) issued a report on political 
violence in Togo entitled ``Togo: Reign of Terror.'' According to the 
report, the security forces during and after the June 1998 presidential 
election campaign killed hundreds of persons, including members of the 
opposition and members of the army. Corpses, some handcuffed and some 
in military uniform, washed up on the beaches of Togo and Benin for 
days afterwards, according to the report. The report was based on an AI 
delegation's interviews with Beninese and Togolese fishermen, as well 
as Togolese coastal farmers. Those questioned told of unusual movements 
of planes and helicopters flying out to sea. The report also said that 
under President Eyadema, ``scores of civilians and military personnel 
have been detained for months, even years, without charge or trial.''
    The Government vigorously disputed the report's findings and 
threatened to sue AI. In criticizing AI, the Government also noted that 
no journalist or foreign observer who monitored the June 1998 election 
reported bodies washing ashore. (The Togolese newspaper L'Aurore in its 
August 13, 1998 edition, mentioned some bodies washing up on the 
Togolese and Beninese shores.) The Government stated that the UFC and 
CDPA opposition parties directed the AI report, a charge denied by 
those groups and by AI. The Government stated that those groups and AI 
timed the report to appear in May while international facilitators were 
in Lome to prepare for the national reconciliation talks. The Defense 
Minister, Brigadier General Assani Tidjani, met with an AI delegation 
in November 1998 to discuss the allegations, but he said that AI 
distorted the information that it obtained. The AI report elicited 
mixed reactions in Benin. The government-appointed Beninese Human 
Rights Commission stated that, according to its investigations, there 
were no Togolese corpses thrown along the beaches in Benin. The 
independent Benin Human Rights League affirmed the contrary, that dead 
bodies were dropped along the coastal waters by military aircraft.
    The Government alleged that the ATDPDH collaborated with AI. The 
president of the ATDPDH, Apedo Mensa Tengue, and a member of the 
organization, Francois Gayibor, were arrested on May 3 and charged with 
complicity with an international organization in the defamation of the 
country. On May 14, police arrested Koffi Nadjombe, a member of AI's 
Togo chapter, and his wife, and searched their residence (see Section 
1.f.). The Government accused Nadjombe of collaborating in preparing 
the report. AI demanded the release of Tengue (a member of the CDPA 
party), Gayibor, and Nadjombe. On May 28, a delegation of the National 
Human Rights Commission (CNDH, an official government body) called on 
Justice Minister Bitokotipou Yagninim to ensure that the detainees 
received proper treatment and that they were given due process. A 
member of the CNDH ensured by his frequent presence that the detainees 
were not mistreated while in custody.
    On May 21, the authorities refused entry to AI's executive 
director, Pierre Sane, 2 hours after he attempted to enter Togo from 
Ghana. Sane was seeking to visit with government officials. The 
Secretary of State for Security, General Sizing Walla, said the report 
had agitated many persons, and that the country could not tolerate the 
situation further degenerating. On May 22, more than 1,000 opposition 
activists peacefully demonstrated for the release of Tengue, Gayibor, 
and Nadjombe.
    AI reported on June 9 that a member of its Nigerian section, Ameen 
Ayodele, was detained, tortured, and threatened with execution by 
security forces between May 19 and 27 (see Section 1.c.). Ayodele, who 
was traveling from Ghana to Nigeria via Togo, was suspected of drug 
trafficking. During an initial interrogation, he presented his AI 
membership card as a means of identification because he said that his 
other documents had been stolen. The border police arrested him on 
suspicion of spying for AI in advance of Pierre Sane's visit. Ayodele 
spent 9 days in a confined cell, naked and deprived of food. Ayodele 
says that he was beaten and tortured, while his jailers interrogated 
him about his involvement with AI. One morning, according to his 
account, he was taken to a beach where his guards threatened to execute 
him and dump his body in the sea.
    The Government admits to holding Ayodele on suspicion of drug 
trafficking and detaining him for more than a week to determineif he 
had swallowed any drugs. He was released on May 27. It stated that the 
June 9 AI accusation was timed to derail sensitive discussions between 
the ruling party and the opposition in Paris. On June 18, the human 
rights activists arrested in the AI affair were released, pending the 
outcome of further investigation into the charge (against three of 
them) of incitement to civil unrest. On July 21, on the eve of French 
President Chirac's visit, the Government consented to the establishment 
of an international, independent investigation commission to examine 
AI's allegations; however, at year's end, no action had been taken to 
establish such a commission.
    During the year, the International Committee of the Red Cross, 
which withdrew its permanent representative in 1997, conducted seminars 
on international humanitarian law for senior officers of the armed 
forces and senior members of the Government.
    In April the Ministry for the Promotion of Democracy and the Rule 
of Law, headed by Harry Octavianus Olympio, a cousin of Gilchrist 
Olympio, opened an information and documentation center on human 
rights. The National Assembly voted in 1996 to enact a ministerial 
decree to reorganize the government-sponsored and government-funded 
National Human Rights Commission (CNDH). The majority of commissioners 
are supporters of the President. In a report issued in July on its 
activities, the CNDH recognized that violations of human rights by 
government employees were common, and attributed them to ignorance of 
the law and of officials' responsibilities to the public, as well as to 
the country's poverty.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination on the basis of ethnic 
group, regional or family origin, sex, religion, social or economic 
status, or personal, political, or other convictions. However, the 
Government does not provide effective redress for discrimination 
complaints. Members of President Eyadema's Kabye ethnic group and other 
northern ethnic groups dominate much of the public sector, especially 
the military.
    Women.--Violence against women continues to be a problem. Although 
mechanisms for redress exist within both the traditional extended 
family and formal judicial structures, the police rarely intervene in 
domestic violence cases. Wife beating has been estimated to affect an 
estimated 10 percent of married women. There is some trafficking in 
young women for the purpose of forced prostitution or for forced labor 
as domestic servants (see Section 6.f.), but the Government reportedly 
exercised more vigilance at border crossings to counter such 
trafficking.
    Despite a constitutional declaration of equality under the law, 
women continue to experience discrimination, especially in education, 
pension benefits, inheritance, and as a consequence of traditional law. 
A husband legally may restrict his wife's freedom to work or control 
her earnings. The Government requires a married woman to get her 
husband's permission to apply for a passport (see Section 2.d.). In 
urban areas, women and girls dominate market activities and commerce. 
However, harsh economic conditions in rural areas, where most of the 
population lives, leave women with little time for activities other 
than domestic and agricultural fieldwork. Under traditional law, which 
applies to the vast majority of women, a wife has no maintenance rights 
in the event of divorce or separation and no inheritance rights on the 
death of her husband.
    There is a Ministry of Feminine Promotion and Social Protection, 
which, along with independent women's groups and related NGO's, 
campaigns actively to inform women of their rights.
    Children.--Although the Constitution and family code laws provide 
for the protection of children's rights, in practice government 
programs often suffer from a lack of money, materials, and enforcement. 
The Government provides free education in state schools. School 
attendance is mandatory for both boys and girls until the age of 15. 
There are social programs to provide free health care for poor 
children.
    Although the law protects children, there are many practices that 
point to a pattern of discrimination against children, especially 
girls. In education, about 61 percent of children 6 to 15 years of age 
attend school, mostly boys. Of the total 6 to 15 age group, about 89 
percent of the boys and 66 percent of the girls start primary school; 
about 39 percent of the boys and 13 percent of the girls reach 
secondary school; about 3 percent of the boys and 0.6 percent of the 
girls reach university level. Literacy rates are 57 percent for adult 
men and 31 percent for adult women. About one-third of the national 
budget is spent on education.
    Orphans and other needy children receive some aid from extended 
families or private organizations but less from the State. There are 
few juvenile courts, and children are jailed with adults. In rural 
areas, traditionally the best food is reserved for adults, principally 
the father.
    There are confirmed reports of international trafficking in 
children, particularly girls, for the purpose of forced labor, which 
amounts at times to slavery (see Section 6.f.).
    Female genital mutilation, which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, continues to be practiced. Approximately 12 
percent of all girls and women have undergone FGM. Most of the larger 
ethnic groups do not practice FGM. However, among the practicing groups 
rates range from 40 to 98 percent. In theory women and girls are 
protected by the Constitution from FGM, and in 1998 the Government 
enacted a law prohibiting the practice. However, by year's end, the 
Government had not brought any cases to court. Traditional customs 
often supersede the legal systems among certain ethnic groups. The 
Government continued to sponsor seminars to educate and campaign 
against FGM.
    People with Disabilities.--The Government does not mandate 
accessibility to public or private facilities for the disabled. 
Although the Constitution nominally obliges the Government to aid 
disabled persons and shelter them from social injustice, the Government 
provides only limited assistance in practice. There is no overt state 
discrimination against disabled persons and some hold responsible 
government positions. However, the disabled have no meaningful recourse 
against private sector discrimination.
    National/Racial/Ethnic Minorities.--The country's population of 
more than four million includes members of some 40 ethnic groups that 
generally speak distinct primary languages and are concentrated 
regionally in rural areas. Major ethnic groups include the Ewe (between 
20 and 25 percent of the population), the Kabye (between 10 and 15 
percent), the Kotokoli (between 10 and 15 percent), the Moba (between 
10 to 15 percent), and the Mina (about 5 percent). The Ewe and Mini are 
the largest ethnic groups in the southern region, where abundant 
rainfall and access to the sea have been conducive to farming and 
trade; the Kabye are the largest group in the drier, landlocked, less 
populous, and less prosperous northern region.
    Although prohibited by law, societal discrimination on the basis of 
ethnicity is practiced routinely by members of all ethnic groups. In 
particular, discrimination against southerners by northerners and 
against northerners by southerners is evident in private sector hiring 
and buying patterns, in patterns of de facto ethnic segregation in 
urban neighborhoods, and in the relative paucity of marriages across 
the north-south ethnic divide. There are no effective impediments to 
the extension of such discrimination into the public sector, where the 
centralization of the State allows little scope for regional or ethnic 
autonomy, except through the circumscribed authority of traditional 
rulers and dispute resolution systems.
    The relative predominance in private sector commerce and 
professions by members of southern ethnic groups, and the relative 
predominance of the public sector and especially the security forces by 
members of President Eyadema's Kabye group and other northern groups, 
are sources of political tension. Political parties tend to have 
readily identifiable ethnic and regional bases: The ruling RPT party is 
much stronger among northern ethnic groups than among southern groups, 
while the reverse is true of the UFC and CAR opposition parties.
    In previous years, north-south tensions repeatedly have erupted 
into violence of a clearly interethnic character. Majority ethnic group 
members in each region have harassed and attacked members of ethnic 
groups originating from the other region, forcing them back to their 
home region. In recent years, during times of crisis, many Lome 
residents sent family members to their native villages for security 
reasons. Some also sent family members to neighboring Ghana and Benin. 
In addition, due to the congruence of political divisions and ethnic 
and regional divisions, human rights abuses motivated by politics had 
the potential to carry ethnic and regional overtones (see Section 3).
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides most 
workers with the right to join unions and the right to strike. Security 
forces, including firemen and policemen, do not have these rights; 
government health care workers may join unions but may not strike. The 
work force in the formal (wage) sector is small, involving about 20 
percent of the total work force, of whom from 60 to 70 percent are 
union members or supporters.
    The Constitution also prohibits discrimination against workers for 
reasons of sex, origin, beliefs, or opinions. There is no specific law 
prohibiting retribution against strikers.
    There are several major trade union federations. These include the 
National Confederation of Togolese Workers (CNTT)--which is closely 
associated with the Government, the Labor Federation of Togolese 
Workers (CSTT), the National Union of Independent Syndicates (UNSIT), 
and the Union of Free Trade Unions.
    Federations and unions are free to associate with international 
labor groups. The CNTT and the UNSIT are affiliates of the 
International Confederation of Free Trade Unions. The CSTT is an 
affiliate of the World Labor Confederation.
    b. The Right to Organize and Bargain Collectively.--The Labor Code 
nominally provides workers with the right to organize and bargain 
collectively. All formal sector employees are covered by a collective 
bargaining agreement; however, the Government limits collective 
bargaining to producing a single nationwide agreement that must be 
negotiated and endorsed by representatives of the Government as well as 
of labor unions and employers. This agreement sets nationwide wage 
standards for all formal sector employees. The Government participates 
in this process both as a labor-management mediator and as the largest 
employer in the formal sector, managing numerous state-owned firms that 
monopolize many sectors of the formal economy. Individual groups in the 
formal sector can attempt through sector-specific or firm-specific 
collective bargaining to negotiate agreements more favorable to labor, 
but this option rarely is used.
    The Labor Code prohibits antiunion discrimination. The Ministry of 
Labor is charged with resolving labor-related complaints, 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 more than 30 are in 
operation. The EPZ law provides exemptions from some provisions of the 
Labor Code, notably the regulations on hiring and firing. Employees of 
EPZ firms do not enjoy the same protection against antiunion 
discrimination as do other workers.
    c. Prohibition of Forced or Compulsory Labor.--The law does not 
specifically address the question of forced or bonded labor, including 
that performed by children, and children sometimes are subjected to 
forced labor, primarily as domestic servants. The Government has 
acknowledged the international trafficking of children, particularly 
girls, who are sold into various forms of indentured and exploitative 
servitude, which amounts at times to slavery (see Section 6.f). This 
traffic often results in the children being taken to other West and 
Central African countries, especially Gabon and Nigeria, to the Middle 
East, or to Asia. In rural areas, parents sometimes put young children 
into domestic work in other households in exchange for sums as low as 
the equivalent of $25 to $35 (CFA 15,000 to 20,000). Children sometimes 
are trafficked abroad by parents misled into allowing them to depart 
under false pretenses (see Section 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code prohibits the employment of children under 
the age of 14 in any enterprise. Some types of industrial and technical 
employment require a minimum age of 18. Inspectors from the Ministry of 
Labor enforce these age requirements but only in the formal sector in 
urban areas. In both urban and rural areas, particularly in farming and 
petty trading, very young children traditionally assist in their 
families' work. Under the Constitution, school is mandatory for both 
sexes until the age of 15, but this requirement is not enforced 
strictly (see Section 5). However, the law does not prohibit forced and 
bonded labor by children, and it is a significant problem (see Section 
6.c.).
    e. Acceptable Conditions of Work.--The Government sets minimum 
wages for different categories, ranging from unskilled labor through 
professional positions. Less than the official minimum wage often is 
paid in practice, mostly to less-skilled workers. Official monthly 
minimum wages range from approximately $25 to $39 (14,700 to 23,100 CFA 
francs) per month. A 5 percent wage increase in 1996 was the first 
since 1987, despite a 50 percent currency devaluation in 1994. There 
has been no wage increase since 1996. Many workers cannot maintain a 
decent standard of living for themselves and their families at the 
official minimum wages, and many must supplement their incomes through 
second jobs or subsistence farming. The Ministry of Labor is ostensibly 
responsible for enforcement of the minimum wage system but does not 
enforce the law in practice. The Labor Code, which regulates labor 
practices, requires equal pay for equal work, regardless of sex. 
However, this provision generally is observed only in the formal 
sector.
    Working hours of all employees in any enterprise, except for those 
in the agricultural sector, normally must not exceed 72 hours per week; 
at least one 24-hour rest period per week is compulsory, and workers 
must receive 30 days of paid leave each year. The law requires overtime 
compensation, and there are restrictions on excessive overtime work. 
However, the Ministry of Labor's enforcement is weak, and employers 
often ignore these provisions.
    A technical consulting committee in the Ministry of Labor sets 
workplace health and safety standards. It may levy penalties on 
employers who do not meet the standards, and employees ostensibly have 
the right to complain to labor inspectors of unhealthy orunsafe 
conditions without penalty. In practice the Ministry's enforcement of 
the various provisions of the Labor Code is limited. Large enterprises 
are obliged by law to provide medical services for their employees and 
usually attempt to respect occupational health and safety rules, but 
smaller firms often do not.
    Workers have the legal right to remove themselves from unsafe 
conditions without fear of losing their jobs. However, in practice some 
reportedly cannot do so.
    f. Trafficking in Persons.--While trafficking in women for the 
purpose of forced prostitution or nonconsensual labor as domestic 
servants exists, the majority of trafficking is of children. During the 
year, 750 children were intercepted and 21 traffickers were arrested at 
the borders. In June police arrested three groups of child traffickers 
at border crossings. A local NGO focusing on trafficking issues 
estimated that 85 percent of traffickers in the country are women. In 
one case, two Ghanaian women were taking six children, ages 6 to 14, 
from the town of Tsevie to Cote d'Ivoire where they were to be resold 
for $350 to $530 ((CFA 225,000 to 350,000)) to work on plantations or 
as house servants. Police caught Beninese traffickers who were taking 
39 children, including some as young as 2 years old, from Benin to Cote 
d'Ivoire. In January 31 children were returned from Gabon due to the 
efforts of an association of Togolese Muslims residing in Gabon.
    In countries such as Cote d'Ivoire or Gabon, these children are 
extensively exploited. They are fed poorly, crudely clothed, and 
inadequately cared for, and are neither educated nor permitted to learn 
a trade.
    The Government has conducted public awareness campaigns, with the 
help of the U.N. Children's Fund and NGO's, such as WAO-Afrique. In 
March the prefect of Bassar criticized child trafficking as a ``new 
form of slavery'' and warned his constituents that child traffickers 
and parents who turn their children over to traffickers could face 
prison sentences of between 1 and 10 years. In May the Interior 
Ministry and the NGO Plan International conducted a workshop for border 
police and other law enforcement officers on child trafficking trends 
and judicial remedies.
                                 ______
                                 

                                 UGANDA

    President Yoweri Museveni, elected to a 5-year term in 1996 under 
the 1995 Constitution, continued to dominate the Government. He has 
ruled since 1986 through the National Resistance Movement (NRM), 
legislatively reorganized and renamed as ``The Movement'' in 1995. The 
Constitution provides for a 276-member unicameral parliament and an 
autonomous, independently elected president. The Constitution formally 
extended the one-party movement form of government for 5 years and 
severely restricted political activities. A national referendum on the 
role of multiple political parties is scheduled for 2000, following a 
1-year campaign period. The Parliament acted with increasing 
independence and assertiveness during the year, although Movement 
supporters remained in control of the legislative branch. 
Parliamentarians were elected to 5-year terms in 1996. The 1996 
presidential and parliamentary elections were peaceful and orderly, but 
election conditions, including restrictions on political party 
activities, led to a flawed election process. The judiciary generally 
is independent, but is understaffed and weak; the President has 
extensive legal and extralegal powers.
    The Uganda People's Defense Force (UPDF) is the key security force. 
The Constitution provides for civilian control of the UPDF, with the 
President designated as commander in chief. The UPDF was more active, 
in part due to the continued instability in the north and west but 
mostly because of the country's involvement in the conflict in the 
neighboring Democratic Republic of Congo (DROC). UPDF soldiers and 
members of local defense units (LDU's) assist the police in rural 
areas, although the LDU's continued to operate without a legal mandate. 
The Internal Security Organization (ISO) remained under the direct 
authority of the President. Although the ISO primarily is an 
intelligence-gathering body, its operatives occasionally detained 
civilians. The Directorate of Military Intelligence (DMI), under UPDF 
control, also detained civilians suspected of rebel activity. The 
police are organized as a national force under the authority of the 
Ministry of Internal Affairs. The UPDF, police, LDU's, and the DMI all 
committed serious human rights abuses.
    The economy grew at a rate of approximately 7 percent during the 
year. Annual gross domestic product is $330 per capita; foreign 
economic assistance provides approximately 48 percent of government 
revenues. The agriculturally based economy continued to rely on coffee 
as its chief export. Foreign investment slowed amid growing corruption, 
a troubled macroeconomic reform process, and concerns about regional 
security in the wake of the country's intervention in the DROC. The 
privatization process slowed significantly, following a series of 
mismanagement and corruptionscandals that led to parliamentary 
investigations and to the resignation of the Minister of State in 
charge of the process in late 1998. The financial sector was shaken 
badly by mismanagement that led to the closure of several banks and a 
general loss of depositor confidence. The stock exchange remained 
severely underutilized.
    The Government's human rights record was poor, and there continued 
to be numerous, serious problems; however, its record improved in a few 
areas. Movement domination of the political process limited the right 
of citizens to change their government. Security forces used excessive 
force, at times resulting in death. Government forces committed or 
failed to prevent some extrajudicial killings of suspected rebels and 
civilians. Police, UPDF, LDU, and DMI forces regularly beat and 
sometimes tortured suspects, often to force confessions. A highly 
publicized judicial commission of inquiry into police corruption 
uncovered numerous serious abuses committed by senior officers, 
resulting in the arrest of several officers on charges of extortion. 
Prison conditions remained harsh and life-threatening. Members of the 
security forces sometimes arbitrarily arrested and detained civilians. 
There were a number of cases in which the Government detained and 
charged UPDF and LDU members for human rights abuses. Authorities used 
incommunicado detention and detention in unregistered and unofficial 
places of remand without notification to family members. Despite 
measures to improve the discipline and training of security forces, and 
despite the punishment of some security force officials guilty of 
abuses, abuses by the security forces remained a problem throughout the 
country. Prolonged pretrial detention remained a problem. Poor judicial 
administration, lack of resources, a large case backlog, and lengthy 
trial delays circumscribed due process and the right to a fair trial. 
The UPDF at times infringed on citizens' privacy rights; it often 
invaded citizens' homes without warrants. The Government demonstrated 
continued respect for freedom of speech and of the press; however, 
there were some instances in which restrictions continued. The 
Government restricted freedom of assembly and association, and the 
constitutional restrictions on political activity effectively limit 
these rights further. Security forces continued to harass Muslims. 
There were some limits on freedom of movement. The Movement 
Secretariat, supported with government funds, oversaw internal 
organizational activity, strategy, and mobilization, and the Government 
continued its Movement political education courses. Domestic violence 
against women, rape, and abuse of children remained serious problems. 
Discrimination against women, the disabled, and ethnic minorities 
persisted.
    The Government worked with NGO's to combat the practice of female 
genital mutilation (FGM), which occurred on a limited basis. Violence 
against ethnic minorities was a problem. There were some limits on 
worker rights. Forced labor, including by children, occurred, and child 
labor was common, mostly in the informal sector. There have been 
reports of trafficking in persons. Vigilante justice also was a 
problem.
    Insurgent forces committed numerous serious abuses, although on a 
significantly reduced scale. The Allied Democratic Forces (ADF), a 
rebel group active in the west, killed, tortured, maimed, and abducted 
many persons, including children. The Lord's Resistance Army (LRA), led 
by Joseph Kony and supported by the Government of Sudan, operated in 
the north from bases in southern Sudan. The LRA continued to kill and 
abduct civilians, including children, although such abuses decreased 
considerably from the previous year. Rwandan Hutu rebels, the Uganda 
National Rescue Front-II (UNRF-II), and the Uganda Salvation Front/Army 
(USF/A) also claimed responsibility for terrorist attacks that resulted 
in fatalities.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
confirmed reports of politically motivated killings by government 
forces; however, members of the security forces and the police 
committed extrajudicial killings. In the course of official operations, 
police, UPDF, LDU, and DMI personnel sometimes used excessive force, 
resulting in deaths (see Section 1.g.). In January 15 UPDF soldiers in 
Kabarole district allegedly killed 5 youths between the ages of 13 and 
19. The soldiers were arrested at the end of January, and three of the 
soldiers appeared in a Kampala court in March on murder charges. Their 
cases still were pending at year's end, as was an investigation of the 
other 12 soldiers. In May police shot and killed an unarmed youth after 
mistaking him for a robber. In July police reportedly beat to death a 
prisoner in Soroti (see Section 1.c.). There was a report that UPDF 
soldiers in Kole county, Apac District engaged in murder, torture, and 
looting in July. The matter was reported to the Minister of Security, 
but could not be confirmed. In August UPDF soldiers executed two rebel 
suspects in Lira; a UPDF inquiry is ongoing. On September 9, UPDF 
troops conducting a pacification campaign in the Karamojaregion opened 
fire on members of two Karamojong clans that were engaged in a gun 
battle. Reports suggest that hundreds of Karamojong warriors were 
killed in this incident. There was no investigation into this incident 
by year's end. On October 10, a man died after having been beaten by 
the police while in custody the previous day (see Section 1.c.).
    Muslim groups complained of extensive mistreatment by security 
officials in Kampala and in the west. There were unconfirmed reports 
that some Muslims suspected of being ADF rebel collaborators or 
involved in terrorist activities died as a result of torture by DMI 
officials (see Sections 1.c. and 1.d.).
    A judicial commission of inquiry into corruption in the police 
force began operation in May and was ongoing at year's end. During the 
course of the investigation the commission uncovered incidents of 
killings, brutality, theft, and robbery by police in general, and by 
the CID in particular. The commission's proceedings were open to the 
public and received extensive press coverage. The commission report had 
not been submitted to the Government by year's end.
    Harsh conditions, some intentional mistreatment, and lack of 
adequate medical treatment caused many deaths in prison (see Section 
1.c.).
    The LDU commander responsible for the August 1998 death of two 
civilians in Kyankwanzi while in custody was arrested and remained in 
detention awaiting trial at year's end.
    Police continued investigations into the June 1998 incident in 
which police fired on students at the Kabalega secondary school, 
killing one student; into the January 1998 death in police custody 
after being tortured of a 25-year-old suspect accused of stealing a 
bicycle in Tororo; and into the August 1998 incident in which a prison 
official in Masaka beat to death a suspect on remand for defaulting on 
tax payments. There were no prosecutions in connections with these 
incidents by year's end. On February 1, the Uganda Human Rights 
Commission (UHRC) referred for prosecution the case of three police 
officers accused of killing four robbery suspects in 1998.
    Investigations into the 1997 deaths by torture of Paul Kollo and 
Stephan Baryakaijika were completed, and the government-sponsored UHRC 
heard the cases. In February the UHRC handed the cases over to the 
courts for prosecution (see Section 1.c.). A suspect arrested for the 
1997 killing of Modesta Kabaranga, a leading organizer for the 
Democratic Party, still was on remand awaiting trial at year's end. 
There has not yet been a police investigation in the 1997 killings of 
Abdullah Buwuula, Mubarek Mawejje, and Amir Sinai at year's end.
    The rebel ADF committed at least 350 extrajudicial killings, 
including that of children (see Section 1.g.). The LRA was responsible 
for the killing of approximately 30 civilians, including children (see 
Section 1.g.). Rwandan Hutu rebels were responsible for the killing of 
19 persons, including the killings of 9 persons in March in the Bwindi 
Impenetrable Forest park (see Section 1.g.). UNRF-II, USF/A, and the 
Citizens Army for Multiparty Politics (CAMP) may have been responsible 
for the death of civilians (see Section 1.g.).
    Vigilante justice was a problem (see Sections 1.c. and 5). 
Authorities rarely prosecuted persons engaged in mob violence, which 
frequently resulted in death. A police official announced in September 
that vigilante justice was occurring at a rate of two incidents per 
day. On January 2, four of eight suspected thieves were lynched when a 
mob broke into the Nyaburara subcounty jail in Kabarole district. On 
February 2, a UPDF soldier was lynched in Luwero district after being 
accused of robbery. On May 25, a suspected thief was burned to death by 
a mob in Mukono, central Buganda. On August 11, a thief was beaten into 
a coma by a mob in Kampala after grabbing money from a vehicle.
    Urban bombings remained a problem. On February 14, two bomb blasts 
killed 4 persons and injured 35 others in Kabalagala. On April 11, a 
bomb exploded at Kampala's old taxi park, killing 3 persons and 
injuring 13 others. On April 24, a bomb blast injured six persons at a 
bar in Makindye. On May 7, a bomb exploded in a Kampala marketplace, 
killing one person. On May 30, a bomb blast in a suburb of Kampala 
killed three persons and injured nine others. The ADF is suspected of 
involvement in these bombings.
    There was a growing number of reports of ritual murders of 
children. On February 15, a 2-year-old child was murdered after being 
kidnaped from his home. His body was found burned and coated with a 
traditional medicine. On July 23, a traditional healer and his 
assistant were sentenced to death for the April 4 murder and mutilation 
of a girl in Mukono district.
    b. Disappearance.--There were no confirmed reports of politically 
motivated disappearances due to action by government forces; however, a 
number of Muslims whom the authorities suspected of supporting the ADF 
insurgency still are missing and it is believed that they were detained 
by security officials (see Section 1.c.).
    ADF, LRA, and UNRF-II rebels abducted civilians. Both the ADF and 
the LRA abducted civilians for training as guerrillas; most victims 
were children and young adults. NGO's estimated that the ADF abducted 
over 800 persons, including children. The LRA abducted approximately 
250 persons, including young girls abducted as sex and labor slaves 
(see Sections 6.c.and 6.f.). Amnesty International reported in 1998 
that without child abductions, the LRA would have few combatants. While 
some later escaped or were rescued, the United Nations Children's Fund 
(UNICEF) estimated that 4,802 children abducted by the LRA since 1987 
remain missing, and approximately 100 children abducted by the ADF 
remain missing (see Section 1.g.). The UNRF-II abducted 56 persons.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits ``any form of torture, cruel, 
inhuman, or degrading treatment or punishment''; however, security 
forces commonly beat and sometimes tortured criminal suspects, often to 
force confessions. On May 17, a former security guard who was charged 
with terrorist activity told a Kampala court that he was tortured by 
the police at Kampala's central police station. UPDF forces in the 
north on occasion beat and abused civilians, although there were 
significantly fewer reports of such abuse during the year.
    In January a UPDF officer in Jinja tortured a photographer who 
attempted to take a picture after the officer had pointed his gun at a 
civilian. The officer subsequently was arrested and detained at 
Makindye barracks. In February family members found the badly mutilated 
body of Patrick Ocan, who last was seen in UPDF custody. There was an 
unconfirmed report that in July UPDF soldiers in Kole county, Apac 
district, engaged in murder, torture, and looting (see Section 1.a.). 
On October 9, police beat a man while in custody in Buwenge, Jinja 
District; the man died after being released the following day.
    In September antiriot police fired guns to disperse a strike 
attempt at the Sugar Corporation of Uganda, although there were no 
reported casualties as a result of police action (see Section 6.a.).
    The police occasionally treat criminal suspects in an inhuman and 
degrading manner. On May 11, a newspaper published a picture of a naked 
woman being shaved forcefully by a group of men in military uniform. 
Kandida Lakony subsequently claimed that she was the woman in the 
picture, and that UPDF soldiers in Gulu were responsible. Kandida was 
arrested in June and charged with giving false information to the 
police. In highly publicized testimony in August, Kandida alleged that 
during her detention she was forced to remain naked in a cell for 2 
days. During the trial, army officials from the north stated that women 
regularly are punished at army facilities by having their heads shaved 
with blunt razors. In October a court rejected Kandida's claims, found 
her guilty of giving false information to the police, and sentenced her 
to 12 months' imprisonment. Her case was under appeal at year's end. 
The newspaper's senior editorial staff was charged with sedition for 
having printed the story (see Section 2.a.).
    Muslim groups complained of extensive mistreatment by security 
officials in Kampala and in the west. There were unconfirmed reports 
that DMI officials tortured some Muslims detainees (see Section 1.a.).
    There continued to be unconfirmed reports that UPDF mobile forces 
regularly beat civilians and raped women (see Section 1.g.).
    During the conflict with the LRA, government forces used threats to 
compel citizens to leave their homes and move to areas under government 
protection (see Sections 1.f. and 1.g.).
    LDU's, which frequently lack training, often mistreat prisoners and 
detainees. For example, on February 9, two teenaged girls reportedly 
were raped by two LDU personnel at Kabujogera police post in Fort 
Portal. The accused were arrested pending a police investigation. In 
August an LDU member shot and wounded a businessman in Kisenyi, a 
suburb of Fort Portal. The LDU member reportedly was apprehended and 
detained by the UPDF.
    The Government investigated some cases of abuse, and tried and 
punished some offenders. In May the Government launched a Judicial 
Commission of Inquiry into police corruption, which remained ongoing at 
year's end (see Section 1.a.). TheCommission probed a wide range of 
police abuses, including abuses committed by senior police officials. 
The inquiry resulted in the arrests of several police officers on 
charges of abuse, rape, extortion, and robbery including a police 
officer accused of raping a 16-year-old girl. In September three police 
officers were arrested on charges of torturing and extorting money from 
persons in Mbale.
    The police Human Rights Desk, established in 1998 received 620 new 
complaints, including allegations of excessive force, torture, assault, 
rape, and murder. Of these, 205 cases were resolved, some resulting in 
disciplinary actions including reductions in rank, fines, halted 
promotions, and dismissals. A total of 50 cases were referred to the 
criminal courts.
    In conjunction with the UHRC, the police force continued a training 
program for police officials to foster respect for internationally 
recognized human rights standards. The UHRC and NGO's conducted similar 
programs with UPDF officials throughout the year.
    The investigations into the 1997 torture of Corporal Twasha 
Kaushera and the 1997 deaths by torture of Paul Kollo and Stephan 
Baryakaijika were completed, and the cases were heard by the UHRC. In 
February the Commission handed the cases over to the courts for 
prosecution (see Section 1.a.). On March 10, the UHRC awarded $400 
(600,000 shillings) to Mary Iripoit for torture, degradation, and 
deprivation of her personal liberty at the hands of a former ISO 
officer in Soroti in August 1998.
    The ADF continued to maim civilians, and loot and burn private 
homes. The LRA engaged in looting and destruction of private property. 
The ADF and LRA also abducted children to be guerrillas and tortured 
them by beating them, forcing them to witness atrocities, forcing them 
to march until collapse, and denying them adequate food, water, or 
shelter (see Section 1.g.).
    There were numerous instances in which mobs attacked suspected 
thieves and other offenders caught in the commission of crimes (see 
Section 1.a.). Often motivated by widespread distrust of the justice 
system, these mobs engaged in stonings, beatings, and other forms of 
mistreatment, such as tying suspects' wrists and ankles together behind 
their backs, stripping suspects of their clothes and parading them 
through the streets, or forcing suspects to hop painfully on the sides 
of their ankles. Vigilantes also have stripped prostitutes who dress 
``indecently'' or ``provocatively.''
    Urban bombings remained a problem, and resulted in numerous 
casualties (see Section 1.a.). Bombs were detonated in Iganga, Busia, 
Ntungamo, Makindye, a new taxi park in Kampala, and a marketplace in 
Kampala, injuring numerous persons but causing no fatalities. The 
Uganda Peoples Freedom Movement claimed responsibility for the nonfatal 
bombing in Iganga, and the USF/A claimed responsibility for the 
nonfatal bombing in Busia. The ADF is suspected of involvement in the 
other bombings.
    Prison conditions remained harsh and life threatening. Conditions 
for the estimated 5,000 inmates in local police cells and in the 162 
local prisons particularly were bad. Authority over the local prison 
system, formerly operated by the Ministry of Local Government, was 
scheduled to be transferred to the state-funded and operated prison 
system, run by the Ministry of Internal Affairs in 1998. The transfer 
had not taken place by year's end due to funding problems and lack of 
enabling legislation. Both civilian and military prisons have high 
mortality rates from overcrowding, malnutrition, diseases spread by 
unsanitary conditions, and HIV/AIDS.
    No accurate estimates are available on the number of deaths in 
detention due to the harsh conditions and lack of medical care, 
although many such deaths have occurred. The UHRC reported severely 
inadequate medical services, seriously unhygienic conditions, and a 
situation of ``semi-starvation'' among prisoners in many prisons. Of a 
group of 30 persons arrested for treason in 1986 and held in Luzira 
prison, 29 have died of various diseases including malaria, meningitis, 
and cholera. In April a court in Masindi heard that five inmates died 
in detention. There were no reports of the cause of death. On June 28, 
Matia Kiwanuka Mulama, an inmate of Buikwe prison in the eastern part 
of the country, reportedly was found dead after having been tortured by 
the chief warden. A district police official confirmed reports that 
Mulama's body was left at Kawolo hospital mortuary with its eyes gouged 
out (see Section 1.a.). A police investigation was ongoing at year's 
end.
    The harsh conditions largely result from the Government's seriously 
inadequate funding of prison facilities. Most of the prisons grow 
maize, millet, and vegetables, although the UHRC accused prison farms 
of overworking inmates. Prisoners received only $.0007 (1 shilling) per 
day for their labor, a rate established in the early 1960's. Prison 
conditions come closest to meeting minimum international standards in 
Kampala, where prisons provide medical care, running water, and 
sanitation;however, these prisons also are among the most overcrowded. 
By one estimate, the country's prisons--all of which predate 
independence in 1962--hold about three times their maximum planned 
capacity. Human rights groups, including the Uganda Law Reform 
Commission and the Uganda Prisoners Aid Foundation, continued to call 
for expanded noncustodial sentencing--an effort generally blocked by 
strongly punitive attitudes among judges, in part motivated by fear of 
accusations of corruption if prisoners appear to be treated leniently. 
Although the law provides for access to prisoners by their families, 
ignorance of this right and fear of prison authorities often limit 
family visits. The UHRC reported that it had received allegations that 
officers in charge of police cells sometimes demanded bribes to allow 
visits.
    Women have segregated wings with female staff in most, but not all 
prisons. According to human rights advocates, rape generally is not a 
problem, although female prisoners also suffer from severely 
substandard conditions. Due to lack of space in juvenile facilities, 
juveniles often are kept in prisons with adults. The central prison 
system maintains one juvenile prison and four lower security remand 
homes. School facilities and health clinics in all five institutions 
are defunct; prisoners as young as age 12 perform manual labor from 
dawn until dusk. Severe overcrowding also is a problem at juvenile 
detention facilities and in women's wings. The remand home in Kampala, 
designed for 45 inmates, holds 120 children.
    The central prison system continued to work with NGO's and the 
donor community to improve prison buildings, water and sanitation 
systems, food, and uniforms. Progress has been marginal.
    Government agencies have sponsored or participated in numerous 
conferences on the justice system and prison conditions, and worked 
closely with international and domestic human rights organizations on 
prison reform efforts.
    Media access to prisons remained limited, but the Government 
permitted full access to prisons by the International Committee of the 
Red Cross (ICRC) and local NGO's, principally the UHRC, the Foundation 
for Human Rights Initiative, and the Uganda Prisoners' Aid Foundation. 
UHRC access to prison facilities initially was granted in mid-1997; 
since that time, the organization has carried out numerous prison 
visits and reported on its findings publicly. Prison authorities 
require advance notification of visits, a process that often is subject 
to administrative delays.
    d. Arbitrary Arrest, Detention, or Exile.--Members of the security 
forces at times arrested and detained citizens arbitrarily. According 
to the Constitution, a suspect must be charged within 48 hours of 
arrest and be brought to trial or released on bail within 120 days (360 
days for a capital offense). If the case has been committed to the 
court before the expiration of this period, the Constitution does not 
limit pretrial detention. The Constitution also provides that detainees 
should be informed immediately of the reasons for their detention; 
however, in practice the authorities enforced none of these procedural 
protections. Some laws conflict with the Constitution, for example, the 
Public Order and Security Act of 1967 (the Detention Order), which 
provides for unlimited detention without charge; however, these laws 
never have been invoked formally by the Government. Legal and human 
rights groups, including the UHRC, sharply criticized the excessive 
length of detention without trial--in many cases amounting to several 
years--for alleged offenses under other laws, which both violated the 
constitutional rights of the detainees and contributed substantially to 
prison overcrowding.
    Arbitrary arrest is a problem. In particular, arbitrary mass 
arrests known as ``panda gari'' were conducted following bomb scares. 
On April 28, UPDF soldiers, LDU personnel, and police arrested 200 
persons in Fort Portal following an 8-hour security operation. On May 
2, a combined UPDF, LDU, and police force detained approximately 500 
persons in Mbarara during a security operation. On July 28, 
approximately 70 persons were arrested in Kampala in a joint operation 
mounted by police and LDU's. Most persons arrested were released within 
24 hours.
    In September President Museveni called for the arrest of homosexual 
individuals who engaged in ``abominable acts'', 2 weeks after a rumored 
``wedding'' between two men. Subsequently, the two men were called in 
by the police for questioning. Police arrested and detained at least 
one person during the year because of sexual orientation, although the 
charges eventually were dismissed.
    On October 28, approximately 200 people were arrested by police and 
ISO officers in Kampala in order to prevent a planned strike by taxi 
drivers (see Section 6.a.). All were released later.
    Police at times harassed and detained journalists and opposition 
politicians (see sections 2.a. and 3). In January officials detained an 
opposition Member of Parliament, Wasswa Lule, afterhe made public 
remarks suggesting that President Museveni should be investigated for 
corruption. Lule was released the following day without charge. Also in 
January, police detained for 48 hours three officials from the 
Foundation for African Development during a seminar in Moyo district. 
In November police briefly detained a district chair of the Uganda 
Young Democrats for campaigning against the multiparty referendum. He 
was released the following day without charges.
    Complaints from Muslim groups regarding arrests targeted at young 
Muslims on suspicion that they supported rebel groups continued during 
the year. There were reports that most of the 30 to 40 Muslim men 
believed to be detained at the end of 1998 were released during the 
year; however, no details were available.
    The rearrest of Muslim suspects following either their release on 
bail or acquittal was a problem. Following their acquittal on murder 
charges in June, 28 members of the Islamic Tabliq group were rearrested 
and charged with the same offense. Another group of 53 treason suspects 
was granted bail in June but later rearrested and detained.
    On June 28, opposition politician Karuhanga Chapaa, arrested in 
1998 for remarks made at a public seminar, was convicted of sedition 
and sentenced to a fine of approximately $35 (50,000 shillings) (see 
Section 2.a.).
    Although they have no legal authority to make arrests, LDU's 
continued to arrest citizens on a regular basis.
    Pretrial detainees comprise nearly three-fourths of the prison 
population. The average time in pretrial detention is from 2 to 3 
years. Over 10,000 of the 16,000 persons being held in the central 
prisons are pretrial detainees, and the problem is particularly serious 
in the local government-run prisons, which hold a total of 6,649 
detainees. A census of the central prison population conducted in March 
indicated that at least one-sixth of the inmates were being detained 
beyond constitutional limits. Congestion and delay in the legal system 
have resulted in an increasing number of detainees each year. In 
November more than 400 prisoners held without trial since at least 1997 
staged a protest at Luzira prison in Kampala. The prisoners refused to 
return to their cells until they received assurances from the director 
of public prosecutions that their cases would be brought to court.
    In September the Human Rights and Peace Center Prisons Project 
reported that 31 Congolese and Sudanese refugees arrested in March 1997 
on suspicion of aiding West Nile Bank Front (WNBF) rebels still had not 
been charged with a crime (see Section 2.d.). The UHRC heard several 
cases during the year brought by prisoners challenging the length of 
their detention. At least one prisoner was awarded monetary 
compensation for being detained beyond the constitutional limit.
    NGO's monitoring prison conditions reported that, unlike in past 
years, there were no detentions of civilians in military barracks; 
however, security forces held civilians in unofficial, unregistered 
places of remand, mostly on suspicion of collusion with rebel groups 
and participation in terrorist attacks (see Section 1.c.).
    The Constitution does not prohibit forced exile; however, the 
Government does not use exile as a means of political control. A 
presidential amnesty for former LRA and WNBF rebels was superceded in 
December when Parliament enacted an amnesty law covering all current 
and former rebels. In October 146 former UNRF II rebels were released 
from prison.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the President has extensive legal and 
extralegal powers that influence the exercise of this independence. The 
President nominates, for the approval of Parliament, members of the 
Judicial Service Commission, which makes recommendations on 
appointments to the High Court, the Court of Appeal, and the Supreme 
Court. The courts remained understaffed and weak.
    The highest court is the Supreme Court, followed by (in descending 
order) the Court of Appeal (which also functions as the Constitutional 
Court for cases of first instance involving constitutional issues), the 
High Court, the chief magistrate's court, and local council (LC) level 
three (subcounty) courts, LC level 2 (parish) courts, and LC level 1 
(village) courts. A minimum of six justices may sit on the Supreme 
Court and the Court of Appeal or Constitutional Court. In addition 
there are a few specialized courts that deal with industrial and other 
matters. The Industrial Court (IC), which arbitrates labor disputes, is 
structurally parallel to the chief magistrate's court. There is also a 
military court system.
    Although once considered a useful innovation, the LC courts often 
are thought to be sources of injustice due to such factors as bribery 
and male dominance in rural areas. The LC courts have authority to 
settle civil disputes, including land ownership and payment of debts, 
and criminal cases involving children. These courts, often the only 
ones available to villagers, frequently exceed their authority by 
hearing criminal cases, including murder and rape. LC court decisions 
may be appealed to magistrate's courts, but often there are no records 
made at the village level, and many defendants are not aware of their 
right to appeal.
    The civilian judicial system contains procedural safeguards, 
including the granting of bail and the right of appeal to higher 
courts; however, an inadequate system of judicial administration and a 
lack of resources, resulting in a serious backlog of cases, have 
circumscribed the right to a fair trial for many years. The courts, 
like other branches of government, were impaired by a 4-year civil 
service hiring freeze, which was relaxed only somewhat in 1998. As a 
result, criminal cases may take 2 or more years to reach the courts. 
The case backlog remains extremely large, in particular, the backlog of 
criminal cases in the High Court, which has increased every year since 
1993. Attorneys working in the Office of the public prosecutor can be 
assigned several new cases each day. Some courts continued to observe 
the constitutionally prescribed limits on pretrial detention, but that 
practice was not widespread.
    Many defendants cannot afford legal representation. The 
Constitution requires that the Government provide an attorney for 
indigent defendants accused of capital offenses, but there is rarely 
enough money to retain adequate counsel. The Uganda Law Society (ULS) 
operates legal aid clinics in four regional offices. It assists 
military defendants as well as civilians. The local chapter of 
Federacion Internacional de Abogadas (FIDA) and the Foundation for 
Human Rights Initiative also practice public-interest law from offices 
in Kampala. In March the Law Development Center established a legal aid 
clinic to address cases involving children and those accused of petty 
crimes. A public defense service also was established in March, but did 
not receive any government funding. It relied solely on donor support.
    The military court system does not assure the right to a fair 
trial. Although the accused has the right to retain legal counsel, 
military defense attorneys often are untrained and may be assigned by 
the military command, which also appoints the prosecutor and the 
adjudicating officer. The sentence passed by a military court, which 
can include the death penalty, may be appealed to the High Command but 
not to the High or Supreme Courts. A court-martial appeals process was 
established in 1997.
    The Government continued to arrest and charge persons for treason, 
especially captured rebel fighters, in numbers greater than the 
judicial system could manage. In the past, numerous human rights abuses 
were committed in connection with treason cases, including political 
detention, detention without charge, detention in unregistered and 
unofficial places of remand, and mistreatment, including torture. There 
were reports that at times such abuses continued during the year. At 
the end of the year, prison officials put the number of those on remand 
on the charge of treason at 309, none of whom were children. Detainees 
included members of the Islamic Tabliq group suspected of supporting 
ADF rebels. Between August and December, 892 suspected WNBF members 
were acquitted of treason charges and released. On October 12, the 
Government released, without condition, 147 persons detained since 1997 
on suspicion of belonging to the rebel UNRF-II. In November more than 
400 prisoners held without trial since at least 1997 held a protest at 
Luzira prison (see Section 1.d.).
    The number of political prisoners is unknown but believed to be 
small. Bright Gabula Africa, whose death sentence for treason was 
upheld by the Supreme Court in 1995, remains imprisoned pending the 
outcome of his appeal to the Advisory Committee on the Prerogative of 
Mercy, a largely autonomous constitutional body that recommends whether 
presidential clemency powers should be exercised in a given case.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the protection of 
privacy, which the Government generally observes; however, there were 
some exceptions. The law requires that police have search warrants 
before entering private homes or offices, and the police generally 
observed this law in practice; however, in its effort to combat rebels 
in the north, the UPDF often invaded private homes without warrants. 
LDU's arrest citizens without authority. The police sometimes searched 
vehicles without prior warrants. Prison officials routinely censor 
prisoners' mail.
    The Government required that employees in the President's office 
register their political affiliation in writing (see Section 3).
    During the conflict with the LRA, government forces used threats to 
compel citizens to leave their homes and move to areas under government 
protection (see Section 1.g.). Hundreds of thousands of persons remain 
internally displaced as a result of rebel activity (see Section 2.d.).
    There were unconfirmed reports in the north that the Sudan People's 
Liberation Army (SPLA), supported by UPDF forces, forcibly recruited 
Sudanese refugees for service in Sudan.
    Female members of the police force are required to obtain 
permission from the police Inspector General before getting married. 
Male police officers are not subject to the same restriction.
    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--Reports of violations of humanitarian law 
continued to decrease in the north, but remained a problem in the west. 
In the north, government forces continued their policy of maintaining 
so-called protected villages with UPDF detachments nearby as a means of 
protecting civilians and denying support to the LRA. Although 
substantial NGO and donor community assistance has improved the overall 
conditions in the villages, conditions still remain poor. This policy 
of maintaining protected villages continues to be attacked by 
parliamentarians from the area, although less vehemently than before 
since many persons have returned to their home villages; however, while 
the UPDF did not coerce persons to remain in most protected villages, 
in February two new protected villages, Patika A and Patika B, were 
created near the Sudanese border and villagers in the surrounding area 
were forced to evacuate their homes and move to these villages.
    The UHRC opened an investigation into a 1998 incident in which UPDF 
forces, while combating suspected LRA rebels, reportedly killed 30 
Acholi children abducted by the LRA in Ogok village, Kitgum district.
    In December the Parliament offered a 6-month amnesty to rebel 
fighters. Under the terms of the amnesty, rebels would have 6 months 
from the date President Museveni signed the amnesty to give themselves 
up and turn in their weapons. Museveni's signature was pending at 
year's end.
    In the west and southwest, the ADF continued to attack civilian 
targets, trading centers, and private homes, resulting in hundreds of 
deaths and abductions. The ADF killed at least 350 persons and abducted 
an estimated 200 children, half of whom remain missing (see Sections 
1.a. and 1.b.). In May ADF rebels killed four persons in Kibale 
National Park. On August 24, ADF rebels in Kabarole district killed 
eight persons and kidnaped one person who remained unaccounted for at 
year's end. On September 6, ADF rebels killed five persons, including a 
2-year-old child, in Kabarole district. In December ADF rebels attacked 
Katojo prison in the west and abducted or freed 365 prisoners. The 
rebels killed five persons, including two civilians, during the attack. 
Subsequently, several dozen inmates returned to the prison; it remains 
unclear whether the ADF forced some prisoners to leave the prison.
    In the north, forces of the LRA, led by Joseph Kony, continued to 
attack civilian targets, as well as some refugee camps. After a year of 
few major attacks, the LRA began a series of assaults on civilian 
targets in late December. Attacks by the LRA during the year caused 
about 30 deaths and the destruction of homes and property. The LRA 
abducted about 250 civilians, some of whom later were released. No new 
incidents of mutilation were reported. The LRA continued to abduct 
children and, at clandestine bases, terrorized them into virtual 
slavery as guards, concubines, and soldiers (see Sections 6.c. and 
6.f.). In addition to being beaten, raped, and forced to march until 
exhausted, abducted children were forced to participate in the killing 
of other children who attempted to escape. UNICEF estimated the number 
of abducted children still held captive by the LRA at almost 5,000; 
other estimates vary widely (see Sections 1.b. and 6.f).
    In March Rwandan Hutu rebels killed 19 persons, including 9 persons 
who were killed in an attack in the Bwindi Impenetrable Forest national 
park. UNRF-II killed 7 persons and abducted 56 civilians, mostly school 
children, in an attack in Arua district in mid-January. USF/A and CAMP 
each were responsible for the death of one civilian. There were no 
reports of new attacks by the WNBF (see Section 1.b.).
    At year's end, approximately 560,000 citizens remained displaced 
internally by violence in the north and west (see Section 2.d.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respected these rights; however, there were instances in which the 
Government infringed on these rights. Police at times harassed 
journalists by holding them at police stations for several hours of 
questioning. Three editors of the Monitor newspaper were arrested in 
May and charged with sedition and publication of false news in 
connection with a case in which a woman, Kandida Lakony, claimed to 
have been abused by the UPDF (see Section 1.c.). Their case was pending 
before the courts at year's end. A correspondent for the Luganda-
language edition of the New Vision newspaper was arrested in April 
after filing a story on corruption in Bugiri district. On June 22, the 
news editor of privately owned Simba radio was detained and questioned 
for 4 hours by the police and Internal Security Organization operatives 
after the station published stories on the murder of three Makerere 
University students. In November the police detained and questioned the 
editor of the Monitor and two reporters after the Monitor published a 
story alleging that Angolan insurgent leader Jonas Savimbi had visited 
the county.
    In January officials detained an opposition Member of Parliament 
after he made public remarks suggesting that President Museveni should 
be investigated for corruption (see Section 1.d.). On June 28, 
opposition politician Karuhanga Chapaa, arrested in 1998 for remarks 
made at a public seminar, was convicted of sedition and sentenced to a 
fine of approximately $35 (50,000 shillings--see Section 1.d.). In 
November police briefly detained a district chair of the Uganda Young 
Democrats for campaigning against the multiparty referendum (see 
Section 1.d.)
    The New Vision, a government-funded daily newspaper with a daily 
circulation of 40,000 (and up to 10 readers sharing each copy), and the 
government-controlled Radio Uganda, continued to play major roles in 
the media. These news sources were of a fairly high quality and 
sometimes included reporting critical of the Government.
    The media generally are free and outspoken, with widespread 
availability of privately owned publications. The independent Monitor 
newspaper, with a daily circulation of 28,000, demonstrated strong and 
consistent independence. The East African, a Nairobi, Kenya-based 
weekly publication that provides extensive reporting on the country, 
continued to circulate without government hindrance.
    The editor of the Crusader, an independent newspaper that 
subsequently went bankrupt, was detained in 1998 and charged with 
``promoting sectarianism,'' following the publication of reports 
critical of some government policies in the President's home tribal 
area of Ankole. In November the Government withdrew the charges against 
him.
    The cases against journalists Muasazi-Namiti, Hassan Kato, Charles 
Onyango-Obbo, and Andrew Muanda for disseminating false information 
were dismissed for lack of evidence.
    The Government controls one television station and Radio Uganda, 
the radio station with the largest audience. At year's end, there were 
more than 15 radio stations throughout the country. There are four 
local television stations and more than a dozen private television 
stations available via satellite. The number of independent media 
broadcast sources increased during the year. Several independent media 
outlets broadcast daily political talk shows in several languages, 
often very critical of the Government and individual officials, 
including the President. High-ranking officials often participated in 
these programs and debated issues with political opponents. There was 
no censorship of these programs.
    The Press and Media Law, which took effect in 1995, requires 
journalists to be licensed and to meet certain standards, including 
holding a university degree. The law provides for a Media Council that 
can suspend newspapers and deny access to state information. Government 
officials do not enforce the law vigorously; 3 years after its 
enactment, its provisions have not been used against any journalist.
    Uncensored Internet access is widely available in major cities 
through three commercial service providers, although the cost for 
connectivity is prohibitive for all but the most affluent 
noninstitutional users. There also are at least three cyber cafes in 
Kampala and several NGO's offer Internet access.
    A considerable degree of academic freedom exists at the two public 
and six private universities, with no government interference in 
teaching, research, or publication. Students and faculty have sponsored 
wide-ranging political debates in open forums on campus.
    Political education and military science courses known as ``Chaka 
Mchaka'' continued during the year. These courses are criticized as 
indoctrination in Movement political philosophy. There continued to be 
reports that the techniques used in some of the courses included 
intimidation, and physical and mental abuse. There also were reports 
that some instructors demanded payment for the courses, and that 
persons were coerced to take them.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for some degree of freedom of assembly for non-political 
groups; however, the Government restricts this right in practice. The 
Constitution bans political parties from holding national conventions, 
issuing platforms, endorsing candidates, or opening branch offices 
outside the capital until 2000. The Constitution also forbids other 
activities that would interfere with the Movement system, an elastic 
provision that the Government, in the past, has interpreted adversely 
to political groups' interests. Police interfered with several seminars 
organized by FAD, including one in January in Moyo district in which 
three FAD officials were detained for 28 hours (see Section 1.d). On 
June 5, the Free Movement, a civic organization advocating pluralism, 
defied police orders not to hold an anti-referendum seminar in Mbarara. 
Policemen and plainclothes security officials stormed the meeting and 
ordered the organization to call it off. After a heated exchange, the 
seminar was allowed to go on.
    In November police briefly detained a district chair of the Uganda 
Young Democrats for campaigning against the multiparty referendum (see 
Section 1.d.). Nevertheless, on January 11, opposition leaders met 
without hindrance in Kampala to discuss a common position on the 2000 
referendum. On February 20, the Democratic Party National Council held 
a meeting in Rubaga to elect new officers. On July 31 a faction of the 
Uganda People's Congress Party held a national delegates conference in 
Kampala without interference. On September 4, the Uganda Young 
Democrats held a meeting in Jinja without interference. On November 27, 
police prevented the Feparty political party from holding a rally in 
Kampala; however the party was allowed to hold a rally on December 15.
    The Constitution provides for freedom of association; however, the 
Government restricts this right in practice. NGO's are required to 
register with the Nongovernmental Organizations Board, which includes 
representation from the Ministry of Internal Affairs as well as other 
ministries. The Government generally approves NGO registration; 
however, the Government continues to refuse registration to the Uganda 
National NGO Forum, a broad consortium of domestic and international 
NGO's.
    c. Freedom of Religion.--The Constitution protects freedom of 
religion, and the Government generally respects this right in practice; 
however, security forces continued to harass and detain Muslims. There 
is no state religion. Foreign missionary groups, like foreign 
nongovernmental organizations, must register with the Government. There 
were no reports that the Government refused to grant registration to 
any foreign missionary groups. Permits are necessary for the 
construction of facilities, including religious facilities. There were 
no reports that the Government refused to grant such permits to any 
religious organization. Mosques operate freely, Koranic schools are 
common, and Muslims occupy positions of authority in local and central 
government. Prisoners are given the opportunity to pray on the day 
appropriate to their faith. Muslim prisoners usually are released from 
work duties during the month of Ramadan.
    In 1998 approximately 100 Muslim men were detained and some were 
tortured, on suspicion that they supported rebel groups. Many of those 
detained were released, but the whereabouts of some remain unknown (see 
Sections 1.a., 1.c., and 1.d.). There was no clear indication that 
religion was the sole factor in their arrests.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respected them in practice, 
although there were some limits. Some local officials reportedly 
demanded payment of fees for permission to change a place of residence. 
A married woman must obtain her husband's written permission on her 
passport application if children are traveling on her passport (see 
Section 5).
    During the conflict with the LRA, government forces used threats to 
compel citizens to leave their homes and move to areas under government 
protection (see sections 1.f. and 1.g.).
    At year's end, approximately 560,000 citizens remained displaced 
internally by violence in the north and west.
    There are no laws that provide for the granting of refugee and 
asylee status in accordance with the provisions of the 1951 U.N. 
Convention Relating to the Status of Refugees and its 1967 Protocol; 
however, the Government does grant such status in practice. The 
Government cooperates with the Office of the U.N. High Commissioner for 
Refugees (UNHCR) and with other humanitarian organizations in assisting 
refugees. As it has done repeatedly in past years, the Government 
continued to provide first asylum as well as land for temporary 
resettlement to citizens from neighboring countries, extending this 
practice to approximately 196,000 refugees during the year, including 
Sudanese, Congolese, Rwandans, and Somalis. The majority of refugees 
continue to be from southern Sudan, but there are smaller numbers from 
other neighboring countries as well. In early January, UPDF troops in 
Kisoro district forcibly repatriated several hundred refugees out of a 
group of approximately 3,000 Congolese Hutu refugees (see Section 
1.d.).
    The Government maintained security in refugee camps during the 
year. While there were no reports of large-scale attacks by rebel 
groups on the camps, there were several instances of attacks and 
abductions by rebels directed at refugees, causing serious injuries and 
death. For example, on June 4, suspected LRA rebels abducted 30 
refugees from the Mahazi refugee camp in Adjumani district. On June 10, 
ADF rebels abducted at least 15 Ugandan refugees from Manipopia village 
in north Kivu, Congo (see Section 1.g.).
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Movement domination of the Government and the political process, 
and some restrictive constitutional provisions, limited citizens' 
effective exercise of the right to change their government. The 
President dominates the Government, and Movement supporters remained in 
control of the Parliament, although the legislature conducted business 
in a more independent and assertive manner during the year. The 1996 
presidential and parliamentary elections were peaceful and orderly, but 
election conditions, including restrictions on political party 
activities, led to a flawed election process.
    The Government maintained, at government expense, the Movement 
Secretariat, an organization that roughly parallels government 
institutions and is limited to those professing support for the 
Movement. Political education classes called Chaka Mchaka continued to 
be offered to the public (see Section 2.a.). The Government prohibited 
all non-Movement political gatherings, required that employees in the 
President's office register their political affiliation in writing (see 
Section 1.f.), and attempted to break up political meetings not 
sanctioned by the Movement (see Section 2.b.). The Constitution bans 
political parties from holding national conventions, issuing platforms, 
endorsing candidates, or opening offices outside of the capital. A 
referendum is scheduled to be held in 2000 to consider lifting these 
restrictions.
    Authorities at times harassed and arrested opposition politicians. 
In January officials detained an opposition Member of Parliament after 
he made public remarks suggesting that President Museveni should be 
investigated for corruption (see Section 1.d.). On June 28, opposition 
politician Karuhanga Chapaa, arrested in 1998 for remarks made at a 
public seminar, was convicted of sedition (see Section 1.d.). In 
November police briefly detained a district chair of the Uganda Young 
Democrats for campaigning against the multiparty referendum (see 
Section 1.d.)
    Universal suffrage is accorded to adults 18 years of age and older. 
Contrary to the Constitution, the right to vote was denied to prisoners 
in the 1998 local government elections. Ten seats in Parliament are 
reserved for members of the UPDF.
    The Constitution provides for five seats in Parliament for 
representatives of persons with disabilities, as well as five seats for 
youth representatives, and three seats for representatives of organized 
labor (see Section 5). Individual parliamentarians who claim non-
Movement party affiliation fully participate in the legislature.
    Women play a visible role in national affairs; however, they are 
underrepresented in government and politics. The Government used quotas 
in an aggressive effort to place women in positions of authority. Women 
continued to make stronger contributions in Parliament and inside the 
Movement. The Vice President is a woman, as are 5 ministers and 11 
junior ministers in the President's 60-member Cabinet. In addition, 39 
of the nation's 45 districts selected a woman to fill a National 
Assembly seat reserved for women by the provisions of the Constitution. 
By-elections for female parliamentarians have not yet been held in six 
new districts created in 1997. Women additionally won 6 nonreserved 
seats for the 276-member Parliament in the 1996 election.
    Five seats are reserved in Parliament for the disabled.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Numerous human rights groups are active. Among them are: The 
Foundation for Human Rights Initiative; a chapter of FIDA; the 
Prisoners' Aid Foundation, which monitors prison conditions; the 
National Organization for Civic Education and Election Monitoring, 
which deals with problems related to civil society and political 
rights; Human Rights Focus, based in the northern town of Gulu; the 
National Association of Women's Organizations of Uganda (NAWOU), an 
umbrella group; the International Federation of Human Rights; and the 
Human Rights and Peace Center, based at Makerere University. These 
groups operate without government restriction, investigating and 
publishing their findings on human rights cases. Hurinet, a human 
rights network and an umbrella organization for nine human rights 
organizations active in the country, also continued to be active.
    The Government continued to refuse registration to the Uganda 
National NGO Forum, a broad consortium of domestic and international 
NGO's (see Section 2.b.).
    The Government allowed visits by international human rights NGO's, 
including Amnesty International and the ICRC. The Government also 
cooperated with the UNHCR.
    Government officials generally were cooperative and responsive to 
NGO views. They frequently attended conferences and seminars hosted by 
NGO's on social problems. The Government continued to cooperate with 
NGO's on legal and prison reforms.
    The Constitution established the UHRC as a permanent independent 
body with quasijudicial powers. Under the Constitution, the UHRC may 
subpoena information and order the release of detainees and the payment 
of compensation for abuses. The UHRC Human Rights Court continued to 
function, and received 1260 complaints during the year, including ones 
in which the accused were senior government leaders and military and 
police officials. Of these complaints, 913 were resolved; 276 were 
referred to the criminal courts; 400 were referred to other bodies, 
such as the Inspector General of Government; 171 were dismissed because 
they occurred before 1995; 22 were found not to be human rights 
violations; and 44 were resolved through mediation and intervention. At 
year's end, 100 cases were under review and 122 still were pending at 
year's end. On March 10, the UHRC awarded $400 (600,000 shillings) to 
Mary Iripoit for torture, degradation, and deprivation of her personal 
liberty at the hands of a former ISO officer in Soroti in August 1998. 
The UHRC does not have the power to intervene in cases pending before a 
court. The UHRC inspected numerous detention facilities and publicly 
reported on its findings. The UHRC's 1998 report was submitted as 
required by law to the Speaker of Parliament; however, it did not 
release it publicly by year's end. The President appoints the UHRC's 
eight-member board.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on these factors; 
however, the Government does not enforce the law effectively in matters 
of locally or culturally accepted discrimination against women, 
children, people with disabilities, or certain ethnic groups. Race was 
not a factor in national politics. The continued instability in the 
north led to violations of the rights of some Acholi, an ethnic group 
that comprises a significant part of the population. Most violations of 
Acholi rights resulted from LRA actions.
    Women.--Violence against women, including rape, remained common. 
There are no laws that specifically protect women from battery, 
although there is a general law concerning assault. The Government 
continued to implement the Children's Statute, which provides extensive 
protection for families and children; however, implementation proved 
exceedingly difficult due to manpower and judicial constraints, and in 
reality, little was done to enforce the statute's provisions. Law 
enforcement officials, reflecting general public opinion, continued to 
view wife beating as a husband's prerogative and rarely intervened in 
cases of domestic violence. Women remained more likely to sue for 
divorce than to file assault charges against their husbands. These 
problems received growing public attention. Numerous women's rights 
NGO's sponsored conferences, empowerment sessions, and training 
programs throughout the country. In a prominent 1997 case in which an 
Asian woman, Renu Joshi, allegedly was murdered by her relatives, 
including her husband, court proceedings had not concluded by year's 
end. Her husband (the principal defendant), remained on remand awaiting 
trial at year's end. Public protests were instrumental in keeping him 
in remand. Delays in bringingcapital offense cases to trial in 
situations where a husband killed his wife remained common (see Section 
1.d.).
    Traditional and widespread societal discrimination against women 
continued, especially in rural areas, despite constitutional provisions 
to the contrary. Many customary laws discriminate against women in the 
areas of adoption, marriage, divorce, and inheritance. In most areas, 
women may not own or inherit property, nor retain custody of their 
children under local customary law. Divorce law sets stricter 
evidentiary standards for women to prove adultery. Polygyny is legal 
under both customary and Islamic law, and a wife has no legal status to 
prevent her husband from marrying another woman. Men also may 
``inherit'' the widows of their deceased brothers. Women do most of the 
agricultural work but own only 7 percent of the agricultural land. 
There are limits on a married woman's ability to travel abroad with her 
children (see Section 2.d.).
    Unlike their male counterparts, female members of the police force 
are required to obtain permission from the police Inspector General 
before getting married (see Section 1.f.).
    There are active women's rights groups, including FIDA, Action for 
Development, the National Association of Women Judges (NAWJ), Akina 
Mama Wa Afrika, the Forum for Women in Democracy, and NAWOU, which 
promote greater awareness of the rights of women and children. FIDA is 
in the 2nd year of a 3-year project to draft proposed reforms of 
outdated and discriminatory laws, and the NAWJ continued to disseminate 
its guidebook on women's rights and options concerning domestic 
violence to women throughout the country.
    An undetermined number of women were victims of abduction and rape 
by rebel forces (see Sections 1.c. and 1.g.).
    Children.--Although it has devoted only limited funds to children's 
welfare, the Government demonstrated a commitment to improving 
children's welfare. The Universal Primary Education (UPE) program 
continued to expand its reach. The program is intended to provide free 
education through seventh grade for a maximum of four children per 
family. The UPE program remains only partially implemented due to 
strained finances, instability in some areas, infrastructure problems, 
and inadequate teacher training. Although the UPE program makes 
education more accessible financially, parents still must pay for 
books, uniforms, and some school costs. Implementation of the UPE has 
caused some financial problems for the country's large, often 
polygynous families. Girls and boys theoretically have equal access to 
education, and lower grades are divided almost evenly by sex; however, 
the proportion of girls in higher school grades remains low since 
families traditionally have favored boys when making financially 
related educational decisions. Only 53 percent of females are literate 
compared with 61 percent of males. Parents' inability to afford 
schooling has correlated highly with the occurrence of child labor in 
rural areas (see Section 6.d.). About 55 percent of school-age children 
are in school.
    The Government has not yet implemented effectively the 1996 
Children's Statute, which outlines broad protection for children. 
Government efforts to enforce the statute's provisions were hampered by 
the large proportion of the population that is below 18, manpower and 
fiscal constraints on the judiciary, and cultural norms. The law 
stipulates parents' responsibilities and provides extensive protection 
for children in a wide variety of areas, including financial support, 
foster care placement, adoption, determination of parentage, and 
treatment of children charged with offenses. It also includes concise 
provisions on the rights of the child, including a provision that a 
child shall not be made to work or take part in any activity, whether 
for pay or not, that is likely to injure the child's health, education, 
or mental, physical, or moral development. However, the Government has 
been unable to enforce prohibitions on child labor, particularly in the 
informal sector (see Section 6.d.).
    Estimates place the number of orphaned children (children missing 
either parent are considered orphans) at up to 1.7 million. This large 
number of orphans resulted from previous civil wars, the internal 
displacement of persons, and HIV/AIDS.
    Child abuse remained a serious problem, particularly the rape of 
young girls (known locally as ``defilement''). Only a small fraction of 
these incidents is reported, especially when the perpetrator is a 
family member, neighbor, or teacher--as is often the case. Increasing 
numbers of accusations reach the courts, although neither conviction 
nor punishment was common. Cases were reported frequently in 
newspapers, but a payment to the girl's parents often ended the matter. 
Despite these obstacles, an increasing number of cases are being 
prosecuted. While defilement carries a maximum sentence of death, that 
punishment has never been meted out to a convicted rapist. Defilement 
applies to all cases of sexual contact outside of marriage involving 
girls younger than 18 years of age, regardless ofconsent or the age of 
the perpetrator. The marriage of young girls by parental arrangement is 
common, especially in rural areas.
    Most schools use corporal punishment, although in 1997 the 
Government banned the beating of secondary school students. On June 27, 
a 14-year-old student, Peter Masanja of Kakungulu Memorial Islamic 
Institute, died at Kibuli hospital in Kampala after a beating by the 
school's director, Hamidulah Llukwago. The case was being investigated 
at year's end. The Government did not release details of the 
investigation of a 1996 case in which a teacher in Masaka beat to death 
a 15-year-old student.
    Female genital mutilation, which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, is practiced only by the Sabiny tribe, located in 
the highly rural Kapchorwa district in the east, whose members number 
fewer than 10,000. Among the Sabiny, initiation ceremonies involving 
FGM have been carried out every 2 years for girls between the ages of 
14 and 16 years. Such a ceremony was held in 1998. An NGO based in 
Kapchorwa registered 965 females who were subjected to FGM in 1998, 
nearly double the figure that the Government reported in 1996. There is 
no law against the practice, but government and women's groups working 
with the U.N. Population Fund continue to carry out a program to combat 
the practice through education. The program has received strong 
government support and some support from local Kapchorwa leaders. The 
program emphasizes close cooperation with traditional authority figures 
and peer counseling. Significant press attention to these ongoing 
efforts brought public attention to the problem throughout the year.
    The Children's Statute provides that children with disabilities be 
treated and given necessary special facilities--a provision hampered in 
execution by inadequate funding.
    The legal recruitment age for military service is 18 years; 
however, in practice, some recruiters have allowed 17-year-olds to 
enlist.
    The ADF and LRA abducted many children, using them as guards, 
laborers, soldiers, and, in the case of the LRA, for forced sex. (see 
Sections 1.g., 6.c., and 6.f.).
    People with Disabilities.--The Constitution provides that persons 
with disabilities have ``a right to respect and human dignity'' and 
requires that authorities take appropriate measures ``to ensure that 
they realize their full mental and physical potential;'' however, 
despite this provision, there is no statutory requirement for 
government services or facilities, such as accessibility of buildings 
for the disabled. Most buildings have one story, but in larger towns 
with multistory buildings, there often are no elevators; even where 
they do exist, they rarely are reliable. Widespread discrimination by 
society and employers limits job and educational opportunities for 
those with physical disabilities. In 1998 the Government appointed a 
Minister of State for Disabled Persons. A Department for Disabled 
Persons also exists under the Ministry of Gender, Labor, and Social 
Development; however, these bodies and positions have little funding to 
undertake or support any initiatives.
    National/Racial/Ethnic Minorities.--Civil strife in the north led 
to the violation of the rights of members of the Acholi tribe, which is 
largely resident in the northern districts of Gulu and Kitgum. Both 
government forces and the LRA rebels--who themselves largely are 
Acholi--committed abuses. LRA fighters in particular were implicated in 
the killing and kidnaping of Acholi tribe members, although the number 
and severity of their attacks decreased greatly compared with 1998 (see 
Section 1.g.). Similar abuses were inflicted upon members of the 
Bakonjo tribe in the west at the hands of ADF rebels, including ethnic 
Bakonjo.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of every person to join workers' associations or trade unions, 
and the law allows unionization if a majority of the work force 
supports it. In practice the Government respects the right to form 
unions; however, the Government has not responded yet to a 1997 
application for registration by the Uganda Allied Teachers' Union. 
Since 1993 the right to form unions has extended to civil servants; 
however, many ``essential'' government employees are not permitted to 
form unions; these include police, army, permanent secretaries in the 
ministries, heads of departments and state-owned enterprises, school 
principals, and other management-levelofficials. The Government has 
failed to enforce the rights of some employees to join unions in 
recently privatized industries and factories. Organized labor has three 
reserved parliamentary seats.
    The National Organization of Trade Unions (NOTU), the largest labor 
federation, includes 17 unions and is independent of the Government and 
political parties. Among its members are medical workers, including 
doctors, and the civil service union. The NOTU's influence on the 
overall economy remains small, since about 90 percent of the work force 
are peasant farmers. Even in areas in which cash crops are significant, 
unionization has remained practically nonexistent. NOTU membership has 
declined steadily from some 500,000 in the 1970's to about 100,000.
    The Constitution confirms the right to strike; however, government 
policy requires that labor and management make ``every effort'' to 
reconcile labor disputes before resorting to strike action. This 
directive presents unions with a complicated set of restrictions. If 
reconciliation does not appear to be possible, labor must submit its 
grievances and notice to strike to the Minister of Labor, who usually 
delegates the dispute to the Industrial Court. In previous years, in 
the absence of verdicts from the IC, the Minister of Labor generally 
did not permit strikes, on the basis that ``every effort'' had not been 
exhausted. Frustrated laborers often went on strike anyway, protesting 
credibly that they were not paid a wage adequate to live on.
    There was one particularly notable strike action during the year. 
On August 18, workers at the Owens Falls dam in Jinja struck over the 
nonpayment of termination benefits and their employer's refusal to 
renew the wage structure. In addition, on August 20, a combined force 
of military police, national police, and Jinja district administration 
police broke up the strike. An attempt in September to organize a 
strike at the Sugar Corporation of Uganda was unsuccessful due to the 
intervention of antiriot police who fired guns to disperse strikers, 
although there were no casualties as a result of police action (see 
Section 1.c.). Workers organized a brief sitdown strike at UGMA 
Engineering also in September. On October 28, approximately 200 people 
were arrested by police and ISO officers in Kampala in order to prevent 
a planned strike by taxi drivers. All were later released.
    Labor unions freely exercised the right to affiliate with and 
participate in regional and international labor organizations.
    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and bargain collectively, specifying 
that a workplace may be unionized if a majority of the employees 
supports doing so; however, true collective bargaining takes place only 
in the small private sector of the modern economy, a situation that 
suffered setbacks during the year. In the modern sector, the Government 
is by far the largest employer (civil service and state-owned 
enterprises) and it dominates the bargaining process. The Government 
has adopted a tripartite (government-employers-labor) cooperative 
approach to setting wages and resolving labor disputes. Both the 
Government and employers may refer disputes to the IC. The law does not 
prohibit antiunion discrimination by employers, but there were no 
reported incidents of government harassment of union officials. 
Unionization was blocked effectively by some industries, especially in 
the textile and hotel sectors. Labor organizers complained that laws 
requiring a minimum of 1,000 persons in order to form a union hindered 
their activities. The Government took only limited action on organized 
labor complaints, but pointed out that the refusal to allow 
unionization is a constitutional violation. In January the Government 
facilitated consultations that led one of the largest construction 
firms to agree to allow their employees to form unions. However, in 
January in conjunction with the International Labor Organization (ILO), 
the Uganda Textile, Garments, Leather, and Allied Union filed a 
complaint against the Government for failure to support the attempts of 
workers in the textile sector to exercise their right to freedom of 
association.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or bonded labor, including forced or bonded labor by children; 
however, a lack of resources prevented the Government from enforcing 
this prohibition effectively. There is strong evidence that prison 
officials hired out prisoners to work on private farms and construction 
sites, where they often were overworked. Throughout the country, prison 
officials routinely augmented their meager pay with crops grown by 
prisoners on the prison grounds. Male prisoners performed arduous 
physical labor while female prisoners produced marketable handicrafts 
such as woven basketry. Children in prison perform manual labor, often 
12 hours per day (see Section 1.c.). Compensation, when paid, generally 
was very low, although the law demands that pretrial detainees must 
receive back pay for allwork that they have performed once they are 
released (see Section 1.c.).
    Both the ADF and the LRA abducted civilians for training as 
guerrillas; most victims were children and young adults, whom the ADF 
and LRA terrorized into virtual slavery as guards, laborers, soldiers, 
and, in the case of the LRA, as sex slaves (see Sections 1.b., 1.g., 
and 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits employers from hiring workers below the 
age of 18; however, child labor is common, especially in the informal 
sector. The Ministry of Social Services is charged with enforcing the 
law on child labor, but it has limited financial means to do so. Part 
of the problem is demographic, because half the population is under 18 
years of age. School fees have made it impossible for many parents--
particularly poor farmers, the majority of the population--to provide 
their children with an education in spite of the Government's UPE 
program (see Section 5). As a result, there is an incentive to leave 
school and go into agricultural or domestic work in order to help meet 
expenses or perform the work of absent or infirm parents, a common 
situation throughout the country. The problem is acute particularly 
among the large orphan population (see Section 5). Nevertheless, 
according to the Ministry of Education, 93 percent of school age 
children are in school.
    Most working children are employed in the informal sector, often on 
the subsistence farms of extended family members or as domestic 
servants. In urban areas, children peddle small items on the streets, 
are involved in the commercial sex industry (particularly in border 
towns and in Kampala), or beg for money. Although adults do most tea 
harvesting, some children were employed in this sector as well.
    It is estimated that 60 percent of all land-based trade in the 
country is informal. Smuggling is one of the larger informal 
industries, and employs large numbers of child laborers at the borders 
with Kenya and Tanzania. Children walk back and forth across the 
unguarded borders, transporting small amounts of fuel, sugar, coffee, 
or other commodities.
    Government efforts to decrease the incidence of child labor were 
boosted by a $1.5 million grant in 1998 from the ILO International 
Program for the Elimination of Child Labor (IPEC).
    The IPEC program was launched in July, and at the end of the year 
it was working with NGO's to formulate action proposals. Government 
officials acknowledged that for the IPEC to be implemented, continued 
judicial and law enforcement reform were needed.
    The recruitment age for military service is 18 years; however, in 
practice, some recruiters have allowed 17-year-olds to enlist (see 
Section 5).
    The law prohibits forced and bonded labor by children; however, a 
lack of resources prevented the Government from enforcing this 
prohibition effectively (see Section 6.c.). The ADF and LRA abducted 
children and terrorized them into virtual slavery as guards, laborers, 
soldiers, and, in the case of the LRA, as sex slaves.
    e. Acceptable Conditions of Work.--The minimum legal wage remained 
$4 (6,000 shillings) per month, a rate set in the early 1960's. This 
wage is insufficient to provide a decent standard of living for a 
worker and family. Wages continued to be determined through negotiation 
between individuals and their employers, unions, and proprietors, or 
through negotiation within the boards of directors at state-owned 
industries. Salaries usually are augmented by other benefits such as 
housing and transport allowances, which often are equal to base wages. 
The Ministry of Labor's salary scale for civil servants starts with 
unskilled labor at $50 (75,000 shillings) per month, up to supervisors 
at $400 (600,000 shillings) per month, plus modest increases for years 
worked. All include provisions for paid overtime. The higher end of 
this wage scale would provide minimal standards of living for a worker 
and family, but most civil servants have great difficulty earning 
enough money to pay their children's school costs. Many civil servants 
and their dependents work in second jobs, grow their own food, or seek 
other ways to supplement their incomes. In industries that employ 
workers on an hourly basis, the normal workweek was 40 hours. Although 
there was no legal maximum workweek, a time-and-a-half rate was paid 
for each additional hour worked. Many industries pay workers by piece 
work, which avoids overtime and circumvents the prohibition on child 
labor. Many companies employ workers as ``casual laborers'' or 
``contract workers'' in order to avoid providing benefits.
    The condition of employee housing on the tea and sugar plantations 
at the major state-owned corporations, and withinmilitary and police 
barracks, was substandard. Sanitation and water facilities often are 
lacking.
    Building codes often are not enforced. Some structures have tripled 
in height above the original foundations, leading local engineers to 
express reservations about the structural integrity of these 
workplaces. Factories generally are sound, but machinery almost always 
lacks safeguards.
    Vestiges of occupational health and safety legislation are 
contained in the outdated Factories Act of 1954, the Workmen's 
Compensation Act of 1964, and the Employment Decree of 1975. None of 
these acts addresses present-day work hazards. The Ministry of Labor's 
Department of Occupational Health is responsible for enforcement of the 
limited occupational safety regulations; however in practice 
inspections are rare, due primarily to lack of vehicles and funding for 
inspection trips. Under the law, the maximum award payable in workers' 
compensation to a disabled employee, or to the estate of employees 
killed on the job is $38 (55,000 shillings). Ministry of Labor 
officials recognized the inadequacy of this amount; however, new 
legislation to address this problem has yet to be passed. The limited 
occupational safety regulations do not protect workers who refuse to 
perform dangerous work from being fired, although strong unions in 
certain dangerous industries do protect such workers.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons; however, there is strong evidence that prison officials hired 
out prisoners to work on private farms and construction sites, where 
they often were overworked.
    There were unconfirmed reports that the SPLA, supported by UPDF 
forces, forcibly recruited Sudanese refugees in northern Uganda for 
service in Sudan (see Section 1.f.).
    Both the ADF and the LRA abducted civilians for training as 
guerrillas; most victims were children and young adults whom the ADF 
and LRA terrorized into virtual slavery as guards, laborers, soldiers, 
and, in the case of the LRA, as sex slaves (see Sections 5 and 6.c.). 
In addition to being beaten, raped, and forced to march until 
exhausted, children abducted by the LRA were forced to participate in 
the killing of other children who attempted to escape. As many as 5,000 
Ugandan children abducted by the LRA were held in the southern part of 
Sudan: The Government of Sudan actively supports the LRA. In past 
years, the LRA also reportedly sold and traded some children, mostly 
girls, or provided them as gifts to arms dealers in Sudan.
    In December in Nairobi, Kenya, the Governments of both Sudan and 
Uganda signed an accord agreeing, among other things, to cease 
supporting rebel groups and to return abductees; however, it was not 
clear at year's end if the accord still was in effect due to the LRA 
excursion into Uganda from Sudan in late December.
                                 ______
                                 

                                 ZAMBIA

    Zambia is a republic governed by a president and a unicameral 
national assembly. After two decades of one-party rule, free and fair 
multiparty elections in November 1991 resulted in the victory of the 
Movement for Multi-Party Democracy (MMD) and the election of President 
Frederick J.T. Chiluba, a former trade unionist. In November 1996 
elections, President Chiluba was reelected, and his party won 131 of 
150 seats in the National Assembly. Constitutional amendments enacted 
in May 1996 disqualified the former President, Kenneth Kaunda, the main 
opposition leader, from seeking the presidency, prompting his United 
National Independence Party (UNIP) to boycott the elections. The MMD's 
use of government resources, including the state-owned media, put the 
fairness of the elections into question, although, despite some voting 
irregularities, there was no evidence of substantial or widespread vote 
rigging or vote counting fraud. The Constitution mandates an 
independent judiciary, and the Government generally respected this 
provision in practice; however, the judicial system is hampered by lack 
of resources and inefficiency.
    The police, divided into regular and paramilitary units operating 
under the Ministry of Home Affairs, have primary responsibility for 
maintaining law and order. Police action generally was not politicized. 
The Zambia Intelligence Security Service, under the Office of the 
President, is responsible for intelligence and internal security. 
Police continued to commit numerous, and at times serious, human rights 
abuses.
    The Government continued its free market economic reform program. 
However, difficulties in privatizing major portions of the parastatal 
copper mines contributed to negative economic performance, including 
stagnation and increasing inflation. Balance of payments support by 
foreign donors resumed as a result of greater government attention to 
governance issues. Approximately 70 percent of all citizens live in 
extreme poverty.
    The Government's human rights record was generally poor; although 
the Government took steps to address some human rights problems, 
serious abuses continued in several areas. Citizens' right to change 
their government was restricted in the 1996 national elections, the 
last time national elections were held the police committed 
extrajudicial killings, and police officers routinely beat and 
otherwise abused criminal suspects and detainees. A lack of 
professionalism and discipline in the police force remains a serious 
problem and officers who commit such abuses do so with impunity. Prison 
conditions are harsh and life threatening. A government commission of 
inquiry, established in 1998 to investigate the alleged torture during 
detention of suspects in a 1997 coup attempt, began work in November. 
Arbitrary arrests, prolonged detention, and long delays in trials 
remain problems. Police infringed on citizens' privacy rights. On at 
least one occasion, the Government infringed on freedom of the press, 
and it continued to control two of the country's three daily 
newspapers, contrary to its 1991 campaign promise to privatize 
government-owned mass media. In rare instances, the Government 
restricted citizens' right of peaceful assembly and association, and in 
a few instances limited freedom of movement. Human rights and civic 
organizations and political parties continued to complain of government 
harassment. Violence against women remained widespread. Women continued 
to experience discrimination in both law and fact, including the denial 
of widows' inheritance rights. Discrimination against the disabled is a 
problem. Child labor is a problem in rural subsistence occupations and 
some urban occupations.
                        respect for human rights
Section 1.  Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings by government officials during the year, 
but police continued to use excessive force that at times resulted in 
extrajudicial killings. Police committed at least half a dozen 
extrajudicial killings. For example, in March Khondwani Musukwa died in 
police custody, apparently as a result of torture. Police reportedly 
were attempting to obtain information about associates of Musukwa 
believed to have been involved in a crime. No action was taken against 
the officers responsible for Musukwa's death. In July Sailas Mabvuto 
Lungu reportedly was beaten to death by a police constable who 
suspected him of driving a stolen vehicle. The officer was in detention 
and awaiting trial at year's end. In August a pregnant woman died in 
police custody. Police reportedly detained her in an attempt to 
determine the whereabouts of her husband. The woman is believed to have 
died as a result of abuse while in police custody; there was no 
judicial action against the police.
    A large number of prison inmates died due to illness and harsh 
conditions (see Section 1.c.).
    In May 1998, seven police officers of Mindolo police station in 
Kitwe were arrested in connection with the death in custody of Steward 
Mwantende, who they picked up in connection with suspected 
housebreaking. During interrogation police reportedly beat and burned 
Mwantende by lighting a fire under his legs. Mwantende died from his 
injuries. The police officers were arrested and a trial continued and 
did not conclude during the year (see Section 1.c.).
    In November 1998, police killed eight persons in the aftermath of 
the murder of former Finance Minister Ronald Penza. Police claimed that 
the eight were Penza's attackers; however, it was unclear whether 
Penza's attackers were among those killed by the police. The body of 
one of the eight showed evidence of torture before death; others were 
shot during arrest attempts. One police officer was charged with three 
counts of murder, convicted, and was sentenced in March to 15 years' 
imprisonment. Two other officers were arrested, but subsequently were 
released; no displinary action against the officer was reported.
    A police officer responsible for the 1998 shooting deaths of Theo 
Mijoni and Felix and Sydney Chtama was acquitted in November on the 
grounds that he was performing his duty and had not deliberately killed 
Mijoni and the Chtamas.
    In January the Government decided to compensate the families who 
had lost houses in 1995 when army recruits destroyed 100 houses and 
killed 2 persons in a village. Each family was to receive a sum 
equivalent to about $40 (100,000 kwacha). The recruits reportedly were 
dispersed to various units without disciplinary or judicial action.
    On November 3, four gunmen shot and killed Wezi Kaunda, the son of 
former President Kenneth Kaunda, in Lusaka. One suspect was arrested; 
the investigation was ongoing at year's end.
    In February a bomb killed a security guard at the Angolan Embassy 
in Lusaka; 10 other bomb explosions occurred in the capital on the same 
day.
    b. Disappearance.--There were no reports of politically motivated 
disappearances caused by government officials.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture; however, police 
regularly used excessive force when apprehending, interrogating, and 
detaining criminal suspects (or their relatives or associates) or 
illegal aliens. In most such instances, detaining officers beat 
suspects and generally were not disciplined or arrested for such acts.
    In March a young man detained with a group of women from the 
National Pressure Group was beaten while in police custody at the 
Woodlands Police Station in Lusaka (see Section 1.d.).
    In June Cedrick and Mary Phiri, who were attempting to determine 
the whereabouts of Phiri's brother-in-law, were taken into custody by 
police in the Matero district. They were detained overnight, during 
which time Cedrick was beaten with a monkeywrench on the head and back 
(see Section 1.d.) and later released without being charged.
    In September officers of the Emmasdale police station beat Benson 
Mwale repeatedly on the buttocks; subsequently, he required medical 
attention for severe lacerations. The police were attempting to force 
him to disclose information relating to thefts of car windshields. In 
September a file on the incident was opened by the Permanent Human 
Rights Commission (PHRC), which also encouraged Mwale to sue the police 
officers in their individual capacities. The police command said that 
it would punish all officers involved in the incident. Later in 
September, a "docket of complaint against police" was opened to 
investigate the matter. This docket is process through which the public 
can raise complaints against a police officer in order that legal 
procedures can be instituted. No police officers were punished by 
year's end.
    In May 1998, seven police officers of Mindolo police station in 
Kitwe were arrested in connection with the death in custody and torture 
of Steward Mwantende. A trial continued and did not conclude during the 
year (see Section 1.a.).
    In 1997 the PHRC confirmed that police tortured seven of the 
persons detained after the October 1997 coup attempt. There were 
reports that state agents tortured two of the seven in order to make 
them falsely implicate former President Kaunda and other politicians in 
the coup attempt. In March 1998, the HRC urged the Government to hold 
an inquiry into these incidents of torture. Foreign governments, 
nongovernmental organizations (NGO's), and other human rights 
organizations also pressed the Government to investigate these 
incidents of torture and to bring charges against those responsible. 
Early in 1998, one of the alleged torturers was promoted.
    In May 1998, the Government agreed to initiate an independent 
inquiry into torture claims by the October 1997 coup attempt detainees, 
and in August 1998 established a commission of inquiry made up of 
treason trial judge Japhet Banda and Lusaka principal resident 
magistrate Gertrude Chawatama. Due to judge Banda's treason trial 
obligations, the torture inquiry could not begin until the treason 
trial concluded on September 17. President Chiluba appointed two 
additional members and a deputy secretary to the commission of inquiry 
in September. The Commission began work in November through a series of 
public hearings; such hearings continued through year's end.
    The Government further promised to institute measures to monitor 
continuously and reform police operations to ensure that civil 
liberties are protected. It further directed the police, prisons, and 
immigration departments to intensify human rights training among their 
officers, which has been part of their basic training since 1997. The 
Government took no action on its statements in 1998 that it would amend 
the Police Act to provide for the establishment of a police complaints 
authority to which members of the public could channel complaints 
pertaining to police harassment and abuse.
    In September the Government attempted to exclude the assistant 
commissioner of police and the Drug Enforcement Commission deputy 
commissioner from a lawsuit filed by opposition politician Dean 
Mung'omba for torture while he was detained in the aftermath of the 
1997 coup attempt. The Government stated that the two officials should 
not be included in the suit because they were exercising their normal 
duties under the direction of the Attorney General; however, a High 
Court judge ruled that the two could be sued in their individual 
capacties.
    Police corruption is also a problem. There were a handful of 
unconfirmed reports that police would release prisoners in exchange for 
a bribe of between $100 and $150 (200,000 to 300,000 kwacha). Citizens 
in private debt disputes often are detained by police in exchange for a 
portion of the payment owed (see Section 1.d.). Police sometimes 
committed extortion at roadblocks (see Section 2.d.) or required 
document processing ``fees'' or gas money in order to commence 
investigations.
    The police undertake investigations of instances of police use of 
excessive force and have disciplined officers found to have committed 
human rights abuses. Such investigations generally are prolonged, and 
outcomes are not readily apparent. Middle ranking and senior officers 
are enrolled in human rights training seminars at the police academy. A 
number of police officers are the subject of internal investigations 
and prosecutions. Authorities arrested some police officers on such 
criminal charges as murder and robbery.
    In February the Government removed its reservation and ratified the 
U.N. Convention Against Torture and Other Cruel, Inhuman and Degrading 
Treatment or Punishment. At year's end, the Government had not 
disciplined or prosecuted any of the individuals allegedly involved in 
the torture of persons detained in connection with the 1997-98 state of 
emergency.
    In March unidentified assailants fired shots at a car belonging to 
former President Kaunda, who was not in the vehicle.
    Prison conditions are harsh and life threatening. According to 
official statistics, prisons designed to hold 6,000 prisoners held over 
12,000. This severe overcrowding, combined with poor sanitation, 
inadequate medical facilities, meager food supplies, and lack of 
potable water resulted in serious outbreaks of dysentery and other 
diseases, including tuberculosis. In a report submitted to Parliament 
in 1996, the Commissioner of Prisons said that 975 prisoners had died 
in prison between January 1991 and December 1995 due to illness and 
harsh conditions. The death rate of prison inmates remained about the 
same during the year. The Commissioner of Prisons has submitted no 
further such reports since 1996.
    In March the Commissioner of Prisons attributed the serious 
overcrowding in prisons to the slow pace at which the courts dispose of 
cases. The Commissioner noted that some cases have been pending since 
1991. According to the Commissioner, one judge had 50 cases pending, 
while the magistrate courts had 749 cases pending.
    The Magistrates and Judges' Association of Zambia expressed its 
intention in March to undertake efforts to release all eligible 
detainees on bail in order to reduce prison congestion. According to 
the Association, Kamwala Remand Prison in Lusaka contained 636 inmates, 
although it had been designed to hold only 200.
    The PHRC announced in July that it would employ prison inspectors 
to ensure that inmates are kept in habitable environments.
    The Government generally permits prison visits by both domestic and 
international monitors and by resident diplomats.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention are still problems. Criminal suspects often are arrested on 
the basis of flimsy evidence or an uncorroborated accusation. Family 
members or associates of criminal suspects were detained, interrogated, 
and physically abused by the authorities in attempts to identify or 
locate suspects. In criminal cases, the law requires that a detainee be 
charged and brought before a magistrate within 24 hours. Attorneys and 
family members are allowed access to pretrial detainees. In practice 
the authorities hold most detainees for more than 1 month from 
commission of an offense to first appearance before a magistrate. In 
many cases, an additional period of 6 months elapses before a 
magistrate commits the defendant to the High Court for trial. Following 
committal, preparation of the magistrate court record for transmittal 
to the High Court takes months, or in some cases as long as a year. 
Once a case reaches the High Court for trial, court proceedings last an 
average of 6 months.
    Pretrial detention often is prolonged. Approximately 2,000 out of 
12,000 prisoners are awaiting trial on criminal charges. In some cases 
defendants have been awaiting trial for as long as 4 years. There was 
some progress in holding trials; in past years, some defendants had 
waited for as long as 10 years for their trials. These long delays were 
a result of inadequate resources, inefficiency, lack of trained 
personnel, and broad rules of procedure that give wide latitude to 
prosecutors and defense attorneys to request adjournments. The High 
Court Commissioner can release detainees if police fail to bring the 
case to trial, although that did not occur in any case during the year.
    Although there is a functioning bail system, overcrowded prisons 
reflect in part the large number of detainees charged with serious 
offenses for which bail is not granted. These include treason, murder, 
aggravated robbery, and violations of narcotics laws. There were no 
cases of constitutional bail. Indigent detainees and defendants rarely 
have the means to post bail. The Government's legal aid office is 
responsible for providing legal aid representation for indigent 
detainees and defendants in criminal or civil cases. In practice few 
receive assistance. The office had 14 attorneys and a budget of 
$110,000 (250,000,000 kwacha) during the year to cover the entire 
country.
    Police stations frequently become ``debt collection centers,'' 
where police officers acting upon unofficial complaints detain debtors 
without charge, indefinitely, until they pay the complainants. In 
return the police receive a percentage of the payments (see Section 
1.c.).
    A group of 20 women affiliated with the National Pressure Group, a 
lobbying body, was ``arrested'' by MMD cadres for holding an 
unauthorized political meeting in March. The women were gathered in a 
private home. They were taken into police custody, but were released a 
day after the arrests. The members of the group were never charged. A 
young man detained with the group was beaten while in police custody 
(see Section 1.c.).
    In May Donald Phiri was taken into police custody during an 
unauthorized police search for weapons at his father's home. The search 
allegedly was intended to locate arms. Phiri's father complained that 
he was unable to determine his son's whereabouts for several days after 
he was taken into custody. Phiri was charged with murder in September, 
and his trial was pending at year's end.
    In June Cedrick and Mary Phiri were taken into custody at Matero 
police station by police trying to determine the whereabouts of Phiri's 
brother-in-law. The two were detained overnight (see Section 1.c.) and 
released without being charged.
    In August Imasiku Mutangelwa, the leader of a small organization 
known as the Barotse Patriotic Front (BPF), was sought by police for 
questioning after he made statements supporting a separatist rebellion 
in Namibia. Later the same month, Mutangelwa sought asylum in the 
residence of the South African high commissioner, but his request was 
denied. Mutangelwa subsequently was arrested and charged with belonging 
to an unlawful society. Mutangelwa clearly had stated his affiliation 
with the BPF for several months without any action being taken against 
him. The case against him was referred by the Magistrate's Court to the 
High Court, where it remained pending at year's end.
    In August the High Court of Ndola awarded damages to a woman who 
had been detained in 1997 by police trying to determine the whereabouts 
of her son.
    The authorities held in detention pending deportation approximately 
300 illegal immigrants, principally from neighboring countries. Because 
the immigration authorities lack funds for deportation, illegal 
immigrants sometimes are kept in prison for extended periods.
    The state of emergency imposed in October 1997 allowed the 
Government to detain suspects for 28 days without charge by using a 
police detention order and to detain them for the remainder of the 
state of emergency under a presidential detention order. After the 
lifting of the state of emergency in March 1998, the cases of coup 
suspects went into normal legal proceedings 7 months after the arrests 
of most suspects. A total of 7 civilians and about 90 military 
personnel were detained. By the end of 1998, all civilians detained in 
connection with the attempted coup and several of the military 
personnel had been released. Nine of the accused were released in May 
after charges were dismissed on grounds of insufficient evidence. Eight 
more were acquitted, 1 sentenced to hard labor, and 59 sentenced to 
death in September. The death sentences were being appealed at year's 
end, and the process is expected to last several years.
    The Government attempted to introduce a new state security bill in 
August that would have allowed the Government to hold treason suspects 
for indefinitely renewable periods of 14 days. Parliamentarians, 
including two from the MMD, sharply criticized the bill, which was 
withdrawn by the Government.
    In 1996 the now-retired Speaker of the National Assembly ordered 
the indefinite incarceration of the Post newspaper reporters Fred 
Mwembe, Bright Mwape, and Lucy Sichone for contempt of the House. The 
High Court later quashed the sentences, ruling that the Speaker had no 
authority over private citizens. The Government appealed the case, 
seeking to reinstate the detentions of the three reporters. The case 
remains pending, although Mwape and Sichone since have died.
    The Government does not use exile for political purposes; however, 
it has used deportation and the threat of deportation for political 
purposes against persons whose claims to citizenship it had refused to 
recognize.
    During the year, a number of citizens remained in self-imposed 
political exile in foreign countries including: Liberal Progressive 
Front President, Dr. Roger Chongwe, in Australia; Zambia Democratic 
Congress General Secretary, Azwell Banda, in South Africa; former 
editor of the defunct newspaper, Confidential, Reverend Steward Mwila, 
in South Africa; and former President Kaunda's daughter, Catherine 
Mwanza, in South Africa.
    e. Denial of Fair Public Trial.--The Government generally respected 
the independence of the judiciary during the year. However, there have 
been reported instances in past years in which Parliament overturned 
Court rulings; the last known attempt to do this occurred in the cases 
of Mwembe, Mwape, and Sichone in 1996 (see Section 1.d.). The President 
nominates and the National Assembly confirms the Chief Justice and 
other members of the Supreme Court. The judicial system is hampered by 
lack of resources and inefficiency.
    The Supreme Court has appellate jurisdiction for all legal and 
constitutional disputes. The High Court, which holds regular sessions 
in all nine provincial capitals, has authority to hear criminal and 
civil cases and appeals from lower courts. Magistrate courts have 
original jurisdiction in some criminal and civil cases, while local, or 
customary, courts handle most civil and petty criminal cases in rural 
areas.
    Local courts employ the principles of customary law, which vary 
widely throughout the country. Lawyers are barred from participating, 
and there are few formal rules of procedure. Presiding judges, who are 
usually prominent local citizens, have great power to invoke customary 
law; render judgments regarding marriages, divorces, inheritances, 
other civil proceedings; and rule on minor criminal matters. Judgments 
often are not in accordance with the Penal Code. For example they tend 
to discriminate against women in matters of inheritance (see Section 
5).
    Trials in magistrate courts are public, and defendants have the 
opportunity to confront their accusers and present witnesses. However, 
many defendants are too poor to retain a lawyer, and the poor state of 
the Government's legal aid department means that many citizens entitled 
to legal aid find that it is unavailable. Congestion in the courts and 
long delays while the accused are in custody can be tantamount to 
denial of fair trials.
    Courts continued to act independently and at times made statements 
critical of the State. A judge in a habeas corpus hearing for 
journalists from the Independent Post newspaper criticized the State 
for failing to produce the accused during an initially scheduled 
hearing. He further expressed his hope that the State would not detain 
again immediately the individuals who were about to be released, as had 
happened in previous cases. In March a Lusaka High Court judge 
criticized both the prosecution and the defense for excessive delays in 
an aggravated robbery case that has been in progress since 1995. The 
judge expressed disappointment that the defense had not applied for 
constitutional bail on grounds of excessive delay in completing the 
trial and noted that the rights of the accused had been abused by this 
delay.
    Repeated delays in presenting a state case against journalists from 
the Independent Post newspaper raised concerns that the Government was 
simply delaying the case in order to intimidate the newspaper (see 
Section 2.a.).
    After a short-lived coup attempt on October 28, 1997, the 
Government detained about 90 military personnel and a total of 7 
civilians, including former President Kaunda, in connection with the 
attempted coup. Charges were filed against these individuals in March 
1998. President Kaunda was released after 6 months of detention, when 
the Government decided not to prosecute his case. By the end of 1998, 
all civilians detained in connection with the attempted coup had been 
released. The treason trial concluded in September with 59 of the 
accused receiving death sentences; these sentences are under appeal.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for respect for privacy and 
the inviolability of the home; however, the authorities did not always 
respect these rights in practice. The law requires a warrant before 
police may enter a home, unless a state of emergency is in place. 
Police routinely ignored this requirement and often arrested alleged 
criminals at their homes without first having obtained an arrest 
warrant. The Constitution grants the Drug Enforcement Commission and 
the Zambian Intelligence Security Service authority to wiretap 
telephones for possible cause. In 1996 the Inspector General of Police 
admitted in open court that he had ordered the illegal wiretaps of the 
telephone at the offices of the Post, an independent daily newspaper. 
The case still is pending in court.
    Police detained and abused relatives and associates of suspects; in 
August a pregnant woman detained by the police looking for her husband 
died in custody (see Sections 1.a., 1.c., and 1.d.).
    In March police illegally searched the home of the husband of 
Sylvia Masebo, a political activist, reportedly on suspicion of 
narcotics activities. Masebo expressed her belief that the search was 
undertaken solely to defame her.
    In May police raided the home of the president of the World Baptist 
Evangelical Association, Reverend Bwanali Phiri, without a warrant in 
the early hours of the morning. The police said that they were looking 
for weapons; they then took Phiri's son Donald and two of Phiri's 
tenants into custody, reportedly on suspicion of involvement in a 
murder. Phiri complained that he was unable to determine the 
whereabouts of his son for several days after he was taken into 
custody. Phiri's tenants were released, but Phiri was detained for 4 
months without charge, then charged with murder. The case was pending 
at year's end.
    Roundups of suspected illegal aliens in the home or workplace 
continued. According to the Government Commissioner for Refugees, 
immigration officials are empowered under the law to conduct these 
roundups without a warrant.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--While the Constitution provides 
for freedom of expression and of the press, the Penal Code lists 
various prohibited activities that may be interpreted broadly to 
restrict these freedoms, and in at least one instance the Government 
infringed on press freedom. Overall, the Government's record on press 
freedom was mixed during the year. Over the past several years, in 
response to headlines and stories of alleged corrupt practices on the 
part of government officials, the Government, accused officials, and 
other individuals have brought numerous libel actions against the Post 
newspaper. There are currently over 80 cases filed over the course of 
the last 4 years waiting to be adjudicated. The number of pending libel 
cases did not increase during the year, because the journalist involved 
in most of them had left the Post.
    The law includes provisions for investigative tribunals to call as 
witnesses journalists and media managers who print allegations of 
parliamentary misconduct. Failure to cooperate with a tribunal may 
result in charges of contempt punishable by up to 6 months in jail. 
This is seen by the media as a clear infringement on press freedom and 
a means for parliamentarians to bypass the clogged court system in 
dealing with libel suits against the media.
    Thirteen members of the editorial staff of the Independent Post 
newspaper were arrested after the newspaper published a story pointing 
out deficiencies in the country's military preparedness in relation to 
neighboring Angola. The Post claimed the information contained in the 
article was publicly accessible. Twelve of the staff members were 
charged with espionage, but the trial was delayed several times, 
raising questions about whether the Government really wanted to 
prosecute, or simply intimidate, the newspaper. All of the accused 
remain free on bond. Their trial started on December 22 with 
prosecution testimony by an army general. In addition the Attorney 
General and several members of the MMD applied for an injunction to 
restrain the Post from publishing articles related to tensions between 
Angola and Zambia. The injunction was thrown out in August by the High 
Court deputy registrar, who said that the application had not disclosed 
a cause for the requested action of prohibiting such articles (see 
Section 1.e.).
    In March the deputy minister for Local Government and Housing 
locked a journalist in his office when the journalist came to 
investigate the status of a presidential housing initiative. This 
incident prompted the Zambia Independent Media Association (ZIMA) to 
conduct a march for press freedom.
    A government appeal of a National Assembly case initiated against 
three journalists in 1996 remains pending (see Section 1.d.).
    A number of privately owned newspapers question government actions 
and policies, and these circulate without government interference. For 
the last 3 years, the leading private daily, the Post, has had an 
Internet home page that has attracted over 15,000 readers per month. 
The government-controlled Times of Zambia and Zambia Daily Mail, two of 
the most widely circulated newspapers, also have home pages established 
in April 1996. The Government owns the sole television station, the 
Zambia National Broadcasting Corporation (ZNBC). In addition to the 
government-controlled radio station, there are three church-related 
stations and one private commercial station.
    The Government exercised considerable influence over the 
government-owned media, which continued to follow the government line 
on important issues.
    In February the only commercial station resumed rebroadcasting 
Voice of America (VOA) and British Broadcasting Corporation (BBC) 
items. The station had been pressured by the Government to stop such 
rebroadcasts in 1997 due to an interpretation of licensing limitations. 
Multichoice, based in South Africa, provides satellite and analog 
wireless subscribers with television services. These services provide 
broadcasts of Cable News Network, BBC World, Sky Television, and South 
African Broadcasting Corporation Africa News. They also provide three 
BBC, one Radio France International, and VOA radio news broadcasts. 
Neither of the services provides local news coverage. A second wireless 
service, CASAT, began operations in December 1997. In 1998 Trinity 
Broadcasting Network, a foreign-based church-related television 
network, began 24-hour transmission from a rented studio at the ZNBC 
complex.
    Contrary to its 1991 campaign promises to privatize government-
owned mass media, the Government has declined to privatize the state-
owned and government-controlled Times of Zambia, the Zambia Daily Mail, 
and the ZNBC radio and television stations. Opposition political 
parties complain that government control of these media bodies 
effectively limits their access to such means of mass communication.
    Academic freedom is respected. University professors are permitted 
to lecture freely, conduct research, and publish their work. The 
Government is attempting to pass a university act to give greater power 
to the Minister of Education to supervise universities. There is 
concern among the academic community that this act would lead to 
limitations on their freedom. The act was introduced into the 
Parliament in September, debated, passed and forwarded to the President 
for enactment. However, before the President could take action, a group 
of university professors and students obtained a court injunction 
blocking presidential action. The bill lapsed at the end of the year 
and must be resubmitted to the Parliament if it is to be enacted.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly; however, the Government 
restricted this right in practice. The law requires rally organizers to 
notify the police 7 days in advance of a rally. The police may advise 
the organizers that the time or venue is inopportune. In practice the 
police did not interfere with most peaceful rallies whose leaders 
followed the prior notification rule and that could be described as 
politically neutral or favorable to the Government or MMD; however, 
authorities sometimes denied permission to proceed with rallies planned 
by the political opposition, particularly the United National 
Independence Party (UNIP).
    The Zambia Independent Media Association was allowed to conduct a 
march for press freedom in March (see Section 2.a.). However, in April 
UNIP was denied permission to conduct a march protesting a decision of 
the Ndola High Court that declared former President Kaunda stateless 
due to his Malawian parentage and his failure to normalize his 
citizenship status at an appropriate time. The authorities gave no 
reason for denying the permission for the march, and no reason was 
apparent.
    Two miners were wounded when police fired shots to disperse a 
meeting of the Mineworkers Union of Zambia (MUZ) in Luanshya in April. 
The MUZ was given a permit for the rally on April 12, but the permit 
subsequently was revoked with the instruction that the meeting must be 
held in an enclosed place. The MUZ was issued a second permit after 
changing its meeting venue; however, on the day of the event, police 
informed MUZ officials that the Inspector General of Police had 
cancelled the event. The meeting went ahead, prompting the police to 
disperse the group.
    Two opposition political activities were thwarted by private 
enterprises under suspicious circumstances. A press conference to be 
conducted by the United Party for National Democrats at a Lusaka 
nightclub was cancelled by the club the day before the scheduled event. 
The club stated that it was not authorized to host political 
activities, although no such restriction was stated during the initial 
scheduling. A new political party, the Zambia Alliance for Progress, 
was scheduled to launch its party officially at a sports complex in 
June. The sports complex cancelled the booking shortly before the date 
of theevent, also stating that it was not authorized to host political 
activities. Both groups were able to hold subsequent meetings in 
different locations.
    A group of approximately 20 women affiliated with the National 
Pressure Group was detained by police after a meeting by the group in 
the private residence of one of the members (see Section 1.d.).
    Requests by the University of Zambia's student union to stage a 
peaceful protest over continued closure of the school were turned down 
in July. Seven students subsequently were arrested on suspicion of 
planning to proceed with the protest without permission. The students 
were released in July.
    The Constitution provides for freedom of association; however, at 
time the Government restricted this right. All organizations must apply 
formally for registration to the registrar of societies. In most cases, 
authorities routinely approved these applications. However, the 
Registrar initially refused to register the Zambia Alliance for 
Progress, citing incompatibilities between the party's constitution and 
the national Constitution. The party amended its constitution and 
subsequently was registered. The Government also denied the application 
of a group of former servicemen who wanted to form an association. The 
Government argued that an organization for ex-servicemen already 
existed. There are currently 34 political parties and dozens of NGO's 
registered. The Government threatened to take action against those 
organizations that did not submit annual reports to the registrar of 
societies. In June the Ministry of Home Affairs deregistered more than 
20 NGO's that did not comply with the reporting requirement.
    In prior years, the Government has harassed and arrested NGO 
leaders. In 1996 authorities arrested NGO leaders, Alfred Zulu and 
Ngande Mwanajiti, and charged them with receiving financing from 
foreign governments. While the charges have not been dropped, they are 
not being pursued, and both men remained active and free throughout the 
year.
    The Government pursued passage of a new NGO act during the year. 
The act would create an oversight committee dominated by government 
representatives. The proposed act also gives power to the Ministry of 
Home Affairs to regulate NGO activities without reference to purpose. 
NGO's have complained that the proposed act ignores a draft policy 
formulated jointly by the NGO community and the Government. NGO's 
further protest that the proposed act would restrict their freedom of 
assembly severely. The act was not taken to a vote in Parliament by 
year's end.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice. 
Although a 1996 amendment to the Constitution declared the country a 
Christian nation, the Government respects the right of all faiths to 
worship freely in practice. There are governmental controls that 
require the registration of religious groups. The Government approves 
all applications for registration from religious groups without 
discrimination. There were no reports that the Government rejected any 
religious groups that attempted to register or obtain licenses.
    Some members of the Muslim community have complained that their 
religion has been discriminated against since the country was declared 
a Christian nation. They contend that they are unable freely to teach 
and practice Islam. However, other Muslim organizations state that they 
have not experienced any restrictions on their actions. There are 
mosques in the country, and the Government does not appear to hinder 
Muslim worship or teaching.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides citizens with 
the right to move freely throughout the country, to reside in any part 
of the country, and to depart and return to the country without 
restriction; however, there were instances in which authorities limited 
freedom of movement.
    The authorities generally respected these rights during the year, 
but police roadblocks to control criminal activity continued, and 
police sometimes extorted money and goods from motorists.
    While there is no law specifically addressing the processing of 
refugees, the Government complies with the provisions of the 1951 U.N. 
Convention Relating to the Status of Refugees and its 1967 Protocol. 
The U.N. High Commissioner for Refugees (UNHCR) estimated that there 
were approximately 220,000 refugees, mainly Angolans, in the country. 
The Government cooperated with the UNHCR in processing applications for 
refugee status.
    The Government provided first asylum to approximately 25,000 
refugees during the year. The majority of these came from the 
Democratic Republic of Congo in March and April due to ongoing fighting 
near Zambia's northern and Luapula provinces.
    In June the Government detained six Namibians allegedly connected 
to a separatist movement in Namibia. The UNHCR requested access to the 
six to determine whether they sought asylum. The Government indicated 
that it would grant access, but it deported the six in August without 
providing the UNHCR with the opportunity for an interview. The UNHCR 
protested to the Government about the handling of these cases without 
regard to due process; the Government did not respond.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens voted in national multiparty elections in November 1996; 
however, constitutional amendments barred the best known opposition 
candidate, former president and UNIP leader, Kenneth Kaunda, and his 
deputy, senior chief Inyambo Yeta, from running for the presidency, 
thereby restricting the right of citizens to change their government. 
The amendments enacted in 1996 require both parents of presidential 
candidates to be citizens by birth and disqualify tribal chiefs from 
running for the presidency unless they resign their chieftainship.
    UNIP boycotted the elections and destroyed many party members' 
voter registration cards. Eleven political parties contested the 
presidential and National Assembly elections in 1996. The Government 
deregistered 14 opposition splinter parties for noncompliance with 
registration procedures. Approximately 50 percent of eligible voters 
registered. Of this total, almost 70 percent cast ballots. Although the 
MMD's use of government resources, including the state-owned media, 
during campaigns probably did not affect the final outcome, the 
elections' fairness nevertheless was put into question. The 
Government's failure to implement a transparent voter registration 
process raised doubts among opposition parties about the Government's 
willingness to have an open electoral process.
    Local government elections, originally scheduled for 1995, were 
held in December 1998. While the Government acted within the limits of 
the law, it gave only 1 month's notice of the election date, which 
prompted opposition parties to complain that they had insufficient time 
to prepare campaigns. The short notice also meant that the Electoral 
Commission was ill prepared to conduct a large-scale operation. As a 
result, there were reports of administrative problems at polling 
stations, including voting registrars sent to the wrong polling 
stations, party symbols mixed up on ballots, and polling stations 
under-supplied with ballots. Voter turnout was extremely low. However, 
despite serious irregularities, the elections generally reflected the 
will of the electorate.
    Under the Constitution, the President wields broad authority. The 
National Assembly ratifies major appointments and theoretically has 
broad powers, but the overwhelming majority held by the MMD effectively 
precludes independent action by the legislature and limits its ability 
to provide a check on executive authority. During the year, Parliament 
took steps to strengthen itself and to improve responsiveness to 
citizen concerns. Parliament currently is establishing a system for 
citizen input to bills before they are voted upon. An MMD backbencher 
complained in August that the front bench frequently attempted to rush 
through legislation without allowing adequate time for debate. 
Criticism by two MMD backbenchers and an opposition parliamentarian 
prompted the Government to withdraw a controversial state security bill 
(see Section 1.d.).
    The number of women in politics and government is increasing but 
remains small, and women are underrepresented in Government. There are 
15 female members in the 150-seat Parliament; 2 of these are ministers, 
and 3 are deputy ministers. There are three ethnic Asians in Parliament 
(one is a minister), and one mixed race (African-European) minister.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Human rights and civic rights organizations generally operated 
without serious government hindrance; however, the Zambian Independent 
Monitoring Team (ZIMT), Committee for a Clean Campaign (CCC), the 
African Human Rights Network (AFRONET), and the Foundation for 
Electoral Processes claimed that official harassment, including 
blocking their bank accounts continued during the year.
    The Government continued to be receptive to criticism from human 
rights and civic organizations in general, but on occasion government 
officials accused human rights monitors of abetting crime and thwarting 
the work of the police through their focus on victims of police 
brutality.
    Some domestic human rights organizations, including the Law 
Association of Zambia, Women for Change, the Catholic Commission for 
Justice and Peace, and the Zambia Civic Education Association have 
continued to press for a transparent democratic electoral system.
    The Government generally did not interfere with inquiries or visits 
by international human rights organizations; however, Human Rights 
Watch and Amnesty International were not permitted to visit most of the 
coup detainees during 1998.
    In May 1997, the Government established an autonomous Permanent 
Human Rights Commission, the PHRC. A Supreme Court justice chairs the 
Commission; other members are drawn from throughout society and include 
the former head of the Foundation for Democratic Processes and a 
University of Zambia lecturer on human rights. The Commission 
interceded on behalf of persons whose rights it believed were denied by 
the Government. In order to monitor human rights abuses actively at the 
local level, the Commission established human rights committees in all 
provincial capitals in 1998. While there were doubts at first about its 
autonomy and effectiveness, the Commission in 1997 aggressively sought 
and received access to the coup detainees, exposed the torture of seven 
of them, and demanded (and obtained) better medical care for them. The 
Commission spoke out on behalf of other detainees and prisoners, and 
the Government responded by releasing seriously ill prisoners at the 
Commission's request. In July the PHRC announced that it would employ 
prison inspectors to ensure that inmates are kept in habitable 
environments. The Government further responded to the Commission's 
recommendation by establishing in 1998 an inquiry to investigate 
torture claims by detainees. The inquiry is chaired by a High Court 
justice, and a principal resident magistrate is a member. The inquiry 
started in November with a series of public meetings (see Section 
1.c.).
    The Government continued to cooperate with the International 
Criminal Tribunal for Rwanda (ICTR) in detaining and sending to Arusha 
persons whom the ICTR identified as suspected war criminals.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on race, tribe, 
sex, place of origin, marital status, political opinion, color, or 
creed. Constitutional amendments barring native born Zambians of 
partial or full foreign ancestry from the presidency appear to violate 
the prohibition on discrimination based on place of origin. These 
amendments also prohibit traditional chiefs, who are accorded authority 
and privileges as chiefs, from running for political office unless they 
resign their chieftainships. A legal challenge to these amendments in 
1996 was unsuccessful.
    Women.--Violence against women remained a serious problem. Wife 
beating and rape were widespread. According to official statistics, 
over 4,700 rape cases were reported to the police between 1991 and 
1998. Of these, approximately 30 percent resulted in conviction and 5 
percent in acquittal. The remainder either were dismissed or remain 
unresolved. The courts normally sentence defendants convicted of rape 
to hard labor. Since many rape cases were not reported to police, the 
actual number is considered to be much higher. Domestic assault is a 
criminal offense. Although the police established a Victim Support Unit 
(VSU) to attend to the problem of domestic assault in 1997, in practice 
police often are reluctant to pursue reports of wife beating, 
preferring instead to broker a reconciliation. TheGovernment and NGO's 
expressed continued concern about violence against women, and the media 
devoted considerable publicity to it during the year. The VSU handles 
problems of wife beating, mistreatment of widows by the deceased 
husband's relatives, and ``property grabbing.''
    Both the Constitution and the law entitle women to equality with 
men in most areas; however, in practice women are disadvantaged 
severely in formal employment and education compared with men. Married 
women who are employed often suffer from discriminatory conditions of 
service. Women have little independent access to credit facilities; in 
most cases, they remain dependent on their husbands, who are required 
to co-sign for loans. As a result, few women own their own homes. 
However, some small financial institutions reportedly are now allowing 
women to sign independently for loans.
    Customary law and practice also place women in a subordinate status 
with respect to property, inheritance, and marriage, despite 
constitutional and legislative protections. Polygyny is permitted if 
the first wife agrees to it at the time of her wedding. Under the 
traditional customs prevalent in most ethnic groups, all rights to 
inherit property rest with the deceased man's family. The 1989 
Intestate Succession Act was designed to provide women with a share of 
the joint estate. Under the act, the children of the deceased man 
equally share 50 percent; the widow receives 20 percent; the parents 
receive 20 percent; and other relatives receive 10 percent. A 1996 
``reform'' of the act places the widow's share at 20 percent, to be 
divided equally with any other women who can prove a marital 
relationship with the deceased man, thus granting inheritance rights to 
other wives, mistresses, and concubines.
    In practice ``property grabbing'' by the relatives of the deceased 
man remains rampant, particularly when local customary courts have 
jurisdiction. These courts often use a different law, the Local Courts 
Act, to distribute inheritances without reference to the percentages 
mandated by the Intestate Succession Act. Ignorance of the law on the 
part of victims is also a problem. As a result, many widows receive 
little or nothing from the estate. The fines that the Intestate 
Succession Act mandates for property grabbing are extremely low.
    Children.--The Government seeks to improve the welfare of children, 
but scarce resources and ineffective implementation of social programs 
continue to affect adversely the welfare of children. Education is 
neither compulsory nor free. Due to poverty, both rural and urban 
children often work in the informal sector to help families make ends 
meet (see Section 6.d.). The number of street children in Lusaka jumped 
from 35,000 in 1991 to 90,000 in 1998, partly because of the growing 
number of parents who have died from AIDS. Approximately 75 percent of 
all households are caring for at least one orphan and, as a result, 
these children face greater risks of child abuse, sexual abuse, and 
child labor. Child abuse was believed to be fairly common, but no 
statistics were available.
    People with Disabilities.--Persons with disabilities face 
significant societal discrimination in employment and education. The 
Government has taken steps to ameliorate their hardships, including 
establishing a national trust fund to provide loans to the disabled to 
help them start businesses, but its efforts are limited by scarce 
resources. The Government has not legislated or otherwise mandated 
accessibility to public buildings and services for the disabled.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of citizens to form trade unions, and approximately 60 percent of 
the 300,000 formal sector workers are unionized. Eighteen of the 
country's 19 large national unions, organized by industry or 
profession, are affiliated with the Zambia Congress of Trade Unions 
(ZCTU). The ZCTU is operated democratically and, like its constituent 
unions, is independent of any political party and the Government. The 
Mineworkers' Union of Zambia and four other unions broke away from the 
ZCTU and established a rival umbrella organization in 1994. Four of 
them, including the Mineworkers' Union of Zambia, since have rejoined 
the ZCTU. The Mineworkers' Union rejoined the ZCTU during the year, 
leaving only the Zambia Union of Financial and Allied Workers outside 
the Congress.
    The 1993 Industrial and Labor Relations Act (ILRA) reestablished 
the ``one union, one industry'' principle. The Bankers Union of Zambia, 
although registered with the Government in 1993, has been unable to 
operate because the employers recognize the existing Zambia Union of 
Financial and Allied Workers. In 1993 the Ndola High Court ordered the 
Government to register the Secondary School Teachers Union (SSTU) of 
Zambia. The Government continues to argue that the Zambia National 
Teachers Union (ZNUT) represents secondary school teachers and has 
delayed recognition of the new secondary school teachers union 
administratively. The SSTU sued the Government over its 
nonregistration, prompting the Government to register it in 1997. 
However, most teachers still belong to the ZNUT.
    All workers have the right to strike, except those engaged in 
essential services. In addition to the Zambia Defense Force, the 
judiciary, the police, the prison service, and the Intelligence 
Security Service, the ILRA defines as essential services power, 
medical, water, sewerage, fire fighting, and certain mining occupations 
essential to safety. It permits strikes only after all other legal 
recourse has been exhausted. The ILRA prohibits employers from 
retribution against employees engaged in legal union activities. 
Workers engaged in illegal strikes do not enjoy this protection.
    By a majority vote of its members, a union may decide on 
affiliation with the ZCTU or with trade unions or organizations outside 
the country. The ZCTU is a member of the International Confederation of 
Free Trade Unions. Labor leaders travel without restrictions to 
international conferences and to visit counterparts abroad.
    b. The Right to Organize and Bargain Collectively.--Employers and 
unions in each industry negotiate collective bargaining agreements 
through joint councils in which there is no government involvement. 
Civil servants and teachers, as public officials, negotiate directly 
with the Government. Collective disputes are referred first to 
conciliation. If conciliation fails to resolve the dispute, the parties 
may refer the case to the Industrial Relations Court, or, in the case 
of employees, vote to strike. In practice the industry joint councils 
function effectively as collective bargaining units.
    The ILRA prohibits discrimination by employers against union 
members and organizers. An employee who believes that he has been 
penalized for union activities may, after exhausting any existing 
administrative channels for relief, file a complaint with the 
Industrial Relations Court. This court has the power to order 
appropriate redress for the aggrieved worker. The complainant may 
appeal a judgment of the Industrial Relations Court to the Supreme 
Court. In practice the Court often orders employers to reinstate 
workers found to have been victims of discrimination. This court, like 
other courts, has inadequate resources to address all of the cases 
before it in a timely manner.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits slavery and involuntary servitude, but it authorizes the 
Government to call upon citizens to perform labor in specific 
instances, for example, during national emergencies or disasters. 
Moreover, the Government can require citizens to perform labor that is 
associated with traditional civil or communal obligations, as when all 
members of a village are called upon to assist in preparing for a visit 
by a traditional leader or other dignitary. In practice bonded labor by 
adults or children is not permitted, and the labor authorities enforce 
the legal proscriptions when cases violating the law are brought to 
their attention (see Section 6.d.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum age for employment of children is 16 
years. The Labor Commissioner effectively enforces this law in the 
industrial relations sector although, because of high adult 
unemployment, there is no demand for child labor in the formal sector. 
The law is not enforced for those who work in subsistence agriculture, 
domestic service, and informal sectors, where children under the age of 
16 often are employed. In urban areas, children commonly engage in 
street vending. There are an estimated 150,000 children in the 
workforce. At present, acute family poverty levels and economic factors 
motivate child labor.Forced or bonded labor by children is not 
permitted, and the authorities enforce legal proscriptions if cases of 
violations are brought to their attention (see Section 6.c.).
    e. Acceptable Conditions of Work.--The minimum wage for 
nonunionized workers is set at $0.05 (70.30 kwacha) per hour. Based on 
a 48-hour workweek, the legal maximum for nonunionized workers, a 
worker earning the minimum wage would receive $35 (90,000 kwacha) per 
month. The minimum wage covers nonunionized workers in categories such 
as general workers, cleaners, office orderlies, and watchmen. The 
minimum wage is insufficient to provide a worker and family with a 
decent standard of living, and most minimum wage earners supplement 
their incomes through second jobs, subsistence farming, or reliance on 
the extended family.
    With respect to unionized workers, wage scales and maximum workweek 
limits are established through collective bargaining. In practice 
almost all unionized workers receive salaries considerably higher than 
the nonunionized minimum wage. The minimum workweek for full-time 
employment is 40 hours and is, in practice, the normal workweek. The 
law requires 2 days of annual leave per month of service.
    The law also regulates minimum health standards in industry, and 
the Department of Mines is responsible for enforcement. Factory safety 
is handled by the Inspector of Factories under the Minister of Labor, 
but staffing problems chronically limit enforcement effectiveness. 
There are no legislative provisions to protect a worker who refuses to 
work on grounds of inadequate safety.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons; however, there were no reports that persons were trafficked 
in, to, or from the country.
                                   ____
                                 

                                ZIMBABWE

    Zimbabwe is a republic in which President Robert Mugabe and his 
Zimbabwe African National Union-Patriotic Front (ZANU-PF) have 
dominated the executive and legislative branches of the Government and 
have restricted political choice since independence in 1980. Although 
the Constitution allows for multiple parties, opposition parties have 
been subject both to financial restrictions which were relaxed only 
partially in 198, and to periodic intimidation by the ruling party and 
government security forces. The judiciary is generally independent, but 
the Government often refuses to abide by court decisions.
    The Zimbabwe Republic Police (ZRP) are responsible for maintaining 
law and order. The Zimbabwe National Army and Air Force under the 
Defense Ministry are responsible for external security. The Central 
Intelligence Organization (CIO) under the Ministry of State Security is 
responsible for internal and external security but no longer has powers 
of arrest. Members of the security forces committed serious human 
rights abuses.
    Of a population of perhaps 12 million, nearly half live by 
subsistence agriculture and about 75 percent rely directly or 
indirectly on agriculture for their livelihood; however, there are also 
substantial mining, manufacturing, and service sectors. The country has 
abundant arable land, minerals, good infrastructure, and educated and 
disciplined work force, and a strong ecotourism sector. Its chief 
sources of hard currency were exports of tobacco, gold, ferro-alloys, 
nickel, tourism, and remittances from citizens working in other 
countries. The non-farm economy continued to be dominated by state-
owned monopolies and to suffer from mismanagement and poor governance 
including government corruption, and from large fiscal deficits 
exacerbated by the Government's military operations since 1998 in the 
Democratic Republic of the Congo (DROC). These conditions continued to 
contribute to accelerating price inflation, rapid currency 
depreciation, high real interest rates, and high unemployment. Over 
half the population relies on subsistence agriculture. The formal 
sector unemployment rate exceeds 55 percent. In 1998, per capita gross 
domestic product was approximately $425. During the year, the economy 
contracted and real per capita income fell. The Government continued to 
face growing pressure from urban labor groups and rural low-income 
groups as the standard of living dropped. Widespread strikes and 
opposition from private businesses as well as labor largely frustrated 
government efforts to impose new taxes and reimpose price controls. 
International experts estimated that HIV/AIDS infects one-fourth of the 
adult population and has killed nearly600,000 persons and created 
hundreds of thousands of orphans since the late 1980's.
    The Government's overall human rights record worsened significantly 
and there were serious problems in a growing number of areas. There 
were incidents of police killings. Security forces tortured, beat and 
otherwise abused persons. Prison conditions remained harsh, and 
arbitrary arrest and detention and lengthy pretrial detention remained 
problems. Executive branch officials repeatedly refused to implement 
court decisions; after three Supreme Court judges called on the 
President to require executive branch officials to obey the law, the 
President publicly suggested that they resign. Infringements on 
citizens' privacy continued. The Government announced that it would 
restrict state hiring to ruling party members. The Government 
intensified its restrictions on press freedom, enforcing restrictive 
laws against journalists, detaining, torturing and intimidating 
journalists, and monopolizing domestic radio broadcasting; the 
President blocked enactment of legislation passed by the Parliament 
that would have partly relaxed some legal restrictions on various human 
rights including freedom of the press, and threatened to enact laws 
that would further restrict press freedom. Journalists also practiced 
self-censorship. The Government continued to restrict academic freedom. 
The Government restricted freedom of assembly. Security forces 
repeatedly used force to disperse nonviolent public meetings and 
demonstrations. Although the Government generally respected religious 
freedom, its retention of the colonial-era Witchcraft Suppression Law 
reportedly was viewed as restrictive by some practitioners of 
traditional indigenous religions. The Government at times restricted 
freedom of movement. The political process remained heavily tilted in 
favor of the ruling party and widespread irregularities, fraud, and 
intimidation marred urban council elections. The Government effectively 
frustrated a movement, initiated by a coalition of nongovernmental 
organizations (NGO's), to reduce the power of the presidency through 
constitutional reform. The President criticized and threatened NGO's 
for promoting political liberalization and respect for human rights. 
Domestic violence against women remained widespread, and traditional, 
often illegal, discrimination against women continued. Abuse of 
children and discrimination against the disabled remained problems. 
There were increasing reports of ritual murders associated with 
traditional religious practices. The President and his Government 
exacerbated widespread resentment of the economically prominent 
European ethnic minority. The Government increasingly violated labor 
rights, further restricting the right to strike and expelling a foreign 
adviser of an independent labor federation; members of the security 
forces beat a labor leader.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings by government security forces, but there 
were reports of the use of excessive force, which resulted in deaths.
    In March police instituted a system of roadblocks to apprehend 
suspected criminals, known as ``Operation Hokoyo.'' Police killed two 
persons when they fired at moving vehicles that had attempted to evade 
the checkpoints. The police stopped using live ammunition during 
searches at roadblocks after public criticism over the deaths.
    On September 23, Notice Zhakata reportedly died at Norton Hospital 
of injuries inflicted on him by police at the Kadoma police station, 
where he was detained following an arrest and from which he reportedly 
was taken, bleeding, to the hospital. According to press reports, a 
medical postmortem confirmed that Zhakata died of injuries due to an 
assault. According to press reports, police initially denied 
responsibility for the death, but in October a police spokesperson 
announced that police officers were arrested in connection with 
Zhakata's death.
    Harsh prison conditions and a high incidence of HIV/AIDS are widely 
acknowledged to have contributed to a large number of deaths in prison; 
however, no current statistics on the exact number of deaths were known 
to exist. (see Section 1.c.).
    In April the Vice President of Rwanda alleged that the armed forces 
of Zimbabwe had trained ethnic Hutu militias that committed 
extrajudicial killings and other serious human rights abuses in the 
DROC and Rwanda; in April the Ministry of Defense denied these reports, 
and no evidence to support them was reported.
    In July the ZRP's Criminal Investigation Division reportedly 
identified an unnamed official of both the ZANU-PF and the Government 
as the subject of an investigation into three ritual killings committed 
in 1997 (see Section 5).
    Police killed eight persons during the January 19-22, 1998 food 
riots. The Government conducted investigations into these cases, and 
private legal actions were instituted against the police. At year's 
end, those cases still were proceeding through the courts, and police 
investigations were ongoing. In March a magistrate court issued an 
opinion in the case of a 12-year-old girl, Kudzi Ndlovu, who was shot 
in Gweru during the riot on January 20, 1998, in which he concluded 
that her death resulted from a collapse in police command and 
inadequate riot control procedures by the officers on the scene. Due to 
the confusing and conflicting evidence about the police response in 
this case, the judge was unable to find any individual officer liable 
for this death. The magistrate court recommended that further ``private 
investigations'' be undertaken to assist the Attorney General in 
determining liability in the case. At year's end, there were no other 
developments in the case.
    The Attorney General continued to decline to prosecute the mayor of 
Chitungwiza, Joseph Macheka, for shooting to death one man and wounding 
two others who allegedly attempted to rob Macheka's liquor store during 
the January 1998 food riots. Macheka was the successful ruling ZANU-PF 
party candidate in a contentious mayoral election campaign against an 
independent. The Attorney General determined that Macheka was acting in 
self-defense and therefore, that prosecution was not in the public 
interest. Legal and human rights critics accused the Attorney General 
of bowing to political pressure and usurping the function of the court.
    There were no developments in the gasoline bombing case involving 
independent Member of Parliament Margaret Dongo, whom ZANU-PF 
supporters attacked with a gasoline bomb at a by-election in 
Chitungwiza in February 1998. There also were no new developments in 
the case of a police officer who fired into a crowd of persons 
protesting fuel price increases in Mutare in late 1998, killing one 
woman. The officer has not been prosecuted.
    By year's end, the Government still had not responded formally to a 
report by the Legal Resources Foundation (LRF) and the Catholic 
Commission for Justice and Peace (CCJP) on atrocities committed during 
the 1982-87 Matabeleland crisis, despite the release of a shortened 
version that was made available in local languages. During the July 5 
funeral for the former vice president Joshua Nkomo, President Mugabe 
said that he regretted the "unfortunate happening" that took place in 
Matabelelanad, in reference to the numerous abuses committed in that 
region during the 1980's, without assigning blame or responsibility to 
any government forces.
    b. Disappearance.--There were no reports of politically motivated 
disappearances. In November a leader of the Congolese Rally for 
Democracy, a Congolese insurgent group fighting against units of the 
Zimbabwean armed forces in the DROC, alleged that Zimbabwean troops 
kidnaped and held as hostages 17 missionaries of the Church of Jesus 
Christ on Earth of the Prophet Simon Kimbangu; however, there were no 
reports of evidence that supported this allegation.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture, and cruel and inhuman 
treatment; however, security forces tortured, beat, and otherwise 
abused persons.
    The ZRP showed poor training in criminal apprehension and 
interrogation; officers used live ammunition at vehicle checkpoints, 
which resulted in several deaths (see Section 1.a.), and during student 
protests to disperse demonstrators (see Section 2.a.).
    On January 12, the military police detained and subsequently 
tortured and beat an editor of The Standard newspaper, Mark Chavunduka, 
at Cranborne barracks following the newspaper's publication of a 
January 10 story that alleged that 23 army officers had been arrested 
in connection with an attempted military coup. Chavunduka credibly 
alleged that government officials subjected him to prolonged 
interrogations about the sources of the story until January 19, when he 
was handed over to the civilian police. On that same day, police also 
arrested a reporter for The Standard, Ray Choto, and took both 
Chavunduka and Choto to a detention center where, they credibly 
alleged, police beat them over several hours with planks, electric 
cords, fists, and booted feet. Chavunduka alleged that police stripped 
him, placed his head under water, and then handcuffed him and subjected 
him to electric shocks on his genitals and other parts of his body 
while continuing to interrogate him about the sources of his coup 
story. Chavunduka also alleged that one of his eardrums was perforated 
following beatings to his head during hisdetention. On January 20, 
Chavunduka and Choto were seen by an army doctor at Parirenyatwa 
hospital, who found that both journalists sustained injuries while in 
custody. The two journalists, charged under the Law and Order 
Maintenance Act (LOMA) with making a false statement likely to ``cause 
fear, alarm, and despondency'' among the public (see Section 2.a.), 
were released on bail and seen by private doctors on January 21, who 
concluded that there was no doubt that their injuries were the result 
of torture. A third doctor examined the journalists on January 23, and 
also found that they were abused physically while in custody. In March 
Chavunduka and Choto were treated in London (see Section 2.d.) for 
physical and psychological injuries that they sustained while in the 
custody of the military and civilian police in January. Two separate 
High Court judges issued orders for the release of the journalists in 
early January, since the military has no authority to arrest civilians. 
The military refused to release the journalists, claiming defects in 
the service of the court orders. On January 23, in an interview with 
the British Broadcasting Corporation (BBC), Minister of Defense Moven 
Mahachi denied that the journalists were abused. Minister Mahachi 
subsequently stated that the military had overreacted in the case of 
the journalists due to anger over the story, which he credibly claimed 
was incorrect. The Minister then reiterated his denial of any 
mistreatment by the military. Chavunduka and Choto sued the military, 
police, Central Intelligence Organization, and several individual 
officers in the Supreme Court, seeking damages for their abuse while in 
custody and challenging the LOMA's constitutionality. At year's end, 
neither the State's case under the LOMA nor the journalists' suit for 
the alleged mistreatment had been concluded.
    On January 20 in Harare, three men, one of whom later was 
identified as a police officer, reportedly assaulted Isodore Zindoga, 
deputy secretary general of the Zimbabwe Confederation of Trade Unions 
(ZCTU). According to Zindoga, the three men beat him unconscious with 
an iron pole when he asked them why they had been following him by car. 
The assault followed confrontations between the ZCTU and the Government 
(see Section 6.a.); in December 1997, the ZCTU's secretary general had 
been beaten unconscious by seven armed men.
    In a televised address to the nation on February 6, President 
Mugabe, in response to a request from Supreme Court justices that he 
reaffirm his commitment to the rule of law, defended the actions of the 
security forces in the case of the Standard journalists and suggested 
that the justices resign (see Section 1.e.).
    Police officials held incommunicado, tortured, and physically 
abused three American members of the Indiana-based Harvestfield 
Ministries that had a mission in the DROC, following their arrest on 
March 7 at Harare International Airport, where officials discovered 
undeclared weapons in their suitcases as they attempted to board a 
flight to Europe. They were taken into custody and charged under the 
LOMA for illegal possession of arms of war and for violating the 
Aircraft Offenses Act. The Government initially accused them in court 
and in the press of espionage and conspiring to commit terrorist acts 
and implied that they had conspired to assassinate President Mugabe, 
but ceased making those charges in July without explanation. The three 
men stated that their jailers applied electric shocks to their 
genitals, beat their feet with leather straps, submerged their heads 
under water, and deprived them of sleep during their first few days of 
interrogation. Reports written by three physicians who examined the 
three men on March 13, 15 and 18 reportedly confirmed that all three 
were beaten on the soles of their feet and their findings were in other 
respects consistent with the abuse alleged by the prisoners. In prison 
the three men were subjected to harsh conditions, including being 
forced to sleep naked and shackled with leg irons, and with the lights 
on 24 hours a day. In response to a court order to improve the 
conditions of their imprisonment (see Section 1.e.), President Mugabe 
issued an executive order stating that prison officials (rather than 
courts) were competent to determine prison conditions (see Section 
1.e.). In September the three were found guilty of violations of 
sections of the LOMA and the Aircraft Offenses Act and were given 
concurrent sentences of 21 months under the LOMA and 6 months under the 
Aircraft Offenses Act. The Attorney General, in state-owned media, 
criticized the court for the leniency of these sentences (see Section 
1.e.). The three men were released and deported in early November, 
after having been incarcerated for 8 months.
    On March 16 and 17, the Chitungwiza police arrested and for the 
following 6 months detained, separately, a married couple, Joyce and 
Shupikai Karimazondo, in response to allegations by a neighbor that 
they had killed their young domestic worker for ritual purposes (see 
Sections 2.c. and 5). Mrs. Karimazondo alleged that she was chained to 
rafters in the roof, subjected to electric shocks to her body, and was 
beaten between her legs by members of the criminal investigations 
division who sought to extract a confession of murder from her. She 
alleged she was beaten further by other officers over 4 days. Another 
person the police claimed had participated in the crime, John Mita, 
also wasarrested, and he, too, alleged that the police assaulted him 
while he was in custody. The Karimazondos and Mita were released, and 
the murder charge was dropped in September after the domestic worker 
was located alive and unharmed. The Magistrate Court declined the 
Karimazondos' defense counsel's application to have the State prosecute 
the investigating officers for misconduct and unlawful detention. Mita 
stated that he was suing the Government for unlawful detention. A local 
organization that treats torture victims, the Amani Trust, is 
investigating these allegations. At year's end, these investigations 
and legal challenges still were proceeding.
    In September Notice Zhakata reportedly died at Norton Hospital of 
physical abuse inflicted by police at the Kadoma police station while 
he was detained there (see Section 1.a.).
    Security forces repeatedly used force to disperse nonviolent 
demonstrations (see Section 2.b.).
    In June, CIO officer Richard Mutswiri Mutiti reportedly filed a 
suit with the High Court alleging that four other CIO officials had 
beaten and kicked him, doused him with a flammable petroleum 
distillate, and threatened to burn him, while detaining him without 
warrant at the Harare Central Police Station from June 25 to June 27, 
1998. A CIO disciplinary committee reportedly had recommended the 
firing of the four officials in 1998, and one reportedly resigned soon 
thereafter, but three reportedly remained employed by the CIO at year's 
end.
    The Government generally has not pursued actively past allegations 
of torture and has not prosecuted CIO or ZRP officers for such abuses. 
The CIO continued to refuse to pay court-ordered damages to a 1990 
torture victim (see Section 1.e.). A consortium of human rights lawyers 
and nongovernmental organizations (NGO's) pursued legal actions in 40 
cases on behalf of persons who alleged that they had been injured by 
state officials during the 1998 food riots (see Section 1.d.). Those 
cases were proceeding through the legal system at year's end.
    In late January, a member of the CIO was sentenced to 8 months' 
imprisonment, half of which was suspended, for assaulting six 
journalists in Masvingo. The CIO member had accused the journalists of 
misrepresenting the security situation in the country.
    Prison conditions remained harsh and have improved little since the 
Catholic Commission for Justice and Peace (CCJP) issued its 1993 report 
describing extreme overcrowding, shortages of clothing, and poor 
sanitary conditions. Overcrowding and poor sanitation aggravated 
outbreaks of cholera, diarrhea, and AIDS-related illnesses. Government 
prison service authorities reviewed overcrowding in prisons during a 
1998 workshop and concluded that exposure to HIV/AIDS was a major cause 
of a large number of deaths in detention; however, no statistics are 
available on the exact number of such deaths, and prison authorities 
called for more research to address this growing problem, with some 
arguing for early release of such terminally ill prisoners. There has 
been a significant increase in the number of women incarcerated, 
primarily due to harsh economic conditions. There are an estimated 
1,000 women in prison, increasingly for crimes of prostitution, 
embezzlement, fraud, petty theft, and abandonment of infants. Many 
incarcerated women are obliged to raise their very young children in 
prison if they have no one to care for them while they are detained. 
The Government has established a successful community service 
sentencing program to try to alleviate prison overcrowding. The Legal 
Resource Foundation, in cooperation with the prison service, has 
established a human rights training program for prison officials. 
Officials who mistreat prisoners are punished routinely.
    The Government permits international human rights monitors to visit 
prisons.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention; however, some laws 
effectively weaken this prohibition and security forces arbitrarily 
arrested and detained persons repeatedly.
    The law requires that police inform an arrested person of the 
charges against him before he is taken into custody. Warrants of arrest 
issued by the courts are required except in cases of serious crimes or 
where there is the risk of evidence disappearing. The Ministry of Home 
Affairs paid $112,500 (Z$4.5 million) in damages for wrongful arrest 
cases in 1996, the last year for which statistics were known.
    Although a preliminary hearing before a magistrate is required 
within 48 hours of an arrest (or 96 hours over a weekend), the law 
often is disregarded if a person does not have legal representation. A 
1992 amendment to the Criminal Procedures and Evidence Act 
substantially reduced the power of magistrates togrant bail without the 
consent of the Attorney General or his agents. However, in practice, a 
circular issued by the Attorney General giving a general authority to 
grant bail has lessened the negative impact of the rule. High Court 
judges grant bail independently.
    Two laws dating from the British colonial era, the Official Secrets 
Act and the LOMA, grant the Government a wide range of legal powers. 
LOMA gives extensive powers to the police, the Minister of Home 
Affairs, and the President to prosecute anyone for political and 
security crimes that are not clearly defined.
    In 1997 the Government proposed new legislation called the Public 
Order and Security Bill (POSB), to replace the LOMA. The original POSB 
was less restrictive than the LOMA only in some respects. During the 
following 2 years, the Parliament significantly amended the POSB to 
reflect the concerns of human rights and legal organizations, which had 
protested the Government's original draft as insufficiently liberal. 
Although even the amended version that the Parliament sent to President 
Mugabe for his signature was similar to the LOMA in including vague 
definitions of political and security crimes, harsh penalties for 
failure to report the acts of others, and restrictions on freedom of 
assembly, speech, and association, President Mugabe declined to sign 
it, and returned it to the Parliament in early June for further 
consultation and possible amendment. Mugabe reportedly wrote to the 
Speaker of Parliament that he refused to sign the POSB because it was 
excessively liberal, especially with respect to freedom of the press 
(see Section 2.a.).
    In January military and civilian police detained and physically 
abused two journalists from The Standard and charged them with 
violating Section 50 of the LOMA (see Sections 1.c. and 2.a.). Two 
separate High Court judges issued orders for the release of the 
journalists in early January, since the military, which originally 
arrested the journalists, has no authority to arrest civilians. The 
military initially refused to release the journalists, claiming defects 
in the service of the court orders, but they were released on bail 
after being arraigned later the same month (see Section 1.e.).
    Police also briefly detained the managing director of The Standard 
in January (see Section 2.a.).
    In February police detained and interrogated four journalists 
associated with an independent weekly newspaper, The Mirror, and 
charged two of them with violating Section 50 of the LOMA, in 
connection with a story published in October 1998 that the Government 
stated was false (see Section 2.a.).
    At year's end, the Government reportedly was holding about 80 
foreigners in Harare Remand Prison who had been there for between 2 
months and 1 year without having been charged formally. Many of these 
detainees reportedly were persons from the DROC claiming to fear 
persecution by the Government of the DROC, which the Government of 
Zimbabwe was supporting militarily against insurgent forces.
    In June a CIO officer filed a suit alleging that other CIO 
officials had detained him without warrant in June 1998 (see Section 
1.c.).
    On July 2, the Zimbabwe Human Rights NGO Forum (a coalition of 
human rights lawyers and NGO's) released a follow-up report to its 1998 
report on the January 19-22, 1998 food riots. The report noted that the 
police claimed that a total of 3,000 persons were arrested during the 3 
days of rioting and 2 days of clean-up. The overwhelming majority of 
those arrested were released within a 2-week period; the Rights Forum 
concluded that 70 percent of those arrested could not be convicted 
because of lack of credible charges or flawed arrests by the police and 
army. Its report also claimed that some persons were victims of uneven 
justice. For example, those arrested first received harsh sentences or 
were in remand without trial. Those arrested later were released 
quickly, as the system was overwhelmed.
    There were no developments in the case of the Reverend Ndabaningi 
Sithole, an opposition M.P. and longtime rival of President Mugabe, was 
convicted and sentenced in December 1997 to 2 years' imprisonment under 
the LOMA for conspiring to assassinate President Mugabe in 1995. 
Sithole was expelled from Parliament following his conviction, which 
was widely viewed as having been based on scant evidence (see Section 
1.e.). In January 1998, Sithole filed an appeal, and the sentencing 
judge called for a pardon. At year's end the appeal still was pending, 
and Sithole remained free on bail.
    Prolonged pretrial detention remained a problem. According to 
government reports, 6,000 prisoners were pretrial detainees. In 1991 
(the last year for which statistics were available), detainees spent an 
average of 6 months incarcerated before their trials because of a 
critical shortage of magistrates and court interpreters.
    The Constitution prohibits exile, and the Government does not use 
exile as a means of political control.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and in practice the judiciary remained largely 
independent; however, the Government sometimes refused to abide by 
judicial decisions. The President suggested that three Supreme Court 
justices resign, after they requested that he require executive branch 
officials to obey court orders.
    The Customary Law and Local Courts Act of 1990 created a unitary 
court system, consisting of headmen's courts, chiefs' courts, 
magistrates' courts, the High Court, and the Supreme Court. With this 
restructuring, civil and customary law cases may be heard at all levels 
of the judiciary, including the Supreme Court.
    Judges are appointed for life and the Constitution provides that 
they can be removed from the bench only for gross misconduct, and that 
they cannot be discharged or transferred for political reasons. 
Magistrates, who are part of the civil service rather than the 
judiciary, hear the vast majority of cases and sometimes are subject to 
political pressure. Military courts deal with disciplinary or court-
martial proceedings. Police courts, which can sentence a police officer 
to confinement to camp or demotion, handle disciplinary and misconduct 
cases. Trials in both these latter courts meet internationally accepted 
standards for fair trials; defendants in these courts have the right to 
appeal to the Supreme Court. All levels of the judiciary often make 
rulings disliked by the Government.
    The Constitution provides for the right to a fair trial, and the 
judiciary rigorously enforces this right. Every defendant has the right 
to a lawyer of his choosing. However, well over 90 percent of 
defendants in magistrates' courts do not have legal representation. In 
criminal cases, an indigent defendant may apply to have the Government 
provide an attorney, but this is rarely done and rarely granted. 
However, in capital cases the Government provides an attorney for all 
defendants unable to afford one. Litigants in civil cases can request 
legal assistance from the NGO Legal Resources Foundation. The 
government-established Citizens Advice Bureau was eliminated due to 
budget constraints in 1997. All litigants are represented in the High 
Court. The Supreme Court has instructed magistrates to ensure that 
unrepresented defendants fully understand their rights and to weigh any 
mitigating circumstances in criminal cases, whether or not the accused 
presents them as part of his defense.
    The right to appeal exists in all cases and is automatic in cases 
in which the death penalty is imposed. Trials are open to the public 
except in certain security cases. Defendants enjoy a presumption of 
innocence and the right to present witnesses and question witnesses 
against them. Defendants and their attorneys generally have access to 
government-held evidence relevant to their cases. The legal system does 
not discriminate against women or minorities. However, some High Court 
judges imposed lenient sentences in some cases of rape and child sexual 
abuse, and local women's and legal organizations challenged these 
decisions.
    In January military officials who illegally had detained a 
newspaper editor failed to comply with two court orders to release the 
journalist (see Sections 1.c., 1.d., and 2.a.).
    In a televised address to the nation on February 6, President 
Mugabe criticized the judiciary for what he asserted to be interference 
in political matters and implicitly threatened the members of the 
judiciary by suggesting that they quit the bench if they wanted to be 
involved in politics. Mugabe accused three Supreme Court judges and one 
High Court judge of ``an outrageous act of deliberate impudence'' for 
speaking against the illegal detention of two journalists (see Sections 
1.d. and 2.a.). The President's comments came after several Supreme and 
High Court judges wrote the President to urge him to reaffirm the rule 
of law following the military's refusal to obey two court orders to 
release journalists from The Standard, who were tortured while in 
custody in January (see Section 1.c.). The justices remained on the 
bench.
    In early July, prison authorities failed to comply with an order 
issued by the Chief Justice of the Supreme Court to bring to court the 
three Americans who were tortured while in custody (see Section 1.c.). 
In September, the Attorney General criticized the judiciary in state-
owned media for what the Government perceived to be a court's excessive 
leniency in sentencing the same three persons. In response the court 
ordered the Attorney General to show why he should not be held in 
contempt of court, and a contempt hearing was held in early October.
    In late July, the President exercised his authority under the 
Presidential Powers Act to issue an executive order stating thatprison 
officials (rather than courts) were competent to determine prison 
conditions. The President's action effectively overrode a court order 
that instructed prison officials to allow the three American prisoners 
who were detained since March 7 to be housed together to enable them to 
prepare a joint defense (see Section 1.c.).
    In November officials of the Ministry of Defense reportedly blocked 
a court official from serving a summons on five military officers in 
connection with the January detention of journalists employed by The 
Standard newspaper (see Sections 1.c., 1.d, and 2.a.).
    The Government continued routinely to delay payment of court costs 
or judgments awarded against it. For example, the CIO continued its 
refusal to pay damages awarded by the High Court to a former opposition 
party official whom CIO agents had tortured in 1990.
    The Government repeatedly has amended the Constitution in response 
to judicial rulings protective of human rights. For example, Amendment 
11 (1992) changed the Constitution to allow corporal punishment of 
minors after the Supreme Court ruled that caning of minors constituted 
cruel and inhuman punishment. Amendment 14 (1996), which denies both 
men and women the right to confer automatic residency on their foreign 
spouses, was passed in response to a 1994 Supreme Court ruling 
declaring that women should have the same rights as men to confer 
residency and citizenship on their spouses (see Section 2.d.). 
Amendments to the Constitution are not ratified by the public but are 
subject only to the ZANU-PF-dominated Parliament's approval.
    There were no reports of political prisoners.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits arbitrary interference with 
these rights; however, while Government authorities generally respect 
citizens' right to privacy and violations are subject to legal 
sanction, the Government sometimes monitors private correspondence and 
telephones, particularly international communications.
    Human rights groups are concerned that Amendment 14 erodes these 
constitutional rights by repealing Section 11 of the Constitution which 
specifies protection for the right to the privacy of one's home and 
from the compulsory acquisition of property without compensation.
    About one-third of the country's most productive land is owned and 
farmed by about 4,000 families belonging to the country's European 
ethnic minority. The need for land reform is accepted almost 
universally; however, there are problems with implementation of the 
1992 Land Acquisition Act (Land Act). Under the Land Act, farmers whose 
lands have been designated for acquisition and redistribution by the 
State may appeal only the amount of compensation, not the initial 
decision to acquire their farms. However, President Mugabe repeatedly 
has said that the Government would not compensate for land, but only 
for improvements, a position not sustainable under the act. Although 
the President reversed that position during the Government's September 
1998 land conference for international donors when government ministers 
promised to abide by the act, Mugabe publicly stated in December that 
the Government intended to accelerate its land reform efforts without 
paying compensation for land. In the past, the act was implemented 
largely along racial lines; the Government stated that black-owned 
commercial farms would not be subject to acquisition. However, some of 
the original 1,461 farms designated in November 1997 for compulsory 
land acquisition, many of which remain on the revised list, are owned 
by the black, urban elite. In some cases, land apparently was targeted 
for acquisition to achieve political goals.
    During the year, the Government did not expropriate any of the 841 
farms designated for acquisition under the land reform program. In 
February the Administrative Court annulled the acquisition orders for 
520 of these 841 farms, ruling that the Government had failed to follow 
proper administrative procedures for filing second acquisition notices 
on the properties in November 1998. (The Government filed its first 
acquisition notices in November 1997 and was required to renew the 
notices after 12 months.) The court also ruled that the Government must 
designate individual farms for acquisition and provide fair and full 
compensation for each. After the court rulings, the Government 
initially turned its attention away from the compulsory acquisition of 
the 841 farms, focusing instead on 120 farms already being offered 
willingly for sale by the owners. However, in December President Mugabe 
publicly reaffirmed his intention to expropriate farmland from 
Europeans without compensating them, and urged adoption of a draft 
constitution that provided for such acquisitions for resettlement 
purposes.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression but allows for legislation to limit this freedom 
in the ``interest of defense, public safety, public order, state 
economic interests, public morality, and public health,'' and the 
Government restricted this right in practice.
    The Government and security forces arbitrarily detained 
journalists, disobeyed court orders to release journalists, refused to 
punish security force members who tortured journalists, and monopolized 
domestic broadcast media. The President publicly criticized the 
independent press and vetoed a bill passed by the Parliament that would 
have removed some legal restrictions on press freedom, and government 
ministers threatened to enact laws that would restrict media freedom 
still further. Journalists practice self-censorship.
    Sections 44 and 50 of the LOMA criminalize and allow the Government 
to suppress the publication of any ``subversive'' statement or of ``a 
false story capable of causing alarm and despondency.'' An extremely 
broad Official Secrets Act makes it a crime to divulge any information 
acquired in the course of official duties. In addition, antidefamation 
laws criminalize libel of both public and private persons alike.
    Most major print media (seven English-language newspapers and one 
local-language tabloid) belong to the Mass Media Trust (MMT), a holding 
company heavily influenced by the ruling party. Until April the 
Government, through the MMT, controlled the only two daily newspapers, 
the Chronicle and the Herald. The news coverage in these newspapers 
generally focused on the activities of government officials, neglected 
opposition parties and other antigovernment groups, and also neglected 
events or information that reflected adversely on the Government. The 
government-controlled media never criticized President Mugabe. In 
addition, the Ministry of Information controls the Zimbabwe Inter-
Africa News Agency wire service.
    The independent press remained small relative to the MMT-owned 
press. Independent newspapers that appeared regularly and had more than 
3,000 subscribers were relatively few: one daily (The Daily News), 
three weeklies (The Financial Gazette, the Independent, and The 
Standard), and three monthlies. In 1998 a new privately owned 
consortium, Associated Newspapers of Zimbabwe (ANZ), which was 60 
percent foreign-owned in 1998 but only 40 percent foreign-owned by 
year's end, launched five weeklies tailored to community-level 
readership. Three of the ANZ weekly newspapers have closed due to 
financial problems arising from limited advertising revenue; two 
remained open at year's end. In April the ANZ launched the country's 
first independent daily newspaper, The Daily News. The major 
independent newspapers continued to monitor government policies and 
open their pages to opposition critics, but most of them also continued 
to exercise some self-censorship in reporting due to growing government 
intimidation of the press and the continuing prospect of prosecution 
under criminal libel laws.
    The Government increasingly tolerated private media criticism of 
official corruption, as a number of widely publicized reports on 
malfeasance in government parastatals and ministries, notably the 
National Oil Company of Zimbabwe, appeared in both independent and MMT-
owned newspapers. The Government did not prosecute any journalists or 
newspapers in connection with these reports; in past years, government 
prosecutions for criminal libel in connection with reporting of 
government corruption had resulted in the closure of some newspapers.
    However, in other respects the Government was increasingly 
intolerant of freedom of the press, including reports perceived to be 
critical of the military.
    Between January 12 and January 21, military and civilian police 
detained, tortured, beat, and otherwise abused two journalists for The 
Standard, Mark Chavunduka and Ray Choto, who reported in a story 
published by the Standard on January 10 that 23 army officers were 
arrested in connection with an attempted military coup. Both 
journalists stated that this mistreatment occurred in the context of 
prolonged interrogation about their sources for the report. Military 
and police officials refused repeatedly to comply with court orders to 
release one of these journalists (see Section 1.e.). On January 19, the 
Government charged the two journalists under Section 50 of the LOMA 
with ``publishing a false story capable of causing alarm or 
despondency.'' The two journalists subsequently filed suit against 
members of the security forces for damages to compensate them for the 
torture and illegal detention, and challenged the constitutionality of 
the LOMA (see Sections 1.c. and 1.d.). At year's end the two 
journalists remained free on bail; their court cases were still 
pending.
    On January 22, a Friday, police arrested and detained Clive Wilson, 
managing director of The Standard. He was interrogated over the weekend 
in connection with The Standard's January 10 coup story and then 
released.
    On January 20, in Masvingo in the southern region of the country, 
CIO officers reportedly beat several journalists working for two 
independent newspapers, The Zimbabwe Mirror and The Tribune, including 
Tribune subeditor Ray Matikinye; the officers reportedly criticized the 
journalists for publishing antigovernment stories while beating them.
    On February 6, in a televised address to the nation, President 
Mugabe suggested that three Supreme Court justices resign; in the wake 
of the illegal detention and torture of The Standard journalists, the 
three justices had requested that the President reaffirm his 
Government's commitment to the rule of law by requiring executive 
branch officials to obey court orders (see Section 1.e.). In the same 
address, Mugabe criticized and threatened to take ``very stern 
measures'' against the independent media, singling out in particular 
domestic media owned by members of the country's European ethnic 
minority and by white foreigners. During the days following the 
President's address, MMT-owned newspapers and state-owned broadcast 
media repeatedly featured editorials and opinion pieces criticizing 
``white-owned'' or ``white-controlled'' media, which were characterized 
as opposing the Government's land reform program and as seeking to 
destabilize the Government (see Sections 1.f. and 5). During an 
interview broadcast by state-owned television on February 15, Defense 
Minister Moven Mahachi criticized media reporting that caused ``general 
despondency'' and ``bad publicity,'' and stated that unless the media 
exercised greater self-censorship, ``the Minister of Information will 
enable the Government to bar some private media organizations from 
operating in Zimbabwe.'' This threat generally was understood to be 
directed at the ANZ.
    On February 7, the chief of the Law and Order Section of the police 
detained four journalists affiliated with The Mirror, an independent 
weekly newspaper: owner Ibbo Mandaza; managing editor Fernando 
Goncalves; reporter Grace Kwinjeh; and former editor Farai Mungazi, in 
connection with a story, published in November 1998, which reported 
that the army surreptitiously had repatriated and buried the headless 
body of a soldier killed in the DROC. The police released Goncalves and 
Mungazi after brief questioning but charged Mandaza and Kwinjeh with 
violating Section 50 of the LOMA; a court released Mandaza and Kwinjeh 
on bail on Feburary 9. The Government subsequently dropped the charges 
against Mandaza and Kwinjeh.
    In February in Harare an army sergeant based at Cranborne Barracks, 
where The Standard journalist Chavunduka was tortured in February, 
reportedly seized from a street vendor and publicly burned 16 copies of 
The Standard; the sergeant also reportedly threatened to kill the 
vendor if he continued to sell the newspaper. The lead story in the 
burned issue concerned the construction of a new mansion for President 
Mugabe. In late February, a police spokesperson stated that the police 
would charge the sergeant with malicious injury to property.
    In June President Mugabe declined to sign and thereby effectively 
vetoed a bill (the POSB) passed by Parliament that the Government 
originally had proposed in 1997 to replace the LOMA, but which the 
Parliament had amended to relax various restrictions on human rights, 
including freedom of the press. Mugabe reportedly wrote to the Speaker 
of Parliament that he refused to sign the POSB because it was 
excessively liberal, especially with respect to freedom of the press 
(see Section 1.d.).
    In November two journalists working for independent newspapers, 
Basildon Peta of the Financial Gazette and Ray Choto of The Standard, 
reportedly received anonymous death threats. A written death threat 
reportedly was delivered to Choto's home attached to a teddy bear that 
had two bullets tied on its neck. Peta reportedly received a written 
death threat with three bullets.
    Books and films are subject to review by the Zimbabwe Board of 
Censors.
    Radio remained the most important medium of public communication, 
especially for the majority of the population living in rural areas. 
The Government continued to control all domestic radio broadcasting 
stations through the state-owned Zimbabwe Broadcasting Corporation 
(ZBC), supervised by the Ministry of Information. There were credible 
reports that the Ministry routinely reviewed ZBC news and repeatedly 
excised reports on the activities of groups and organizations opposed 
to or critical of the Government, including antigovernment 
demonstrations and the ZCTU. In December the ZBC, reportedly at the 
order of the Ministry, stopped broadcasting a popular phone-in talk 
show in which citizens increasingly had voiced criticism of the 
Government.
    The Government appeared effectively to control, although the State 
no longer owned, all domestic television broadcasting stations. The 
ZBC, under the supervision of the Ministry of Information, owns and 
operates television broadcasting facilities. Following a Supreme Court 
ruling that the Government's monopoly on telecommunications was 
unconstitutional because it interfered with the right to freedom of 
expression, the Government for the first time granted a broadcasting 
license to private television station, Joy Television (Joy TV). 
However, President Mugabe's nephew, Leo Mugabe, reportedly has 
financial ties to Joy TV, and the ZBC reportedly exercises editorial 
control over Joy TV's programming. Joy TV remained the only privately 
licensed television station, and it remained restricted to broadcasting 
on an available channel leased from the ZBC; creation of an independent 
transmission facility remained restricted under the Broadcasting Act. 
However, international television broadcasts were available freely 
through private cable and satellite firms.
    The Government does not restrict access to the Internet. During the 
year, there were many privately owned domestic Internet service 
providers.
    The National Constitutional Assembly (NCA) accused the government-
influenced newspaper The Herald and the ZBC of refusing to publish 
previously accepted advertising from the NCA about its proposed 
constitutional process because of government orders to ban the NCA from 
disseminating its alternative message on the constitutional process. 
After the NCA threatened a court challenge, advertisements resumed in 
the government-influenced media, but then ceased again without 
explanation.
    The University of Zimbabwe (UZ) Amendment Act and the National 
Council for Higher Education Act curtail academic freedom by 
restricting the independence of universities, making them subject to 
government influence, and extending the disciplinary powers of the 
university authorities against staff and students. The Ministry of 
Higher Education and Technology controls the UZ and appoints its 
Chancellor and Vice Chancellors; since 1998 the Ministry also has 
appointed the Dean of Faculty, previously elected by the faculty, and 
most members of the University Council, which previously consisted 
largely of faculty members. The 1998 expansion of the Government's 
control of the UZ, which had been a subject of student protests in 
1998, was cited as a subject of concern to the faculty in a 
parliamentary committee report in June.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of assembly; however, the Government resticted 
this right in practice. The Government used laws that restrict this 
right, including the LOMA, enforced those restrictions, and repeatedly 
used force to break up nonviolent demonstrations by its critics. 
Permits are not required for meetings or demonstrations.
    On February 8, riot police reportedly used tear gas to disperse an 
assembly of striking catering industry workers in Harare's tourist 
hotel district (see Section 6.a.). Police maintained that the striking 
caterers had tried to use force against nonstriking caterers at a 
nearby hotel; strikers maintained that the police had gassed them 
without any provocation.
    On February 10, near the UZ campus in Harare, police used tear gas 
to break up a demonstration by UZ students who voiced both financial 
and political grievances.
    On July 12 and 13, riot police used force to disperse 
demonstrations at sites in Harare, including ZANU-PF headquarters and 
the President's official residence, by an estimated 2,000 veterans and 
wives of veterans of the ZANU-PF and other guerrilla forces that had 
fought against Ian Smith's white settler regime during the 1970's, and 
some persons who had suffered prolonged detention or imprisonment by 
that regime. The veterans and former detainees were demanding financial 
benefits and an audience with the President. Riot police reportedly 
used tear gas, used their batons to beat many veterans and their wives 
including elderly persons, and made at least 14 arrests.
    During the night of September 10-11, unknown persons disrupted a 
mass rally to launch a new labor-based opposition party at Harare's 
Rufaro Stadium by damaging most of the stadium's electrical power 
transformers; although event organizers restored power for loudspeakers 
and lights by bringing in generators, the start of the meeting was 
delayed by 2 hours.
    On October 26, riot police used tear gas to prevent some 3,000 
demonstrating UZ students from marching to the city center. The 
demonstration reportedly became violent after the police obstructed its 
march.
    On December 11, riot police in Harare repeatedly used force, 
including tear gas and baton beatings, to disperse nonviolent 
demonstrations organized by the National Constitutional Assembly(NCA), 
a coalition of NGO's and political parties, to protest the Government's 
domination and diversion of a constitutional reform process that the 
NCA had initiated (see Section 3). The demonstrators whom police gassed 
and beat reportedly included women and clergy.
    The Constitution provides for freedom of association for political 
and nonpolitical organizations, including a broad spectrum of economic, 
social, and professional groups, and the Government generally respects 
this right in practice. The formation of unions and political parties 
is not restricted. Organizations generally are free of governmental 
interference as long as their activities are viewed as nonpolitical.
    In a case brought by a women's NGO, the Supreme Court ruled 
unconstitutional those sections of the 1995 Private Voluntary 
Organizations Act, which had empowered the Minister of Social Welfare, 
Labor, and Public Service to suspend the executive body or ``any member 
of the executive committee of an organization and to appoint persons to 
manage the affairs of the organization for a specified time.'' Prior to 
the Supreme Court's ruling, several new NGO's set up their 
organizations as ``associations'' connected with established NGO's so 
that their executive bodies would not be subject to government 
interference.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice; 
however, a law that reportedly criminalizes both purporting to practice 
witchcraft and accusing persons of practicing witchcraft reportedly was 
viewed as restrictive by some practitioners of indigenous religions.
    Although 60 percent of the population are at least nominally 
Christian, many persons continue to practice, in varying degrees, 
traditional indigenous religions. Belief in traditional healers 
reportedly spans both rural and urban areas. Traditional healers are so 
common that they are licensed and regulated. Healing is central to 
traditional indigenous religion in the country. Witchcraft--widely 
understood to encompass attempts to harm others not only by magic but 
also by covert means of established efficacy such as poisons--
traditionally has been a common explanation for diseases of which the 
causes were unknown. Although traditional indigenous religions 
generally include or accommodate belief in the efficacy of witchcraft, 
they generally approve of harmful witchcraft only for defensive or 
retaliatory purposes and purport to offer protection against it. In 
recent years, interest in healing through traditional religion and 
through prayer reportedly has increased as HIV/AIDS has infected an 
estimated one-quarter of the adult population, and affordable science-
based medicines effective in treating HIV/AIDS have remained 
unavailable.
    The 1890 Witchcraft Suppression Act (WSA) reportedly criminalizes 
purporting to practice witchcraft, accusing persons of practicing 
witchcraft, hunting witches, and soliciting persons to name witches; 
penalties reportedly include imprisonment for as much as 7 years. The 
law reportedly defines witchcraft as the practice of sorcery, without 
reference to the consequences intended by the practitioner. Since 1997 
the Zimbabwe National African Traditional Healers' Association 
(ZINATHA) has proposed amendments to the 1890 law that would redefine 
witchcraft in terms of intent to cause harm including illness, injury, 
or death. However, such legislation reportedly has been opposed by 
mainstream Christian churches. The existing WSA also generally was 
supported by human rights groups; the Act has been used since 
independence primarily to protect people, primarily women, who have 
been accused falsely of causing harm to people or crops in rural areas 
where traditional religious practices are strong.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights; however, there were reports that the Government at times failed 
to respect them in practice.
    In February the Government refused to allow two journalists who 
were tortured by security forces, and who were charged with violations 
of the LOMA, to travel abroad for medical treatment (see Section 2.a.). 
The Government confiscated the passports of the journalists. However, 
in early March, a court ruled that the Government had to return the 
journalists' passports and allow them to travel overseas. The 
Government complied with this order.
    The Government cooperates with the office of the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting refugees. The Government provides first asylum. According 
to the Government, 130 asylum seekers were given refugee status, and at 
least 5 persons were denied first asylum during the year. At year's 
end, there were reportedly 1,492 refugees in Zimbabwe from more than 20 
countries; the largest groups consisted of 244 Rwandans, 228 
Burundians, 213 Somalis, 169 Sudanese, 160 Congolese (DROC), and 139 
Angolans.
    There were no confirmed reports of the forced expulsion of persons 
having a valid claim to refugee status.
    There was a press report that the Government arrested refugees from 
the DROC and arbitrarily subjected them to prolonged detention in a 
prison (see Section 2.d.).
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Although citizens have the legal right to change their Government 
democratically, in practice the political process continued to be 
tilted heavily in favor of President Mugabe and his ZANU-PF party, 
which have ruled continuously since independence in 1980. The ruling 
party's candidates benefit from its control of the state-owned firms 
that dominate the country's economy, from its control of the state-
monopolized broadcast media (see Section 2.a.), and from its near-
monopoly on overt state grants for political campaigns. In 1998 the 
Supreme Court ruled unconstitutional provisions of the Political 
Parties Finance Act (PPFA) that allocated state grants among political 
parties in proportion to the parties' seats already in the Parliament. 
In response the Government, later in 1998, amended the PPFA to allocate 
campaign grants among parties in proportion to votes received in the 
last general election, with a minimum of 5 percent required. There also 
were credible reports of security force harassment of opposition and 
independent candidates and their supporters.
    On January 25, the Government announced in The Herald that the 
State, by far the country's largest employer, henceforth would hire new 
employees only if they were members of the ZANU-PF ruling party. By 
February there were reports that the Government had begun requiring 
newly hired civil servants to swear oaths of loyalty to the ZANU-PF.
    The 15 constitutional amendments since 1980 have increased greatly 
Mugabe's power relative to the legislature. Originally a prime minister 
elected by the Parliament, he has become a directly elected president. 
Constitutional Amendment 9 authorizes the President to declare 
unilaterally a state of public emergency for a period of up to 14 days. 
Amendment 10 grants the President sole power to dissolve Parliament and 
to appoint or remove a vice president and any minister or deputy 
minister. Amendment 10 also allowed the President to appoint 20 of the 
150 Members of Parliament (M.P.'s), including 12 nonconstituency M.P.'s 
and 8 cabinet members who sit in Parliament. The President also exerts 
great influence on the process by which the country's chiefs 
(traditional rulers) select 10 of their number to sit as M.P.'s. All 30 
of these M.P.'s have consistently been ZANU-PF members. President 
Mugabe won reelection in March 1996, receiving 93 percent of votes cast 
in an election in which less than one-third of eligible persons voted; 
his two main opponents withdrew from the race, alleging intimidation 
and harassment of their supporters. The opposition's lack of access to 
state-monopolized broadcast media and to state campaign subsidies 
strongly biased the contest in favor of the incumbent, although the 
election-day voting and subsequent vote tabulation were considered 
generally free and fair by hundreds of NGO monitors.
    In the 1995 parliamentary general elections, the ZANU-PF captured 
117 of the 120 popularly elected seats. Although the legislature 
remained generally subordinate to the executive branch, it has shown 
some independence in some respects during the past 2 years. For example 
it liberalized the PSOB legislation that the Government had introduced 
in 1998 to replace the LOMA, with the result that the President, in 
July, refused for the first time to sign legislation passed by the 
Parliament (see Sections 1.d. and 2.a.). In February the Legal 
Committee of the Parliament unanimously declared illegal a ban on 
nationwide strikes and other mass actions that President Mugabe had 
declared in November (see Section 6.a.). In 1998, following more than a 
year of nationwide consultations, a Parliamentary Reform Committee 
released a report that recommended that the Parliament be given greater 
powers relative to the presidency, including increased legislative 
oversight of the executive branch. Although the executive branch did 
not act on the committee's recommendations, the Parliament proceeded 
with those recommendations that were within its power to carry out.
    Since late 1997, an independent group of approximately 40 NGO's, 
labor unions, and political parties known as the National 
Constitutional Association (NCA) has advocated the creation of a new 
constitution that would reduce the power of the presidency and offer 
greater protection for civil liberties. In May the President 
established the Constitutional Commission (CC), whose 400 members he 
appointed, to review the current Constitution and prepare a new draft 
to be submitted to a national referendum in January 2000. CC 
commissioners held meetings at venues throughout the country, surveying 
citizens and recording their opinions on what provisions a new 
constitution should contain. However, the NCA was openly critical of 
the CC, asserting that itwas a government-controlled entity whose 
product would not reflect the will of the populace. The NCA also 
conducted town meetings and workshops around the country as part of its 
public awareness campaign on constitutional reform. On December 11, the 
CC released a draft constitution that would maintain a strong 
presidency and might reduce the independence of the judiciary, although 
it would increase Parliamentary oversight of the executive. A minority 
of the commissioners publicly protested that the draft constitution did 
not reflect the expressed views of the populace. In December the NCA 
organized demonstrations against the Government's cooptation of the 
constitutional reform process and encouraged citizens to vote against 
the CC's draft constitution at the national referendum in 2000 (see 
Section 2.b.).
    In September, 6 months before the next scheduled parliamentary 
elections, the ZCTU labor federation launched a new political party, 
the Movement for Democratic Change (MDC), intended to be a broadly 
based opposition party capable of overcoming the poor organization and 
factionalism from which opposition parties previously had suffered. 
Unknown persons disrupted the founding convention of the MDC by 
damaging electrical facilities at the meeting site, a stadium in Harare 
(see Section 2.b.).
    There are institutional problems with the management and 
supervision of elections. Although the Ministry of Justice technically 
administers the Electoral Act, the Registrar General's Office falls 
under the Ministry of Home Affairs. With a meager budget and a tiny 
staff seconded from the Ministry of Justice, the Electoral Supervisory 
Commission (ESC) lacks the institutional capacity to oversee all of the 
country's polling stations. Commissioners also lack authority to order 
that an irregularity be corrected. Despite an attempt to computerize 
the voters' roll, it contains a very large number of redundancies or 
errors, including misspellings, multiple entries, and names of deceased 
persons. Few opposition candidates contested the 1998 rural district 
council elections. During the year, voter turnout for the rural and 
urban council elections in September was minimal and courts ordered 
that voting be postponed in pro-opposition areas due to irregularities 
in the voter rolls. Independent NGO election observers reported 
widespread fraud and intimidation in those elections where independents 
challenged ZANU-PF candidates. The ESC, chaired by Bishop Peter 
Hatendi, refused to supervise or monitor the September elections, 
citing the Registrar General's failure to provide the ESC with a 
complete list of polling stations or the report on the nomination 
courts that ruled on the eligibility of candidates.
    Women are underrepresented in government and politics. Twenty of 
the 150 M.P.s are women, including the deputy speaker of the 
Parliament. Three cabinet ministers with portfolios, three ministers of 
state, and three deputy ministers are women. Women participate in 
politics without legal restriction; however, according to local women's 
groups, husbands--particularly in rural areas--commonly direct their 
wives to vote for the husband's preferred candidates.
    All major ethnic groups are represented in Parliament and in the 
Government. However, most members of the Government and the Parliament, 
as well as most ZANU-PF officials, are affiliated with the Shona ethnic 
group, which makes up a majority of the population (see Section 5).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Although the Government permits local civic and human rights groups 
to operate, it monitors their activities closely, in particular those 
of the CCJP and Zimbabwe Human Rights Association (ZIMRIGHTS). Other 
groups that promote human rights include the Legal Resources 
Foundation, Zimbabwe Lawyers for Human Rights, the Bulawayo Legal 
Projects Centre (BLPC), the National Constitutional Assembly, the 
Southern African Foundation of the Disabled, the Child and the Law 
Project, the Musasa Project, the Zimbabwe Women Lawyers Association, 
the Association of Zimbabwe Journalists, the Women's Action Group, 
Women and Law in Southern Africa, Women in Law and Development in 
Africa, Zimbabwe Women's Resource Centre and Network, Women and AIDS 
Support Network, and the Human Rights Research and Documentation Trust 
of Southern Africa. These NGO's worked on human rights and democracy 
issues including lobbying for revision of the Public Order and Security 
Bill, increasing poor women's access to the courts, raising awareness 
of the abuse of children, eliminating irregularities in voter rolls, 
preserving the independence of the judiciary, and eliminating torture, 
arbitrary detention and restrictions on freedom of the press and 
assembly. The Foundation for Democracy in Zimbabwe (FODEZI) was 
established in July 1997 as a watchdog organization to support 
independent candidates. Amnesty International, Transparency 
International, and the International Committee of the Red Cross operate 
in the country. The Government generally does not discourage 
representatives of international human rights groups from visiting the 
country.
    In his February 6 television address to the nation, President 
Mugabe criticized human rights organizations and monnitors generally in 
connection with their criticism of the torture of journalists by 
security forces and the Government's refusal to obey court orders to 
release those journalists (see Sections 1.e., 2.a. and 5). In 
particular, Mugabe named and criticized Michael Auret, director of the 
CCJP, and David Coltart, former director of the BLPC, both members of 
the country's European ethnic minority. Mugabe suggested that they were 
part of an international conspiracy by ``whites'' to undermine land 
reform in Zimbabwe.
    On September 11, the same day that the ZCTU launched a new 
opposition political party, the Minister of Information publicly called 
for the deportation of Georg Lemke, director of the Danish Trade Union 
Council for International Development Cooperation, which had provided 
technical and financial assistance to the ZCTU. The Minister alleged 
that the Council was meddling in the country's internal politics. In 
October the Government induced the Council to recall Lemke to Denmark 
by threatening to deport him and close the Council's projects in the 
country (see Sections 3 and 6.a.)
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides that ``every person in Zimbabwe'' is 
entitled to fundamental rights whatever his race, tribe, place of 
origin, political opinions, color, creed, or sex; however, domestic 
violence and discrimination against women, abuse of children, and 
discrimination against the disabled remained problems. There were 
increasing reports of ritual murders associated with traditional 
religious practices. The President and his Government exacerbated 
widespread resentment of the economically prominent European ethnic 
minority.
    Women.--Domestic violence against women, especially wife beating, 
is common and crosses all racial and economic lines. It extends 
throughout the country and at times results in death. According to 
Women in Law and Development in Africa (WILDAF), domestic violence 
accounted for more than 60 percent of murder cases tried in the Harare 
High Court in 1998. The Musasa Project, a women's rights organization, 
established the country's first shelter for victims of domestic 
violence in Harare in 1997. Musasa is attempting to establish a second 
shelter in Bulawayo for victims of domestic violence in that area. The 
Musasa Project provided services to almost 3,000 clients at its Harare 
office in 1998, half of whom were female victims of domestic violence; 
39 percent of those who were assisted were minors, victims of child 
abuse. The Musasa Project reports that 54 percent of the women 
counseled for domestic violence have sexually transmitted diseases, 
including many with HIV/AIDS. The media increasingly reported incidents 
of rape, incest, and sexual abuse of women.
    There has been a significant increase in the number of reported 
rape cases countrywide; most cases involved victims who were minors and 
family member abusers. Women face many obstacles in filing reports of 
rape. Many police stations are not prepared to handle properly the 
investigation of such cases. In addition, women are reluctant to file 
reports because of the social stigma of rape. Women's groups believe 
the actual number of rapes is underreported greatly. When cases go to 
court, lengthy sentences for rape and wife beating generally are 
imposed. A ``binding over'' order (an order to appear in court to 
respond to an accusation of violent behavior) is issued based only on 
actual physical abuse and not on threats of violence. Courts also do 
not have the power to oust an abusive spouse from a matrimonial home. 
Systematic problems and lack of education often mean that police do not 
respond to women's reports or requests for assistance.
    Since independence the Government has enacted major laws aimed at 
enhancing women's rights and countering certain traditional practices 
that discriminate against women. However, women remain disadvantaged in 
society. Illiteracy, economic dependency, and prevailing social norms 
prevent rural women in particular from combating societal 
discrimination. The literacy rate for women over the age of 15 is 
estimated to be 80 percent while the male rate is about 90 percent. The 
1998 U.N. Development Program's Human Development Report noted that in 
most regions of the country, fewer girls than boys attend secondary 
schools. Despite legal prohibitions, women still are vulnerable to 
entrenched customary practices, including the practice of pledging a 
young woman to marriage with a partner not of her choosing; the custom 
of forcing a widow to marry her late husband's brother; and the custom 
of offering a young girl as compensatory payment in interfamily 
disputes.
    The Legal Age of Majority Act (LAMA) and the Matrimonial Causes Act 
recognize women's right to own property independently of their husbands 
or fathers. While unmarried women may ownproperty in their own names, 
women married under customary law are not allowed to own property 
jointly with their husbands. During the September land conference, 
women's rights organizations effectively lobbied the Government to 
agree to create legislation giving married women joint spousal title to 
property offered under the resettlement program; however, no such 
legislation had been enacted by year's end.
    In August 1998, the Government denied a petition by women's groups 
that one-third of land redistributed under the land reform program (see 
Section 1.f.) be distributed to households headed by women, which 
reportedly make up one-third of all rural households. At a press 
conference, Joseph Msika, Minister Without Portfolio in charge of 
resettlement, reportedly stated, ``I would have my head cut off if I 
gave women land.''
    The Administration of Estates Amendment Act, which came into effect 
in October 1997, removed inheritance laws unfavorable to widows. 
Women's groups regard the act as a major step toward ending the unfair 
and unequal distribution of inherited assets for women. The President 
signed the new Inheritance Amendment into law. However, in February the 
Supreme Court upheld a magistrate court decision that, under customary 
ethnic law, a man's claim to family inheritance takes precedence over a 
woman's, regardless of the woman's age or seniority in the family; the 
Court cited Section 23 of the Constitution, which allows discrimination 
against women under customary law. Divorce and maintenance laws are 
favorable to women, but women generally lack awareness of their rights 
under the law.
    Many rural women, including 150 in 1997, reportedly commit suicide 
at harvest time after their husbands squander income from cash crops.
    Research conducted by the Training and Research Support Centre (a 
Harare-based NGO) revealed that one in three working women at all 
levels were subjected to sexual harassment in the workplace, as defined 
by Zimbabwean legal experts. The October 1996 to February 1997 study 
was based on questionnaires from 528 working women.
    Although labor legislation prohibits discrimination in employment 
on the basis of gender, women are concentrated in the lower echelons of 
the work force and commonly face sexual harassment in the workplace.
    Several active women's rights groups, including WILDAF, the Musasa 
Project, the Zimbabwe Women Lawyers' Association, the Women's Action 
Group, and the Zimbabwe Women's Resource Center and Network concentrate 
on improving women's knowledge of their legal rights, increasing their 
economic power, and combating domestic violence. Groups that focus on 
the issues of protection of women against domestic violence and sexual 
transmission of HIV/AIDS included the Women and AIDS Support Network 
and Musasa Project. There is a gender affairs office in the Office of 
the President headed by Minister of State Oppah Rushesha.
    In August the ZANU-PF Women's League voted out leaders associated 
with President Mugabe. In November the Women's League threatened to 
boycott the ruling party's national congress in December unless League 
members were allowed to elect a woman to hold at least one of the four 
top positions in the party. In December the ZANU-PF congress decided 
that women would be allotted one out of every three party positions; 
this decision had not been implemented at year's end.
    Children.--The Government continued to demonstrate its strong 
commitment to children's rights and welfare through a system of primary 
health care and education overseen by the Ministry of Health and Child 
Welfare. While there is no compulsory education, the country has made 
considerable progress in providing education for girls, and overall 
primary school attendance has increased by more than 4,000 percent 
since independence. However, budget cuts and the lack of adequate 
attention to AIDS prevention are eroding the Government's capacity to 
address children's needs in these areas. International experts 
estimated that HIV/AIDS infects one-fourth of the adult population and 
has killed nearly 600,000 persons since the late 1980's, thereby 
tripling the mortality rate, reducing life expectancy from 61 to 49 
years, and creating hundreds of thousands of orphans. From a small 
number in 1990, there were an estimated 150,000 orphans in 1995, 
growing to a projected 543,000 in 2000 and 918,000 in 2005. This 
rapidly growing problem is expected to put a tremendous strain on both 
formal and traditional social systems. At the household level, there is 
an increased burden on the extended family, which has traditional 
responsibility for caring for orphans. Many grandparents are left to 
care for the young, and in some cases children or adolescents are 
heading families. At the provincial and national levels, the 
governments are saddled with increasing demands for community orphan 
projects, orphanages, health care, and school fees. The number of 
street children, with the relatedproblems of theft, street violence, 
drug use, and violent death, is increasing.
    The Children's Protection and Adoption Act, the Guardianship of 
Minors Act, and the Deceased Person's Maintenance Act protect the legal 
rights of minor children, but school attendance is not compulsory at 
any level. About 93 percent of children reached grade 5. However, with 
the reintroduction of school fees in urban schools and rural secondary 
schools, enrollment has declined. If a family is unable to pay tuition 
costs, it is most often female children who leave school.
    There are an estimated 12,000 homeless street children in the 
country, many of them the children of former Mozambican refugees or 
AIDS orphans. The number of incidents of child abuse, including incest 
(long a taboo), infanticide, child abandonment, and rape is increasing. 
It is not known whether the statistics reflect the fact that more cases 
are occurring or only that more are being reported. There are reports 
of child labor (see Section 6.d.). The Ministry of Justice's Vulnerable 
Witnesses Committee established victim-friendly courts (VFC) in 1997 to 
improve the judicial system's handling of child victims of rape and 
sexual abuse. According to the Musasa Project, 39 percent of the 3,000 
persons whom it assisted at its Harare office in 1998 were victims of 
child abuse. There was a large volume of rape cases in the Harare VFC, 
which led to calls by children's rights' advocates to establish 
additional courts in surrounding areas. The criminal justice system has 
special provisions for dealing with juvenile offenders.
    Female genital mutilation (FGM), which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, rarely is performed in Zimbabwe. However, 
according to press reports, the initiation rites practiced by the small 
Remba ethnic group in Midlands Province include infibulation, the most 
extreme form of FGM.
    Indigenous African churches that combine elements of established 
Christian beliefs with some beliefs based on traditional African 
culture and religion generally accept and promote polygyny and the 
marriage of girls at young ages; they also generally approve of healing 
only through prayer and oppose science-based medicine including the 
vaccination of children.
    There were increasingly frequent reports that children were killed 
for body parts by persons practicing healing rituals associated with 
traditional religions. Body parts from children reportedly were 
considered the most efficacious for some such purposes.
    People with Disabilities.--President Mugabe appointed a disability 
activist to Parliament in 1995 to represent the needs of the disabled. 
The Disabled Persons Act of 1992 specifically prohibits discrimination 
against people with disabilities in employment, admission to public 
places, or provision of services and is viewed by advocates of the 
disabled as model legislation. However, in practice, the lack of 
resources for training and education severely hampers the ability of 
disabled people to compete for scarce jobs. Although the act stipulates 
that government buildings should be accessible to disabled persons, for 
budgetary reasons this rarely is implemented. Disabled people face 
particularly harsh customary discrimination. According to traditional 
belief, people with disabilities are considered bewitched, and reports 
of disabled children being hidden when visitors arrive are common.
    Religious Minorities.--Many persons practice elements of both 
Christianity and traditional indigenous religion, either individually 
or as members of indigenous African churches that combine elements of 
established Christian beliefs with some beliefs based on traditional 
African culture and religion.
    However, there were reports of growing tensions between mainline 
Christian churches and practitioners of traditional indigenous 
religions. Leaders of the Christian churches reportedly opposed the 
repeal or modification of the Witchcraft Suppression Act sought by 
practitioners of traditional indigenous religions (see Section 2.c.). 
Several leaders of Christian churches reportedly denounced a perceived 
increase in ``satanism'' in the country; acts of satanism allegedly 
included drinking human blood and eating human flesh.
    There were increasing reports of ritual murders associated with 
traditional religious practices, although the Government actively 
enforces the law against all kinds of murder including ritual murders. 
Gordon Chavanduka, chairman of ZINATHA, the national association of 
traditional healers, reportedly stated that black-market demand for 
human body parts used in making potions has increased greatly in recent 
years. Some observers suggested that this development may be associated 
with the spread of HIV/AIDS inthe country, and the lack of affordable 
science-based medicines for treating infected persons (see Section 
2.c.).
    In April Crispen Sachiwo, age 38, reportedly told police that he 
had been kidnaped on March 30 by four men who indicated that they 
intended to kill him in order to use his body parts to make ``magic'' 
for sale to local businessmen. However, Crispen reportedly stated that 
he was released after his kidnapers discovered that he was too old for 
his body parts to be efficacious. In July Faber Chidarikire, a ZANU-PF 
official and mayor of the northern town of Chinhoyi, was charged with 
murdering a 13-year-old girl in 1987, but he was released on bail after 
intervention by the Attorney General; there were reports that 
Chidarikire cut off the girl's ear and excised her genitals. In 1995 an 
examination of a severed head found in Chidarikire's car in 1994 
indicated that it had been severed with a blade, not in a car accident 
as Chidarikire had maintained.
    National/Racial/Ethnic Minorities.--According to Government 
statistics, the Shona ethnic group makes up 77 percent of the 
population, Ndebele 14 percent, Kalanga 5 percent, Europeans 2 percent, 
and other ethnic groups 2 percent. There have been tensions both 
between the African majority and the European minority and between the 
Shona majority and the Ndebele minority.
    During the 1960's and 1970's, elements of the European minority 
rebelled against British rule and established and maintained a racially 
discriminatory regime, which was dismantled in 1980 only after armed 
insurgencies by African groups, including the ZANU-PF, and economic 
sanctions by the international community. The European community 
remains economically privileged; despite government efforts at land 
reform, European farmers continued to own one-third of the country's 
most productive land at year's end (see Section 1.f.). Government 
services are provided on a nondiscriminatory basis, the Government has 
sought to expand and improve the previously ``whites only'' 
infrastructure in urban areas to provide health and social services to 
all citizens, and all schools and churches are integrated legally. 
However, social interaction between Africans and Europeans remained 
relatively rare. Tensions between Africans and Europeans have been 
sharpened by the Government's repeated threats to confiscate primarily 
European-owned commercial farms without compensation. Sporadic illegal 
occupations of white-owned farms by landless peasants continued.
    On several occasions during the year, President Mugabe, members of 
his Government, and state-owned or MMT-owned media publicly exacerbated 
Africans' resentment of the European minority. In his February 6 
television address to the nation, Mugabe subjected journalists and 
human rights activists of European ancestry to explicitly racist 
criticism (see Sections 2.a. and 4). The President stated that they and 
other ``white persons of British extraction'' had ``been planted in our 
midst to undertake acts of sabotage,'' and that their ``evil 
machinations'' had pushed the Government's sense of racial tolerance to 
the limit. Mugabe suggested that these Europeans' criticism of the 
security forces for torturing journalists of African ethnicity and of 
the Government for refusing to obey court orders to release those 
journalists was part of an international conspiracy by Europeans to 
frustrate the Government's land reform program. In March Mugabe 
publicly stated that governments of two foreign countries with mostly 
European populations sought to destabilize his Government in order to 
prevent his Government from redistributing land from Europeans to 
Africans (see Section 1.e.). Government ministers and state-owned and 
MMT-owned media echoed Mugabe's racist remarks.
    During the 1980's the Shona-dominated Government suppressed an 
Ndebele insurgency and killed many Ndebele civilians in Matabeleland, 
the region in which the Ndebele were concentrated. Although relations 
between the Shona and the Ndebele subequently have improved, the 
disproportionate number of Shona speaking teachers and headmasters in 
Matabeleland schools remained a sensitive issue. Members of the Ndebele 
community continued to criticize the Government's unequal distribution 
of national resources and the Government's failure to compensate 
victims of the 1980's Matabeleland killings.
Section 6. Worker Rights
    a. The Right of Association.--The 1985 Labor Relations Act (LRA) 
provides private sector workers with freedom of association and the 
right to elect their own representatives, publish newsletters, and set 
programs and policies that reflect the political and economic interests 
of labor. Workers are free to form or join unions without prior 
authorization. The LRA allows for the existence of multiple unions per 
industry, provided that each is registered with the Ministry of Public 
Service, Labor, and Social Welfare (MPSLSW). While the Government may 
deregister individual unions, the High Court has ruled that the LRA 
does not give the Minister the powerto suspend or deregister the 
national umbrella labor confederation, the Zimbabwe Congress of Trade 
Unions (ZCTU).
    Approximately 20 percent of the formal sector work force belongs to 
the 33 unions that form the ZCTU. ZCTU officers are elected by 
delegates of affiliated trade unions at congresses held every 5 years. 
While the Government encouraged the ZCTU's formation, anticipating that 
it would form the labor arm of ZANU-PF, it no longer controls the ZCTU. 
The Government and the ZCTU often have clashed sharply on economic 
policy, particularly the Economic Structural Adjustment Program. The 
Government usually has not consulted either the ZCTU or employers 
before implementing policy decisions that affect the workplace. This 
lack of consultation has often resulted in reactions that disrupted 
labor relations, thereby promoting uncertainty and even strikes.
    Following the Government's efforts in December 1997 to impose 
significant income and other tax increases without consultation, the 
ZCTU organized a nationwide, 1-day work stoppage that month, and a 2-
day ``stayaway'' in March 1998. The ZCTU also led two successful 
stayaways in November 1998 to protest a 67 percent increase in fuel 
prices and to demand a 20 percent pay increase for private and public 
sector workers. These were the two most successful labor actions in the 
country's history. In a period of serious and prolonged economic 
decline, the ZCTU has gained widespread support at the forefront of an 
energized labor movement. In September the ZCTU was instrumental in 
launching a new political party in opposition to the ruling ZANU-PF 
(see Section 3). In April state-owned media announced that the 
Government would negotiate with the ZCTU about labor policy only if the 
ZCTU abandoned its plans to form a political organization opposed to 
the ruling ZANU-PF party (see Section 3).
    On January 20, Isidore Zindoga, the deputy secretary general of the 
ZCTU, was beaten unconscious by four men who were following him in 
Harare, one of whom Zindoga subsequently identified as a police officer 
(see Section 1.c.). ZCTU secretary general Morgan Tsvangirai had 
suffered a similar beating in late 1997.
    The LRA allows for the formation of multiple national federations. 
A second umbrella labor organization, the Zimbabwe Federation of Trade 
Unions (ZFTU), was launched in October 1996 with the stated purpose of 
providing an alternative of the ZCTU. The new organization states that 
its goal is to work in collaboration with the Government, and it is 
openly critical of the ZCTU. The ZFTU's leadership and membership 
remained unclear, with key personnel changing regularly. Most observers 
believe that ZFTU leaders are principally former ZCTU leaders, some of 
whom were separated involuntarily from that organization. The ZFTU 
largely was inactive, except for occasional public statements 
criticizing ZCTU activities, and generally was not considered a viable 
labor organization.
    Public servants and their associations, the Public Service 
Association (PSA), the Zimbabwe Teachers Association (ZIMTA), and the 
Zimbabwe Nurses Association (ZINA) are not covered by the provisions of 
the LRA. Instead, their conditions of employment are provided for under 
the Constitution. Although civil servants constitutionally are barred 
from forming unions, in 1995 ZIMTA stated its intention to affiliate 
with the ZCTU and the PSA. In 1998 the PSA affiliated itself with the 
ZCTU. All public servants are deemed essential and are prohibited from 
striking. However, PSA members violated this law in June when they 
engaged in a week-long strike, successfully securing a 25 percent pay 
increase. Local government employees around the country also went on 
strike in July to secure wage increases. Junior doctors and nurses in 
state-run hospitals walked off the job in October and November, 
refusing to return to work until the Government gave them long overdue 
salary increases and promised to improve working conditions. In April 
the Postmaster General announced that the state-owned Posts and 
Telecommunications Corporation (PTC) had fired 700 telecommunications 
engineers and technicians who had taken part in a strike. PTC workers' 
committee chairman Simon Musveosve and committee secretary Peter 
Manyonda were arrested and charged with inciting workers to strike 
illegally and to commit sabotage. The Government alleged that the 
srikers severed over 4,000 cable lines, thereby causing a massive 
disruption in the country's international telecommunications. Of the 
700 workers dismissed, 600 were almost immediately reinstated. The 
remaining 100 were suspended, pending investigation into allegations 
that these were the technicians who severed the cables. PTC was unable 
to prove which technicians committed that act, and most technicians 
returned to work. Ultimately only a handful of workers were fired.
    Workers and employers in major industries engage in a collective 
bargaining season from April to July each year, in which they negotiate 
salary increases and other benefits in their respective National 
Employment Councils (NEC's). The Government itself negotiates directly 
with civil servants (who received a 25 percent pay increase in June), 
primarily through the PSA. The empowerment of the labor movement under 
the ZCTU in recent years has focused more attention on worker rights, 
and most employers acknowledge that economic decline and the rising 
cost of living have made annual wage increases a virtual necessity. By 
the end of the 1999 collective bargaining season, workers in the 20 
major industries had received wage increases averaging 34.8 percent, 
with some receiving substantially more.
    The 1992 Labor Relations Amendment Act (LRAA) specifies that 
workers may establish independent worker committees, which exist side 
by side with unions in each plant. Worker committees also must be 
registered with the MPSLSW, which is free to refuse registration. Trade 
union officials believe that the formation of worker committees was an 
attempt to dilute union authority. However, the ineffectiveness of 
worker committees demonstrated the need for the experienced worker 
representation of the established trade unions.
    The International Conference of Free Trade Unions (ICFTU) has 
criticized the labor laws for giving ``wide scope to the authorities to 
declare that a given enterprise or industry constitutes an essential 
service, and then impose a ban (on strikes) on it.'' The authority to 
reclassify a previously nonessential service as essential was not used 
in 1998 or 1999. However, President Mugabe issued a 6-month ban on all 
collective job actions from November 1998 to May 1999, in the wake of 
two successful national ``stayaways,'' or work stoppages, organized by 
the ZCTU. In February the Legal Committee of the Parliament unanimously 
declared the President's ban illegal (see Section 3), but Parliament 
did not vote on the legality of the ban during the year. When the ban 
expired in May, the Minister of Public Service, Labor, and Social 
Welfare, Florence Chitauro, on instructions from the President, added 
the ban as a permanent amendment to the revised Labor Relations Act, 
which was awaiting parliamentary approval late in the year. However, 
under sharp criticism and legal challenges to the amendment's 
constitutionality from the ZCTU and local and international civil 
society groups, the Government withdrew the amendment in June. Although 
no ban on strikes was in place at year's end, government officials 
stressed that the Government reserves the right to reimpose the ban at 
its discretion.
    Despite the expiration of the President's ban on strikes, it is 
virtually impossible to conduct legal collective job action. There is 
no right to strike in the Constitution. ``Essential'' employees are 
prohibited by law from striking, and the Government defines 90 percent 
of workers as ``essential.'' For the remaining nonessential employees 
legally to conduct a strike, over 50 percent of the company's employees 
must vote in favor of the action. Many employees are afraid to do so, 
due to fear of management reprisals. However, if a majority vote is 
obtained, the dispute is referred to the concerned government agency 
for resolution. Only if the Government determines that a resolution is 
not possible is the right to strike granted.
    Dissatisfaction with wage negotiations led employees in several 
major sectors to ignore the Government's requirements for a legal 
strike; they walked off the job for up to 1 week. Strikes included 
those by engineers at the posts and telecommunications company in May; 
civil servants in June; municipal workers in July; junior doctors, 
driving instructors, and restaurant and hotel workers in September; and 
nurses in October and November. The strikes were generally peaceful, 
although some violence occasionally occurred. Police used tear gas to 
disperse a demonstration by striking restaurant and hotel workers (see 
Section 2.b.). In most cases, employers agreed to negotiate further 
wage increases as a result of the job actions.
    The ZCTU and its officials are free to associate with international 
labor organizations and do so actively. The ZCTU is affiliated with the 
ICFTU and the Southern African Trade Union Coordinating Council.
    On September 11, the same day that the ZCTU launched a new 
opposition political party, the Minister of Information publicly called 
for the deportation of Georg Lemke, director of the Danish Trade Union 
Council for International Development Cooperation, which had provided 
technical and financial assistance to the ZCTU. The Minister alleged 
that the Council was meddling in the country's internal politics. The 
Council ordered Lemke transferred to Denmark in October, after the 
Government reportedly threatened to deport him and to close the 
Council's projects in the country if the Council failed to withdraw him 
voluntarily (see Sections 3 and 4). Lemke and the Danish Embassy in 
Harare insisted that the Danish Trade Union Council had provided 
assistance only to ZCTU, not to the new opposition party, in keeping 
with the organization's mandate.
    b. The Right to Organize and Bargain Collectively.--The LRA 
provides workers with the right to organize. As originally written, 
this act was silent on the right to bargain collectively. However, the 
1992 LRAA permits unions to bargain collectively over wages. Worker 
committees, which by law are not organizationally part of the unions or 
the ZCTU, are empowered to negotiate with the management of a 
particular plant on the conditions of labor and codes of conduct in the 
workplace, except for wages. Unions, employers, and individual workers 
have the right to take their grievances to the Government's Labor 
Relations Tribunal (LRT) for final adjudication. The LRT maintained a 
huge backlog of cases again during the year, with 1,731 cases pending 
as of August 31, some of which have been awaiting a hearing for years. 
The backlog is attributed to staffing shortages; only two LRT judges 
have been appointed to hear the hundreds of new complaints each year.
    Collective bargaining wage negotiations take place on an 
industrywide basis between the relevant union and employer 
organizations sitting on joint employment boards or councils. These 
bodies submit their agreements to the Registrar in the MPSLSW for 
approval. The Government retains the power to veto agreements that it 
believes would harm the economy. However, it does not involve itself 
directly in labor negotiations unless requested to do so by one of the 
parties. When no trade union represents a specific sector, 
representatives of the organized workers, such as the professional 
associations, meet with the employer associations, under the mediation 
of labor officers from the MPSLSW. Public sector wages are determined 
by the Salary Service Department of the MPSLSW, subject to the approval 
of an independent Public Service Commission (PSC). Each year PSC 
officials meet with PSA representatives to review wages and benefits. 
These reviews result in a recommendation that is forwarded to the 
MPSLSW. The Minister is not required by law to accept the 
recommendation.
    Collective bargaining agreements apply to all workers, not just 
union members. Over 80 percent of all industries are unionized. The 
collective bargaining season (which runs each year from approximately 
April to July), brought about wage gains in various industries. For 
example, pulp and paper manufacturing employees, received an increase 
of 40 to 59 percent, with a new monthly minimum wage of $57.92 
(Z$2,198). Mining workers gained a 43 percent increase, with a new 
minimum wage of $51.07 (Z$1,938). Banking industry employees gained 45 
percent, with a new minimum wage of $101.53 (Z$3,853). Printing, 
packing, and newspaper industry employees gained 23 to 40 percent, with 
a new minimum wage of $52.70 (Z$2,000). Workers in the leather, skins, 
taxidermy, and footwear industries gained 40 percent with a new minimum 
wage of $69.14 (Z$2,624).
    Employees designated as managers positions are excluded from union 
membership and thus from the collective bargaining process. There were 
some reports that firms designated excessive numbers of employees as 
managers in order to exclude them from the collective bargaining 
exercises.
    The LRA prohibits antiunion discrimination by employers against 
union members. Complaints of such discrimination are referred to labor 
relations officers and may subsequently be adjudicated by the LRT. Such 
complaints are handled under the mechanism for resolving cases 
involving ``unfair labor practices.'' The determining authority may 
direct that workers fired due to antiunion discrimination should be 
reinstated, although this has yet to be utilized in practice.
    The LRAA streamlined the procedure for adjudicating disputes by 
strengthening the LRT. Labor relations officers hear a dispute; their 
decision may be appealed to regional labor relations officers, after 
which the LRT may hear the case. Ultimately, it may be appealed to the 
Supreme Court. In 1993 the Government filled long vacant positions on 
the LRT, but at year's end the LRT boards still were not staffed fully.
    The Export Processing Zones Act states the LRA shall not apply to 
workers in export processing zones. The ZCTU has negotiated directly 
with EPZ employers to allow some unions in the EPZ, although their 
number and level of activity remain low.
    c. Prohibition of Forced or Compulsory Labor.--Compulsory labor is 
prohibited by law, and there were no reports that it was practiced. The 
Government prohibits forced and bonded labor by children, and there 
were no reports that it occurred (also see Section 6.d.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Legislation passed in 1997 bans employment of children 
under the age of 12 and restricts employment of those between the ages 
of 12 and 17 to light work during school holidays for periods not 
exceeding 6 hours per day. Legislation passed in June banned the 
employment of children under the age of 15. Light work is defined as 
work not likely to prejudice a child's education, health, safety, rest, 
or social, physical, or mental development. All hazardous employment, 
overtime, and night shift work is banned for those under the age of 18. 
However, there is little to no enforcement of these laws. Children work 
in the agricultural sector, and there were reports that children worked 
as domestics and as car-watchers on the streets. Although schooling is 
not compulsory, over 90 percent of children attend school through grade 
5 (see Section 5). The Government prohibits forced and bonded labor by 
children, and there were no reports that it occurred (see Section 
6.c.).
    Child labor in the formal agricultural sector, such as on tea and 
coffee plantations, reportedly involves children working in the fields 
after school during the planting and harvesting seasons and full-time 
during school holidays. Long hours are common. Children often work 
alongside their parents, and their working conditions approximate those 
of adults. While some form of child labor on large commercial farms is 
widespread, agricultural organizations maintain that the labor 
performed is not exploitative, involuntary, contrary to law, or outside 
of cultural norms that allow children to engage in field work with 
their families. Anecdotal evidence suggests some school schedules and 
calendars are tailored to allow children to work in the fields during 
busy farming periods. Economic hardship often makes child labor 
imperative for families.
    About 25 percent of the adult population was estimated 
authoritatively to be infected with HIV/AIDS, and the rate of infection 
appeared to be accelerating. As a result, more children were forced to 
work in a variety of sectors to fill the income gap left by ill or 
deceased relatives. The number of children in adoptive homes or living 
on the streets increased rapidly. The number of AIDS orphans is 
expected to reach 543,000 by the year 2000, and 910,000 by the year 
2005. The deteriorating economy also is forcing more children to work. 
Although child labor in the agricultural, domestic, and informal 
sectors increasingly is discussed, the Government and NGO's have been 
unable to gather concrete data on the number of cases.
    e. Acceptable Conditions of Work.--The maximum legal workweek is 54 
hours, and the law prescribes a minimum of one 24-hour rest period per 
week. Working conditions are regulated by the Government on an 
industry-specific basis. The Constitution empowers the PSC to set 
conditions of employment in the public sector. Government regulations 
for each of the 22 industrial sectors continue to specify minimum 
wages, hours, holidays, and required safety measures. In recent years, 
in an effort to opt out of the wage bargaining system, the Government 
mandated wage parameters and specified minimum wage increases only for 
domestics and gardeners. Due to an ineffective monitoring system, many 
such workers are remunerated below the minimum wage.
    The minimum monthly wage for domestic servants is $19 (Z$704), and 
$17 (Z$629) for gardeners. These are the basic minimum wages for other 
workers. Current monthly minimum wage data for other sectors include: 
$38 (Z$1,441) for the catering industry; $42 (Z$1,576) for tobacco 
workers; and $52 (Z$1,981) for the garment industry. On commercial 
farms, the employer may provide schooling for workers' children. The 
minimum wage is not sufficient to sustain a decent standard of living 
for a worker and family. Based on the most recent data, from 1998, the 
ILO estimates the country's food poverty line at $105 (Z$4,000) per 
month. However, escalating inflation and substantial devaluation of the 
Zimbabwe dollar significantly reduced the standard of living for most 
workers. Workers in sectors covered under collective bargaining 
agreements received wage increases averaging 34.8 at the end of the 
collective bargaining season. However, accelerating price inflation, in 
excess of 60 percent on average during the year, eroded those gains. In 
theory, labor relations officers from the MPSLSW are assigned to 
monitor developments in each plant to assure that government minimum 
wage policy and occupational health and safety regulations are 
observed. In practice these offices are understaffed, cannot afford to 
inspect routinely workplaces, and must rely on voluntary compliance and 
reporting by employers.
    According to the ZCTU, some employers take advantage of illegal 
refugees for inexpensive labor. Because the job market is worse in 
eastern border countries such as Malawi and Mozambique, the refugees 
are willing to risk arrest and work for wages below the legal minimums 
(see Section 2.d.).
    Many of the basic legal protections do not apply to the vast 
majority of farm, mine, and domestic workers. Health and safety 
standards are determined only on an industry-specific basis. Despite 
the lack of general standards, the National Social Security Authority's 
statistics from 1998 show a decrease in the number of occupational 
injuries and deaths. Seventy-five fatal job accidents were reported 
during the first 9 months of 1998, compared with 200 in 1997. 
Similarly, 4,867 occupational injuries were reported during this same 
time period, compared with 14,000 in 1997. The Government designated 
the Zimbabwe Occupational Safety Council to regulate safe work 
conditions. The council consists of six representatives each from the 
Government, employers, and trade unions. Budgetary restraints and 
staffing shortages have made the council ineffective. Although workers 
have a legal right to remove themselves from dangerous work situations 
without jeopardy to continued employment, in practice they risk the 
loss of their livelihood if they do so.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons, and there were no reports that persons were trafficked in, to, 
or from the country during the year.
                LATIN AMERICA, CANADA, AND THE CARIBBEAN

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                          ANTIGUA AND BARBUDA

    Antigua and Barbuda is a multiparty, parliamentary democracy and a 
member of the Commonwealth of Nations. A prime minister, a cabinet, and 
a bicameral legislative assembly compose the Government. A Governor 
General, appointed by the British monarch, is the titular head of 
state, with largely ceremonial powers. Prime Minister Lester B. Bird's 
Antigua Labour Party (ALP) has controlled the Government and Parliament 
since 1976. In the March elections, the ALP retained power by capturing 
12 of 17 parliamentary seats, 2 more than it won in the previous 
elections in 1994. The Governor General appoints the 15 senators in 
proportion to the parties' representation in Parliament and with the 
advice of the Prime Minister and the leader of the opposition. The 
judiciary is independent.
    Security forces consist of a police force and the small Antigua and 
Barbuda Defence Force. The police are organized, trained, and 
supervised according to British law enforcement practices.
    The country has a mixed economy with a strong private sector. 
Tourism is the most important source of foreign exchange earnings. The 
country is burdened by a large and growing external debt, which remains 
a serious economic problem. Per capita gross domestic product was about 
$7,500 in 1998.
    The Government generally respected the human rights of its 
citizens; however, problems remained in several areas. Prison 
conditions are poor, and there were allegations of abuse of prison 
inmates. Opposition parties complained that they received limited 
coverage or opportunity to express their views on the government-
controlled electronic media. Societal discrimination and violence 
against women also continued to be problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and the 
authorities generally respected these prohibitions; however, there were 
allegations of abuse by prison guards.
    Prison conditions are poor. Conditions at the lone, 18th-century 
prison considerably worsened when a fire destroyed most of the facility 
in January. Prisoners allegedly started the fire to protest random 
searches by prison guards. Following earlier prison riots and serious 
security breaches in 1997, the Government decided to privatize the 
prison and hired a foreign security company, which replaced all prison 
officials, with the exception of a small administrative staff and 
women's prison officials, with its own employees.
    The severe damage to the prison from the January fire required 
prisoners to be scattered to a number of holding areas, including a 
factory shell, a former army headquarters building, and the main police 
station. The conditions in the alternative holding areas were 
overcrowded and inadequate for proper detention. Repairs to the prison 
continued throughout the year, and prefabricated buildings were 
installed to house some prisoners. However, the facility, which holds 
approximately 182 prisoners, remained overcrowded.
    In addition, there were increased allegations of abuse of inmates 
by prison guards. In June six prisoners were hospitalized. Prison 
guards allegedly caused the injuries, which included severe bruising of 
one inmate's genitalia, broken legs due to rubber bullets fired at 
close proximity, broken ribs and limbs, and severe bruising of the face 
and head. Two inmates allegedly suffered broken jawbones. The 
Government removed the prison superintendent and investigated the 
incidents of abuse; a final report was pending at year's end.
    The Government permits prison visits by independent human rights 
monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention, and the Government respects 
these provisions in practice. Criminal defendants have the right to a 
judicial determination of the legality of their detention. The police 
must bring detainees before a court within 48 hours of arrest or 
detention.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government respects this provision in 
practice.
    The judicial system is part of the Eastern Caribbean legal system 
and reflects historical ties to the United Kingdom. The Constitution 
designates the Privy Council in London as the final court of appeal, 
which always is employed in the case of death sentences. There are no 
military or political courts.
    The Constitution provides that criminal defendants should receive a 
fair, open, and public trial. In capital cases only, the Government 
provides legal assistance at public expense to persons without the 
means to retain a private attorney. Courts can reach verdicts quickly, 
with some cases coming to conclusion in a matter of days.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices. Government 
authorities generally respect these prohibitions, and violations are 
subject to effective legal sanction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech, of the press, and other forms of communication. 
Although the authorities generally respect these provisions in 
practice, the Government has restricted opposition parties' access to 
electronic media, effectively denying them equal coverage. The 
Government owns one of the two general interest radio stations and the 
single television station. A religious station broadcasts without 
impediment. One of the Prime Minister's brothers owns the second radio 
station, and another brother is the principal owner of the sole cable 
television company. The government-controlled media report regularly on 
the activities of the Government and the ruling party, but limit their 
coverage of and access by opposition parties.
    These restrictions led opposition leader Baldwin Spencer to 
initiate a constitutional challenge in 1993. In 1997 the High Court 
determined that the Government had denied Spencer his constitutional 
right to freedom of expression and called on the Government to provide 
the opposition with greater media access in the future. However, this 
ruling has had limited impact in practice. The Government continues to 
restrict opposition access to the media, and there continue to be 
allegations of censorship. The March report of the Commonwealth 
observer group that monitored the general elections noted that the 
governing ALP party received the greatest share of political coverage 
by the government-controlled electronic media. The report also 
indicated that fair and equal access to publicly owned electronic media 
did not appear to be available to opposition party figures.
    However, print media, including daily and weekly newspapers, are 
active and offer a range of opinion, often publishing vigorous 
criticism of the Government. Nevertheless, efforts by print media to 
expand into electronic media have been restricted. In 1996 a daily 
newspaper attempted to start a radio station but has been unable to 
secure a license to operate. The authorities charged the owners with 
operating a radio station without a license. The case went to trial, 
and the judge found in favor of the Government, charging the newspaper 
owners with criminal conduct and finding them liable for damages. The 
owners sued the State in December 1996 for illegal search and seizure 
and claimed that their constitutional right to broadcast had been 
violated. In December 1997, the judge ruled that constitutional rights 
had not been violated, even though the owners could rightly claim 
significant delay; the judge found that the Government had not been 
inconsistent in this case, since it hadnot granted other licenses. In 
1998 the owners appealed the case, pointing out that a progovernment 
station had recently been granted a license. During the year, the 
owners submitted an appeal to the Privy Council in the United Kingdom; 
their case was still pending at year's end.
    The police still have not issued a report of their investigations 
in three possible arson attacks in 1998. On November 19, 1998, an 
arsonist destroyed an opposition newspaper that published a story about 
large shipments of arms and ammunition imported by the Government. 
Several days later, a fire of suspicious origin badly damaged the 
Ministry of Information, and shortly thereafter the opposition United 
Progressive Party's outdoor convention site mysteriously was set afire.
    In March a newspaper dismissed two journalists due to a controversy 
surrounding a news story critical of the Government. The foreign-born 
newspaper publisher dismissed the reporters for making public their 
opposition to the publisher's decision not to publish the article 
critical of the Government just prior to the general elections. The 
Caribbean Association of Media Workers criticized the dismissals as 
undermining the newspaper's editorial independence and as a threat to 
press freedoms.
    The Government does not restrict academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of peaceful assembly. The police normally issue 
the required permits for public meetings but sometimes deny them in 
order to avert violent confrontations. While the authorities placed 
some restrictions on demonstrations in the past, the opposition held 
numerous rallies, public meetings, and a large march with no 
interference.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for these rights, and 
the Government respects them in practice.
    There were no reports of forced expulsion of anyone having a valid 
claim to refugee status. The issue of provision of first asylum did not 
arise. The Government assesses all claims by refugees under the 
provisions of the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol.
    In 1998 the Government accepted approximately 3,500 residents of 
Montserrat who fled volcanic eruptions. This influx placed a serious 
burden on the country's social services, and the Government asked the 
United Kingdom for assistance in meeting these needs. Despite the 
additional burdens, the Government continued to welcome Montserrat 
refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for a multiparty political system 
accommodating a wide spectrum of political viewpoints. All citizens 18 
years of age and older may register and vote by secret ballot. The 
Constitution requires general elections at least every 5 years; the 
last general elections were held in March. The law obligates the 
Government to hold voter registration during a fixed period (of only 5 
days) each year, and parties conduct their own registration drives free 
of government interference.
    Except for a period in opposition from 1971 to 1976, the Antigua 
Labour Party has held power continuously since 1951. The opposition has 
charged that the ALP's longstanding monopoly on patronage and its 
influence over access to economic opportunities make it extremely 
difficult for opposition parties to attract membership and financial 
support. In 1992 public concern over corruption in government led to 
the merger of three opposition political parties into the United 
Progressive Party.
    The Commonwealth observer group that monitored the March elections 
issued a report noting irregularities in the electoral process. The 
report indicated that the voters' register stoodat 52,348 voters, of a 
total population of approximately 69,000 persons. Since 40 percent of 
the population were estimated to be below voting age, the voting rolls 
appeared to be inflated. According to the observer group, the voter 
registration period, which is limited to only a week every July, 
appeared too restrictive and potentially disfranchises citizens, such 
as persons who would reach the voting age of 18 after July but before 
the elections. The observer group recommended the establishment of an 
independent electoral commission to improve the voter registration 
process.
    There are no impediments to participation by women in government 
and politics, but they are underrepresented. No women have been elected 
or currently serve in the House of Representatives. Two women are 
senators, which are appointed positions. Eight of the 14 permanent 
secretaries (the top civil servant position in ministries) are women.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    While there are no governmental restrictions, no local human rights 
groups have been formed. There were no requests for human rights 
investigations or inquiries from individuals or international human 
rights groups during the year. In 1995 the Government created the post 
of Ombudsman. During the year, the Ombudsman reviewed 220 cases, twice 
that of 1998 and the highest number since the office was created. The 
office of the Ombudsman generally is well regarded. The Ombudsman makes 
recommendations to the Government based on investigations into 
citizens' complaints; however, his recommendations often are not 
implemented to the satisfaction of alleged victims of government abuse 
and injustice.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The law prohibits discrimination based on race, sex, creed, 
language, or social status, and the Government generally observed its 
provisions.
    Women.--Violence against women is a recognized social problem. It 
is treated as a matter of public conscience, and there are 
nongovernmental social welfare groups focused on the problem. Women in 
many cases are reluctant to testify against their abusers. However, 
Parliament approved domestic violence legislation in January, and 
organizations such as the Government's Directorate of Women's Affairs 
sought to increase women's awareness of their rights under the law. 
Police generally refrain from intervening in cases of domestic 
violence, and some women have charged credibly that the courts are 
lenient in such cases.
    While the role of women in society is not restricted legally, 
economic conditions tend to limit women to home and family, 
particularly in rural areas, although some women work as domestics, in 
agriculture, or in the large tourism sector. Although the Government 
pledged to provide better family planning services, educational 
opportunities, and job training, it has been slow to implement new 
programs. The Directorate of Women's Affairs exists to help women 
advance in government and the professions, but progress was slow.
    Children.--The Government provides education for children through 
the age of 16, and children have access to health care and other public 
services.
    Child abuse remains a hidden problem. While the Government has 
repeatedly expressed its commitment to children's rights, it has done 
little to protect those rights in practice. The Government stills plans 
to establish a committee on children's rights and indicated it intends 
to strengthen monitoring and implementation of the U.N. Convention on 
the Rights of the Child. The U.N. Children's Fund helped support a 
study of the needs of children and families, and its recommendations 
are being used to develop a National Plan of Action on Child Survival, 
Development, and Protection.
    People with Disabilities.--No specific laws mandate accessibility 
for the disabled, but constitutional provisions prohibit discrimination 
against the physically disabled in employment and education. There is 
no evidence of widespread discrimination against physically disabled 
individuals, although the Government does not enforce the 
constitutional antidiscrimination provisions visibly.
Section 6. Worker Rights
    a. The Right of Association.--Workers have the right to associate 
freely and to form labor unions, and the authorities generally respect 
these rights in practice. Approximately 70 percent of workers belong to 
a union, and the hotel industry is heavily unionized. There are two 
major trade unions: The Antigua Trades and Labour Union (ATLU) and the 
Antigua Workers' Union (AWU). The ATLU is associated with the ruling 
ALP, while the larger and more active AWU is allied rather loosely with 
the opposition.
    The Labor Code recognizes the right to strike, but the Industrial 
Relations Court may limit this right in a given dispute. Once either 
party to a dispute requests that the court mediate, there can be no 
strike. Because of the delays associated with this process, unions 
often resolve labor disputes before a strike is called.
    Unions are free to affiliate with international labor organizations 
and do so in practice.
    b. The Right to Organize and Bargain Collectively.--Labor 
organizations are free to organize and bargain collectively. The law 
prohibits antiunion discrimination, and there were no reports that it 
occurred. Employers found guilty of antiunion discrimination are not 
required to rehire employees fired for union activities but must pay 
full severance pay and full wages lost by the employee from the time of 
firing until the determination of employer fault. There are no areas of 
the country where union organization or collective bargaining is 
discouraged or impeded.
    An export processing zone, first proposed in 1994, had not yet 
started full operation as of year's end. The same labor laws will apply 
in that zone as elsewhere throughout the country.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
forbids slavery and forced labor, including that by children, and they 
do not exist in practice.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law stipulates a minimum working age of 16 years, 
which corresponds with the provisions of the Education Act. The 
Ministry of Labor, which is required by law to conduct periodic 
inspections of workplaces, has responsibility for enforcement. There 
have been no reports of minimum age employment violations. The 
political strength of the two major unions and the powerful influence 
of the Government on the private sector combine to make the Ministry of 
Labor very effective in enforcement in this area. The law prohibits 
forced or bonded child labor, and it is enforced effectively (see 
Section 6.c.).
    e. Acceptable Conditions of Work.--Minimum wage rates, which were 
established by law for various work categories in 1981, have never been 
revised and generally are viewed as irrelevant to current economic 
conditions. The lowest minimum wage, for domestic workers, is $0.46 
(EC$1.25) per hour; the highest minimum wage, for skilled labor, is 
$1.30 (EC$3.50) per hour. Most minimum wages would not provide a decent 
standard of living for a worker and family, but in practice the great 
majority of workers earn substantially more than the minimum wage. The 
Ministry of Labor periodically surveys average minimum wages paid in 
various sectors; it issues these as guidelines to prevailing market 
wages. The guidelines are not compulsory; the Ministry provides them to 
reflect increasing wage expectations in the labor market and to offset 
the failure to update the 1981 minimum wage rates. In 1999 these 
guidelines indicated that employers pay an average salary of $92.60 
(EC$250) per week, although the range of actual salaries varies widely, 
depending on level and experience. There was consideration of 
reactivating the tripartite advisory board to review the outdated 1981 
rates.
    The law provides that workers are not required to work more than a 
48-hour, 6-day workweek, but in practice the standard workweek is 40 
hours in 5 days. The law stipulates that workers receive a minimum of 
12 days of annual leave. The law requires employers to provide 
maternity leave with 40 percent of wages for 6 weeks of leave, while 
social service programs provide the remaining 60 percent of wages. The 
employer's obligation ends after the first 6 weeks, but social services 
will continue to pay 60 percent of wages for an additional 7 weeks, 
covering a total of 13 weeks.
    The Government has not yet developed occupational health and safety 
laws or regulations. Plans to incorporate comprehensive legislation on 
safety, health, and the welfare of workers into the existing Labor Code 
have not been implemented yet. There is no specific provision for a 
worker to leave a dangerous workplace situation without jeopardy to 
continued employment.
    f. Trafficking in Persons.--There are no laws that specifically 
address trafficking in persons. There were no recent reports that 
persons were trafficked in, to, or from the country.
                                   ____
                                 

                               ARGENTINA

    Argentina is a federal constitutional democracy with an executive 
branch headed by an elected president, a bicameral legislature, and a 
separate judiciary. In October voters elected Fernando de la Rua 
President for a 4-year term; he took office on December 10, replacing 
President Carlos Saul Menem. The elections were considered free and 
fair. The judiciary is generally independent but is inefficient and 
subject at times to political influence.
    The President is the constitutional commander-in-chief, and a 
civilian Defense Minister oversees the armed forces. Several agencies 
share responsibility for maintaining law and order. The Argentine 
Federal Police (PFA) report to the Interior Minister, as do the Border 
Police and Coast Guard. The PFA also has jurisdiction in the Federal 
Capital. Provincial police are subordinate to the respective governor. 
Members of the police continued to commit human rights abuses.
    Argentina has a mixed agricultural, industrial, and service 
economy. Following 7 years of economic growth during an economic reform 
and structural adjustment program, which included privatization and 
trade and financial sector liberalization, the economy slowed in 1998 
due in large part to a reduction in foreign capital flows. In 1999 the 
country entered a recession, with gross domestic product declining an 
estimated 3 percent. Unemployment rose to 13.8 percent in 1999, 
compared with 12.4 percent in 1998. Income disparities are a problem. 
According to a study published in the press, in 1997-98 approximately 
35 percent of the population had incomes below the poverty line.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. There continued 
to be instances of extrajudicial killings, torture, and brutality by 
the police, although the authorities prosecuted a number of persons for 
such actions. Police also arbitrarily arrested and detained citizens, 
prison conditions are poor, and lengthy pretrial detention is a 
problem. The judicial system is inefficient and is subject at times to 
political influence and to inordinate delays in trials. There were 
numerous threats--and several acts of violence--against journalists. 
Police used violence against demonstrators. Violence and discrimination 
against women also are problems. Child abuse and child prostitution 
continued to increase. Discrimination against indigenous people 
persists, and there were instances of anti-Semitism. Child labor is a 
problem. In addition, the legacy of the human rights abuses of the 
1976-83 military regime continued to be a subject of intense national 
debate, particularly the arrest of former junta leaders on charges of 
taking or seizing babies born to dissidents in detention and giving 
them to supporters for adoption.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings; however, police officers were 
responsible for a number of extrajudicial killings. The authorities 
investigated and in some cases detained, tried, and convicted the 
officers involved.
    The authorities detained two police officers, Nestor Trotta and 
Roberto Martini, in Buenos Aires province and placed them under 
investigation for killing a youth in mid-January under unclear 
circumstances. Investigators suspect that the youth and the officers 
could have been involved in an illicit transaction gone awry.
    In September in Ramallo, Buenos Aires province, police crossfire 
killed two hostages and one bank robber during a botched bank robbery 
that turned into a hostage situation. A second alleged robber died in 
police custody; by year's end, the police had not released a convincing 
explanation of the incident.
    On December 17, a day after the Federal Government took control of 
the bankrupt Corrientes provincial government, police fired tear gas 
and rubber bullets into a crowd of protesters blocking a bridge, 
injuring at least 40 persons in the violent demonstrations. Several 
blocks away, two persons were killed; an investigation was underway at 
year's end.
    In July a judge convicted Alberto Dattoli, an agent of the National 
Intelligence Service (SIDE), and sentenced him to 10 years in prison 
for the killing of Sofia Fijman in February 1998. In front of a SIDE 
building, Dattoli closed a heavy,mechanical, steel gate on the woman, 
who typically fed cats in the area. Dattoli maintained that he was 
trying simply to scare her and that the full closure of the gate was 
accidental.
    In Jujuy province, 14 police officers remained under investigation 
for involvement in the January 1998 death of Carlos Andres Sutara. In 
Buenos Aires province, a police officer remained under investigation 
for allegedly killing Walter Repetto in January 1998.
    The four police officers arrested for involvement in the January 
1998 death of Juan Carlos Cardozo in Entre Rios Province remained in 
protective custody at year's end; their trial was scheduled for 
February 2000.
    In July a court sentenced a policeman in Buenos Aires province to 
10 years in jail for shooting Walter Alvarez in the back while the 
latter was in the process of committing a petty theft in 1997.
    In April a court convicted an ex-chief of police in Rio Negro 
province and sentenced him to 26 months in prison for obstructing 
justice in the investigation of the November 1997 deaths of three young 
women in the town of Cipolletti. The authorities held two additional 
suspects who were awaiting trial at year's end.
    In Mendoza seven policemen remained under indictment in the death 
of 18-year-old Sebastian Bordon in 1997. Several of these officers were 
among the 134 officials dismissed by Mendoza authorities on charges of 
misconduct (see Section 1.c.)
    In Buenos Aires province, the investigation of the 1997 killing of 
news photographer Jose Luis Cabezas closed in December 1998, but a 
trial date had not been set at year's end (see Section 2.a.).
    Several army officers were among 11 suspects under indictment at 
year's end in the continuing judicial investigation into the alleged 
coverup of the 1994 death of army recruit Omar Carrasco. In 1996 a 
court convicted three soldiers of murdering Carrasco, and a fourth for 
covering up the crime. In July and August, a judge in the province of 
Neuquen added charges of concealing evidence and providing false 
testimony against retired General Carlos Diaz and four other military 
officials.
    In May a court convicted four police officers for the 1993 torture 
and murder of Miguel Bru, a student whose body never has been found. A 
judge sentenced police officers Justo Lopez and Walter Abrigo to life 
imprisonment for the crime and gave 2-year prison terms to two other 
police officials for their involvement in this crime.
    The five police officers indicted in September 1998 for the 1989 
deaths of Raquel Laguna and Sergio Sorbellini still awaited trial at 
year's end.
    As of October, Spanish Judge Baltasar Garzon had charged 186 
persons with various crimes committed during the ``dirty war'' that the 
1976-83 military regime conducted against alleged leftists. In November 
Garzon indicted the leaders of the military junta, including former 
military leaders General Leopoldo Galtieri, General Jorge Videla, 
Admiral Emilio Massera, and 95 other officers, including 1 active 
federal judge, on charges of torture, terrorism, and genocide. In 1983 
the courts sentenced Videla, Massera, and Galtieri to life in prison, 
but President Menem pardoned them in 1990. In 1986-87 former President 
Raul Alfonsin signed into law the ``full stop'' and ``due obedience'' 
laws which put an end to further trials stemming from dirty war 
offenses.
    Investigations continued into the 1994 bombing of the city's Jewish 
Community Center (AMIA) and the 1992 bombing of the Israeli Embassy in 
Buenos Aires (see Section 5).
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    The Government failed to compensate the families of Adolfo Garrido 
and Raul Baigorria, contrary to the recommendation of the Inter-
American Court of Human Rights in 1998. The court had urged 
compensation in the amounts of $110,000 (for Garrido) and $64,000 (for 
Baigorria) by the end of May. The two men disappeared in the province 
of Mendoza in 1990 and are believed to have died in police custody, but 
no one was arrested or charged in the case. The court also called on 
the Government toinvestigate the disappearances and to bring those 
responsible to justice.
    Most reliable estimates place the number of those who disappeared 
during the dirty war at between 10,000 and 15,000. In 1984 the National 
Commission on Disappeared Persons (CONADEP) issued a report listing 
8,961 names of such persons, based on public testimony from friends, 
relatives, and witnesses. Since then the Ministry of the Interior's 
Under Secretariat for Human and Social Rights, which inherited the 
CONADEP files, has added over 700 new names, also based on voluntary 
reporting. At the same time, other names have been removed from the 
original list, either through confirmation of the death or survival of 
the person who disappeared, or through the identification of duplicate 
entries. The absence of documentary records of those who disappeared 
means that the Government must rely on public testimony, either 
voluntary or court-ordered. As CONADEP noted in its report, ``It has 
been possible to determine that an important quantity of documentation 
existed which has been destroyed or which is being concealed by those 
responsible for the repression.''
    The Under Secretariat for Human and Social Rights accepted claims 
for financial compensation from families of persons who died or 
disappeared during the dictatorship under a law that permits filing of 
applications until May 2000. It had received over 8,000 claims as of 
year's end. A law granting former prisoners of the military regime the 
right to apply for compensation from the Government expired in 
September 1998. Prior to the expiration date, the Under Secretariat, 
which administered the law, had received over 13,000 applications, and 
by the end of that year had approved over 7,000 of them.
    At the urging of the human rights organization Grandmothers of the 
Plaza de Mayo, judicial authorities continued to investigate the 
illegal adoptions of approximately 250 to 300 children born to detained 
dissidents during the dirty war. In June 1998, one of the 
investigations led to the house arrest of former army General Jorge 
Rafael Videla, the de facto President from 1979 to 1981. Although a 
court convicted Videla for the crimes he committed during the dirty war 
and sentenced him to life in prison in 1985, President Menem pardoned 
him in 1990. However, it is not clear whether the 1990 pardon or the 
amnesty laws extend to the crime of child abduction.
    The investigation by Judge Adolfo Bagnasco and other judges into 
the fate of babies whose mothers disappeared after giving birth in 
detention continued. In November 1998, Judge Maria Servini de Cubria 
ordered the arrest of retired Admiral (and former junta member) Emilo 
Massera, also in connection with an investigation into the abduction of 
babies of parents who disappeared. From prison he was moved to a 
hospital for medical treatment. The judge ordered that, when released 
from the hospital, Massera be placed under house arrest due to his age. 
In December 1998, former navy commander Admiral Ruben Franco was 
arrested on suspicion that he was a central organizer of the child 
abductions. Also that month, retired navy Captain Jorge Eduardo Acosta, 
formerly a senior officer at the Naval Mechanics School (site of some 
of the worst atrocities of the dirty war), surrendered and was 
arrested, bringing the total to nine senior officers who were arrested, 
detained, or summoned before various judges investigating the child 
abductions.
    In January Judge Bagnasco ordered into custody former de facto 
President Reynaldo Bignone (who was arrested on January 20 and held on 
the Campo de Mayo army base). In addition to ordering the detention of 
Massera, Franco, and Acosta, the judge also ordered the arrest of 
retired Admiral Antonio Vanek, former army chief Cristino Nicolaides, 
and others. All remained under house arrest at year's end, with the 
exception of Acosta, who was held at a military facility.
    On December 3, the authorities arrested former General Guillermo 
Suarez Mason in connection with the investigation of the theft of 
babies from women in torture centers. Suarez Mason was among those 
President Menem pardoned in 1990, and was the ninth senior junta 
official allegedly involved in kidnaping babies and changing their 
identities.
    On September 9, the federal appeals court issued a ruling that 
confirmed the continuing house arrest of Massera, Videla, and the other 
defendants; found that they had not been tried for theft of babies in 
their original 1985 trial on human rights charges; that the case did 
not fall under the jurisdiction of military justice, had not expired 
due to the passage of time; and that the crimes in question had no time 
limit under international law. The court also required that the 
investigating judge question several of the defendants again.
    Judicial authorities undertook several searches on military 
installations for information on the theft of babies. In addition, the 
Government created a reparation fund to be used by the Grandmothers of 
the Plaza de Mayo in carrying out activities to find and return 
children stolen from their parents during the 1976-83 military regime. 
The fund authorized $600,000 (600,000 pesos) over 2 years, starting in 
January.
    In May a federal court in Cordoba province detained army Major 
Luciano Quiroga for allegedly gathering information on judicial efforts 
underway in the investigation on the military's role in the theft of 
babies. Army Chief of Staff Martin Balza subsequently suspended Quiroga 
and three other officials, a first step toward discharge, while 
investigating the charges.
    In late December, Congress voted to block former General Antonio 
Bussi, who is charged with human rights abuses including torture and 
deprivation of liberty during the period of the dirty war, from taking 
his seat in the legislature. At year's end, the rules committee of the 
Chamber of Deputies was reviewing his right to be seated.
    On June 7, President Menem relieved General Eduardo Cabanillas from 
command of the Army's II Corps, based on his distribution of a book 
entitled ``Subversion: the Forgotten History,'' which contained harsh 
criticism of the Government, the business sector, the media, and 
political parties. However, early in June, a military tribunal tried 
Cabanillas for human rights abuses, including torture, theft of babies, 
and deprivation of due process, committed during the dictatorship. The 
trial followed allegations in the press that Cabanillas was involved in 
the theft of babies of women who had disappeared. While the court 
dropped the charges for lack of evidence, the army chief asked for his 
resignation. Cabanillas refused, stating that only the President could 
remove him from his post. In July President Menem discharged Cabanillas 
for insubordination.
    In a disappearance case separate from the theft of babies, in 
September the Supreme Court ruled that Admiral Massera personally must 
pay $120,000 (120,000 pesos) to a survivor of the Tarnopolsky family, 
many of whose members disappeared during the military regime.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture, and the Criminal Code 
provides penalties for torture that are similar to those for homicide; 
however, police torture and brutality remain serious problems (see 
Section 1.a.). Human rights organizations described widespread police 
brutality, the use of torture on suspects, and corruption within the 
police forces. In June 1997, the United Nations Committee against 
Torture criticized the Government for tolerating continued brutality 
and the use of torture in police stations and prisons. In December 
1998, the Government responded to the U.N. committee's criticism but 
did not make its reply public.
    In May the authorities detained three police officers in Buenos 
Aires province for the alleged torture of several persons who were held 
on suspicion of killing a police official. In Rosario (Santa Fe 
province), the authorities imposed sanctions ranging from transfers to 
suspensions on nine police officers for seriously beating two youths 
who were arrested for creating a public disturbance in June. In August 
several witnesses alleged torture in the city of Buenos Aires by police 
who sought corroborating evidence against a suspect.
    At mid-year the authorities were investigating two police officers 
in Buenos Aires province for forcing prostitutes (who were minors) to 
perform sexual acts to avoid being tried in the juvenile criminal 
system. They indicted the officers for abuse of authority, extortion, 
and failing to carry out the duties of their office, among other 
offenses. In January Mendoza province undertook a wide-ranging purge of 
police ranks, when the authorities relieved 100 police officials from 
duty for presumed involvement in murders, torture, and abuses of civil 
rights. By year's end, they dismissed 34 additional officials on 
charges of misconduct. Among those discharged were eight officials 
involved in the case of Sebastian Bordon (see Section 1.a.).
    Police used tear gas and rubber bullets to disperse violent 
protesters on numerous occasions, resulting in injuries (See Section 
2.b.). In a number of incidents, they used deadly force (see Section 
1.a.).
    Police at times threatened journalists (see Section 2.a.).
    The Commission for Relatives of Victims of Social and Institutional 
Violence (Cofavi) works to obtain justice in instances of police 
brutality.
    In July the local headquarters of the Radical Civic Union (UCR) 
political party in Corrientes province were firebombed and destroyed; 
attackers also attacked the headquarters of a provincial opposition 
party and that of the Peronists with Molotov cocktails. In mid-
September several small handmade bombs exploded outside the 
headquarters in Buenos Aires of the three major presidential 
candidates. An unknown group, the Argentine Resistance Command, claimed 
responsibility. No one was injured.
    Prison conditions are poor. Many prisons and jails are overcrowded, 
and some facilities are old and dilapidated. In the Buenos Aires 
provincial prisons, 3,100 prisoners awaited trial at mid-year. The 
provincial government has considered various solutions, including 
renting temporary warehouse quarters, and was considering building 18 
new prisons in various police districts. In the provincial capital, La 
Plata, 290 persons were being held for trial in an area with an 
original capacity of 100. In February five prisoners were wounded in a 
prison uprising in Buenos Aires province; the inmates appealed for 
better conditions in the prison, which had been opened the previous 
year.
    The Government permits prison visits by independent human rights 
monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Penal Code places 
limits on the arrest and investigatory power of the police and the 
judiciary; however, provincial police sometimes ignored these 
restrictions and arbitrarily arrested and detained citizens. Human 
rights groups find it difficult to document such incidents and state 
that victims are reluctant to file complaints because they fear police 
retaliation or do not believe that their complaints would do any good.
    Police may detain suspects for up to 10 hours without an arrest 
warrant if the authorities have a well-founded belief that suspects 
have committed, or are about to commit, a crime, and if they are unable 
to identify themselves. However, human rights groups argue that this 
provision of law is widely abused, and that police often ignore the 
requirement that suspects must be unable to identify themselves, and 
often detain suspects who in fact do have identification.
    Police occasionally detain teenagers and young adults, sometimes 
overnight, sometimes for an entire weekend, without formal charges. 
They do not always provide such detainees with the opportunity to call 
their families or an attorney. These detainees are released only upon a 
complaint from relatives or legal counsel.
    In April the authorities investigated three Federal Police 
officials for fabricating charges against two persons in the Federal 
capital. Seventeen similar cases had been reported in the preceding 5 
years.
    In August the Government relaxed policies on police use of weapons. 
Officers may now fire at suspects without prior verbal warning in 
certain situations.
    The authorities in Buenos Aires province indicted several police 
officials for conspiracy, hiding evidence, abuse of authority, and 
hiding public documents. Then-provincial Minister of Security Leon 
Arslanian relieved 1 official and suspended 19 others during the 
investigation. The officials allegedly hid or destroyed report files of 
about 200 crimes, with the apparent objective of reducing crime 
figures.
    In March the Federal Government promulgated Decree 150, which 
instructs police to prevent conduct that ``without constituting 
misdemeanors nor infractions in the Code of Misdemeanors, should be 
avoided.'' This decree is interpreted to allow the police to detain 
persons for carrying suspicious objects or potential weapons. Critics 
complained that the decree revived the old police edicts that had been 
in effect until the Buenos Aires City Council passed its Code of 
Misdemeanors in March 1998. Human rights groups had long argued that 
these edicts were used as an excuse for arbitrary detentions, 
particularly of young persons, immigrants, prostitutes, and 
transvestites. In a police sweep in downtown Buenos Aires 2 weeks after 
the decree was promulgated, authorities detained 21 persons under 
thatdecree and another law that allows police to check criminal 
records. The police said that the detainees were ``intending to commit 
misdemeanors,'' although none were apprehended while committing a 
crime. Further massive sweeps did not occur.
    The law provides for the right to bail, and it is utilized in 
practice. Nonetheless, the law allows pretrial detention for up to 2 
years, and the slow pace of the justice system often results in lengthy 
pretrial detentions. If convicted, a prisoner usually receives credit 
for time already served. Three-fourths of the inmates in the federal 
prisons of the greater Buenos Aires area were reportedly in pretrial 
detention. In the prison system of the province of Buenos Aires, this 
figure was reported to be as high as 90 percent.
    The law does not permit forced exile, and it is not used.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, while the judiciary is nominally 
independent and impartial, its processes are inefficient, complicated, 
and, at times, subject to political influence. The system is hampered 
by inordinate delays, procedural logjams, changes of judges, inadequate 
administrative support, and incompetence. Allegations of corruption are 
widely reported, especially in civil cases. In May 1998, the Justice 
Minister stated that ``the system is in crisis.''
    The judicial system is divided into federal and provincial courts, 
each headed by a Supreme Court with chambers of appeal and section 
courts below it.
    The Council of the Magistracy, created by the 1994 constitutional 
reform but not established until 1997, has responsibility for 
appointing and removing federal judges and administering the federal 
court system. It began the process of selecting judges in several parts 
of the country in September. Nonetheless, it still does not function 
fully; judicial vacancies have accrued, and roughly 200 impeachment 
cases against judges remain to be resolved.
    Trials are public, and defendants have the right to legal counsel 
and to call defense witnesses. A panel of judges decides guilt or 
innocence. The law does not mandate a trial by jury. Federal and 
provincial courts continued the transition to oral trials in criminal 
cases, instead of the old system of written submissions. However, 
substantial elements of the old system remain. For example, before the 
oral part of a trial begins, judges receive written documentation 
regarding the case, which, according to prominent legal experts, can 
bias a judge before oral testimony is heard. Lengthy delays in trials 
are a problem.
    In June 1998, the Government allowed Father Juan Antonio Puigjane 
to leave prison and serve the remainder of his term under house arrest. 
Puigjane, a Capuchin monk, was a leader of the leftist ``All for the 
Fatherland'' movement, which in 1989 assaulted the La Tablada army 
barracks near Buenos Aires. Although he did not take part in the 
assault and denied any foreknowledge of it, the court sentenced him to 
20 years in prison. He becomes eligible for parole in 2000. Some 
international human rights groups claim that Puigjane was jailed for 
political reasons, but the Government maintains that he and the 19 
others sentenced with him were tried and convicted properly of 
involvement in a violent rebellion against a democratically elected 
government.
    The release of Puigjane followed the publication of a report by the 
Inter-American Commission on Human Rights (IACHR) on La Tablada, in 
which the IACHR absolved the Government of the use of excessive force 
in repelling the assault but concluded that the Government committed 
human rights violations after the attackers had surrendered. The 
Commission also found that the Defense of Democracy Act, under which 
the La Tablada defendants were tried and convicted, effectively denied 
them the right of appeal. In 1998 the Human Rights Committee of the 
lower house of Congress drafted a bill to amend the law in this 
respect, but it was unclear whether this bill, if passed into law, 
would retroactively benefit the La Tablada defendants. At year's end, 
the bill was still pending.
    There were no other reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, and the 
Government generally respects these prohibitions. Violations are 
subject to legal sanction, although in practice, local police have the 
right to stop and search individuals without probable cause.
    Several highly publicized cases of unauthorized telephone wiretaps 
in recent years raised public concern, and the Government introduced a 
bill in Congress in 1998 to prevent such activities, including the 
unauthorized recording of telephone conversations, the unauthorized 
photographing or filming of private acts, and the dissemination of such 
unauthorized records. A group of prominent journalists warned that the 
proposed law could be used to abridge the public's right to 
information, under the guise of protecting the right to privacy. The 
Senate approved the bill at the end of 1998, but the Chamber of 
Deputies had not taken up the bill by year's end.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government respects these 
rights in practice.
    A number of independent newspapers and magazines publish freely, 
and all print media are owned privately. Privately owned radio and 
television stations broadcast freely. The Federal Government still owns 
the Telam wire service, a television station, and a radio network. A 
few provincial governments also own broadcast media.
    Nonetheless, organizations of journalists expressed concern over a 
number of developments during the year, including violence and threats 
against journalists, the growing concentration of media ownership, 
criticisms of the press by public officials, findings against 
journalists by the Supreme Court, and the failure to bring the Cabezas 
murder case to a close (see Section 1.a.).
    Four provincial police were under arrest and awaiting trial in the 
case of the January 1997 killing of news photographer Jose Luis 
Cabezas. After the May 1998 suicide of business executive Alfredo 
Yabran, a business executive suspected of instigating the murder, the 
investigation closed in December 1998, with 17 persons named as 
possible defendants. However, the investigating judge moved to another 
position, and at year's end, a trial date had not been set.
    In the spring, a court gave journalist Eduardo Kimel a year's 
prison sentence (suspended) and imposed a fine of $20,000 (20,000 
pesos) for comments made in a book titled ``La Masacre de San 
Patricio.'' On April 16, the OAS Special Rapporteur for Freedom of 
Expression issued a statement criticizing this ruling as an 
infringement on freedom of expression.
    In March the authorities discharged two police officers in the 
province of Mendoza for threatening journalists.
    On May 13, unknown individuals killed Ricardo Gangeme, a newspaper 
editor in Chubut province. Government investigators ruled out theft as 
a motive and suspect that it was a crime of vengeance. The authorities 
arrested six persons for Gangeme's murder; at year's end, they had not 
yet set a trial date.
    In May 1988, Amnesty International stated that there was ``a 
prevailing climate of intimidation against journalists,'' and an 
``increasing frequency of attacks, death threats, and harassment.'' In 
a report issued in September 1998, the Association for the Defense of 
Independent Journalism, a group of prominent journalists, concluded 
that, in view of such threats and of the authorities' failure to bring 
to justice the murderers of Cabezas, ``the freedom of the press 
existing in our country since 1983 is seriously compromised.'' However, 
despite the chilling effect of the Cabezas murder, the press continued 
to report and criticize freely.
    The law provides for academic freedom, and the Government respects 
this in practice. In May students protested cuts in the federal 
education budget (see Section 2.b.).
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
and the law provide for freedom of assembly, and the Government 
respects this right in practice. In March the executive branch issued a 
decree that allowed the Federal Police to detain persons who took part 
in ``tumultuous meetings''that disturbed public tranquility. Provincial 
police clashed with public sector protesters numerous times throughout 
the year; security forces typically used rubber bullets and tear gas to 
disperse protests that turned violent. However, in a number of 
incidents the police used deadly force against demonstrators (see 
Section 1.a.).
    In March a protest march during a visit by Prince Charles of the 
United Kingdom turned violent and resulted in 7 police injuries and 57 
arrests. In May students blocked streets in Buenos Aires for several 
days, protesting cuts in the federal education budget. In May in 
Resistencia, Chaco province, police used heavy batons, rubber bullets, 
and tear gas to prevent public sector employees who were demonstrating 
from reaching the provincial executive offices. In June President Menem 
authorized the use of border police to remove a group of demonstrators 
who occupied the provincial legislature in Corrientes. In July clashes 
between protesters and police in Corrientes left a reported 25 
demonstrators wounded. On August 11, police repelled protesters in 
Tucuman province with rubber bullets and tear gas; more than 30 persons 
were injured, including security officers. In December police injured 
over 40 protesters (and 2 persons were killed in as yet undetermined 
circumstances) in Corrientes (see Section 1.a.).
    The Constitution and the law provide for freedom of association, 
and the Government respects this right in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice. The 
Constitution states that the Federal Government ``sustains the 
Apostolic Roman Catholic faith,'' and the Government provides the 
Catholic Church with a subsidy of $15 million (15 million pesos), which 
is administered through the Secretariat of Worship in the Office of the 
Presidency. Religious organizations that wish to hold public worship 
services and to obtain tax exempt status must register with the 
Secretariat. Possession of a place of worship, an organizational 
charter, and an ordained clergy are among the criteria the Secretariat 
considers in determining whether to grant or withdraw registration.
    Registered religious organizations may bring foreign missionaries 
to the country by applying to the Secretariat of Worship, which in turn 
notifies the immigration authorities so that the appropriate 
immigration documents may be issued.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution and laws provide for 
these rights, and the Government respects them in practice.
    In February members of the Roman Catholic Church complained that 
poor immigrants had difficulty paying the costs to arrange their 
residency documents and that the government immigration bureaucracy was 
excessive.
    A committee composed of representatives of the Ministries of 
Justice, Foreign Relations, and the Interior determines grants of 
refugee status, using the criteria of the 1951 U. N. Convention 
Relating to the Status of Refugees and its 1967 Protocol. A 
representative of the U.N. High Commissioner for Refugees may 
participate in committee hearings, but may not vote. The Government has 
granted refugee status to numerous persons and accepted them for 
resettlement. The issue of the provision of first asylum did not arise 
in 1999.
    In March the Government granted asylum to Paraguayan former general 
and coup plotter Lino Oviedo, who fled that country after the 
assassination of the Vice President, in which Oviedo allegedly was 
implicated.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic free and fair elections held on the basis of universal 
suffrage. In October voters elected Fernando de la Rua, leader of an 
opposition alliance, as President; he succeeded President Carlos Saul 
Menem of the Justicialist Party on December 10.
    In December President de la Rua requested and received 
congressional permission to suspend all three branches of the 
Corrientes provincial government and take direct federal control of the 
province. Public workers, including teachers, court workers, and public 
hospitals had been on strike or limiting services for much of the year, 
due to the provincial government's inability to pay salaries.
    There are no legal impediments to participation by women and 
minorities in politics and government; however, they remain 
underrepresented. The Constitution stipulates that the internal 
regulations of political parties and party nominations for elections be 
subject to affirmative action requirements to increase women's 
representation in elective offices. A 1991 law mandates the use of 
gender quotas by all political parties in national elections. A 1993 
decree requires a minimum of 30 percent of all political party lists of 
candidates be female. As a result, the presence of women in Congress is 
increasing. About one-fourth of the 257 members of the lower house are 
women. However, gender quotas do not apply in the Senate, in which 
members are chosen by provincial legislatures, and membership in the 
72-seat Senate is overwhelmingly male.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of domestic and international human rights groups 
operate without government restriction, investigating and publishing 
their findings on human rights cases. The Government is generally 
cooperative, although not always responsive to their views.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution and laws provide for equal treatment for all 
citizens. A 1988 law provides for prison terms of up to 3 years for 
discrimination based on race, religion, nationality, ideology, 
political opinion, sex, economic position, social class, or physical 
characteristics.
    Women.--Violence and sexual harassment against women are problems, 
but the dimensions are difficult to measure. The only available 
statistics are those based on the number of cases reported to police, 
but the number of unreported cases is unknown. The National Council of 
Women, a governmental organization created in 1992, has worked with the 
U.N. Children's Fund (UNICEF) on the design and implementation of 
software that would standardize data from numerous sources and permit a 
more accurate evaluation of the scope of the problem. The council also 
established a web site with information for women.
    In 1994 Congress passed the Law on Protection against Family 
Violence, which authorizes a judge to order an offender excluded from 
the home. However, human rights groups criticized this law as 
insufficient to address the problem. NGO's working in the area of 
women's rights stress that women too often do not have a full 
understanding of their rights. They are uncertain what constitutes 
sexual harassment, what can be considered rape, or when physical and 
mental abuse is considered a punishable crime.
    Rape is a problem, but reliable statistics as to its extent were 
not available. Marital rape and acquaintance rape are recognized by 
law, as long as there is force involved, but the need for proof, either 
in the form of clear physical injury or the testimony of a witness, 
often presents a problem. A rapist is not prosecuted if he offers to 
marry the victim and she accepts. In May Congress passed a law that 
expanded the definition of punishable sexual violations beyond forcible 
intercourse and increased the severity of punishments.
    Public and private institutions offer prevention programs and 
provide support and treatment for women who have been abused, but 
transitory housing is almost nonexistent. The Buenos Aires municipal 
government operates a small shelter for battered women and a 24-hour 
hot line offering support and guidance to victims of violence, but few 
other shelters are known to exist.
    Women encounter economic discrimination and occupy a 
disproportionate number of lower paying jobs. Often they are paid less 
than men for equivalent work, even though this is prohibited explicitly 
by law. Working women also are represented disproportionately in the 
informal sector, whereeffectively they are denied work-related economic 
and social benefits enjoyed by registered workers. The underemployment 
rate for women was twice as high as that of men, according to 
government statistics. In March 1998, President Menem signed a decree 
calling for the ``design and implementation of policies, plans, and 
programs to promote the incorporation of women into the work force on 
an equal footing with men.''
    The National Council of Women carries out programs to promote equal 
opportunity for women in education and employment, encourage the 
participation of women in politics, and support women's rights programs 
at the provincial level.
    Children.--Education is compulsory, free, and universal for 
children up to the age of 15. However, adequate schooling is 
unavailable in some rural areas. There are numerous health care 
programs for children, although not all children have access to them. 
The Ministry of Interior's Subsecretariat for Human and Social Rights 
works with UNICEF and other international agencies to promote 
children's rights and well-being.
    There is no pattern of societal abuse of children, but 
nongovernmental and church sources indicate that child abuse and 
prostitution are on the rise. The National Council on Children and the 
Family believes that those affected tend to be younger than previously 
thought. The Council, which the Government established in 1990, works 
with federal and local agencies to improve child protection programs. 
In June the National Census Bureau reported that in 1998 4.5 million 
children under age 14--45 percent of children in that age group--lived 
in impoverished conditions. Street children can be seen in some large 
cities, although there are no reliable statistics on their numbers.
    People with Disabilities.--A 1994 law aimed at eliminating barriers 
to disabled persons regulates standards regarding access to public 
buildings, parks, plazas, stairs, and pedestrian areas. Street curbs, 
commuter train stations, and some buildings in Buenos Aires have been 
modified to accommodate wheelchairs, but some public buildings and 
lavatories are still inaccessible to the disabled.
    The law prohibits discrimination against disabled persons in 
employment, education, and the provision of other state services, and 
mandates access to buildings for the disabled. There was some progress 
in these areas. The National Advisory Commission on the Integration of 
People with Disabilities--a governmental office--and numerous 
nongovernmental groups were active in defending the rights of the 
disabled and helping them find employment. Since the establishment of 
the National Program Against Discrimination (INADI) in 1994, the 
largest single group bringing complaints has been the disabled. INADI 
received approximately 300 complaints of discrimination based on 
disability between December 1997 and July 1999.
    Indigenous People.--The Constitution, as amended in 1994, 
recognizes the ethnic and cultural identities of indigenous people and 
states that Congress shall ensure their right to bilingual education, 
recognize their communities and the communal ownership of their 
ancestral lands, and ensure their participation in the management of 
their natural resources. The National Institute of Indigenous Affairs 
(INAI) is the government agency responsible for implementing these 
provisions.
    The principal indigenous groups--the Kollas in Salta and Jujuy, the 
Mapuches in the Patagonian provinces, and the Wichis and Tobas in the 
northern provinces--represent less than 5 percent of the national 
population. The INAI estimates that there are 700,000 indigenous 
people, most of whom reside in rural areas. However, the 
nongovernmental Indigenous Association of the Argentine Republic 
estimates the indigenous population at 1.5 million. Other demographers 
in recent years have set the figure no higher than 450,000. To clarify 
the issue, the 2000 national census is to collect information about 
indigenous identity for the first time.
    Census data show that poverty rates are higher than average in 
areas with large indigenous populations. Indigenous people have higher 
rates of illiteracy, chronic disease, and unemployment. Government 
efforts to offer bilingual education opportunities to indigenous people 
were hampered by a lack of trained teachers.
    Since 1994 the Government has restored approximately 2.5 million 
acres of land to indigenous communities. Nonetheless, somecommunities 
were involved in land disputes with provincial governments and private 
companies.
    Religious Minorities.--There were a number of reports of anti-
Semitic vandalism, threats, and occasional instances of anti-Semitic 
violence. In April the Government applied the 1988 Antidiscrimination 
Law to send Ricardo Russo to prison for 2\1/2\ years for inciting anti-
Semitism.
    On September 17-18, unknown vandals desecrated some 63 graves at 
the Jewish cemetery in La Tablada, and in October unknown individuals 
desecrated the graves of 11 children at the Jewish cemetery in Liniers, 
both in Buenos Aires province. Investigations continued into vandalism 
at Jewish cemeteries in Ciudadela (1998) and La Tablada (1997), but 
there were no arrests. In August two Jewish families received 
telephonic threats and packages containing elements of an explosive 
device.
    In April 1998, a court sentenced three Buenos Aires youths to 3 
years in prison for assaulting a man in 1995 whom they believed to be 
Jewish. It was the first instance of an oral trial under the 
Antidiscrimination Law. The court found that the three had acted out of 
``hatred due to race, religion, or nationality,'' and they were given 
the maximum penalty provided by the law. At the sentencing in April, 
some persons in the courtroom shouted anti-Semitic remarks. The 
Interior Ministry's National Institute Against Discrimination, the 
nongovernmental Permanent Assembly for Human Rights, and the Delegation 
of Jewish-Argentine Associations filed suit demanding that the 
perpetrators be identified and tried under the Antidiscrimination Law. 
The defendants were released from prison in August 1998, pending an 
appeal. Early in the year, the appeals court overturned the sentence, 
ruling that it had not been proven that the attack was racist in 
nature. The court ordered that the defendants be tried on charges of 
aggravated assault, and the case is scheduled to go before the Supreme 
Court.
    Investigations continued into the 1992 bombing of the Israeli 
Embassy in Buenos Aires and the 1994 bombing of the city's Jewish 
community center (AMIA). On February 24, the chief prosecutor in the 
investigation ruled that there was insufficient evidence to charge 
Iranian Nasrim Mokhtari in the AMIA bombing, and on July 16, the 
Supreme Court ruled that she could leave the country. The prosecutor 
also ruled in February that Islamic Jihad could have been responsible 
for the bombing, although he did not make a formal declaration to that 
effect. Wilson Dos Santos, who reportedly had linked Mokhtari to the 
bombing, again recanted his testimony from early in the year; the press 
reported in July that he had offered to return and testify in exchange 
for money. An investigator interviewed him in Brazil, evaluated the 
proposed testimony, and rejected his offer.
    In March the prosecutor in the AMIA bombing ordered the release 
from detention of five former police officers, who had been detained 
for (but not convicted of) a variety of crimes in conjunction with the 
bombing. Their release was based upon the fact that they had served 
more than half of the minimum time they could have received if 
convicted. Two officers had been released previously. In May six of the 
men were taken into custody again for questioning on their possible 
connection to a stolen van used in the AMIA bombing. Four former police 
officers and a mechanic remain in jail, charged for their involvement 
in the AMIA bombing. In July the authorities brought charges against 
all 17 suspects held in connection with the case. Trials had not begun 
at year's end.
    The AMIA center reopened in September; since then unknown persons 
made bomb threats against it on several occasions.
    In September the Supreme Court issued an arrest warrant for 
Lebanese citizen Imad Mouyhine in connection with the Israeli Embassy 
bombing. On May 5, the Interior Minister called for an investigation 
into an audiotape that reportedly contained an order from a policeman 
redirecting a patrol car from the area around the embassy just before 
the bombing. In May the chief investigators reported that the explosion 
was the result of a car bomb and formally determined that Islamic Jihad 
was responsible for the bombing.
    In February a youth attending an outdoor evangelical event in 
suburban Buenos Aires was shot and killed by an unknown sniper who 
remains at large.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right to form ``free and democratic labor unions, recognized by simple 
inscription in a special register,'' and this right is observed in 
practice. With the exception of military personnel, all workers are 
free to form unions. An estimated 35 percent of the work force is 
organized. Trade unions are independent of the Government and political 
parties, although many union leaders traditionally have supported the 
Justicialist Party. Most unions are affiliated with the General 
Confederation of Labor. A smaller federation, the Argentine Workers' 
Central, also is recognized legally.
    The Constitution provides for the right to strike, and this right 
is observed in practice. During the year, there were scattered local 
work stoppages and several unions, including transport workers, 
farmers, and teachers, initiated separate nationwide labor strikes of 
several days' duration.
    Unions are free to join international confederations without 
government restrictions; many unions also are active in international 
trade secretariats.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides unions with the right to negotiate collective 
bargaining agreements and to have recourse to conciliation and 
arbitration, and these rights are observed in practice. The Ministry of 
Labor and Social Security ratifies collective bargaining agreements, 
which cover roughly three-fourths of the work force. In recent years, 
most collective bargaining agreements have been negotiated at the plant 
level. However, in September 1998 Congress passed amendments to 
existing labor laws, one of which reserved to national unions the right 
to represent workers at the collective bargaining table, or to delegate 
this authority to lower-level unions. The new law also called for the 
creation of a mediation and arbitration service within the Ministry of 
Labor and Social Security to intervene in collective bargaining if 
requested by labor and management; at year's end, this service had not 
yet been established.
    The law prohibits antiunion practices, and the Government enforces 
this prohibition.
    Export processing zones exist or are planned in several provinces. 
The same labor laws apply within these zones as in all other parts of 
the country.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, and there were no reports that it was used. 
The law also prohibits forced and bonded labor by children, and the 
Government enforces this prohibition effectively.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits employment of children under 14 years of 
age, except in rare cases where the Ministry of Education may authorize 
a child to work as part of a family unit. Children between the ages of 
14 and 16 may work in a limited number of job categories, but not more 
than 6 hours a day or 35 hours a week. The Ministry of Labor chairs the 
National Commission for the Prevention and Eradication of Child Labor, 
working with government, organized labor, the business community, 
religious groups, UNICEF, and NGO's. In June 1998, the Commission 
adopted a national plan to eliminate child labor; it still is 
developing programs to implement this plan.
    A 1993 law requires that all children receive a minimum of 9 years 
of schooling, beginning at age 6. The effect of the law was to raise to 
15 the minimum age at which children may be employed.
    Government census figures indicate that about 5 percent of children 
between the ages of 6 and 14 are employed, most with older family 
members. Local NGO's note that the figure is imprecise and could be as 
high as 10 percent. In the greater Buenos Aires area, 12,500 children 
age 14 and below are in the work force. In a 1997 report, UNICEF stated 
that 252,000 children between the ages of 6 and 14 were employed--
183,500 in urban areas and 68,500 in the country, principally 
harvesting tea and tobacco.
    The Government prohibits forced and bonded child labor, and there 
were no reports of its use (see Section 6.c.).
    e. Acceptable Conditions of Work.--The monthly national minimum 
wage is $200 (200 pesos), which is not sufficient to provide a decent 
standard of living for a worker and family.
    Federal labor law sets standards in the areas of health, safety, 
and hours. The maximum workday is 8 hours, and the maximum workweek is 
48 hours. Overtime payment is required for hours worked in excess of 
these limits. The law also sets minimums for periods of rest and paid 
vacation. However, laws governing acceptable conditions of work are not 
enforced universally, particularly for the salaried workers in the 
informal sector (roughly 40 percent of the work force).
    Occupational health and safety standards still are being developed, 
but federal and provincial governments lack sufficient resources to 
enforce them fully. Employers are required by law to insure their 
employees against accidents at the workplace, and when traveling to and 
from work. However, a rash of accidents in the construction industry in 
1998 led to demands that the law be strengthened. Workers have the 
right to remove themselves from dangerous or unhealthful work 
situations, after having gone through a claim procedure, without 
jeopardy to continued employment. Nonetheless, workers who leave the 
workplace before it has been proven unsafe risk being fired; in such 
cases, the worker has the right to judicial appeal, but the process can 
be very lengthy.
    f. Trafficking in Persons.--While there are no laws specifically 
addressing trafficking in persons, laws against child abuse provide 
penalties for trafficking for purposes of prostitution, and other laws 
prohibit alien smuggling, indentured servitude, and similar abuses.
    Although there were no reports of persons trafficked in, to, or 
from the country, police in Spain apprehended two Argentine citizens 
whom they charged with trafficking in women for purposes of 
prostitution.
                                 ______
                                 

                                BAHAMAS

    The Commonwealth of the Bahamas is a constitutional, parliamentary 
democracy and a member of the Commonwealth of Nations. Queen Elizabeth 
II, the nominal head of state, is represented by an appointed Governor 
General. Prime Minister Hubert A. Ingraham's Free National Movement 
(FNM) has controlled the Government and Parliament since August 1992. 
The judiciary is independent.
    The police and the small Bahamas Defence Force answer to civilian 
authority. There continue to be reports that police occasionally 
committed human rights abuses.
    The economy depends primarily on tourism, which accounts for nearly 
two-thirds of the gross domestic product. Financial services, 
particularly offshore banking and trust management, are also a major 
source of revenue. While some citizens enjoy relatively high income 
levels, there is considerable underemployment and poverty. According to 
the Government's survey in May, the unemployment rate fell to about 7.8 
percent.
    The Government generally respects the human rights of its citizens; 
however, problems remain in several areas. There were reports that 
police occasionally beat and abused detainees, and prison conditions 
remain harsh. The police occasionally use arbitrary arrest, and lengthy 
pretrial detention and delays in trials are problems. Violence and 
discrimination against women, and violence against children also are 
problems. Discrimination against the disabled and persons of Haitian 
descent persists.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture and other cruel and 
degrading treatment or punishment; however, the police occasionally 
beat and otherwise abused criminal suspects. Many of the charges of 
abuse involved beatings in order to extract confessions. Police 
officials continued to deny that there have been violations of 
defendants' rights. According to the officials, these rights are 
protected by the trial judge, who determines the admissibility of the 
defendant's statement as evidence at trial.
    The Police Complaints and Discipline Unit, which reports directly 
to senior police officials, is responsible for investigating 
allegations of police brutality. This unit determines if enough 
evidence of abuse or misconduct exists in a particular case to warrant 
discipline within the police system or, in some instances, criminal 
prosecution by the Attorney General. Local human rights observers doubt 
the police force's ability to investigate itself impartially in cases 
of alleged abuse and misconduct and believe that many incidents of 
improper police behavior go unreported. Police officials insist that 
their investigations are fair and thorough.
    In 1998 the number of complaints against the police had dropped to 
212 from 275 in 1997. Of that number, 15 resulted in disciplinary 
action, 76 were found to be unsubstantiated, 5 were withdrawn, and 116 
were still under investigation at the end of that year. The acting 
Police Commissioner stated that the 1999 figures were expected to be 
lower than in 1998. Police officials believe that a continuing turnover 
in personnel is the contributing factor in disciplinary cases. There 
are approximately 2,200 officers to police a total population 
(excluding tourists) of 293,000.
    Corporal punishment--abolished in 1984--was reinstated in 1991.
    Conditions at Fox Hill, the only prison, continued to improve, but 
remain harsh and overcrowded. The men's maximum-security block, 
originally built in 1953 to house 400 to 600 inmates, holds nearly 800 
of the prison's total of over 1,400 inmates. The remaining prisoners 
are housed in medium- and minimum-security units, which are currently 
at, or above, maximum capacity. The prison's female population is 
around 40 inmates, considerably less than the female unit's full 
capacity of 200. Male prisoners are crowded into poorly ventilated 
cells that generally lack regular running water. There are no 
separatefacilities for inmates being held on ``remand'' (detention 
pending trial or further court action), although some eventually are 
segregated in a medium security wing after being processed through 
maximum security. All inmates are screened for infectious diseases, and 
prison officials estimate that about 7 percent of the incoming prison 
population is infected with the HIV virus. Most prisoners lack beds. 
Many of them sleep on concrete floors and are locked in their cells 23 
hours per day. Facilities for women are less severe and have running 
water. Organizations providing aid, counseling services, and religious 
instruction have regular access to inmates.
    The Government has provided funds for improvements in prison 
facilities and prisoner rehabilitation programs. Prison officials have 
instituted some technical and vocational programs, and correctional 
officers are undergoing instruction to become certified trainers. 
Modern training facilities are equipped with new computers, and the 
prison also offers some educational and literacy programs for 
prisoners. The prison is constructing a new 80-cell maximum security 
building. This building, which is to have larger cells and more 
extensive plumbing, should provide some relief of the overcrowding in 
the existing block. Prison officials plan to renovate the current 
maximum security unit once the new building is in service.
    Domestic and international human rights groups were able to visit 
the prison during the year.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention; however, police occasionally 
arbitrarily arrest and detain persons. In general, the authorities 
conduct arrests openly and, when required, obtain judicially issued 
warrants. The Government respects the right to a judicial determination 
of the legality of arrests.
    Serious cases, including those of suspected narcotics or firearms 
offenses, do not require warrants where probable cause exists. Arrested 
persons appear before a magistrate within 48 hours (or the next 
business day for cases arising on weekends and holidays) to hear the 
charges against them. They may hire an attorney of their choice, but 
the Government does not provide legal representation except to 
destitute suspects charged with capital crimes. Some local legal 
professionals and human rights observers believe that this lack of 
representation risks hasty convictions on the basis of unchallenged 
evidence, particularly in the case of poor or illiterate defendants. 
However, there is no statistical evidence to indicate that this is more 
than an occasional problem.
    The Bail Act prohibits bail for repeat offenders and those accused 
of certain violent crimes. Judges tend not to grant bail to foreign 
suspects, particularly on more serious offenses, since the authorities 
consider foreign offenders more likely to flee if released on bail. 
Judges sometimes authorize cash bail for foreigners arrested on minor 
charges, but in practice, foreign suspects generally prefer to plead 
guilty and pay a fine rather than pursue their right to defend 
themselves, given possible delays in court cases and harsh conditions 
in the prison. Attorneys and other prisoner advocates continue to 
complain of excessive pretrial detention.
    The authorities detained illegal immigrants, primarily Haitians and 
Cubans, at the detention center located off Carmichael Road until 
arrangements could be made for them to leave the country, or they 
obtain legal status. Conditions at the detention center were Spartan, 
but the authorities do not hold most detainees for an excessively long 
period of time. Female and child detainees are housed together with the 
general population and are afforded little privacy. Because of a severe 
shortage of security personnel (8 guards for a detainee population that 
can range between 150 and 500), prisoners have vandalized much of the 
facility. Incidents of antagonism between detainees and guards are 
frequent. Most of these incidents occur among the Cuban detainees, a 
few of whom have been in custody for over a year. Haitians are usually 
repatriated within a few days. Many detainees are provided with food 
and other items by relatives and friends on a regular basis, and those 
who can arrange and finance their repatriation generally are deported 
much more quickly. Illegal immigrants convicted of crimes other than 
immigration violations are held at Fox Hill Prison where they may 
remain for weeks or months after serving their sentences, pending 
deportation.
    In September Hurricane Floyd severely damaged the detention center. 
For safety reasons, the authorities had transferred detainees to 
facilities at Fox Hill Prison before the storm. A number of detainees 
escaped after the storm. At year's end, about 400 detainees were held 
in quarters formerly used by female inmates at Fox Hill; although 
physical conditions were better than those in the center, detainees 
complained of reduced privileges available in the prison compound. A 
new detention center was expected to open in the spring of 2000.
    Exile is illegal and is not used.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and it is independent in practice.
    Magistrate's courts are the lowest level courts and only handle 
crimes with a maximum sentence of 5 years. Trial by jury is available 
only in the Supreme Court, which is the trial court that handles most 
major cases. Its decisions may be appealed to the Court of Appeal, with 
the Privy Council in London being the final court of appeal. The 
Governor General appoints judges on the advice, in most cases, of the 
independent Judicial and Legal Services Commission.
    The justice system derives from English common law. Trials are fair 
and public. Defendants enjoy the presumption of innocence and the right 
to appeal. Defendants can confront and question witnesses against them 
and present evidence on their own behalf. However, the judicial system 
is plagued by a large backlog of cases, and delays reportedly can last 
as long as 2 years. To reduce the backlog, the Government has begun the 
process of streamlining appeals, computerizing court records, and 
hiring new judges, magistrates, and court reporters. The Supreme Court 
established a task force to recommend further reforms in the court 
system.
    Despite these measures to improve efficiency, complaints persist of 
excessive pretrial detention, outdated record-keeping, delayed justice 
for victims, and a lack of updating laws on the books. Some judges have 
been brought in from abroad who are familiar with English common law, 
but lack experience regarding domestic law and procedures. There were 
isolated complaints of deviations from normal, fair court proceedings--
particularly in civil matters--but there were no indications that this 
was a widespread problem.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits arbitrary entry, search, or 
seizure, and the Government generally respects these prohibitions in 
practice. The law usually requires a court order for entry into or 
search of a private residence, but a police inspector or more senior 
police official may authorize a search without a court order where 
probable cause to suspect a weapons violation exists. Such an official 
may also authorize the search of a person (that extends to the vehicle 
in which the person is traveling) without a court order, should 
probable cause exist to suspect drug possession.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Government respects the 
constitutional provision for the right of free expression, and the 
political opposition criticizes the Government freely and frequently. 
Three daily and several weekly newspapers, all privately owned, express 
a variety of views on issues of public interest, including varying 
degrees of criticism of the Government and its policies. Foreign 
newspapers and magazines are readily available.
    There is a government-run radio station and four privately owned 
radio broadcasters. The country's sole television station, the state-
owned Broadcasting Corporation of the Bahamas (ZNS), presents a variety 
of views, although opposition politicians claim with some justification 
that their views do not receive as extensive coverage as those of the 
Government.
    The Government does not restrict academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the authorities respect this 
right in practice. Groups must obtain permits to hold public 
demonstrations; the authorities generally grant such permits.
    The Constitution provides for freedom of association, and the 
authorities respect this right in practice. The law permits private 
associations.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice.
    The Government cooperates with the office of the U.N. High 
Commissioner for Refugees (UNHCR) and other humanitarian organizations 
in assisting refugees.
    There is no legislation to govern the processing of asylum seekers, 
and applications for political asylum are supposed to be adjudicated on 
a case-by-case basis at the cabinet level. The UNHCR has scaled back 
its involvement significantly since the beginning of 1998, leaving the 
screening of asylum applicants to trained immigration officials. Since 
this development, domestic and international human rights observers 
have criticized the Government for failing to screen potential asylum 
applicants adequately. These organizations have claimed that some 
Cubans with legitimate fears of persecution were repatriated without 
first having the opportunity to make a claim for asylum. However, UNHCR 
continues to review Bahamian interview records of Cuban detainees and 
offer advice. Although the repatriation agreement between the Bahamas 
and Haiti expired at the end of 1995, the Government continued to 
repatriate illegal Haitian immigrants based on the terms of that 
agreement. The Government signed a repatriation agreement with Cuba in 
1998. During the year, the authorities repatriated 283 illegal Cuban 
immigrants and 2,886 Haitians. The authorities granted 21 persons 
(including 4 minors) first asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    The Bahamas is a constitutional, parliamentary democracy with two 
major political parties and general elections at least every 5 years. 
An elected Prime Minister and Parliament govern. The political process 
is open to all elements of society, and citizens 18 years of age and 
older are eligible to register and vote; voting is by secret ballot. 
The two principal political parties are the ruling Free National 
Movement and the opposition Progressive Liberal Party (PLP). The PLP 
led the country for 6 years of internal self-government from 1967 to 
1973 and held power from independence in 1973 until 1992. The FNM won 
general elections in 1992 and 1997. The FNM holds 35 of 40 seats in the 
House of Assembly, and the PLP holds 5. Both the ruling party and the 
opposition name members to the upper house, the Senate, in compliance 
with constitutional guidelines. Although it does pass legislation, the 
Senate is primarily a deliberative body that serves as a public forum 
to discuss national problems and policies.
    There are no legal impediments to participation by women in 
government and politics, but women are underrepresented. The 40-seat 
House of Assembly has 6 elected female members, including the speaker 
of the House, and there are 6 appointed female Senators, including the 
government leader in the Senate. The Minister of Foreign Affairs, Janet 
Bostwick, also directs the Bahamian Bureau of Women's Affairs. Women 
also head the Ministry of Education and the Ministry of Labor, 
Immigration, and Training. The Chief Justice of the Supreme Court is a 
woman.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Individual human rights monitors and several domestic human rights 
groups, as well as representatives of international human rights 
organizations, operate freely, expressing their opinions and reporting 
their findings on alleged human rights violations without government 
restriction. The Government allows them broad access to institutions 
and individuals.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Government generally respects in practice the constitutional 
provisions for individual rights and freedoms regardless of race, place 
of origin, political opinion, creed, or sex. However, the Constitution 
and the law contain certain provisions that discriminate against women.
    Women.--Violence against women continues to be a serious, 
widespread problem. Government crime statistics do not separate 
domestic violence from other incidents of violence. However, the 
Government established a nationwide toll-free hot line, with two 
trained volunteers on each of the inhabited islands who are oncall to 
respond in the event of a crisis. Throughout the year, the Government 
and private women's organizations conducted a public awareness campaign 
highlighting the problems of abuse and domestic violence. In May the 
Government authorized the Department of Social Services to establish 
two shelters, which is the first time that it has dedicated premises to 
assist battered women; they were projected to open in the spring of 
2000. The Domestic Court, which deals exclusively with family issues 
such as spousal abuse, maintenance payments, and legal separation, 
continued to receive a high volume of cases. The court can and does 
impose various legal constraints to protect women from abusive spouses 
or companions. However, advocates for women's rights see a need to 
improve the effectiveness of enforcement of the court's orders. They 
cite a general reluctance on the part of law enforcement authorities to 
intervene in domestic disputes and a lack of police training and 
sensitivity in dealing with domestic violence. While police training 
includes some presentations on domestic violence, law enforcement 
authorities admit that the problem has not been a top priority in 
training or resource allocation.
    The Constitution discriminates against women by not providing them 
with the same right as men to transmit citizenship to their foreign-
born spouses. Additionally, the law makes it easier for men with 
foreign spouses to confer citizenship on their children than for women 
with foreign spouses. Some inheritance laws also favor men over women. 
For example, when a person dies without a will, the estate passes to 
the oldest legitimate son, or in cases where there is no son, the 
closest legitimate male relative. Prominent women of all political 
persuasions continue to push for an amendment to the Constitution and 
related laws to redress this situation.
    Women participate fully in society and are well represented in the 
business and professional sectors.
    Children.--The Government places a priority on maintaining adequate 
expenditures for child welfare and education. Public education is 
compulsory for children through the age of 16.
    Awareness of parenting and responsibility for children has 
increased. However, child abuse and neglect remain serious problems, 
and cases of sexual abuse involving children age 14 and under are on 
the rise. The law requires that persons who have contact with a child 
they believe to be sexually abused must report their suspicions to the 
police. However, the same reporting requirement does not apply to cases 
of physical abuse, which health care professionals believe occurs quite 
frequently. The police refer reported cases of sexual and physical 
abuse to the Department of Social Services, which investigates them and 
can bring criminal charges against the perpetrators. The Department may 
remove children from abusive situations if the court deems it 
necessary. In light of increasing awareness of children's issues, in 
April the Government announced that it would subsidize a home for 
sexually and physically abused children. Construction of the new 
facility started in October.
    People with Disabilities.--The Government has constructed 
additional housing units in Nassau designed specifically for the 
disabled, but very few buildings and public facilities are accessible 
to the disabled. Although the 1973 National Building Code mandates 
certain accommodations for the physically disabled in new public 
buildings, the authorities rarely enforce this requirement. The code 
also fails to mandate accommodations in new private buildings, which 
often lack accessibility as well. Advocates for the disabled complain 
of widespread job discrimination and general apathy on the part of 
private employers and political leaders towards their needs for 
training and equal opportunity. They note that there is no overarching 
legislation to implement and enforce equal opportunity policies in the 
workplace, educational institutions, or elsewhere.
    The Disability Affairs Unit of the Ministry of Social Development 
and National Insurance works with the Bahamas Council for Disability, 
an umbrella organization of nongovernmental organizations (NGO's) that 
offer services for the disabled, to provide a coordinated public and 
private sector approach to the needs of the disabled. A mix of 
government and private residential and nonresidential institutions 
provides a range of education, training, counseling, and job placement 
services for both physically and mentally disabled adults and children. 
There is still no disability act, but in December 1998, a government-
sponsored conclave initiated a national task force to address issues 
facing the disabled. The task force drafted proposed legislation that 
it plans to introduce in 2000.
    National/Racial/Ethnic Minorities.--Unofficial estimates suggest 
that between 20 and 25 percent of the country's roughly 290,000 
inhabitants are Haitians orBahamians of Haitian descent, making them 
the largest and most visible ethnic minority in the islands. While 
30,000 to 40,000 Haitian citizens reside in the Bahamas legally, some 
observers believe that similarly large numbers are in the country 
illegally. Although Haitians and Bahamians of Haitian descent are 
generally well integrated into society, interethnic tensions and 
inequities persist. Some members of the Haitian community complain of 
discrimination in the job market, and resentment of continued Haitian 
immigration is widespread. However, reports of ethnic violence or 
blatant discrimination against legally resident Haitians are scarce. 
Leaders of the Haitian community approve of the Government's humane 
approach to the repatriation of illegal immigrants and point to the 
high number of ethnic Haitians in the public service.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides labor 
unions with the right of free assembly and association. Private sector 
and most public sector workers may form or join unions without prior 
approval. Members of the police force, defense force, fire brigade, and 
prison guards may not organize or join unions. Workers exercise the 
right of association extensively, with almost one-quarter of the work 
force (and one-half of the workers in the important hotel industry) 
belonging to unions.
    Three major umbrella labor organizations, the National Workers 
Council of Trade Unions and Associations, the Trade Union Congress 
(TUC), and the National Congress of Trade Unions, along with individual 
labor unions, all function independent of government or political party 
control.
    The Industrial Relations Act requires that, before a strike begins, 
a simple majority of a union's membership must vote in favor of a 
motion to strike. The Department of Labor must supervise the vote. 
Unions threatened several work stoppages against both public and 
private employers during the year. In order to resolve trade disputes 
more quickly, Parliament amended the Industrial Relations Act in 1996 
to establish an industrial tribunal. According to the act, labor 
disputes are first filed with the Ministry of Labor and then, if not 
resolved, are turned over to the tribunal. The tribunal follows normal 
court procedures for the admission of evidence, direct examination, and 
cross examination. The tribunal's decision is final and only is 
appealable in court on a strict question of law. Some employers 
complain that the industrial tribunal is biased unfairly in favor of 
employees. All labor unions have the right to maintain affiliations 
with international trade union organizations.
    b. The Right to Organize and Bargain Collectively.--Workers freely 
exercise their right to organize and participate in collective 
bargaining, which the law protects. Unions and employers negotiate wage 
rates without government interference.
    The Constitution and the Industrial Relations Act prohibit 
antiunion discrimination by employers. The act requires employers to 
recognize trade unions, and it requires the reinstatement of workers 
fired for union activities. Employers may dismiss workers in accordance 
with applicable contracts, which generally require some severance pay. 
The Government enforces labor laws and regulations uniformly throughout 
the country.
    Freeport is a specially designated free trade zone. Labor law and 
practice in this zone do not differ from those in the rest of the 
country. However, human rights advocates assert that the port authority 
has allowed a Hong Kong-based company, which owns the harbor, airport, 
and many major hotels in Freeport, not only to monopolize industry but 
also to discourage unions.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor by all persons, including 
children, and such labor does not exist in practice.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits the employment of children under the age 
of 14 for industrial work or work during school hours. Children under 
the age of 16 may not work at night. There is no legal minimum age for 
employment in other sectors, and some children work part time in light 
industry and service jobs. The constitutional prohibition of forced and 
compulsory labor, including that by children, is respected in practice 
(see Section 6.c.).
    e. Acceptable Conditions of Work.--The Fair Labor Standards Act 
permits the creation of a Wages Council to recommend the setting of a 
minimum wage, but theGovernment never has established such a council or 
a general minimum wage. However, in 1996 the Government established a 
specific minimum wage of $4.12 (B$4.12) per hour for all hourly and 
temporary workers throughout the public sector. In view of the high 
cost of living, this wage alone would not provide a decent standard of 
living for a worker and family. The act limits the regular workweek to 
48 hours, provides for one 24-hour rest period, and requires overtime 
payment (time and a half) for hours beyond the standard.
    The Ministry of Labor, responsible for enforcing labor laws, has a 
team of inspectors who conduct on-site visits to enforce occupational 
health and safety standards and investigate employee concerns and 
complaints, but inspections occur infrequently. The Ministry normally 
announces inspection visits in advance, and employers generally 
cooperate with inspectors to implement safety standards.
    The national insurance program compensates workers for work-related 
injuries. The Fair Labor Standards Act requires employers to find 
suitable alternative employment for employees injured on the job but 
still able to work. The law does not provide a right for workers to 
absent themselves from dangerous work situations without jeopardy to 
continued employment.
    f. Trafficking in Persons.-- There are no laws that specifically 
address trafficking in persons; however, the Penal Code bans 
prostitution and prohibits the detention of persons against their will 
and for immoral purposes. There were no reports that persons were 
trafficked in, to, or from the country.
                                   ____
                                 

                                BARBADOS

    Barbados is a constitutional democracy with a multiparty, 
parliamentary form of government and is a member of the Commonwealth of 
Nations. The Queen is head of state and is represented by an appointed 
Governor General. Prime Minister Owen Arthur is the head of government 
and governs with an appointed cabinet. The judiciary is independent.
    The Royal Barbados Police Force is charged with maintaining public 
order. The small volunteer Barbados Defence Force (BDF), responsible 
for national security, can be employed to maintain public order in 
times of crisis, emergency, or other specific need. There continued to 
be infrequent reports of abuses by police.
    The economy is based on tourism, services, light manufacturing, and 
agriculture, which makes it vulnerable to external economic 
developments. Per capita gross domestic product (GDP) was about $7,350 
in 1998. The country has experienced a continued strong recovery after 
a recession in the early 1990's. Estimated GDP growth in the first half 
of the year was 2.5 percent, and it was expected to be between 2.5 and 
3 percent for the year.
    The Government generally respects constitutional provisions 
regarding human rights; however, there were problems in a few areas. 
Principal human rights problems continued to be occasional instances of 
excessive use of force by police and societal violence against women 
and children.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.-- The Constitution specifically prohibits torture and 
cruel, inhuman, or degrading treatment or punishment; however, credible 
reports continued that law enforcement officials sometimes used force 
during detention to extract confessions from detainees.
    In December 1998, the police took two foreign citizens into custody 
for questioning in connection with a bank burglary. According to 
eyewitnesses, both individuals were in good health when the police 
apprehended them. However, 2 days later, the police took both men to 
the local hospital following complaints of abdominal pain. One man 
suffered severe injury to his abdomen, liver, and colon and had to 
undergo extensive emergency surgery for life-threatening internal 
bleeding. Doctors treated the second man for injuries to the abdomen 
and groin. Both men asserted that they were beaten while in police 
custody. They allegedly were taken to separate rooms, where their heads 
were covered and hands taped, and they were each forced to lie down on 
a desk while five to six men beat them with blunt instruments. The 
police force's Criminal Investigation Department conducted an 
investigation and presented a report to the Director of Public 
Prosecutions in February. The authorities filed charges against five 
police officers and started trial proceedings.
    In February 1998, two youths were rushed unconscious to the 
hospital after being held in choke holds during a police raid. In June 
1998, another youth was shot in the shoulder during another alleged 
raid. The police investigated both cases and submitted reports to the 
Director of Public Prosecutions. After study, the prosecutor did not 
advise bringing the cases to trial. The police claimed that the medical 
evidence was inconclusive and, as a result, took no disciplinary action 
against the police officers involved in the cases.
    The majority of complaints against the police fall into the 
categories of unprofessional conduct and beating or assault. While the 
police force has a complaints and discipline department headed by a 
superintendent to deal with matters of inappropriate police conduct, 
there is no independent body to review complaints against the police. 
However, in December 1998, the Attorney General instituted a working 
group to make recommendations regarding the establishment of an 
independent complaints authority. The group's recommendations still 
were pending at year's end.
    Police procedures provide that the police may question suspects, 
and other persons they hold, only at a police station, except when 
expressly permitted by a senior divisional officer. An officer must 
visit detainees at least once every 3 hours to inquire about the 
detainees' condition. After 24 hours, the detaining authority must 
submit a written report to the Deputy Commissioner. The authorities 
must approve and record all movements of detainees between stations. 
The authorities generally adhere to these basic principles, although 
officials occasionally used excessive force.
    The authorities issued firearms to special foot patrols in high-
crime areas in response to public concern over violent incidents that 
occurred during the year. Aside from this, the police force is still 
mainly unarmed, in keeping with its British traditions.
    The only prison is antiquated and overcrowded, with over 700 
inmates in a structure built for 350 inmates. The Caribbean Human 
Rights Network has called for reform of the penal system and advocates 
the development of alternatives to imprisonment such as community 
service to alleviate the problem of severe overcrowding. During the 
year, government officials discussed introducing alternative, 
noncustodial sentencing.
    The Government allows private groups to visit prisons to ascertain 
conditions.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and imprisonment and requires detainees to 
be brought before a court of law within a reasonable time, and the 
Government generally respects these provisions in practice. Criminal 
defendants have the right to counsel, and attorneys have ready access 
to their clients.
    The authorities do not use exile as a punishment or means of 
political control.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and it is free of intervention by other branches 
of government.
    The judiciary includes the Supreme Court, which consists of the 
high court and court of appeal. The Governor General, on recommendation 
of the Prime Minister and after consultation with the leader of the 
opposition, appoints the Chief Justice and other judges. Judges serve 
until the age of 65.
    The Constitution provides that persons charged with criminal 
offenses be given a fair public hearing within a reasonable time by an 
independent and impartial court, and the Government respects this right 
in practice. The judicial system provides for the right of due process 
at each level. The law presumes defendants innocent until proven 
guilty. The Government provides free legal aid to the indigent with the 
exception of a limit of about $2,150 (1,300 pounds sterling) on 
expenses incurred for appeals by death row prisoners to the Privy 
Council in London. Two inmates have challenged this limit and are suing 
the Government on the grounds that it effectively deprives them of 
their right to due process.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits arbitrary entry, search, or 
seizure, and the law requires warrants to be issued before privately 
owned property may be entered and searched.
    The Government does not routinely interfere in the private lives of 
its citizens; however, the police sometimes resorted to searches of 
homes without warrants. The Government does not censor mail. However, 
the Government restricts the receipt of foreign publications deemed to 
be pornographic. Other foreign publications of a nonprurient nature are 
allowed without restriction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the authorities respect these 
rights in practice. There are two independent daily newspapers, both of 
which present opposition political views. The Government regularly 
comes under criticism in the newspapers and on daily call-in radio 
programs. There are six radio stations, two of which are owned by the 
Government. The Caribbean Broadcasting Corporation (CBC) television 
service (the only television source, excluding direct satellite 
reception) is government owned. Although CBC is a state enterprise, it 
regularly reported views opposing government policies. Critics allege 
that the Government sometimes uses its influence to discourage media 
reporting on sensitive issues, but the press remained vigorously 
critical of the Government on a broad span of issues. The Government 
prohibits the production of pornographic materials.
    The Government does not restrict academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Government 
observes the constitutional provisions for peaceful assembly and 
private association in practice. Political parties, trade unions, and 
private organizations function and hold meetings and rallies without 
hindrance.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Citizens and legal residents move freely 
within the country and leave and enter it without restriction.
    The Government has not formulated a policy regarding refugees, 
asylees, or first asylum. The issue of the provision of first asylum 
did not arise. There were no reports of forced expulsionof anyone 
having a valid claim to refugee status. However, government practice 
remains undefined.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have this right in law and exercise it in practice. 
Political parties freely compete in fair elections by secret ballot at 
least every 5 years. In the January elections, the Barbados Labour 
Party won a decisive victory, gaining a 26-to-2 majority over the 
Democratic Labour Party. There are no impediments to participation in 
the political process, and all citizens over age 18 may vote. The Prime 
Minister exercises executive power along with the Cabinet of Ministers 
that he appoints, balanced by the bicameral Parliament and the judicial 
system.
    Although underrepresented overall, women participate in all levels 
of government and politics. There are three female members of 
Parliament; the Deputy Prime Minister, who also serves concurrently as 
Foreign Minister, is a woman, as is the Minister of Education.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Local groups involved with human rights operate freely and without 
government hindrance. The Caribbean Human Rights Network, a Caribbean-
wide human rights organization which has its headquarters and a small 
staff in Barbados, investigates and reports on allegations of human 
rights violations throughout the region.
    The Ombudsman's office, established in 1987, hears complaints 
against government offices for alleged injuries or injustices resulting 
from administrative conduct. The office is proscribed from involving 
itself in issues involving foreign affairs, immigration questions, and 
certain other matters. Because it focuses only on administrative 
conduct, it does not deal with complaints of police abuse; a separate 
department within the police force deals with matter of inappropriate 
police conduct.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides for equal treatment under the law, 
regardless of race, religion, or sex. The Government respects these 
rights in practice.
    Women.--Violence and abuse against women continued to be 
significant social problems. However, women's rights groups reported 
that victims of sexual assaults, domestic violence, incest, and rape 
are often reluctant to report such incidents. There are public and 
private counseling services for victims of domestic violence, rape, 
suicide, and child abuse.
    The 1992 Domestic Violence Law specifies the appropriate police 
response to domestic violence, which is intended to protect all members 
of the family, including men and children. It applies equally to 
marriages and to common law relationships. Criminal penalties for 
violent crimes are the same, regardless of the sex of the offender or 
the victim. The courts heard a number of cases of domestic violence 
against women involving assault or wounding. Victims may request 
restraining orders, which the courts often issue. The courts can 
sentence an offender to jail for breaching such an order. Human rights 
monitors criticized an inconsistency in sentencing for rape, incest, 
and statutory rape. They noted that the lack of sentencing guidelines 
resulted in longer sentences for persons convicted of petty theft than 
for incest; and lesser sentences for incest than for rape or sexual 
assault of nonfamily members.
    Women actively participate in all aspects of national life and are 
well-represented at all levels of both the public and private sectors. 
They form a large percentage of heads of household and are not 
discriminated against in public housing or other social welfare 
programs. The National Organization of Women (NOW) is an affiliate of a 
regional women's organization called the Caribbean Women's Association.
    The Business and Professional Women's club, an affiliate of the 
NOW, runs a crisis center staffed by 30 trained counselors and provides 
legal and medical referral services. The center also has a hot line for 
clients who wish to maintain their anonymity.The Government allocated 
$190,000 (bds$380,000) for a new battered women's shelter, which opened 
in September.
    Children.--The Government provides for compulsory education to the 
age of 16. The national health insurance program provides children with 
free medical and dental services for most medical conditions. The 
Government is committed to children's human rights and welfare, 
although violence and abuse against children remain serious problems. 
The Child Care Board is responsible for monitoring and responding to 
the critical welfare needs, interests, and rights of children. 
Statistics from the Child Care Board show that approximately 1,000 
children suffered abuse in 1998-99.
    People with Disabilities.--The law does not prohibit discrimination 
against the physically disabled in employment, education, or the 
provision of other state services. However, in 1997 the Ministry of 
Labor established the Disabilities Unit to address the concerns of the 
disabled, and in early 1998 it created an advisory committee on 
disabilities. The Labor Department, a unit within the Ministry that 
finds jobs for the disabled, long has advocated the introduction of 
legislation prohibiting discrimination. In May the Government, labor 
leaders, and the private sector jointly announced as part of their 
continuing social partnership an agreement to promote a code of 
practice on the employment of persons with disabilities. They also 
agreed to establish targets and time frames for the employment of 
disabled persons in the private and public sectors.
    While there is no legislation mandating provision of accessibility 
to public thoroughfares or public or private buildings, the Town and 
Country Planning Department sets provisions for all public buildings to 
include accessibility to persons with disabilities. As a result, the 
majority of new buildings have ramps, reserved parking, and special 
sanitary facilities for the disabled.
Section 6. Worker Rights
    a. The Right of Association.--Workers freely exercise their right 
to form and belong to trade unions and to strike. Approximately 30 
percent of the labor force belongs to trade unions. Overall union 
membership appears to have declined slightly in recent years as some 
workers moved to better-paying positions in higher-technology sectors. 
There are two major unions and several smaller ones, representing 
various sectors. The public service union, the National Union of Public 
Workers, is independent of any political party or the Government. The 
largest union, the Barbados Workers' Union (BWU), was closely 
associated with the Barbados Labour Party prior to 1954. After 1954 
officers of the BWU became personally associated with the Democratic 
Labour Party. A new Congress of Trade Unions and Staff Associations was 
inaugurated in August 1995. Most unions belong to this organization.
    The law accords full protection to trade unionists' personal and 
property rights. All private and public sector employees are permitted 
to strike, but essential workers may strike only under certain 
circumstances and after following prescribed procedures. While the 
industrial relations climate generally remained stable, there were two 
contentious strikes during the year, as well as several minor strikes 
in the public and private sectors over wages and workplace conditions.
    A 9-day general strike at the government-owned television station 
challenged management's decision to discipline a station executive for 
public involvement in a political campaign. Other issues included 
restraints on the freedom of shop stewards to carry out union 
activities and outstanding back wages. A negotiated settlement was 
reached after senior government intervention. In the sugar industry 
protracted industrial action over wages took place just prior to the 
beginning of the sugar harvest. A modest wage increase ultimately was 
granted, but only after the delay in the harvest posed a threat to the 
annual output and important foreign exchange earnings.
    Trade unions are free to form federations and are affiliated with a 
variety of regional and international labor organizations. The 
Caribbean Congress of Labor has its headquarters in Barbados.
    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right to organize and bargain collectively, and the 
authorities respected it in practice. Normally, wages and working 
conditions are negotiated through the collective bargaining process, 
but a tripartite prices and incomes policy accord signed in 1993 
established a 2-year wage freeze. A revised (second) protocol contained 
provisions for negotiated increases in basic wages and increases based 
on productivity, which covered 1995-97. In May 1998, the tripartite 
partners signed a third protocol covering 1998-2000, broadened to 
address the needs of disabled workers and to express support for 
international efforts against child labor.
    Employers have no legal obligation to recognize unions under the 
Trade Union Act of 1964, but most do so when a significant percentage 
of their employees signify a desire to be represented by a registered 
union. Several foreign-owned international data-processing companies 
challenged union claims in 1997-98 to represent their workforces, 
highlighting the country's need for legislation outlining the union 
recognition process. While there is no specific law prohibiting 
antiunion discrimination, the courts provide a method of redress for 
employees alleging wrongful dismissal. The courts commonly award 
monetary compensation but rarely order reemployment.
    There are no manufacturing or special areas where collective 
bargaining rights are legally or administratively impaired. There are 
no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced, compulsory, or bonded labor, including that by 
children, and there were no reports of its use.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum working age of 16 is broadly observed. 
Compulsory primary and secondary education policies, which require 
school attendance until age 16, reinforce minimum age requirements. The 
Labor Department has a small cadre of labor inspectors who conduct spot 
investigations of enterprises and check records to verify compliance 
with the law. These inspectors may take legal action against an 
employer who is found to have underage workers. The law prohibits 
forced or bonded labor by children, and the authorities effectively 
enforce it (see Section 6.c.).
    e. Acceptable Conditions of Work.--The law sets and the authorities 
establish minimum wages for specified categories of workers. Only two 
categories of workers have a formally regulated minimum wage--household 
domestics and shop assistants (entry level commercial workers). 
Household domestics receive a minimum wage of about $0.75 (bds$1.50) 
per hour, although in actual labor market conditions, the prevailing 
wage is triple that amount. There are two age-related minimum wage 
categories for shop assistants. The adult minimum wage for shop 
assistants was raised by 13 percent in June 1997, to $2.13 (bds$4.25) 
per hour; the juvenile minimum wage for shop assistants became $1.62 
(bds$3.25) per hour. The minimum wage for shop assistants is marginally 
sufficient to meet minimum living standards; most employees earn more.
    The standard legal workweek is 40 hours in 5 days, and the law 
requires overtime payment for hours worked in excess. The Government 
accepts International Labor Organization conventions, standards, and 
other sectoral conventions regarding maximum hours of work. However, 
there is no general legislation that covers all occupations. Employers 
must provide workers a minimum of 3 weeks' annual leave. Unemployment 
benefits and national insurance (social security) cover all workers. A 
comprehensive, government-sponsored health program offers subsidized 
treatment and medication.
    The Factories Act of 1983 sets out the officially recognized 
occupational safety and health standards. The Labor Department enforces 
health and safety standards and follows up to ensure that problems 
cited are corrected by management. The Factories Act also requires that 
in certain sectors firms employing more than 50 workers create a safety 
committee. This committee can challenge the decisions of management 
concerning the occupational safety and health environment. Trade union 
monitors identify safety problems for government factory inspectors to 
ensure the enforcement of safety and healthregulations and effective 
correction by management. Government-operated corporations in 
particular were accused of doing a ``poor job'' in health and safety. 
The Government has promised to undertake inspections of government-
operated corporations and manufacturing plants as a priority. Workers 
have a limited right to remove themselves from dangerous or hazardous 
job situations without jeopardizing their continued employment.
    f. Trafficking in Persons.--There are no laws specifically 
addressing trafficking in persons. There were no reports that persons 
were trafficked in, to, or from the country.
                                 ______
                                 

                                 BELIZE

    Belize is a parliamentary democracy with a constitution enacted in 
1981 upon independence from the United Kingdom. The Prime Minister, a 
cabinet of ministers, and a legislative assembly govern the country. 
The Governor General represents Queen Elizabeth II in the largely 
ceremonial role of head of state. Prime Minister Said Musa's People's 
United Party (PUP) holds 26 of the 29 seats in the House of 
Representatives. The Government generally respects the constitutional 
provisions for an independent judiciary; however, at times the 
judiciary is subject to political influence.
    The Police Department has primary responsibility for law 
enforcement and maintenance of order. The Belize Defense Force (BDF) is 
responsible for external security but, when deemed appropriate by 
civilian authorities, may be tasked to assist the police department. 
Both the police and the BDF report to the Minister of National Security 
and are responsible to and controlled by civilian authorities. There 
were reports of abuse by the police.
    The economy is primarily agricultural, although tourism has become 
the principal source of foreign exchange earnings. The agricultural 
sector is heavily dependent upon preferential access to export markets 
for sugar and for bananas. The Government favors free enterprise and 
generally encourages investment, although domestic investors are given 
preferential treatment over foreign investors in a number of key 
economic sectors. Preliminary estimates of 1999 gross domestic product 
growth placed it at 3 to 4 percent in real terms. Annual per capita 
income was $2,647.
    The Government generally respected many of its citizens' human 
rights; however, there were problems in several areas. Principal human 
rights abuses include an instance of extrajudicial killing, occasional 
brutality and use of excessive force by the police when making arrests, 
poor prison conditions, allegations of arbitrary arrest and detention, 
lengthy pretrial detention, political influence on and interference 
with the judiciary, and judicial limits on freedom of the press. 
Violence and discrimination against women, abuse of children, and 
employer mistreatment of undocumented workers in the banana industry 
also were problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
political killings by the security forces; however, there was one 
instance of extrajudicial killing. In another incident, a BDF soldier 
killed a Guatemalan national in what was determined to be self-defense.
    On September 22, 38-year-old Daniel Tillett died while in police 
custody, after being arrested for fighting in public. Although the 
police initially claimed that he had passed out in his own vomit and 
died, a cellmate told family members that police repeatedly beat 
Tillett and forced his head into a toilet. An autopsy revealed that 
Tillett had a fractured skull, water in his lungs, and a ruptured 
liver. The police internal affairs and discipline division questioned 
seven police officers following Tillett's death. As a result of the 
investigation, the Director of Public Prosecutions is pursuing a murder 
charge against one officer, who remains in police custody; the police 
temporarily suspended a second officer, who awaited a final 
disciplinary ruling at year's end.
    The Prime Minister appointed an independent Commission of Inquiry 
to investigate the June 12 fatal shooting of Guatemalan national Mateo 
Paiz Ramirez by a BDF corporal. The Commission ruled the soldier had 
shot Ramirez in self-defense.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution forbids torture or other inhuman 
punishment; however, the police occasionally used excessive force when 
making arrests. The Government's newly appointed Ombudsman said in a 
press interview that the majority of complaints that his office 
receives are allegations of police misconduct and brutality. At year's 
end, the ombudsman's office had 15 open cases involving complaints 
against the police.
    The Police Department's internal affairs and discipline section, 
the Director of Public Prosecutions, the Ombudsman's office, and on 
occasion, special independent commissions appointed by the Prime 
Minister investigate allegations of abuse by officials.
    On April 26, two Guatemalan men, Hector Balcarcel and Ricardo 
Guzman, were detained at the Guatemala-Belize border. They were taken 
into police custody. Balcarcel alleged that he was detained arbitrarily 
for 5 days and tortured. His report to the Human Rights Commission and 
the Guatemalan embassy claimed that he was stripped, handcuffed, burned 
with a lighter and habanero peppers on his genitals, beaten with a 
stick, and forced to drink his own urine. After an investigation, the 
police determined that these allegations were false; however, an 
internal review was underway at year's end of the allegation that the 
original investigation was a whitewash.
    On October 14, plainclothes policemen shot and wounded Curtis 
Flowers, who allegedly brandished a toy weapon. Eyewitnesses confirmed 
the police account, and the shooting was ruled to be self-defense.
    On October 26, the police questioned Luis Arturo Villavicencio 
Alas, a Guatemalan citizen residing in a border town in Belize and 
searched his home for drugs. Villavicencio alleged that the police beat 
him; the Police Commissioner ordered an investigation, and a police 
tribunal fined the officer.
    In June the authorities arrested a police constable and charged him 
with extortion and corruptly soliciting a reward. They relieved him of 
duty and at year's end, he was scheduled to stand trial in the Supreme 
Court.
    Prison conditions are poor. Conditions at the Hattieville 
Department of Corrections--the country's only prison--have deteriorated 
continually since it opened in 1993. Although designed to house 500 
inmates, it currently houses 1,023 prisoners, or approximately 6 
prisoners per 10-by-12 foot cell. The majority of prison accommodations 
do not have showers or toilets. Instead, inmates are provided with 5-
gallon buckets. The prison psychiatrist (a newly established position) 
providesmental health services for inmates. The prison includes a 
separate facility for women; however, the administrative section of the 
prison is situated nearby and as a result, guards and male prisoners 
occasionally roam about this area. There is no separate facility for 
inmates with mental illnesses. First-time offenders are housed in the 
same building as those who commit capital crimes. Noncitizens 
constitute approximately 15 to 20 percent of the prison population. 
There are rare reports of human rights abuses at the prison in the form 
of physical brutality by prison wardens. Incidents of gang and drug 
related violence in the prison are on the rise. A new superintendent of 
prisons was named to combat these and other problems.
    The Government took steps to curb recidivism and focus on 
rehabilitation. The Youth Enhancement Agency (YEA) houses over 2,100 
youths between the ages of 13 and 25, who participate in rehabilitation 
and job training programs. Increasingly, youthful offenders are 
transferred from the main prison to the YEA facilities. A job-training 
program at a citrus farm employs approximately 50 inmates. There is a 
time-off program for good behavior.
    The Government permits prison visits by independent human rights 
monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest or detention, and the Government observes 
these provisions to a degree; however, accusations of arbitrary arrest 
and detention were frequent. Two Guatemalan citizens alleged that they 
were detained and tortured in April (see Section 1.c.).
    The law requires the police to inform a detainee of the cause of 
detention within 48 hours of arrest and to bring the person before a 
court to be charged formally within 72 hours. In practice, the 
authorities normally inform detainees immediately of the charges 
against them. Bail is granted in all but the most serious cases. In 
cases involving narcotics, the police cannot grant bail, but a 
magistrate's court may do so after a full hearing. There are persistent 
allegations that security forces hold detainees for 72 hours and 
release them, but upon release, arrest them again. Many detainees 
cannot afford bail, and backlogs in the docket often cause considerable 
delays and postponement of hearings, resulting in an overcrowded 
prison, and at times prolonged incarceration before trial.
    The Constitution forbids exile, and it does not occur in practice.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respects this 
provision in practice; however, the appearance of judicial independence 
from the executive branch is compromised because some foreign judges 
and the Director of Public Prosecutions must negotiate renewal of their 
contracts with the Government and thus may be vulnerable to political 
interference. In February the Government abruptly fired Supreme Court 
Justice Manuel Sosa, arbitrarily voiding his 11th-hour appointment in 
August 1998 by the ousted United Democratic Party (UDP) government of 
Manuel Esquivel, claiming that the PUP--then in the opposition--had not 
been consulted appropriately as the Constitution specified. In June the 
Government appointed Sosa to the Court of Appeals.
    The judiciary consists of the magistrate's courts, the Supreme 
Court, the Court of Appeal, and a family court that handles cases of 
child abuse, domestic violence, and child support. Those convicted by 
either a magistrate's court or the Supreme Court may appeal to the 
Court of Appeal. In exceptional cases, including those resulting in a 
capital sentence, the convicted party may make a final appeal to the 
Privy Council in the United Kingdom.
    Persons accused of civil or criminal offenses have constitutional 
rights to presumption of innocence, protection against self-
incrimination, defense by counsel, a public trial, and appeal. Legal 
counsel for indigent defendants is provided by the State only for 
capital crimes. In April the Government appointed an attorney to the 
Legal Aid Center to improve and strengthen legal aid services to the 
public.
    Trial by jury is mandatory in capital cases.
    Trials in cases that come before the family court generally are 
private. The convicted party in family court also may appeal to the 
Supreme Court. Defendants have the right to be present attheir trial 
unless the opposing party fears for his or her safety. In such a case, 
the court grants interim provisions under which both parties are 
addressed individually during a 5-day period.
    There are lengthy trial backlogs in the judicial system. One factor 
commonly cited is the low pay offered to judges, resulting in high 
turnover rates. In addition, an inordinate number of significant 
narcotics-related cases are taking years to resolve. In these cases, 
defendants often are released on minimal bail payments. In April two 
retired judges were named to the Supreme Court in a temporary capacity 
to help reduce backlogs.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, government 
authorities generally respect these prohibitions, and violators are 
subject to legal action. However, there were several cases in which the 
previous government exercised its power under the right of eminent 
domain in an arbitrary manner. Such cases take years to resolve in the 
courts.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and the Press.--The Constitution provides for 
freedom of speech and of the press but also permits the authorities to 
make ``reasonable provisions'' in the interests of defense, public 
safety, public order, public morality, or public health. These 
provisions include forbidding any citizen to question the validity of 
the financial disclosure statements submitted by public officials. 
Anyone who questions these statements orally or in writing outside a 
rigidly prescribed procedure is subject to a fine of up to $2,500 
(bz$5,000), or imprisonment of up to 3 years, or both.
    A wide range of viewpoints is presented publicly, usually without 
government interference, in seven privately owned weekly newspapers, 
three of which are affiliated directly with major political parties. 
There is no daily press. All newspapers are subject to the constraints 
of libel laws.
    Since the first privately owned commercial radio station began 
broadcasting in 1990, other stations have been established, broadening 
the audience's choices. In addition to these local stations, there are 
two British military stations that broadcast news directly from London. 
Popular radio call-in programs are lively and feature open criticism of 
and comments on government and political matters.
    There are eight privately owned television broadcasting stations, 
including several cable networks in Belize City and the major towns. 
The Government's Belize Information Service issues press releases and 
maintains an Internet web site. Two independent television stations 
produce local news and feature programs. The Belize Broadcasting 
Authority (BBA) regulates broadcasting and asserts its right to preview 
certain broadcasts, such as those with political content, and to delete 
any defamatory or personally libelous material from political 
broadcasts. In a controversial move, the BBA granted a narrow-range 
frequency to the opposition UDP radio station, which limited its 
broadcasts to the greater Belize City metropolitan area.
    The law provides for academic freedom, and the Government respects 
it in practice.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government respects it in 
practice. Political parties and other groups with political objectives 
freely hold rallies and mass meetings. The organizers of public 
meetings must obtain a permit 36 hours in advance of the meetings; such 
permits are not denied for political reasons and are granted routinely 
in practice.
    The Constitution permits citizens to form and join associations of 
their choosing, both political and nonpolitical, and the Government 
respects these provisions in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice.
    The law provides for granting of asylum or refugee status in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government cooperates with the U.N. 
High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations. In 1997 the UNHCR liaison office ceased all funding for 
the Government's Refugee Department, which previously had relied upon 
the UNHCR to pay all program costs, including salaries. The Refugee 
Department officially closed on January 1; all remaining functions are 
handled through a small refugee desk within the Department of 
Immigration and Nationality.
    The previous administration appointed members to an eligibility 
committee to review applications for asylum. The committee, which 
included a UNHCR representative, met on a weekly basis. In 1998 the 
Government turned down 30 requests for asylum. After the 1998 
elections, no applications for asylum were made. There is no 
legislation that formalizes the asylum process. The Government last 
honored the principle of first asylum in the case of four persons in 
1995.
    In the wake of the civil conflicts in Central America in the 
1980's, over 40,000 predominantly Hispanic migrants came to Belize, 
many of them entering illegally and living without documentation. In 
May the Government instituted a 6-week amnesty initiative whereby 
undocumented migrants were eligible to obtain legal residency, 
provided: They lived in Belize continuously for 4 years, married a 
Belizean citizen or had a stable common-law association, had Belizean 
children, or, if female, were at least 4 months pregnant. In response 
to UNHCR concerns, the Government amended its process, reducing the 
residency requirement from 10 to 5 years, to allow these migrants to 
obtain citizenship. The amnesty is expected to benefit about 5,000 
UNHCR-registered asylees, as well as 13,000 others.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    Belize is a democracy governed by a national assembly with 
executive direction from a cabinet of ministers headed by Prime 
Minister Said Musa. The law requires national elections every 5 years. 
The Government changed hands in August 1998 when the PUP won 26 of 29 
seats in the House of Representatives in free and fair elections.
    All elections are held by secret ballot, and suffrage is universal 
for citizens 18 years of age and older. National political parties 
include the People's United Party, the United Democratic Party, and the 
National Alliance for Belizean Rights (NABR). The country's ethnic 
diversity is reflected in each party's membership.
    No laws impede participation of women in politics; however, they 
are underrepresented in electoral politics due to both tradition and 
socioeconomic factors. Voters elected 2 women to the 29-seat House of 
Representatives, and the Speaker of the House and the President of the 
Senate, both appointed, are women. Women also hold a number of other 
appointive offices, including four of nine senate seats and one cabinet 
position.
    There are no laws impeding participation by indigenous people or 
minority groups in politics. There are Mestizo, Creole, Maya, and 
Garifuna representatives in Parliament.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Human Rights Commission of Belize (HRCB), a nongovernmental 
organization (NGO) affiliated with regional human rights organizations 
and partly funded by the UNHCR, operates without government restriction 
on a wide range of issues, including migrant and agricultural workers' 
rights and cases of alleged police abuse. The HRCB publishes human 
rights complaints and urges police and other governmental bodies to act 
upon them. The HRCB gained prominence through media reports about 
itsworkshops and seminars that educate citizens about human rights. 
International human rights groups operate freely as well. Government 
officials generally are cooperative and responsive to their activities.
    On July 13, the Government appointed the country's first Ombudsman. 
The Ombudsman's office receives a daily average of half a dozen 
complaints. The Ombudsman said in a press interview that the majority 
of complaints that his office receives are allegations of police 
misconduct and brutality. At year's end, the ombudsman's office had 15 
open cases involving complaints against the police (see Section 1.c.).
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    Belize is a multiracial, multiethnic country, and the Government 
actively promotes tolerance and cross-cultural understanding. 
Discrimination on ethnic or religious grounds is illegal and rare, 
although ethnic tension, particularly resentment of recently arrived 
Central American and Asian immigrants, continued to be a problem. The 
Government continues to reserve certain professions for citizens, 
granting permits and licenses to noncitizens only in specific cases. 
These occupations include fishing, souvenir manufacturing, sightseeing 
tours, accounting, insurance, real estate, and legal services.
    b. Women.--Violence against women is a problem. A shelter for 
battered women offers short-term housing. The Belize Organization for 
Women and Development, an NGO, advises women on their rights and 
provides counseling. Laws prohibit rape and sexual harassment, but few 
offenders are charged and convicted. In October Parliament passed a law 
specifically prohibiting spousal rape.
    There were reports of trafficking in women for purposes of 
prostitution (see Section 6.f.).
    Despite constitutional provisions for equality, women face social 
and economic prejudice. Women find it more difficult than men to obtain 
business and agricultural financing and other resources. Most employed 
women are concentrated in female-dominated occupations with 
traditionally low status and wages.
    The Women's Bureau in the Ministry of Human Development, Women, and 
Civil Society is charged with developing programs to improve the status 
of women. A number of officially registered women's groups work closely 
with various government ministries in promoting social awareness 
programs. Women have access to education and are active in all spheres 
of national life, but relatively few hold top managerial positions. 
However, women head the Belize Business Bureau, Belize Chamber of 
Commerce and Industry, Belize Citrus Growers Association, several 
prominent environmental NGO's, and the Belize Rotary Club. The law 
mandates equal pay for equal work, but female workers often earn less 
than men in similar jobs. There are no legal impediments to women 
owning or managing land or other real property.
    Children.--Education is compulsory for children between the ages of 
5 and 14. After children finish their primary education, they may enter 
a secondary school, the government-run apprenticeship program, or a 
vocational institution. However, these programs have room for only 
about one-half of the children finishing primary school; competition 
for spaces in secondary school is intense. Education is nominally free, 
but various school, book, and uniform fees put education out of reach 
for many poor children.
    The Family Services Division in the Ministry of Human Development, 
Women, and Civil Society is devoted primarily to children's issues. The 
division coordinates programs for children who are victims of domestic 
violence, advocates remedies in specific cases before the family court, 
conducts public education campaigns, investigates cases of trafficking 
in children (see Section 6.f.), and works with the NGO's and the United 
Nations Children's Fund to promote children's welfare. The National 
Committee for Families and Children includes a representative from the 
Ministry of Human Development, Women, and Civil Society.
    During the year, the public became more aware of the Families and 
Children Act, which was passed in late 1998. The National Organization 
for the Prevention of Child Abuse (NOPCA) published a handbook for the 
public that outlined in plain language provisions of the act. The act 
allows authorities legally to remove a child from an abusive home 
environment. The actremoves the limit placed on child support a parent 
must pay, and it allows men to file for support, as well as women. It 
requires parents to maintain and support a child until he or she 
reaches the age of 18, compared with the previous law's mandate of 
support up to the age of 16. The new act also accepts DNA testing as 
legal proof of paternity and maternity. It requires that all adoptions 
be reported to the Human Development Department of the Ministry of 
Human Development, Women, and Civil Society and that prospective 
parents be screened before they may adopt a child. The NOPCA instituted 
a nationwide telephone help line to encourage discourse and reduce 
abuse.
    People with Disabilities.--The law does not specifically provide 
for accessibility for disabled persons or prohibit job discrimination 
against them. The Government's Disability Services Unit, as well as a 
number of NGO's, such as the Belize Association of and for Persons with 
Disabilities and the Belize Center for the Visually Impaired, provide 
assistance to physically disabled persons. Disabled children have 
access to government special education facilities, although the 
requirements to enter such programs are strict.
    Indigenous People.--Among the country's indigenous people, the 
Mopan and Ke'kchi are grouped under the general term Maya, although 
their leaders say they should be identified as the Masenal, meaning 
``common people.'' The Maya have sought official recognition of their 
communal claims to land, but the Government has been reluctant to 
single out one ethnic group for special consideration. The Government 
has designated 77,000 acres as 9 separate Mayan reserves; however, 
Mayan leaders purport that the Maya have an ancestral claim to a total 
of 500,000 acres. Several Mayan organizations have filed suit to force 
the Government to recognize the Mayas' ancestral land rights and to 
prevent further granting of logging concessions on the disputed land.
    In October the Government introduced legislation to establish the 
Southern Regional Development Corporation (SRDC), which would promote 
development in districts of the country that are heavily populated by 
Maya. Indigenous leaders opposed the first draft of the bill because 
they wanted their land claims addressed first and because they believed 
that their communities were represented insufficiently on the SRDC 
board. At year's end, the legislation was still pending; however, on 
November 23, the Cabinet approved the regional development plan that 
the corporation is to implement.
    The Maya have formed cultural councils and other groups to advance 
their interests, sometimes with the collaboration of NGO's concerned 
with environmental and indigenous issues. In 1998 one Mayan council 
sought and won greater involvement by the Mayan community in an 
internationally funded highway project in the southern part of the 
country, the location of many Mayan communities. In response to Mayan 
objections to strip logging, the Government created a broad-based 
oversight committee to scrutinize the loggers' compliance with strict 
environmental statutes.
Section 6. Worker Rights
    a. The Right of Association.--By statute and in practice, workers 
are free to establish and join trade unions. Eleven independent unions, 
whose members constitute approximately 11 percent of the labor force, 
represent a cross-section of white-collar, blue-collar, and 
professional workers, including most civil service employees. However, 
several of these unions are inactive. The Ministry of Industry, 
Commerce, Public Services, and Labor recognizes unions after they file 
with the Registrar's Office. The law empowers members to draft the by-
laws and the constitutions of their unions, and they are free to elect 
officers from among the membership at large. Unions that choose not to 
hold elections may act as representatives for their membership, but the 
national Trade Union Congress permits only unions that hold free and 
annual elections of officers to join its ranks. Both law and precedent 
effectively protect unions against dissolution or suspension by 
administrative authority.
    The law permits unions to strike and does not require them to give 
notice before going on strike.
    Although no unions are affiliated officially with political 
parties, several are sympathetic to one or the other of the two main 
parties (the PUP and the UDP).
    Unions freely exercise the right to form federations and 
confederations and affiliate with international organizations.
    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining and unions practice it freely 
throughout the country. Employers and unions set wages in free 
negotiations, or, more commonly, employers simply establish them. The 
Labor Commissioner or his representative acts as a mediator in 
deadlocked collective bargaining negotiations between labor and 
management, offering nonbinding counsel to both sides. Historically, 
the Commissioner's guidance has been accepted voluntarily. However, 
should either union or management choose not to accept the 
Commissioner's decision, both are entitled to a legal hearing of the 
case, provided that it is linked to some provision of civil or criminal 
law.
    The Constitution prohibits antiunion discrimination both before and 
after a union is registered. Unions may organize freely, but the law 
does not require employers to recognize a union as a bargaining agent. 
For example, although the registered Banana Workers Union actively 
advocated worker rights, it was not recognized by the banana industry's 
growers association due to low membership. Some employers have been 
known to block union organization by terminating the employment of key 
union sympathizers, usually on grounds purportedly unrelated to union 
activities. Effective redress is extremely difficult in such 
situations. Technically, a worker can file a complaint with the Labor 
Department, but in practice it is virtually impossible to prove that a 
termination was due to union activity.
    The Labor Code applies in the country's export processing zones 
(EPZ's). There are no unions in the EPZ's, reflecting the general 
weakness of organized labor in the country.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution and 
laws forbid forced, compulsory or bonded labor, including that 
performed by children, and generally it is not known to occur; however, 
there were reports that women were trafficked for the purpose of forced 
prostitution (see Section 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The minimum age for employment is 14 years, or 17 years 
for employment near hazardous machinery. Inspectors from the 
Departments of Labor and Education enforce this regulation. During the 
year, truancy officers, who historically have borne the brunt of the 
enforcement burden, were more active. The law requires children between 
the ages of 5 and 14 to attend school, but there are many truants and 
dropouts. Laws prohibit forced and bonded labor by children, and the 
Government effectively enforces this prohibition; however, there were 
infrequent reports of trafficking in children for purposes of 
prostitution (see Sections 6.c. and 6.f.).
    e. Acceptable Conditions of Work.--The minimum wage is $1.12 
(bz$2.25), except in export industries, where it is $1.00 (bz$2.00) per 
hour. For domestic workers in private households and shop assistants in 
stores where liquor is not consumed, the rate is $0.87 (bz$1.75) per 
hour. The minimum wage law does not cover workers paid on a piecework 
basis. The Ministry of Industry, Commerce, Public Services, and Labor 
is charged with enforcing the legal minimum wage, which generally is 
respected in practice. The minimum wage as sole source of income does 
not provide a decent standard of living for a worker and family. Most 
salaried workers receive more than the minimum wage.
    The law sets the normal workweek at no more than 6 days or 45 
hours. It requires payment for overtime work, 13 public holidays, an 
annual vacation of 2 weeks, and sick leave for up to 16 days. An 
employee is eligible for severance pay provided that he was employed 
continuously for at least 5 years.
    The exploitation of undocumented Hispanic workers, particularly 
young service workers and possibly some agricultural workers, continued 
to be a problem. Banana farm owners slowly are moving the housing they 
provide for their workers away from the fields where poisonous 
pesticides are sprayed. Health clinics in the region report that the 
most frequently treated ailments are pesticide-related skin conditions. 
Company-provided housing often lacks electricity and water. The 
Government, the HRCB, and other concerned citizens all focus on this 
problem.
    A patchwork of health and safety regulations covers numerous 
industries, and the Labor Department in the Ministry of Industry, 
Commerce, Public Services, and Labor enforces these regulations to 
varying degrees. Enforcement is not universal, and the ministries 
commit their limited inspection and investigative resources principally 
to urban and more accessible rural areas where labor, health, and 
safety complaints have been registered. Workers have the legal right to 
remove themselves from a dangerous workplace situation without jeopardy 
to continued employment.
    f. Trafficking in Persons.--Although the law does not specifically 
prohibit trafficking in persons, it does proscribe trafficking in women 
with the intent that the woman may become an inmate of or frequent a 
brothel. Nonetheless, there were reports in 1998 that one or more dance 
hall owners have recruited women from neighboring countries, promising 
them jobs as dancers, waitresses, or domestics. Upon arrival, the 
employer allegedly takes their passports, forces them to engage in 
prostitution, and holds their wages. The police have investigated, but 
had not made any arrests by year's end, nor had the Government taken 
any other steps to address this practice.
    The Ministry of Human Development, Women, and Civil Society, the 
police department, and--in cases involving migrant children--the 
Ministry of National Security and Immigration investigate and attempt 
to remedy cases that involve trafficking in children (see Section 5). 
According to a spokesperson from the Human Development Department, 
there were rare reports of trafficking in children for the purpose of 
prostitution; most involved migrant children.
                                  _____
                                 

                                BOLIVIA

    A constitutional, multiparty democracy with an elected president 
and bicameral legislature, Bolivia has separate executive, legislative, 
and judicial branches of government, with an attorney general 
independent of all three. The judiciary, while independent, is corrupt 
and inefficient. The executive and legislative branches share these 
defects to some extent. The Government continued to implement 
constitutional amendments to reform the judicial system, which were 
passed in 1994; the reforms were partially completed by the end of 
1999.
    The National Police have primary responsibility for internal 
security, but military forces can be called upon for help in critical 
situations. The police provided security for coca eradication work 
crews in the Chapare region. A special antinarcotics force (FELCN), 
including the Mobile Rural Patrol Unit (UMOPAR), is dedicated to 
antinarcotics enforcement. Civilian authorities generally maintain 
effective control over the security forces, but some members of these 
forces committed human rights abuses.
    Bolivia has extensive poverty, and many citizens lack access to 
such basic services as potable water, sewage, electricity and primary 
health care. Per capita gross domestic product (GDP) is about $1,076. 
The country is rich in minerals and hydrocarbons, and extensive 
investments in petroleum deposits in the eastern and southern parts of 
the country are expected to form a basis for strong GDP growth in the 
future. However, most workers engage in traditional agriculture, and 
many citizens remain barely linked to the cash economy.
    The Government generally respected the human rights of its 
citizens; however, while the Government's human rights record improved 
somewhat, problems remain in certain areas. Legal and institutional 
deficiencies prevented the full protection of citizens' rights. There 
were several suspicious deaths of persons who had been in police 
custody. Unlike 1997 and 1998, there were no major clashes in the 
Chapare region between security forces and illegal coca growers and no 
killings there due to such confrontations. There were credible reports 
of abuses by police, including use of excessive force, petty theft, 
extortion, and improper arrests. Investigations of alleged official 
abuses were slow. Prison conditions are harsh and at times police 
arbitrarily arrested and detained persons. The most pervasive human 
rights abuse continued to be prolongedincarceration of detainees due to 
antiquated procedures and inefficiency and corruption in the judicial 
system. Other problems include government attempts to intimidate some 
news media, violence and discrimination against women, trafficking in 
women, abuse of children, discrimination against and abuse of 
indigenous people, discrimination against Afro-Bolivians, and inhuman 
working conditions in the mining industry.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of politically motivated killings.
    On November 11, Miguel Angel Rivero Siles, a 17-year-old prisoner 
accused of murder, suffered second and third degree burns over 80 to 90 
percent of his body while in a solitary confinement cell at San 
Sebastian prison in Cochabamba. He died in a hospital on November 13. 
Prison authorities asserted that the fire was accidental, caused by a 
candle used for illumination. Rivero told the Ombudsman's office that 
he lit the candle, fell asleep, awoke to find the room on fire, and 
that the prison guards were very slow to come to his assistance. 
Rivero's attorney asserted that prison officials' statements were 
contradictory, and at year's end prison authorities, the local 
prosecutor, and the Ombudsman were conducting investigations of the 
incident. The Ombudsman's preliminary investigation determined that the 
fire was not accidental.
    On October 23, police in Santa Cruz arrested 18-year-old Marcelo 
Botelho; he died the next day in a hospital. The police said that they 
arrested Botelho after he was caught stealing a watch, that his alleged 
victims had beaten him, and that they had rushed him to the hospital 
later that evening when they noticed that he was suffering convulsions. 
However, there were allegations that the police had beaten Botelho, 
although there were no eyewitness reports.
    On October 21, Oscar Justiano, who was arrested and reportedly 
beaten by the FELCN in December 1998, died after being sent from the 
Palmasola prison in Santa Cruz to the hospital. An autopsy showed that 
he died from tuberculosis and other diseases, not as a result of the 
beating he suffered upon arrest. Nonetheless, his family and human 
rights advocates charged the FELCN with responsibility for his death.
    On May 20, police arrested Peruvian businessman Carlos Freddy Cano 
Lopez for refusing to pay a disputed taxi fare. After Cano had spent 
several days in jail, his cell mysteriously caught fire and Cano 
suffered third degree burns over 50 percent of his body. On May 29, the 
authorities transferred Cano to a hospital in Lima, Peru, where he died 
on June 9. Before dying, Cano told his wife that the police had set his 
cell on fire. However, the police alleged that Cano set his cell on 
fire while burning incriminating photographs that he wished to conceal 
from his wife. The authorities suspended the policemen in question and 
their judicial case was pending at year's end.
    Unlike in 1997 and 1998, there were no major clashes in the Chapare 
region between security forces and illegal coca growers. The Government 
neared completion of its investigation into the deaths in the violent 
incidents in the Chapare in the spring of 1998 and planned to report on 
it in January 2000. Out of an original list of 13 possible civilian 
deaths that resulted from the clashes, in only 5 cases did it appear 
that the deaths could have resulted from clashes between security 
forces and illegal coca growers.
    However, the Government did not complete its investigations into 
the deaths in the serious and violent incidents in 1997 in the Chapare 
region or the deaths in the Amayapampa confrontations in December 1996. 
An investigation by the Inter-American Commission on Human Rights 
(IACHR) found that security forces committed excesses resulting in the 
deaths of 9 civilians and 32 persons wounded in Amayapampa and that the 
Government did not act to identify and punish those responsible; the 
Attorney General has yet to complete a long-promised report on these 
deaths. In addition, the authorities have not recaptured the police 
officer accused in 1994 of murdering coca worker Felipe Perez Ortiz; 
the officer escaped from custody in September of that year. The 
Government's failure to complete effective investigations and identify 
and punish those responsible for either civilian or police deaths 
results in an atmosphere of impunity and a condition that almost 
amounts to lawlessness.
    There are reports that indigenous communities burn or bury alive 
alleged witches (see Section 1.c.).
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    The case of Juan Carlos Trujillo Oroza drew renewed attention as 
the most prominent of the cases of those who disappeared during the 
1971-78 de facto regime of President Hugo Banzer Suarez. Trujillo's 
mother presented the case to the Inter-American Court of Human Rights 
in June. The security forces had detained Trujillo, a 21-year-old 
university student, on December 23, 1971, and he was never seen again 
after February 2, 1972. Trujillo's mother first presented his case to 
the Inter-American Commission on Human Rights on September 28, 1992. In 
1996 the Government of President Gonzalo Sanchez de Lozada accepted 
responsibility for Trujillo's arrest and disappearance and named those 
responsible, but did not hold them accountable. Trujillo's mother is 
seeking the return of her son's remains and punishment for those 
responsible; the Government agreed to start negotiations with her, with 
the goal of an amicable settlement.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture, and the Government 
generally respects this provision; however, there were a number of 
significant allegations of torture.
    There were also credible allegations that military officers and 
sergeants beat and otherwise mistreated military conscripts. The 
Government was investigating the alleged beating by his superiors of 
conscript Roger Candia Vallejos in September and November.
    Victor San Unzueta alleged that security forces detained him on 
June 6, 1998, took him to a supposed mobile military camp known as 
Santisima Trinidad (that apparently no longer exists), and tortured 
him. A human rights organization claims that there are other persons 
who were also tortured at this mobile camp. However, there are no 
eyewitness accounts or other evidence to support these allegations.
    Human Rights Ombudsman Ana Maria Romero de Campero completed her 
investigation into the November 1998 alleged army intimidation of 
residents of the village of Puerto Zudanez in the Chapare. In her March 
16 report, she was critical of the Government's security forces, and 
urged the Government to respect citizens' human rights. She presented 
her findings to the Attorney General, which noted that none of the 
perpetrators of the alleged intimidation had been identified. The 
military rejected the accusations of intimidation. The Ombudsman noted 
a marked improvement in the conduct of coca eradication work crews with 
respect to human rights in 1999.
    In September the military signed a cooperation agreement with the 
Ombudsman's office, and in November the military concluded an agreement 
for cooperation and coordination for human rights training with the 
Ministry of Justice and Human Rights.
    Several police officers were fired and charged for off-duty crimes 
including theft and rape, and a number were dismissed for corruption. 
In general, however, the police were not disposed to investigate their 
own colleagues, and prosecutors were reluctant to prosecute security 
officials for alleged offenses committed while on duty. Then-Police 
Chief General Jose Luis Medina reinstated 172 policemen who earlier had 
been dismissed for corruption; the authorities dismissed Medina on 
October 15 after less than 5 months on the job, saying that he had 
failed to restructure the police force. The 172 policemen then were 
suspended with pay pending an investigation directed by the new Police 
Chief, General Roberto Perez. At year's end, more than half of the 
suspended police officers had retired, and many others were expected to 
do so. It appeared that the few who remain will be able to be 
reinstated to their jobs.
    Neither the technical and judicial police nor prosecutors normally 
receive human rights training. However, in June foreign human rights 
attorneys conducted a 2-week human rights course for 53 FELCN 
investigators and National Police Internal Affairs officers. The 
Congress has yet to take action on the 1995 report of its Human Rights 
Commission resurrecting allegations that police officials had in past 
years tortured captured terrorists and recommending that criminal 
proceedings be opened against a number of named officers.
    Indigenous communities in areas with little or no central 
government presence impose punishment reliably reported to include the 
death penalty on members who violate traditional laws or rules, 
although such punishment is forbidden by the Constitution. For example, 
there are reports that alleged witches are burned or buried alive.
    Prison conditions are harsh. Prisons are overcrowded, and 
conditions can be life threatening for inmates without money. According 
to the Director General of the Penal System in the Ministry of 
Government, as of June there were 8,057 prisoners in facilities 
designed to hold 4,959 prisoners. Fifty-six percent of all prisoners 
were held for narcotics crimes. Ability to pay can determine cell size, 
visiting privileges, day-pass eligibility, and place or even length of 
confinement. Cell prices range from $20 to $5,000, paid to prior 
occupants or to prisoners who control cell blocks. In the poorest parts 
of San Pedro prison in La Paz, for example, inmates occupy tiny cells 
(3 by 4 by 6 feet) with no ventilation, lighting, or beds. Crowding in 
some ``low-rent'' sections obliges inmates to sleep sitting up. 
Children up to 6 years old may live with an incarcerated parent. 
According to the Director General, as of March there were 665 children 
living with a parent in prison. If such children have nowhere else to 
go, the Government considers it more humane to support them in prison 
than to leave them homeless in the streets. The standard prison diet, 
according to a 1995 study, can cause anemia; the diet has not been 
improved since then. There is no adequate health care within the 
prisons, and it is very difficult for prisoners to get permission for 
outside medical treatment. However, affluent prisoners can obtain 
transfers to preferred prisons or even to outside private institutional 
care for ``medical'' reasons. Drugs and alcohol are readily available 
for those inmates who can pay.
    Convicted juvenile prisoners are not segregated from adult 
prisoners in jails. Rehabilitation programs for juveniles or other 
prisoners are scarce to nonexistent. The Government has acknowledged 
these problems but does not have sufficient resources to correct them 
quickly.
    In November prisoner Miguel Angel Rivero Siles died as the result 
of a fire in his prison cell; in May Carlos Freddy Cano Lopez was 
arrested and suffered severe burns after his cell mysteriously caught 
fire. He died in a hospital in June (see Section 1.a.). These were the 
second and third times since 1998 that prisoners had been burned in 
their cells. The authorities discharged the two policemen arrested for 
attempting to burn a drunken man in September 1998, but their judicial 
case still was pending at year's end. On November 29, the Ombudsman and 
the Ministry of Government signed an agreement that is expected to lead 
to closing down several prisons determined to have inhuman conditions, 
including the detention cell in La Paz where Cano Lopez was burned. The 
agreement also calls for repair of other substandard prisons, including 
San Sebastian prison in Cochabamba where Rivero Siles was burned.
    Two other prisoners died in hospitals under circumstances that 
suggested neglect by prison authorities in providing medical care. In 
one case, the victim's family alleged that his death was related to a 
beating he received when arrested in 1998; in the other, human rights 
organizations alleged that police had beaten the victim (see Section 
1.a.).
    The Government permits prison visits by human rights monitors and 
news media representatives.
    d. Arbitrary Arrest, Detention, or Exile.--There were some 
instances of arbitrary arrest and detention. Arrests are carried out 
openly. The law requires a valid warrant, which a court must confirm 
within 48 hours. However, there were credible reports that these legal 
safeguards were violated in some cases.
    Denial of justice through prolonged detention remains the most 
pervasive human rights problem. Judicial corruption, a shortage of 
public defenders, inadequate case-tracking mechanisms, and complex 
criminal justice procedures keep persons incarcerated for months, or 
even years, before trial. The Constitution provides for judicial 
determination of the legality of detention. Prisoners are released if a 
judge rules detention illegal, but the process can take months. 
Prisoners may see a lawyer, but approximately 70 percent cannot afford 
legal counsel, and public defenders are overburdened. Bail exists, 
except in some drug cases, and generally is granted.
    According to a 1998 study, approximately 60 percent of those jailed 
are still waiting for the processing of their cases to befinished, and 
of those, 30 percent already had served what would have been the 
maximum sentence for the crime they were accused of committing.
    The Government continued to address the problem of delay of justice 
by implementing the 1994 constitutional reforms to streamline the 
judicial system and by taking measures to correct other deficiencies as 
they come to light. Although large numbers of prisoners continued to be 
released under the Personal Recognizance Law promulgated in 1996, most 
prisoners still await either trial or sentencing.
    The expanding public defender program pursues an active approach by 
distributing concise information about human rights to the populace and 
seeking to be involved in arrest cases at the earliest possible 
juncture to ensure that human rights and due process are honored. The 
new program of mobile public defenders who can reach the more remote 
parts of the country has proven effective, obtaining the conditional or 
provisional release (often on bail) of arrested persons in about 60 
percent of the cases handled, and is being extended to additional 
isolated regions.
    Children from 11 to 16 years of age can be detained indefinitely in 
children's centers for known or suspected offenses, or for their 
protection, simply on the orders of a social worker. There is no 
judicial review.
    The 1997 abduction case of Waldo Albarracin, President of the 
Bolivian Permanent Assembly for Human Rights (APDH), continued to move 
slowly through the judicial system. The authorities had yet to take any 
action regarding the four police officials accused of abducting 
Albarracin.
    The Government does not use forced exile as a punishment.
    e. Denial of Fair Public Trial.--Although the judiciary is 
independent, corruption and intimidation in the judicial system remain 
major problems. Poor pay and working conditions help make judges and 
prosecutors susceptible to bribes. In March two of the five Supreme 
Court justices who were the subjects of corruption allegations or 
lawsuits were impeached, and one resigned. The Congress elected seven 
new Supreme Court justices in March; no new allegations of corruption 
were raised against that Court during the year.
    The judicial system has four levels: Investigative, trial, and 
superior courts, with the Supreme Court at the apex. Since the 
establishment of the Constitutional Tribunal in 1998, the Supreme Court 
hears only appeals, not constitutional issues.
    Police present the case of an arrested person to a prosecutor. If 
the prosecutor decides to prosecute, the case is then submitted to an 
investigative court, which decides whether there is sufficient evidence 
to issue an indictment; if so, the case goes to a trial court. The 
trial court's decision may be appealed to superior court and, 
eventually, to the Supreme Court. Cases of persons arrested under the 
counternarcotics law go directly from a special prosecutor to the trial 
court. The trial court's decision must be reviewed by the district 
superior court, which may confirm, lower, raise, or annul the sentence, 
or impose a sentence where there was none before. Both the district 
prosecutor and the defense attorney may make recommendations and 
comments at this stage. Superior court decisions in narcotics cases 
must be reviewed by the Supreme Court, whose decision is final. Under 
the Personal Recognizance Law, persons who are absolved or found 
innocent in either of the two first instances may then be granted 
provisional liberty while they await the mandatory higher reviews.
    The authorities generally respect the constitutional provision of 
the right to a fair public trial. However, the maximum time periods 
permitted by law for different stages of the judicial process 
frequently are exceeded. Supreme Court justices admit that it is 
sometimes difficult to assemble the quorum needed for decisions, and 
consequently the Court's rulings are unduly delayed.
    Defendants have the right to an attorney, to confront witnesses, to 
present evidence, and to appeal judicial decisions. The authorities 
generally honor these rights. Although the law provides for a defense 
attorney at public expense if needed, one is not always promptly 
available. The highly formal and corrupt judicial system makes it 
difficult for poor, illiterate persons to have effective access to 
courts and legal redress.
    In October the Constitutional Tribunal ruled that the Judicial 
Council, established in 1998 to oversee the judicial process and to 
provide an impartial body to review the actions of judges, did not have 
the power to dismiss judges because of an administrative finding of 
malfeasance alone. Earlier in the year, the Council had investigated 
numerous reports of judicial corruption, which led to the resignation 
or dismissal of more than 20 judges in Santa Cruz, Cochabamba, and La 
Paz. One of the dismissed judges, who allegedly accepted bribes from 
narcotics traffickers, protested his dismissal to the Constitutional 
Tribunal, which ruled that only a court finding of malfeasance, rather 
than a finding by an administrative body such as the Council, was cause 
for dismissal. The Tribunal's decision dealt a serious blow to the 
Judicial Council, weakening its role as a disciplinary body.
    A new Code of Criminal Procedures became law in May, with the full 
changes to take effect in June 2001. The new code is expected to 
facilitate more efficient investigations, transparent oral trials, and 
credible verdicts. The Government has hired 49 additional staff members 
to bolster rural public defense, including public defenders, legal 
assistants, and social workers.
    There were no reports of political prisoners.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the sanctity of the home 
and the privacy of citizens; although the authorities generally respect 
these provisions, there were credible allegations of UMOPAR abuses 
involving thefts of property. Residents in the coca-growing areas 
generally are reluctant to file and pursue formal complaints. In June 
the Government closed all of the human rights offices of the Ministry 
of Justice and Human Rights in the Chapare region due to a lack of 
funding. The Government plans to reopen two such offices in Chimore and 
Eterazama with assistance from an international donor. At year's end, 
final arrangements for the transfer of funds and management of this 
activity were still pending. These offices accept and pursue complaints 
of human rights abuses committed by anyone, including police, narcotics 
traffickers, and illegal coca growers.
    During the summer, there were allegations in the press that the 
Government was intercepting cellular communications, tapping phone 
lines, and wiretapping the offices of newspapers and television 
stations. The allegations regarding media offices did not appear to be 
credible.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for the 
fundamental right to express ideas and opinions freely by any means of 
dissemination; however, there are some limitations on freedom of 
speech. The Penal Code provides that persons found guilty of insulting, 
defaming, or slandering public officials for carrying out their duties 
may be jailed from 1 month to 2 years. If the insults are directed 
against the President, Vice President, or a Minister, the sentence may 
be increased by one-half. In August the authorities arrested politician 
and defense lawyer Otto Ritter for allegedly slandering the President, 
jailed him for several days, and then released him.
    In September the La Paz City Council chose 40 persons to serve on 
the La Paz Press Tribunal, an entity provided for by the 1925 Law of 
Print Media, following 10 years of controversy and attempts to nullify 
or amend the law. The Press Tribunal is authorized to evaluate 
journalists' practices that are alleged to violate either the 
Constitution or citizens' rights. Although the principal purpose of the 
1925 law is to protect press freedom from censorship, several 
organizations, including the Ministry of Information, asked the new 
Tribunal to close down two sensationalist tabloid journals. At year's 
end, the Tribunal had not taken any action concerning the two tabloids.
    State-owned and private radio and television stations operate 
freely. Newspapers are privately owned, and most adopt antigovernment 
positions. There were credible reports of government attempts to 
intimidate some news media to provide more favorable coverage.
    The Government prohibits the importation of pornographic books, 
magazines, or artwork.
    The Government respects academic freedom, and the law grants public 
universities autonomous status.
    b. Freedom of Peaceful Assembly and Association.--The law provides 
for the right of peaceful assembly, and the authorities generally 
respect this right in practice. The Government routinely grants permits 
for marches and rallies; however, in July the La Paz departmental 
government imposed a requirement for not only a permit but also a 
deposit in the event of damages, based on the estimated size of the 
demonstration. The requirement was a result of a demonstration in June 
that led to violent confrontations, which resulted in property damage. 
Human rights groups strongly opposed this new requirement as a 
restriction on the freedom of peaceful assembly. In September the Human 
Rights Ombudsman challenged the requirement as unconstitutional, and in 
November the policy was suspended indefinitely. In December the 
Constitutional Tribunal ruled that it was unconstitutional.
    As a rule, the authorities try to avoid confronting demonstrators. 
However, police clashed with union and other demonstrators on some 
occasions. Labor, political, and student groups carried out many 
demonstrations and rallies in La Paz and other cities throughout the 
year. The authorities intervened only when rallies became dangerously 
violent or interfered substantially with normal civic activity.
    The law provides for freedom of association, and the authorities 
generally respect this right in practice. The Government requires 
nongovernmental organizations (NGO's) to register with the appropriate 
departmental government. There were complaints against the departmental 
government of La Paz for the revocation of civil registrations for 
three NGO's established by the Unification Church (see Section 2.c).
    c. Freedom of Religion.--The Constitution provides for freedom and 
religion, and the Government respects this right in practice. Roman 
Catholicism predominates, and the Constitution recognizes it as the 
official religion. Non-Catholic religious organizations, including 
missionary groups, must register with the Ministry of Foreign Affairs 
and Worship and receive authorization for legal religious 
representation. There are 262 religious groups, mostly Protestant, 
registered; at year's end, approximately 100 applications were pending. 
The only minority religions in the country that have encountered 
problems are Hari Krishna and the Unification Church. Hari Krishna had 
registered as an educational organization instead of as a religious 
organization. The Government sought to expel Hari Krishna from the 
country in the mid-1980's; however, the attempt failed when the Supreme 
Court declared it illegal. At year's end, Hari Krishna was in the 
process of applying for registration as a religious organization. In 
August the Unification Church complained of ongoing harassment by the 
Government, specifically citing the August 1998 revocation by the La 
Paz departmental government of three civil registrations for church-
affiliated NGO's. However, the Unification Church still is registered 
legally with the Ministry of Foreign Affairs and Worship as a religious 
organization.
    At year's end, the Government was finalizing new regulations 
regarding religious organizations, with the participation of the 
religious community.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--There are no restrictions on travel. The 
law permits emigration and provides for the right to return. The 
Government does not revoke citizenship for political reasons.
    The law provides for the grant of asylum or refugee status in 
accordance with the provisions of the 1951 U.N. Convention Relating to 
the Status of Refugees and its 1967 Protocol. Human rights 
organizations have objected to some aspects of draft amendments to the 
Immigration Law that in their opinion could adversely affect asylees 
and refugees.
    The Government cooperates with the office of the United Nations 
High Commissioner for Refugees and other humanitarian organizations in 
assisting refugees. The Government has accepted persons for 
resettlement; it received over 40 refugees in 1999 and 5 in 1998. The 
issue of the provision of first asylum did not arise. After the 1996 
takeover of the Japanese Ambassador's residence in Lima, Peru by Tupac 
Amaru terrorists, the authorities found that some MRTA activists had 
used Boliviaas a safehaven and announced a more restrictive policy on 
accepting Peruvian political asylees. Nonetheless, MRTA and other 
terrorists continued to use the country as a safehaven and a place to 
plan activities.
    There were no reports of persons forced to return to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Political parties ranging from far left to moderate 
right function openly. Implementing regulations for the 1994 
constitutional revisions provide for half of the congressional deputies 
to be elected individually and directly, rather than from party lists. 
The first national election under these regulations was held in June 
1997, with attendance by international observers. Only one instance of 
tampering with ballots was detected.
    There are no legal impediments to women or indigenous people 
voting, holding political office, or rising to political leadership. 
Nevertheless, the number of women and indigenous people who have 
prominent positions in politics remains small. Political parties 
acceded to demands from women that they be allocated a fair share of 
the candidacies in the 1997 national elections, approving a law that 
every third candidate on party lists must be female. In addition, every 
other candidate on municipal election ballots, beginning with the 
second candidate, must be a woman--a development that has significantly 
augmented female representation at that level. There are 18 women among 
the 157 deputies and senators; there are no female ministers in the 
Cabinet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups operate without government 
restriction, investigating and publishing their findings on human 
rights cases. Government officials are generally cooperative and 
responsive to their views. However, several human rights NGO's 
complained that the Government blocked the access of human rights NGO 
representatives and one congressman who sought to observe the violent 
conflicts between illegal coca growers and security forces in the 
Chapare region in spring 1998. NGO's and the Ombudsman also have 
complained that Government security forces and government ministries 
have refused to cooperate when NGO's or the Ombudsman are conducting 
investigations. In 1998 the Government proposed a law that would have 
given it broad control over international NGO's, but the draft law was 
tabled later that year after negative reactions from the NGO's and 
international donors; the draft has not been proposed again. The 
Government criticizes human rights advocates for paying attention 
exclusively to the negative aspects of the Government's performance.
    APDH President Albarracin and his family have received anonymous 
threats in relation to the legal case against his alleged police 
abductors (see Section 1.d.). The APDH's branch office in Santa Cruz 
also received anonymous threats related to its investigations involving 
the security forces; unknown parties broke into its office and 
destroyed its computer.
    The Human Rights Ombudsman conducted numerous investigations and in 
August presented a comprehensive report to Congress that was critical 
of the Government. The House of Representatives Human Rights Committee 
also presented its annual report in August, which criticized the 
Government.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on race, sex, 
language, religion, political or other opinion, origin, or economic or 
social condition. Nonetheless, there was significant discrimination 
against women, indigenous people, and the small Afro-Bolivian minority.
    Women.--Violence against women is pervasive. According to the 
National Police's Department of Statistics and Planning, in 1998, 57 
percent of reported assaults were perpetrated against women. According 
to a 1997-98 study conducted by the Pan AmericanHealth Organization and 
the Ministry of Health and Social Foresight among women in three 
municipalities representative of the country's three major cultural and 
geographic zones, 62 percent of women reported experiencing some kind 
of domestic violence or abuse at least once in their lifetime. Twenty-
one percent had suffered psychological abuse, 28 percent had suffered 
non-life threatening physical violence, and 13 percent had suffered 
life-threatening violence. Rape is also a serious problem that is 
highly underreported.
    On October 29, President Banzer signed into law the Law to Protect 
Victims of Crimes Against Sexual Freedom, first proposed in 1997 as a 
draft law against sexual harassment. The new Code of Criminal 
Procedures (see Section 1.e.) for the first time considers sexual 
harassment a civil crime, also resulting in greater protection under 
the law. There are no statistics on the incidence of sexual harassment, 
but the problem is generally acknowledged to exist widely in the male-
oriented society.
    In 1995 the Government promulgated the Law on Domestic and Family 
Violence, which makes rape a public crime and broadens the definition 
of family member abuse. Public agencies state that reported incidents 
of abuse have increased markedly as a result of the new law, as 
citizens become more aware of the problem and of the availability of 
help. A proposed law to provide benefits and protection for domestic 
workers, including specific protection from physical, psychological, 
and sexual aggression still was pending in the Congress at year's end.
    Legal services offices devoted to family and women's rights operate 
throughout the country. Family protection police units, staffed by 
specially trained officers, including women, are also active.
    A medical security program inaugurated in July 1996 provides free 
medical care to women of reproductive age and to children under the age 
of 5, based on economic need.
    Prostitution is legal, and there were reports of trafficking in 
women for the purpose of prostitution (see Section 6.f.).
    Women generally do not enjoy a social status equal to that of men. 
Many women do not know their legal rights. Traditional prejudices and 
social conditions remain obstacles to advancement. Women generally earn 
less than men for equal work. Young girls often leave school early to 
work at home or in the economy. According to a 1997 study by the 
Ministry of Education, four out of five illiterate citizens are female. 
Although not effectively enforced, the national labor law is 
overprotective in some aspects, limiting women to a workday 1 hour 
shorter than that of men and prohibiting them from working at night.
    Children.--The Government is aware of the precarious situation of 
children and the need to provide legal and institutional infrastructure 
for their protection. Seven Defender of Children and Adolescents 
offices were opened in 1997 in La Paz to help protect children's rights 
and interests. However, the Government has not given the poor situation 
of children sufficient political priority to ensure that it will be 
corrected quickly and effectively.
    On October 27, President Banzer signed into law a new Code for 
Boys, Girls, and Adolescents, which codifies many obligations the 
country assumed by ratifying the U.N. Convention on Rights of the 
Child. It also regulates adoptions and tightens protection against 
exploitative child labor and violence against children. However, 
resource constraints are expected to impede full implementation of this 
law.
    Although the law requires all children to complete at least 5 years 
of primary school, this requirement is poorly enforced, particularly in 
rural areas. The Ministry of Education and the World Bank calculated in 
1997 that 26 percent of children graduated from high school. Prolonged 
teachers' strikes often result in lengthy school closures, limiting 
children's access to education.
    The National Institute of Statistics calculated in 1998 that 24 
percent of children under 3 years old were chronically undernourished. 
Malnutrition levels were highest on the Altiplano in general and in the 
department of Potosi in particular. A December UNICEF report on infant 
mortality indicated that 85 of every 1,000 children die before they 
reach 5 years of age.
    Many children, particularly from rural areas, lack the birth 
certificates and identity documents they need to secure social benefits 
and protection. There are credible allegations that as many as 200 
juveniles, for instance, are incarcerated as adults in the San Pedro 
jail for lack of reliable civil documents proving their ages.
    Corporal punishment and verbal abuse are common in school, and 
physical and psychological abuse in the home is also a serious problem. 
The rape and murder of a 10-year-old girl led to calls for the 
reimposition of the death penalty for such crimes. Although laws 
provide safeguards against children working, they are not enforced 
effectively. According to a May study commissioned by the International 
Labor Organization (ILO), approximately 369,385 children between the 
ages of 7 and 14 work (23 percent of that age group), usually to help 
provide for family subsistence, in uncontrolled and sometimes unhealthy 
conditions (see Section 6.d.).
    The old practice of ``criadito'' service still persists in some 
parts of the country. Criaditos are indigenous children of both sexes, 
usually 10 to 12 years old, whom their parents indenture to middle- and 
upper-class families to perform household work in exchange for 
education, clothing, room, and board. There are no controls over the 
benefits to, or treatment of, such children, who may become virtual 
slaves for the years of their indenture.
    People with Disabilities.--In 1997 the Government promulgated 
regulations to implement the 1995 Law on Disabilities. The regulations 
require wheelchair access to all public and private buildings; duty 
free import of orthopedic devices; a 50 percent reduction in public 
transportation fares; and expanded teaching of sign language and 
Braille. A National Committee for Incapacitated Persons was established 
to oversee the law's enforcement, conduct studies, and channel and 
supervise programs and donations for the disabled. The new electoral 
law made arrangements for blind voters. In general, however, there are 
no special services or infrastructure to accommodate people with 
disabilities. A lack of adequate resources impedes full implementation 
of the new law. Social attitudes keep many disabled persons at home 
from an early age, limiting their integration into society.
    Indigenous People.--Discrimination against, and abuses of, 
indigenous people continued. The indigenous majority generally remains 
at the low end of the socioeconomic scale, facing severe disadvantages 
in health, life expectancy, education, income, literacy, and 
employment. More than one-half of all citizens speak indigenous 
dialects as their first language, and many speak no Spanish at all, 
which essentially excludes them from most of the formal economy. Lack 
of education, inefficient farming and mining methods, indigenous 
cultural practices, and societal biases keep the indigenous people 
poor. They continued to be exploited in the workplace. Some rural 
indigenous workers are kept in a state of virtual slavery by employers 
who charge them more for room and board than they earn. Although the 
1996 Agrarian Reform Law extended the protection of the national labor 
law to all paid agricultural workers, including indigenous workers, the 
problem persists for lack of effective enforcement.
    The Agrarian Reform Law provides for indigenous communities to have 
legal title to their communal lands and for individual farmers to have 
title to the land they work. The Government and indigenous leaders 
jointly developed provisions of this law.
    Indigenous people complain that their territories are not legally 
defined and protected, and that outsiders exploit their resources. 
Specific offenders allegedly are illegal coca growers and timber 
pirates. Indigenous groups have taken advantage of the Popular 
Participation Law to form municipalities that offer them greater 
opportunities for self-determination.
    National/Racial/Ethnic Minorities.--There is ongoing societal 
discrimination against the small Afro-Bolivian minority.
Section 6. Worker Rights
    a. The Right of Association.--Workers may form and join 
organizations of their choosing. The Labor Code requires prior 
government authorization to establish a union, permits only one union 
per enterprise, and allows theGovernment to dissolve unions; however, 
the Government has not enforced these provisions in recent years. While 
the code denies civil servants the right to organize and bans strikes 
in public services, including banks and public markets, nearly all 
civilian government workers are unionized. Workers are not penalized 
for union activities. In theory, the Bolivian Labor Federation (COB) 
represents virtually the entire work force; however, only about one-
half of workers in the formal economy actually belong to labor unions. 
Some members of the informal economy also participate in labor or trade 
organizations.
    The Government completed drafting legislation for a new labor law 
designed to modernize the antiquated Labor Code and to make it conform 
with ILO conventions that the country already has ratified. However, 
prior to submitting the draft law to Congress, the Government planned 
to undertake a national dialog to gain support for labor law 
modernization.
    Workers in the private sector frequently exercise the right to 
strike. Solidarity strikes are illegal, but the Government has neither 
prosecuted those responsible nor imposed penalties. Significant strikes 
centered around annual negotiations over salaries and benefits for 
public employees. However, their real targets were the Government's 
economic and social reform programs. Most strikes were conducted and 
led by the militant Trotskyite element of the Urban Teachers Union, 
which protested the Government's education reform plan, including 
reform of teacher training institutions, a merit-based salary system, 
and decentralization designed to give municipalities greater control 
over education. Teachers' strikes shut down public schools for almost 
the entire month of February (the beginning of the school year).
    Unions are not free from influence by political parties. The COB 
itself is a political organization directed by Marxist ideologues. Its 
stated aim is to overthrow the Government's neoliberal economic 
program, and it gives little attention to serious collective 
bargaining. Most parties have labor committees that attempt to 
influence union activity and also have party activists inside the 
unions.
    The law allows unions to join international labor organizations. 
The COB became an affiliate of the Communist, formerly Soviet-
dominated, World Federation of Trade Unions in 1988.
    b. The Right to Organize and Bargain Collectively.--Workers may 
organize and bargain collectively. Collective bargaining, or voluntary 
direct negotiations between employers and workers without the 
participation of the Government, is limited but growing. The Labor Code 
was written in a period in which the COB, which purports to represent 
all worker groups and interests, had quasi-governmental status and the 
exclusive authority to negotiate with state-owned enterprises. The 
practice was for the COB and the Government to negotiate a global 
agreement on salaries, minimum wages, and other work conditions each 
year. With the privatization of most of these enterprises, the COB's 
relevancy has diminished markedly, and the practice of direct employee-
management negotiations in individual enterprises is expanding.
    The law prohibits discrimination against union members and 
organizers. Complaints go to the National Labor Court, which can take a 
year or more to rule due to a massive backlog of cases. The court has 
ruled in favor of discharged workers in some cases and successfully 
required their reinstatement. However, union leaders say problems are 
often moot by the time the court rules.
    In December the Labor Ministry inaugurated a telephone hot line for 
citizen inquiries about labor issues.
    Labor law and practice in the seven special duty-free zones are the 
same as in the rest of the country.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including forced and bonded labor by 
children. However, the practices of child apprenticeship and 
agricultural servitude by indigenous workers (see Section 5) constitute 
violations, as do some individual cases of household workers 
effectively held captive by their employers. In addition, women were 
trafficked for the purpose of prostitution (see Sections 5 and 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits employment of persons under 18 years of 
age in dangerous, unhealthy, or immoral work. The Labor Code is 
ambiguous on conditions of employment for minors from 14 to 17 years of 
age and permits apprenticeship for those 12 to 14 years old. This 
practice, sometimes tantamount to bondage (see Section 6.c.), has been 
criticized by the ILO. The extreme poverty of many families dictates 
the involuntary employment of their children for motives of survival. 
After an ILO-sponsored conference in May on the country's child labor 
problems, a new National Committee for the Eradication of Child Labor 
and the Protection of the Working Minor was formed. The Government also 
signed a memorandum of understanding with the ILO, pledging more 
attention to child labor, a 5-year plan to combat it, and adoption of 
policies against its most dangerous forms.
    Responsibility for enforcing child labor provisions resides in the 
Labor Ministry, but it generally does not enforce them throughout the 
country. Although the law requires all children to complete at least 5 
years of primary school, this requirement is poorly enforced, 
particularly in rural areas. Urban children sell goods, shine shoes, 
and assist transport operators. Rural children often work with parents 
from an early age. Children generally are not employed in factories or 
formal businesses but, when employed, often work the same hours as 
adults.
    e. Acceptable Conditions of Work.--In conformity with the law, the 
minimum wage is subject to annual renegotiation and was increased in 
January by 10 percent to approximately $56 (330 Bolivianos) per month, 
plus bonuses and fringe benefits. The minimum wage does not provide a 
decent standard of living for a worker and family, and most workers 
earn more. Although the minimum wage falls below prevailing wages in 
most jobs, certain benefit calculations are pegged to it. The minimum 
wage does not cover members of the informal sector, who constitute the 
majority of the urban work force, nor does it cover farmers, some 30 
percent of the working population.
    Only one-half of the urban labor force enjoys an 8-hour workday and 
a workweek of 5 or 5\1/2\ days, because the maximum workweek of 44 
hours is not enforced. The Labor Ministry's Bureau of Occupational 
Safety has responsibility for protection of workers' health and safety, 
but relevant standards are poorly enforced. Working conditions in the 
mining sector are particularly bad. Although the State Mining 
Corporation has an office responsible for safety, many mines, often old 
and using antiquated equipment, are dangerous and unhealthy. In some 
mines operated as cooperatives, miners earn less than $3 per 12-hour 
day. They work without helmets, boots, or respirators in mines where 
toxic gases abound; they buy their own supplies, including dynamite, 
have no scheduled rest periods, and must survive underground from 24 to 
72 hours continuously with little water or food. There are no special 
provisions in the law defining when workers may remove themselves from 
dangerous situations. Unless the work contract covers this area, any 
worker who refuses to work based on the individual's judgment of 
excessively dangerous conditions may face dismissal.
    f. Trafficking in Persons.--There are no laws that specifically 
address trafficking in persons, although aspects of the problem are 
covered in other laws and in the Constitution. There were reports of 
domestic trafficking in women for the purpose of prostitution. A union 
leader asserted that employment agencies lure rural indigenous women to 
cities with promises of employment as domestic servants but then force 
them to work without salaries to repay transport and other fees and 
sometimes turn them over to houses of prostitution. There were no 
reports of trafficking in persons to or from the country.
                                 ______
                                 

                                 BRAZIL

    Brazil is a constitutional federal republic composed of 26 states 
and the Federal District. The federal legislative branch exercises 
authority independent of the executive branch. In 1998 voters reelected 
President Fernando Henrique Cardoso to a second 4-year term. The 1998 
elections marked the third time since the end of military rule in 1985 
that citizens freely chose their president and elected the legislative 
bodies in accordance with the 1988 Constitution. All parties are able 
to compete on the basis of fair and equal procedures. The judiciary is 
independent but inefficient and subject to political and economic 
influence.
    In June the Government passed legislation creating the Ministry of 
Defense and swore in the first civilian minister. The chiefs of the 
army, navy, and air force gave up their separate cabinet-level 
positions. Police forces fall primarily under the control of the 
states. State police are divided into two forces: The civil police, who 
have an investigative role, and the uniformed police, known officially 
as the ``military police,'' who are responsible for maintaining public 
order. Although the individual state governments control the uniformed 
police, the Constitution provides that they can be called into active 
military service in the event of an emergency, and they maintain some 
military characteristics and privileges, including a separate judicial 
system. The federal police force is very small, primarily 
investigative, and plays little role in routine law enforcement. The 
state police forces committed numerous serious human rights abuses.
    Brazil has a market-based, diversified economy. The Government, 
which traditionally played a dominant role in shaping economic 
development, is encouraging greater private sector participation in the 
economy through privatization of state enterprises, deregulation, and 
removal of some impediments to competition, trade, and investment. 
Industrial production, including mining operations and a large and 
diversified capital goods sector, accounts for approximately 34 percent 
of gross domestic product (GDP); agriculture contributes about 13 
percent. Exports consist of both manufactured and primary goods. Among 
the principal exports are coffee, soybeans, textiles, leather, 
metallurgical products, and transportation equipment. Per capita GDP 
was about $2,600 (a significant drop in dollar terms because of 
currency devaluation), while the economy grew by 0.9 percent. Income 
distribution remained highly skewed, and the poorest half of the 
population received only 10 percent of national income while the 
richest 10th received 48 percent.
    The Government generally respected the human rights of its 
citizens; however, there continued to be numerous serious abuses. State 
police forces (both civil and uniformed) committed many extrajudicial 
killings, tortured and beat suspects under interrogation, and 
arbitrarily arrested and detained persons. Police were also implicated 
in criminal activity of all kinds, including killings for hire, death 
squad executions, and kidnapings for ransom. Prison officials often 
tortured and beat inmates. The state governments concerned did not 
punish most perpetrators of these abuses effectively. Police tribunals 
(special courts for the uniformed police) remained overloaded, rarely 
investigated cases thoroughly, and seldom convicted abusers. The 
separate system of uniformed police tribunals contributes to a climate 
of impunity for police officers involved in extrajudicial killings or 
abuse of prisoners. Prison conditions range from poor to extremely 
harsh. The judiciary has a large case backlog and often is unable to 
ensure the right to a fair and speedy trial. Justice is slow and often 
unreliable, especially in rural areas where powerful economic interests 
influence the local judiciary. Human rights monitors on occasion face 
threats and harassment. Violence and discrimination against women are 
problems. Child prostitution and abuse are problems. Despite 
constitutional provisions safeguarding the rights of indigenous people, 
government authorities often fail to protect them adequately from 
outsiders who encroach on their lands and fail to provide them with 
adequate health care and other basic services in many areas. 
Discrimination against Afro-Brazilians is a problem. Violence against 
homosexuals is a problem. Forced labor, including forced child labor, 
is a serious problem. Trafficking in women and children for the purpose 
of forced prostitution is a serious problem.
    The National Secretariat of Human Rights, which was established in 
1997, oversees the implementation of the 1996 Action Plan to address 
human rights abuses and is currently revising the plan in light of the 
experiences of its first 3 years. The Government undertook several 
programs to promote the protection of human rights. In an attempt to 
combat widespread impunity and to protect victims of human rights 
abuses, the Government passed legislation establishing a witness 
protection program.
    The Government's interministerial Committee for the Defense of the 
Human Being (CDDPH), chaired by the National Human Rights Secretary, 
continued to be an effective instrument to highlight human rights 
abuses and allocate federal resources to bolster the efforts of the 
states. The CDDPH was instrumental in diminishing death squad activity 
throughout the country. However, because of jurisdictional and resource 
limitations, the efforts of the Federal Government had an uneven and 
limited impact in many of the states where human rights violations are 
most common. The Government continued its interministerial campaign 
against child labor, which has lowered the incidence of child labor by 
roughly 24 percent since 1996.
                        respect for human rights
Section 1.  Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Extrajudicial 
killings continued to be a serious problem throughout the country. The 
uniformed police summarily executed suspected criminals rather than 
apprehend them and then filed false reports that the suspects were 
resisting arrest. The Government's failure to investigate, prosecute, 
and punish police who commit such acts creates a sense of impunity that 
continues to encourage human rights abuses. Harsh conditions in prisons 
and rioting led to the death of inmates (see Section 1.c.).
    The lack of accountability and the inefficient criminal justice 
system allow such impunity to continue. All crimes less serious than 
murder committed by uniformed police officers against civilians remain 
in the military justice system. In May an investigation into Sao 
Paulo's special courts for uniformed police uncovered 1,107 ``missing'' 
and ``delayed'' cases against uniformed police charged with crimes 
against civilians that include murder and torture. A newspaper that had 
access to 300 cases under investigation found 100 murder charges among 
them, some delayed for up to 12 years. Equally long delays allowed many 
cases of torture and lesser charges to expire due to statutes of 
limitations. This probe was the closest scrutiny ever of the special 
police courts and resulted in the authorities bringing criminal charges 
against two court officials.
    Human rights activists believe that the 1996 law (known as the 
``Bicudo'' law) giving civil courts jurisdiction over intentional 
homicide committed by uniformed police officers has had limited 
success. Civil prosecutors review only the most egregious and clear-cut 
cases. In less prominent cases, the decision whether a policeman 
committed an intentional homicide is based on a routine investigation 
performed by the police force itself. Almost without exception, the 
police investigators conclude that suspects were ``resisting arrest.'' 
In 1995--the last year before the implementation of the new law--police 
courts convicted 23 percent of officers tried for homicide. In 1998 
civilian courts convicted 48 percent of officers charged with homicide. 
The comparable rate for civilians tried for murder in Sao Paulo is 50 
percent.
    Police often were members of vigilante groups and death squads that 
were responsible for killings. In addition, uniformed and civil police 
involvement in criminal activity is widespread. Throughout the country, 
police were implicated in crimes ranging from killing for hire and 
kidnaping to drug trafficking and extortion. In October the Federal 
Government created a special Center to Combat Impunity, staffed by 
Justice Ministry officials and Federal Police agents, due to the 
widespread involvement of police, judicial, and elected authorities 
throughout the country in organized crime and the intimidation of 
potential witnesses, including death squad activity, which was exposed 
by a federal parliamentary committee of inquiry into narcotics 
trafficking. Public officials and civic leaders at every level, 
including President Cardoso, have criticized the climate of impunity in 
that contributes to ongoing acts of violence and crime committed by the 
police.
    The use of torture by police sometimes led to the death of the 
victims (see Section 1.c.).
    Police killings of street children continued (see Section 5).
    Harsh or dangerous prison conditions, official negligence, poor 
sanitary conditions, and a lack of medical care led to a number of 
deaths in prisons. Inmates at juvenile detention facilitiesrioted over 
20 times during the year. Four inmates were killed during one of the 
riots in December (see Section 1.c.).
    The office of the newly installed police ombudswoman in Rio de 
Janeiro state received 427 complaints in April, its first month of 
operation. Complaints against the uniformed police accounted for 70 
percent of that total. Police homicides roughly doubled in Rio de 
Janeiro from 1997 to 1998, where police killed 511 persons through 
October of that year. According to an earlier Institute for Religious 
Studies (ISER) study, Rio de Janeiro police killed half of their 
victims with four or more bullets and shot the majority of victims in 
either the shoulders or the head; 40 cases clearly demonstrated 
execution-style deaths, where police first immobilized the victims and 
then shot them at point-blank range. In 64 percent of the cases 
examined, the victims were shot in the back.
    According to the Sao Paulo state government, the uniformed and 
civil police killed 664 persons during the year. This reflects an 
increase of 28 percent over 1998. Off-duty officers were responsible 
for 224 of the killings, or 34 percent. Sao Paulo's civil police killed 
87 persons during the year, an increase of 47 percent from 1998. 
According to the Sao Paulo police ombudsman, more than half of the 
victims had no prior police records, a fact that he believes casts 
doubt on police claims that most shooting victims were resisting 
arrest.
    The Ombudsman for Public Security in Para state reported a total of 
27 cases of suspected extrajudicial killings by members of the state 
police forces through November, compared with 30 cases in 1998.
    Four uniformed police officers await trial in a civil court for the 
highly publicized killing of three young men aged 14, 17, and 21 in Sao 
Paulo on February 17 (Ash Wednesday). The officers arrested the victims 
for fighting, beat them, and were seen leading them into a forested 
area near where the bodies were found 2 weeks later. Each victim was 
shot once in the head. The perpetrators are charged with aggravated 
triple homicide, abuse of power, and hiding bodies.
    The authorities arrested five uniformed police officers in the 
March 31 shooting deaths of two persons, one of whom was mentally 
disabled, in Sao Paulo's Jardin Alba slum. The officers, who said that 
the victims resisted during a drug search, allegedly shot Jose Nunes da 
Silva, a disabled 22-year-old, several times in the back. They also 
killed 28-year-old Ednaldo Gomes do Nascimento, a bricklayer. Witnesses 
said that the officers dragged the bodies into their police car after 
the shooting and fired several shots around the area to simulate a 
shootout. The authorities charged the policemen with aggravated 
homicide.
    The authorities accused three uniformed police officers in Sao 
Paulo of the April ``lynching'' death of 20-year-old Ricardo Galvao, 
who was shot, stabbed, and beaten. Galvao was last seen in a police 
vehicle after being caught trying to steal a car. The police involved 
were charged with homicide and awaited trial at year's end.
    The authorities placed three uniformed police officers under 
investigation in the August 7 killings of two men whom they suspected 
of stealing their police motorcycle. The day after the motorcycle was 
stolen, the officers returned to the neighborhood, out of uniform, and 
harassed and threatened residents about the theft. Thiago Henrique 
Prado and Joao Martins Rissi were shot in the head soon thereafter 
while riding a motorcycle similar to the stolen police motorcycle. One 
of the victims was found clutching his identification document, the 
first item that police demand to see.
    In August the authorities placed three uniformed police officers in 
custody awaiting trial for killing two youths by shooting them in the 
head and leaving another for dead in Sao Bernardo do Campo, Sao Paulo. 
A third victim survived by feigning death and was placed in the witness 
protection program. The officers awaited trial at year's end.
    In December the uniformed police of the Federal District shot and 
killed one person and blinded two others while attempting to disperse a 
peaceful demonstration by public employees protesting for higher wages 
at the headquarters of the public works administration. The leadership 
of the uniformed police claimed immediately after the incident that the 
police had only used rubber bullets, but the autopsy of the deceased 
demonstrator showed that he had been killed by live fire. The Governor 
of the Federal District, Joaquin Roriz, dismissed the secretary 
forpublic security and the uniformed police's head of the special 
operations battalion as a result of the incident.
    In Natal in the state of Rio Grande do Norte, in February an 
unidentified assailant killed Antonio Lopes, a transvestite also known 
as ``Carla''. Carla had succeeded in carrying out a private 
investigation of the 1996 killing of human rights activist Gilson 
Nogueira, also in Natal. As a result of Carla's efforts, federal police 
found the weapon used in Nogueira's killing in the home of a civil 
police officer linked to the Golden Boys death squad.
    In January a state judge reinstated four uniformed police who had 
been suspended from the police force after being charged in the 
drowning death of a transvestite prostitute in 1998. At year's end, 
they still awaited trial. The four abducted two transvestite 
prostitutes, took them to a nearby beach, and ordered them at gunpoint 
to enter the rough surf. The surviving victim identified the assailants 
and entered a privately operated witness protection program. The four 
policemen claimed that they were acting under orders from superiors, 
but no supervising officers were interrogated or investigated regarding 
the incident.
    The Supreme Military Court annulled on technicalities eight 
uniformed policemen's military convictions of bodily harm and 
professional negligence. The policemen were involved in the highly 
publicized March 1997 killing and extortion incident in Sao Paulo's 
Vila Naval neighborhood. The defendants' 1998 convictions for homicide 
and abuse of authority were not affected. The police officers are to be 
retried, but the courts must retry them within 4 years of the date that 
the crime was committed (July 1997). The Sao Paulo state supreme court 
also called for a retrial of Otavio Gambra, also known as ``Rambo.'' A 
civil court had sentenced Gambra to 65 years in prison for the killing 
of Mario Jose Josino in the Vila Naval incident. Human rights monitors 
observed that all the annulments were based on technical grounds and 
predicted that the policemen will be convicted again in the retrials.
    In June a civil court absolved 4 uniformed police of murder in the 
controversial 1997 killings of 3 persons during an attempt to remove 
440 squatter families from Sao Paulo's ``Fazenda da Juta'' housing 
project. The police operation was broadcast on television and 
criticized by many for the use of excessive force. The ruling found 
that the poorly prepared police fired in self defense after violent 
provocation. A team of 500 well-equipped shock troops removed the 
squatters easily the next day after this initial attempt failed. Both 
the prosecution and defense held that the evidence did not support 
charges of homicide against the officers. The investigation determined 
that one officer who faced charges was not present at the scene.
    In August a civil trial jury in the city of Belem acquitted 3 
uniformed police officers in command of the unit responsible for the 
1996 the massacre of 19 landless workers at Eldorado de Carajas in the 
Amazonian state of Para. Human rights activists and President Cardoso 
criticized this verdict as a significant setback in the effort to 
change the climate of impunity regarding police crimes. Prosecutors 
filed separate motions asking that the verdict be annulled based on the 
evidence presented at the trial, that the judge be removed from the 
case on grounds of bias, and for a retrial because of faulty 
instructions given by the judge to the jury. At year's end, appellate 
court decisions on all three motions were still pending. National Human 
Rights Secretary Dr. Jose Gregori announced that he would consider 
bringing federal charges against the three officers if the verdict were 
not overturned. The trials of the remaining 147 uniformed police 
officers under their command continue (3 police initially charged had 
charges against them dropped), but prosecutors see little hope of 
convictions if the acquittals of their commanding officers stand. The 
start of the trial had been delayed for over a year due to procedural 
appeals by several of the defendants and the change of venue of the 
trial from the city of Maraba at the request of prosecutors.
    In October a judge granted a prosecution motion for a change of 
venue for the trial of the commanding officer and 10 other uniformed 
police officers charged with intentional homicide in the August 1995 
massacre of nine squatters in Corumbiara, Rondonia. Two police also 
died in the incident. Two squatters also are charged with intentional 
homicide for the deaths of the police. Prosecutors dropped charges 
against nine police, two of the squatters, and two landowners. The 
trial is scheduled to take place in the state capital of Porto Velho in 
June 2000.
    In November a jury in the state of Rio de Janeiro acquitted former 
military policeman Valdeir Rezenda of participation in the 1993 
massacre of 21 residents of the Vigario Geral neighborhood in Rio de 
Janeiro. In August a jury found former military policeman Roberto Cezar 
do Amaral guilty of one count of murder in the massacre. Amaral 
received a 6-year sentence, most of which he already had served. In 
October a jury found former uniformed policeman Adilson Saraiva da Hora 
guilty and sentenced him to 72 years in prison for the massacre. Juries 
acquitted former uniformed policemen William Alves and Julio Cesar 
Braga in September and August, respectively. Of the 32 police initially 
charged in the case, 13 have been acquitted, 4 convicted, and 13 await 
trial. Two died before coming to trial. As a result of tape recordings 
made among the original group of police tried while in prison, the 
authorities brought charges against an additional 19 officers; at 
year's end, they also awaited trial.
    Retired police colonel Ubiratan Guimaraes, having exhausted his 
appeals in June, is to stand trial in civil court for his role in the 
deaths of 111 inmates during an October 1992 riot in Sao Paulo's 
Carandiru prison. Guimaraes would be the first policeman at the rank of 
colonel to face a civilian jury under the Bicudo law. On May 26, a Sao 
Paulo court again delayed a hearing for 28 police charged with prisoner 
beatings during the Carandiru riot. In August the judicial authorities 
transferred the cases of 85 other uniformed policemen also accused of 
involvement in the killings from the Sao Paulo state supreme court to a 
lower court. Justice officials expect this transfer to delay the trial 
by 2 more years. Due to the statute of limitations, it is likely that 
the charges of assault against the prisoners will expire; however, the 
remaining group may be tried for homicide.
    Over one-fifth of Sao Paulo's uniformed police officers have 
received some kind of community police training under the state's 
community policing initiative. Initiated in December 1997, the program 
is expected to take 10 years to implement fully. Under the program, 
high-ranking police officials meet with citizens' consultative groups 
weekly. The uniformed police also instituted a policy of ``recycling'' 
policemen involved in shootings, removing them from patrols for 6 
months and offering them counseling.
    The International Committee of the Red Cross (ICRC) continued its 
human rights training courses for high-ranking state military police 
officers at the Federal Police Academy in Brasilia. A total of 800 
military police have been trained in basic techniques including the 
apprehension and interrogation of criminal suspects without recourse to 
excessive or unnecessary force. The program is scheduled to run until 
September 2000. The results then are to be reviewed by the independent 
Center for the Study of Violence at the University of Sao Paulo. The 
military police in Rondonia state already have incorporated the ICRC 
program into their general police training program.
    Death squads in which the police are involved contribute 
significantly to the level of violence and lawlessness, according to 
public security officials. Human rights groups reported the existence 
of organized death squads linked to the police forces that target 
suspected criminals and persons considered undesirable (such as street 
children) in almost every state. A report on death squads issued by the 
committee for human rights of the Federal Chamber of Deputies in June 
highlighted death squad activity with police involvement in the states 
of Bahia, Rio Grande do Norte, Mato Grosso do Sul, Mato Grosso, 
Amazonas, Para, Paraiba, Ceara, Espiritu Santo, and Acre. The report 
stated that death squads ``arise because of the loss of credibility in 
the justice and public security institutions and the certainty of 
impunity as the result of the incapacity of the institutions that have 
jurisdiction in resolving the problem.'' The report indicated that 
death squad activity appears to be declining except in Bahia. According 
to human rights activists there, executions attributable to death 
squads numbered 63 for the first 4 months of the year, compared with 
104 for all of 1998 and 93 in 1997.
    In October uniformed police in Salvador, Bahia, arrested Robelio 
Lima dos Santos after an attempted bank robbery in which he was wounded 
in the pelvis. Although dos Santos was alive when placed in a police 
vehicle, he arrived at the hospital dead with three shots in his 
throat. As a result of witness testimony, including that of a 
photographer who took pictures of Santos while he was still alive, the 
authorities arrested four uniformed police; they awaited trial at 
year's end.
    In August the Governor of Espiritu Santo (the state with the 
highest rate of homicide), stated in a press interview thatdeath squad 
activity involving the police contributed significantly to the level of 
violence in the state. A state police investigation and a state 
parliamentary committee of inquiry reported that an informal 
organization, the ``Squad le Cocq'' involving police, judicial, and 
elected authorities, including Jose Carlos Gratz, president of the 
state assembly, was responsible for the vast majority of organized 
crime in the state.
    In Rio Grande do Norte, Maurilio Pinto de Medeiros, a civil 
policeman who has occupied positions as high as the second ranking 
official in the state Ministry for Public Security, is accused of 
leading a death squad called the Golden Boys that is responsible for at 
least 51 killings in recent years. In Amazonas, a group known as ``The 
Firm,'' involved in kidnaping, torture, extortion, and child 
prostitution, reportedly operated with the support of the state 
secretary for public security.
    An investigation instigated by the former president of the supreme 
court of Acre state and carried out under the auspices of the CDDPH 
amassed evidence that former Acre military police chief and former 
state deputy Hildebrando Pascoal headed a crime ring and death squad in 
that Amazonian state linked to at least 30 murder and torture cases 
previously suspended by state authorities for lack of evidence. Charges 
against Pascoal include the kidnaping--with the collusion of military 
police officers from Piaui--and murder of the suspected killer of 
Pascoal's brother, and the kidnaping of the victim's wife and children 
in an attempt to locate the victim. A congressional committee of 
inquiry also established Pascoal's control of narcotics trafficking 
within the state. A witness who testified before that committee 
identified the site of a mass grave in Acre that federal authorities 
believe Pascoal's organization used to dispose of at least eight murder 
victims. Pascoal's election to the federal Chamber of Deputies in 
October 1998 conferred on him parliamentary immunity from all 
prosecution. However, in October the Chamber voted to remove Pascoal's 
immunity, and the police subsequently arrested him. At year's end, he 
was in prison and awaited trial on charges of murder; additional 
charges of narcotics trafficking and electoral violations were pending.
    In 1998 human rights monitors visiting the morgue in Maceio, 
Alagoas state, found that the bodies of 12 persons, who allegedly were 
the victims of a death squad that included members of the police, were 
missing. The authorities had been investigating the group, known as the 
Uniformed Gang, because most of its members reportedly were police 
officers. They arrested more than 60 police officers, and the courts 
sentenced 3 policemen to 6-year prison terms for illegal possession of 
machine guns. At year's end, various charges were pending in Alagoas 
against many of the other 57 officers arrested in this case.
    State and federal authorities in the state of Mato Grosso do Sul 
failed to resolve the case of 5 uniformed policemen implicated in 11 
death-squad style killings committed in 1997. A state legislator 
monitoring the investigation believed that these policemen committed at 
least 40 such homicides. In a separate incident, the authorities 
charged one of the five with killing for hire.
    The authorities also failed to conclude the investigation of the 
May 1996 death squad killings in the Franco da Rocha neighborhood of 
Sao Paulo, although no charges have been filed in connection with the 
case. Witnesses identified five uniformed police officers as having 
arrested four men who were found dead a few hours later. Franco da 
Rocha is one of Sao Paulo state's poorest communities and the location 
of a clandestine dumping site for the victims of death squads. Since 
1993 at least 212 bodies have been found there, including 50 victims 
killed by bullets to the head. Progress in the investigation has been 
hampered by difficulty in identifying bodies whose heads or hands were 
amputated.
    Several persons were killed in conflicts involving the settlement 
of disputes of land ownership and usage. The Rural Landless Worker's 
Movement (MST) continued its campaign of legal occupation of lands 
identified as unproductive and illegal occupation of land not yet so 
designated. MST activists destroyed private property during some 
occupations, including the burning of an historic farmhouse in Sao 
Paulo in June. The Catholic Church's Pastoral Land Commission (CPT), 
the country's foremost entity monitoring human rights in rural areas, 
released in October its report on rural violence covering 1998. The 
report presents a mixed picture of the overall human rights climate 
relating to the country's land conflicts. Killings of landless 
activists increased to 47 in 1998, compared with 30 in1997, while 
attempted murders rose from 37 to 46. Cases of torture rose from 5 to 
35, but less serious indicators of aggression fell sharply. The report 
notes increased actions by the Government to remove activists from 
illegal settlements resulting in increased confrontations and 
destruction of property and homes, but also notes that the pace of 
agrarian reform outstripped new MST occupations, contributing to a less 
violent climate overall.
    The CPT's report concludes that the climate of impunity enjoyed by 
landed interests as a result of the ``fragile'' justice system and the 
collusion of local political interests continues to encourage serious 
human rights abuses of landless activists, including murder and 
torture. However, the report also notes that the tactics of the land 
reform movement have led to a self-perpetuating cycle in recent years, 
whereby increased confrontation and tension have led to increased 
government attention, encouraging in turn more land occupations.
    In June the Government launched a toll-free service, ``Call Land 
and Peace'' for citizens wishing to report situations of possible 
conflict in rural areas as a result of confrontations over land issues.
    Unidentified gunmen killed the brother of a local MST leader on 
March 31 in Parana state. Eduardo Anghinoni was shot while visiting his 
brother, MST leader Celso Anghinoni, in an MST camp in Querencia do 
Norte. Local MST leaders claimed that the murder was politically 
motivated and that Eduardo was the true target. The MST blamed members 
of the Rural Democratic Union (UDR), a landowners' lobby, for the 
killing. The police arrested three suspects in April but later released 
them due to insufficient proof. At year's end, the police had made no 
further progress.
    In April 1998, an employee of a local landowner reportedly shot and 
killed MST leader Sadi Padillo in Abelardo Luz, Santa Catarina. The 
local Labor Party president charged that an armed militia paid by local 
landowners had targeted MST leaders for murder. Padilla had led a group 
of 300 families who occupied a local holding but who had left 
peacefully after reaching an agreement with the Government's land 
reform agency. The CPT reported that 26 landless activists were killed 
through November of that year. In December 1998, Sao Paulo state police 
reported finding the bodies of two MST members with bullet wounds in 
their heads and signs of torture. They had been leaders of a group of 
180 peasant families who occupied land in September near Sao Jose dos 
Campos in northeastern Sao Paulo state. Such killings usually go 
unpunished, because the landowners thought to be responsible for many 
of them reportedly control the police in isolated areas and intimidate 
local judges and lawyers with violence and threats of violence.
    The Government delayed the trial of MST leader Jose Rainha from 
December until March 2000, after prosecutors failed to serve proper 
notice of the trial date to Rainha and his attorneys. In 1997 a court 
convicted Rainha of the 1989 killings of landowner Jose Machado Neto 
and police officer Sergio Narciso da Silva. In August 1998, a federal 
appeals court upheld the decision of the state supreme court of 
Espiritu Santo to move the retrial of MST leader Jose Rainha to the 
state capital of Vitoria. A jury in the small, rural town of Pedro 
Canario, Espiritu Santo, sentenced Rainha to 26 years for the killing. 
The jury convicted Rainha even though the prosecution presented no 
material evidence and witnesses testified to Rainha's presence 1,500 
miles away from the scene of the crime. Since Rainha's sentence 
exceeded 20 years, he was automatically entitled to a retrial.
    A 1997 court decision sentenced police investigator Celso Jose da 
Cruz to a 516-year jail term for involvement in the killings of Machado 
Neto and Narciso da Silva; Cruz appealed the verdict and awaited a 
retrial at year's end. Twenty-nine other policemen charged as 
codefendants in the case still were awaiting trial.
    According to human rights activists monitoring the case, 
proceedings have stalled against the former mayor of Rio Maria, in the 
state of Para, who was charged with the 1985 murder of Joao Canuto, the 
first president of the rural workers' union in Rio Maria. Canuto's 
daughter, Luzia Canuto, received death threats as a result of the case. 
In June 1998, the Inter-American Commission on Human Rights (IACHR) 
criticized the Federal Government for failing to prosecute the crime.
    The four suspects charged with manslaughter in the burning of 
Pataxo Indian leader Galdino Jesus dos Santos still awaited trial at 
year's end. In 1998 an appellate court upheld a 1997court decision to 
prosecute for manslaughter rather than murder. In 1999 a superior court 
ruled that the defendants would be tried by a jury, and the defense 
appealed the decision. At year's end, a ruling on the appeal was 
pending. Dos Santos died in April 1997 after the suspects set him on 
fire while he was asleep on a public bench.
    Vigilante groups and death squads, which often included police 
officials, were also responsible for killings.
    The National Secretariat for Human Rights sponsors training 
programs in human rights, carried out in cooperation with federal and 
state entities and national and international organizations, in most 
states. The Secretariat administers a human rights training program for 
policemen in cooperation with Amnesty International in 10 states. Human 
rights groups maintain that the effect of these programs has been 
limited, at best. However, human rights activists in many states 
reported increased willingness of police authorities to address their 
concerns and to deal with problems brought to their attention.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    In 1995 Congress passed legislation recognizing and assigning 
government responsibility for the deaths of political activists who 
``disappeared'' during the military regime while in the custody of 
public officials, and obligating the Government to pay indemnities of 
between $100,000 and $150,000 (200,000 to 300,000 reias) to each of the 
families. In September 1997, President Cardoso signed a decree awarding 
reparations to the families of 43 such persons. A commission created by 
the law continued to evaluate requests for, and authorize payment of, 
indemnities.
    In May Sao Paulo officials announced the reopening of an 
investigation to identify 1,048 skeletons found in a hidden mass grave 
in 1990. Before this inquiry was suspended in 1998, medical examiners 
had identified the remains of five individuals who disappeared during 
the military regime.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and a 1997 law prohibit torture and 
provide severe legal penalties for its use; however, there are frequent 
credible reports that police torture and beat criminal suspects to 
extract information, confessions, or money. Victims generally are poor, 
uneducated about their rights, and afraid to come forward due to fear 
of reprisals. The Government estimated in 1994 that fewer than 10 
percent of cases of mistreatment by police are reported.
    The Government appointed Joao Batista Campelo director of the 
Federal Police in June, but he resigned days later following 
allegations that he had supervised the torture of a suspect during an 
interrogation that he conducted in 1970.
    The Sao Paulo state police ombudsman received 356 complaints 
through the first 6 months of the year alleging torture, abuse, or 
mistreatment. This represented a slight decrease from the same period 
in 1998, when the ombudsman received 380 such complaints. Allegations 
of torture or abuse represented 14 percent of all complaints received, 
compared with 24 percent the previous year. The ombudsman's office 
believes that many cases are not reported.
    In September the Globo newspaper in Rio de Janeiro published the 
results of an investigation into allegations of torture by Rio de 
Janeiro state police. The police opened a total of 53 investigations 
regarding complaints of torture against police authorities since the 
1997 torture law came into effect. Only one of those inquiries, which 
was suspended officially, had been concluded. The Globo report 
identifies several patterns, including the use of electric shock, 
beatings with iron bars, and sexual abuse including sodomy with foreign 
objects. The report notes that the police classified such incidents as 
``abuse of authority and physical assault,'' offenses far less serious 
than torture. As a result of Globo's reporting, the state government 
ordered an independent review of the 53 cases, and the Federal 
Government established a task force to review Rio de Janeiro police 
practices.
    In November in Alagoas state, a court convicted eight former civil 
policemen of torture and sentenced them to prison in the case of Jose 
Joaquim Araujo, a suspect who was in police custody in April. The civil 
police arrested him on suspicion of killinga civil policeman, but 3 
days later, another person confessed to the killing. Araujo charged 
that more than 20 police participated in beating him in an attempt to 
force him to confess. Only 10 hours after being released from prison, 
Araujo was killed. The authorities immediately dismissed nine civil 
policemen and the two commanding officers of the precinct where Araujo 
was held.
    Sao Paulo officials were investigating allegations that 
investigative police of Sao Paulo's 26th police district humiliated and 
beat prisoners in May after inmates secretly audiotaped 20 police 
officers and 2 guards beating them and threatening to kill them. In 
response to these and other allegations, in October Sao Paulo state 
authorities announced creation of a special service to receive 
complaints of torture and violence committed by investigative and 
uniformed police.
    In July an investigator who works with police officers accused a 
civil (investigative) police supervisor and two detectives of torturing 
suspects in a police station in Campo Largo, Parana. The investigator 
presented tape recordings of torture sessions to a police investigative 
body. Police chief Marcos Antonio de Oliveira and detectives Moacir 
Santos Silva and Fernando de Freitas are accused of torturing a victim, 
who was recorded for 11 minutes screaming and pleading for the officers 
to stop. The victim gave a deposition and underwent a medical exam to 
determine the cause of various scars and wounds. The police officers 
deny any involvement and accuse the investigator of inventing the 
allegations of torture.
    In testimony before the Federal Chamber of Deputies' human rights 
committee in April 1998, a member of the National Conference of 
Catholic Bishops' Prison Pastoral Commission criticized the abusive 
practices of two special units of the Sao Paulo civil police--the 
special operations group and the armed unit for the prevention of 
robberies and assaults.
    No judgment has been handed down in the case of Otavio dos Santos 
Filho, who allegedly died as a result of torture at Sao Paulo's Depatri 
jail. Dos Santos was beaten severely in October 1998, when he insisted 
on receiving medical treatment for a kidney infection. Dos Santos' 
death certificate states that he died of a general infection, but 
relatives claim that photographs they took of his body show clear 
evidence of torture and beatings. In December the Folha de Sao Paulo 
newspaper reported that police authorities had taken no disciplinary or 
investigative action regarding 107 cases of torture and beating that 
took place in the Depatri jail in February 1998 and were confirmed by 
the Police Medical Institute.
    In 1997 civil policemen in Belem, Para state, under the command of 
Captain Clovis Martins de Miranda Filho, accosted Hildebrando Silva de 
Freitas, who apparently failed to pay a bribe for a liquor license for 
his bar. At Captain de Miranda's direction, as many as 10 police 
officers severely beat and sexually abused de Freitas. In September 
1998, an internal police investigation concluded that de Freitas had 
suffered severe physical injury and did not contest the testimony of 
the witnesses who corroborated his account, but declared there to be no 
connection between his injuries and the officers who had confronted 
him. At year's end, the case was under review by the Para state 
prosecutors' office. De Miranda has brought a defamation suit against 
the state ombudsman for public security in Para for statements that she 
allegedly made to the press regarding the case. The state has declined 
to bear the costs of the ombudsman's defense.
    Police violence against homosexuals continued (see Section 5).
    There continue to be numerous credible reports of state police 
officials' involvement in crime, including revenge killings and 
intimidation and killing of witnesses involved in testifying against 
police officials.
    In the first 6 months of the year, the Sao Paulo state police 
ombudsman received 256 complaints (representing 10 percent of total 
complaints) of extortion, illicit enrichment, or corruption. These 
figures represent an 181 percent increase from the same period in 1998, 
when the ombudsman received 141 such allegations.
    Prison conditions range from poor to extremely harsh. Severe 
overcrowding was prevalent, especially in larger cities. Amnesty 
International stated that the prison system was ``in crisis'' in a 
comprehensive report on prisons released in June. According to Ministry 
of Justice figures for 1998, 88,926 prisoners, roughly 85 percent of 
the prison population, were kept in substandard conditions. Of that 
total, 70,681 wereserving sentences in jailhouses and police lock-ups, 
rather than penitentiaries. The situation was most critical in the 
states with the largest prison populations, including Sao Paulo, Rio de 
Janeiro, Bahia, Rio Grande do Sul, and Pernambuco. Most penal 
authorities in these states do not have the resources to separate minor 
offenders from adults and petty offenders from violent criminals. 
Prison riots were frequent occurrences. Discipline is difficult to 
maintain under such conditions, and prison officials often resort to 
inhuman treatment, including torture.
    Poor working conditions for prison guards aggravate substandard 
prison conditions and encourage corruption. The director of Sao Paulo's 
Carandiru prison (the largest in the country) told representatives from 
Amnesty International that many cases of torture and use of excessive 
force result in part from employees' working conditions. An 
investigation of the more than 1,100 employees of Sao Paulo's prison at 
the end of 1998 showed that 241 had criminal records themselves. The 
majority of the charges against them were for crimes committed while 
working at the prison and ranged from drug trafficking and threats to 
assisting in escapes. The state secretary of penitentiary 
administration was aware of the guards' criminal pasts and allowed them 
to continue working.
    Prisons do not provide adequate protection against violence 
inflicted by inmates on each other. Prisoners are subject to extremely 
poor health conditions as well. Scabies and tuberculosis, diseases not 
common in the general population, are widespread in Sao Paulo prisons. 
The Ministry of Justice estimates that 10 to 20 percent of the national 
prison population is HIV positive. Denial of first aid and other 
medical care is sometimes used as a form of punishment.
    The Amnesty International prison report was based on 33 visits to 
prisons in 10 states. In December 1998, Human Rights Watch also issued 
a comprehensive report entitled ``Behind Bars in Brazil,'' based on an 
intensive review of prison conditions in eight states. Both reports 
meticulously detail inhuman conditions and systematic and wide-ranging 
abuses of human rights throughout the prison system. Among the most 
serious charges detailed are the commonplace undocumented and 
uninvestigated deaths of inmates at the hands of authorities or other 
prisoners, and the routine use of torture against inmates by both 
guards and police officers.
    Overcrowding in Sao Paulo's prisons and police detention centers, 
which house roughly 40 percent of the country's prisoner population, is 
a critical human rights problem. Sao Paulo's prisoners exceed the 
intended capacity of the state's prisons by almost 22 percent; roughly 
49,400 prisoners occupy space designed for around 40,500. Half of the 
32,000 prisoners in the state's police stations and holding facilities 
already have been sentenced and should be in state penitentiaries, but 
remain in temporary facilities due to lack of space. Although state 
prison capacity increased by 50 percent with the opening of 21 new 
jails since 1998, intake of new inmates into the older facilities took 
up 90 percent of the additional new capacity.
    In November 1998, President Cardoso approved a law authorizing 
alternative sentencing for nonviolent offenders, aimed in part at 
easing prison overcrowding. In its prison report, Amnesty International 
noted that the states of Rio Grande do Sul and Mato Grosso do Sul have 
imposed noncustodial sentences effectively, but pointed out that in 
states such as Rio de Janeiro alternative sentencing has not been 
implemented effectively. In Sao Paulo, while 8 percent of convicted 
criminals are eligible, only 1.3 percent serve alternative sentences. 
Since 1997 the Government has created capacity for an additional 30,000 
spaces, a 43 percent increase in total capacity. While the total prison 
population grew 14.8 percent since 1997, prison overcrowding has 
decreased by 7.3 percent. However, the Government has suspended plans 
for the construction of 52 new prisons.
    Women's facilities in Sao Paulo's penitentiary system are even more 
overcrowded than those for men. Facilities built to accommodate 600 
female inmates hold 1,055. The state's prison expansion program did not 
include provisions for additional space for women.
    In August a court in Minas Gerais state convicted three military 
police and a jail warden of torturing prisoners who had attempted a 
jailbreak from the Ibia prison in February 1998. The authorities 
charged them under the 1997 law against torture, and the court 
sentenced each of the accused to 4 years in prison.
    A recent study by the U.N. Latin American Institute for Crime 
Prevention and Treatment of Criminals reported that between 1994 and 
1997, 59 individuals died and 374 were injured in 225 ``prison 
incidents'' in Sao Paulo state. These numbers refer to riots only and 
do not include deaths or injuries from disease or abuse.
    Two prison riots on August 8 and 9 in Jundiai, Sao Paulo state, 
left 3 prisoners dead and 13 wounded. During the riots, 120 private 
security guards from around the city surrounded the prison and 
prevented the escape of the 277 inmates (housed in a prison designed 
for 120). Upon several prisoners' requests, a municipal judge 
reevaluated their cases, releasing 8 who already had served their 
sentences and transferring 20 to other prisons.
    In May, June, July, and October a series of over 20 riots and 
escapes occurred in Sao Paulo state youth detention centers, finally 
leading to the closure and demolition of the ``Imigrantes'' complex, 
the largest of the facilities. Before its closure, the Imigrantes 
complex housed 1,200 youths, although its designed capacity was 350. 
The Sao Paulo governor personally took charge of the State Foundation 
for the Care of Juveniles (FEBEM) crisis in October, transferring the 
minor inmates from the Imigrantes complex to other facilities and 
announcing a plan to construct several smaller centers, which would 
allow the state to separate violent and nonviolent juveniles. Teenage 
inmates brutally tortured and killed four fellow inmates during the 
biggest and most violent of a serious of riots at Sao Paulo's largest 
youth detention facility (see Section 1.a.).
    In April the authorities suspended four FEBEM guards from the 
Tatuape complex after a Catholic priest filed a complaint charging that 
guards beat 49 of 75 juvenile offenders. The priest alleged that the 
minors were beaten with metal bars and wooden sticks. The incident 
occurred after some of the victims escaped and were recaptured. A judge 
specializing in youth offenders was investigating the case. Although 
the authorities were unable to identify the individuals responsible for 
this abuse, during the last months of the year they were conducting 
about 30 criminal investigations of FEBEM employees for beating 
inmates.
    During an August 23 search of the Imigrantes FEBEM complex, a group 
of judges, public prosecutors, and children's advocates found dozens of 
weapons believed to be used for torturing inmates. The wooden and metal 
bats were hidden behind furniture and under insulation in an 
``employees only'' area. A Catholic priest involved in the 
investigation said that there were 69 youths in the facility who showed 
signs of torture. The president of FEBEM acknowledged the problem and 
said that he would try to determine which employees were involved. The 
president of the employees' union said that the weapons were hidden 
simply to keep them out of the youths' hands.
    It is government policy to permit prison visits by independent 
human rights monitors, and state prison authorities generally observe 
this policy in practice. Federal officials in the Ministry of Justice 
responsible for penal matters offered full cooperation to Amnesty 
International, which reported no significant problems in gaining access 
to state-run prison facilities. By contrast, Human Rights Watch noted 
in preparing its prison report in 1998 that gaining access to prisons 
was ``surprisingly difficult,'' and that barriers ranged from outright 
denial of access to the use of procedural delays. Only three states of 
the eight investigated--Amazonas, the Federal District, and Rio Grande 
do Norte--made their prisons completely accessible to Human Rights 
Watch. In 1998 the governor of Ceara withdrew a 1997 decree that barred 
members of the Catholic Church's prison ministry from entering prisons 
in that state after a prison riot in Fortaleza.
    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest and detention, and the Government generally observes 
this prohibition; however, police continued at times to arrest and 
detain persons arbitrarily. The Constitution limits arrests to those 
caught in the act of committing a crime or those arrested by order of a 
judicial authority. The authorities usually respect the Constitutional 
provision for a judicial determination of the legality of detention, 
although many convicted inmates are held beyond their sentences due to 
poor record keeping. The law permits provisional detention for up to 5 
days under specified conditions during a police investigation, but a 
judge may extend this period. However, groups that work with street 
children claim that the police sometimes detain street youths illegally 
without a judicial order or hold them incommunicado.
    Human rights monitors allege that civil and uniformed police 
regularly detain persons illegally to extort money or other favors, 
citing the Vila Naval incident of 1997 (see Section 1.a.) as only the 
most notorious example.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The judiciary is an independent 
branch of government; however, it is inefficient, subject to political 
and economic influence, and plagued by problems relating to lack of 
resources and training of officials. In many instances, lower-income, 
less-educated citizens make limited use of the appeals process that 
otherwise might ensure the right to fair trial.
    The judicial system, with the federal Supreme Court at its apex, 
includes courts of first instance and appeals courts. States organize 
their own judicial systems but must adhere to the basic principles in 
the Constitution. There is also a system of specialized courts that 
deal with police, labor, elections, juveniles, and family matters.
    Defendants in criminal cases arrested in the act of committing a 
crime must be charged within 30 days of their arrest, depending on the 
crime. Other defendants must be charged within 45 days, although this 
period can be extended. Defendants for all but the most serious crimes 
have the right to a bail hearing. Based on the police investigation 
leading to the formal charges, prosecutors prepare an indictment for 
the review of a judge, who determines if the indictment meets the legal 
requirements to bring the accused to trial. A judge and jury try 
persons accused of capital crimes, attempted homicide, or more serious 
charges. A judge tries lesser crimes. Defendants have the right to 
appeal all convictions to state superior courts. They further have the 
right to appeal state court decisions to both the Federal Supreme Court 
on constitutional grounds and to the Federal superior court to contest 
whether a decision was inconsistent with the decision of a court in 
another state or infringes on federal law. All defendants sentenced to 
20 years in prison or more have the automatic right to a retrial in the 
same court.
    Special police courts have jurisdiction over state uniformed police 
(except when charged with intentional homicide); the record of these 
courts shows that conviction is the exception rather than the rule. A 
study of police homicides in Rio de Janeiro state in 1993-96 found no 
instance of a conviction in 301 cases (see Section 1.a.). These courts 
(which are separate from the courts-martial of the armed forces, except 
for the final appeals court) are composed of four ranking state 
uniformed police officials and one civilian judge. With too few judges 
for the caseload, there are backlogs, and human rights groups note a 
lack of willingness by police to investigate fellow officers.
    In 1996 the President signed legislation giving ordinary courts 
jurisdiction over cases in which uniformed police officers are accused 
of intentional homicide against civilians. However, except for the most 
egregious or scandalous cases, the internal police investigation 
determines if the homicide was intentional, and the police tribunal 
decides whether to forward a case to a civil court for trial. As a 
result, few cases are referred to the civil courts. The first case to 
result in the conviction of an officer based on charges of intentional 
homicide occurred in 1998, when a Sao Paulo court convicted Otavio 
Gamba in the Diadema roadblock tortures and murders caught on 
videotape.
    In January the federal Senate formed a parliamentary committee of 
inquiry to examine alleged abuses in the administration of the justice 
system and to consider reform proposals. In a speech before the Order 
of Brazilian Attorneys in July 1998, President Cardoso criticized the 
slowness and poor administration of the justice system and said that 
reform was imperative. The president of the federal Supreme Court 
complained in a 1997 press interview about the volume of appeals that 
by law the Supreme Court must review. It takes 8 years to reach a 
definitive decision in the average case, a delay the Supreme Court 
president considered unjust. At the appellate court level, a large 
backlog of cases hinders the courts' ability to ensure fair and 
expeditious trials.
    Defendants are entitled to counsel and must be made fully aware of 
the charges against them. According to the Ministry ofJustice, 
approximately 85 percent of prisoners cannot afford an attorney. In 
such cases, the court must provide one at public expense; courts are 
supposed to appoint private attorneys to represent poor defendants when 
public defenders are unavailable, but often no effective defense is 
provided. Juries decide only cases of willful crimes against life, 
including crimes by police; judges try all others.
    The right to a fair public trial as provided by law generally is 
respected in practice, although in rural areas the judiciary generally 
is less capable and more subject to influence. Similarly, local police 
are often less dutiful in investigating, prosecutors are reluctant to 
initiate proceedings, and judges find reasons to delay when cases 
involve gunmen contracted by landowners to eliminate squatters or rural 
union activists.
    After a series of confrontations between police and rural activists 
illegally squatting on private land in the southern state of Parana in 
early 1999, the CDDPH examined charges in June and July by landless 
advocates that state authorities aggressively prosecuted crimes 
committed by landless protesters and ignored crimes committed by police 
and armed agents hired by landowners. As a result of the inquiry, the 
National Human Rights Secretary publicly called on the state secretary 
for public security to treat all parties in rural disputes evenhandedly 
and to prosecute crimes committed by police and landowners with full 
vigor.
    Low pay, combined with exacting competitive examinations that in 
some years eliminate 90 percent of the applicants, make it difficult to 
fill vacancies on the bench. The system requires that a trial be held 
within a set period of time from the date of the crime. However, due to 
the backlog, old cases frequently are dismissed. According to a former 
judge, this encourages corrupt judges to delay certain cases purposely, 
so that they can be dismissed. Lawyers often drag out cases as long as 
possible in the hope that an appeals court might render a favorable 
opinion and because they are paid according to the amount of time that 
they spend on a case.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for freedom from arbitrary 
intrusion into the home. Wiretaps authorized by judicial authority are 
permitted. The law regulating the conditions under which wiretaps may 
be used appears to strike a fair balance between giving the police an 
effective law enforcement tool and protecting the civil liberties of 
citizens. The inviolability of private correspondence is respected.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution prohibits all 
forms of censorship and provides for freedom of speech and a free 
press, and the authorities respect these rights in practice.
    Newspapers and magazines, which are privately owned, vigorously 
report and comment on government performance. Both the print and 
broadcast media routinely discuss controversial social and political 
issues and engage in investigative reporting. Most radio and television 
stations are privately owned; however, the Government has licensing 
authority, and politicians frequently obtain licenses. Current or 
former congressmen, some of whom are or were members of the committee 
that oversees communications, own many television and radio stations. 
It is difficult to determine how many media outlets are indirectly 
controlled by politicians, since concessions often are registered in 
the names of family members or friends linked to them. In addition, the 
Government regularly approves transfers of concessions already granted 
to other individuals with little oversight.
    The penalty for libel under the 1967 Press Law--a prison term--is 
considered extreme by judges and rarely is imposed. Press criticism has 
described it as an archaic and authoritarian law inherited from the 
military regime. In a report issued in October 1998, the National 
Association of Journalists (ANJ), which represents 115 separate press 
organizations, claimed that the threat of prohibitive fines and jail 
sentences discouraged freedom of the press. The ANJ cited two judgments 
made during the year against publishers that amounted to hundreds of 
thousands of dollars and included jail terms of several months.
    Complex electoral campaign laws regulate the broadcast media and 
prescribe complicated arrangements to apportion the free use of 
commercial radio and television broadcast time granted to political 
parties during an election campaign. The short periods for rulings and 
nonappeal provisions of the regulations are designed to enforce 
discipline and to ensure that remedies are applied in a timely matter. 
Media and free speech advocates generally accept the manner in which 
the campaign laws are enforced.
    Foreign publications are widely distributed; prior review of films, 
plays, and radio and television programming is used only to determine a 
suitable viewing age.
    The National Federation of Journalists (FENAJ), the Brazilian Press 
Association, and the ANJ have documented and criticized a number of 
violent attacks, including killings, and threats against journalists in 
retaliation for investigative reporting on organized crime, police 
corruption, government fraud, and human rights abuses. The ANJ cites 
impunity for crimes committed against journalists and uneven and 
inappropriate application of the Press Law as impediments to the 
functioning of a free press without censorship. In its annual report, 
FENAJ documented 3 retaliatory homicides of journalists and 10 
additional cases of death threats and assault in 1998. Charges have 
been brought in none of these cases.
    Academic freedom is respected.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right to assemble peacefully, and the Government 
respects this right in practice. Permits are not required for outdoor 
political or labor meetings, and such meetings occur frequently.
    In December police shot and killed one person and blinded two 
others who were taking part in a protest organized by striking public 
workers in Brasilia. Due to public criticism over use of such force by 
police to control the protest, the Federal District governor demanded 
the resignations of the state secretary for public security and the 
chief of the uniformed police's special operations division (see 
Section 1.a.).
    The Constitution provides for freedom of association, and the 
Government respects this right in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice. There is 
no favored or state religion. All faiths are free to establish places 
of worship, train clergy, and proselytize, although the Government 
controls entry into Indian lands.
    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation.--There are no restrictions on movement, 
except entry into protected Indian areas, nor are there any 
restrictions on emigration or return. However, a parent is not allowed 
to leave the country with children without the permission of the other 
parent.
    On March 31, the mayor of Corumba, Mato Grosso do Sul state, 
expelled 27 indigents from the city by force only days before a visit 
by the President. Human rights groups charged that the actions by the 
mayor and five police officials constituted kidnaping and private 
imprisonment. The mayor justified his action by saying that the town 
could not support its 150 indigents and that the 27 he removed were not 
really town residents. According to the media, many cities in Sao Paulo 
state allow indigents to stay for only 12 hours before the city buys 
them one-way tickets out of town.
    In July 1997, the Government passed legislation with provisions for 
asylum and refugee status intended to conform to the principles of the 
1951 United Nations Convention Relating to the Status of Refugees and 
its 1967 Protocol. The Government provides first asylum and cooperates 
with the office of the U.N. High Commissioner for Refugees (UNHCR) and 
other humanitarian organizations in assisting refugees.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Voting is secret and mandatory for all literate 
citizens age 18 to 70, except for military conscripts who may not vote. 
It is voluntary for minors age 16 to 18, for the illiterate, and for 
those age 70 and over.
    Women have full political rights under the Constitution and are 
increasingly active in politics and government; however, they remain 
underrepresented in both fields. Cultural, institutional, and financial 
barriers continue to limit women's participation in political life. The 
number of female candidates for office in the 1998 national elections 
roughly doubled, compared with the number in 1994, according to 
statistics released by the Supreme Electoral Court. Women constituted 
12.3 percent of the total candidates. However, their representation in 
the national Congress decreased from 7.6 percent to 6.1 percent after 
the 1998 elections; 29 women were elected to the 513-seat Chamber of 
Deputies, and 5 to the 81-seat Senate. There is 1 woman in the 29-
member Cabinet. In May the President appointed the first woman to the 
11-member Supreme Court.
    Diverse ethnic and racial groups, while free to participate 
politically, are not represented in government and politics in 
proportion to their numbers in the general population.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of local and national human rights groups operate without 
government restriction, investigating and publishing their findings on 
human rights cases. Federal officials generally are cooperative and 
responsive to their views. Federal and state officials, in light of 
insufficient resources, in many instances actively solicit the aid and 
cooperation of NGO's in addressing human rights problems. However, 
human rights monitors on occasion are threatened and harassed due to 
their efforts to identify and have action taken against human rights 
abusers, especially members of the state police forces (see Section 
1.a.).
    Established in April 1997, the Justice Ministry's National 
Secretariat of Human Rights oversees implementation of a 1996 action 
plan to address human rights abuses. The Secretariat administered or 
sponsored programs to reduce violence among the poor, to train police 
officials in human rights practices, and to combat discrimination 
against blacks, women, children, indigenous people, the elderly, and 
the disabled. The Secretariat was reviewing its programs in light of 
its experiences in its first 2 years in order to increase its 
effectiveness. In 1998 the National Human Rights Secretary, Dr. Jose 
Gregori, received the U.N. human rights prize for his role in 
implementing the plan and his accomplishments on behalf of human 
rights, dating back to his cooperation with groups trying to restore 
democracy during the period of military rule.
    In December the Government released the first National Report on 
Human Rights, independently prepared by the Center for the Study of 
Violence at the University of Sao Paulo. The National Secretariat for 
Human Rights, the University of Sao Paulo, and the U.N. Development 
Program co-sponsored the preparation of the report. The report is a 
comprehensive account of the human rights situation in each state, and 
provides information on health, education, public security, and labor 
conditions. The report also provides a list of human rights monitors 
and advocates in each state.
    Two attorneys working for a human rights group in Aracatuba, Sao 
Paulo state, received death threats after successfully prosecuting 
three police officers who were convicted of torture and homicide. The 
caller gave the attorneys 15 days to leave town or they would be 
killed. The lawyers asked for police protection and refused to leave 
the city.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    Discrimination on the basis of sex, race, religion, or nationality 
is against the law, but women, blacks, and indigenous people continued 
to experience discrimination. The International Labor Organization 
(ILO) notes that important differences in wages exist to the detriment 
of women and blacks, particularly in rural areas. The Government passed 
a law in May 1997 that provides prison penalties and fines for racist 
acts,including promulgation of pejorative terms for ethnic or racial 
groups, use of the swastika, or acts of discrimination based on sex, 
religion, age, or ethnic origin. Several individuals have been charged 
with racism since the law's enactment, mostly for the use of racial 
slurs.
    There continued to be reports of violence against homosexuals, 
although it was not always clear that the victim's sexual orientation 
was the reason for the attack. In January police officials in Rio de 
Janeiro reported incidents of gangs attacking patrons of known 
homosexual bars and nightclubs. The Rio de Janeiro state secretariat 
for public security instituted a telephone hot line, which persons 
could call for information regarding acts of violence against 
homosexuals. The secretariat also instituted a training course for the 
police in dealing with homosexuals. The Gay Group of Bahia (GGB), the 
country's best known homosexual rights organization, and Amnesty 
International have in the past 6 years documented the existence of 
skinhead, neo-Nazi, and ``machista'' gangs that attacked suspected 
homosexuals in other cities including Salvador, Belo Horizonte, and 
Brasilia. In some cases these gangs included police officers.
    The GGB maintains that increasing numbers of homosexuals are being 
killed because of their sexual orientation. However, the data compiled 
by the GGB and its claims that violence against homosexuals is rising 
cannot be confirmed, as they are based on a selective sampling of press 
and other reports and because the motive for the crime is not always 
clear. Information from the GGB and other homosexual rights groups 
clearly indicates that transvestite prostitutes, the most visible 
homosexual group, are at a greater risk of violence than other 
homosexuals. Police routinely extort money from transvestites and often 
beat or kill those who fail to cooperate (see Section 1.a.). Gay rights 
activists in the city of Recife compiled substantial evidence of 
extortion and the unlawful use of violence against transvestite 
prostitutes. In past years, flagrant abuses by the police in the states 
of Alagoas and Bahia have been reported.
    Women.--The most pervasive violations of women's rights involved 
sexual and domestic violence, which are both widespread and vastly 
underreported. There is a high incidence of physical abuse of women. 
Most major cities and towns have established special police offices to 
deal with crimes of domestic or sexual violence against women; such 
offices total over 200. Rapes reported to the police in the state of 
Rio de Janeiro increased 45 percent in the period between 1994 and 
1998, the last year for which data were available, according to the 
state secretariat for public security. Both state authorities and 
women's rights activists agree that a large number of rapes go 
unreported. According to a study carried out in two middle class 
neighborhoods in Rio de Janeiro in 1998, only 10 percent of women who 
had suffered violent attacks reported them to the police. The Sao Paulo 
Center for Assistance to Female Victims of Sexual Violence reported 
that 400 women sought the center's intervention in rape cases after 
receiving no help from the police in 1998. In rural areas, abused women 
have little recourse since there are no specialized offices available 
to them. Trafficking in women for the purpose of forced prostitution is 
also a serious problem (see Section 6.f.).
    Men who commit crimes against women, including sexual assault and 
murder, are unlikely to be brought to trial. Although the Supreme Court 
in 1991 struck down the archaic concept of ``defense of honor'' as a 
justification for killing one's wife, courts are still reluctant to 
prosecute and convict men who claim that they attacked their wives for 
infidelity. Preliminary results from a study done by an academic at the 
Catholic Pontifical University of Sao Paulo indicate that 70 percent of 
criminal complaints regarding domestic violence against women are 
suspended without a conclusion. Only 2 percent of criminal complaints 
of violence against women lead to convictions. In June 1998, the 
National Movement for Human Rights reported that female murder victims 
were 30 times more likely to be killed by current or former husbands or 
lovers than by others. The state of Rio de Janeiro opened two shelters 
for victims of domestic violence during the year, bringing the total 
number in the state to four.
    The Constitution prohibits discrimination based on sex in 
employment or pay and provides for 120 days of paid maternity leave. 
However, the provision against wage discrimination rarely is enforced. 
According to statistics released in 1998 by the International 
Confederation of Independent Unions, women are paid on average 44 
percent less than men. According to government statistics released in 
August 1998, women with a highschool education or less earn, on 
average, 63 percent of the salaries earned by men with the same level 
of education. Black women earned on average 26 percent of a white 
male's salary. A 1998 study by a sociologist showed that women who 
started working in positions in which they earned twice the minimum 
wage advanced in pay after 10 years to a wage of seven times the 
minimum wage. Men starting in the same positions earned 2.6 times the 
minimum wage and advanced to a wage of 10.9 times the minimum wage 
after 10 years. A Ministry of Labor survey reported that the average 
starting salary for high school educated women in Sao Paulo was one-
third less than the average starting salary for high school educated 
men.
    In response to the Maternity Leave Law, some employers seek 
sterilization certificates from female job applicants or try to avoid 
hiring women of childbearing age. In an effort to end such practices, 
President Cardoso signed a law in 1995 that prohibited employers from 
requiring applicants or employees to take pregnancy tests or present 
sterilization certificates. Employers who violate the law are subject 
to a jail term ranging from 1 to 2 years, while the company must pay a 
fine equal to 10 times the salary of its highest paid employee.
    Children.--Millions of children continue to suffer from the poverty 
afflicting their families, must work to survive, and fail to get an 
education. Schooling is free and compulsory for the first six grades 
and is available in all parts of the country. The education system does 
not exclude any groups; however, 1.5 million children between 7 and 14 
years of age do not attend school.
    According to data released by the U.N. Children's Fund (UNICEF) in 
June, 21.1 million children and adolescents, or 35 percent, live in 
poverty. More than 2.9 million children age 14 and under continue to 
work; 583,000 of whom were between the ages of 5 and 9. Many of these 
children work together with their parents, most often in agriculture, 
under conditions approximating forced labor or debt bondage (see 
Sections 6.c. and 6.d.). Many other children beg on the streets of 
cities. A UNICEF report published in June estimated that 50,000 
children nationwide work in garbage dumps sorting trash for re-use.
    According to the most recent government figures released in 
November, the number of children working has decreased steadily since 
1993, while the number of children attending school has increased. The 
Federal Government administers a total of 33 programs under 5 separate 
ministries aimed at combating child labor. The Ministry of Labor's 
program for the eradication of child labor provided supplemental income 
or ``school scholarships'' to the families of 147,000 children in rural 
areas who in return must attend school. According to the Government, an 
additional 202,000 children living in urban areas benefit from similar 
programs administered by municipalities. The city of Belo Horizonte 
announced in March that a similar pilot program, cosponsored by UNICEF 
and implemented in 1996, had served 1,500 children, achieved a success 
rate of 92 percent. The cities of Olinda and Sao Bernardo do Campos 
also started similar programs. Participating families received the 
equivalent of $60 a month in return for which their children had to 
attend school regularly. However, in November the Federal District 
government suspended the school scholarship program, one of the 
country's first, originally adopted by the previous administration and 
considered by UNICEF and children's advocates as widely effective.
    According to research undertaken by UNICEF, the nation 
significantly lowered its rates of child mortality and malnutrition and 
made progress in access to education; however, UNICEF noted that not 
all the goals for progress in specific health categories for the year 
2000 would be reached.
    There are no reliable figures on the number of street children, 
some of whom are homeless, but the majority of whom return home at 
night. Disparities in the numbers of children living in the street 
reported by children's rights activists indicate the difficulty of 
arriving at accurate estimates. The Center for the Defense of Children 
and Adolescents (CEDECA) in Belem, in the state of Para, reported that 
in 1998 a total of 2,328 youths under the age of 18, totaling 0.5 
percent of the youth population, spent their days in the streets. 
CEDECA estimated that 97 of those youths lived permanently in the 
streets. CEDECA estimated that the total number of street children in 
Belem declined by 33 percent from 1993, while the number of youths 
living in the streets declined by 62 percent.
    In Rio de Janeiro, an organization aiding street children estimated 
in 1997 that 30,000 frequent the streets by day but probably less than 
1,000 sleep there. In Sao Paulo, NGO's aiding street children estimated 
that some 12,000 children roam the streets by day and that from 3,000 
to 5,000 of them live permanently on the streets. In Salvador, Bahia, 
NGO's estimated that the number of children who sleep in the streets 
was less than 1,000, although this number fluctuates widely during the 
weeks between Christmas and Carnival, when children from the region are 
attracted to the city by the large number of tourists and festivals. 
CEDECA in Belem also noted wide fluctuations in the population of 
street children as a result of the celebration of local festivals.
    NGO's in Rio de Janeiro have made 28 shelters available for 
homeless children, but some children prefer the freedom and drugs that 
street life offers. Drug use, particularly glue sniffing and crack, is 
increasingly prevalent among street children. One dose of poor quality 
crack sells for $0.55 in downtown Sao Paulo. NGO's report that extreme 
poverty at home or sexual abuse by fathers and stepfathers are the 
principal reasons so many children choose to live in the streets. A 
national study of rape cases carried out by a group of Sao Paulo 
academics indicated that family members committed roughly 70 percent of 
rapes within their own homes. An IBGE study reported that 47 percent of 
Sao Paulo street children come from families that earn less than $200 
((350 reias) per month. Nationwide, the Inter-American Development Bank 
estimated that some 30 million children live below the poverty line and 
increasingly come from households headed by women.
    Because street children have a high rate of drug use and have been 
involved in assaults and robberies, a significant portion of the public 
supports harsh police measures against them, viewing the issue as one 
of crime and security, not human rights. CEDECA in Salvador attributes 
the vast majority of unresolved homicides of children in the Salvador 
region to the action of police and death squads.
    According to statistics released by the Government in November, 
homicide remains the leading cause of death among 15- to 19-year-olds. 
Previous statistics from UNICEF and the IBGE showed that the homicide 
rate within this age group more than tripled between 1980 and 1997. 
Among children between the ages of 10 and 14, homicide accounted for 
5.1 percent of all deaths in 1998. According to the ISER, in Rio de 
Janeiro the rate of homicides of children ages 10 to 14 rose 34.4 
percent and the rate of youths ages 15 to 19 rose 30.6 percent between 
1996 and 1998. During the same period, the general rate of homicide 
decreased. Within a 2-month period in May and June, a total of four 
youths were killed in public areas in the city of Rio de Janeiro. The 
CEDECA in Belem reported a 40 percent increase in the incidence of 
violence against children under the age of 18 in Para state during 
1990-97. The majority of the victims were between 15 and 18 years of 
age.
    Trafficking in children for the purpose of forced prostitution is a 
serious problem (see Section 6.f.).
    A study released in March by the Information Network for Violence, 
Exploitation, and Sexual Abuse of Children and Adolescents (CECRIA), an 
entity within the National Human Rights Secretariat, states that 
government efforts to combat sexual exploitation of children need to be 
better tailored and coordinated (see Section 6.f.). It cites 40 
separate programs in the country operated by national and international 
NGO's, some in partnership with government entities, but notes that 
most of the programs face shortfalls in resources and personnel. In 
association with the Ministry of Justice, the NGO ABRAPIA has since 
1997 operated a telephone hot line to register complaints of sexual 
abuse against children and adolescents. The ABRAPIA also administers 
the ``SOS-child'' program in Rio de Janeiro state that registers 
complaints of domestic abuse against children and provides medical and 
social assistance.
    In April Sao Paulo civil police identified a child prostitution 
ring in the suburb of Guarulhos that exploited girls as young as age 
11. The ring counted on the complicity of nightclubs, motels, hotels, 
and even the girls' parents. Police claimed that the girls' parents 
were involved in the scheme and received part of their daughters' 
earnings.
    In June federal authorities charged eight persons with operating a 
child prostitution ring in the city of Teresina, capital of the state 
of Piaui. Among the accused clients of the ring were police officers. 
In September civil police in Alagoas uncovered a child prostitution 
ring involving local judicial authorities. In October civil police in 
Maranhao uncovered a childprostitution ring involving police, judicial 
authorities, and elected authorities.
    In October police in Campo Grande, Mato Grosso do Sul state, 
arrested three persons accused of running a brothel using girls between 
the ages of 13 and 16 (see Section 6.f.).
    People with Disabilities.--The Constitution contains several 
provisions for the disabled, stipulating a minimum wage, educational 
opportunities, and access to public buildings and public 
transportation. However, groups that work with the disabled report that 
state governments failed to meet the legally mandated targets for 
educational opportunities and work placement. A 1991 law stipulates 
that all businesses with over 200 employees must reserve 2 percent of 
their vacancies for the disabled. In August labor officials in the 
Federal District launched an information campaign to encourage firms to 
comply with the law and warned that firms not complying could be fined.
    The National Human Rights Secretariat sponsored a ``City for 
Everyone'' program in cooperation with municipal governments and 
national and international NGO's that focused on providing better 
access for the disabled to public areas and public transport. However, 
little progress in elimination of architectural barriers to the 
disabled has been made. In August the government in Rio de Janeiro 
state mandated that bus companies must make a specific number of buses 
on certain routes accessible to wheelchair users within 3 months. By 
year's end, 6 percent of the cities' bus fleets had been adapted for 
wheelchair use; however, no intercity or interstate buses had been 
modified.
    According to the Federal Ministry of Education, in 1997 only 5 
percent of the estimated 6 million school age children with 
disabilities had access to specialized instruction. Throughout the 
country, only 43 percent of school districts offer special instruction 
for disabled children. In the nine states in the northeast, only 24 
percent of school districts offer special instruction.
    Indigenous People.--The Constitution grants the indigenous 
population of approximately 330,000 broad rights, including the 
protection of their cultural patrimony and the exclusive use of their 
traditional lands; however, the Government has fallen short of securing 
these rights for indigenous people in practice. The Government 
estimates that over half live in poverty in communities whose 
traditional ways of life are threatened on a variety of fronts. The 
number of indigenous citizens receiving food assistance in the southern 
states of Sao Paulo and Rio Grande do Sul exceeded the total indigenous 
population at the time of the 1995 census in those states. The greatest 
number of beneficiaries reside in Mato Grosso do Sul state, where 
42,000 persons of a total indigenous population of 45,300 receive food 
assistance.
    Indigenous leaders and activists complain that indigenous peoples 
have only limited participation in decisions taken by the Government 
affecting their land, cultures, traditions, and allocation of national 
resources. They also criticized the Government for devoting 
insufficient resources for health care, other basic services, and 
protection of indigenous reserves from non-Indians. Illegal mining, 
logging, and ranching are serious problems on Indian land.
    The National Indian Foundation (FUNAI) is responsible for the 
coordination and implementation of indigenous policies. The President 
appoints the head of FUNAI; it is organized into 52 regions whose 
directors are appointed directly by the FUNAI president.
    The 1988 Constitution charged the Federal Government with 
demarcating indigenous areas within 5 years. During the year, the 
Government demarcated 6 areas totaling about 3,000 square miles. At 
year's end, the Government had completed demarcation of roughly 79 
percent of the total area of identified indigenous territory. Of the 
total of 561 identified indigenous areas, 205 remain to be demarcated 
legally. Identified indigenous territory comprises 11 percent of the 
national territory.
    The Government estimates that 208 of the total of 561 identified 
indigenous lands are used illegally by non-Indians for mining, logging, 
and agriculture. Non-Indian invaders destroy the environment and 
wildlife, spread disease, and provoke violent confrontations. FUNAI 
admits that it does not have thenecessary resources to protect 
indigenous lands from encroachment. In 1996 the Federal Government 
officially demarcated a 2,500 acre indigenous area in Rio Grande do Sul 
belonging to the Caingangue Indians. However, non-Indians who have 
occupied the land for years continued to charge the Indians rent to 
farm their land.
    Due partly to the Government's failure to provide adequate medical 
care as required by law, indigenous people have suffered epidemics of 
malaria, measles, and tuberculosis. According to the chief of FUNAI's 
medical department, 60 percent of the indigenous population suffers 
from a chronic disease such as tuberculosis, malaria, or hepatitis. In 
certain areas of the Amazon region, up to 80 percent of the population 
are affected. Illegal mining in the Amazon has led to the doubling of 
the incidence of malaria in the period 1994-98. FUNAI estimates that 75 
percent of the affected population is indigenous. The infant mortality 
rate among the Yanomami in 1997 was 13 percent, while infant mortality 
among non-Indian residents was only 1.5 percent. According to health 
workers' unions, poor working conditions and lack of resources from the 
Government make it very difficult for health workers to travel into 
indigenous areas to provide sufficient medical care.
    FUNAI also has been unable to provide mandated health care and 
other basic services. Hoping to improve the level of health care 
provided to indigenous people, in June the Government transferred that 
responsibility from FUNAI to the Ministry of Health.
    In October police in Pernambuco arrested and then subsequently 
released for lack of evidence a suspect in connection with the May 1998 
killing of Francisco ``Chicao'' de Assis Araujo. Indigenous rights 
activists criticized the release, noting that the suspect was 
identified after extensive assistance from an eyewitness. Araujo was a 
prominent campaigner for the indigenous population in his home state of 
Pernambuco. He had defended the land claims of his tribe, whose lands 
are being encroached upon by ranchers.
    In December 1998, the Federal Government issued a decree 
recognizing the original boundaries of the Raposa Serra do Sol 
indigenous area in the Amazonian state of Roraima, overturning a 
controversial decision made in 1996 by the Justice Minister to limit 
and alter the shape of the reserve. However, in April a state court 
upheld a claim brought by local landowners and economic interests and 
suspended the demarcation process. Indigenous activists claim that the 
Government's failure to carry out the December 1998 decree and allocate 
resources for the area's final demarcation was a political concession 
to local economic and political interests who then were able to 
influence the state court. The demarcation of Raposa Serra do Sol has 
been pending since 1992.
    The Constitution provides Indians with the exclusive use of the 
soil, waters, and minerals on indigenous lands, subject to 
congressional authorization. In granting authorization, the 
Constitution stipulates that the views of the affected communities must 
be considered and that the communities also must ``participate'' in the 
benefits gained from such use. However, legislation regulating mining 
on indigenous lands has been pending before the Congress since 1995. 
The Catholic Church-affiliated Indigenous Missionary Council (CIMI) 
criticized the regulations within the legislation that would provide 
for indigenous groups' approval of mining concessions and their 
participation in the profits from mining, on the grounds that they do 
not sufficiently address the constitutional rights of indigenous 
people.
    Landowners brought a civil action to the Supreme Court against a 
lower court ruling in Bahia that restored demarcated land of the 
Caramuru-Catarina Paraguacu reserve to the Pataxo Ha-Ha-Hae tribe. At 
year's end, no trial date had been set. Some tribe members began 
separate negotiations with landowners, who under FUNAI regulations may 
receive ``indemnification for benefactors of good faith'' in 
demarcation disputes. However, tensions remain extremely high in the 
area. In November Indians occupying part of the reserve held by farmers 
fired on and killed two uniformed police who had been dispatched to 
dislodge them. The Indians immediately fled the area, but one was 
subsequently charged with homicide. The state government dispatched 
more than 150 uniformed police to secure the area.
    No charges have been filed in the case of mass sterilizations 
promoted among women of the Pataxo tribe of Bahia by federal Deputy and 
medical doctor Roland Lavigne in exchange for votes during his 1994 
electoral campaign. Pataxo women were reluctant to have children 
because of the general level of poverty intheir community, and campaign 
workers reportedly convinced them that sterilization was the only 
effective form of birth control. CIMI claims to have confirmed 
independently that Lavigne sterilized at least 56 Pataxo women over the 
last 4 years. In the small settlement of Itaju do Colonia, all 10 of 
the women of childbearing age of the Pataxo Ha-ha-hae tribe were 
sterilized. CIMI reported that Lavigne paid campaign workers according 
to the number of Pataxo women brought to area hospitals. Pataxo leaders 
claimed that the sterilizations were a deliberate program of genocide 
intended to eliminate their tribe and free their land for farmers who 
illegally occupy the Pataxo reserve. Pataxo leaders requested federal 
police protection in August after receiving threats from farmers who 
are settled on their land. Federal and state authorities continue their 
investigation into the case.
    Religious Minorities.--Leaders in the Jewish community expressed 
concern over the appearance of anti-Semitic material on Internet 
websites compiled by neo-Nazi groups.
    National/Racial/Ethnic Minorities.--Although racial discrimination 
has been illegal since 1951, darker skinned citizens say that they 
frequently encounter discrimination. Legislation in force since 1989 
specifically prohibits, among other practices, denial of public or 
private facilities, employment, or housing to anyone based on race. A 
1997 amendment to this law added prohibitions against and jail terms 
for the incitement of racial discrimination or prejudice and the 
dissemination of racially offensive symbols and epithets. The media 
reported several arrests of persons charged with using racial slurs 
during the year. In April a judge sentenced a woman in the city of 
Porto Alegre to 4 months in prison for using an ethnic slur against her 
neighbor.
    An Afro-Brazilian woman in the city of Salvador, Bahia, filed suit 
against the authorities of a carnival group after they allegedly 
refused to allow her to join because of her race. The publicity 
surrounding the case led to other allegations of race discrimination in 
the organization of Salvador's carnival activities. As a result, more 
than 40 carnival groups subsequently adopted a voluntarily code 
limiting their grounds for denying prospective members and prohibiting 
denial on the grounds of race.
    In Sao Paulo human rights activists continued to express concern 
because of discrimination against blacks and poor persons from the 
northeast by neo-Nazi groups in the south. A group of human rights 
activists led by the chairman of the Sao Paulo state assembly's human 
rights committee called for investigation into the use of the Internet 
by racist organizations to disseminate illegal propaganda. The chairman 
identified the National Socialist Union for Sao Paulo and the National 
Front for Order and Progress as two of the groups. One human rights 
activist who monitors the Internet indicated that the number of neo-
Nazi sites decreased during the year. In August 1998, a university 
student in Sao Paulo was charged under the antidiscrimination law with 
disseminating racially offensive materials on the Internet.
    According to research carried out by the Inter-Union Department of 
Statistics and Socioeconomic Studies in 1998, Afro-Brazilians had 
higher rates of unemployment, earned less, and enjoyed less job 
stability than white Brazilians in each of the five largest 
metropolitan regions where data were gathered. In the region of 
Salvador, Bahia, which has the highest percentage of Afro-Brazilians of 
any metropolitan region, unemployment among Afro-Brazilians was 45 
percent higher than among whites (the difference among heads of 
household was 75 percent). In Sao Paulo, Afro-Brazilian unemployment 
was 41 percent higher than among whites and 64 percent higher among 
heads of households. Afro-Brazilian men earned on average between 62 
percent and 70 percent of the average salary earned by white men in the 
five regions surveyed. Afro-Brazilian women earned on average between 
33.5 and 47 percent of the average salary of a white man.
    According to a government-sponsored study released in April by the 
Institute for Applied Economic Research (IPEA), whites are more than 
twice as likely as blacks to expand a small business successfully. When 
levels of education and experience are equivalent, whites are still 33 
percent more likely to expand their businesses. The IPEA study 
indicates that self-employed blacks earn 64 percent less than their 
white counterparts, while black business owners earned 54 percent less 
than their white counterparts. Illiteracy is also a problem: 32 percent 
ofblacks are illiterate, compared with 14 percent of whites. Of 30,000 
students at the University of Sao Paulo in 1997, only about 1,000 were 
black.
    A much higher percentage of blacks are convicted by courts than 
whites, according to professor Sergio Adorno of the University of Sao 
Paulo's Nucleus for the Study of Violence. Adorno analyzed 500 criminal 
cases judged in Sao Paulo courts in 1990 and found that 60 percent of 
whites able to afford their own lawyers were acquitted, while only 27 
percent of blacks who hired lawyers were found not guilty.
    In September 1997, the Federal Government's Interministerial 
Working Group for the Valorization of the Black Population issued 29 
recommendations, including the creation of affirmative action programs 
for university admissions and government hiring. The group is charged 
with proposing public policies to increase the participation and access 
of Afro-Brazilians in society. The National Secretariat for Human 
Rights adopted some of the group's recommendations in the national 
human rights program and planned to incorporate many others in its 
revision of the National Human Rights Plan.
Section 6. Worker Rights
    a. The Right of Association.--The Labor Code provides for 
representation of all workers (except members of the military, the 
uniformed police, and firemen) but imposes a hierarchical, unitary 
system funded by a mandatory union tax on workers and employers. The 
sole bureaucratic requirement for new unions is to register with the 
Ministry of Labor, which by court decision must accept the registration 
and record it.
    Under a restriction known as ``unicidade'' (one per city), the code 
prohibits multiple unions of the same professional category in a given 
geographical area. The 1988 Constitution freed workers to organize new 
unions out of old ones without prior authorization of the Government, 
but retained other provisions of the old labor code. All elements of 
the labor movement as well as the International Confederation of Free 
Trade Unions (ICFTU) criticize the retention of unicidade. The 
Government has promised to end unicidade, but by year's end it had not 
yet introduced any such legislation.
    Unicidade has proven less restrictive in recent years, as more 
liberal interpretations permitted new unions to form and, in many 
cases, to compete with unions and federations that already had enjoyed 
official recognition. In practice, unicidade is enforced by the system 
of labor courts, which retain the right to review the registration of 
new unions and to adjudicate conflicts over their formation. This often 
can result in complicated jurisdictional quarrels. A splinter group 
used the principle of unicidade to resist a consolidation movement by 
the Workers' Unitary Central (CUT) and formed its own metalworkers' 
local in the ABC industrial suburbs of Sao Paulo in 1995. The dispute 
lasted 3 years before a court settlement was reached. The settlement, 
approved by a majority of the members of the unions involved, provided 
for the reincorporation of the dissident union into the Sao Paulo ABC 
metalworkers' union.
    Unions are independent of the Government and of the political 
parties. The leadership of major unions is distinct and independent 
from that of the political parties. In general, the major unions 
support left-of-center parties and in some instances form formal 
alliances with left-of-center parties to advocate or carry out protest 
acts regarding specific issues. Approximately 25 percent of the work 
force is organized, with well over half this number affiliated with an 
independent labor central. Intimidation of rural labor union organizers 
and their agents continues to be a problem.
    The Constitution provides workers with the right to strike (except 
for the military, police, and firemen). Enabling legislation passed in 
1989 stipulates that essential services must remain in operation during 
a strike and that workers must notify employers at least 48 hours 
before beginning a walkout. The Constitution prohibits government 
interference in labor unions, but provides that ``abuse'' of the right 
to strike (such as not maintaining essential services, or failure to 
end a strike after a labor court decision) is punishable by law. The 
Constitution specifies the right of public employees to strike, subject 
to conditions enacted by the Congress. Since the Congress has yet to 
pass the complementary legislation, labor and legal experts debate the 
limits of the right to strike forpublic employees. In practice, the 
Government has not interfered with their right to strike.
    Autoworkers, truckers, doctors in public health facilities, 
teachers, and municipal transit workers struck during the year. 
Formerly, the courts almost automatically ruled strikes abusive; in 
recent years the courts have applied the law with more discretion. The 
1989 strike law prohibits dismissals or the hiring of substitute 
workers during a strike, with certain exceptions, provided that the 
strike is not ruled abusive.
    Although the law makes no provision for a central labor 
organization, three major groups have emerged: the Workers' Unitary 
Central, the Workers' General Confederation (CGT), and the Forca 
Sindical (FS). A fourth central, the Social Democratic Union (SDS), was 
founded in September 1997. The centrals do not have legal standing to 
represent professional categories of workers, but all three centrals 
effectively can acquire such standing by affiliating with existing 
statewide federations or nationwide confederations, or by forming new 
federations and confederations.
    Unions and centrals freely affiliate with international trade union 
organizations. All three major centrals are affiliated with the ICFTU.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right to organize. With government 
assistance, businesses and unions are working to expand and improve 
mechanisms of collective bargaining. However, the scope of issues 
legally susceptible to collective bargaining is narrow. The labor court 
system exercises normative power with regard to the settlement of labor 
disputes, discouraging direct negotiation. The Cardoso Government made 
expansion of collective bargaining one of its major objectives in the 
labor sector.
    In mid-1995 the Cardoso administration promulgated a provisional 
measure that simultaneously ended inflation indexing of wages, allowed 
for mediation of wage settlements if the parties involved so desired, 
and provided greater latitude for collective bargaining. Unions have 
welcomed these changes, since previously the Labor Court and the Labor 
Ministry had responsibility for mediation in the preliminary stages of 
dispute settlement. In many cases free negotiations set wages; labor 
court decisions set them in others. Under the provisional measure, 
parties now may choose mediation freely.
    The ILO notes that important differences in wages continue to exist 
to the detriment of women and blacks, particularly in the rural sectors 
(see Section 5).
    The Constitution incorporates a provision from the old Labor Code 
that prohibits the dismissal of employees who are candidates for or 
holders of union leadership positions. Nonetheless, dismissals take 
place, with those dismissed required to resort to a usually lengthy 
court process for relief. In general, the authorities do not enforce 
effectively laws protecting union members from discrimination. Union 
officials estimate that only 5 percent of such cases reaching the labor 
court system are resolved within days through a preliminary judicial 
order. The other 95 percent generally take 5 to 10 years (and sometimes 
longer) to resolve.
    Labor law applies equally in the free trade zones. The unions in 
the Manaus free trade zone, like rural unions and many unions in 
smaller cities, are relatively weaker vis-a-vis industry than unions in 
the major industrial centers.
    c. Prohibition of Forced or Compulsory Labor.--Although the 
Constitution prohibits forced labor, there continue to be credible 
reports of forced labor in many parts of the country. Forced labor is 
most common in charcoal production and agriculture. The majority of 
cases occur when employers recruit laborers from population centers and 
transport them long distances to remote areas where escape is 
difficult. The Catholic Church's Pastoral Land Commission reported 14 
cases of forced labor in 5 different states involving more than 600 
workers in 1998. The number of cases of forced labor reported to the 
CPT has declined in the period 1996-98 (also see Section 6.d.).
    State police acknowledge that overseers or owners of many farms 
withhold pay from migrant laborers and use force to retain and 
intimidate them, but assert that such violations fall within the 
jurisdiction of the Federal Ministry of Labor. Federal laborand police 
officials state that cooperation with state police regarding labor 
violations is improving but far from optimum.
    The Federal Government's Executive Group to Combat Forced Labor 
(GERTRAF), coordinated by the Ministry of Labor, includes 
representatives from five different ministries and is administered in 
six regions throughout the country, so that local enterprises cannot 
rely on friendly local authorities to escape punishment. The 
enforcement arm of GERTRAF is the Special Group for Mobile Inspection, 
which consists of over 3,100 agents. During 1995-97, the teams carried 
out more than 400 raids and uncovered more than 130,000 persons working 
under conditions of varying degrees approximating forced labor. In 1998 
the group carried out 64 raids and uncovered 3,531 persons working in 
conditions of forced labor. Ministry of Labor officials admit that 
enforcement has been hampered by the remoteness of the areas in which 
forced labor is practiced and the difficulty of arriving in these areas 
without alerting those employing illegal labor. However, they say that 
the mobile inspectors have refined their tactics and greatly improved 
their enforcement abilities.
    Government officials and labor activists say that widespread 
poverty, low levels of education, and lack of awareness of worker's 
rights greatly complicate the effort to combat forced labor. 
Additionally, freed workers are often afraid to testify against those 
who recruited and supervised them and are unable to remain in the 
region in order to testify. Thus the authorities often have found it 
difficult to identify and locate the owners of farms or businesses that 
exploit forced labor. In 1997 the CUT initiated a 24-hour hot line with 
a toll-free number for reporting instances of forced labor. The 
Government passed legislation in December 1998 further defining forced 
labor and prescribing specific penalties for those convicted under the 
law.
    Trafficking in women for the purpose of forced prostitution is a 
problem (see Section 6.f.).
    The law prohibits forced and bonded labor by children, but it is 
not enforced adequately. Labor organizations continue to allege that in 
mining and the rural economy thousands of workers, including minors, 
are hired on the basis of false promises, and subjected to debt bondage 
and to violence if they try to escape.
    Trafficking in children for the purpose of forced prostitution is a 
problem (see Section 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Government amended the Constitution in December 1998 
to raise the minimum working age from 14 to 16 years. Under the 
amendment, apprenticeships may begin only at age 14. However, the 
authorities rarely enforce additional legal restrictions intended to 
protect working minors under age 18, and the problem is widespread.
    The law requires permission of the parents for minors to work, and 
working minors must attend school through the primary grades. Schooling 
is free and compulsory for the first six grades, and available in all 
parts of the country. The majority of children remain in school until 
age 14. The law bars all minors from night work, work that constitutes 
a physical strain, and employment in unhealthful, dangerous or morally 
harmful conditions. However, the Government estimates that 60,000 
children work in unhealthful conditions.
    Despite these restrictions, official figures state that roughly 2.9 
million children age 14 and under were employed, accounting for 4.2 
percent of the work force. Many children are forced by economic 
necessity to work alongside their parents in cane fields, cutting hemp, 
or feeding wood into charcoal ovens; frequent accidents, unhealthy 
working conditions, and squalor are common in these cases.
    The problem of child labor is serious. The small number of 
available inspectors limit enforcement of restrictions. Inspection 
suffers from a lack of resources, and as with forced labor, inspectors 
generally act on the basis of complaints and tips concerning the use of 
child labor. Employers illegally using child labor have been fined 
heavily for their offenses.
    The Government's national forum for the prevention and eradication 
of child labor, a program administered by the Labor Ministry in 
partnership with national and international NGO's, has been effective 
in significantly reducing child labor. According to government figures 
released in April, the number ofchild laborers has decreased over 26 
percent since 1996 (see Section 5).
    A report published by the Sergipe state government in 1997 stated 
that 10,000 children and adolescents between the ages of 6 and 18 were 
part of the labor force in the orange-growing region, with 54 percent 
between the ages of 7 and 14. Sergipe officials have acknowledged that 
the problem of child labor is widespread, and the state launched a 
federally funded program in May 1998 aimed at encouraging families to 
keep children in school rather than at work in the orange groves.
    Sugar cane growers illegally employ children and adolescents 
ranging from 7 to 17 years of age, many cutting cane with machetes. The 
charcoal industry, hemp cultivators in the northeast, and orange 
growers all have used illegal child labor. Children also perform 
various tasks in the mining and logging industries in the Amazon 
region. In addition, although both the Government and the industry have 
made strong efforts to eliminate it, there is still some child labor in 
the shoe industry.
    The private sector and particularly the Toy Manufacturers' 
Foundation for Children's Rights (ABRINQ) have been active in trying to 
remedy many of these abuses. ABRINQ reached an agreement with the Sao 
Paulo state sugar producers to remove child labor from that industry. 
In addition, ABRINQ persuaded Abecitrus, the citrus export 
organization, to agree to remove child labor from its operations. 
Because of ABRINQ's efforts, Volkswagen and General Motors, as well as 
other automakers, are studying the role of child labor in charcoal 
production, which is used to produce the cast iron and steel used in 
cars. Both manufacturers agreed to cease using products in which child 
labor is an element.
    ABRINQ has emphasized not just ending child labor but also putting 
children into good-quality schools. The shoe manufacturers in the city 
of Franca, with the help of ABRINQ, virtually eliminated child labor 
there and enhanced the educational opportunities of children whom they 
formerly employed. A similar project with Ministry of Labor direction 
has been successful in removing child labor from the shoe industry in 
Rio Grande do Sul. In Mato Grosso do Sul, a government-sponsored 
project has taken children from the charcoal industry there to the 
classroom, with parents receiving roughly the equivalent of the child's 
monthly earnings as long as the child attends school. The project, 
which began with 1,000 children, has been expanded to involve nearly 
2,500. In Rio Grande do Sul, encouraged by the ABRINQ model, unions 
representing tobacco growers, local cigarette manufacturers, and 
several international tobacco companies initiated a similar project in 
April targeted at farm families who use their own children in tobacco 
cultivation.
    Because of the success of the program in Mato Grosso do Sul, the 
Ministry of Labor expanded the program to the sugar producing regions 
of Pernambuco, where 20,000 children participate, and to the hemp-
growing area of Bahia, which has a program for more than 8,000 
children. In addition, the Ministry has begun a program to raise public 
consciousness concerning child labor, which ministry officials consider 
the key to eradication of the problem.
    The law prohibits forced and bonded labor for all workers, 
including children; however, enforcement varies considerably depending 
on the location.
    e. Acceptable Conditions of Work.--The minimum wage is 
approximately $70 (136 reais) a month, which is not sufficient to 
provide a decent standard of living for a worker and family. A 1997 
study by the Interunion Department of Socioeconomic Studies and 
Statistics concluded that the minimum wage was only slightly more than 
one-fourth that is necessary to support a family of four. Many workers 
outside the regulated economy, particularly in the rural northeast, 
earn less than the minimum wage.
    The Constitution limits the workweek to 44 hours and specifies a 
weekly rest period of 24 consecutive hours, preferably on Sundays. The 
Constitution provides for pay and fringe benefits and establishes new 
protection for agricultural and domestic workers, although not all 
provisions are enforced. All workers in the formal sector receive 
overtime pay for work beyond 44 hours, and there are prohibitions 
against excessive use of overtime.
    Unsafe working conditions are prevalent throughout the country. 
Fundacentro, part of the Ministry of Labor, sets occupational, health, 
and safety standards, which are consistent with internationally 
recognized norms. However, the Ministry has insufficient resources for 
adequate inspection and enforcement of these standards. There are also 
credible allegations of corruption within the enforcement system. If a 
worker has a problem in the workplace and has trouble getting relief 
directly from an employer, the worker or union can file a claim with 
the regional labor court, although in practice this is frequently a 
cumbersome, protracted process.
    The law requires employers to establish internal committees for 
accident prevention in workplaces. It also protects employee members of 
these committees from being fired for their committee activities. 
However, such firings do occur, and legal recourse usually requires 
years for resolution. While an individual worker does not have the 
legal right to depart a workplace when faced with hazardous conditions, 
workers may express such concerns to the internal committee, which 
would conduct an immediate investigation.
    f. Trafficking in Persons.--The law prohibits the transport of 
persons for illicit reason within and outside the country; however, 
trafficking in persons, including women and children, in, to, and from 
the country is a problem.
    The Federal Police arrested several suspects in the capital of 
Brasilia, and in the states of Goias, Rio de Janeiro, and Ceara, 
involved in recruiting women to work as prostitutes in Barcelona and 
other parts of Spain. The police also reported that women have been 
trafficked to Japan to work as prostitutes. Women sent to Europe and 
Israel by trafficking rings reportedly often are denied their liberty 
and forced to work under inhumane conditions. Police officials stated 
that in most cases women who are recruited by trafficking organizations 
understand that they are to work as prostitutes, but that they are lied 
to about working conditions and their prospective earnings. In other 
cases women were told that they would work as nannies or as household 
servants. Women's rights activists in the states of Para and Maranhao 
reported that women from these states were recruited actively to work 
as prostitutes in The Netherlands or Germany, usually for limited 
periods while remaining legally in those countries with tourist visas. 
During the first 6 months of the year, police in Spain apprehended 2 
Brazilian traffickers and 103 Brazilian victims of trafficking in raids 
across that country.
    Sexual exploitation of children and child prostitution remained a 
significant problem throughout the country. The CECRIA report released 
in March indicated that patterns of sexual exploitation of children 
correspond to the distinct economic and social profile of the country's 
region. In the northern Amazonian region, sexual exploitation of 
children centers around brothels that cater to mining settlements. In 
the large urban centers, children, principally girls, who leave home 
because of abuse or sexual exploitation often prostitute themselves on 
the streets in order to survive. In the cities along the northeast 
coast, sexual tourism exploiting children is prevalent, and involves 
networks of travel agents, hotel workers, taxi drivers, and others who 
actively recruit children and even traffic them outside the country. 
Child prostitution also is developed in the areas served by the 
country's navigable rivers, particularly in ports and at international 
borders. In port cities, crews from cargo vessels are a primary 
clientele. The report notes that although trafficking develops in part 
to meet the demands of foreigners, the local population sustains it.
    In October police in Campo Grande, Mato Grosso do Sul state, 
arrested three persons accused of running a brothel using girls between 
the ages of 13 and 16. Four of the girls were Paraguayan. The owners of 
the brothel allegedly seized the girls' documents to impede their 
return home and forged new documents to prove that the girls were over 
age 18. One of the Paraguayan girls told the police that she was to be 
auctioned at the brothel the following weekend.
                                 ______
                                 

                                 CANADA

    Canada is a constitutional monarchy with a federal parliamentary 
form of government. Citizens periodically choose their representatives 
in free and fair multiparty elections. The judiciary is independent.
    Elected civilian officials control the federal, provincial, and 
municipal police forces. The armed forces have no role in domestic law 
enforcement except in national emergencies. Laws requiring the security 
forces to respect human rights are observed strictly, and the courts 
punish violators.
    Canada has a highly developed, market-based economy. Laws 
extensively protect the well-being of workers and provide for workers' 
freedom of association.
    The Government generally respected the human rights of its 
citizens; however, there were problems in some areas. The Constitution 
and laws provide effective avenues for legal redress of complaints. 
Problems include discrimination against aboriginals, the disabled, and 
women. There was an increase in anti-Semitic harassment. The Government 
continues to take serious steps to address private acts of violence 
against women.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    The controversy over the 1995 shooting death of an aboriginal 
activist at Ipperwash, Ontario continued. In April a police officer was 
found guilty of criminal negligence causing death in the shooting and 
was sentenced to 2 years' community service under the supervision of a 
parole officer (see Section 5). The officer is appealing that 
conviction, while the victim's family is pursuing claims for damages in 
the civil courts. Because of the ongoing civil and criminal processes 
surrounding the incident, the provincial government has rejected calls 
for an inquiry into the shooting. The Federal Government also has 
rejected requests for an inquiry. Meanwhile, the Federal Government is 
continuing the process of ceding the neighboring military base to 
tribal control. As part of the agreement, the Federal Government is to 
return lands appropriated in 1942 under the War Measures Act and 
provide funds for community development and environmental cleanup.
    A controversy arose in March 1998 after a Royal Canadian Mounted 
Police (RCMP) officer shot and killed a woman and her child on the Tsuu 
T'ina reservation. The officer was called to assist a tribal police 
officer and a social worker, who had responded to a domestic dispute, 
and fired in response to high-powered rifle fire from the woman. The 
province of Alberta, where the incident took place, commissioned an 
independent investigation by the British Columbia attorney general's 
office that was reviewed further by a respected former Alberta judge. 
The reviews determined that criminal charges against the officer were 
not warranted. A separate judicial inquiry begun in 1998 continued with 
the participation of reservation representatives to determine the 
causes of the incident and how future incidents could be prevented.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and the Government 
observes these prohibitions in practice.
    In May 1998, the chief of the armed forces announced an 
investigation into credible allegations made by a number of women 
serving in the armed forces that, in previous years, they had been 
subjected to rape, sexual harassment, and sexual abuse by their 
military colleagues. In addition to a special hot line established in 
1998, the Minister of Defense in June 1998 established an Ombudsman to 
provide a means for conflict resolution for military members and 
civilian employees who believe that they have been treated unfairly. 
The Advisory Board on Canadian Forces Gender Integration and Employment 
Equity was established in November 1998. The Ministry also created a 
new military police complaints commission, which came into force on 
December 1 and a new armed forces grievance board that is scheduled to 
come into effect on March 1, 2000. The office of the Ombudsman reported 
in September that one-half of the 604 cases before it had been 
resolved.
    Toronto police continued a review of procedures following public 
complaints about the use of strip searches and body cavity searches in 
several routine arrests. The review determined that there were isolated 
incidents of unnecessary searches. Toronto police authorities 
determined that the policy was still appropriate, but that officers 
required additional training in determining when such searches are 
appropriate.
    An official investigation continued concerning the use by police of 
pepper spray to break up demonstrations that blocked the access road to 
the November 1997 Asia Pacific Economic Cooperation (APEC) conference 
in Vancouver, (see Section 2.a.). At year's end, a Public Complaints 
Commission inquiry continued to explore potential responsibility for 
the police action, including the role of senior government officials.
    Prison conditions meet minimum international standards, and the 
Government permits visits by human rights monitors. During the year, 
Ontario made changes to the facilities of the Don jail and improved 
inmate services, including its units for religious foods, special 
needs, health care, and psychological problems. Inquiries from the 
Ontario human rights ombudsman about jail conditions declined from 
1998.
    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest, detention, or exile, and the Government observes 
these prohibitions.
    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government respects this provision in 
practice. The judiciary provides citizens with a fair and efficient 
judicial process and vigorously enforces the right to a fair trial.
    The court system is divided into federal and provincial courts, 
which handle both civil and criminal matters. The highest federal court 
is the Supreme Court, which exercises general appellate jurisdiction 
and advises on constitutional matters.
    The judicial system is based on English common law at the federal 
level as well as in most provinces; in the province of Quebec, it is 
derived from the Napoleonic Code. Throughout the country, judges are 
appointed. In criminal trials, the law provides for a presumption of 
innocence and the right to a public trial, to counsel (free for 
indigents), and to appeal. The prosecution also can appeal in certain 
limited circumstances.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law generally prohibits such practices, government 
authorities scrupulously respect these prohibitions, and violations are 
subject to effective legal sanction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government respects these rights in 
practice. However, the Supreme Court has ruled that the Government may 
limit free speech in the name of goals such as ending discrimination, 
ensuring social harmony, or promoting gender equality. The court ruled 
that the benefits of limiting hate speech and promoting equality are 
sufficient to outweigh the freedom of speech clause in the Charter of 
Rights and Freedoms.
    Journalists occasionally are banned from reporting some specific 
details of court cases until a trial is concluded, and these 
restrictions, adopted to ensure the defendant's right to a fair trial, 
enjoy wide popular support. Some restrictions on the media are imposed 
by provincial-level film censorship, broadcasters' voluntary codes 
curbing graphic violence, and laws against hate literature and 
pornography. The Charter of Rights and Freedoms provides for free 
speech and free press, but both the Criminal Code and human rights 
legislation have established limits. Inciting hatred (in certain cases) 
or genocide is a criminal offense. The Supreme Court has set a high 
threshold for such cases by specifying that these acts must be proven 
willful and public. The Broadcasting Act, which prohibits programming 
containing any abusive comment that would expose individuals or groups 
to hatred or contempt, has not yet been challenged in the courts. The 
Human Rights Act also prohibits repeated communications by telephone 
that expose a person or group to hatred or contempt. Human rights 
groups are exploring the possibility of extending this prohibition to 
the Internet, arguing that the Internet should be considered 
``telephonic communications'' and therefore covered under the Human 
Rights Act. At year's end, the Human Rights Tribunal was examining 
whether a specific web site exposed Jews to hatred or contempt on the 
basis of their race, religion, or ethnic origin.
    In February 1998, the RCMP Complaints Commission announced its 
decision to hold a public interest hearing on police behavior while 
providing security to the APEC leaders meeting in Vancouver in November 
1997. The hearing began in September 1998. RCMP officers used pepper 
spray to break up small crowds of protesters who had blocked the only 
access road to a meeting site and had torn down a security barricade. 
The protesters allege that their right to free speech was infringed by 
the RCMP's actions. The protesters also allege that the arrest of one 
of their leaders prior to the meeting on charges (which subsequently 
were dropped) of temporarily deafening an RCMP officer with a 
loudspeaker were a further violation of the arrested individual's 
rights under the Charter of Rights and Freedoms. The investigation 
resumed in January after a suspension in November 1998 due to 
allegations that the process had become tainted by political 
interference from the Solicitor General. At year's end, a specially 
appointed commission continues to investigate various aspects of the 
incident. These points include whether actions taken by police were 
justified by the security risk and whether political considerations 
such as direct influence from senior political leaders may have played 
a role in determining the level of RCMP response to protestors' 
actions. No interim conclusions have been announced by the commission 
(see Section 1.c.).
    Academic freedom is respected.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for these rights, and the Government respects them in 
practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    In July a one-person Board of Inquiry ruled that it was 
discriminatory to require recitation of the Lord's Prayer in Saskatoon 
public schools. Saskatchewan joined Canada under the terms of the 
Saskatchewan Act, which forms part of the provincial constitution, 
permitting prayer and Bible readings. As a result of the ruling, the 
Lord's Prayer is not recited in Saskatoon public schools. The Saskatoon 
School Board began public hearings on the issue in the fall, but the 
Saskatoon Education Department has not filed a legal appeal.
    In March the government-mandated Proulx task force submitted a 
report on religion in schools to the Quebec National Assembly. Its 14 
recommendations include abolishing Catholic and Protestant status for 
public schools and creating secular public schools instead with 
religion studied from a cultural perspective. Publicly funded support 
services would be provided for students of all faiths. School boards 
are scheduled to respond to the Quebec government by July 1, 2001.
    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for these rights, and 
the Government respects them in practice. The law provides for the 
grant of asylum and refugee status in accordance with the standards of 
the 1951 U.N. Convention Relating to the Status of Refugees and its 
1967 Protocol.
    The Government cooperates with the U.N. High Commissioner for 
Refugees and other humanitarian organizations in assisting refugees and 
extends first asylum. There were no reports of the forced expulsion of 
persons with a valid claim to refugee status. Canada is a resettlement 
country, and as of September the Government projected granting 40,600 
to 41,800 claims for refugee status during the year.
    In 1997 almost 1,000 Czech Roma claimed refugee status. The 
Government continued to process these claims for refugee status and has 
not forcibly deported any of the asylum claimants. During the year, 737 
Czech Roma were granted asylum, while 78 were denied it.
    During the summer, approximately 600 Chinese arrived illegally by 
boat off the coast of British Columbia and sought refugee status. While 
most of the persons from the first such boat were released pending 
their refugee hearings, only a few of those released appeared for their 
hearings. Because the majority of the early refugee claimants who were 
released failed to appear for their hearings, a much larger percentage 
of refugee claimants from subsequent boats were regarded as risks for 
flight and remanded into custody pending their refugee claim hearings. 
Many of those in custody have protested their detention, and legal 
groups are attempting to force the Government to release all refugee 
claimants pending their hearings. Detained refugee claimants have 
pressed their demands through civil disobedience and hunger strikes. 
During one such event in December, a refugee claimant refused to move 
when directed to do so, and eventually guards forcibly removed him. Law 
enforcement authorities state that he suffered minor bruises during the 
incident; the refugee claimant stated that prison officials beat him 
for no reason, and he has initiated a lawsuit. At year's end, the 
matter was subject to a formal inquiry.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    A significant body of opinion in the Province of Quebec, 
represented by the party that governed the province throughout the 
year, continues to maintain that Quebec has the right to withdraw from 
the confederation if that decision proves to be the democratically 
expressed will of the people of Quebec, and that it is only Quebeckers 
who have the right to make this decision. In response to a reference on 
the question from the Federal Government, the Supreme Court ruled in 
August 1998 that a unilateral declaration of independence by Quebec 
would be illegal under Canadian and international law. However, the 
Court added that the Federal Government and other provinces would be 
obliged to negotiate Quebec's separation in good faith if a clear 
majority of Quebeckers voted to separate on the basis of a clearly 
phrased question. In December the Government tabled legislation in 
Parliament specifying that the Parliament has the right to review any 
question posed in a provincial referendum to determine whether the 
question is clear and any subsequent majority vote large enough to 
obligate the Government to negotiate the terms of succession. The draft 
legislation also contains a list of issues that must be negotiated 
including debt, assets, liabilities, minority rights, aboriginal 
rights, and borders.
    Women play a significant role in government and politics, although 
they are underrepresented in proportion to their percentage of the 
population. In the Parliament, 59 of 301 members in the House of 
Commons are women, and 32 of 104 senators are women. Women hold 7 seats 
in the 28-person Cabinet. In November a woman was appointed for the 
first time as Chief Justice of the Supreme Court.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of human rights groups operate without government 
restriction, investigating and publishing their findings on human 
rights cases. Government officials are very cooperative and responsive 
to their views.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Charter of Rights and Freedoms provides for equal benefits and 
protection of the law regardless of race, national or ethnic origin, 
color, religion, sex, age, or mental or physical disability. These 
rights generally are respected in practice; however, there are some 
charges of discrimination in this multicultural society.
    Women.--The law prohibits violence against women, including spousal 
abuse, but it remains a problem. According to Statistics Canada, 3 in 
10 women currently or previously married or living in a common-law 
relationship have experienced at least 1 incident of physical or sexual 
violence. The health and economic costs of violence against women have 
been estimated to be $2.7 billion (Can $4.2 billion) annually.
    The Criminal Code prohibits criminal harassment (stalking) and 
makes it punishable by imprisonment for up to 5 years. The law 
prohibits sexual harassment, and the Government enforces this 
provision.
    Women are well represented in the labor force, including business 
and the professions. Employment equity laws and regulations cover 
federal employees in all but the security and defense services. In June 
1998, the Human Rights Tribunal ruled that the Federal Government must 
pay back wages to workers in underpaid positions (predominantly female) 
under the concept of equal pay for work of equal value. The Government 
appealed, based on the methodology used to calculate wages owed, but 
lost and agreed to the settlement in October.
    Women have marriage and property rights equal to those of men. 
Women head over 85 percent of single parent households. Child support 
reforms in 1996 and 1997 include: Amendments to the income tax act to 
eliminate child support from the custodial parent's taxable income and 
the tax deduction available to payers of child support; amendments to 
the divorce act to establish fairer and more consistent child support 
payments; measures to strengthen enforcement; and an enhanced income 
supplement for lower-income families.
    Children.--The Government demonstrates its strong commitment to 
children's rights and welfare through its well-funded systems of public 
education and medical care. Federal and provincial regulations protect 
children from abuse, overwork, and discrimination and penalize 
perpetrators of such offenses.
    There is no societal pattern of abuse of children. Changes to the 
law in 1997 strengthened tools to combat child prostitution and 
prohibited female genital mutilation, which is widely condemned by 
international health experts as damaging to both physical and 
psychological health.
    In the 1930's, 1940's, and 1950's, when Maurice Duplessis was 
premier of Quebec, approximately 5,000 to 6,000 children were placed in 
orphanages and psychiatric institutions. Many of the 3,000 still alive 
claim that they were victims of beatings, electric shock treatment, and 
sexual abuse; some were labeled as mentally deficient. In the fall, the 
orphans formed a Committee of Sympathizers to seek restitution for the 
abuse suffered. On September 15, the head of the Roman Catholic Church 
in Quebec denied that any abuse had occurred, but Premier Lucien 
Bouchard apologized to the survivors and offered them approximately 
$2.25 million (Can $3.3 million) or approximately $683 (Can $1,000) 
each. They did not accept. A 1997 Quebec report suggested approximately 
$41 to $54.7 million (Can $60 to 80 million) as appropriate 
compensation from the Government, the Church, and the medical 
establishment.
    People with Disabilities.--There is no legal discrimination against 
disabled persons in employment, education, or in the provision of other 
state services. Nevertheless, the Government continues to receive 
numerous complaints regarding societal discrimination against disabled 
persons and has instituted programs to discourage such discrimination. 
Disabled persons are underrepresented in the work force; they make up 
2.7 percent of the federally regulated private sector work force, but 
those capable of working total 6.5 percent of the population. The law 
mandates access to buildings for persons with disabilities, and for the 
most part the Government enforces these provisions.
    Changes to the Human Rights Act and Criminal Code that came into 
force in 1998 require employers and service providers to accommodate 
special needs of people with disabilities, provided that it does not 
constitute an undue hardship. The Criminal Code now makes the sexual 
exploitation of persons with disabilities in situations of dependency a 
criminal offense.
    In June the province of Alberta announced that it would compensate 
the nearly 500 surviving persons who were sterilized without their 
consent under a policy aimed at residents of mental institutions. More 
than 2,000 Albertans were sterilized between 1928 and 1972 under the 
Alberta Sterilization Act, which was repealed in June 1972. By December 
21, the Alberta Government had fewer than 20 sterilization claims 
outstanding; officials expect all claims to be settled by early 2000.
    Indigenous People.--The treatment of aboriginal people continued to 
be one of the most important human rights problems facing the country. 
Disputes over land claims, self-government, treaty rights, taxation, 
duty-free imports, fishing and hunting rights, and alleged harassment 
by police continued to be sources of tension on reserves. Aboriginal 
people remain underrepresented in the work force, overrepresented on 
welfare rolls and in prison populations, and more susceptible to 
suicide and poverty than other population groups.
    In January 1998, the Federal Government issued its response to the 
1996 report of the Royal Commission on Aboriginal Peoples intended to 
restore aboriginal communities and restructure their relationship with 
the Federal Government. The Minister of Indian Affairs read an official 
``Statement of Reconciliation'' that apologized for past wrongs 
committed by the Federal Government. The Aboriginal Action Plan also 
includes a commitment of approximately $400 million (Can $600 million) 
for aboriginal programs. The program was developed in consultation with 
aboriginal political leadership but was criticized by some groups for 
not going far enough to ameliorate past rights violations.
    Treaty rights for aboriginals are recognized in the Constitution, 
and the Government is currently engaged in discussions with aboriginal 
groups on various treaty issues. A number of Supreme Court cases, 
including cases regarding treaty rights in fishing and residential 
school survivors, have bolstered the rights of indigenous people and 
made the Federal Government responsible for settling a wide variety of 
claims. The Government continued to work at resolving these issues.
    The Federal Government is involved in self-government negotiations 
with over 350 First Nations. Aboriginal rights in British Columbia 
(B.C.) are poorly defined. Until its 1998 agreement with the Nisga'a, 
B.C. had not concluded treaties with any of the aboriginal groups that 
occupied the area prior to the arrival of settlers, since becoming a 
province of Canada in 1871. Many of the province's more than 100 
aboriginal groups have outstanding claims for land, self-government, 
and other rights. In 1997 the Supreme Court strengthened the legal 
position of aboriginal groups in B.C. In what is known as the 
Delgamuukw decision, the Court found that the provincial and federal 
governments must consult with aboriginal groups on all land use and 
resource decisions affecting areas claimed as tribal homelands. This 
ruling gave aboriginal groups a significant say in the use of vast 
tracts of the province although title to the land never has been 
established formally in treaties.
    In August 1998, the Federal and British Columbia Governments 
concluded a treaty with the Nisga'a people who live in northwestern 
B.C. Although the treaty is not considered to be a precedent for the 
more than 50 other sets of negotiations underway in B.C., the treaty is 
a significant development. The treaty will result in the Nisga'a 
receiving control over 765 square miles of tribal lands, a cash 
settlement, fishing and timber-cutting rights, and certain rights to 
limited self-government. At the same time, the treaty eventually would 
end a range of special tax breaks and other benefits available under 
the status quo. The treaty was ratified by the Nisga'a people in 
November 1998 and by the provincial legislature in the spring. It was 
debated and passed by Parliament in December. Debate within the 
Parliament was heated on a number of topics, including whether the 
Nisga'a should be given rights on the basis of race and the rights of 
nonaboriginal people residing on tribal lands. Although the B.C. 
legislature ratified the treaty, two groups expressed their intention 
to challenge the treaty in court. These legal challenges include one 
from a political party that contends that the treaty should have been 
submitted to a referendum and one from the Gitanyow, an aboriginal band 
located near the Nisga'a, who contend that the treaty awarded more than 
85 percent of their traditional tribal lands to the Nisga'a. At year's 
end, neither case had made legal progress.
    The Stoney reserve west of Calgary gave up control of its finances 
to federal Indian Affairs officials in 1997, following widespread 
allegations of political corruption, financial mismanagement, sexual 
assaults, and abuses connected with social service agencies. At year's 
end, control of Stoney reserve finances remains under government 
management--in this case by third party managers. Meetings between the 
Government and the Stoney nation continue, and another meeting was 
scheduled for January 2000. The Stoney reserve is 1 of 12 aboriginal 
reserves where federal officials have assumed control as interim 
managers.
    Quebec's Indian peoples remain overwhelmingly opposed to separation 
from Canada and deeply distrust the separatist government of the 
province. Despite the Quebec Prime Minister's recent overtures to the 
leaders of the Cree and Inuit nations, surveys indicate that most of 
Quebec's 60,000 Indians would favor partition of the province in the 
event of Quebec's separation from Canada. Indian leaders maintain that 
a sovereign Quebec would treat Indians as another ethnic minority 
instead of as sovereign nations within the territory of the province. 
To address these sentiments and respond to a pending lawsuit, the 
Quebec government agreed with the Cree and Mohawk tribes in 1998 to 
initiate negotiations regarding longstanding grievances over timber 
resources, public rights of way on tribal lands, and management of 
development in the James Bay region. In March Quebec gave the Mohawks 
increased fiscal rights and powers. The first summit between Quebec's 
First Nations and the provincial government in 11 years was held in 
June to establish a permanent policy forum to resolve ongoing issues. 
During the year, the Government focused on negotiations over a 
commission to set up a political entity (Nunavik) for Quebec's Inuit. 
The commission, based on an agreement signed November 5, has Inuit, 
Quebec, and federal representatives.
    In May representatives of the Government of Newfoundland and 
Labrador, the Federal Government, and the Labrador Inuit Association 
initialed a land claims agreement for the Inuit. The plan provides for 
land, water rights, self-government, and an economic development plan 
that includes sharing revenues from subsurface developments.
    In September the Supreme Court overturned Nova Scotia aboriginal 
Donald Marshall's conviction for catching and selling fish eels out of 
season and without a license. In doing so, the court ruled that the 
18th century treaties between the aboriginals and the British Crown 
gave the First Nations rights currently not accommodated by fishery 
regulations. The Court ruled that the Federal Government must give 
treaty beneficiaries access to the fisheries sufficient to enable them 
to earn a moderate livelihood. The Court also found that this right is 
subject to regulation and subsequently reemphasized this point in a 
separate explanation of its decision. There was some violence against 
aboriginals by nonaboriginals, following aboriginal efforts to exercise 
their new rights by trapping lobsters in October prior to the normal 
season. The Supreme Court's decision to interpret the 18th century 
treaties liberally has encouraged aboriginals involved in a number of 
court cases seeking access to economic benefits from natural resources 
such as logging, mining, and energy.
    The Supreme Court's clarification of the Marshall case ruled out 
the possibility of aboriginals using the case to gain commercial rights 
in the forestry sector. However, test cases now are progressing through 
the court systems in New Brunswick and Nova Scotia that involve 
aboriginals being tried on charges of illegally harvesting timber on 
crown land.
    Religious Minorities.--The League for Human Rights of B'nai Brith 
in Canada (headquartered in Toronto) reported that there were 240 
incidents of anti-Semitic harassment in 1998--a 14 percent increase 
from 1997. The League attributed the increase to the movement of hate 
groups from big cities to smaller towns for recruiting efforts and 
other activities, as police hate crime units crack down in urban areas. 
The League continues to express concern over the growth of anti-Semitic 
activity on the Internet.
    National/Racial/Ethnic Minorities.--The narrow defeat of the 1995 
Quebec sovereignty referendum left unresolved the concerns of French-
speaking Quebeckers about their minority status in Canada, while 
sharpening the concerns of English-speaking Quebeckers about their 
minority status. The separatist Parti Quebecois provincial government 
of Quebec stated that it would hold another sovereignty referendum 
onlyunder ``winning conditions.'' The Supreme Court ruled in August 
1998 that a unilateral declaration of independence would be illegal, 
but that the Federal Government and other provinces would be obligated 
to negotiate Quebec's separation if a clear majority of Quebeckers 
voted to change their relationship with Canada on the basis of a 
clearly phrased referendum question (see Section 3).
    Some English-speaking and native groups in Quebec assert the right 
to keep parts of Quebec in Canada in the event that Quebec declares 
independence. Despite personal meetings and other overtures by Quebec's 
Prime Minister to aboriginals and the English-speaking community, both 
groups remain distrustful of the separatist government of Quebec. Many 
members of these communities fear that their rights would be infringed 
by a sovereign Quebec.
    The Constitution protects the linguistic and cultural rights of 
minorities. Despite Canada's federal policy of bilingualism, English 
speakers in Quebec and French speakers in other parts of Canada 
generally must live and work in the language of the majority.
    A case currently before the Supreme Court is expected to clarify 
the number of students required to establish minority-language 
education. A finding in favor of the minority-language claimants could 
lead to demands for minority-language schools in various parts of the 
country.
    In Quebec language laws restrict access to English-language, 
publicly funded schools through grade 11 to children whose parents were 
educated in English in Canada and to short-term residents. Local law 
stipulates that French is the working language of most businesses and 
must be predominant in bilingual commercial signage.
    The English-speaking minority of Quebec, representing 9 percent of 
the population of the province and 16 percent of the population of the 
city of Montreal, continues to protest restrictions placed on English-
language use. In 1997 the Quebec provincial government reestablished a 
French language inspection office that had been abolished in 1993. 
However, in October a Quebec court judge struck down a key section of 
the province's language law that requires French lettering to be twice 
as large as English lettering on commercial signs, stating that French 
is no longer in jeopardy in Quebec. The Quebec provincial government is 
appealing the decision, and the law remains in force until the courts 
issue a final ruling. English speakers also expressed concerns over the 
increasing scarceness of health services and public schooling in their 
language.
    Provinces other than Quebec often lack adequate French-language 
schooling, which is of concern to local Francophones, although French-
language schools and French immersion programs are reported to be 
thriving in all three prairie provinces.
Section 6. Worker Rights
    a. The Right of Association.--Except for members of the armed 
forces, workers in both the public and private sectors have the right 
to associate freely. The Labor Code protects these rights for all 
employees under federal jurisdiction, while provincial legislation 
protects all other organized workers.
    Trade unions are independent of the Government. Of the civilian 
labor force, 29.5 percent is unionized.
    All workers have the right to strike, except for those in the 
public sector who provide essential services. The law prohibits 
employer retribution against strikers and union leaders, and the 
Government enforces this provision.
    Numerous strikes occurred across the country during the year. 
Notable strikes included: Calgary Herald employees in Alberta; grain 
handlers in Alberta and Manitoba; Cape Breton municipal employees in 
Nova Scotia; rotating strikes by doctors in British Columbia; strikes 
at nearly all B.C. ports that effectively closed seaports for 10 days; 
nurses in Quebec in July; and subway and bus workers in Toronto, 
Ontario in April.
    Unions are free to affiliate with international organizations.
    b. The Right to Organize and Bargain Collectively.--Workers in both 
the public (except for some police) and the private sectors have the 
right to organize and bargaincollectively. While the law protects 
collective bargaining, there are limitations, which vary from province 
to province, for some public sector workers providing essential 
services.
    The law prohibits antiunion discrimination and requires employers 
to reinstate workers fired for union activities. There are effective 
mechanisms for resolving complaints and obtaining redress.
    All labor unions have full access to mediation, arbitration, and 
the judicial system.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--Forced labor, 
including that performed by children, is illegal, and there were no 
known violations.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Child labor legislation varies from province to province. 
The Federal Government does not employ youths under 17 years of age 
while school is in session. Most provinces prohibit children under age 
15 or 16 from working without parental consent, at night, or in any 
hazardous employment. These prohibitions are enforced effectively 
through inspections conducted by the federal and provincial labor 
ministries. Education is compulsory through age 15 nationwide.
    The Government prohibits forced and bonded child labor and enforces 
this prohibition effectively (see Section 6.c.).
    e. Acceptable Conditions of Work.--Standard work hours vary from 
province to province, but in all the limit is 40 or 48 a week, with at 
least 24 hours of rest.
    Minimum wage rates are set in each province and territory, and 
range from $3.59 to $4.93 (Can $5.25 to Can $7.20) per hour. Ontario 
and Alberta have a minimum wage rate for youths lower than their 
respective minimums for adult workers. A family whose only employed 
member earns the minimum wage would be considered below the poverty 
line.
    Federal law provides safety and health standards for employees 
under federal jurisdiction, while provincial and territorial 
legislation provides for all other employees. Federal and provincial 
labor departments monitor and enforce these standards. Federal, 
provincial, and territorial laws protect the right of workers with 
``reasonable cause'' to refuse dangerous work.
    e. Trafficking in Persons.--The law does not prohibit trafficking 
in persons; however, the Government prosecutes such offenses as 
violations of immigration policies. The Government is conducting a 
legislative review of the Immigration Act. There have been several 
widely reported cases of smuggling and trafficking, including hundreds 
of Chinese who arrived illegally by ship in British Columbia during the 
summer (see Section 2.d.).
                                   ____
                                 

                                 CHILE

    Chile is a multiparty democracy with a constitution that provides 
for a strong executive and a bicameral legislature. Approved by 
referendum in 1980 and amended in 1989, the Constitution was written 
under the former military government and establishes institutional 
limits on popular rule. President Eduardo Frei, a Christian Democrat, 
began his 6-year term in 1994, which expires in March 2000. At that 
time, Ricardo Lagos, winner of the January 16, 2000, presidential 
runoff election, is to take office. International and domestic 
observers found both the December 12 presidential elections and the 
subsequent runoff election to be free and fair. The National Congress 
consists of 120 deputies and 48 senators. The government coalition of 
four major parties controlled the lower house. An opposition coalition, 
including several independents and many of the 10 nonelected Senators, 
shared control in the upper chamber, although the Senate president was 
from the ruling coalition. Former President General Augusto Pinochet 
assumed a lifetime Senate seat in March 1998. Turnover in the courts 
continued to diminish strongly the influence of military-era appointees 
over the constitutionally independent judicial branch.
    The armed forces are constitutionally subordinate to the President 
through an appointed Minister of Defense but enjoy a large degree of 
legal autonomy. Most notably, the President must have the concurrence 
of the National Security Council, which consists of military and 
civilian officials, to remove service chiefs. The Carabineros (the 
uniformed national police) have primary responsibility for public 
order, safety, and border security. The civilian Investigations Police 
are responsible for criminal investigations and immigration control. 
Both organizations--although formally under the jurisdiction of the 
Ministry of Defense, which prepares their budgets--are under 
operational control of the Ministry of Interior. The security forces, 
mainly the police, committed a number of human rights abuses.
    The export-led free-market economy experienced its first setback 
after years of expansion. Growth moderated and final figures were 
expected to show a contraction of 1.1 percent for the year, with 
inflation at 2.3 percent. The most important export remained copper; 
salmon, forestry products, fresh fruit, fish meal, and manufactured 
goods also were significant sources of foreign exchange. Unemployment 
averaged 10.8 percent for the year. From 1987 to 1998, the percentage 
of the population living below the poverty line decreased from 45 to 22 
percent. Annual per capita gross domestic product was approximately 
$4,500.
    The Government generally respected its citizens' human rights; 
however, problems remained in some areas. The most serious cases 
involved killings, torture, brutality, police use of excessive force, 
and physical abuse in jails and prisons. The due process rights of 
detainees were not always respected. Violence and discrimination 
against women and violence against children are problems. 
Discrimination against the disabled and minorities persists. Indigenous 
people remain marginalized. Child labor is a problem.
    Almost all other human rights concerns are related to abuses 
committed during the former military government. The bulk of these 
abuses occurred between 1973 and 1978, although a number took place 
after this period. A July Supreme Court decision expanded the 
possibilities for clarifying cases involving persons who disappeared. 
The court ruled that lacking legal proof of death, disappearances that 
occurred in the 1973-78 period (covered by the Amnesty Law) must be 
considered as continuing kidnapings, thus potentially falling outside 
the amnesty period. The court's ruling stated that only after the 
circumstances surrounding a disappearance are clarified, and the legal 
death of the person who disappeared is proven to have fallen within the 
1973-78 timeframe, can application of the Amnesty Law be considered. 
Nonetheless, military authorities continued to resist a full accounting 
of the fate of those who were killed and who disappeared, and some 
cases continued to be stifled by the judiciary. There were several 
important legal decisions made in regard to high profile investigations 
of such past human rights abuses, including the Caravan of Death and 
Operation Albania cases.
    In October 1998, the United Kingdom detained retired General 
Pinochet pending resolution of a Spanish extradition request on charges 
of torture, kidnaping, genocide, and murder. A series of court rulings 
by the Law Lords denied Pinochet's effort to avoid an extradition 
hearing, but limited the charges against him to abuses occurring after 
December 8, 1988. Pinochet's extradition hearing began on September 27. 
On October 8, a British magistrate determined that Pinochet could be 
extradited,but Pinochet appealed this decision. At year's end, legal 
maneuvering continued, and Pinochet remained under house arrest in the 
United Kingdom.
    Nearly 60 human rights cases have been filed in Chile against 
Pinochet and are under active investigation. However, some in the human 
rights community are skeptical about the possibility of bringing 
Pinochet to trial and convicting him of a crime if he were to return. 
General Pinochet's continuing detention, along with advances in a 
number of human rights cases and the July Supreme Court ruling, 
contributed to the continuing societal reexamination and the 
intensified public and private discussion of what, if anything, could 
and should be done to deal with the sometimes conflicting demands for 
truth, for justice, and for national reconciliation. There were renewed 
efforts to reach a human rights understanding during the year, 
including at a ``dialog table'' organized by Defense Minister Edmundo 
Perez Yoma that brought together military officers and human rights 
attorneys for the first time since the return to democracy. At year's 
end, such discussions continued, and the judicial system continued to 
investigate and either prosecute or close pending human rights cases.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings; however, the police killed two persons 
during the year.
    A police officer allegedly shot and killed University of Tarapaca 
student Daniel Menco Prieto in Arica during a May 19 student 
demonstration called to protest the size of the government budget 
devoted to higher education. The authorities brought charges against 
the police officer for the shooting; at year's end, the matter remained 
in the legal system.
    On September 1, the authorities arrested two San Antonio 
Carabineros for their alleged responsibility in the death of Jonathan 
Moya Jara. On August 8, Moya's partially clothed and lifeless body had 
been found with its head buried in sand. The two Carabineros allegedly 
detained Moya illegally, citing a repealed law that allowed the police 
to stop, question, and detain persons based upon ``suspicion'' (see 
Section 1.d.). At year's end, the case remained in the courts.
    The courts sentenced four police officers in February to 10 years 
and 1 day in prison for the death of taxi driver Raul Palma Salgado, 
who died on January 12, 1998, while in police custody, due to torture. 
The four officers are appealing the decision, and the case remained in 
the courts at year's end. Palma's family has filed a $1.2 million (600 
million pesos) compensation claim against the State. The Committee for 
the Defense of People's Rights (CODEPU) identified Palma's death as the 
third instance of suspects dying while in police custody due to torture 
or excessive force since 1990.
    The case of 25-year-old Claudia Alejandra Lopez, a University of 
Christian Humanism Academy student shot under unclear circumstances 
during 1998 demonstrations in Santiago on the anniversary of the 
September 11, 1973 coup, also remained under investigation.
    In December 1996, Pedro Soto Tapia, a 19-year-old military 
conscript, disappeared from his regiment at San Felipe after having 
written letters to his family describing mistreatment at the hands of 
superior officers. In March 1997, his remains were found in a cave in 
San Felipe, accompanied by what was purportedly a suicide note. On May 
26, 1998, the judge handling the case closed the investigation for the 
second time, ruling that he had been unable to determine the 
circumstances of Soto's death. However, the case was reopened in July 
when a witness appeared who claimed to have seen six persons beat Soto 
Tapia on his military base on the evening of December 15. Fifteen 
former recruits interviewed following the witness's claim were unable 
to corroborate it. On November 9, the investigating judge again closed 
the case. At year's end, Soto Tapia's family was considering its legal 
options (see Section 1.c.).
    After having been closed temporarily since 1996, an appeals court 
reopened on November 30 the investigation into the September 1989 
murder of Movement of the Revolutionary Left (MIR) leader Jecar Nehgme.
    Important advances were made in clarifying events surrounding 
Operation Albania, the June 1987 killings of 12 Manuel Rodriguez 
Patriotic Front (FPMR) members. Judge Hugo Dolmestch reconfirmed in 
January charges of use of unnecessary violence against those implicated 
in the case, denying a motion to increase the charges to aggravated 
homicide. Due to a normal judicial rotation, another jurist, Milton 
Juica, replaced Dolmestch in March. On October 29, the authorities 
charged retired generals Hugo Salas Wenzel and Humberto Leiva with this 
crime. They accused Wenzel, Director of the National Intelligence 
Center (CNI) in 1986-88, of being an author of the crime, and Leiva, 
CNI Subdirector in 1987, of covering up the incident. At the same time, 
the authorities detained six other former CNI agents; one of whom, 
Major Emilio Neira, was still on active duty. Judge Juica also 
increased the charges against the 10 persons detained earlier from 
unnecessary violence leading to death to kidnaping and homicide. On 
November 15, the authorities also detained retired Captain Nernan 
Miquell for his role in the case. In September the press reported that 
unknown persons allegedly linked to the former security services 
threatened Rafael Castillo, a prominent investigator for the 
Investigations Police. He reportedly also received threats in August 
1998 when former CNI agents were charged in the Operation Albania case 
(see Section 4).
    In November eight former CNI agents, including Alvaro Corbalan, 
were charged with the September 1986 murder of journalist Jose 
Carrasco. Five of the eight persons charged in this case also have been 
named in the Operation Albania investigation. Carrasco's killing took 
place 2 days after a failed assassination attempt against General 
Pinochet and was widely believed to have been in reprisal for that act.
    Efforts by Spanish Judge Baltazar Garzon to have former President 
and retired General Pinochet extradited from the United Kingdom to 
Spain for his alleged responsibility in the deaths, torture, and 
disappearances that took place during the military dictatorship 
continued. On January 18, a Law Lords panel convened to rehear 
Pinochet's appeal that he enjoyed sovereign immunity and should be 
freed immediately from house arrest and allowed to return to Chile. A 
November 1998 Law Lords ruling against Pinochet had been set aside in 
December of that year following an appeal that one of the deciding 
judges had not revealed a potential conflict of interest involving 
links with one of the parties supporting the Spanish request.
    In a complex decision on March 24, the new Law Lords panel found 
that General Pinochet had been arrested in connection with certain 
extraditable crimes under British law, did not enjoy sovereign immunity 
with respect to the alleged crimes, and that extradition proceedings 
could begin. However, the panel also ruled that the extradition request 
only could invoke charges of torture and conspiracy to torture related 
to incidents after December 8, 1988, the date the United Kingdom 
(following both Chile and Spain) ratified the International Convention 
Against Torture. This initially limited the charges against Pinochet to 
one 1989 case of alleged police torture leading to death and one count 
of conspiracy to torture, but Judge Garzon subsequently amplified his 
complaint to include many other alleged instances of abuse.
    On April 15, the British Home Secretary decided to allow the 
extradition process to proceed, and Pinochet's extradition hearing 
began on September 27. On October 8, a British magistrate determined 
that Pinochet could be extradited; the retired general appealed this 
ruling. At year's end, legal maneuvering continued, and Pinochet 
remained under house arrest in England.
    Investigations in Spain resulted in no new action regarding 
Operation Condor, an undercover operation in which several military 
governments in the region, led by Chile, cooperated to eliminate 
leftist opponents. Judge Garzon and a colleague had collected evidence 
and taken testimony regarding human rights violations in Chile and 
Argentina during the military dictatorships.
    Former Chilean intelligence agent Enrique Arancibia Clavel 
continued to be detained in Argentina, charged with involvement in the 
1974 car bombing in Buenos Aires that killed former army chief Carlos 
Prats and his wife Sofia Cuthbert. The case was reopened in 1992 as a 
result of a petition filed by the Prats family containing new evidence; 
Arancibia was detained in 1996. In January Arancibia petitioned for his 
release based on an Argentine law stating that no one can be held in 
preventive detention for more than 2 years. The court rejected 
hispetition, stating that the law's release provision was not 
automatic; each case had to be reviewed on its own merits.
    On April 9, charges against Arancibia were broadened to include 
``illicit association;'' the court also reaffirmed the Chilean 
Government's right to participate in the trial as a coplaintiff. Upon 
issuance of this ruling, attorneys for the Prats family asked that 
General Pinochet and several former senior officials of DINA (the army 
intelligence branch during the military regime), including retired 
generals Manuel Contreras, Pedro Espinoza, Raul Iturriaga Neumann, and 
Jose Zara Holger, and civilian Jorge Iturriaga Neumann, also be charged 
in the case. (Contreras and Espinoza are serving prison terms for the 
1976 killings in the United States of former Foreign Minister Orlando 
Letelier and his assistant Ronni Moffitt.)
    In mid-May attorneys for those newly implicated--with the exception 
of Pinochet who did not have legal representation--asked to have the 
statute of limitations invoked. In mid-August the Argentine judge 
handling the case, Maria Servini de Cubria, sent an official request to 
Pinochet in London asking that he name an attorney for this hearing. 
The judge noted that if Pinochet did not name a legal representative, 
one would be appointed. Arguing that it wanted to focus its energies on 
the actual prosecution of Arancibia, the Chilean Government declined to 
take part in this phase of the legal proceedings. In December the judge 
ruled that Contreras and Espinoza could be included in the case; 
Contreras and Espinoza appealed this ruling. At year's end, decisions 
were pending on the other defendants who tried to invoke the statute of 
limitations; oral proceedings against Arancibia had yet to begin.
    On March 30, a Santiago appeals court ordered the reopening of the 
case involving the 1982 death of labor leader Tucapel Jimenez and the 
related 1983 homicide of carpenter Juan Alegria Mundalca. Investigating 
Judge Sergio Valenzuela Pinto had closed the case on November 6, 1998, 
by ruling that there was insufficient evidence to bring anyone to 
trial. In reopening the investigation, the appeals court ordered the 
detention of 12 persons, including retired General Ramses Arturo 
Alvarez Scoglia and several former intelligence officers.
    Acting on a petition by the Government's Council for the Defense of 
the State, on April 9, the Supreme Court replaced Valenzuela Pinto, who 
had been criticized for his handling of the case since taking it on in 
1982, with Sergio Munoz Gajardo. In the months that followed, Judge 
Munoz charged five other persons; the authorities held two of these 
individuals and granted bail to the others. On May 27, the Supreme 
Court approved a request by Munoz to send a list of questions to 
Pinochet in London seeking clarification of what the retired general 
knew about Tucapel Jimenez' death. At year's end, these questions had 
not yet been presented to Pinochet.
    In mid-September Judge Munoz ordered 2 further high-profile 
detentions, bringing the total number of persons charged to 19. He 
ordered retired General Humberto Gordon, former CNI director and army 
representative on the military junta in 1986-88, and retired Brigadier 
Roberto Schmeid, former CNI chief for Santiago, detained on complicity 
charges. A September 21 Santiago appeals court ruling reduced the 
charges against Gordon to involvement in covering up the crime, but did 
not order him released. Two days later, in a split decision, a Supreme 
Court panel reinstated the complicity charges. Gordon was released on 
bail on November 12; at year's end, 16 of 19 persons implicated in the 
crime were free on bail, 2 still were detained and extradition of 
another from France was being sought.
    The authorities took retired air force Colonel Edgar Ceballos 
Jones, who led air force intelligence and the ``joint command'' in the 
years following the coup, into custody following a January 25 appeals 
court ruling. The court ordered Ceballos detained for his alleged role 
in the 1974 death of Alfonso Carreno Diaz and the disappearance the 
same year of Jose Luis Baenza Cruces. In June Ceballos filed to have 
his case transferred to the military justice system; the Supreme Court 
rejected this petition on September 23. Ceballos was released on bail 
on October 11; at year's end, legal proceedings were continuing.
    The daughter of Carmelo Soria, a Spanish citizen working for the 
United Nations who was killed in Santiago on July 14, 1976, appeared 
before the Inter-American Commission on Human Rights (IACHR) in March, 
charging the State with denial of justice in her father's case due to 
an August 23, 1996, amnesty ruling closing the investigation. In 1997 
the Soria family rejected a compensation offer from the Government.
    On April 19, a Concepcion military court detained five former CNI 
agents for the August 23-24, 1984, murders of eight MIR members. In 
1997 a military court had closed the case, ruling that the deaths 
occurred during an armed confrontation. However, a September 1998 
Supreme Court ruling ordered the case reopened.
    In a compensation case, a Santiago civil court awarded 
approximately $1.2 million (600 million pesos) to the mother of five 
MIR members who were killed or who disappeared between 1974 and 1976. 
The compensation was awarded for ``moral damages.'' At year's end, the 
Government was considering whether to appeal.
    In early October, Italy requested the extradition of retired 
General Manuel Contreras for his role in the attempted killing of 
Bernardo Leighton. Along with another Chilean, Contreras was convicted 
of the crime in absentia in Rome in 1995 and sentenced to 20 years in 
prison. On December 1, Judge Juan Guzman charged Contreras, along with 
former officers Marcelo Moren Brito and Armando Fernandez Larios, with 
the October 1974 disappearance of Communist Party member David 
Silberman Gurovich. The law precludes the extradition of any person 
being processed for a local crime, although the Italian request 
remained pending at year's end.
    While most allegations of human rights abuses are directed at now-
retired officers, some alleged perpetrators remain on active duty. For 
example, Army General Sergio Espinoza Davies, who commanded the U.N. 
Observer Mission along the India-Pakistan border, was accused of being 
involved in an October 1973 ``war council'' that sentenced five 
socialists to death without due process. Following the U.N.'s 
announcement that it would investigate the charges against him, the 
Government consulted with the United Nations. The issue became moot 
when General Espinoza Davies, promoted to Army Inspector General, 
returned to the country in December 1998.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    The major human rights controversy involved past disappearances and 
efforts by political factions and the judiciary to interpret the 1978 
Amnesty Law in such a way as to achieve truth, justice, and national 
reconciliation. As interpreted under the so-called Aylwin doctrine 
(named after former President Patricio Aylwin), the courts should not 
close a case involving a disappearance until either the body is found 
or credible evidence is provided to indicate that an individual is 
dead. A version of this doctrine began to take hold in the court 
system, but its application was uneven, and some courts continued the 
previous practice of applying the 1978 Amnesty Law to disappearances 
without conducting an investigation to locate the missing person's 
remains or identify the perpetrators. Of the 1,289 individuals who 
disappeared under the military regime, the remains of 244 have been 
found and identified; over 1,000 have yet to be found.
    The agency in charge of the compensation program for the families 
of those executed or who disappeared reported in mid-June that since 
1992 the State had provided over $95 million in benefits. Survivor 
benefits include pensions, educational subsidies, and other assistance.
    In December 1998, a Supreme Court panel overruled a 1997 
application of the Amnesty Law to the August 1974 disappearance of 
Alvaro Miguel Barrios Duche. The Supreme Court ruled that the law only 
could be applied following the completion of a full criminal 
investigation and the identification of the guilty parties; it ordered 
the military court to begin an investigation. This doctrine remains 
controversial, and jurisprudence in this area was unsettled at year's 
end.
    On June 9, Investigating Judge Guzman ordered the detention of 
retired General Sergio Arrellano Stark, who led the September-October 
1973 Caravan of Death responsible for at least 72 killings. Guzman also 
ordered the detention of former military officers Sergio Arredondo, 
Marcelo Moreno, Patricio Diaz, and Pedro Espinoza (already in jail for 
the Letelier-Moffitt murders). In December Judge Guzman granted 
Arellano's bail request subject to appeals court approval. The appeals 
court rejected Arellano's request for bail, and at year's end Arellano 
was considering his legal options. Guzman charged the 5 men with 
aggravated kidnaping in the disappearances of 19 persons. In July the 
Supreme Court refused to dismiss the case against the former officers.
    In ordering Arellano and the four others detained, Guzman resorted 
to controversial interpretations of the Amnesty Law and kidnaping 
statutes. The judge ruled that since the death of those 19 persons who 
disappeared during the Caravan had not been proven legally, the 
kidnapings must be presumed to continue and, therefore, the crime may 
fall beyond the period covered by the amnesty. Consistent with this 
interpretation, a proven 1973-78 death falls under the Amnesty Law; 
Guzman granted amnesty to five other former officers involved in the 
Caravan on these grounds.
    A July Supreme Court ruling on a habeas corpus petition brought by 
the detained former officers explicitly supported Guzman's detention of 
the five on aggravated kidnaping charges and noted that the 
investigation into the disappearances had to be exhausted prior to the 
consideration of a grant of amnesty. In August family members of those 
executed or who disappeared during the Caravan period petitioned the 
Santiago appeals court to raise the charges against those detained to 
homicide and to revoke the amnesty granted to the five other former 
officers. On August 26, the appeals court declined to increase the 
charges against the five detained officers and declined to charge those 
not detained with homicide. In making its determination on the five 
persons who were not detained, the court ruled that there was 
insufficient evidence of their involvement in the murders; it did not 
reaffirm the amnesty decree.
    The court further ordered that Armando Fernandez Larios, one of the 
five former officers granted amnesty by Judge Guzman, be charged with 
aggravated kidnaping and that his extradition be sought. In March the 
family of Winston Cabello Bravo, 1 of 16 persons executed in Copiapo in 
October 1973 during the Caravan of Death, filed a civil suit in a 
foreign country for damages against Fernandez. As of year's end, an 
extradition request for Fernandez had not yet been presented.
    On October 5, Judge Guzman asked the Supreme Court to send a list 
of questions to General Pinochet in London seeking information on what 
he knew about the Caravan of Death, the structure of the DINA, and 
other human rights matters. On November 3, Guzman announced that 
Pinochet's response, received a day earlier, did not directly answer 
the questions. Instead, Pinochet sent back a short note stating that 
his detention in the United Kingdom prevented his access to the 
material necessary to respond to the questions.
    On May 25, the authorities detained former DINA agent Basclay 
Zapata (also known as ``El Troglo'') for his alleged involvement in the 
May 1974 disappearance of two MIR members. On June 3, the Supreme Court 
rejected an appeal by Zapata to be released; he remained under arrest 
at year's end.
    The Vicariate of Solidarity Document and Archive Foundation 
reported that in the first half of 1999, courts revoked three prior 
amnesty rulings. An amnesty ruling was overturned in another instance, 
but the case was closed temporarily due to lack of evidence. Several 
other previous cases in which amnesty was granted are being appealed.
    Prior to 1998, the Supreme Court sometimes had ruled that when 
judges receive criminal complaints related to actions by armed services 
members in the period covered by the amnesty (September 11, 1973 to 
March 10, 1978), they were required to close the case immediately 
without further investigation. Court rulings in 1998 and 1999 called 
this determination into question, without completely ruling out the 
possibility that cases could be closed.
    Military courts, in particular, continued to be prone to close 
cases. Nonetheless, on January 18 the highest military court revoked a 
lower military court amnesty ruling in the illegal arrest case of 
Arsenio Poupin, declaring that the perpetrators of the crime had not 
been identified. Vice Minister of Government at the time of the coup, 
Poupin was arrested in La Moneda on September 11, 1973 and later 
disappeared. While the military court did order the case temporarily 
closed due to lack of evidence, the finding leaves open the possibility 
of a future reopening.
    In September 1998, the Supreme Court revoked an amnesty granted by 
a lower court covering the 1974 disappearance of MIR member Pedro 
Enrique Poblete Cordoba on the basis that the Geneva Convention (on 
internal conflicts) was applicable. This is the only Supreme Court or 
appeals court ruling that has interpreted the Geneva Convention as 
applicable to the military era, overriding the Amnesty Decree.
    In a subsequent 1998 case similar to Poblete's, the Supreme Court 
declined to invoke the Geneva Convention. An August Santiago appeals 
court panel also declined to address the Geneva Convention issue in a 
Caravan of Death ruling, despite the plaintiffs' arguments that the 
convention should be invoked.
    The Social Aid Foundation of Christian Churches (FASIC), the 
CODEPU, and other human rights organizations have several denial-of-
justice cases pending before the IACHR regarding previously closed 
disappearance and execution cases. Denial of justice cases based on 
application of the Amnesty Law also have been filed with the United 
Nations Commission on Human Rights (UNCHR). The most recent of these 
was filed in April, alleging that justice had been denied in the 
disappearance case of Eduardo Paredes Barrientos, an adviser to deposed 
President Salvador Allende and once head of the Investigations Police. 
An August 1998 Supreme Court ruling had upheld a previous amnesty 
finding in Paredes' case.
    In 1998 France joined Spain in seeking the extradition of General 
Pinochet from the United Kingdom, based on the disappearance of three 
French citizens in 1973-77. Switzerland and Belgium also filed 
extradition requests for Pinochet in 1998.
    Investigations of military-era detentions and disappearances of 
persons at Colonia Dignidad (renamed ``Villa Baviera''), a secretive 
German-speaking settlement 240 miles south of Santiago, led to an April 
28 detention order issued by Judge Guzman against Paul Schaefer for the 
kidnaping and disappearance of Alvaro Vallejos. Schaefer, already 
wanted by the authorities on other charges, remained a fugitive at 
year's end. The 34,000-acre enclave, inhabited by 350 persons, was 
founded by the 78-year-old Schaefer, who immigrated from Germany in 
1961 with 300 followers.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution forbids the use of illegal pressure on 
detainees; however, the CODEPU has received reports of abuse and 
mistreatment by both the National Police and the Investigations Police. 
When requested by other human rights organizations or family members, 
CODEPU lawyers visit detainees during the interrogation (see Section 
1.d.) and represent some suspected terrorists in court. The CODEPU 
continues to investigate alleged use of excessive force against 
detainees. The Minister of Interior asks the courts to conduct 
independent investigations of credible complaints of police abuse, but 
such investigations often do not result in arrests, due in part to the 
reluctance of judges to pursue the issue vigorously.
    The Human Rights Office of the Metropolitan Legal Aid Office, an 
arm of the Justice Ministry, released a report in March noting that it 
had attended 815 persons in 1998, twice the number seen the previous 
year. The report further stated that the Legal Aid Office presented 70 
cases to civilian or military courts in 1998; 42 cases were filed in 
1997. Of the more recent cases, 48 were lodged against National Police 
officers for abuses, while 7 cases involved the Investigations Police, 
and 6 involved military personnel. The remainder involved various 
government civilian authorities and private security guards.
    In July 1998, a new law entered into effect that clarified the 
illegality of any use of force against persons detained by the police. 
The law provides that if a member of the police force uses torture or 
unlawful coercion, either physical or mental, or orders them to be 
applied, or uses them against a person under arrest or detention, the 
officer would be sentenced to imprisonment. Officers who know about the 
abuse and have the necessary power and authority to prevent or stop it 
also would be considered accessories to the crime if they fail to do so 
(see Section 1.d.).
    Human rights groups continue to claim that military recruits 
sometimes are mistreated. The Commission on Juvenile Rights (CODEJU), a 
nongovernmental organization (NGO) claimed on November 5 that it had 
received 380 complaints of recruit mistreatment in the previous 5 
years. This statement followed the October 29 departure from an Iquique 
military base of recruits Leonardo Guerra Leandro and Mario Jesus 
Basaubre. Once home Guerra claimed that he was mistreated on the base; 
Basaubre committed suicide at home on October 30. In response, the army 
announced that its preliminary investigation backed the recruits' 
claims of mistreatment and promised to take administrative and 
disciplinary action against those allegedly involved. The army also 
referred the matter to the local military prosecutor. The recruits' 
families filed a criminalcomplaint charging the base's second in 
command and two other soldiers with responsibility for the 
mistreatment. The army stated Basaubre's suicide was the third by a 
soldier during the year; there was one suicide in the ranks in 1998, 
five suicides in 1997, and six in 1996.
    On November 9, the investigating judge again closed the case of 
Pedro Soto Tapia, a 19-year-old military conscript who alleged 
mistreatment in 1996 and whose remains were found in March 1997. At 
year's end, Soto Tapia's family was considering its legal options (see 
Section 1.a.).
    There was no new information available on the case involving 14 
military conscripts who were reportedly beaten during a military 
exercise in 1998. One corporal involved in the incident was removed 
from the military and was awaiting trial at the end of 1998.
    At year's end, the court of appeals had not yet ruled on the August 
1997 filing by attorneys for Carmen Gloria Quintana that appealed 
efforts by the Government to set aside a compensation award of 
approximately $600,000 that the IACHR had recommended for Quintana in 
1988. Army captain Pedro Fernandez Dittus set fire to Quintana and her 
companion Rodrigo Rojas Denegri while they were participating in a 
protest against the military regime in 1986. Rojas died 4 days later, 
while Quintana survived with severe and disfiguring injuries.
    In September a press report indicated that unknown persons 
threatened Rafael Castillo, a prominent investigator for the 
Investigations Police on Operation Albania, as well as the Letelier, 
Prat, and Leighton killings.
    Prisons are often overcrowded and antiquated, but conditions are 
not life threatening. Food meets minimum nutritional needs, and 
prisoners may supplement the diet by buying food. Those with sufficient 
funds often can rent space in a better wing of the prison. Prison 
guards have been accused of using excessive force to stop attempted 
prison breaks. Although most reports state that the guards generally 
behave responsibly and do not mistreat prisoners, several prisoners 
have complained of beatings. There were 422 minors in adult prisons, 
according to 1998 figures (see Section 5).
    The maximum security prison housed 56 inmates until early February, 
most of them charged with, or convicted of, terrorism. In February 
these prisoners were transferred to other penitentiaries while repairs 
were done to the facility and security measures upgraded. The prisoners 
complained that they were beaten and abused during the move; the 
Government denied this, but admitted that prisoners were handcuffed and 
that tear gas was used. On June 6, a Santiago appeals court, while 
recognizing that the inmates did not cooperate with the transfer, ruled 
that prison guards used excessive force. The court ordered prison 
authorities to abstain from using such force in the future. Prison 
authorities appealed the finding to the Supreme Court.
    On March 29, 44 prisoners were returned to the maximum security 
prison; the other 12 remained in different penitentiaries. These 
prisoners continue to complain that strict security measures, 
restriction of visitors, hidden cameras, and rigid regulations violate 
their rights. In 1997 the Ministry of Justice confirmed that there were 
listening devices in prison cells but asserted that they were never 
used.
    The Government permits prison visits by independent human rights 
monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The authorities 
generally respect constitutional provisions for arrest and detention; 
however, detainees are not always advised promptly of charges against 
them, nor granted a speedy hearing before a judge. The Constitution 
allows civilian and military courts to order detention for up to 5 days 
without arraignment and to extend the detention of alleged terrorists 
for up to 10 days. The law affords detainees 30 minutes of immediate 
and subsequent daily access to a lawyer (in the presence of a prison 
guard) and to a doctor to verify their physical condition. The law does 
not permit a judge to deny such access; police authorities generally 
observe these requirements.
    In practice many detainees are not promptly advised of charges 
against them and are not granted a timely hearing before a judge. At 
the end of 1998, 7 percent of the general prison population of 26,449 
was under investigation but not charged with a crime; 44 percent were 
charged with an offense and wereawaiting trial or had been convicted 
and were awaiting sentencing; and 49 percent were serving sentences.
    In July 1998, a new law entered into force that eliminated the 
right of the police to stop persons, demand identification, and arrest 
them based on suspicion that they may have committed a crime. (This 
right to arrest persons on suspicion often was used against minors.) 
The new law also requires police to inform those detained of their 
rights and to expedite notification of the detention to family members. 
The law also deals with physical abuse by police against detained 
persons (see Section 1.c.). A case filed in July 1998 involving the new 
law remains in the courts.
    On September 1, the authorities arrested two San Antonio 
Carabineros for their alleged responsibility in the death of Jonathan 
Moya Jara; prior to his death, the two policemen allegedly detained 
Moya illegally, citing the repealed Suspicion Law (see Section 1.a.).
    The Constitution provides for the right to legal counsel, but this 
is a reality primarily for those who can afford to pay. The poor, who 
account for the majority of cases, may be represented by law students 
doing practical training (who often are overworked), on occasion by a 
court-appointed lawyer, or by a lawyer from the Government's legal 
assistance corporation. The Constitution allows judges to set bail.
    There were no cases of forced exile.
    e. Denial of Fair Public Trial.--The Constitution calls for a 
judicial system independent of the other branches of government; 
however, while the judiciary, and particularly the Supreme Court, has 
been dominated in the past by appointees of the former military regime, 
turnover in the courts has led to a significant diminution of that 
influence.
    Cases decided in the lower courts can be referred to appeals courts 
and ultimately to the Supreme Court. Criminal court judges are 
appointed for life. In December 1997, constitutional reforms were 
approved that set 75 as the age limit for Supreme Court justices, gave 
the Senate the power to approve presidential nominees to the Court, and 
increased the Court's membership from 17 to 21. Of the 21 justices on 
the Supreme Court, only 3 were appointed under the military regime. The 
Supreme Court prepares lists of nominees for vacancies on the Supreme 
Court and appeals courts, from which the President makes nominations. 
The Supreme Court continues to work with the other branches of 
government on broad judicial reform.
    The jurisdiction of military tribunals is limited to cases 
involving military personnel. If formal charges are filed in civilian 
courts against a member of the military, including the National Police, 
the military prosecutor asks for, and the Supreme Court often grants, 
military jurisdiction. This is of particular consequence in the human 
rights cases from the period covered by the 1978 Amnesty Law. In 
addition, military courts have the authority to charge and try 
civilians for defamation of military personnel and for sedition. 
Rulings by military tribunals can be appealed to the Supreme Court. The 
army's Auditor General, Fernando Torres Silva, who was appointed during 
the military regime, was replaced in April. Human rights groups had 
accused Torres Silva of actively opposing investigations into cases 
involving alleged abuses under the military regime.
    In September 1997, President Frei signed a judicial reform law that 
created the post of Attorney General and a related ministry that is 
expected to be in full operation by 2003. Congress passed enabling 
legislation for the Ministry in September, and the President signed it 
into law on October 8. On November 17, the Senate confirmed Guillermo 
Piedrabuena to a 10-year term as the first Attorney General. The 
judicial reform law provides that national and regional prosecutors 
investigate crimes and formulate charges, leaving judges and 
magistrates the narrower function of judging the merits of evidence 
presented to them. The Government has designated two regions to begin 
gradual implementation of the reform. Training and administrative 
preparations began during the year, with the first oral trials expected 
in December 2000.
    Based on the Napoleonic Code, the criminal justice system does not 
provide for trial by jury, nor does it assume innocence until proven 
otherwise. Criminal proceedings are inquisitorial rather than 
adversarial. The Constitution provides for the right to legal counsel, 
but the poor do not always get effective legal representation (see 
Section 1.d.).
    There were no reports of political prisoners, although the inmates 
in Santiago's maximum security prison who have been convicted of 
terrorist acts routinely claim to be political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, government 
authorities generally respect these prohibitions, and violations are 
subject to effective legal sanctions. A 1995 privacy law bars obtaining 
information by undisclosed recording, telephone intercepts, and other 
surreptitious means, as well as the dissemination of such information, 
except by judicial order in narcotics-related cases.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects these rights. The press maintains its independence, criticizes 
the Government, and covers issues sensitive to the military, including 
human rights. However, investigative journalism is still a rarity.
    Two major media groups control most of the print media, which are 
largely independent of the Government. The State is the majority owner 
of La Nacion newspaper, but it is editorially independent. A new 
privately owned Santiago-area daily, El Metropolitano, began publishing 
in May.
    The electronic media also are largely independent of government 
control. The Television Nacional network is state-owned but not under 
direct government control. It receives no government subsidy and is 
self-financing through commercial advertising. It is editorially 
independent and is governed by a board of directors appointed by the 
Senate. Members reflect various political viewpoints, and the board 
encourages the expression of varied opinions over the network.
    Under the State Security Law of 1958, it is a criminal offense to 
besmirch the honor of state institutions and symbols, such as the 
Congress, the Supreme Court, the military services, the flag, and the 
President. Military courts have the authority to charge and try 
civilians for defamation of military personnel and for sedition, but 
their rulings can be appealed to the Supreme Court. Human Rights Watch 
has criticized these restrictions on freedom of expression and 
information, as has the OAS Special Rapporteur for Freedom of 
Expression; he visited the country in June and called for changes to 
the law.
    In 1996 Congress passed a privacy law that set penalties for those 
who infringe on the private and public lives of individuals and their 
families. At the time of the law's passage, journalists argued 
vigorously that applying it to media reporting would have a chilling 
effect on freedom of the press. As yet this privacy law has not been 
applied to the media. There have been unsuccessful attempts to 
incorporate language and penalties similar to those in the privacy law 
into a draft press law.
    On January 21, 1998, the authorities jailed two journalists in a 
libel case brought against them by Supreme Court Justice Servando 
Jordan under provisions of the State Security Law. They were released 
on bail the following morning. Although a lower court rejected the 
charges against the two journalists and an appeals court reaffirmed 
this decision in June, on September 16, 1998, another appeals court 
reinstated the case. The two journalists spent the night of September 
16 in jail before being released on bail. The case remained in the 
legal system until June 29, when the judge investigating the case 
absolved the two journalists. A Santiago appeals court confirmed this 
ruling on September 8. Jordan appealed the ruling to the Supreme Court 
and the case was under review at year's end.
    On April 13, the ``Black Book of Chilean Justice,'' by Alejandra 
Matus, went on sale in Santiago. On April 14, Supreme Court Justice 
Jordan, who was mentioned negatively in the book, filed charges against 
Matus under the State Security Law and asked to have all copies of the 
volume seized. Responding to Jordan's suit, a Santiago appeals court 
judge ordered all copies of the book seized from the publisher, 
Editorial Planeta, and from book stores. After seizure of the book, the 
La Tercera newspaper and the Planeta publishing house each placed the 
prohibited text on the Internet, using foreign servers. The book also 
was published in Argentina. On May 14, the Supreme Court declinedto 
order release of the seized volumes while Jordan's complaint continued 
in lower courts.
    After becoming aware of the lawsuit, Matus left the country. The 
charges against her, and seizure of the book, were widely criticized. 
The President called on the legislature to modify the State Security 
Law to ensure freedom of expression and, on October 7, the Chamber of 
Deputies approved modifications in the law; at year's end action still 
was pending in the Senate. In early October, Matus presented her case 
before the IACHR.
    On June 16, Editorial Planeta general manager Bartolo Ortiz and 
chief editor Carlos Orellana were detained for their role in publishing 
Matus' book. They were released on bail 2 days later. The OAS Special 
Rapporteur criticized their detention and the seizure of Matus' book 
during his June visit. On July 30, a Santiago appeals court dismissed 
the case against Ortiz and Orellana. On September 16, the Supreme Court 
affirmed the lower court decision, rejecting a petition from Jordan to 
overturn the appeals court finding.
    The 1980 Constitution established a Film Classification Council 
(CCC) with the power of prior censorship. The council has banned over 
50 films and approximately 700 videos. Local and foreign film 
distributors regard the CCC's screening process as insufficiently 
transparent. The Lawyers Association for Public Liberties petitioned 
the IACHR to object to censorship of the film ``The Last Temptation of 
Christ;'' the Commission ruled against the Government and the case is 
now before the Inter-American Court.
    The National Television Council (CNT), created by legislation in 
1989 and supported with government funding, is charged with assuring 
that television programming ``respects the moral and cultural values of 
the nation.'' The CNT's principal role is to regulate violence and 
sexual content in both broadcast and cable television programming. 
Films and other programs judged by the CNT to be excessively violent or 
to have obscene language or sexually explicit scenes can be shown only 
after 10 p.m. when ``family viewing hours'' end. In practice, the ever-
increasing volume of programming makes the CNT's job all but 
impossible. The CNT issues occasional warnings to networks and cable 
service providers and sometimes obliges them to postpone the showing of 
certain films until after 10 p.m. It also occasionally levies fines. In 
July the CNT fined the La Red television station for ``harming the 
dignity'' of a municipal employee during a news spot. Debate continues 
over the CNT's role.
    The courts can prohibit media coverage of legal cases in progress 
but do so rarely. Courts issued two gag orders involving criminal cases 
in 1998, but both were overturned on appeal. On January 8, journalist 
Paula Afani was detained for 6 hours for failing to reveal her sources 
in a criminal case, but the arrest order was overturned quickly.
    The press has begun using foreign Internet web sites to publish 
articles when gag orders are issued.
    The Government does not restrict academic freedom. In May students 
demonstrated to protest the size of the Government's budget allocation 
for higher education; a police officer allegedly killed one student 
protester (see Section 1.a.).
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government respects this 
right in practice.
    As is traditional in the month of September, a number of 
demonstrations took place related to the anniversary of the 1973 coup, 
among other issues. In an early September student demonstration near 
the University of Arcis, a Carbinero was burned badly by a Molotov 
cocktail allegedly thrown by an 18-year-old student who was later taken 
into custody. On September 22, a court dismissed charges against the 
student on grounds of insufficient evidence.
    The Constitution provides for freedom of association, and the 
Government respects this right in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice. All 
denominations practice their faiths without restriction. Church and 
state are officially separate; however, the Roman Catholic Church 
receives official preferential treatment.
    Many of the approximately 2 million Protestants, who represent 
about 12 percent of the population, assert that the Government 
discriminates against them, based upon differing legal status afforded 
to non-Catholics. They cite the absence of Protestant armed forces 
chaplains, difficulties for pastors to visit military hospitals, and 
the predominantly Catholic religious education given in public schools. 
To remedy this situation, the lower house of Congress unanimously 
approved a bill to afford greater legal equality among all churches 
late in 1997. The Senate approved an amended version of the bill in 
July, and it entered into force in October. The new law allows other 
religious bodies to have a status that provides that a church cannot 
lose its juridical status administratively; for the Catholic Church, 
the law reaffirms that it cannot have its status questioned at all.
    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respects them in practice. For 
minor children to leave the country, either alone or with only one of 
their parents, they must have notarized permission from the 
nonaccompanying parent(s).
    The law includes provisions for granting refugee and asylee status 
in accordance with the provisions of the 1951 U.N. Convention Relating 
to the Status of Refugees and its 1967 Protocol. The Government 
cooperates with the office of the U.N. High Commissioner for Refugees 
and other humanitarian organizations in assisting refugees. The issue 
of provision of first asylum has not arisen.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    Chile is a constitutional democracy, and citizens have the right to 
change their government through periodic elections. There is universal 
suffrage for citizens 18 years of age and over. Free and fair 
presidential elections were held on December 12, with a runoff on 
January 16, 2000.
    The Government still operates under some political restraints that 
were imposed by the military regime. Under the 1980 Constitution, 
various national institutions--including the President, the Supreme 
Court, and the National Security Council (the latter acting in part on 
nominations by the armed forces)--appoint an additional nine senators 
(beyond those elected) to 8-year terms. Nine newly appointed 
institutional senators took their seats in March 1998 along with former 
President Pinochet, who became a senator-for-life. (Upon leaving office 
in March 2000, President Frei becomes eligible for a seat as a senator-
for-life.) The legislative branch, with the exception of the 
institutional senators, is elected freely and is independent from the 
executive branch.
    The former military government wrote the 1980 Constitution and 
amended it slightly in 1989 after losing a referendum on whether 
General Pinochet should stay in office as president. The Constitution 
provides for a strong presidency and a legislative branch with limited 
powers. In addition, it includes provisions designed to protect the 
interests of the military and the conservative political opposition. 
These provisions include limitations on the President's right to remove 
military service chiefs (including the chief of the army); an electoral 
system that gives the second-place party (or coalition) in each 
district disproportionate representation in Congress; and the provision 
for nonelected institutional senators. The Government has called for 
modification of these provisions, which it views as ``authoritarian 
enclaves'' left over from the previous regime; the opposition has 
pledged to fight to retain what it views as important checks and 
balances in the system of government; however, during the year the 
opposition indicated a willingness to consider some changes.
    Women have had the right to vote in municipal elections since 1934, 
in national elections since 1949, and are active in political life at 
the grassroots level. Women make up a majority of registered voters and 
of those who actually cast ballots; however, they are underrepresented 
in government and politics. There were 13 women among the 120 deputies, 
2 in the 48-seat Senate, and 2 among the 20 cabinet ministers. No women 
serve among the 21 Supreme Court justices. The level of female 
participation in government is not increasing markedly.
    The approximately 1 million indigenous people have the legal right 
to participate freely in the political process, although relatively few 
are active politically. One member of Congress is of indigenous 
descent.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several nongovernmental human rights organizations are active. The 
Chilean Human Rights Commission, an NGO, is affiliated with the 
International League of Human Rights. The FASIC is also very active on 
the full range of human rights issues. The CODEPU provides legal 
counsel to some claiming that they are being accused of politically 
related crimes and to victims of human rights abuses. Domestic NGO's 
state that the Government cooperates with their efforts to investigate 
accusations of human rights violations. Many international NGO's follow 
local human rights issues closely.
    During the year threats occasionally were made against human rights 
activists. The Government provided protection as appropriate and none 
of the threats was carried out. On November 4, burglars entered the 
CODEPU's offices and stole computers and printers.
    In September a press report indicated that unknown persons 
threatened Rafael Castillo, who had in the past investigated human 
rights abuses associated with Operation Albania, as well as the 
Letelier, Prat, and Leighton killings for the Investigations Police. 
The unconfirmed report indicated that he also received threats in 
August 1998 when former CNI agents were charged in the Operation 
Albania case.
    In May 1998, President Frei advocated the creation of a ``national 
defender of citizens,'' a state body that would receive complaints 
about abusive government acts; however, the executive branch had not 
forwarded legislation to Congress to create this entity by year's end.
    In April the UNCHR issued a report that criticized the Amnesty Law, 
the existence of nonelected senate members, and the lack of a divorce 
law. The Government cooperated with the Commission's work, providing a 
submission to the group expressing its views.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides for equality before the law, but it does 
not ban specifically discrimination based on race, sex, religion, or 
social status.
    Women.--The most serious violations of women's rights involved 
sexual and domestic violence. The public is becoming increasingly aware 
of the extent of physical abuse of women. The National Women's Service 
(SERNAM), created in 1991 to combat discrimination against women, found 
in a 1996 study of more than 12,000 reports of domestic violence that 3 
years after the Law on Intrafamily Violence went into effect, only 1 in 
5 accusations resulted in judicial action. The study indicated that 
spouses or domestic partners were responsible for 88 percent of family 
violence, and that 63 percent of the reports involved physical attacks. 
It showed that in nearly three-quarters of reported cases of domestic 
violence, the accusation led to a positive change in the domestic 
situation regardless of the judicial outcome. The SERNAM also conducted 
courses on the legal, medical, and psychological aspects of domestic 
violence for police officers and judicial and municipal authorities.
    The courts may order counseling for those involved in intrafamily 
violence. In 1997 there were approximately 61,000 reports of domestic 
violence. The Citizens' Peace Foundation indicated that there were 993 
cases of rape reported to the police in 1997, and 1,052 in 1998. It is 
believed that a majority of rape cases go unreported. On July 2, a new 
law took effect that increased the penalties for sexual abuse. The 
legislation includes clauses to facilitate proof of the crime and 
protect the privacy and safety of the woman making the charge. The new 
law also overturned 100-year-old legislation that permitted a man 
charged with rape to be released if he asked the victim to marry him 
and she accepted.
    The Constitution was amended on June 16 to emphasize the principle 
of equality between men and women and now states that ``persons are 
born free and equal in their dignity and rights'' (rather than using 
the generic term ``men'').
    Nonetheless, legal distinctions between the sexes still exist. The 
law permits legal separation but not divorce, so those who wish to 
remarry must seek annulments. Since annulment implies that a marriage 
never existed under the law, former spouses are left with little 
recourse for financial support. Although a recent law created conjugal 
property as an option in a marriage, some women saw this as a step 
backward, since the law on separate property (which still exists) gives 
women the right to one-half their husbands' assets but gives husbands 
no rights to assets of a wife. Despite heavy opposition from the 
Catholic Church, the Chamber of Deputies approved a divorce bill in 
September 1997; the bill still is awaiting Senate action.
    Another SERNAM study in 1997 found that the average earnings of 
female heads of household are only 71 percent of those of male heads of 
household. Women with no schooling averaged a salary that was 87 
percent of their male counterparts without schooling, while female 
heads of household with university training averaged only 57 percent as 
much as their male counterparts. The SERNAM has a pilot program that 
provides occupational training and child care in an effort to alleviate 
this disparity. The Labor Code provides benefits for pregnant workers 
and recent mothers. Employers do not have the right to ask women to 
take pregnancy tests prior to hiring them; legislation prohibiting this 
practice took effect in November 1998.
    Children.--The Government provides free education through high 
school; education is compulsory from first through eighth grade.
    Violence against children is a problem. A mid-year report by the 
National Minors Service (SENAME) noted that it had handled the cases of 
5,453 mistreated children through June; 583 of these cases were judged 
severe enough to be presented to legal authorities. The SENAME reported 
that cases of abuse brought to its attention totaled 9,723 in 1998 and 
7,676 in 1997. In October the SENAME reported that 22 percent of child 
abuse cases brought to court were dismissed without investigation; 
SENAME stated that this was a large improvement over the 90 percent 
figure prevalent in the 1980's. A 1996 SENAME survey indicated that 
sexual abuse of minors occurs, but that few cases are reported. A 
report from the La Morada Corporation for Women released in May 
estimated that there are 20,000 cases of sexual abuse of children every 
year. Of such cases, only 10 percent go to trial and only 3 percent 
result in the accused receiving a sentence.
    A 1996 U.N. Children's Fund (UNICEF) report stated that 34 percent 
of children under 12 years of age experience serious physical violence, 
although only 3.2 percent of the victims of intrafamily violence 
reported to the national police family affairs unit were below the age 
of 18. A 1994 Law on Intrafamily Violence was designed in part to deal 
with this problem. According to UNICEF, some form of corporal 
punishment is used by one or both parents in 62 percent of households. 
UNICEF estimated that approximately 107,000 children between the ages 
of 12 and 19 are in the work force. The Catholic Church's study 
estimated that some 50,000 children under age 15 are working (see 
Section 6.d.).
    Investigations of child abuse at Colonia Dignidad, the secretive 
German-speaking settlement 240 miles south of Santiago founded in 1961 
by Paul Schaefer continued. Police conducted several unsuccessful 
searches throughout the year for the 78-year-old Schaefer. In August 
the authorities detained six persons, following the July appearance of 
a minor missing for 2 years who last had been seen at the Colonia and 
was feared to have been sexually abused by Schaefer. They released one 
of these persons on September 16, after a Supreme Court decision that 
he had not been involved in the crime; another received bail on October 
11. Two persons, including the child's father and a former CNI agent, 
had been detained earlier in the disappearance.
    A joint SENAME-UNICEF study in 1995 estimated that there were 4,200 
child prostitutes between the ages of 6 and 18 in the country. UNICEF 
estimated in June that this figure had grown to roughly 10,000.
    By law, juvenile offenders (i.e., those under the age of 18) are 
segregated from adult prisoners. The Government had reduced the number 
of minors in adult prisons from 6,630 in 1992 to 346 in 1997, although 
this figure reached 422 by the end of 1998.
    Congress approved a law in September 1998, which took effect in 
late 1999, that gives illegitimate children the same legalrights (e.g., 
of inheritance) as those enjoyed by children born to a married couple.
    People with Disabilities.--Congress passed a law in 1994 to promote 
the integration of the disabled into society; the Government's National 
Fund for the Handicapped has a small budget to encourage such 
integration. The 1992 census found that 288,000 citizens said that they 
had some form of disability. The disabled still suffer some forms of 
legal discrimination; for example, blind persons cannot become teachers 
or tutors. Although a 1994 law requires that new public buildings 
provide access for the disabled, the public transportation system does 
not make provision for wheelchair access, and the newest subway line in 
the Santiago metropolitan area provides facilitated access for the 
disabled only in some areas.
    Indigenous People.--According to the 1992 census, nearly 1 million 
persons, slightly less than 7 percent of the population, consider 
themselves as indigenous. The Mapuches from the south constitute over 
90 percent of the indigenous population, but there are small Aymara, 
Atacameno, Huilliche, Rapa Nui, and Kawaskhar populations in other 
parts of the country. A committee composed of representatives of 
indigenous groups participated in drafting the 1993 law that recognizes 
the ethnic diversity of the indigenous population and gives indigenous 
people a voice in decisions affecting their lands, cultures, and 
traditions. It provides for eventual bilingual education in schools 
with indigenous populations, replacing a statute that emphasized 
assimilation of indigenous people. However, out of the population that 
identifies itself as indigenous, about one-half remain separated from 
the rest of society, largely because of historical, cultural, 
educational, and geographical factors. In practice, the ability of 
indigenous people to participate in governmental decisions affecting 
their lands, cultures, traditions, and the allocation of natural 
resources is marginal. Indigenous people also experience some societal 
discrimination.
    The National Corporation for Indigenous Development (CONADI) was 
created in 1994, and indigenous people directly elected representatives 
to this body in 1995 and again in November. It advises and directs 
government programs that assist the economic development of indigenous 
people.
    The Government announced a renewed effort in June to have Congress 
approve a constitutional reform that would recognize explicitly the 
existence of indigenous people and the State's responsibility for 
promoting respect for their culture. However, Congress has not yet 
passed the constitutional reform, which has been pending since 1991.
    In August the U.N. Committee for the Elimination of Racial 
Discrimination suggested that the Government consider formally 
apologizing to, and compensating, indigenous people for their 
historical treatment. The committee also suggested that the 
Constitution be changed explicitly to outlaw racial and ethnic 
discrimination.
    In the first decision of its kind, a Temuco appeals court ruled on 
September 10 that an indigenous employee fired from a municipal job had 
been discriminated against by her immediate superior. The court based 
its ruling on the Indigenous Law, which outlaws discrimination on the 
basis of ``origin and culture.''
    Several Mapuche families continued to object to exchanging 
traditional lands for other property as part of the Ralco hydroelectric 
project. The eight families involved continued to object to ENDESA's 
effort to have them resettled. In a related case, on September 8 a 
Santiago civil court ordered major construction on the project be 
suspended pending resolution of a suit filed by two Mapuches alleging 
that the preconstruction environmental impact statement was improperly 
done. On October 1, an appeals court overturned the suspension on 
further construction. At year's end, the matter remained before the 
courts.
    In early March, the authorities arrested two foreigners for alleged 
participation in an indigenous demonstration against the dam in Bio Bio 
province and ordered them expelled. A March 15 Supreme Court ruling 
overturned the expulsion orders.
    Land disputes between Mapuche Indian groups and private forestry 
companies arose throughout the year, leading to several arrests of 
Mapuches who committed violent acts. Beginning in May, agroup of 300 
Mapuches marched 420 miles to Santiago demanding the return of land 
rights and more political autonomy.
    National/Racial/Ethnic Minorities.--Chile assimilated a major 
European migration in the 1800's and a major Middle Eastern and 
Croatian migration in the early part of the 1900's. Smaller racial and 
ethnic minority groups (Chileans of Asian descent and African-Chileans) 
experience some societal intolerance.
Section 6. Worker Rights
    a. The Right of Association.--Workers have the right to form unions 
without prior authorization and to join existing unions. The work force 
is estimated at 5.7 million persons, of whom 3.7 million are salaried. 
The latest available statistics place union membership at approximately 
655,000, or roughly 12 percent of the entire work force. A 1995 law 
provides government-employee associations with the same rights as trade 
unions. However, this right is not enjoyed by police or military 
personnel, nor by employees of state-owned companies attached to the 
Ministry of Defense. Members of unions are free to withdraw from union 
membership.
    The 1992 Labor Code permits nationwide labor centrals, and the 
Unified Workers Central (CUT), the largest and most representative of 
these, legalized its status in April 1992. Labor unions are effectively 
independent of the Government, but union leaders usually are elected 
from lists based on party affiliation and often receive direction from 
parties' headquarters. There are no restrictions on the political 
activities or affiliations of unions or union officials. Registering a 
union is a simple process.
    Employees in the private sector have the right to strike; however, 
the Government regulates this right and some restrictions remain. The 
law proscribes employees of some 30 companies--largely providers of 
essential services (e.g., water and electricity)--from striking; it 
stipulates compulsory arbitration to resolve potential strikes in these 
companies. Public officials do not enjoy this right, although 
government teachers, municipal, and health workers have struck in the 
past. There is no provision for compulsory arbitration in the public 
sector.
    Employers must pay severance benefits to striking workers and must 
show cause to fire workers. Employees who believe that they have been 
dismissed unfairly or dismissed because of their trade union activities 
file complaints with the Ministry of Labor. If the claim is approved, 
the employer must make special and additional compensatory payments. 
The burden of proof rests on the employer in cases in which employees 
allege illegal antiunion activity.
    The CUT and many other labor confederations and federations 
maintain ties to international labor organizations.
    b. The Right to Organize and Bargain Collectively.--Despite legal 
provisions for collective bargaining, most workers negotiate individual 
contracts. Employers say that this is due to the workers' preference, 
distrust of union leaders, and loyalty to companies. Union leaders 
counter that the Labor Code--which does not allow union shops--prevents 
successful organization in many sectors. Employers also may include a 
clause in individual employment contracts that bars some classes of 
supervisory employees from collective bargaining. Employees may object 
to the inclusion of such clauses in their contracts and may appeal to 
the Ministry of Labor to excise them.
    The Ministry of Labor arbitrates about one-half of the complaints 
it receives. Workers may take unarbitrated cases to the courts. If 
complainants succeed in proving that they were fired unjustly, the 
employer must pay discharged employees twice their normal severance 
payment. There are no statistics available concerning the disposition 
of complaints of antiunion behavior. There were allegations that 
employers fire workers for union activity and attempt to avoid a 
complaint by immediately paying them some multiple of the normal 
severance pay.
    Temporary workers--defined in the Labor Code as those in 
agriculture and construction, as well as port workers and 
entertainers--may form unions, but their right to collective bargaining 
remains dependent on employers agreeing to negotiate with unions of 
temporary workers. Similarly, inter-company unions enjoy the right of 
collective bargaining only if the employer agrees to negotiate with 
such a union. Labor Code sanctions against unfair bargaining practices 
protect workers from dismissal only during the bargaining process. 
Labor leaders complain that companies invoke the law's needs-of-the-
company clause to fire workers after a union has signed a new contract, 
particularly when negotiations result in a prolonged strike.
    In November the Government reactivated long-stalled labor 
legislation designed to expand collective bargaining, including the 
facilitation of collective bargaining for temporary workers and across 
companies and sectors, among other goals. The lower chamber of Congress 
approved the draft legislation, but the Senate defeated it.
    Labor laws apply in the duty-free zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution and 
the Labor Code prohibit forced or compulsory labor, and it is not known 
to occur. While the Labor Code does not specifically prohibit forced 
and bonded labor by children, there were no reports of such practices.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law allows children between the ages of 15 and 18 to 
work with the express permission of their parents or guardians. 
Children 14 years of age also may work legally with such permission, 
but they must have completed their elementary education, and the work 
involved may not be physically strenuous or unhealthy. Additional 
provisions in the law protect workers under 18 years of age by 
restricting the types of work open to them (for example, they may not 
work in nightclubs) and by establishing special conditions of work 
(they may not work more than 8 hours in 1 day). Labor inspectors 
enforce these regulations, and compliance is good in the formal 
economy.
    Many children are employed in the informal economy. A government 
study estimated that 15,000 children between the ages of 6 and 11 and 
32,000 children between the ages of 12 and 14 are in the work force. 
UNICEF estimated that approximately 107,000 children between the ages 
of 12 and 19 work (see Section 5). An August 1998 Catholic Church study 
estimated that 50,000 children under the age of 15 worked. The majority 
of these were males from single-parent households headed by women; 
among these were children who worked more than 40 hours per week and 
did not attend school. The Ministry of Labor convenes regular meetings 
of a tripartite group (business-labor-government) to monitor progress 
in eradicating child labor. The Labor Code does not specifically 
prohibit forced and bonded labor by children, but such practices were 
not known to occur (see Section 6.c.).
    e. Acceptable Conditions of Work.--The law sets minimum wages, and 
the minimum wage is adjusted annually. This wage is designed to serve 
as the starting wage for an unskilled single worker entering the labor 
force and does not provide a worker and family with a decent standard 
of living. Only 11 percent of salaried workers earn the minimum wage. A 
tripartite committee comprising government, employer, and labor 
representatives normally suggests a minimum wage based on projected 
inflation and increases in productivity. In May 1998, Congress approved 
the Government's proposal setting an escalating minimum wage through 
the year 2000; the minimum monthly wage as of June 1 was approximately 
$175 (90,500 pesos).
    The law sets hours of work and occupational safety and health 
standards. The legal workweek is 48 hours, which can be worked in 
either 5 or 6 days. The maximum workday length is 10 hours, but 
positions such as caretakers and domestic servants are exempted. All 
workers enjoy at least one 24-hour rest period during the workweek, 
except for workers at high altitudes who voluntarily exchange a work-
free day each week for several consecutive work-free days every 2 
weeks.
    In late 1998, Congress modified the Labor Code to provide domestic 
employees the same pregnancy benefits as female employees who work 
outside private homes. The same legislation prohibits employers from 
requiring prospective female workers to take pregnancy tests.
    Occupational health and safety are protected under the law and 
administered by both the Ministries of Health and of Labor. The 
Government has increased resources for inspections by over 60 percent 
since 1990 and targeted industries guilty of the worst abuses. As a 
result, enforcement is improving, and voluntary compliance is fairly 
good. A law that became effective in 1996 increased the number of 
annual occupational health and safety inspections and provided that 
they be carried out by an expanded Labor Inspection Service in the 
Ministry of Labor. Insurance mutual funds provide workers' compensation 
and occupational safety training for the private and public sectors. 
There was a 24-percent decline in reported occupational injuries in 
1997, compared with the previous 5 years, although 11 percent of the 
work force still submitted claims. Workers who remove themselves from 
situations that they believe endanger their health and safety have 
their employment protected if a real danger to their health or safety 
exists.
    f. Trafficking in Persons.--There are no laws that specifically 
prohibit trafficking in persons, although it may be prosecuted under 
other laws. There were no reports that persons were trafficked to, 
from, or within the country.
                                 ______
                                 

                                COLOMBIA

    Colombia is a constitutional, multiparty democracy, in which the 
Liberal and Conservative parties have long dominated politics. Citizens 
elected President Andres Pastrana of the Conservative Party and a 
bicameral legislature controlled by the Liberal Party in generally 
free, fair, and transparent elections in 1998, despite attempts at 
intimidation and fraud by paramilitary groups, guerrillas, and 
narcotics traffickers. The civilian judiciary is largely independent of 
government influence, although the suborning or intimidation of judges, 
witnesses, and prosecutors by those indicted is common.
    The Government continued to face a serious challenge to its control 
over the national territory, as longstanding and widespread internal 
armed conflict and rampant violence--both political and criminal--
persisted. The principal participants were government security forces, 
paramilitary groups, guerrillas, and narcotics traffickers. In some 
areas government forces were engaged in combat with guerrillas or 
narcotics traffickers, while in others paramilitary groups fought 
guerrillas, and in still others guerrillas attacked demobilized members 
of rival guerrilla factions. Paramilitary groups and guerrillas 
attacked at increasing levels unarmed civilians suspected of loyalty to 
an opposing party in the conflict. The two major guerrilla groups, the 
Revolutionary Armed Forces of Colombia (FARC) and the National 
Liberation Army (ELN), consist of an estimated 11,000 to 17,000 full-
time combatants organized into more than 100 semiautonomous groups. The 
FARC and the ELN, along with other smaller groups, exercised a 
significant degree of influence and initiated armed action in nearly 
1,000 of the country's 1,085 municipalities during the year, compared 
with 700 municipalities in 1998. The major guerrilla organizations 
received a significant part of their revenues (in the hundreds of 
millions of dollars) from fees levied on narcotics production and 
trafficking. Guerrillas and paramilitary groups supplanted absent state 
institutions in many sparsely populated areas of the national 
territory. In July 1998, then-President-elect Pastrana met with the 
FARC's leader, ``Manuel Marulanda Velez,'' and agreed to a 
demilitarized zone (``despeje'') in which the two sides could pursue 
direct peace talks. In November 1998, the despeje was initiated in 5 
southern municipalities, with a total population of approximately 
100,000 persons. Security forces completed their withdrawal from the 
area the following month. In January Marulanda failed to appear for the 
scheduled formal inauguration of peace talks in the despeje. President 
Pastrana and Marulanda met again in May and agreed on an agenda for 
formal negotiations and on procedures for the creation of an 
international verification commission to monitor both sides' compliance 
with the terms of the despeje. However, the FARC refused to proceed 
with the establishment of the commission. Formal Government-FARC peace 
negotiations began in earnest in October and were underway at year's 
end, following the Government's concession to the FARC that, at least 
initially, there be no international verification commission. The 
Government also held a series of informal discussions with the ELN 
during the year, but insisted on the ELN's release of the victims of 
specific mass kidnapings as a condition for undertaking formal 
negotiations and for demilitarizing a zone in which the ELN could hold 
its national convention. At year's end, the ELN had not complied with 
the Government's request and still held captive several dozen of the 
specified kidnap victims.
    The civilian-led Ministry of Defense is responsible for internal 
security and oversees both the armed forces and the National Police, 
although civilian management of the armed forces is limited. The 
security forces include armed state law enforcement, investigative, and 
military authorities, including the National Police, army, air force, 
navy, marines, coast guard, the Administrative Department of Security 
(DAS), and the Prosecutor General's Technical Corps of Investigators 
(CTI). The army, air force, navy, marines, coast guard, and National 
Police fall under the direction of the Minister of Defense. The DAS, 
which has broad intelligence gathering, law enforcement, and 
investigative authority, reports directly to the President, but is 
directed by a law enforcement professional. The police are charged 
formally with maintaining internal order and security, but in practice 
law enforcement responsibilities often were shared with the army, 
especially in rural areas. The security forces regularly failed to 
confront paramilitary groups, and members of the security forces 
sometimes illegally collaborated with paramilitary forces. The armed 
forces and the police committed numerous, serious violations of human 
rights throughout the year.
    Despite years of drug- and politically related violence, the 
economy is diverse and developed. However, the economy has suffered a 
recession, and there was negative growth of 5 percent in 1999 for the 
first time in the country's modern history. TheGovernment has 
privatized many public-sector entities and liberalized trade and 
financial activity since 1991, and it plans further privatizations. 
Crude oil, coal, coffee, and cut flowers are the principal legal 
exports. Narcotics traffickers continued to control large tracts of 
land and other assets and exerted influence throughout society, the 
economy, and political life. The official unemployment rate peaked at 
20 percent, a record high, although it had declined to 18.1 percent by 
year's end. Inflation at year's end was 9.2 percent. The Government 
passed an austere budget to address the fiscal gap, which was at 6 
percent of gross domestic product (GDP), and has prepared reform 
proposals in areas such as pensions and regional finance. The balance 
of payments deficit was 4.5 percent of GDP. Income distribution is 
highly skewed; much of the population lives in poverty. Per capita GDP 
was approximately $2,100.
    The Government's human rights record remained poor; there was some 
improvement in several areas, and the Pastrana administration took 
measures to initiate structural reform, but serious problems remain. 
Government forces continued to commit numerous, serious abuses, 
including extrajudicial killings, at a level that was roughly similar 
to that of 1998. Despite some prosecutions and convictions, the 
authorities rarely brought officers of the security forces and the 
police charged with human rights offenses to justice, and impunity 
remains a problem. At times the security forces collaborated with 
paramilitary groups that committed abuses; in some instances, 
individual members of the security forces actively collaborated with 
members of paramilitary groups by passing them through roadblocks, 
sharing intelligence, and providing them with ammunition. Paramilitary 
forces find a ready support base within the military and police, as 
well as local civilian elites in many areas.
    On August 12, President Pastrana signed into law a revised Military 
Penal Code, which includes provisions that unit commanders no longer 
may judge their subordinates; that an independent judge advocate 
general corps is to be created; and that troops are to be protected 
legally if they refuse to carry out illegal orders to commit human 
rights abuses. However, necessary implementing legislation had not been 
passed at year's end. Also on August 12, the Government made public the 
Government's national human rights plan, which includes a provision 
that permits the armed forces commander to remove from service 
summarily any military member whose performance in combating 
paramilitary forces he deemed ``unsatisfactory or insufficient.'' The 
State demonstrated an increased willingness to remove from duty 
security force officers who failed to respect human rights, or ignored 
or were complicit in the abuses committed by paramilitary groups. The 
Government removed four army general officers from service during the 
year; the generals were under investigation for collaborating with or 
failing to combat paramilitary groups. A few other state security 
officers were removed from service or suspended during the year. The 
military judiciary demonstrated an increased willingness to turn cases 
involving security force officers accused of serious human rights 
violations over to the civilian judiciary, as required by a 1997 
Constitutional Court ruling; however, concerns about impunity within 
the military judiciary remained.
    Police, prison guards, and military forces continued to torture and 
mistreat detainees. Conditions in the overcrowded prisons are generally 
harsh; however, some inmates use bribes or intimidation to obtain more 
favorable treatment. Arbitrary arrest and detention, as well as 
prolonged pretrial detention, are fundamental problems. The civilian 
judiciary is inefficient, severely overburdened by a large case 
backlog, and undermined by intimidation and the prevailing climate of 
impunity. This situation remains at the core of the country's human 
rights problems. The Superior Judicial Council (CSJ) reported in August 
that 63 percent of crimes go unreported, and that 40 percent of all 
reported crimes go unpunished. The use of ``faceless'' prosecutors, 
judges, and witnesses, under cover of anonymity for security reasons, 
continued until June 30, in cases involving kidnaping, extortion, 
narcotics trafficking, terrorism, and in several hundred high-profile 
cases involving human rights violations. Human rights groups accused 
these courts of violating fundamental rights of due process, including 
the right to a public trial. On June 30, a ``specialized jurisdiction'' 
replaced the anonymous regional court system. The specialized 
jurisdiction prosecuted and tried cases of extortion, narcotics 
trafficking, money laundering, terrorism, and serious human rights 
violations, including massacres, some homicides, torture, and 
kidnaping. It permitted the use of anonymous witnesses and prosecutors 
in exceptional cases that potentially placed their lives in danger.
    The authorities sometimes infringed on citizens' privacy rights. 
Journalists practiced self-censorship. There were some restrictions on 
freedom of movement. There were unconfirmed reports of security forces 
harassing or threatening human rights groups. Violence and extensive 
societal discrimination against women, abuse of children, and child 
prostitution are serious problems. Extensive societal discrimination 
against the indigenous and minorities continued. Child labor is a 
widespread problem. Trafficking in women and girls for the purpose of 
forced prostitution is a problem. ``Social cleansing'' killings of 
street children, prostitutes, homosexuals, and others deemed socially 
undesirable by paramilitary groups, guerrillas, and vigilante groups 
continued to be a serious problem.
    Paramilitary groups and guerrillas were responsible for the vast 
majority of political and extrajudicial killings during the year. 
Throughout the country, paramilitary groups killed, tortured, and 
threatened civilians suspected of sympathizing with guerrillas in an 
orchestrated campaign to terrorize them into fleeing their homes, 
thereby depriving guerrillas of civilian support. Paramilitary forces 
were responsible for an increasing number of massacres and other 
politically motivated killings. They also fought guerrillas for control 
of some lucrative coca-growing regions and engaged directly in 
narcotics production and trafficking. The AUC paramilitary umbrella 
organization, whose membership totaled approximately 5,000 to 7,000 
armed combatants, exercised increasing influence during the year, 
extending its presence through violence and intimidation into areas 
previously under guerrilla control. Although some paramilitary groups 
reflect rural residents' desire to organize solely for self-defense, 
others are vigilante organizations, and still others are actually the 
paid private armies of narcotics traffickers or large landowners. 
Popular support for these organizations grew during the year, as 
guerrilla violence increased in the face of a slowly evolving peace 
process. The army's record in dealing with paramilitary groups remained 
mixed. In some locations the army on rare occasions attacked and 
captured members of such groups; in others it tolerated or even 
collaborated with paramilitary groups.
    The FARC and the ELN regularly attacked civilian populations, 
committed massacres and summary executions, and killed medical and 
religious personnel. Guerrillas were responsible for the majority of 
cases of forcible recruitment of indigenous people and of hundreds of 
children; they also were responsible for the majority of kidnapings. 
Guerrillas held more than 1,000 kidnaped civilians, with ransom 
payments serving as an important source of revenue. Other kidnap 
victims were killed. In some places, guerrillas collected ``war 
taxes,'' forced members of the citizenry into their ranks, forced small 
farmers to sow illicit crops, and regulated travel, commerce, and other 
activities. The FARC routinely committed abuses against citizens who 
resided in the despeje zone. Numerous credible sources reported cases 
of murder, rape, extortion, kidnaping, robbery, threats, detention, and 
forced recruitment, as well as impediments to free speech and fair 
trial and interference with religious practices.
    Violence and instability in rural areas displaced approximately 
288,000 civilians from their homes during the year. The total number of 
internally displaced citizens during 1995-99 probably exceeded 1 
million.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Political and 
extrajudicial killings continued to be a serious problem. An estimated 
2,000 to 3,000 citizens died in such acts, committed principally by 
nonstate agents. Members of the security forces continued to commit 
extrajudicial killings, and the number of such killings was at a level 
similar to the previous year. For the first 9 months of the year, the 
Center for Investigations and Popular Research (CINEP), a 
nongovernmental organization (NGO), reported that security forces were 
responsible for 24 extrajudicial killings in which the perpetrators 
could be identified, compared with 21 during the same period in 1998. 
These included deaths resulting from police abuse of authority. Most of 
the accused were called before military or, increasingly, civilian 
courts. There were some reports that police and former security force 
members committed social cleansing killings.
    According to the human rights Ombudsman's office, there were 399 
massacres (defined as the simultaneous or nearly simultaneous killing 
of 3 or more persons outside of combat at a single location or at 
several nearby locations) during the year. An estimated 1,845 persons 
were killed in these massacres. The office recorded 235 massacres in 
1998, but changed the criteria for describing an attack as a massacre 
during 1999. The human rights Ombudsman's office attributed culpability 
for 20 killings to the state security forces.
    The human rights delegate of the Attorney General's office received 
586 complaints and cases during the year and concluded 285 disciplinary 
investigations. Among the complaints were 136 of alleged forced 
disappearances; 103 of torture; and 46 of massacres. The office 
concluded investigations for alleged infractions committed in previous 
years by 80 members of the security forces (including 42 members of the 
National Police, 17 members of the army, and 20 members of the DAS). 
The office exonerated the accused person in 32 cases and imposed 
administrative sanctions (e.g. fines, suspensions, dismissals) in 38 
cases, including that of 1 army captain for his role in the 1998 
Barrancabermeja massacre. The office dropped 10 cases for lack of merit 
in the latter phases of investigations. Additionally, the office 
``archived'' 191 cases for lack of sufficient evidence. Among those 
sanctioned were 8 security force officers, including 1 National Police 
colonel; 11 of the 38 were sanctioned for torture, and 2 were 
sanctioned for forced disappearance. The office subsequently referred 
few of those who were sanctioned to the Prosecutor General for criminal 
prosecution. In November the Attorney General personally ordered 
Brigadier General Jaime Uscategui removed from service.
    During the year, the human rights unit of the Prosecutor General's 
office pursued 303 criminal processes against members of the security 
forces, 465 processes against members of paramilitary groups, 149 
processes against guerrillas, and 86 processes against civilians. The 
unit arrested 248 persons during the year, and other state entities 
arrested a further 87 persons against whom the unit had cases. Another 
435 arrest warrants (393 of which were issued by the unit) for persons 
against whom the unit had cases remained outstanding. The office took 
action against at least 12 officers for alleged serious human rights 
abuses.
    The National Institute for Forensic Medicine stated in a 
preliminary report that 22,957 murders occurred during the year, 
compared with 19,665 during 1998. This represented a marked increase, 
at 55 deaths per 100,000 inhabitants, from the 1998 figure of 52.8 
deaths per 100,000 inhabitants. The press reported that on average, 68 
persons were murdered per day. The police and the Prosecutor General's 
office have insufficient resources to investigate most killings 
adequately. In August the Superior Judicial Council (CSJ) reported that 
63 percent of crimes go unreported, and that 40 percent of reported 
crimes go unpunished.
    During the year, the military judiciary convicted and sentenced 130 
members of the National Police, army, and navy for possible human 
rights violations. (Many of those sanctioned committed crimes that were 
not human rights abuses.) Among those convicted and sentenced by 
military courts were 68 members of the army, 56 of the National Police, 
and 6 of the navy/marines. The military judiciary reported neither the 
nature of the sentences in the 130 cases nor the circumstances of the 
crimes. The Civilian Criminal Procedure Code authorizes restriction to 
base as an acceptable substitute for imprisonment when military jails 
or prisons are unavailable. In August 1997, the Constitutional Court 
more narrowly defined the constitutional provision that crimes by state 
agents unrelated to ``acts of service'' must be tried in civilian 
courts (see Section 1.e.). Since then, the military judiciary has 
turned 526 cases of possible human rights violations over to the 
civilian judiciary for investigation and possible prosecution. Among 
the cases transferred during the year were those of three full 
colonels--the first time that the military judiciary turned over cases 
concerning several high-ranking officers.
    On March 14, members of the 4th Counterguerrilla Battalion (4th 
Brigade) killed Antioquia peace commissioner (and former Vice Minister 
for Youth) Alex Lopera and two other persons as they attempted to 
deliver an approximately $75,000 (150 million pesos) ransom for a 
kidnaping victim to the FARC's 47th front near Sonson, Antioquia. Aware 
that the three were carrying a large amount of money, army Major David 
Hernandez, Captain Diego Fino Rodriguez, Sergeant Edgardo Varon, and 
Privates Carlos Escudero, Ferney Cardona, and Raul Gallego set up a 
military roadblock, detained them, killed them, stole the ransom money, 
and then pushed the victims and the vehicle into a deep crevice.
    Determining that the soldiers' actions were in no way related to 
acts of service, the military judiciary passed the case to the civilian 
judiciary. Prosecution of all six was underway at year's end, although 
Major Hernandez escaped from military detention and remained a fugitive 
from justice.
    On April 18, police found the body of Jewish industrialist Benjamin 
Khoudari. He had been kidnaped in Bogota on October 30, 1998, and later 
killed despite his family's payment of ransom. The authorities arrested 
Fabio Ramiro Cassallas Gonzalez and Alvaro Guerrero Cardenas, former 
guerrillas who had become army informants; they remained in detention 
and under investigation at year's end. Also in April, the army arrested 
Colonel Jorge Plazas Acevedo, the chief of intelligence for the army's 
13th Brigade, for allegedly heading a kidnaping gang believed 
responsible for the kidnaping and killing of several Jewish 
industrialists, including Khoudari. The authorities arrested a 
lieutenant and a sergeant under Plazas's command, and placed all three 
in preventive detention in April. The military judiciary determined 
that the alleged actions of the three bore no relation to acts of 
military service, and therefore they should be tried in civilian 
courts. (As of August, Plazas and the lieutenant remained in military 
detention, but the sergeant had escaped.) In July the army retired 
Plazas, and an Attorney General's disciplinary investigation of him was 
underway at year's end.
    Government authorities made arrests of or progressed in prosecuting 
accused perpetrators of some past killings. The authorities arrested 
former policemen Rafael Cespedes and Edgar Armando Daza Diaz for the 
October 1998 killing of Jorge Ortega, vice president of the country's 
largest labor confederation, the United Workers' Central (CUT), during 
a major labor strike. One of the two men later escaped detention. An 
investigation was underway at year's end (see Section 6.a.).
    The Attorney General's human rights delegate exonerated soldiers of 
the army's Boca Battalion, 3rd Brigade, for the July 1998 killings of 
five civilians at a roadblock about 14 miles outside of Pasto, Narino 
department. It concluded that the deceased, all of whom reportedly had 
criminal records, had opened fire on the soldiers, wounding one 
sergeant. The Third Brigade commander found, in a first-instance 
military judicial decision, that there were no grounds to open an 
official investigation of the soldiers, and the case was archived.
    On June 30, the National Tribunal (the appellate court for the 
anonymous regional civilian courts system) overturned a lower court's 
March decision and sentenced army Captain Rodrigo Canas Forero to 50 
years' imprisonment for his role in the April 1996 Segovia massacre. 
Canas was a member of the army's 14th Brigade (at Puerto Berrio, 
Antioquia) at the time of the massacre, which resulted in the deaths of 
15 persons and the injury of 12 others.
    On April 21, detectives from the Prosecutor General's office 
captured fugitive retired Colonel Bernardo Ruiz Silva, former commander 
of the army's 20th Brigade (military intelligence). Ruiz was under 
investigation for allegedly organizing the November 1995 Bogota killing 
of Conservative Party opposition leader Alvaro Gomez Hurtado and his 
assistant. In May 1998, the army formally disbanded the 20th Brigade, 
which had an egregious human rights record, including the targeted 
killing of civilians. In an effort to ensure that the brigade's 
successor organization, the Army Military Intelligence Center (CIME), 
would not commit human rights abuses, the army prohibited it from 
directly undertaking armed operations. In May 1997, the Prosecutor 
General's office had detained retired army warrant officers Omar Berrio 
Loaiza and Franklin Gaona Ovalle, as well as army intelligence agents 
Henry Berrio Loaiza and Carlos Gaona Ovalle; they later were indicted 
for the killing of Gomez Hurtado. A trial of civilian killers Hector 
Paul Florez Martinez, Manuel Mariano Montero Perez, Gustavo Adolfo 
Jaramillo Giraldo, and Hermes Ortiz Duran was underway at year's end.
    The Superior Military Tribunal confirmed a first-instance military 
court's September 1998 exoneration of five policemen for the 1995 death 
of Italian tourist Giacomo Turra in a Cartagena police station. 
Although the policemen claimed that Turra had died of a drug and 
alcohol overdose, an autopsy by the National Institute of Forensic 
Medicine determined that he was beaten to death.
    The human rights unit of the Prosecutor General's office formally 
indicted marine Colonel Jose Ancizar Molano Padilla, then-commander of 
the 2nd Marine Infantry Battalion, as well as marine Corporals Javier 
Fernando Guerra, Eduardo Aristides Alvarez, and Jose Milton Caicedo for 
the 1995 social cleansing killings of two alleged thieves, Sifredy and 
Freddy Arboleda. All of the accused had been arrested in June 1998. A 
disciplinary investigation by the Attorney General was underway at 
year's end.
    On November 29, the military judiciary ceased all proceedings 
against the 2 army majors implicated in the investigation of the April 
1991 massacre by the army of 15 bus passengers and 2 passersby at Los 
Uvos. An appeal of this decision was pending at year's end. In July 
1998, an anonymous regional court had sentenced three civilians to 30-
year prison terms and fined an army corporal and two civilian 
informants for their roles in the massacre.
    On April 14, the National Tribunal confirmed an anonymous civil 
court judge's March 1998 conviction and sentencing to 18 years' 
imprisonment of 1 police officer and 4 army officers for their roles in 
the November 1988 Segovia massacre, in which over 100 persons were 
killed or wounded. In September military proceedings against these and 
various other army and police officers were dropped due to lack of 
evidence. The appeals of Lieutenant Colonel Alejandro Londono Tamayo 
and Lieutenant Colonel Marco Baez Garzon, on charges relating to the 
November 1988 Segovia massacre, still were pending in civilian court at 
year's end. Londono remained in detention, but was still on active 
duty, although he has been deprived of command responsibilities. Baez 
Garzon also was deprived of command responsibility, and was in military 
custody in Bogota at year's end.
    On April 12, the Prosecutor General's office placed retired army 
Lieutenant Colonel Jose Vincente Perez Berrocal under preventive 
detention to await trial for the 1987 killing of a former Liberal Party 
mayor of Sabana de Torres. At the time of the killing, Perez Berrocal 
was serving as commander of the 5th Brigade's Ricuarte Battalion.
    Credible allegations of cooperation with paramilitary groups, 
including instances of both silent support and direct collaboration by 
members of the armed forces, in particular the army, continued. 
Evidence suggests that there were tacit arrangements between local 
military commanders and paramilitary groups in some regions, and 
paramilitary forces operated freely in some areas that were under 
military control or despite a significant military presence. In some 
instances, individual members of the security forces actively 
collaborated with members of paramilitary groups--passing them through 
roadblocks, sharing intelligence, and providing them with ammunition.
    On February 14, an unidentified assailant shot and killed army 
Lieutenant Colonel Luis Felipe Becerra Bohorquez while he dined in a 
restaurant in Cali. In October 1998, a military court had sentenced 
Becerra to 12 months' imprisonment for covering up the October 1993 Rio 
Frio massacre. In May 1998, the Attorney General's office had ordered 
the army to separate Becerra from service, but later reduced the 
punishment to issuance of a severe reprimand, because complicity in a 
massacre had not yet been codified as a crime at the time of the 
massacre. Becerra had remained a fugitive until his death.
    There was no progress in the investigation of the September 1998 
killing of congressman Jorge Humberto Gonzalez in Medellin.
    The military high command, under the leadership of Defense Minister 
Ramirez and General Fernando Tapias, stated repeatedly that it would 
not tolerate collaboration between military personnel and paramilitary 
groups, and that the army would combat paramilitary groups; however, 
security force actions in the field were not always consistent with the 
leadership's positions, and at least one senior army leader suggested 
that the police should lead the fight against paramilitary groups. In 
general, impunity for military personnel who collaborated with members 
of paramilitary groups was common.
    However, on April 9, President Pastrana formally retired from 
service Brigadier Generals Fernando Millan Perez and Rito Alejo del 
Rio; both had links to paramilitary groups. The Government stated only 
that it ``was no longer convenient'' for them to continue their 
military service. The military judiciary announced no new developments 
during the year in its ongoing investigation of General Millan 
regarding allegations that he armed and equipped a paramilitary group 
in Lebrija, Santander department, in 1997. The group was believed 
responsible for at least 11 killings. In October 1998, the Superior 
Judicial Council had determined that Millan's alleged actions 
constituted an act of service and turned the case over to the military 
judiciary for prosecution, effectively cutting off the prosecutor's 
investigation. Millan had denied the charges. In June the Attorney 
General's office opened a disciplinary investigation of Millan.
    General Del Rio, former commander of the 13th Brigade, remained 
under investigation in August by the human rights unit of the 
Prosecutor General's office for allegedly establishing illegal 
paramilitary groups in Medellin in 1987, and in Uraba in 1996.
    In May detectives of the Prosecutor General's office arrested at 
the officers' club in Pereira retired army Colonel Jose Ancizar 
Hincapie Betancurt for collaboration in 1993-94 with a paramilitary 
group that killed 10 persons. In December 1997, the military judiciary 
assigned the cases of Hincapie, 1 other army officer, and 12 others to 
the civilian judiciary for processing.
    According to a Human Rights Watch report released in December, 
government investigators detailed direct collaboration between the 
Medellin-based 4th Brigade and paramilitary forces commanded by Carlos 
Castano. Repeatedly, paramilitary groups killed those suspected of 
supporting guerrillas, then delivered the corpses to the army. In a 
process known as ``legalization,'' the army then claimed the dead as 
guerrillas killed in combat, while members of the paramilitary groups 
received their pay in army weapons.
    On April 9, the Attorney General suspended Brigadier General Jaime 
Uscategui from his post for 90 days in connection with the July 1997 
AUC paramilitary massacre of dozens of persons at Mapiripan, Meta 
department. On May 20, the Prosecutor General's office ordered the 
arrest of Uscategui, who presented himself to an army school, where he 
was held while awaiting trial on civilian charges of multiple 
aggravated homicide by omission, aggravated kidnaping by omission, and 
falsification of a public document. Also in May, Uscategui submitted 
his resignation letter, effective in January 2000, which was accepted 
by President Pastrana in August. On August 10, the Superior Judicial 
Council sent the criminal case against Brigadier General Jaime 
Uscategui for dereliction of duty and falsification of public documents 
to the military judiciary. The CSJ found that the charges were related 
directly to acts of service, and that the alleged crimes could have 
been committed only by a public servant. In November Uscategui was 
released after 180 days in detention because military prosecutors had 
yet to complete prosecution; the investigation continued at year's end. 
Also in November, the Attorney General ordered Uscategui removed from 
service for dereliction of duty in the October 1997 judicial convoy 
massacre in San Juan de Arama, Meta, thereby nullifying his 
resignation.
    The CSJ also sent charges regarding the 1997 Mapiripan massacre 
against Lieutenant Colonel Hernan Orozco (who had testified against 
Uscategui in a civilian court) to the military judiciary. However, the 
CSJ sent the cases against Lieutenant Colonel Lino Sanchez and 
Sergeants Miller Uruena Diaz and Juan Carlos Gamarra Polo to the 
civilian judiciary, on grounds that they facilitated the massacre, 
which was determined not to be an act of service. On November 16, the 
Prosecutor General's human rights unit formally indicted Lieutenant 
Colonel Sanchez on charges of terrorism, aggravated homicide, 
organization of paramilitary groups, and dereliction of duty. In a 
September 1997 interview in El Tiempo newspaper, AUC paramilitary 
leader Carlos Castano admitted responsibility for the Mapiripan 
massacre. In June 1998, the National Police arrested suspected Meta 
department paramilitary leader Rene Cardenas Galeano for his part in 
organizing the attack. A specialized jurisdiction court trial of 
Galeano was underway at year's end. Sanchez, Gamarra, and Urena 
remained in military detention at year's end. The two private pilots 
arrested in 1998 remained in civilian detention at year's end, as did 
two paramilitary members. The Prosecutor General's investigation 
continued; and at year's end, a total nine military, paramilitary, and 
civilian alleged participants in the Mapiripan massacre were in 
detention pending trial.
    On August 12, the Attorney General's office, which can impose only 
administrative sanctions to state agents, formally accused five 
officers and three noncommissioned officers of possible complicity or 
participation in the July 1997 Mapiripan massacre. Those accused are: 
army officers Brigadier General Jaime Uscategui, Lieutenant Colonel 
Carlos Eduardo Avila Beltran, Lieutenant Colonel Lino Sanchez Prada, 
and Major Arbey Garcia Narvaez; National Police Captain Juan Carlos 
Lopez Pavon; army Sergeants Miller Uruena Diaz and Juan Carlos Gamarra 
Polo; and army Corporal Leonardo Montoya Rubiano. The Attorney 
General's office also formally accused five local Mapiripan civilian 
officials, including then-mayor Jaime Calderon Moreno, ofcomplicity in 
the massacre. No arrests were made for a similar paramilitary incursion 
into Miraflores, Guaviare, on October 18-20, 1997, which left at least 
five persons dead.
    The human rights unit of the Prosecutor General's office issued an 
arrest warrant for former army Captain Ciro Alfonso Vargas Lancheros 
for his alleged role in the April 1996 paramilitary murder of three men 
in Ciudad Bolivar, Medellin. Vargas was still at large at year's end.
    On June 18, the Attorney General's office severely reprimanded army 
First Sergeant Justo Gil Zuniga Labrador and Vice First Sergeant 
Hernando Medina Camacho, then members of the army's 20th Brigade, for 
the July 1994 killing of Senator Manuel Cepeda Vargas, leader of the 
Patriotic Union (UP) party. On November 15, the army announced that it 
had discharged both men from service. In testimony before the Senate, 
the Attorney General stated that the Senator had been killed as the 
result of a joint operation between some senior army officers and 
members of paramilitary groups; the sergeants had received orders to 
trail and then kill Cepeda from Brigadier General Rodolfo Herrera Luna, 
the then-commander of the army's 9th Brigade, who died in 1997. Herrera 
had planned the killing in conjunction with paramilitary leaders Carlos 
and Fidel Castano. On December 20, a Bogota specialized jurisdiction 
court sentenced former army Sergeants Zuniga and Medina to 43 years' 
imprisonment each for their roles in Cepeda's murder. Both were 
incarcerated at a military detention center at year's end. The court 
also dropped related charges against paramilitary leader Carlos Castano 
for lack of evidence.
    There was no progress in the complaint against retired General 
Yanine Diaz pending before the Inter-American Human Rights Commission 
(IACHR). Despite the Government's attempts to bring him to justice in 
the civilian court system, in June 1998, the appellate court of the 
military judicial system confirmed the June 1997 decision by then-
commanding general of the army General Manuel Jose Bonett to exonerate 
Yanine Diaz of all charges related to formation and activities of 
paramilitary groups in the Magdalena Medio region in the 1980's.
    There continued to be incidents of social cleansing--including 
attacks and killings--directed against individuals deemed socially 
undesirable, such as drug addicts, prostitutes, transvestites, 
homosexuals, beggars, and street children. According to the National 
Institute for Forensic Medicine, 279 such killings occurred during the 
first 6 months of the year. The Institute did not attempt to identify 
the perpetrators. CINEP reported 182 social cleansing killings during 
the first 9 months of the year. It attributed 10 to the ELN, 20 to the 
FARC, and 147 to social cleansing groups, some of which reportedly 
often were composed of active or former security force members. The 
national human rights Ombudsman attributed five massacres to social 
cleansing groups during the first half of the year.
    The Bogota press reported that between March and August, at least 
22 prostitutes were murdered in Bogota. The human rights Ombudsman's 
office implicated Bogota police in what it characterized as possible 
social cleansing killings. However, the human rights unit of the 
Prosecutor General's office reported at year's end that in fact only 
three Bogota prostitutes were killed during that time period, in 
separate, isolated incidents. Its investigations were ongoing at year's 
end.
    In December a court convicted Luis Alfredo Garavito Cubillos of the 
killing of one boy and the attempted rape of another; Garavito had 
confessed to killing more than 190 children at year's end, including 
the killings of 25 children in Pereira which had previously been 
attributed to Pablo Ramirez Garcia.
    On November 11, a car bomb exploded in northern Bogota, killing 7 
passersby and wounding 42 others. The bombing came one day after the 
extradition of a narcotics trafficker to a foreign country for 
prosecution; press reports speculated that the bombing was an attempt 
by narcotics traffickers to pressure the Government into ceasing the 
extradition of citizens for prosecution abroad. A state investigation 
had reached no formal conclusions at year's end.
    Paramilitary groups committed numerous extrajudicial killings, 
primarily in areas where they competed with guerrilla forces for 
control, and often in the absence of a strong government security force 
presence. The frequency of paramilitary massacres continued to 
increase. Two major paramilitary campaigns during the year involved a 
series of orchestrated massacres (see Section 1.g.). The human rights 
Ombudsman, whochanged his statistical methodology in 1999, attributed 
153 massacres to paramilitary forces during the year, which claimed 889 
victims. In 1998 (the most recent year for which such data were 
available) the office received 1,221 complaints against members of 
paramilitary groups for homicide. CINEP reported that paramilitary 
groups were responsible for 814 extrajudicial killings during the 9 
months of the year, compared with 573 in all of 1998. The Vice 
President's office attributed 252 killings of civilians to paramilitary 
groups during the first 4 months of the year, while the Ministry of 
Defense attributed 743 such killings to paramilitary groups during the 
year.
    Between February 28 and March 1, approximately 20 members of a 
paramilitary group massacred 9 persons in Barrancabermeja, Santander 
department. When leaving the town, they reportedly passed unmolested 
through a roadblock maintained by the army's 45th Battalion. On March 
18, police arrested paramilitary leader Mario James Mejia (``El 
Panadero'') for killing a taxi driver; he then was charged in Bogota 
with leading the February 28-March 1 Barrancabermeja massacre and was 
still under investigation and in detention at year's end, along with 
fellow paramilitary Pedro Mateo Hurtado Moreno. Politically motivated 
killings and related unrest continued in Barrancabermeja at a very high 
rate throughout the year.
    On April 4, a group of men claiming to be from the ACCU 
paramilitary group entered San Jose de Apartado and killed Anibal 
Jiminez, a member of the local peace council, a 16-year-old youth, and 
another man; they wounded two other persons. In March 1997, the town 
had declared itself to be a ``community of peace''--a designation that 
declares all citizens of the town to be neutral and outside the 
conflict--and thus no security forces were present during the attack.
    Judicial authorities made progress in the May 16, 1998, 
Barrancabermeja massacre case, in which paramilitary forces killed 11 
persons and kidnaped and then killed 25 others. The human rights unit 
of the Prosecutor General's office ordered the arrest of Guillermo 
Cristancho Acosta (``Camilo'') and Alvaro Noriega (``Chamuco'') for the 
crime. On November 12, Cristancho's body was found. AUC paramilitary 
leader Carlos Castano ordered Cristancho's murder, reportedly after 
learning that Cristancho had been extorting money from local peasants 
and engaging in other common criminal activity. Cristancho Acosta 
publicly had admitted ordering the killings. At year's end, the 
authorities had not detained Noriega. Although still under criminal 
investigation for allegedly having participated directly in the 
massacre, army Corporal Rodrigo Perez Perez (of the army's Nuevo 
Granada battalion) was freed from detention for lack of evidence. 
However, in August the Attorney General's office administratively 
punished nine security force members and ordered the suspension of six 
National Police officers. In August the Attorney General ordered 
dishonorable discharges for three military officers and suspensions for 
five policemen for failing to halt the massacre.
    The human rights unit of the Prosecutor General's office opened 
formal investigations of ACCU paramilitary leader Carlos Castano and 6 
other AUC members for the May 1998 massacre of between 12 and 22 
persons at Puerto Alvira, Meta department. Castano publicly had 
declared Puerto Alvira a military objective in September 1997, and the 
AUC had accepted responsibility publicly for the killings.
    On August 19, the new specialized jurisdiction of the civilian 
judiciary (see Section 1.e.) convicted and sentenced to 10 and 19 
years' imprisonment respectively Nancy Lozano Rodriguez and Jose Edgar 
Tellez for intentionally having distracted the attention of police 
during the August 1989 killing of Liberal presidential candidate Luis 
Carlos Galan by Medellin drug cartel-financed paramilitary groups. It 
also ordered the investigation of former Congressman Alberto Santofimio 
Botero for complicity in the crime. Santofimio previously had been 
imprisoned for financing his 1994 Senate campaign with funds from the 
Medellin drug cartel. The judge's sentence also indicated that some 
police present on the occasion of Galan's murder had accepted bribes to 
facilitate the crime.
    During the year, a judge exonerated billionaire emerald magnate 
Victor Carranza of charges of paramilitarism; he had been arrested in 
February 1998 on charges of sponsoring the Eastern Plains paramilitary 
self-defense group. The Prosecutor General then detained the judge on a 
charge of ``corrupt practice'', and she was sentenced to 46 months' 
imprisonment. Carranza remained in prison due to his prior convictions 
for homicide and kidnaping. While an estimated 400 members of 
paramilitary groups were believed to be in jail at year's end, known 
paramilitary leaders largely remained beyond the reach of thelaw. At 
the end of the year, the army reported that it had killed 26 members of 
paramilitary groups and captured 102 during the year.
    Paramilitary forces killed members of indigenous groups (see 
Section 5).
    As of August, the Prosecutor General's office was investigating and 
had issued arrest warrants for Carlos Castano, Juan Carlos Gonzalez 
Jaramillo (``El Colorado''), and others for the February 1998 murder of 
Jesus Maria Valle, president of the Antioquia Permanent Committee for 
the Defense of Human Rights, in his Medellin office. Castano was 
indicted in September 1998 for the killing.
    As of August, the Prosecutor General's human rights unit had 
detained and indicted eight persons associated with the AUC 
paramilitary group for the May 1997 murders of two CINEP workers, Mario 
Calderon and Elsa Alvarado, as well as Alvarado's father. The unit also 
finished its investigations of Carlos Castano and four other 
paramilitary leaders, issued warrants for their arrest, and summoned 
them to trial. However, Castano remained at large. Medellin narcotics 
trafficker Gustavo Adolfo Upegui Lopez, suspected by many of having 
been the intellectual author of the crime, remained under arrest for a 
separate case.
    On April 12, the Prosecutor General's Technical Corps of 
Investigators (CTI) captured paramilitary leader Reynel Gomez Correa in 
connection with the September 1994 ``Trujillo II'' massacre in Valle 
department. On April 23, the human rights unit of the Prosecutor 
General's office also issued an arrest warrant for paramilitary member 
Norberto Morales Ledesma in connection with the case.
    On August 13, unidentified gunmen killed renowned journalist, 
political comedian, and peace and human rights activist Jaime Garzon in 
Bogota. On August 5, police in Bogota arrested four hired killers from 
Medellin for allegedly plotting to murder Garzon. An investigation 
continued at year's end. More than 85,000 persons attended his funeral, 
protesting his murder and the prevailing violence in the country.
    On September 15, unknown assailants killed National University 
professor and former government peace negotiator Jesus Bejarano as he 
was walking to class. Police announced a joint investigation with the 
Prosecutor General's office, but no new developments had been announced 
by year's end.
    There were no new developments in the case of the May 1998 killing 
of former Defense Minister General Fernando Landazabal Reyes near his 
Bogota home.
    The police determined that the 1998 death of Betty Camacho, a 
former member of Congress, was a common crime.
    The guerrillas of the FARC, the ELN, and the People's Liberation 
Army (EPL) continued to commit extrajudicial killings, often targeting 
noncombatants in a manner similar to that of paramilitary groups. 
According to CINEP, guerrillas committed 269 killings outside of combat 
during the first 9 months of the year, while the Ministry of Defense 
attributed 908 killings to guerrillas during the year. The human rights 
Ombudsman attributed 22 massacres to the FARC during the first 6 months 
of the year and 6 to the ELN. The Ombudsman also attributed 215 
killings to the FARC, and 41 to the ELN. Local elected officials or 
candidates for public office, teachers, civic leaders, business owners, 
and peasants opposed to their political or military activities were 
common targets. The Federation of Colombian Municipalities reported 
that guerrillas killed at least 10 mayors during the year, including 1 
who had fled the demilitarized zone. Guerrillas were also the principal 
suspects in at least five other mayoral murders. Police and military 
personnel were targeted for killings (see Section 1.g.). Guerrilla 
groups also killed members of indigenous groups (see Section 5), labor 
leaders (see Section 6.b.), and religious leaders (see Section 2.c.). 
Some communities controlled by guerrillas also experienced social 
cleansing killings of criminal or other ``undesirable'' elements.
    On February 25, the FARC's eastern bloc, commanded by German 
Briceno Suarez (``Grannobles''), kidnaped American citizen indigenous 
activists Terence Freitas, Lahe'ena'e Gay, and Ingrid Washinawatok near 
Saravena, Arauca department. The three had been working with the 
indigenous U'wa tribe at the tribe's invitation. Briceno Suarez ordered 
their killings; the three were shot, and their bodies were found in 
Venezuela. On July 20, the Prosecutor General's office ordered the 
arrest of Briceno Suarez; army efforts to apprehend him and other 
FARCmembers accused of the crime had not been successful at year's end. 
On December 20, the human rights unit of the Prosecutor General's 
office formally indicted Briceno Suarez and U'wa tribe member Gustavo 
Bocota for the crimes; Bocota also remained at large at year's end. In 
May the FARC announced that its members involved in the killings, whom 
it did not name, would be ``punished'' by having to learn to read and 
write and work on road construction projects. While there were press 
reports in September that two of the FARC perpetrators were killed 
during an army offensive, there was no evidence to substantiate this 
claim. The Prosecutor General repeatedly complained publicly that 
elements of the FARC were impeding the investigation by intimidating 
witnesses. The suspects remained at large at year's end.
    According to the human rights Ombudsman's office, in mid-May the 
Teofilo Forero column of the FARC killed 11 civilians suspected of 
paramilitary collaboration at Vereda Perlas Altas, Puerto Rico, Caqueta 
department (just outside the despeje zone). The Government protested, 
and on August 25, the human rights unit of the Prosecutor General's 
office opened investigations of the FARC's Teofilo Forero column as 
well as of FARC demilitarized zone security commander Pedro Nel Daza 
Narvaez, also known as ``Jairo.''
    Fourteen members of the Prosecutor General's Technical Corps of 
Investigators (CTI) were killed during the year in various parts of the 
country. On January 7, the human rights unit of the Prosecutor 
General's office issued an arrest warrant for Wilson Eusebio Garcia 
Ramirez, commander of the ELN's ``Carlos Alirio Buitrago'' front, for 
the September 1998 murders of CTI members Edilbrando Roa Lopez and John 
Morales Patino at Mesopotania, Antioquia. The two had been 
investigating a 1998 massacre of nine persons at the nearby town of 
Sonson.
    On July 30, the Prosecutor General's human rights unit indicted 
``Arley Leal,'' commander of the FARC's 32nd Front, for the September 
1998 killing of Catholic priest Alcides Jimenez Chicangana. Jimenez was 
shot 18 times as he gave a sermon in a Catholic Church hours after he 
led a public rally for peace. Charges against narcotics trafficker Luis 
Angel Canas, who was detained in 1998 for the crime, were dropped.
    In July the Prosecutor General's office indicted Nicolas Antonio 
Gomez Zapata for participation in the January 1994 ``La Chinita'' 
massacre, which resulted in the deaths of 35 persons. In September 
1998, the National Tribunal sentenced 30 members of the FARC to a total 
of 2,005 years' imprisonment for the massacre. Among those sentenced 
were former Apartado (Antioquia) mayor Nelson Campo Nunez and former 
Patriotic Union leaders Naun de Jesus Orrego Ossa and Maria Mercedes 
Usuga.
    Approximately 80 cases regarding Colombia were before the Inter-
American Commission on Human Rights at year's end. The great majority 
involved violations of the right to life. One case, the 1991 ``Las 
Palmeras'' massacre, was before the Inter-American Court of Human 
Rights at year's end.
    The IACHR did not forward to the Inter-American Court the Patriotic 
Union's 1996 complaint charging the Government with ``action or 
omission'' in what the UP termed ``political genocide'' against the UP 
and the Communist Party. The Government and the UP continued without 
success in their efforts to reach an amicable settlement under the 
auspices of the IACHR. In its October 1997 submission to the IACHR, the 
Reinsertion Foundation human rights organization charged that 13 
regional UP political leaders had been killed and 3 tortured during the 
first 9 months of that year. The Manuel Cepeda Vargas foundation 
claimed that killings of UP members continued throughout 1999.
    In December Spain complied with a government request and extradited 
Lubin de Jesus Morales Orozco, who was arrested in Madrid in June on 
unrelated charges, for the April 1998 killing of Eduardo Umana Mendoza, 
perhaps the country's best-known and most controversial human rights 
lawyer. Seven others remained in detention and were undergoing civilian 
judicial processing for the crime at year's end. The authorities also 
undertook a preliminary investigation of Joaquin Emilio Gomez Munera 
for allegedly having participated in the crime.
    There were no new developments in the investigation of paramilitary 
leader Gerardo Antonio Palacio for his role in the August 1995 massacre 
in Chigorodo, Antioquia.
    b. Disappearance.--``Forced disappearance,'' while explicitly 
prohibited by the 1991 Constitution, remained an act not explicitly 
outlawed under the Penal Code--although the law codifies kidnaping for 
extortion and ``simple kidnaping'' as crimes--and continued to be a 
problem. After supporting its passage, President Pastrana objected to 
specifics of legislation codifying forced disappearance as a crime in 
December and returned it to Congress for modification (see Section 
1.e.). More than 3,000 cases of forced disappearance have been reported 
formally to the authorities since 1977; very few have ever been 
resolved.
    The human rights Ombudsman's office reported receipt during 1998 of 
12 complaints against the army for forced disappearance, 6 against the 
National Police, and 399 against paramilitary forces. CINEP reported 
309 cases of forced disappearance during the first 9 months of the 
year, and attributed 112 of the cases to paramilitary groups and the 
rest to unidentified actors. The great majority of victims of forced 
disappearance were never seen or heard from again.
    The Superior Military Tribunal designated the commander of the air 
force as the special, first-instance judge in the case of retired army 
General Alvaro Velandia Hurtado, the former commander of the army's 
20th Brigade, who was accused of the 1987 forced disappearance, 
torture, and murder of M-19 member Nydia Erika Bautista. A military 
investigation was underway at year's end.
    The authorities suspended police Major Manuel de Jesus Lozada 
Plazas, the former deputy commander of the Government's elite 
antikidnaping squads known as the GAULA, from duty and placed him on 
half-pay following his arrest in March 1997. There were no reported 
results from his trial in a civilian court at year's end. There also 
have been no results reported in the investigation into cooperation 
between these squads and illegal paramilitary groups.
    Paramilitary groups were also responsible for kidnapings. The NGO 
Pais Libre attributed 103 kidnapings during the year to paramilitary 
groups. On May 21, AUC paramilitary forces kidnaped Liberal Senator 
Piedad Cordoba, a renowned human rights advocate, from a doctor's 
office in Medellin. She was released unharmed on June 4. AUC leader 
Carlos Castano personally claimed responsibility for the kidnaping in a 
telephone call to a national radio network, and on September 17, the 
human rights unit of the Prosecutor General's office formally 
implicated him in its investigation. According to Human Rights Watch, 
in February the ACCU paramilitary group briefly held seven agents of 
the CTI; it also threatened the investigators with death.
    Kidnaping was an unambiguous, standing policy and major source of 
revenue for both the FARC and ELN. Pais Libre reported that there were 
2,945 cases of kidnaping during the year, although 136 cases of 
soldiers and police captured by guerrillas in combat were included in 
these figures. This represented a substantial increase compared with a 
1998 total of 2,216 kidnapings. Pais Libre said that 1,985 cases were 
financially motivated, and 372 cases were politically motivated. It 
attributed 728 cases to the FARC, 695 to the ELN, 167 to the EPL, 55 to 
other, smaller guerrilla groups, 300 to common criminals, 6 to family 
members of the victim, and 891 to unidentified perpetrators. It 
attributed none to state security forces. According to Pais Libre, 
politicians, cattlemen, children, and businessmen were guerrillas' 
preferred victims. According to the antikidnaping ``czar'' (a 
government official), 121 kidnap victims were killed during the year, 
and 48 escaped their captors. 1,251 persons were freed after a ransom 
payment was made on their behalf. The kidnap victims included 189 
children. GAULA antikidnaping squad members and other units of the 
security forces freed 454 persons during the year. Arrests or 
prosecutions in any of these cases were rare.
    According to a July 14 report by the human rights Ombudsman's 
office, the FARC was responsible for the forced disappearance of 34 
residents of the despeje zone whom it suspected of collaborating with 
paramilitary groups.
    On May 30, the ELN kidnaped more than 170 persons from the La Maria 
Catholic Church in southern Cali during Mass. The kidnapers ordered the 
parishioners to leave the church because of an alleged bomb threat, 
then put them onto trucks and drove them away. The ELN released 84 
persons, including some children and some elderly persons, immediately. 
Among the first 84 freed was a group of 20 children who were released 
into a minefield, with admonishments to ``be careful of the mines''; 
the army rescued them with no casualties. On June 15, the ELN freed 
afurther 33 kidnap victims but reneged on its promise to release the 
remainder by June 19. Instead, it demanded ransom from their families. 
All victims had been released by year's end, typically after a ransom 
was paid on their behalf.
    On April 12, the ELN hijacked a commercial airliner and kidnaped 
its 41 occupants. According to the antikidnaping czar, 15 persons 
remained in captivity at the end of the year. One, Carlos Gonzalez, 
died in captivity due to a lack of needed medications. On June 6, the 
ELN kidnaped nine recreational fishermen south of Barranquilla. Seven 
remained in captivity at year's end.
    Guerrillas continued to kidnap political leaders. The Federation of 
Colombian Municipalities reported that at least 50 mayors were kidnaped 
during the year, nearly all by guerrilla groups. In response to this 
situation, some rural mayors fled to major cities, where they continued 
to conduct municipal business via telephone and facsimile.
    Despite continued pressure by the Government on the FARC to account 
for three American missionaries kidnaped by FARC guerrillas in January 
1993, their whereabouts and condition remained unknown.
    The FARC, the ELN, and other guerrilla groups regularly kidnaped 
foreign citizens throughout the year; some were released after weeks or 
months of captivity, while others still were held at year's end.
    On July 30, the FARC hijacked an Avior private commercial aircraft 
in Venezuela, forcing it to land in eastern Colombia. Claiming 
opponents of Venezuelan President Hugo Chavez had hijacked the 
aircraft, the FARC announced on August 8 that it had ``found'' the 
missing aircraft and released its eight passengers at Saravena, Arauca 
department. The FARC also allowed two crew members to return the 
aircraft to Venezuela.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and criminal law explicitly prohibit 
torture, as well as cruel, inhuman, or degrading treatment or 
punishment; however, police and military torture and mistreatment of 
detainees continued. Of the 38 security force members sanctioned by the 
human rights delegate of the Attorney General's office during the year, 
11 were punished for torture committed in previous years. However, the 
Attorney General's office only can sanction administratively or refer 
to the Prosecutor General's office those it finds guilty. Reports of 
torture by the army declined; however, reports of torture by police and 
INPEC prison guards increased. Torture and abuse occurred in connection 
with illegal detentions in the context of counterinsurgency operations.
    The Attorney General's human rights delegate received 35 complaints 
of torture by state agents, including the police, the DAS, army, and 
prison officials, during the year; the office received 119 complaints 
of torture in 1998. CINEP deemed the army responsible for 4 cases of 
torture during the first 9 months of the year, the police for 10, and 
the INPEC prison guards for 35. In the same period in 1998, CINEP 
deemed the army responsible for eight reported torture cases and the 
police for none. The Superior Military Tribunal reported convicting one 
member of the National Police for torture during the year. It convicted 
no members of the military of torture. The National Institute of 
Forensic Medicine reported during the year that the bodies of 318 of 
22,957 homicide victims showed signs of torture. The Ministry of 
Defense reported receiving 40 complaints of human rights abuses as of 
August.
    The reformed Military Penal Code codifies torture as a crime and 
directs that cases of torture committed by security force members be 
tried in the civilian judiciary, on the grounds that torture could 
never be related to acts of service (see Section 1.e.). At year's end, 
the Prosecutor General's human rights office was investigating nine 
members of the marine corps for torturing five fellow marines, who 
reportedly claimed that they had lost their assault rifles, in December 
1995. Determining that the alleged actions of Colonel Jose Ancizar 
Molano (then-commander of the 2nd Marine Infantry Battalion) and eight 
of his subordinates (all of whom were in detention) were in no way 
related to acts of service, the military judiciary turned the case over 
to the civilian judiciary for investigation and prosecution. Molano and 
one of his subordinates were also under investigation for May 1995 
social cleansing murders (see Section 1.a.).
    On July 23, the Venezuelan Ambassador to Colombia alleged that the 
3rd Army Special Forces Battalion tortured and inflicted other cruel, 
inhuman, and degrading punishment against four Venezuelan citizens, 
following their May 26 capture. The four were charged with trafficking 
arms for the FARC, and were detained at year's end. The Venezuelan 
Government also asked for an investigation in relation to five other 
persons who were with these four men at the time of their capture. The 
bodies of two of these five subsequently were found in a river; the 
other three allegedly disappeared following the operation.
    CINEP attributed 51 of the 115 cases of torture that it reported 
during the first 9 months of the year to paramilitary groups. 
Paramilitary groups increasingly made use of threats both to intimidate 
opponents and to raise money. Letters demanding payment of a war tax 
and a threat to mark victims as a military target if they failed to pay 
were typical. The NGO reported that nearly half were public school 
teachers, and that approximately half of all threat recipients were 
residents of Antioquia department.
    Guerrilla groups also tortured and abused persons. The bodies of 
many persons detained and subsequently killed by guerrillas showed 
signs of torture and disfigurement. For example, on April 8, FARC 
members killed First Corporal Luis Felipe Benavides Pascuasa with a 
machete and killed volunteer soldier Fernando Antonio Vergara Ceballos 
by burning his face with acid and emasculating him; both soldiers had 
surrendered to the FARC. CINEP reported four cases of torture by the 
FARC and one by the Popular Revolutionary Army (ERP), a small guerrilla 
movement, during the first 9 months of the year. CINEP reported that 
guerrillas also made use of threats, both to intimidate opponents and 
to raise money, and--like the paramilitary groups--sent letters 
demanding payments of a war tax, along with threats to make persons 
military targets. Guerrillas were the principal suspects in death 
threats against more than 100 mayors between January and August.
    On November 9, a shrapnel bomb was detonated remotely in 
southwestern Bogota, near the Prosecutor General's office. Eight 
persons were wounded, including Efrain Romero, a senior investigator at 
the Prosecutor General's office, at whose car the device apparently was 
targeted.
    Prison conditions are generally harsh, especially for those 
prisoners without significant outside support. Severe overcrowding and 
dangerous sanitary and health conditions remained serious problems. In 
December 1997, a visiting IACHR mission declared that the living 
conditions in Bogota's La Picota prison constituted ``cruel, inhuman, 
and degrading treatment of the inmates,'' and these problems continue. 
Guards and prison staff frequently are untrained or corrupt. Prison 
guards from the National Prison Institute (INPEC) report to the 
Ministry of Justice. According to the Committee for Solidarity with 
Political Prisoners, a majority of prisoners' food was provided by 
outside, private sources. INPEC reported that the daily food allowance 
for each prisoner was $1.44 (2,700 pesos). According to INPEC, the 
country's prisons and jails held 45,064 inmates at year's end, 37 
percent more than their planned capacity of 32,939. Additionally, 
National Police jail cells held approximately 4,200 inmates who could 
not be accommodated in prisons due to overcrowding. In a number of the 
largest prisons, overcrowding was severe. Medellin's Bellavista prison, 
the country's largest, was built to house 1,700 inmates; in August it 
housed 6,033 inmates. Bogota's La Modelo prison and the Palmira prison 
outside Cali each held more than 155 percent of their designed 
capacity.
    In February the Justice Ministry announced plans to build 40 new 
prisons to house 20,000 persons over the next 4 years; however, by 
year's end, Congress had not passed legislation that would have 
provided some of the necessary funds. Only 8,000 prisoner 
accommodations met international standards. No new prisons have been 
constructed in the past 30 years; 17.8 percent of the country's prisons 
were between 40 and 80 years old; 3.5 percent were between 80 and 201 
years old; and 2.4 percent were more than 201 years old. On June 17, 
President Pastrana issued a decree transferring the responsibility for 
prison infrastructure to the Ministry of Justice; INPEC retained 
responsibility for prisoner rehabilitation and security.
    Forty-two percent of all prison inmates are pretrial detainees. The 
remaining 58 percent are split roughly between those appealing their 
convictions and those who have exhausted their appeals and are serving 
out their terms.
    There are separate prison facilities for women, and in some parts 
of the country, separate women's prisons exist. Women arenot held with 
men. Conditions at women's prisons are similar to those at men's 
prisons, but are far less violent. In March 44 female prison guards at 
Bogota's Buen Pastor prison for women protested, refusing to allow 
First Lady Nohra Pullana de Pastrana to visit the prison. The guards 
were protesting a judicial order allowing women's prison cell doors to 
remain open at night. According to the Criminal Procedures Code, no one 
under the age of 18 may be held in a prison. Juveniles are held in 
separate facilities operated by the Colombian Institute for Family 
Welfare (ICBF).
    On March 12, prison conditions and the lack of action by the 
Congress on proposed prison, judicial procedure, and penal code reforms 
prompted the start of a nationwide civil disobedience campaign by 
prisoners who physically prevented the entry of more prisoners into 
their cells. On March 16, family members of prisoners also staged sit-
ins at six prisons around the country. In August inmates at La Picota 
prison protested prison conditions by detaining 198 women and 101 
children, all visiting family members, for 4 days. At year's end, 
prisoners' representatives and the Government were engaged in talks 
that centered on prison conditions, judicial reform and relevant 
pending legislation, and maximum prison sentences. On May 5, prisoners 
at the Picalena facility in Ibague rioted when prison officials tried 
to initiate operations of ``restoration of control,'' sweeping the 
prison for weapons, drugs, and other prohibited items. Prisoners 
attacked guards with sticks and firearms and exploded a grenade that 
injured two guards. Prison violence was common: According to INPEC, 199 
inmates were killed in prison during the year, including 32 in La 
Picota prison. Instances of abuse by and corruption among prison staff, 
as well as ongoing criminal activities by inmates, were common. INPEC 
estimated that 363 prisoners escaped during the first 8 months of the 
year. The authorities recaptured 47 escapees during the first half of 
the year.
    The FARC launched several attacks against prisons holding guerrilla 
prisoners, facilitating numerous escapes, including from La Rivera 
prison on May 17, and from the prison at Palmira, Valle, on June 29. On 
May 5, Wilson Pena Mage, deputy commander of the FARC's 14th Front, 
escaped from the prison in Florencia, where he was being held on 
charges of kidnaping a judge and of rebellion. On October 25, the 
superintendent of La Modelo prison was fired after a television report 
showed FARC prisoners staging a military parade in the exercise yard.
    There are no separate facilities for pretrial detainees and 
convicted prisoners. However, key narcotics traffickers and some 
guerrilla leaders get special cells with many comforts, some of which--
such as access to two-way radios, cellular telephones, and computers--
allowed them to continue their illegal activities from inside jail. 
Local or regional military and jail commanders did not always prepare 
mandatory detention registers or follow notification procedures; as a 
result, precise accounting for every detainee was not always possible.
    The International Committee of the Red Cross (ICRC) continued to 
have routine access to most prisons and police and military detention 
centers. In April the Government ordered the departure of the ICRC's 
chief delegate. ICRC operations were not affected.
    The ICRC obtained more frequent access, although still on an ad hoc 
basis, to prisoners held by paramilitary groups and guerrilla forces.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
includes several provisions designed to prevent illegal detention; 
however, there continued to be instances in which the authorities 
arrested or detained citizens arbitrarily.
    The law prohibits incommunicado detention. Anyone held in 
preventive detention must be brought before a prosecutor within 36 
hours to determine the legality of the detention. The prosecutor must 
then act upon that petition within 36 hours of its submission. Despite 
these legal protections, instances of arbitrary detention continued.
    Conditional pretrial release is available under certain 
circumstances; for example, in connection with minor offenses or after 
unduly lengthy amounts of time in preventive detention. It is not 
available in cases of serious crimes, such as homicide or terrorism.
    Guerrilla groups captured and held prisoner members of the army and 
police and called for passage of a prisoner exchange law.On January 11, 
in a radio interview, Jorge Briceno, the FARC's second-in-command, 
threatened to kidnap politicians until a prisoner exchange law was 
approved. Guerrillas, particularly the FARC, pressed the Government and 
Congress to adopt a permanent prisoner exchange law. Initiating regular 
prisoner exchanges was a top guerrilla priority during the year, and 
featured prominently in the FARC's negotiating points at the peace 
talks (see Section 1.g.). However, neither the Congress nor the 
Government attempted to pass such legislation, and there was minimal 
popular support for it. According to the Ministry of Defense, as of 
August, the FARC and the ELN held 259 police and 225 army personnel 
captive. During the year, guerrillas captured 235 members of the army, 
94 members of the police, and 1 member of the navy.
    The Constitution prohibits exile, and forced exile is not practiced 
formally. However, there were repeated instances of individuals 
pressured into self-exile for their personal safety. Such cases 
included persons from all walks of life, including politicians, human 
rights workers, slum-dwellers, business executives, farmers, and 
others. The threats came from various quarters: some individual members 
of the security forces, paramilitary groups, guerrilla groups, 
narcotics traffickers, other criminal elements, or combinations of the 
above.
    e. Denial of Fair Public Trial.--The civilian judicial system, 
reorganized under the 1991 Constitution, is independent of the 
executive and legislative branches, both in theory and in practice; 
however, the suborning or intimidation of judges, witnesses, and 
prosecutors by those indicted or involved is common. The human rights 
Ombudsman's office reported receipt of 1,353 complaints of denial of 
the right to due legal process during 1998, the most recent year for 
which statistics were available.
    The judiciary includes the Constitutional Court, Supreme Court of 
Justice, the Council of State, the Superior Judicial Council, and lower 
courts. The Prosecutor General's office is an independent prosecutorial 
body that brings criminal cases before the courts. On June 30, the 
National Tribunal, which had served as the first appellate court for 
the regional (anonymous) courts, was replaced by a new chamber, the 
specialized jurisdiction. The Supreme Court of Justice serves as the 
appellate court for decisions by the new chamber and lower appellate 
courts, and is also the court in which elected officials, full generals 
and admirals, diplomats, and judges are tried. The Council of State is 
the appellate court for civil cases. The Constitutional Court is to 
adjudicate cases of constitutionality and reviews all decisions 
regarding motions for cessation of judicial processes. The CSJ is the 
administrative arm of the judicial branch and also has the 
responsibility of determining whether individual cases involving 
members of the security forces are to be tried in civilian or military 
courts. Jurisdictional clashes among the Constitutional Court, Supreme 
Court of Justice, the Council of State, and the Superior Judicial 
Council were common, due to the lack of a single supreme judicial 
authority capable of deciding issues of competence or constitutional 
interpretation.
    On June 30, the regional court system was dismantled formally and 
replaced with a new specialized jurisdiction for a period of 8 years 
(with performance to be reviewed by the Congress after 4 years). On 
July 1, the new system came into effect with a mandate to try certain 
crimes that have the potential to impede severely normal judicial 
functioning; including crimes of kidnaping, hijacking, paramilitarism, 
narcotics trafficking, money laundering, and human rights abuses. 
However, in a concession to the FARC, the Government removed rebellion, 
the criminal charge on which most guerrillas are tried, from the list 
of crimes to be tried by the specialized jurisdiction.
    The specialized jurisdiction affords the protection of anonymity to 
prosecutors (during the preliminary and investigative stages of a case) 
and witnesses, conditioned upon the concurrence of the Prosecutor 
General. Some judges, who lost the protection of anonymity under the 
new system, resigned. As was the case in the regional (anonymous) 
courts, specialized jurisdiction prosecutors are permitted 12 months to 
investigate and develop cases, rather than the 6 months afforded to 
regular civilian judiciary prosecutors.
    Congress included in the legislation creating the specialized 
jurisdiction two articles that state that under no circumstance are the 
reports of the agencies with judicial police powers--including the DAS, 
the investigative unit of the Prosecutor General's office, and the 
judicial police element of theNational Police--or information provided 
by confidential informants to be used as evidence in the new courts.
    As part of the Ministry of Defense, the military judiciary falls 
under the executive branch, rather than under the judicial branch. The 
armed forces commander is also the president of the military judiciary, 
which has no dedicated corps of military lawyers. The Military Penal 
Code predates the 1991 Constitution and does not contemplate some 
contemporary crimes. The workings of the military judiciary lack 
transparency and accountability, contributing to a generalized lack of 
confidence in the system's ability to bring human rights abusers to 
justice.
    On June 17, the Congress passed a revised Military Penal Code, 
which President Pastrana signed into law on August 12. However, the 
Constitution provides that any judicial reforms, including reforms of 
the military judiciary, require implementing legislation to take 
effect. In addition, one clause of the new law stipulates that it would 
take effect no earlier than August 2000, to permit creation of an 
independent corps of military lawyers and other required bureaucratic 
structures. Among the provisions of the new code are that unit 
commanders no longer may judge their subordinates; that an independent 
judge advocate general corps is to be created; and that troops are to 
be protected legally if they refuse to carry out illegal orders to 
commit human rights abuses. In addition, the civilian judiciary is 
granted the right to be present at military trials of military 
personnel. According to the Vice President's office, in December the 
Government presented Congress with draft implementing legislation for 
the new code.
    The reformed code directs that torture, forced disappearance, 
genocide, and crimes against humanity, as codified in international 
conventions to which the country is a signatory, be tried by the 
civilian judiciary. However, according to the Vice President's office, 
forced disappearance is not codified in any convention to which the 
country is a party, so it still could not be prosecuted. On December 
15, the Congress passed a reformed civilian penal code bill during the 
year, but in late December, President Pastrana returned the bill to 
Congress for modifications. The bill codified torture, forced 
disappearance, forced displacement, and genocide as crimes, but had not 
been signed into law by the President at year's end. Therefore, neither 
genocide nor forced disappearance were codified as crimes in the 
civilian Penal Code at year's end, and thus could not be prosecuted as 
such in civilian courts. However, similar crimes such as kidnaping, 
murder, and mass murder are codified in the civilian code.
    A 1997 Constitutional Court decision directed the military judicial 
system to relinquish to the civilian judiciary the investigation and 
prosecution of grave human rights violations and other alleged crimes 
not directly related to acts of service--the 1991 constitutional 
standard for determining whether a case should be tried by the military 
or civilian judiciary. The military judiciary demonstrated an increased 
willingness during the year to turn cases of military officers, 
generally of lower rank, accused of human rights violations or criminal 
activities over to the civilian judiciary. The military also sent the 
cases of three colonels to the civilian judiciary--the first time cases 
concerning officers of that rank have been transferred to the civilian 
judiciary. However, CSJ rulings indicated that it did not always 
consider itself bound by the Constitutional Court's 1997 directive when 
determining whether cases involving security force personnel belonged 
in the military or civilian judiciaries.
    The CSJ assigned most cases involving high-level military personnel 
to the military courts, where convictions in human rights-related cases 
were the rare exception. According to the 1991 Constitution, general-
rank officers are to be tried by the Supreme Court, but that provision 
was ignored in practice. No definitive court ruling has resolved 
various judicial interpretations of the provision; however, a majority 
of decisions seem to suggest that this provision applies only to full 
generals. In determining which alleged crimes were to be tried by 
military tribunals, the CSJ also regularly employed an extremely broad 
definition of acts of service, thus ensuring that uniformed defendants 
of any rank, particularly the most senior, were tried in military 
tribunals.
    In October 1998, the CSJ determined that Brigadier General Fernando 
Millan Perez's alleged organization of a paramilitary group constituted 
an act of service and therefore turned General Millan's case over to 
the military judiciary for prosecution (see Section 1.a.). In reaching 
its decision, the CSJ determined that it was not bound by the 
Constitutional Court's narrow 1997 interpretation of the 1991 
constitutional standardof relation to acts of service. The CSJ's 
decision effectively ended the Prosecutor General's investigation into 
whether General Millan had provided weapons and intelligence to 
paramilitary groups in Santander department.
    In cases in which military officers were tried, convicted, and 
sentenced for human rights violations, they generally did not serve 
prison terms, but were confined to their bases or military police 
detention centers, as permitted by law. Military prisoners remain on 
active duty (and reduced pay) while in detention, but are relieved from 
command responsibilities. Some perform administrative functions while 
in detention. On August 3, Prosecutor General Alfonso Gomez Mendez 
publicly asked military forces commander General Fernando Tapias to 
explain how five military detainees, all charged with gross human 
rights violations, escaped their military captors at different moments 
during the year. On July 23, army Lieutenant Alberto Acosta Tarazona, 
who was sentenced in November 1997 to 58 years in prison for the 
torture and killing of 2 police detectives and their informant after 
they sought to arrest a regional paramilitary leader, walked away from 
the base where he was being held through its front gate. He remained at 
large at year's end.
    Judges have long been subject to threats and intimidation, 
particularly when dealing with cases involving members of the armed 
forces or of paramilitary, narcotics, and guerrilla organizations. The 
number of instances of violent attacks against prosecutors and judges 
declined in recent years; however, prosecutors, judges, and defense 
attorneys continued to be subjected to threats and acts of violence. 
Several faceless judges were kidnaped during the year; none was killed. 
One faceless prosecutor was killed during the year, and the FARC was 
responsible for the forced disappearance of a regular civilian judge in 
Cartagena del Chaira after she sentenced one of its leaders to prison. 
Moreover, prosecutors reported that potential witnesses in major cases 
often lacked faith in the Government's ability to protect their 
anonymity and were thus unwilling to testify, ruining chances for 
successful prosecutions. These concerns led in 1984 to the creation of 
a regional or public order jurisdiction to prosecute cases involving 
the crimes of narcotics trafficking, terrorism, kidnaping, subversion, 
extortion, and some cases of human rights violations; these regional 
courts were in effect until June 30, when they were replaced by the 
specialized jurisdiction. In the regional courts, prosecutors, judges, 
witnesses, and attorneys acted under cover of anonymity for security 
reasons. Given security concerns, and since testimony and evidence 
typically was provided to the judge in written form, regional court 
trials were not public. While a 1993 reform of the Criminal Procedures 
Code addressed certain procedural shortcomings within the system, 
significant problems remained. It still was difficult for defense 
attorneys to impeach or cross-examine anonymous witnesses, and often 
the defense attorneys did not have unimpeded access to the State's 
evidence. As a result of such concerns, judges may no longer base a 
conviction solely on the testimony of an anonymous witness. 
Nonetheless, national and international human rights groups continue to 
accuse these courts of violating fundamental rights of due process, 
including the right to a public trial. Some of the most vocal 
congressional critics of these courts continued to be implicated in 
corruption or narcotics trafficking investigations.
    The Attorney General's office investigates misconduct by public 
officials, including members of the military and police. Its 
constitutional mandate only provides for the imposition of 
administrative sanctions; it has no authority to bring criminal 
prosecutions. Although the Attorney General's office may refer cases to 
the Prosecutor General's office for investigation and prosecution, it 
regularly fails to do so. The Attorney General's office can draw upon a 
nationwide network of hundreds of government human rights investigators 
covering the country's 1,085 municipalities. However, since it cannot 
impose criminal sanctions, it is incapable of adequately punishing 
human rights abusers.
    The Supreme Court elects the Prosecutor General for a 4-year term, 
which does not coincide with that of the President, from a list of 
three candidates chosen by the President. The Prosecutor General is 
tasked with investigating criminal offenses and presenting evidence 
against the accused before the various judges and tribunals. However, 
this office retains significant judicial functions and, like other 
elements of the civilian judiciary, it is struggling to make the 
transition from a Napoleonic legal system to a mixed one that 
incorporates an adversarial aspect.
    In an attempt to deal with impunity, the Prosecutor General in 1995 
created a special human rights unit as part of the regional courts 
system. The unit achieved significant results; its group of 25 
anonymous prosecutors handled several hundred cases involving 
massacres, extrajudicial killings, kidnapings, and terrorism. These 
prosecutors issued arrest warrants against members of the public 
security forces, paramilitary, drug trafficking, and guerrilla 
organizations. The unit arrested 248 suspects during the year, and 
other state entities arrested 87 suspects against whom the human rights 
unit had open cases. In July the unit's director was replaced due to 
threats against his life.
    The human rights unit of the Prosecutor General's office 
investigated, indicted, or prosecuted 303 security force members during 
the year, including at least 12 officers, on a variety of charges 
including homicide, torture, kidnaping, and sponsorship of paramilitary 
groups. The Attorney General's office and the security forces 
demonstrated a greater willingness to follow up with instructions that 
those ordered arrested be removed from their duties, denied the right 
to wear a uniform, or turned over to civilian judicial authorities. 
However, impunity continued to be very widespread.
    The Constitution specifically provides for the right to due 
process. Judges determine the outcome of all trials; there are no jury 
trials. The accused is presumed innocent until proven guilty and has 
the right to representation by counsel, although representation for the 
indigenous and the indigent historically has been inadequate. In August 
the CSJ's administrative chamber reported that the civilian judiciary 
suffered from a backlog of 3,068,739 cases (including 604,506 penal 
cases), and that the number of outstanding arrest warrants was 338,000. 
As of August, 223,000 motions for cessation of judicial actions 
(``tutelas'') were before the Constitutional Court for its legally 
mandated review.
    Defendants in trials conducted by the regular courts have the right 
to be present and the right to timely consultation with an attorney. 
Regular court defendants and their attorneys have the right to 
question, contradict, and confront witnesses against them, to present 
witnesses on their own behalf, and to have access to government 
evidence relevant to the case. The country's judiciaries, including 
regular civilian, specialized jurisdiction, and military, continue to 
be overwhelmingly Napoleonic in character; everything is processed in 
writing. Direct confrontations and cross-examinations of witnesses 
occurred only rarely. Defendants also have the right to appeal a 
conviction to a higher court.
    The Chamber of Deputies elects the Public Ministry's National 
Ombudsman for Human Rights for a 4-year term, which does not coincide 
with that of the President. The office has the constitutional duty to 
ensure the promotion and exercise of human rights. In addition to 
providing public defense attorneys in criminal cases, the Ombudsman's 
34 departmental and regional offices throughout the country provide a 
legal channel for thousands of complaints and allegations of human 
rights violations. However, in practice, the Ombudsman's operations are 
underfunded and understaffed, slowing its development of a credible 
public defender system.
    Within the FARC-controlled despeje zone, local FARC leaders 
effectively supplanted judicial authorities. Residents of the zone 
regularly were denied the right to a fair trial. The public prosecutor 
at San Vicente del Caguan fled the area after receiving threats from 
the FARC; the judge at Mesetas fled after his office was sacked; and 
guerrillas kidnaped the judge at Cartagena del Chaira, just outside the 
despeje zone, after she rendered a decision against a guerrilla. 
Prosecutor General Alfonso Gomez Mendez said in July that elements of 
the civilian justice system would return to the despeje zone only when 
the police and army did.
    The Government states that it does not hold political prisoners. 
The ICRC reported that it monitored approximately 3,000 cases of 
imprisoned citizens accused of terrorism, rebellion, or aiding and 
abetting the insurgency, which are crimes punishable under law.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law provides for the protection of these rights; 
however, at times the authorities infringed upon them. The law 
generally requires a judicial order signed by a prosecutor for the 
authorities to enter a private home, except in cases of hot pursuit. 
The Ministry of Defense continued training publicsecurity forces in 
legal search procedures that comply with constitutional and human 
rights. Due to intimidation, corruption, or the absence of evidentiary 
proof collected directly by prosecutors, guerrilla suspects captured by 
the security forces in or out of combat and turned over to the judicial 
authorities routinely were set free.
    A judicial order or the approval of a prosecuting attorney is 
required to authorize the interception of mail or the monitoring of 
either landline or cellular telephones. This protection extends to 
prisoners held in jails. However, various state authorities sometimes 
monitored telephones without obtaining prior authorization. No 
officials have ever been disciplined for illegal wiretapping. There 
were unconfirmed reports by some human rights groups that they were 
subjected to surveillance, harassment, or threats by members of the 
security forces.
    Guerrillas regularly forcibly recruited children and indigenous 
people to serve as soldiers (see Sections 1.g. and 5). There are some 
child soldiers among the paramilitary groups.
    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--The internal armed conflict and narcotics 
trafficking are the central causes of violations of human rights and 
humanitarian law. Government security forces at times violated 
international humanitarian law, and continued to commit serious human 
rights abuses, although the great majority of serious abuses were 
committed by paramilitary groups and guerrillas.
    The ICRC reported that the Government, including military 
authorities, followed an open-door policy toward the ICRC and readily 
incorporated Red Cross curriculums on international humanitarian law in 
standard military training. The military has reduced its emphasis on 
body counts as a means of assessing field performance. However, 
impunity remains a problem. According to military sources, local 
commanders typically preferred to transfer or discharge soldiers 
accused of serious human rights violations, rather than initiate court 
martial proceedings.
    A preliminary investigation by the Prosecutor General of the 
December 1998 confrontation between the Government and the FARC at 
Santo Domingo, Arauca, was underway at year's end. Human rights 
monitors charged that military aircraft had attacked the jungle 
village, killing 18 civilians and wounding 25 others, while engaging 
the FARC. The military strongly denied these accounts, stating that a 
battle took place about 4 miles outside the town, and that deaths in 
Santo Domingo were the result of a FARC truck bomb that exploded 
prematurely. FARC defectors confirmed this version, according to the 
Ministry of Defense.
    According to the independent Advisory Committee for Human Rights 
and Displacements (CODHES), some 288,000 persons were displaced 
forcibly from their homes by violence during the year; approximately 
308,000 persons were displaced during 1998. However, Human Rights Watch 
reported that forced displacement intensified in some regions during 
the year. Expectations that the Government's peace initiative might 
eventually stabilize local conditions encouraged some citizens to 
remain in their communities, according to CODHES. Internally displaced 
citizens during 1995-99 probably exceeded 1,000,000, but the total 
number--and the number of those who were displaced permanently--was 
difficult to quantify. Human Rights Watch quoted the Displaced Persons 
Support Group, an alliance of human rights, religious, and aid 
organizations, as stating that an estimated 1.5 million persons had 
been displaced by political violence since 1985. CODHES states that 
some persons have been displaced for as long as 10 years, but is unable 
to identify a typical timeframe for displacement. Some persons return 
to their homes within days or weeks, others within months, and some 
never return. Some displaced persons move several times after fleeing 
their original home, making tracking difficult. The Government does not 
consider persons to be displaced after 2 years. CODHES estimated that 
perhaps 65 percent of displacements became permanent. Many displaced 
persons lost access to health care, employment, and education (see 
Section 5).
    The Government's response to the needs of the displaced population 
was inadequate. The Government has no systematic program to make 
provisions for humanitarian assistance to the displaced, although it is 
required by law to do so. The Solidarity Network was neither designed 
nor prepared for emergency humanitarian assistance work, and it usually 
provided such assistance only to refugees returning to the country. The 
Government provides assistance through the Solidarity Network, the 
Institute for Family Welfare (ICBF), the Health Ministry,and other 
state entities. The Government's ability to provide assistance was 
further constrained in January, when an earthquake killed approximately 
900 persons and left another 100,000 homeless. In March the Government 
estimated that 70 percent of humanitarian assistance received by 
displaced persons had been provided by the ICRC. Private estimates were 
higher. Most displaced citizens receiving ICRC emergency humanitarian 
assistance received it for only 90 days. The Government also tries to 
limit assistance to 90 days; however, some displaced persons in the 
camps at Turbo and Pavarando, and in a stadium in Cucuta, received aid 
for a longer period. The ICRC continued to expand its assistance to the 
displaced. It assisted an estimated 37,000 displaced families during 
the first 6 months of the year, compared with approximately 24,000 
families during the second 6 months of 1998.
    Many of the displaced fled to cities, which have had difficulty 
integrating large numbers of persons into their infrastructure. 
Conditions at the Government's two camps for displaced persons, at 
Pavarando and Turbo, were poor and unhygienic; health care remained 
poor and there were few educational or employment opportunities. One 
NGO worker with Medecins du Monde estimated in a press report that 
about 85 percent of the children under age 6 have some form of 
malnutrition. The Government sometimes encouraged civilian populations 
to move back to their homes before security situations had normalized.
    Thousands of displaced persons also fled to Panama, Ecuador, and 
Venezuela, where they often were denied refugee status, treated as 
illegal immigrants, denied protection or assistance, and often returned 
to Colombia. The U.N. High Commissioner for Refugees (UNHCR) has an 
office in Bogota to address the problem and opened a field office in 
Barrancabermeja in December.
    A group of 83 internally displaced persons occupied the Bogota 
UNHCR offices from August 2 to August 25. Two of the demonstrators 
crucified themselves outside the office. The protest was intended 
ostensibly to draw attention to the conditions of the country's 
displaced. On December 14, approximately 60 internally displaced 
persons broke into the ICRC's Bogota office and occupied the premises; 
government negotiations were underway at year's end.
    According to army and United Nations estimates, there were between 
50,000 and 70,000 antipersonnel landmines located in 15 departments. 
According to an army estimate, there have been 515 civilian and 
military victims of landmines since 1996. Of these, 116 died and 399 
were mutilated. During the year, 15 members of the army were killed by 
antipersonnel landmines, and 7 were wounded. The armed forces 
maintained approximately 20,000 landmines during the year, most of 
which were used to defend static positions, and were appropriately 
mapped and marked. Due to the ongoing conflict, no generalized mine 
clearance program was underway at year's end; however, the army 
deactivated 35 minefields during the year. Thousands of displaced 
persons were unable to return to their homes due to the presence of 
antipersonnel mines. There were no known civilian mine awareness 
campaigns or assistance programs for civilian victims of landmines.
    The human rights Ombudsman's office reported an increase in 
violence against women during 1997, especially in war zones. It noted 
that most female victims in zones of conflict chose not to report the 
abuses they had suffered, in part due to a lack of confidence in the 
efficacy of governmental institutions to address their problems. The 
Ombudsman noted that female leaders of political and peasant 
organizations in the Uraba-Antioquia region were increasingly the 
targets of persecution, threats, torture, and executions. According to 
the Ombudsman's 1997 report, there was a substantial increase in sexual 
assault and murder of women that year, particularly in Meta, Arauca, 
Cesar, and Sucre departments.
    The Government sometimes militarized public hospitals in conflict 
areas such as Uraba, Putumayo department, and southern Bolivar 
department, which increased the risk that the hospitals would become 
targets of guerrilla attack. Police established their headquarters at 
Mongua, Boyaca, in the town's public clinic; the ELN attacked it on 
four separate occasions. On rare occasions, the State discouraged 
medical treatment of guerrillas. In Arauca the judiciary prosecuted, 
sentenced, and imprisoned a doctor and a nurse for providing medical 
treatment to guerrillas. In July after combat at Campamento, Antioquia, 
the army transported two wounded policemen to a hospital, but refused 
to transport also two wounded FARC members, one of whom later died.
    The many paramilitary groups are diverse in their motivations, 
structure, leadership, and ideology. The 1997 establishment of the 
United Self-Defense Groups of Colombia (AUC) as a national umbrella 
organization was designed both to provide a national structure and to 
develop a more coherent political culture for the nation's local and 
regional paramilitary groups. The AUC paramilitary umbrella group 
comprises between 5,000 and 7,000 combatants, who are members of 7 
major organizations. The largest of these organizations is the ACCU, 
which is based in Cordoba department and the Uraba region of Antioquia 
department. The AUC also has as many as 4,000 of its own dedicated 
combatants. Carlos Castano heads both the AUC and the ACCU. Although 
illegal, some paramilitary groups reflected rural citizens' legitimate 
desire to defend themselves from the guerrilla threat. Other groups 
were actually the paid, private armies of drug traffickers or large 
landowners. Many members of paramilitary groups are former security 
force members or former guerrillas.
    The victims of paramilitary killings were often unarmed civilians 
whom the paramilitary groups believed to be guerrillas or guerrilla 
collaborators. Paramilitary groups sought the death or displacement of 
civilians as punishment for perceived ties to the guerrillas. In 
addition to isolated and indiscriminate massacres, paramilitary groups 
launched several campaigns characterized by a series of massacres 
linked by time or location. Their activities also included selective 
killings, kidnaping, intimidation, and the forced displacement of 
persons not directly involved in the hostilities. Paramilitary groups 
targeted teachers (see Section 2.a.), human rights activists (see 
Section 4), labor leaders (see Section 6.a.), community activists, 
national and local politicians (including President Pastrana), 
peasants, and other persons whom they accused of supporting or failing 
to confront guerrillas. Paramilitary forces killed members of 
indigenous groups (see Section 5). Paramilitary groups continued their 
efforts to deprive guerrillas of civilian support by displacing 
civilian populations believed to be sympathetic to the guerrillas.
    A major paramilitary offensive during January 7-10, following the 
beginning of peace talks between the Government and the FARC, and 
consisting of 19 separate massacres in 6 departments, left at least 143 
persons dead and hundreds of others displaced. The massacres reportedly 
were in response to the FARC's December 1998 attempt to take an AUC 
stronghold in Nudo del Paramillo, in which 30 persons were killed. Many 
of those killed by the AUC were not involved directly with guerrillas. 
Although security forces had ample warning of the attacks and enough 
time, during the course of 4 days, to respond, they failed to intervene 
in any of the 19 massacres, and arrested only 2 suspects following the 
massacres. The Government did not investigate subsequently local 
commanding officers for omission, negligence, or collaboration with the 
paramilitary perpetrators of the crimes.
    Among these massacres was the January 9-10 massacre at El Tigre, 
Putumayo, in which paramilitary forces killed at least 22, and possibly 
as many as 33, persons. Approximately 80 percent of the town's 
surviving population subsequently fled, after the attackers threatened 
to kill anyone who stayed in the town. An initial Prosecutor General's 
investigation was aborted due to death threats against the 
investigators and the local police's reported inability to protect 
them. On October 22, the Prosecutor General's human rights office 
formally indicted paramilitary leader Luis Guillermo Millan Cordona for 
the crime, as well as for establishing paramilitary groups; he remained 
at large at year's end.
    Also among the series of January 7-10 AUC massacres was a January 9 
massacre at Playon de Orozco, Magdalena department, in which at least 
27 persons were killed. Gunmen, carrying lists with the names of their 
intended victims, dragged them outside a church during a Mass, and shot 
them while the priests and other villagers watched.
    A 300-person paramilitary group based at Vetas, Norte de Santander, 
committed 15 massacres in and around the towns of La Gabarra and Tibu 
between May 29 and September 1. More than 145 persons whom the 
attackers claimed were guerrillas or guerrilla supporters were killed. 
(There is a heavy guerrilla presence in the area.) Nearby elements of 
the army's 46th Counterguerrilla Battalion (Tibu) and 5th Mechanized 
Group (Cucuta), as well as police, did not intervene. On August 30, the 
Government relieved from command three top regional security force 
commanders--Brigadier General Alberto Bravo Silva (commander of the 
army's 5th Brigade), the departmental police chief, and the head of the 
regional DAS--for failure to act to prevent the August 21-22 massacre. 
On September 2, Brigadier General Bravo Silva was separated from 
service on orders from PresidentPastrana. The Attorney General's office 
opened an investigation for possible dereliction of duty by security 
force officers in the area, including those who were relieved. A police 
captain who allegedly provided logistical support to the paramilitary 
forces is also under investigation. The Prosecutor General's human 
rights unit issued an arrest warrant for paramilitarism for Ulises 
Castellanos, who allegedly participated in the Tibu massacre. In late 
August, the Minister of Defense ordered an additional army battalion to 
the area (to be headquartered in La Gabarra), accompanied by 69 
additional police. In response to the massacres, the Prosecutor 
General's human rights unit opened a new investigative subdivision, 
which had implicated 14 persons in formal investigations by year's end.
    The last of the original 400-plus ``Convivir'' rural self-defense 
cooperatives was dismantled during the year. The cooperatives were 
formed in 1994 to provide counterinsurgency intelligence to local 
police and military commanders. There had been credible charges that 
some Convivir cooperative members had committed serious human rights 
abuses while fighting alongside, or as members of, illegal paramilitary 
units. Twenty of the original Convivir cooperatives were reconfigured 
as ``special service cooperatives,'' and the Government legally 
recognized these groups. In November 1997 the Constitutional Court had 
ruled that while the groups were a constitutional means to combat 
guerrillas, they must relinquish rifles, machine guns, and other 
restricted weaponry in their possession. (Although the authorities 
originally intended these groups to be unarmed, they subsequently 
authorized an undetermined number to carry small arms in self-defense.) 
Other Convivir groups clearly were operating outside the terms of the 
law, as they were armed with rifles, shotguns, machine guns, and other 
weaponry, much of it authorized, sold, or otherwise provided to them by 
the military. In July 1998, the Government began disbanding the 
cooperatives.
    On April 12, the Prosecutor General's office placed police Captain 
Johnny Estrada under preventive detention while he awaited trial for 
participation in forming paramilitary groups, related to the ``Convivir 
El Corral,'' centered in Arauca.
    Some local army and police commanders tacitly tolerated--and 
sometimes aided and abetted--the activities of paramilitary groups, 
despite the public pronouncements of the Government and the armed 
forces high command that they intended to combat paramilitary violence. 
At times, individual commanders and troops at local levels armed, 
coordinated actions with, or shared intelligence with paramilitary 
groups. Some military commanders effectively afforded paramilitary 
groups protection by allowing them to establish their base camps in 
areas generally under military control. Paramilitary groups that 
received such shelter often were able to attack guerrillas with minimal 
fear of reprisals. In October 1998, Vice President Gustavo Bell 
admitted that despite official policy, ``some members of the armed 
forces have maintained some degree of links to paramilitary groups;'' 
he stated that there was no evidence of an ``institutional decision'' 
by the armed forces to cooperate with paramilitary groups. However, 
paramilitary forces find a ready support base within the local military 
and the police, as well as civilian elites in many areas.
    Despite the continuing significant rise in paramilitary activity 
since 1992, security forces failed to give priority to confronting 
these illegal groups. According to the Ministry of Defense, the 
military, National Police, and CTI captured a total of 556 members of 
paramilitary groups and killed more than 26 during the year. According 
to the Vice President's office, state security forces captured 188 
members of paramilitary groups between January and September, and 
killed 37 during the same period.
    The Government took some action during the year to investigate 
allegations of collaboration or complicity with paramilitary groups by 
members of the security forces, and to punish those responsible (see 
Section 1.a.). The Prosecutor General's office and the Attorney 
General's office in some instances took action in response to 
collaboration with paramilitary groups by members of the security 
forces.
    On July 23, 1998, the Prosecutor General's human rights unit 
arrested four members of the army's 17th Brigade and charged them with 
sponsorship and formation of illegal paramilitary groups. The four men 
were arrested on the basis of testimony from several of the members of 
a paramilitary group who had surrendered to that brigade in February 
1998. There was no reported progress in the case at year's end.
    Paramilitary groups on occasion used landmines and sometimes forced 
underage combatants into their ranks. Paramilitarygroups' respect for 
the protected status of hospitals, medical personnel, and the emblem of 
the Red Cross improved during the year, due in large part to 
educational efforts by the ICRC. However, in July the AUC temporarily 
closed the hospital at Santafe de Antioquia to all but paramilitary 
patients.
    Guerrilla organizations continued to pursue strategies that 
routinely led them to commit abuses against citizens. Their tactics 
consistently included extrajudicial killings, kidnaping, torture, 
targeting of civilian populations and installations, including medical 
facilities, and the forced recruitment of children as young as 10 years 
old. In response to President Pastrana's August 12 call to all armed 
actors to obey international humanitarian law (the rules of war), the 
FARC responded that it would not abide by, and was not bound by, 
international humanitarian law.
    Two main guerrilla armies, the FARC and the ELN, as well as the 
much smaller EPL and other groups, commanded an estimated total of 
between 11,000 and 17,000 full-time guerrillas operating in more than 
100 semiautonomous groups in 30 of the nation's 32 departments. These 
groups undertook armed actions in nearly 1,000 of the 1,085 
municipalities. Both the FARC and the ELN systematically attacked 
noncombatants and violated citizens' rights through the use of tactics 
such as killings, forced disappearances, the mutilation of bodies, 
attacks on ambulances, and executions of patients in hospitals. 
Guerrillas also killed indigenous people (see Section 5) and religious 
leaders (see Section 2.a.).
    Guerrillas used landmines both to defend static positions (such as 
base camps, cocaine laboratories, and sites at which kidnap victims 
were held) and as indiscriminate weapons of terror. Landmines planted 
by guerrillas or disguised as everyday items such as soccer balls or 
paint cans often resulted in the killing or maiming of civilian 
noncombatants; thousands of displaced persons were unable to return to 
their homes due to the presence of antipersonnel mines. The FARC used 
sulfuric acid in the gas canisters that it employed as artillery. 
Scores of soldiers, police, and civilians were burned indiscriminately 
as a result. Although the ELN agreed to halt recruitment of children 
under the terms of the June 1998 Mainz ``Heaven's Gate'' agreement, 
both it and the larger FARC regularly forced children into their ranks 
(see Section 5). Once recruited, child guerrillas are virtual prisoners 
of their commanders and subject to various forms of abuse. Sexual abuse 
of young girls is a particular problem.
    On March 15, the press reported that FARC members entered the town 
of Vereda Mata de Platano, Caparrapi municipality, Cundinamarca 
department. The attackers forced approximately 100 residents from their 
homes, forced them to lie down in the street, and shot anyone whose 
name appeared on their list of alleged paramilitary collaborators. Nine 
men were killed.
    Between July 8 and 12, the FARC conducted a generally unsuccessful 
offensive in 15 departments, which was characterized by numerous 
abuses. Many of the FARC units involved undertook their attacks from 
the despeje zone. According to army estimates, 289 members of the FARC 
were killed during the offensive (including approximately 70 children 
between the ages of 9 and 15).
    On July 30-31, the FARC destroyed approximately 80 percent of the 
town of Narino, Antioquia, during a massive attack. The guerrillas 
killed eight civilians (including four children) and nine police 
officers during or after the attack. The FARC summarily executed 
several of the police officers after having captured them and also 
wounded 7 police and 11 civilians. A hospital, a school, and 
approximately 40 homes were among the buildings destroyed. The FARC 
then declared family and girlfriends of surviving policemen to be 
military targets, causing many to flee.
    On September 27, the FARC killed seven persons in Barrancabermeja. 
The victims were reportedly members or sympathizers of the ELN and were 
among a group of squatters that had occupied a new public housing 
project. Local police and army units reportedly did not intervene.
    In July the FARC admitted to having killed 11 persons in the 
despeje, who had disappeared at various times beginning in November 
1998. The FARC accused the victims of being members of paramilitary 
groups.
    Between November 16 and 23, the FARC attacked 15 cities in 5 
different regions across the country, causing widespread devastation. 
The attack centered on the Guainia departmentalcapital of Puerto 
Inirida. The attacks were viewed publicly as a rejection of President 
Pastrana's call for a Christmas cease-fire. The attacks included the 
use of a hand grenade attached to a dog's collar and the destruction of 
a 150-year-old church.
    Government forensic experts determined that, of 38 soldiers killed 
during the FARC's July 8 attack on Gutierrez, Cundinamarca department, 
17 were killed by ``coup de grace'' shots to the head after the 
soldiers were captured.
    According to the Federation of Colombian Municipalities, guerrilla 
attacks damaged or destroyed the installations of 66 municipal 
governments between January and July and kidnaped at least 50 mayors 
during the year (see Section 1.b.)
    On October 20, the human rights unit of the Prosecutor General's 
office issued an arrest warrant on charges of terrorism, rebellion, and 
homicide for ELN front commander Luis Guillermo Roldan Posada. Roldan 
was wanted for masterminding the ELN's October 1998 attack on the oil 
and gas pipeline at Machuca, Antioquia. The resulting explosion killed 
84 persons (including more than 38 children) and injured another 40 
persons. In December two other ELN members also were indicted for the 
attack.
    ELN and FARC attacks on the Cano Limon-Covenas and other pipelines 
caused oil spills that resulted in massive environmental damage.
    Guerrilla groups also were responsible for multiple abuses of 
religious and medical personnel with protected status and of the 
wounded. During the July offensive, some FARC combatants wrongfully 
employed the emblem of the Red Cross or disguised themselves as medical 
personnel to either achieve surprise or flee combat. FARC combatants at 
Campamento, Antioquia, sought refuge in a home for the elderly and 
directed their offensive from the town hospital. In August the FARC 
killed one civilian and kidnaped another while looting the hospital in 
Dabeiba, Antioquia of medicines. The FARC previously attacked the same 
hospital in May. The ELN killed several wounded members of paramilitary 
groups during the first half of the year in the hospital at Saravena. 
On a number of occasions, FARC guerrillas took over municipal clinics 
and used them as headquarters for their attacks on civilian and 
military targets.
    In July 1998, then-President-elect Pastrana met with the FARC's 
leader, Manuel Marulanda Velez. In order to facilitate future 
negotiations, the two agreed to a demilitarized zone, in which the two 
sides could pursue peace talks. The despeje zone was initiated in 
November 1998 in five southern municipalities, with a total population 
of approximately 100,000. By the end of December 1998, security forces 
had completed their withdrawal from the area, effectively turning it 
over to FARC control. Representatives of the Government and the FARC 
met in January; however, the FARC suspended the negotiations after less 
than 2 weeks, claiming that the Government should produce 
``satisfactory results against paramilitary groups'' before talks could 
resume. In May President Pastrana and Marulanda met again and agreed on 
a 12-point agenda for formal negotiations and on procedures for the 
creation of an international verification commission to monitor both 
sides' compliance with the terms of the despeje. However, a subsequent 
dispute over the issue of whether to immediately establish such a 
commission deadlocked both sides, and formal talks did not begin in 
earnest until October. The Government also broached peace talks with 
the ELN, but refused to continue the talks until the ELN released each 
of the more than 200 civilian noncombatants kidnaped in three mass 
kidnapings between May and July. By year's end, most of the kidnap 
victims had been freed, typically after paying ransom to the ELN; 
however, the ELN was still holding a score of these kidnap victims at 
year's end.
    The FARC committed numerous abuses against civilians in the despeje 
zone. The FARC was responsible for killings, rape, alleged cases of 
forced disappearance, arbitrary detention, infringement of the rights 
to free speech and fair trial (see Section 1.e.), forced political 
indoctrination, and the forced recruitment of hundreds of children. 
According to press reports, the FARC has stated publicly that all 
persons between the ages of 13 and 60 in the despeje zone are liable 
for military service with the guerrillas. The FARC also has pressured 
at least one priest to leave the despeje zone and expelled another (see 
Section 2.c.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of the press; however, while the Government generally respected 
this right in practice, there were some significant exceptions. 
Journalists regularly practiced self-censorship to avoid retaliation 
and harassment. However, the privately owned print media published a 
wide spectrum of political viewpoints and often voiced harsh 
antigovernment opinions without fear of administrative reprisals. In 
1997 the Constitutional Court declared unconstitutional the 
Government's ban on publication of guerrilla communiques by the media. 
A ban on the publication of evidence pertaining to criminal 
investigations, based on the secrecy provisions of the Penal Code and 
an anticorruption statute, remained in effect.
    In August 1998, the dean of the Los Andes University law school and 
the leading daily newspaper El Tiempo filed a legal challenge to the 
1997 Constitutional Court decision upholding a 1996 law that gave the 
Government unprecedented authority over the content of television 
programming. The plaintiffs asserted that the law was aimed at limiting 
journalistic freedom of expression. At the very end of 1998, the court 
ruled that the actions of the administration of then-President Ernesto 
Samper were unconstitutional and that all future licensing agreements 
would be respected.
    All citizens have the right to seek a judicial injunction or motion 
(``tutela'') in cases involving violations of constitutional rights. 
This provides all persons and organizations, including the media, with 
a mechanism to criticize both governmental and private violations of 
fundamental rights. In May a decision by the Supreme Court determined 
that the media are obligated not only to rectify misinformation, but 
also to compensate the victim for damages caused.
    Journalists typically work in an atmosphere of threats and 
intimidation. Fearing for their safety, journalists often refrain from 
publishing or airing stories counter to the interest of paramilitary 
groups, guerrillas, or narcotics traffickers. Unknown assailants killed 
nine journalists during the year, although not all the murders could be 
attributed directly to the journalists' work. (At least 13 journalists 
were killed in 1998.) On April 11, radio announcer Hernando Rangel 
Moreno was killed at a friend's home. Although he was not working for 
any specific media at the time of his murder, he occasionally had 
written reports critical of the paramilitary groups for the El Plato, 
Magdalena local newspaper Sur Trienta Dias. A former mayor of El Plato 
was charged with the killing and was in prison at year's end. On August 
13, well-known radio and television political satirist Jaime Garzon was 
killed while on his way to work (see Section 1.a.). On September 16, an 
unidentified individual killed German Quintero Torres, the editor-in-
chief of the local newspaper El Pilon in Valledupar, Cesar. He was also 
a correspondent for a regional television newscast, and vice president 
of the Valledupar Journalists' Association. On October 22, unknown 
assailants abducted and killed Roberto Julio Torres, a journalist for 
the Sincelejo, Sucre newspaper El Meridiano, in San Onofre, Sucre. On 
November 29, independent cameramen Alberto Sanchez and Luis Alberto 
Rincon were killed in El Playon, Santander; they had been covering a 
local fair. On December 5, Pablo Emilio Medina, cameraman for a local 
television newscast, was killed in Garzon, Huila while covering a FARC 
attack on the town.
    In October the Organization of American States (OAS) Special 
Rapporteur for Freedom of Expression stated that the ``press freedom 
situation in Colombia is a serious source of concern'' and that in 
addition to the killings of journalists, ``Colombian journalists endure 
constant threats and intimidation.''
    According to the local NGO, Prensa Libre, 76 journalists were 
kidnaped during the year. Guerrillas abducted many of them to bear 
witness to crimes committed by paramilitary forces or to deliver 
messages to local authorities. Prensa Libre reported that on October 
16, the EPL held 60 journalists captive for 26 hours in Santander 
department, where they were covering the release of kidnaped singer 
Jorge Velosa. Henry Romero, a photographer for Reuters news agency, was 
kidnaped by ELN guerrillas on October 30 and held for a week. On 
October 30, seven journalists were abducted in Barrancabermeja, 
Santander department, and released 3 days later; they were held to 
record paramilitary crimes. On November 9, Jorge Utria, press officer 
for Congressman Carlos Romero, was kidnapped in Curumani, Cesar 
department, and released 3 days later. On November 11, the FARCkidnaped 
seven journalists in Ataquez, Cesar department; again to witness 
paramilitary crimes.
    According to Prensa Libre, seven journalists received credible 
death threats; five of them fled the country. Most of these threats 
apparently were related to the journalists' work and aimed at 
intimidation.
    Due to the continued high number of journalists killed in past 
years, in May the Prosecutor General's office created a new subdivision 
to handle investigations of crimes of this type. Progress in these 
investigations included the arrest in Valledupar of the alleged killers 
of German Quintero.
    Media ownership remains highly concentrated. Wealthy families or 
groups associated with one or the other of the two dominant political 
parties continued to expand their holdings of news media, and regional 
firms continued to purchase local news media outlets. As a result of 
the general economic downturn, large press conglomerates closed radio 
stations and newspaper offices in certain provinces and implemented 
staff reductions. Although the press remained generally free, economic 
problems and the concentration of media ownership limited the media's 
resources, causing the media to rely heavily on a smaller pool of 
advertisers, including the Government, which the media often chose not 
to criticize.
    Despite an attempt in 1998 by some members of Congress to abolish 
it, the National Television Commission continued to oversee television 
programming throughout the year. Detractors charged that it was 
susceptible to political influence.
    The FARC restricted the movement of journalists in the despeje 
through blockades and random identity checks.
    The Government generally respected academic freedom, and there was 
a wide spectrum of political activity throughout the country's 
universities. However, paramilitary groups and guerrillas maintain a 
presence on many university campuses, aimed at generating political 
support for their respective campaigns. They use both violent and 
nonviolent means towards political ends. Both paramilitary groups and 
guerrillas also regularly targeted public school teachers at the 
elementary and secondary levels for politically motivated killings. In 
1998 the CPDH reported that slightly more than 10 percent of all 
victims of politically motivated homicides during the year were public 
school teachers.
    The University of Antioquia temporarily closed its doors after the 
August 7 killing of student leader Gustavo Marulanda by AUC members. He 
was among six students threatened by members of paramilitary groups for 
allegedly supporting guerrilla groups. On May 4, unidentified attackers 
killed University of Antioquia professor Hernan Henao Delgado on the 
campus and also killed the University's cafeteria administrator. 
Members of paramilitary groups were widely suspected in both cases. 
However, the authorities had announced no leads in either case as of 
August, nor had they announced any leads in the May 6 attempted murder 
of Professor Argiro Giraldo Quintero. Approximately 20 students and 
professors at the University of Antioquia received death threats, and 
the university was bombed twice during the year.
    Three prominent university professors were killed during the year, 
and one survived a failed attempt on his life. On September 15, Jesus 
Antonio Bejarano, a former government peace commissioner, was killed on 
the National University campus. Dr. Dario Betancur, head of the social 
sciences faculty of Bogota's Universidad Pedagogica, disappeared on 
April 30, and his body was found on September 3. On May 4, Dr. Hernando 
Henao, an anthropologist who published on the subject of displaced 
persons, was killed. On December 22, Professor Eduardo Pizarro 
Leongomez, director of the political studies and international affairs 
institute at the National University, was shot twice by unknown 
attackers, but survived. The police and the Prosecutor General's office 
were investigating this case. Many faculty members at the National 
University said there was great hesitation among professors to express 
views on the country's internal conflict for fear of retribution.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly, and the Government respects 
this right in practice. The authorities normally do not interfere with 
public meetings and demonstrations and usually grant the required 
permission except when they determine that there is imminent danger to 
public order.
    There were large demonstrations on several occasions by citizens in 
favor of peace. For example, on June 6, between 70,000 and 250,000 
persons demonstrated in Cali to protest the ELN kidnaping of more than 
170 persons from a church (see Section 1.b.). On October 24, as many as 
6 million persons marched in antiwar protests held in 15 cities around 
the country.
    The Constitution provides for freedom of association, and the 
Government respects this right in practice. Any legal organization is 
free to associate with international groups in its field. Membership in 
proscribed organizations, such as the FARC, the ELN, the EPL, and the 
AUC, is a crime.
    c. Freedom of Religion.--The Constitution provides for religious 
freedom, and the Government respects this right in practice. Roman 
Catholic religious instruction is no longer mandatory in public 
schools, and a 1994 Constitutional Court decision declared 
unconstitutional any official government reference to religious 
characterizations of the country. Although the Catholic Church was 
separated from the State by the 1991 Constitution, it retains a de 
facto privileged status. The law on the freedom of religion provides a 
mechanism for religions to obtain the status of recognized legal 
entities. Special public recognition is required for any religion that 
wishes to minister to its adherents via any public institution. The 
Government permits proselytizing among the indigenous population, 
provided that it is welcome and does not induce members of indigenous 
communities to adopt changes that endanger their survival on 
traditional lands. There is little religious discrimination.
    The FARC has placed religious restrictions on persons within the 
despeje zone.
    The United Pentecostal Church of Colombia reported that on August 
2, the FARC killed two of its preachers, Jose Honorio Trivino and 
Miguel Antonio Ospina. Two other preachers and 25 evangelical church 
members also were killed between January and August, mostly in areas 
greatly affected by the conflict. FARC members were believed 
responsible for a majority of the killings, as well as regular threats, 
which forced the closure of 300 churches nationwide.
    On April 30, the FARC forced Roman Catholic priest Rufino Perez to 
leave the despeje zone permanently after Perez called FARC members 
``murderers and thieves.'' In April the FARC attempted to expel 
Catholic priest Miguel Angel Serna, who had criticized publicly the 
FARC's management of the zone. The FARC allowed him to remain following 
strong public criticism and intervention by both the National Bishops' 
Conference and the presidency. In September a Polish priest was given 
15 days to leave the despeje zone.
    On May 30, the ELN kidnaped more than 170 persons, including a 
Catholic priest, from the La Maria Catholic church in southern Cali 
during Mass (see Section 1.b.).
    On August 16, members of the EPL, a small guerrilla movement, 
kidnaped Bishop of Tibu Jose de Jesus Quintero between El Tarra and 
Tibu, Norte de Santander department, and freed him on September 19. 
Quintero had spoken out against a rash of paramilitary and guerrilla 
massacres in the area. He had been kidnaped previously by the ELN in 
1997. On May 18, EPL members killed Catholic priest Pedro Leon Camacho 
in nearby Cachira, Norte de Santander, after he had denounced publicly 
the guerrilla group's abuses of the civilian population.
    The Prosecutor General's human rights unit was investigating FARC 
commander ``Arley Leal'' for the September 1998 killing of Catholic 
priest Alcides Jimenez Chicangana (see Section 1.a.).
    Jewish community leaders estimated that as many as 20 percent of 
the country's Jewish community had fled the country as of July. Among 
the principal causes was a string of kidnapings, assaults, and murders 
affecting Jewish business leaders.
    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides citizens with 
the right to travel domestically and abroad, and the Government 
generally respects this right in practice, with some exceptions. 
Outsiders who wish to enter Indian tribes' reserves must be invited. In 
areas where counterinsurgency operations were underway, police or 
military officials occasionally required civilians to obtain safe-
conduct passes; paramilitary forces and guerrillas often used similar 
means to restrict travel in areas under theircontrol. On July 10, 
following numerous guerrilla attacks, the Government imposed a 
temporary dusk-to-dawn curfew, prohibiting road and river travel, in 10 
departments, including 10 towns just outside of Bogota. Military 
counterinsurgency operations, forced conscription by paramilitary and 
guerrilla organizations, and guerrilla incursions often forced peasants 
to flee their homes and farms, and there was a very large population of 
internally displaced persons (see Section 1.g.).
    According to the DAS, 65,000 citizens emigrated during the first 6 
months of the year, due principally to the deteriorating security 
situation and economic recession. According to the Ministry of Foreign 
Affairs, requests for passports during the first 6 months of the year 
nearly tripled in comparison with the first 6 months of 1998.
    The Constitution provides for the right to asylum, under terms 
established by law in accordance with the 1951 U.N. Convention Relating 
to the Status of Refugees and its 1967 Protocol. The country has had a 
tradition of providing asylum since the 1920's. Since the 1970's, 
Colombia has granted asylum to Argentine, Chilean, Uruguayan, and 
Paraguayan citizens seeking refuge from dictatorial regimes.
    The Government cooperates with the offices of the UNHCR and other 
humanitarian organizations in assisting refugees and internally 
displaced persons. The Government reserves the right to determine 
eligibility for asylum, based upon its own assessment of the nature of 
the persecution an applicant may have suffered. The issue of the 
provision of first asylum did not arise during the year. There were no 
reports of the forced return of persons to a country where they feared 
persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for the right of citizens to change their 
government, and citizens exercise this right in regularly scheduled 
elections by secret ballot. In 1998 voters elected Conservative Party 
candidate Andres Pastrana President in elections that were free, fair, 
and transparent, despite some threats by paramilitary groups, narcotics 
traffickers, and guerrillas to the electoral process. The Liberal Party 
controls the legislature.
    Presidential elections are held every 4 years, with the incumbent 
barred for life from reelection. The Liberal and Conservative parties 
have long dominated the formal political process with one or the other 
winning the presidency. Public employees are not permitted to 
participate in partisan campaigns. Officially, all political parties 
operate freely without government interference. Those that fail to 
garner 50,000 votes in a general election lose the right to present 
candidates and may not receive funds from the Government. However, they 
may reincorporate at any time by presenting 50,000 signatures to the 
National Electoral Board. Voting is voluntary and universal for 
citizens age 18 and older, except for active-duty members of the police 
and armed forces, who may not vote.
    There are no legal restrictions, and few practical ones, on the 
participation of women or minorities in the political process; however, 
both are underrepresented in official and party positions. Voters 
elected 14 women to the 102-seat Senate and 19 women to the 161-seat 
Chamber of Representatives in March 1998. There are 3 women in the 16-
member Cabinet, serving as Ministers of Labor, Communications, and 
Foreign Trade.
    Indigenous people are underrepresented in government and politics. 
Two Senate seats are reserved for indigenous representatives. Blacks 
also are underrepresented in government and politics. In September 
1996, the Constitutional Court declared unconstitutional a 1993 law 
that set aside two House seats for citizens of African heritage, 
although the ruling nonetheless allowed the incumbents to complete 
their terms in office. There is one black Senator, but there are no 
black members of the Chamber of Representatives.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A large and varied nongovernmental human rights community is 
active, providing a wide range of views. Among the many groups are: the 
Colombian Catholic Bishops Conference, the Colombian Commission of 
Jurists; the Intercongregational Commission for Justice and Peace; the 
Permanent Committee for the Defense of Human Rights; the Center for 
Investigations and Popular Research; the Advisory Committee for Human 
Rights andDisplacements; the Latin American Institute for Alternative 
Legal Services; the Committee in Solidarity with Political Prisoners 
(dedicated to defending accused guerrillas); the Association of 
Families of Detained and Disappeared Persons; the Reinsertion 
Foundation (focused on demobilized guerrillas); the Pais Libre 
Foundation (focused on the rights of kidnap victims); and the Vida 
Foundation (focused on the rights of victims of guerrilla violence). 
Other international human rights organizations in the country that were 
active include the ICRC (with 17 offices across the country) and Peace 
Brigades International.
    Although the Government generally did not interfere directly with 
the work of human rights NGO's, many prominent human rights monitors 
worked under constant fear for their physical safety. There were 
unconfirmed reports of security forces harassing or threatening human 
rights groups. Human rights groups were subjected to surveillance, 
harassing phone calls, graffiti campaigns, and threats by paramilitary, 
guerrilla, and other unidentified groups.
    NGO's investigated and reported on human rights abuses committed by 
government forces, various paramilitary groups, and the guerrilla 
armies. Many NGO's expressed serious concern over the growing 
paramilitary and guerrilla violence--and the Government's increasingly 
apparent inability to stop either group. In particular, a number of 
NGO, as well as governmental, human rights officials were alarmed by 
the rapid growth and increasing political and military power of 
paramilitary groups.
    The human rights community remained under intense pressure during 
the year. Human rights monitors were subject to a systematic campaign 
of intimidation, harassment, and violence. At least seven human rights 
advocates were killed during the year. In addition, approximately 20 
human rights workers sought political asylum abroad, attempting to flee 
the country for their own safety. Many were frightened by a February 
threat against human rights activists by paramilitary leader Carlos 
Castano following a paramilitary kidnaping of four human rights 
workers. In March a group of Uraba merchants, cattle ranchers, 
community action boards, and other entities criticized area human 
rights NGO's as being sympathetic to guerrillas and opposed to the 
State and its armed institutions.
    The Government, through the Ministry of the Interior and DAS, 
allocated approximately $4.3 million (8 billion pesos) to protecting 
human rights advocates and labor activists associated with 88 different 
human rights NGO's and unions. The funds were dedicated to security 
measures for individuals as well as for the headquarters of the NGO's, 
an emergency radio network, and funding for travel abroad for 
particularly threatened individuals. However, human rights groups 
accused the Government of disbursing the funds too slowly.
    On September 17, unidentified gunmen killed Carlos Arturo Pareja, 
the human rights Ombudsman's representative for San Juan Nepomuceno, as 
he gave a radio interview. His assistant, Janes Rua Garcia, also was 
killed. An investigation was underway at year's end.
    On January 30, unidentified individuals pulled Everardo de Jesus 
Puerta and Julio Ernesto Gonzalez, both members of the Committee for 
Solidarity with Political Prisoners (CSPP), from a Medellin-Bogota bus 
and killed them. The CSPP assumed that AUC members had killed the two 
persons, but the authorities believed that they were killed because 
they resisted robbery. The Interior Ministry announced a reward of 
approximately $26,681 (50 million pesos) for information leading to the 
capture of the three assailants.
    On January 28, AUC members kidnaped human rights workers Jairo 
Bedoya, Jorge Salazar, Olga Rodas, and Claudia Tamayo, of the Popular 
Training Institute (IPC), whom they had accused of guerrilla links. 
Following the kidnaping, AUC leader Carlos Castano stated that he would 
begin an offensive against human rights NGO's. He declared as military 
targets alleged guerrilla sympathizers who had ``infiltrated'' human 
rights NGO's; he stated that legitimate human rights workers were 
``valued'' and would not be targeted. He released Rodas and Tamayo 
February 8, but held Bedoya and Salazar until February 18, proclaiming 
them ``prisoners of war.'' On August 29, a bomb badly damaged the IPC's 
Medellin headquarters. Police announced no leads in the case of the IPC 
bombing nor in attacks on labor union headquarters that occurred the 
same day (see Section 6.a.).
    On November 28, AUC members abducted Southern Bolivar Department 
peasant leaders Edgar Quiroga and Gildardo Fuentes. The paramilitary 
group accused the two men of guerrilla activities,but according to 
state law enforcement agencies, both men were legitimate local 
activists engaged in trying to secure humanitarian assistance for the 
region's internally displaced persons. A later paramilitary statement 
indicated that the men had been killed. Neither had been seen or heard 
from again at year's end.
    The human rights unit of the Prosecutor General's office indicted 
seven persons for the 1997 murders of two CINEP workers, and issued 
arrest warrants for Carlos Castano and four other members of 
paramilitary groups (see Section 1.a.).
    On April 16, the human rights unit of the Prosecutor General's 
office formally indicted suspected paramilitary leader Libardo Humberto 
Prada Bayona for the August 1998 killing in Valledupar of Amparo Leonor 
Jiminez. Jiminez was a local coordinator for the NGO ``Redepaz'' (Peace 
Network) and was a journalist. She had been critical of security force-
paramilitary links.
    The Ministry of Defense reported that approximately 63,000 security 
force members received human rights training during the year. General 
Fernando Tapias, armed forces commander, reported to the press in 
August that about 90 percent of the military has gone through human 
rights training. Such training is provided by the ICRC, the Colombian 
Red Cross, the Roman Catholic Church, elements of the Government and 
security forces, and foreign governments. Many observers credited these 
programs with having done much to foster a climate of increased respect 
for human rights and international humanitarian law within the military 
forces in recent years.
    The Government has an extensive human rights apparatus, which 
includes the office of the President's Adviser for Human Rights 
(currently Vice President Gustavo Bell), the Ministry of Defense human 
rights office, and dependent offices for each of the armed forces. The 
national human rights Ombudsman, its regional representatives and corps 
of public defenders, the Attorney General's office and its delegate for 
human rights and regional representatives, and the Prosecutor General's 
office and its human rights unit are all independent institutions, not 
subject to executive branch direction.
    On August 12, President Pastrana and Vice President Bell made 
public the Government's national human rights plan. The plan called for 
the respect, promotion, and assurance of human rights. It promised 
increased government attention to the consequences of human rights 
abuses and called on all armed factions to respect international 
humanitarian law. The plan asserted that security forces would combat 
both guerrilla and paramilitary forces. One of the plan's most 
important provisions permitted the armed forces commander to remove 
from service summarily any military member whose performance in 
combating paramilitary forces he deemed ``unsatisfactory or 
insufficient.''
    The human rights Ombudsman's office received 18,479 human rights 
complaints during 1998 (a slight decrease from 1997) and concluded 
investigations of 11,821 complaints that year. It also provided 37,262 
free legal consultations through its corps of more than 1,000 public 
defenders, many of whom work only part time.
    The U.N. High Commissioner for Human Rights (UNHCHR) and the UNHCR 
have offices in Bogota. In 1997 the UNHCHR opened a field office in 
Bogota to observe human rights practices and advise the Government. 
Originally scheduled to end after 1 year, the Government again renewed 
the office's mandate, until April 2000. The office is tasked with 
monitoring and analyzing the human rights situation throughout the 
country and with the provision of assistance to the Government, civil 
society, and NGO's in the field of human rights protection. It 
submitted reports to the Government and to the United Nations.
Section 5. Discrimination based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution specifically prohibits discrimination based on 
race, sex, religion, disability, language, or social status; however, 
in practice, many of these provisions are not enforced. The killing of 
homosexuals as part of the practice of social cleansing continued.
    Women.--Rape and other acts of violence against women are pervasive 
in society, and like other crimes, seldom are prosecuted successfully. 
The quasi-governmental Institute for Family Welfare and the 
Presidential Adviser's Office for Youth, Women,and Family Affairs 
continued to report high levels of spouse and partner abuse throughout 
the country. The ICBF conducted programs and provided refuge and 
counseling for victims of spousal abuse, but the level and amount of 
these services were dwarfed by the magnitude of the problem.
    The National Institute for Forensic Medicine reported 40,469 
instances of domestic abuse during the year, as well as 12,350 reported 
sexual crimes. The Institute estimated that 95 percent of all abuse 
cases are never reported to the authorities. Among the reported sexual 
crimes were 2,049 cases of rape.
    The 1996 Law on Family Violence criminalizes violent acts committed 
within families, including spousal rape. The law also provides legal 
recourse for victims of family violence, immediate protection from 
physical or psychological abuse, and judicial authority to remove the 
abuser from the household. It allows a judge to oblige an abuser to 
seek therapy or reeducation. For acts of spousal sexual violence, the 
law mandates sentences of 6 months to 2 years and denies probation or 
bail to offenders who disobey restraining orders issued by the courts. 
A 1997 law also made additional, substantial modifications to the Penal 
Code and introduced sentences of between 4 and 40 years for crimes 
against sexual freedom or human dignity, including rape, sex with a 
minor, sexual abuse, induction into prostitution, and child 
pornography. The law also repealed an old law that fully exonerated a 
rapist if he subsequently offered to marry the victim and she accepted. 
However, there was little evidence that this legislation was enforced 
systematically. The National Institute for Forensic Medicine reported 
19,859 cases of spousal abuse during the first half of the year. The 
overwhelming majority of victims were women. The First Lady Nohra 
Pullana de Pastrana is on the board of directors of the ICBF, and works 
with the ``Make Peace'' program, which provides support to women and 
children who were victims of domestic violence.
    Trafficking in women is a problem (see Section 6.f.).
    Women also faced an increased threat of torture and sexual assault 
due to the internal conflict (see Section 1.g.).
    The Constitution prohibits any form of discrimination against women 
and specifically requires the authorities to ensure ``adequate and 
effective participation by women at decisionmaking levels of public 
administration.'' Even prior to implementation of the 1991 
Constitution, the law had provided women with extensive civil rights. 
However, despite these constitutional provisions, discrimination 
against women persisted. According to figures published by the United 
Nations, women's earnings for formal sector, nonagricultural work 
correspond to approximately 85 percent of men's earnings for comparable 
work, and women must demonstrate higher qualifications than men when 
applying for jobs. Moreover, women constitute a disproportionately high 
percentage of the subsistence labor work force, especially in rural 
areas.
    Women experience a higher rate of unemployment than men and a 
higher percentage of women were employed in minimum wage jobs. 
According to the National Statistics Institute, 17.2 percent of men 
were unemployed as of September; during the same period, 23.3 percent 
of women were unemployed. Of those working in September, 25.6 percent 
of men earned the minimum wage, as did 35.1 percent of working women.
    Despite an explicit constitutional provision promising additional 
resources for single mothers and government efforts to provide them 
with training in parenting skills, women's groups reported that the 
social and economic problems of single mothers remained great. The 
Constitutional Court ruled in September 1997 that pregnant women and 
mothers of newborn children under 3 months of age could not be fired 
from their jobs without ``just cause.'' Bearing children, the Court 
ruled, was not just cause.
    Children.--The Constitution formally provides for free public 
education, which is compulsory between the ages of 6 and 15. 
Nevertheless, an estimated 25 percent of children in this age group do 
not attend school, due to lax enforcement of truancy laws, inadequate 
classroom space, and economic pressures to provide income for the 
family.
    Despite significant constitutional and legislative commitments for 
the protection of children's rights, these were implemented only to a 
minimal degree. The Constitution imposes the obligation on family, 
society, and the State to assist andprotect children, to foster their 
development, and to assure the full exercise of these rights. A special 
Children's Code sets forth many of these rights and establishes 
services and programs designed to enforce the protection of minors. 
Children's advocates reported the need to educate citizens with regard 
to the Code as well as the 1996 and 1997 laws on family violence, which 
had been drafted particularly to increase legal protection for women 
and children.
    The National Institute for Forensic Medicine reported 9,713 cases 
of child abuse during the year; 1,161 of these cases involved sexual 
abuse. An estimated 25,000 boys and girls under age 18 work in the sex 
trade. In 1996 legislators passed a law prohibiting sex with minors or 
the employment of minors for prostitution, and they amended that law in 
1997 to provide that conviction for nonviolent sexual abuse of a child 
under age 14 carries a prison sentence of 4 to 10 years. Conviction for 
rape of anyone under the age of 12 carries a mandatory sentence of 20 
to 40 years in prison. Although enforcement of such laws is lax, crimes 
against children are being dealt with more severely than in the past. 
The ICBF oversees all government child protection and welfare programs 
and funds nongovernmental and church programs for children.
    Trafficking in girls is a problem (see Section 6.f.).
    Child labor is a significant problem (see Section 6.d.).
    In conflict zones, children often were caught in the crossfire 
between the public security forces, paramilitary groups, and guerrilla 
organizations. Children suffered disproportionately from the internal 
conflict, often forfeiting opportunities to study as they were 
displaced by conflict and suffered psychological traumas. The human 
rights Ombudsman's office estimated that only 15 percent of displaced 
children attend school. In July the Government announced that no one 
under the age of 18 could enter military service, even with the consent 
of a parent; previously, individuals over 16 years of age but below age 
18 could volunteer to join the military with parental permission, but 
were barred from serving in combat.
    The use of child soldiers by guerrillas was common, and 
paramilitary groups sometimes impressed children into their ranks. In 
May the FARC promised visiting Special Representative of the U.N. 
Secretary General on Children in Armed Conflict Olara Otunnu that it 
would stop forcing children into its ranks; however, it continued the 
practice. The Roman Catholic Church reported that the FARC lured or 
forced hundreds of children from the despeje zone into its ranks. It 
engaged in similar practices in other areas under its control. Once 
recruited, child guerrillas are virtual prisoners of their commanders 
and subject to various forms of abuse. Sexual abuse of girls is a 
particular problem. Although the ELN agreed to halt recruitment of 
children under the terms of the June 1998 Mainz ``Heaven's Gate'' 
agreement, it also regularly impressed children into its ranks. A 1996-
98 human rights Ombudsman's study estimated that 6,000 children were 
``linked to or members of'' guerrilla groups and reported that 
approximately 2,000 children were killed during 1998. There were 15 
children among the 39 FARC guerrillas killed in combat at Puerto Lleras 
in July. The army killed approximately 70 children among the 289 FARC 
members killed during the FARC's July 8-12 offensive. Children were 
also among the preferred kidnaping targets of guerrillas (see Section 
1.b.).
    People with Disabilities.--The Constitution enumerates the 
fundamental social, economic, and cultural rights of the physically 
disabled, but serious practical impediments exist that prevent the full 
participation of disabled persons in society. There is no legislation 
that specifically mandates access for the disabled. According to the 
Constitutional Court, physically disabled individuals must have access 
to, or if they so request, receive assistance at, voting stations. The 
court also has ruled that the social security fund for public employees 
cannot refuse to provide services for the disabled children of its 
members, regardless of the cost involved.
    Indigenous People.--There are approximately 80 distinct ethnic 
groups among the 800,000-plus indigenous inhabitants. These groups are 
concentrated in the Andes mountains, Pacific coast lowlands, the 
Guajira peninsula, and Amazonas department. The Constitution gives 
special recognition to the fundamental rights of indigenous people. The 
Ministry of Interior, through the Office of Indigenous Affairs, is 
responsible for protecting theterritorial, cultural, and self-
determination rights of Indians. Ministry representatives are located 
in all regions of the country with indigenous populations and work with 
other governmental human rights organizations, as well as with NGO 
human rights groups and civil rights organizations, to promote Indian 
interests and investigate violations of indigenous rights. Nonetheless, 
members of indigenous groups suffer discrimination in the sense that 
they traditionally have been relegated to the margins of society. Few 
opportunities exist for those who might wish to participate more fully 
in modern life. In addition, indigenous communities suffer 
disproportionately from the internal armed conflict (see Section 1.g.).
    According to the National Agrarian Reform Institute (INCORA), 
64,377 indigenous families live on designated Indian reserves. 
Indigenous rights to their ancestral lands are by law permanent. INCORA 
reports that approximately 80 percent of these lands have been 
demarcated. However, armed groups often violently contested indigenous 
land ownership. Traditional Indian authority boards operate some 519 
reserves; the boards handle national or local funds and are subject to 
fiscal oversight by the national Comptroller General. These boards 
administer their territories as municipal entities, with officials 
elected or otherwise chosen according to Indian tradition.
    Indigenous communities are free to educate their children in 
traditional dialects and in the observance of cultural and religious 
customs. Indigenous men are not subject to the national military draft.
    In 1998 INCORA estimated that some 40 indigenous communities had no 
legal title to land that they claimed as their own, and reported that 
an estimated 400 requests by indigenous communities to establish new 
reserves remained outstanding at the end of that year. In 1999 INCORA 
reported that some 350 requests by indigenous communities to establish 
new reserves remained outstanding at year's end. According to INCORA, 
more than 75 million acres have been recognized legally as Indian 
lands. It is buying back much of this land, which has been settled by 
mestizo peasants, and returning it to indigenous groups.
    The Constitution provides for a special criminal and civil 
jurisdiction within Indian territories based upon traditional community 
laws. However, some observers charged that these special jurisdictions 
were subject to manipulation, and that punishments rendered by such 
community courts were often much more lenient than those imposed by 
regular civilian courts.
    Members of indigenous communities continued to be victims of all 
sides in the internal conflict, and a number of them were killed. CINEP 
reported the killings of 40 indigenous people, and the forced 
disappearance of 19 during the first 9 months of the year; the 
perpetrators were not identified. CINEP also reported nine unidentified 
death threats made to entire indigenous communities during the first 9 
months of the year. In August the national human rights Ombudsman 
stated in his annual report that the indigenous communities most 
affected by extrajudicial killings during 1998 (the most recent year 
for which information was available) were the Zenu, the Etnia Zenu, the 
Embera-Katio, the Korewaje, the Embera-Chami, and the Paez. The report 
also stated that two indigenous persons from unidentified communities 
also were killed. The report cited the State as being responsible for 
two of the killings, paramilitary groups for eight, and unidentified 
armed groups for the remaining two.
    On January 31, unidentified attackers detained six members of the 
Embera-Katio tribe in Cordoba department, and killed one. Subsequently, 
they burned 14 boats belonging to the tribe. During May and June, a 
further four Embera-Katio leaders were killed as guerrillas and 
paramilitary forces struggled for control of southern Cordoba.
    Paramilitary and guerrilla groups have been known to force 
indigenous people, including children, into their ranks. Some guerrilla 
groups reportedly favored indigenous people as guides and 
communicators, due to their knowledge of the geography of their 
historical lands and knowledge of generally unfamiliar languages.
    Occidental Petroleum had returned all of its exploration 
concessions to the Government by 1990, after attempts to negotiate with 
the U'wa tribe broke down. The tribe had protested a 1995 award to 
Occidental and Ecopetrol allowing them to explore lands claimed by the 
U'wa. The U'wa had filed acomplaint before the IACHR. A 1997 OAS joint 
study with a university recommended the immediate and unconditional 
suspension of oil exploration or exploitation activities; clarification 
of the status of U'wa territories and protected reserves; and the 
development of a formal process of consultation under auspices of the 
Government. The U'wa also had threatened to commit collective suicide 
if their wishes were not respected. In August the Government increased 
the U'wa reserve, from 100,000 acres to 1.25 million acres. The area 
has estimated oil reserves of up to 1 billion barrels.
    In April U'wa leader Roberto Jose Cobaria Afanador fled the 
country, after receiving death threats from the FARC as part of a 
campaign to intimidate U'wa who might have cooperated in the 
investigation of the March killings of the three American indigenous 
activists (see Section 1.a.).
    National/Racial/Ethnic Minorities.--According to the Ministry of 
the Interior, citizens of African heritage live primarily in the 
Pacific departments of Choco (370,000), Valle del Cauca (1,720,257), 
Cauca (462,638), and Narino (261,180), as well as along the Caribbean 
coast. Although estimates vary widely, blacks represent around 10 
percent of the total population.
    Blacks are entitled to all constitutional rights and protections 
but traditionally have suffered from discrimination. Blacks are 
underrepresented in the executive branch, judicial branch, and civil 
service positions, and in military hierarchies. Despite the passage of 
the African-Colombian law in 1993, little concrete progress was made in 
expanding public services and private investment in Choco department or 
other predominantly black regions. The same law also authorized black 
communities to receive collective titles to some Pacific coast lands. 
However, black leaders complained that the Government was slow to issue 
titles, and that their access to such lands often was inhibited by the 
presence of armed groups or individuals. Unemployment among African-
Colombians ran as high as 76 percent in some communities. Choco remains 
the department with the lowest per capita level of social investment 
and is last in terms of education, health, and infrastructure. It also 
has been the scene of some of the nation's most enduring political 
violence, as paramilitary forces and guerrillas struggled for control 
of the Uraba region.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution recognizes the 
rights of workers to organize unions and to strike, except for members 
of the armed forces, police, and those ``essential public services'' as 
defined by law. However, legislation that prohibits all public 
employees from striking is still in effect, even if often overlooked.
    Unions, indigenous groups, debtors, students, and others brought 
the country to a partial halt on August 31 with a general strike, which 
ended on September 1. The Government and labor representatives began 
negotiations afterward. Strikers protested the Government's inability 
to confront the country's economic downturn, soaring unemployment, and 
a Labor Code reform bill that would have eliminated several popular 
worker benefits. Indigenous people reportedly blocked the Pan-American 
highway near the Ecuadoran border, protesting an alleged lack of 
Government attention to their problems. The FARC, youth gangs, and 
common criminals encouraged isolated acts of violence in some parts of 
the country; in the south of Bogota, the army's 13th Brigade moved in 
to restore order after common criminals and youth gangs looted shops 
and attacked police and other vehicles with stones. However, both 
unions and the Government renounced violence.
    The 1948 Labor Code (which has been amended repeatedly) provides 
for automatic recognition of unions that obtain at least 25 signatures 
from potential members and comply with a simple registration process at 
the Labor Ministry. The law penalizes interference with freedom of 
association. It allows unions to determine freely internal rules, elect 
officials, and manage activities, and forbids the dissolution of trade 
unions by administrative fiat. According to estimates by the Ministry 
of Labor and various unions, 6 to 7 percent of the work force is 
organized. According to the Colombian Commission of Jurists, 89 percent 
of those organized are public sector workers. There are approximately 
2,500 registered unions, 87 to 95 percent of which are organized in one 
of three confederations: The center-left United Workers' Central, with 
which 45 to 50 percent of unionsare affiliated; the Maoist/Social 
Christian Colombian Democratic Workers' Confederation, with which 
approximately 30 percent of unions are affiliated; and the Liberal 
Party-affiliated Confederation of Colombian Workers (CTC), with which 
12 to 15 percent of unions are affiliated. The number of unions fell 
significantly during 1998 (from a 1997 total of approximately 4,900), 
reflecting the effect of new legislation that encouraged the 
consolidation of individual companies' unions into broader, industry-
based unions.
    Before staging a legal strike, unions must negotiate directly with 
management and, if no agreement results, accept mediation. By law, 
public employees must accept binding arbitration if mediation fails; in 
practice, public service unions decide by membership vote whether or 
not to seek arbitration.
    In May 1998, the International Labor Organization (ILO) expressed 
serious concern at allegations of murders, forced disappearances, death 
threats, and other acts of violence against trade union officials and 
members. The ILO documented more than 300 murders of trade union 
members during 1995-98. The ILO harshly criticized the Government for 
failing, since November 1996, to provide it with information on a 
single case of detention, trial, and conviction of anyone responsible 
for the murder of union officials and members.
    During the ILO governing body's November meeting, the Government 
reached an amicable solution with the workers to accept an ILO direct 
contact mission to investigate workers' charges of government 
infringements of the right to free association, as well as the 
continued killing of unionists and impunity for the killers. The 
mission is scheduled to arrive in Bogota in February 2000 and to 
deliver its findings to the ILO in March 2000.
    The Government still has not addressed a number of ILO criticisms 
of the Labor Code. In 1993 the ILO had complained about the following 
provisions of the law: The requirement that government officials be 
present at assemblies convened to vote on a strike call; the legality 
of firing union organizers from jobs in their trades once 6 months have 
passed following a strike or dispute; the requirement that contenders 
for trade union office must belong to the occupation their union 
represents; the prohibition of strikes in a wide range of public 
services that are not necessarily essential; various restrictions on 
the right to strike; the power of the Minister of Labor and the 
President to intervene in disputes through compulsory arbitration when 
a strike is declared illegal; and the power to dismiss trade union 
officers involved in an unlawful strike.
    Labor leaders throughout the country continued to be targets of 
attacks by paramilitary groups, guerrillas, narcotics traffickers, and 
their own union rivals. Killings of union members continued during the 
year. According to the National Labor School, more than 2,000 union 
members have been murdered since 1986, and labor leaders report 
widespread societal hostility toward unions. Some of those killed were 
targeted by the FARC for their membership in, or sympathy with, the 
National Syndicate of Agricultural Industry Workers (Sintrainagro), a 
union largely composed of demobilized EPL members. Many of the murdered 
Sintrainagro members had worked in the banana industry in Uraba region.
    On February 17, an unknown assailant shot and killed 72-year-old 
Julio Alfonso Poveda, a founder of the United Workers' Central (CUT), 
prominent member of the Colombian Communist Party, and head of the 
National Federation of Agricultural Cooperatives, while he waited in 
Bogota traffic. The authorities did not report any leads in the case by 
year's end.
    The authorities arrested former policemen Rafael Cespedes and Edgar 
Armando Daza Diaz for the October 1998 killing of CUT vice president 
Jorge Ortega in Bogota. One of the two men later escaped from 
detention. An investigation was underway at year's end (see Section 
1.a.).
    On August 29, the Sincelejo, Sucre department offices of the 
Association of Rural Land Users, a farm workers' union, were destroyed 
by a bomb. Police defused a bomb at the Medellin office of Union of 
Sindicated Labor (USO) the same day. The authorities had reported no 
leads in either case at year's end.
    The expired 1995 collective work convention between Ecopetrol and 
the USO was replaced by a new agreement in May. The USO leadership 
remained in open conflict with the Government on many issues. USO 
leaders reported that its members in the oil-producing Magdalena Medio 
region continued to receive deaththreats from presumed paramilitary 
groups, who have accused USO officials of working with the ELN 
guerrillas waging a sabotage campaign against the nation's oil 
pipelines.
    Unions are free to join international confederations without 
government restrictions.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution protects the right of workers to organize and engage in 
collective bargaining. Workers in larger firms and public services have 
been most successful in organizing, but these unionized workers 
represent only a small portion of the economically active population. 
High unemployment, traditional antiunion attitudes, a large informal 
economic sector, and weak union organization and leadership limit 
workers' bargaining power in all sectors.
    The law forbids antiunion discrimination and the obstruction of 
free association; however, according to union leaders, both 
discrimination and obstruction of free association occurred frequently. 
Government labor inspectors theoretically enforce these provisions, but 
because there are 271 labor inspectors to cover 1,085 municipalities 
and more than 300,000 companies, the inspection apparatus is weak. 
Furthermore, labor inspectors often lacked basic equipment, such as 
vehicles. Guerrillas sometimes deterred labor inspectors from 
performing their duties by declaring them military targets. On July 9, 
according to the Ministry of Labor, unidentified attackers attempted to 
bomb the Antioquia department labor inspection office.
    The Labor Code calls for fines to be levied for restricting freedom 
of association and prohibits the use of strike breakers.
    Collective pacts--agreements between individual workers and their 
employers--are not subject to collective bargaining and typically are 
used by employers to obstruct labor organization. Although employers 
must register collective pacts with the Ministry of Labor, the Ministry 
does not exercise any oversight or control over them.
    The Labor Code also eliminates mandatory mediation in private 
labor-management disputes and extends the grace period before the 
Government can intervene in a conflict. Federations and confederations 
may assist affiliate unions in collective bargaining.
    Labor law applies to the country's 15 free trade zones (FTZ's), but 
its standards often were not enforced in the zones. Public employee 
unions have won collective bargaining agreements in the FTZ's of 
Barranquilla, Buenaventura, Cartagena, and Santa Marta, but the garment 
manufacturing enterprises in Medellin and Risaralda, which have the 
largest number of employees, are not organized. Labor unions do not 
exist in any of the zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
forbids slavery and any form of forced or compulsory labor, and this 
prohibition generally is respected in practice in the formal sector; 
however, women were trafficked for the purpose of forced prostitution 
(see Section 6.f.). Paramilitary forces and guerrilla groups forcibly 
conscripted indigenous people (see Section 5). The law prohibits forced 
or bonded labor by children; however, the Government does not have the 
resources to enforce this prohibition effectively (see Section 6.d.). 
Although there were no known instances of forced child labor in the 
formal economy, several thousand children were forced to serve as 
paramilitary or guerrilla combatants (see Section 1.g.), to work as 
prostitutes (see Section 5), or in some instances as coca pickers.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution bans the employment of children under the 
age of 14 in most jobs, and the Labor Code prohibits the granting of 
work permits to youths under the age of 18; however, child labor is a 
significant problem. A 1989 decree establishing the Minors' Code 
prohibits the employment of children under age 12 and stipulates 
exceptional conditions and the express authorization of Labor Ministry 
inspectors for the employment of children between the ages of 12 and 17 
(inclusive). Children under 14 are prohibited from working, with the 
exception that those between the ages of 12 and 14 may perform very 
light work with the permission of their parents and appropriate labor 
authorities. All child workers (anyone under the age of 18) must 
receive the national minimum wage for the hours they work. Children 
between the ages of 12 and 14 can work a maximum of 4hours a day; 
children between the ages of 14 and 16 can work a maximum of 6 hours a 
day; and children between the ages of 16 and 18 can work a maximum of 8 
hours a day. All child workers are prohibited from working at night, or 
performing work in which there is a risk of bodily harm or exposure to 
excessive heat, cold, or noise. A number of specific occupations are 
prohibited for children as well, such as mining and construction. 
However, these requirements largely are ignored in practice, and only 5 
percent of those children that work have filed for the required work 
permits. By allowing children of ages 12 and 13 to work, even under 
restricted conditions, the law contravenes international standards on 
child labor, which set the minimum legal age for employment in 
developing countries at 14 years.
    In the formal sector, child labor laws are enforced through 
periodic review by the Ministry of Labor and by the military, which 
ensures compliance with mandatory service requirements. However, in the 
informal labor sector and in rural areas, child labor continues to be a 
problem, particularly in agriculture and mining. Children as young as 
11 years of age work full time in almost every aspect of the cut flower 
industry as a way to supplement family income. Even children enrolled 
in school or, in some cases, those too young for school, accompany 
their parents to work at flower plantations at night and on weekends. 
In the mining sector, coal mining presents the most difficult child 
labor problem. Many marginal, usually family-run, operations employ 
their young children as a way to boost production and income; it is 
estimated that between 1,200 and 2,000 children are involved. The work 
is dangerous and the hours are long. Younger children carry water and 
package coal, while those age 14 and up engage in more physically 
demanding labor such as carrying bags of coal. These informal mining 
operations are illegal. The Ministry of Labor reported that, by the end 
of the year, an interagency governmental committee had removed 
approximately 80 percent of child laborers from the informal mines and 
returned them to school.
    A Catholic Church study conducted in May stated that approximately 
2.7 million children work, including approximately 700,000 who worked 
as coca pickers. This represented a sharp increase from 1992, when 
according to a 1997 study by Los Andes University, approximately 1.6 
million children (between the ages of 12 and 17) worked. One observer 
noted that the recent economic downturn might increase the number of 
children working, especially in rural areas. Child participation in 
agricultural work soared at harvest times. According to the Ministry of 
Labor, working children between the ages of 7 and 15 earned on average 
between 13 and 47 percent of the minimum wage. An estimated 26 percent 
of working children had regular access to health care; approximately 25 
percent were employed in potentially dangerous activities. According to 
army estimates, at least 3,000 children were employed by paramilitary 
groups and guerrillas as combatants (see Section 5). School attendance 
by working children was significantly lower than for nonworking 
children, especially in rural areas. The health services of the social 
security system cover only 10 percent of child laborers. A 1996 study 
by the national human rights Ombudsman of child labor in Putumayo 
department found that 22 percent of the children between the ages of 5 
and 18 were full-time coca pickers. In the municipality of Orito, the 
figure reached 70 percent.
    The Labor Ministry has an inspector in each of the 33 departments 
responsible for certifying and conducting repeat inspections of 
workplaces that employ children; however, this system has few resources 
and covered only the 20 percent of the child work force employed in the 
formal sector of the economy. In 1995 the Government established a 
National Committee for the Eradication of Child Labor, made up of 
representatives from the Ministries of Labor, Health, Education, and 
Communications, as well as officials from various other government 
offices, unions, employer associations, and NGO's. In December 1995, 
the committee produced an action plan, under which various efforts to 
eliminate child labor have been made. These include efforts to 
eradicate child prostitution in Bogota, child agricultural labor in the 
town of Cerritos in the Santander department, and child labor in the 
markets of Bucaramanga and Cucuta, primarily through providing economic 
incentives for parents to return their children to school.
    The Government prohibits forced and bonded labor by children; 
however, it is unable to enforce this prohibition effectively (see 
Section 6.c.).
    e. Acceptable Conditions of Work.--The Government sets a uniform 
minimum wage for workers every January to serve as a benchmark for wage 
bargaining. The monthly minimum wage, set by tripartite negotiation 
among representatives of business, organized labor, and the Government 
was about $125 (236,460 pesos) throughout the year. The minimum wage 
does not provide a decent standard of living for a worker and family. 
Because the minimum wage is based on the Government's target inflation 
rate, the minimum wage has not kept up with real inflation in recent 
years. 70 percent of all workers earn wages that are insufficient to 
cover the costs of the Government's estimated low-income family 
shopping basket. However, 77 percent of all workers earn no more than, 
and often much less than, twice the minimum wage.
    The law provides for a standard workday of 8 hours and a 48-hour 
workweek, but it does not require specifically a weekly rest period of 
at least 24 hours, a failing criticized by the ILO.
    Legislation provides comprehensive protection for workers' 
occupational safety and health, but these standards are difficult to 
enforce, in part due to the small number of Labor Ministry inspectors. 
In addition, unorganized workers in the informal sector fear the loss 
of their jobs if they exercise their right to criticize abuses, 
particularly in the agricultural sector.
    In general, a lack of public safety awareness, inadequate attention 
by unions, and lax enforcement by the Labor Ministry result in a high 
level of industrial accidents and unhealthy working conditions. Over 80 
percent of industrial companies lack safety plans. According to the 
Social Security Institute, 17 percent of industrial companies lack 
safety plans. The Institute reported 50,178 work-related accidents 
during the year, 491 of which resulted in deaths. The industries most 
prone to worker accidents were mining, construction, and 
transportation.
    According to the Labor Code, workers have the right to withdraw 
from a hazardous work situation without jeopardizing continued 
employment.
    f. Trafficking in Persons.--There are no laws that specifically 
address trafficking in persons.
    A bill was pending before the House of Representatives in October 
that would provide a prison term of 4 to 8 years and a fine up to the 
equivalent of 100 times the minimum legal monthly salary for any person 
who ``promotes, induces, compels, facilitates, collaborates, or in any 
other way participates in the entry or exit of people into or from the 
country without complying with all legal requisites.'' While intended 
to combat alien smuggling in general, the law could be used to 
prosecute traffickers as well. A government committee composed of 
representatives of the Ministry of Foreign Affairs, Interpol, DAS, the 
Ministry of Justice, the Attorney General's office, the Prosecutor 
General's office, and the Presidency meets once every 2 months to 
discuss trafficking in persons (and arms). The country is a source for 
trafficking in women.
    The Organization for Security and Cooperation in Europe (OSCE) 
issued a report on trafficking in persons in September, and stated that 
women and girls from Colombia are trafficked to North America and 
western Europe. There also were reports that women have been trafficked 
to Japan in increasing numbers in recent years. The women enter Japan 
on a tourist visa or an ``entertainer'' visa; they then are forced to 
work as prostitutes. There were also reports that women were trafficked 
to Spain for purposes of prostitution.
                                   ____
                                 

                               COSTA RICA

    Costa Rica is a longstanding, stable, constitutional democracy with 
a unicameral Legislative Assembly directly elected in free multiparty 
elections every 4 years. Miguel Angel Rodriguez of the Social Christian 
Unity Party (PUSC) won the presidency in the February 1998 elections, 
in which approximately 70 percent of eligible voters cast ballots. The 
Government respects constitutional provisions for an independent 
judiciary.
    The 1949 Constitution abolished the military forces. The Ministry 
of Public Security--which includes specialized units such as the 
antidrug police--and the Ministry of the Presidency share 
responsibility for law enforcement and national security. In 1996 the 
Government combined several police units within the Ministry of Public 
Security, including the Border Guard, the Rural Guard, and the Civil 
Guard, into a single ``public force.'' Public security forces generally 
observe procedural safeguards established by law and the Constitution.
    The market economy is based primarily on agriculture, light 
industry, and tourism. The economy grew 8.3 percent in 1999, compared 
with 6.2 percent in 1998. The central government deficit narrowed in 
real terms to 3.1 percent of gross domestic product (GDP) compared with 
3.3 percent in 1998; however, the public sector deficit widened to an 
estimated 4 percent of GDP, compared with 3.3 percent in 1998. The 
Constitution protects the right to private property; however, domestic 
and foreign property owners encounter considerable difficulty gaining 
adequate, timely compensation for lands expropriated for national parks 
and other purposes. The law grants considerable rights to squatters who 
invade uncultivated land, regardless of who may hold title to the 
property.
    The Government generally respects the human rights of its citizens, 
and the law and judiciary provide effective means of dealing with 
individual instances of abuse. Nonetheless, there were problems in a 
few areas. The judicial system moves very slowly in processing criminal 
cases, resulting in lengthy pretrial detention for some persons charged 
with crimes. Domestic violence is a serious problem, and abuse of 
children also remains a problem. Traditional patterns of unequal 
opportunity for women remain, in spite of continuing government and 
media efforts to advocate change. Child labor persists.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    In September 1997, a criminal court found two of three former 
judicial police officers guilty of the 1994 murder of farmer Ciro 
Monge; the third officer awaited trial at year's end. The court 
sentenced the two men to 12 years in prison and $200,000 (50 million 
colones) in fines and costs. The two convicted officers appealed the 
rulings and lost; one fled the country in 1998 but was captured and 
expected to be returned to serve his sentence.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits cruel or degrading treatment 
and holds invalid any statement obtained through violence. The 
authorities generally abide by these prohibitions. An effective 
mechanism for lodging and recording complaints of police misconduct 
exists. The Ombudsman's office serves as a recourse to citizens that 
have complaints about violations of their civil and human rights and 
about deficiencies in public and private infrastructure. It 
investigates complaints and, where appropriate, initiates suits against 
officials. The Ombudsman's office received 14 reports of police abuse 
of authority or misconduct during the year, compared with 4 complaints 
in 1998.
    A large percentage of police personnel owe their appointments to 
political patronage. The Rodriguez administration continued 
implementation of the 1994 Police Code designed to depoliticize and 
professionalize the police force. The Government's long-term plan is to 
establish permanent, professional cadres, eventually resulting in a 
nonpolitically appointed career force.The basic course for new police 
recruits includes training using a human rights manual developed by the 
Ministry of Public Security.
    Prisoners generally receive humane treatment. Prisoners are 
separated by sex and by level of security (minimum, medium, and 
maximum). There are separate juvenile detention centers. Illegal 
narcotics are readily available in the prisons, and drug use is common. 
The Ombudsman's office notes that complaints about physical and 
psychological abuse of prisoners by guards increased during the year. 
The office received six such complaints of physical abuse, compared 
with two in 1998, and six complaints of psychological abuse, compared 
with four in 1998. The Ombudsman's office investigates complaints and 
refers serious cases of abuse to the public prosecutor.
    Penitentiary overcrowding remained a problem, with the prison 
population estimated at 67 percent above planned capacity. The 
Government is expanding six prisons to address this problem. In March 
1996, the Supreme Court's Constitutional Chamber issued an order to the 
San Sebastian prison in San Jose, giving the institution 1 year to 
achieve minimally acceptable conditions for the prisoners. As of 
August, occupancy in that prison was 108 percent above capacity, an 
increase from 88 percent the previous year. The Government approved the 
budget for a series of detention facilities in outlying provinces, 
which are expected both to reduce overcrowding and to locate prisoners 
closer to their families.
    The Government permits prison visits by independent human rights 
monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution and law 
prohibit arbitrary arrest and detention, and the Government generally 
respects these prohibitions.
    The law requires issuance of judicial warrants before making 
arrests. The Constitution entitles a detainee to a judicial 
determination of the legality of the detention during arraignment 
before a court officer within 24 hours of arrest. The authorities 
generally respect these rights.
    The law provides for the right to release on bail, and the 
authorities observe it in practice. Generally, the authorities do not 
hold detainees incommunicado. With judicial authorization, the 
authorities may hold suspects for 48 hours after arrest or, under 
special circumstances, for up to 10 days.
    The Constitution bars exile as punishment, and it is not used.
    e. Denial of Fair Public Trial.--The Constitution and law provide 
for an independent judiciary, and the Government respects this 
provision in practice. The Constitution provides for the right to a 
fair trial, and an independent judiciary vigorously enforces this 
right.
    The Supreme Court supervises the work of the lower courts, known as 
tribunals. The Legislative Assembly elects the 22 Supreme Court 
magistrates to 8-year terms, subject to automatic renewal unless the 
Assembly decides otherwise by a two-thirds majority. Accused persons 
may select attorneys to represent them, and the law provides for access 
to counsel at state expense for the indigent.
    Persons accused of serious offenses and held without bail sometimes 
remain in pretrial custody for long periods. Lengthy legal procedures, 
numerous appeals, and large numbers of detainees cause delays and case 
backlogs. There were 1,109 accused persons, representing 17 percent of 
the prison population, jailed awaiting trial as of August 13.
    There were no reports of political prisoners. However, one 
individual is jailed for committing crimes against the State 
(politically motivated acts of violence) in the 1980's. The human 
rights group Families for the Defense of Political Prisoners and Human 
Rights considers this person to be a political prisoner.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices; government 
authorities generally respect these prohibitions; and violations are 
subject to effective legal sanction. The law requires judicial warrants 
to search private homes. Judges may approveuse of wiretaps in limited 
circumstances, primarily to combat narcotics trafficking.
    The law grants considerable rights to squatters who invade 
uncultivated land, regardless of who may hold title to the property. 
Landowners throughout the country have suffered frequent squatter 
invasions for years. President Rodriguez made it a priority to reduce 
these conflicts, increase public security, and regularize land tenure. 
The Legislative Assembly is reexamining laws that give title through 
adverse possession. As a result, squatter invasions are occurring with 
increasing frequency in anticipation of the land tenure regularization.
    On May 25, Public Security officers removed 350 squatter families, 
a total of 750 persons, from a parcel of land near San Jose. On June 
30, officials removed 300 squatter families, a total of around 1,500 
persons, from another parcel of land near San Jose. The authorities 
conducted these evictions lawfully, and there were no credible accounts 
of abuses by the officers who enforced the evictions.
    The case of the 1997 shootings in the Pavones region of landowner 
Max Dalton and squatter Alvaro Aguilar was resolved in March when a 
court absolved the accused killer of Dalton. Press reports indicated 
that the investigators believed the two men shot each other; charges 
were never pressed against the first suspect in the case.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government respects these 
rights in practice. An independent press, a generally effective 
judiciary, and a functioning democratic political system combine to 
ensure freedom of speech and of the press.
    There are 6 major privately owned newspapers, several periodicals, 
20 privately owned television stations, and over 80 privately owned 
radio stations, all of which pursue independent editorial policies. 
While the media generally criticize the Government freely, there were 
unconfirmed allegations that the Government withheld advertising from 
some publications in order to influence or limit reporting. In May a 
court absolved a reporter and an editor from the daily newspaper La 
Nacion of libel charges.
    In 1996 the Legislative Assembly passed a ``right of response'' law 
that provides persons criticized in the media with an opportunity to 
reply with equal attention and at equal length. Print and electronic 
media continued to criticize public figures; however, media managers 
have found it difficult to comply with provisions of this law. Editors 
have called for a change in the press law, although media managers 
generally have been successful in defending themselves and their 
reporters against libel suits.
    The Office of Control of Public Spectacles rates films and has the 
authority to restrict or prohibit their showing; it has similar powers 
over television programs and stage plays. Nonetheless, a wide range of 
foreign films are available to the public. A tribunal reviews appeals 
of the office's actions.
    The Government respects academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for these rights, and the Government respects them in 
practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice. While the 
Constitution establishes Roman Catholicism as the state religion, 
people of all denominations freely practice their religion without 
government interference. Religious education teachers, including those 
in public schools, must be certified by the Roman Catholic Episcopal 
Conference. Foreign missionaries and clergy of all denominations work 
and proselytize freely.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice. There are no 
restrictions on travel within the country, on emigration, or the right 
of return.
    There is a long tradition of providing refuge to people from other 
Latin American countries.
    The law provides for granting asylum or refugee status in 
accordance with the standards of the 1951 U.N. Convention Relating to 
the Status of Refugees and its 1967 Protocol, and the Government has 
admitted approximately 5,000 persons as refugees under terms of the 
convention. The Government cooperates with the office of the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees. The Government makes a distinction between 
political asylum and refugee status; the issue of the provision of 
first asylum did not arise. The Constitution specifically prohibits 
repatriation of anyone subject to potential persecution, and there were 
no reports of forced expulsion of persons to a country where they 
feared persecution.
    The authorities regularly repatriated undocumented Nicaraguans, 
most of whom entered the country primarily for economic reasons. 
However, following Hurricane Mitch in 1998, the Government announced a 
program of general amnesty for all Nicaraguans, Hondurans, and 
Salvadorans in the country prior to November 9, 1998. By mid-August, 
160,000 Nicaraguans had been processed for legal residence status, 
although not all were expected to qualify. There are an estimated 
150,000 Nicaraguans residing legally, and another 150,000 who have not 
applied for amnesty or who entered the country after the November 
deadline.
    Allegations of abuse by the Border Guard periodically arise. 
Although instances of physical abuse appear to have declined, there 
were credible reports of extortion of migrants by border officials.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through free and fair elections held on the basis of universal suffrage 
and by secret ballot every 4 years. The independent Supreme Electoral 
Tribunal ensures the integrity of elections, and the authorities and 
citizens respect election results. The Constitution bars the President 
from seeking reelection, and Assembly members may seek reelection only 
after at least one term out of office. In the 1998 elections, President 
Rodriguez's Social Christian Unity Party won a plurality in the 
Legislative Assembly, winning 27 of 57 seats. The National Liberation 
Party (PLN) won 23 seats, the Democratic Force won 3 seats, and 4 minor 
parties--the Labor Action, National Integration, Costa Rican 
Renovation, and Libertarian Movement parties--each won 1 seat.
    Women encounter no legal impediments to their participation in 
politics. Although underrepresented overall, women are represented 
increasingly in leadership positions in the Government and political 
parties. Both vice presidents (who are also cabinet members), the 
Minister of Justice, the Minister of Women's Affairs, and 11 
legislative assembly deputies are women. Sonia Picado, leader of the 
PLN, the principal opposition party, is also a woman. Former Assembly 
Deputy Sandra Piszk continues as Ombudsman, a key autonomous post 
created in 1993 to protect the rights and interests of citizens in 
their dealings with the Government, and Linette Saborio remains the 
Director General of the judicial investigative organization. The PUSC 
mandated that a minimum of 40 percent of posts in party councils be 
occupied by women and created the new Ministry of Women's Affairs, 
headed by Dr. Yolanda Ingianna Mainieri. In 1998 female legislators 
formed the Foundation of Women Parliamentarians of Costa Rica to 
commemorate the 45th anniversary of the first female members of the 
Assembly. The group's principal focus is promoting women's involvement 
in politics, but it also works for a number of social objectives, 
including the decentralization of government.
    Indigenous people may participate freely in politics and 
government. In practice, they have not played significant roles in 
these areas, except on issues directly affecting their welfare, largely 
because of their relatively small numbers andphysical isolation. 
Nonetheless, they account for about 1 percent of the population, and 
their approximately 20,000 votes constitute an important swing vote in 
national elections. None of the 57 members of the National Assembly 
identifies himself as indigenous. There are two black members of the 
Assembly. The country's 100,000 blacks, largely resident on the 
Caribbean coast, enjoy full rights of citizenship, including the 
protection of laws against racial discrimination.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Various human rights groups operate without government restriction, 
investigating and publishing their findings on human rights cases. 
Government officials are cooperative and responsive to their views. The 
Costa Rican Commission for Human Rights, the Commission for the Defense 
of Human Rights in Central America, and the Family and Friends of 
Political Prisoners of Costa Rica monitor and report on human rights, 
as does the Ombudsman's office.
    The Legislative Assembly elects the Ombudsman for a 4-year, 
renewable term. The Ombudsman's office is part of the legislative 
branch, ensuring a high degree of independence from the executive 
branch. The law provides for the functional, administrative, and 
judgmental independence of the Ombudsman's office, which is held by 
Sandra Piszk.
    Several international organizations concerned with human rights, 
including the Inter-American Institute for Human Rights and the Inter-
American Court of Human Rights, are located in San Jose.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution pronounces all persons equal before the law, and 
the Government generally respects these provisions.
    Women.--The Government has identified domestic violence against 
women and children as a serious societal problem. The authorities have 
incorporated training on handling domestic violence cases into the 
basic training course for new police personnel. The Law Against 
Domestic Violence classifies certain acts of domestic violence as 
crimes and mandates their prosecution. An old law permits a judge to 
pardon a man accused of statutory rape if the perpetrator intends to 
marry the victim, she and her family acquiesce, and the National 
Institute for Children does not object; however, this law has not been 
applied in recent years. The domestic violence law requires public 
hospitals to report cases of female victims of domestic violence. It 
also denies the perpetrator possession of the family home in favor of 
the victim. Television coverage of this issue has increased in news 
reporting, public service announcements, and feature programs. Reports 
of violence against women have increased, likely reflecting a greater 
willingness of victims to report abuses rather than an actual increase 
in instances of violence against women. The public prosecutor, police, 
and the Ombudsman all have offices dedicated to this problem. The law 
against sexual harassment in the work place and educational 
institutions seeks to prevent and punish sexual harassment in those 
environments.
    Prostitution and sex tourism are both legal. The prohibition 
against trafficking in women for the purpose of prostitution was made 
stricter by a statute that went into effect on August 17, although 
there have been only infrequent and isolated cases in the past (see 
Section 6.f.).
    Women constitute 50.1 percent of the population. Upon forming his 
cabinet, newly elected President Rodriguez created the Ministry of 
Women's Affairs. The 1990 Law for the Promotion of the Social Equality 
of Women not only prohibits discrimination against women but also 
obligates the Government to promote political, economic, social, and 
cultural equality. In March 1996, the Government's National Center for 
the Development of Women and the Family presented its 3-year National 
Plan for Equality of Opportunity between Women and Men. The plan is 
based in great measure on the Platform for Action adopted at the Fourth 
World Conference on Women in Beijing in 1995.
    According to the United Nations Development Program (UNDP) 1999 
Human Development Report, women represent 31 percent of the labor 
force. Most women work in the services sector, with others working in 
industry and agriculture. While laws require that women and men receive 
equal pay for equal work, averagesalaries for women remain somewhat 
below those of male counterparts. According to 1997 UNDP data, women 
occupy 45 percent of executive, management, and technical positions. 
The average life expectancy for women has increased by 14 years since 
the early 1970's to 79.2 years, higher than the 74.5-year average for 
men.
    Children.--The Government is committed to children's rights and 
welfare through well-funded systems of public education and medical 
care. The Government spends over 5 percent of GDP on medical care. In 
June 1998, the Legislative Assembly passed a constitutional amendment 
increasing spending on education from 4 percent to 6 percent of GDP. 
The country has a high rate of literacy (95 percent) and a low rate of 
infant mortality (14 persons per 1,000). The law requires 6 years of 
primary and 3 years of secondary education for all children. There is 
no difference in the treatment of girls and boys in education or in 
health care services. The autonomous National Institute for Children 
(PANI) oversees implementation of the Government's programs for 
children. In December 1996, the Assembly passed a law strengthening 
PANI's role in protecting and promoting the rights of children, in 
accordance with the precepts of the U.N. Convention on the Rights of 
the Child.
    In recent years, the PANI has increased public awareness of crimes 
against children. For the period from January to June, the Institute 
intervened in 2,154 cases of abandonment, 671 cases of physical abuse, 
468 cases of sexual abuse, and 680 cases of psychological abuse of 
children. (Psychological abuse cases increased sharply because the 1997 
Code of Childhood and Adolescence redefined such abuse and increased 
awareness of it.) Abuses appear to be more prevalent among poor, less-
educated families. Traditional attitudes and the inclination to treat 
such crimes as misdemeanors sometimes hamper legal proceedings against 
those who commit crimes against children.
    In February 1996, the PANI announced a comprehensive plan to 
improve the conditions of the poorest children. According to Institute 
estimates, 19 percent of children between the ages of 5 and 17 are 
employed in domestic tasks, while 15 percent work outside the home. The 
Government, police sources, and representatives of the United Nations 
Children's Fund acknowledge that child prostitution is a growing 
problem. Although no official statistics exist, the PANI has identified 
street children in the urban areas of San Jose, Limon, and Puntarenas 
as being at the greatest risk. The PANI estimates that as many as 3,000 
children in metropolitan San Jose are involved in prostitution. On July 
29, the Legislative Assembly passed a law making it a crime to engage 
in prostitution with minors. The Government took steps to enforce this 
law, and has raided brothels and arrested clients.
    People with Disabilities.--The 1996 Equal Opportunity for Persons 
with Disabilities Law prohibits discrimination, provides for health 
care services, and mandates provision of access to buildings for 
persons with disabilities. This law is not enforced widely, and many 
buildings remain inaccessible to persons with disabilities. 
Nonetheless, a number of public and private institutions have made 
individual efforts to improve access. The PANI and the Ministry of 
Education published specific classroom guidelines for assisting 
children with hearing loss, motor difficulties, attention deficit 
disorder, and mental retardation.
    Indigenous People.--The population of about 3.5 million includes 
nearly 40,000 indigenous people among 8 ethnic groups. Most live in 
traditional communities on 22 reserves which, because of their remote 
location, often lack access to schools, health care, electricity, and 
potable water. The Government, through the National Indigenous 
Commission, completed distribution of identification cards to 
facilitate access to public medical facilities. The Government also 
built a medical clinic and several community health centers in 
indigenous areas. The Ombudsman has established an office to 
investigate violations of the rights of indigenous people.
Section 6. Worker Rights
    a. The Right of Association.--The law specifies the right of 
workers to join unions of their choosing without prior authorization, 
although barriers exist in practice. About 15 percent of the work force 
is unionized,almost entirely in the public sector. Unions operate 
independently of government control.
    Some trade union leaders contend that ``solidarity'' associations, 
in which employers provide access to credit unions and savings plans in 
return for agreement to avoid strikes and other types of confrontation, 
infringe upon the right of association. After the International Labor 
Organization (ILO) Committee on Freedom of Association ruled that 
solidarity associations and their involvement in trade union activities 
violated freedom of association, the Government amended the Labor Code 
in 1993. The following year, the ILO Committee of Experts (COE) ruled 
that these and other planned changes fostered greater freedom of 
association. In 1995 the COE encouraged the Government to approve 
legislation to allow unions to administer compensation funds for 
dismissed workers and to repeal labor code provisions restricting the 
right to strike in certain nonessential public, agricultural, and 
forestry sectors. In June 1998, the Rerum Novarum Workers Confederation 
complained about government noncompliance with commitments to protect 
worker rights but withdrew the complaint after the Rodriguez 
administration asked for a reasonable period to demonstrate its 
commitment to worker rights. Some labor unions did not support the 
complaint because they believed that it interfered with the 
administration's national reconciliation process; Rerum Novarum 
considers the complaint still to be active.
    There are no restrictions on the right of private sector workers to 
strike, but very few workers in this sector belong to unions. 
Accordingly, private sector strikes rarely occur. The Constitution and 
Labor Code restrict the right of public sector workers to strike. 
However, in February 1998, the Supreme Court formally ruled that public 
sector workers, except those in essential positions, have the right to 
strike. Even before this ruling, the Government had removed penalties 
for union leaders participating in such strikes.
    Unions may form federations and confederations and affiliate 
internationally.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution protects the right to organize. Specific provisions of the 
1993 Labor Code reforms provide protection from dismissal for union 
organizers and members during union formation. The revised provisions 
require employers found guilty of discrimination to reinstate workers 
fired for union activities.
    Public sector workers cannot engage in collective bargaining 
because the Public Administration Act of 1978 makes labor law 
inapplicable in relations between the Government and its employees. 
However, the Supreme Court affirmed their right to strike (see Section 
6.a.). In August the Government negotiated a wage increase following a 
7-day strike by public sector workers. Private sector unions have the 
legal right to engage in collective bargaining.
    All labor regulations apply fully to the country's nine export 
processing zones (EPZ's). The Labor Ministry oversees labor regulations 
within the EPZ's, but acknowledged that it has only 1 inspector for 
every 30,000 workers.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, and there were no known instances 
of such practices. Laws prohibit forced and bonded labor by children, 
and the Government enforces this prohibition effectively.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution provides special employment protection 
for women and children and establishes the minimum working age at 12 
years, with special regulations in force for workers under the age of 
15. The Legislative Assembly adopted the Code on Childhood and 
Adolescence in December 1997, which includes provisions designed to 
implement the U.N. Convention on the Rights of the Child. The 
Constitution and the Labor Code also provide special employment 
protection for children and establish the minimum working age at 15 
years. Adolescents between the ages of 15 and 18 can work a maximum of 
6 hours daily and 36 hours weekly, while children under age 15 cannot 
work legally. The PANI, in cooperation with the Labor Ministry, 
generally enforces these regulations in the formal sector. The Ministry 
of Labor reported that up to 147,000 children between 5 and 17 years of 
age are employed. With help from the ILO, the LaborMinistry is working 
to phase out child labor and has asked employers of children to notify 
the Ministry of such employment. Due to limited government resources 
for enforcement, some children work on the fringes of the formal 
economy in excess of these limits. After two adolescents died from 
chemical poisoning while working on banana plantations in 1993, the 
authorities prohibited employment of youths under the age of 18 in the 
banana industry. Nonetheless, child labor remains an integral part of 
the informal economy, which employs a significant proportion of the 
labor force. Laws prohibit forced and bonded labor by children, and the 
Government enforces this prohibition effectively (see Section 6.c.).
    e. Acceptable Conditions of Work.--The Constitution provides for a 
minimum wage. A National Wage Council, composed of three members each 
from government, business, and labor, sets minimum wage and salary 
levels for all sectors. Monthly minimum wages, last adjusted in July 
for the private sector, range from $132 (38,303 colones) for domestic 
employees to $640 (185,653 colones) for some professionals. Public 
sector negotiations, based on private sector minimum wages, normally 
follow the settlement of private sector negotiations. The Ministry of 
Labor effectively enforces minimum wages in the San Jose area, but does 
so less effectively in rural areas. Especially at the lower end of the 
wage scale, the minimum wage is insufficient to provide a worker and 
family a decent standard of living.
    The Constitution sets workday hours, overtime remuneration, days of 
rest, and annual vacation rights. Although often circumvented in 
practice, it also requires compensation for discharge without due 
cause. Generally, workers may work a maximum of 8 hours during the day 
and 6 at night, up to weekly totals of 48 and 36 hours, respectively. 
Nonagricultural workers receive an overtime premium of 50 percent of 
regular wages for work in excess of the daily work shift. However, 
agricultural workers do not receive overtime pay, if they voluntarily 
work beyond their normal hours. Little evidence exists that employers 
coerce employees to perform such overtime.
    A 1967 law on health and safety in the workplace requires 
industrial, agricultural, and commercial firms with 10 or more workers 
to establish a joint management-labor committee on workplace conditions 
and allows the Government to inspect workplaces and to fine employers 
for violations. Most firms subject to the law establish such committees 
but either do not use the committees or neglect to turn them into 
effective instruments for improving workplace conditions. While workers 
have the right to leave work if conditions become dangerous, workers 
who do so may find their jobs in jeopardy unless they file written 
complaints with the Labor Ministry. Due partly to budgetary 
constraints, the Ministry has not fielded enough labor inspectors to 
ensure consistent maintenance of minimum conditions of safety and 
sanitation, especially outside San Jose. However, the Ministry of Labor 
has decided to improve the labor inspection function on a priority 
basis.
    f. Trafficking in Persons.--The law prohibits trafficking in women 
for the purpose of prostitution, and on August 17, a statute went into 
effect that strengthens this prohibition. There have been only 
infrequent and isolated cases of trafficking in women in the past (also 
see Section 5). A local NGO reports that girls from Costa Rica have 
been transported through Central America and Mexico to work in the sex 
trade in the United States, Canada, and Europe. There were also reports 
of girls from the Philippines being trafficked to Costa Rica to work in 
the sex trade. Local authorities lack the resources necessary to tackle 
this problem; there is little in the way of government protection, aid, 
or educational campaigns for persons who have been trafficked to or 
from the country.
                                 ______
                                 

                                  CUBA

    Cuba is a totalitarian state controlled by President Fidel Castro, 
who is Chief of State, Head of Government, First Secretary of the 
Communist Party, and commander in chief of the armed forces. President 
Castro exercises control over all aspects of Cuban life through the 
Communist Party and its affiliated mass organizations, the government 
bureaucracy, and the state security apparatus. The Communist Party is 
the only legal political entity, and President Castro personally 
chooses the membership of the Politburo, the select group that heads 
the party. There are no contested elections for the 601-member National 
Assembly of People's Power (ANPP), which meets twice a year for a few 
days to rubber stamp decisions and policies already decided by the 
Government. The Party controls all government positions, including 
judicial offices. The judiciary is completely subordinate to the 
Government and to the Communist Party.
    The Ministry of Interior is the principal organ of state security 
and totalitarian control. Officers of the Revolutionary Armed Forces 
(FAR), which are led by President Castro's brother Raul, have been 
assigned to the majority of key positions in the Ministry of Interior 
in recent years. In addition to the routine law enforcement functions 
of regulating migration and controlling the Border Guard and the 
regular police forces, the Interior Ministry's Department of State 
Security investigates and actively suppresses opposition and dissent. 
It maintains a pervasive system of vigilance through undercover agents, 
informers, the rapid response brigades, and the Committees for the 
Defense of the Revolution (CDR's). While the Government traditionally 
used the CDR's to mobilize citizens against dissenters, impose 
ideological conformity, and root out ``counterrevolutionary'' behavior, 
economic problems have reduced the Government's ability to reward 
participation in the CDR's and hence the willingness of citizens to 
participate in them, thereby lessening the CDR's effectiveness. Other 
mass organizations also inject government and Communist Party control 
into citizens' daily activities at home, work, and school. Members of 
the security forces committed serious human rights abuses.
    The Government continued to control all significant means of 
production and remained the predominant employer, despite permitting 
some carefully controlled foreign investment in joint ventures with the 
Government. In most cases, foreign employers are allowed to contract 
workers only through state agencies, which receive hard currency 
payments for the workers' labor but in turn pay the workers a small 
fraction of this, usually 5 percent, in local currency. In May 1998, 
the Government retracted some of the changes that had led to the rise 
of legal nongovernmental business activity when it further tightened 
restrictions on the self-employed sector by reducing the number of 
categories allowed and by exacting relatively high taxes on self-
employed persons. In August the Government's official press reported 
that the number of self-employed persons was 166,000, an increase from 
the fewer than 150,000 reported in 1998, when the number of self-
employed persons was estimated to have dropped by one-fourth from 1997. 
According to official figures published in December, the economy grew 
6.2 percent during the year. Despite this growth, overall economic 
output remains below the levels prior to the drop of at least 35 
percent in gross domestic product that occurred in the early 1990's due 
to the inefficiencies of the centrally controlled economic system; the 
loss of billions of dollars of annual Soviet bloc trade and Soviet 
subsidies; the ongoing deterioration of plants, equipment, and the 
transportation system; and the continued poor performance of the 
important sugar sector. The 1998-99 sugar harvest was marginally better 
than the 1997-98 harvest, considered to have been the worst in more 
than 50 years. For the ninth straight year, the Government continued 
its austerity measures known as the ``special period in peacetime.'' 
Agricultural markets, legalized in 1994, provide consumers wider access 
to meat and produce, although at prices beyond the reach of most 
citizens living on peso-only incomes or pensions. Given these 
conditions, the flow of hundreds of millions of dollars in remittances 
from the exile community significantly helps those who receive dollars 
to survive. Tourism remained a key source of revenue for the 
Government. The system of ``tourist apartheid'' continued, with foreign 
visitors who pay in hard currency receiving preference over citizens 
for food, consumer products, and medical services. Citizens remain 
barred from tourist hotels, beaches, and resorts.
    The Government's human rights record remained poor. It continued 
systematically to violate fundamental civil and political rights of its 
citizens. Citizens do not have the right to change their government 
peacefully. Unlike in 1998, there were no credible reports of death due 
to excessive use of force by the police. However, members of the 
security forces and prison officials continued to beat and otherwise 
abuse detainees and prisoners. The Government failed to prosecute or 
sanction adequately members of the security forces and prison guards 
who committed abuses. Prison conditions remained harsh. The authorities 
routinely continued to harass, threaten, arbitrarily arrest, detain, 
imprison, and defame human rights advocates and members ofindependent 
professional associations, including journalists, economists, doctors, 
and lawyers, often with the goal of coercing them into leaving the 
country. The Government used internal and external exile against such 
persons, and it offered political prisoners the choice of exile or 
continued imprisonment. The Government denied political dissidents and 
human rights advocates due process and subjected them to unfair trials. 
The Government infringed on citizens' privacy rights. The Government 
denied citizens the freedoms of speech, press, assembly, and 
association. It limited the distribution of foreign publications and 
news to selected party faithful and maintained strict censorship of 
news and information to the public. The Government restricts some 
religious activities but permits others. Before and after the January 
1998 visit of Pope John Paul II, the Government permitted some public 
processions on feast days, and reinstated Christmas as an official 
holiday, but it has not responded to the papal appeal that the Church 
be allowed to play a greater role in Cuban society. During the year, 
the Government allowed about 15 new priests to enter the country; 
however, the applications of many priests and religious workers 
remained pending, and some visas were issued for periods of only 3 to 6 
months. The Government kept tight restrictions on freedom of movement, 
including foreign travel. The Government was sharply and publicly 
antagonistic to all criticism of its human rights practices and sought 
to discourage and thwart foreign contacts with human rights activists. 
The Government publicly stated before the Ibero-American Summit in 
November that visiting delegations were free to meet with any person in 
the country, and about 20 dissidents met with 9 different delegations, 
including 3 heads of state. However, prior to the summit, the 
Government temporarily detained a number of human rights activists to 
prevent them from preparing for meetings with the visiting leaders and 
also detained independent journalists to prevent them from covering the 
event. Violence against women is a problem, as is child prostitution. 
Racial discrimination often occurs. The Government severely restricted 
worker rights, including the right to form independent unions. The 
Government employs forced labor, including that by children.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of politically motivated killings. Unlike in 1998, during the 
year there were no credible reports of deaths due to the excessive use 
of force by the national police. Government sanctions against 
perpetrators were light or nonexistent in the cases of deaths due to 
excessive use of force during 1998. There were no reports of proper 
investigations into the 1998 deaths of Wilfredo Martinez Perez, Yuset 
Ochoterena and Reinery Marrera Toldedo.
    In October 1996, the Inter-American Commission on Human Rights 
(IACHR) issued its final report on the Government's July 13, 1994 
sinking of the ``13th of March'' tugboat, which killed 41 persons, 
including women and children. The IACHR concluded that the Government 
violated the American Declaration on the Rights and Duties of Man and 
found the Government legally obligated to indemnify the survivors and 
the relatives of the victims for the damages caused. At year's end, the 
Government still had not done so. The Government detained a number of 
human rights activists to prevent them from participating in a Mass in 
memory of the victims on the anniversary of the deaths (see Sections 
1.d. and 2.c.).
    In March the Government announced that a Havana court sentenced 
Salvadoran citizen Raul Ernesto Cruz Leon to death for terrorism. The 
authorities arrested Cruz Leon in September 1997 and charged him with 
being the ``material author'' of the killing of an Italian tourist that 
month with a bomb, one of a series of explosions in Havana. In April 
the court sentenced a second Salvadoran citizen, Otto Rene Rodriguez 
Llerena, to death in the same case. Neither man was executed by year's 
end. The authorities also held two Guatemalan citizens in custody in 
the case; they awaited trial at year's end.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits abusive treatment of detainees 
and prisoners; however, there were instances in which members of the 
security forces beat and otherwise abused human rights advocates, 
detainees, and prisoners. There have been numerous reports of 
disproportionate police harassment of black youths (see Section 5).
    On January 26, police approached 16-year-old Yusel Vidal Mejias and 
his friends, who were hanging on to a gasoline truck while riding their 
bicycles at about 11:00 p.m. The youths dispersed upon seeing the 
police, but police apprehended Vidal and severely beat him. Since Vidal 
had no identity documents, the police took him to the local police 
station, where the police told the registration official that he was a 
``ninja'' (a popular expression referring to thieves who use acrobatic 
maneuvers to mount a moving truck and then proceed to throw bags of 
rice or beans onto another moving vehicle). Vidal's father, Jose Vidal 
Crossa, told of his son's arrest by friends and neighbors, reached the 
police station after midnight, and after nearly an hour's wait, secured 
his son's release. The father took the boy to the nearest hospital, 
where a doctor diagnosed him as having suffered ``severe contusions of 
the right elbow, of the right knee, and multiple hematomas of the 
back.'' On January 27, the father met with the chief of police, who 
admitted that the police officer used excessive force and said that the 
officer would no longer have any duties related to street patrols. 
Citing a radio statement by the Director of Prisons of the Ministry of 
Interior (MININT) in 1996 that no prisoner in Cuba is mistreated, the 
father officially requested that the military prosecutor investigate 
the case and prosecute the police officer. There was no response from 
the Government as of year's end.
    On August 14, police detained Dr. Oscar Elias Biscet Gonzalez, 
president of the Lawton Human Rights Foundation (FLDH), and other 
activists as they were going to a public park to demonstrate (see 
Section 2.b.). At the police station, a policeman punched Biscet in the 
face while another crushed his burning cigarette on Biscet's elbow when 
Biscet said, ``God loves you.'' It was not known whether the Government 
ever sanctioned the two policemen responsible for the cigarette burn 
and for striking Dr. Biscet in the face.
    The Government continued to subject those who disagreed with it to 
``acts of repudiation.'' At government instigation, members of state-
controlled mass organizations, fellow workers, or neighbors of intended 
victims are obliged to stage public protests against those who dissent 
with the Government's policies, shouting obscenities and often causing 
damage to the homes and property of those targeted; physical attacks on 
the victims sometimes occur. Police and state security agents are often 
present but take no action to prevent or end the attacks. Those who 
refuse to participate in these actions face disciplinary action, 
including loss of employment. During the year, there were no massive 
acts of repudiation directed against the homes of particular human 
rights activists; however, there were smaller-scale acts of 
repudiation, known as ``reuniones relampagos,'' or ``lightning fast 
meetings.''
    On October 28, in a press conference at his residence, Dr. Biscet 
announced plans for a protest march. Participants in the press 
conference were subjected to verbal abuse from a crowd in which 
observers noted the presence of security police in civilian clothes 
(see Section 2.b.). On November 10, this publicly announced nonviolent 
protest march from Dolores Park to Butari Park in the Lawton section of 
Havana was repressed when a crowd booed, chased, and struck three 
protesters. On November 12, Moises Rodriguez Quesada allowed his house 
to be used for a meeting of nongovernmental organizations (NGO's) (see 
Section 2.b.). On November 22, a small crowd threw stones for about 30 
minutes at a metal door on the side of Rodriguez's house. Independent 
journalists also were subjected to acts of repudiation (see Section 
2.a.).
    Prison conditions continued to be harsh, and conditions in 
detention facilities also are harsh. The Government claims that 
prisoners have rights, such as family visitation, adequate nutrition, 
pay for work, the right to request parole, and the right to petition 
the prison director. However, police and prison officials often denied 
these rights and used beatings, neglect, isolation, and denial of 
medical attention against detainees and prisoners, including those 
convicted of political crimes or those who persisted in expressing 
their views. Human Rights Watch reported that in February the 
Government revised the Penal Code to provide that prisoners ``cannot be 
subjected to corporal punishment, nor is it permitted to employ any 
means against them to humiliate them or to lessen their dignity''; 
however, the revised code failed to establish penalties for committing 
such acts. There are separate prison facilities for women and for 
minors.
    Prison officials regularly denied prisoners other rights, such as 
the right to correspondence, and continued to confiscate medications 
and food brought by family members for political prisoners. State 
security officials in Havana's Villa Marista prison took medications 
brought by family members for inmates and then refused to give the 
detainees the medicine, despite repeated assurances that they would. 
Prison authorities also routinely denied religious workers access to 
detainees and prisoners.
    The rights to adequate nutrition and medical attention while in 
prison also were violated regularly. In 1997 the IACHR described the 
nutritional and hygienic situation in the prisons, together with the 
deficiencies in medical care, as ``alarming.'' Both the IACHR and the 
former U.N. Special Rapporteur on Cuba, as well as other human rights 
monitoring organizations, reported the widespread incidence in prisons 
of tuberculosis, scabies, hepatitis, parasitic infections, and 
malnutrition.
    Prison guards and state security officials also subjected human 
rights and prodemocracy activists to threats of physical violence; to 
systematic psychological intimidation; and to detention or imprisonment 
in cells with common and violent criminals, sexually aggressive 
inmates, or state security agents posing as prisoners. In May in the 
Guamajal prison in Villa Clara, a common prisoner named Soria 
physically attacked political prisoner Cecilio Monteagudo Sanchez, at 
the instigation of prison authorities. According to witnesses, prison 
official Jose Luis Collado was responsible for this attack.
    Political prisoners are required to comply with the rules for 
common criminals and often are punished severely if they refuse. 
Detainees and prisoners often are subjected to repeated, vigorous 
interrogations designed to coerce them into signing incriminating 
statements, to force collaboration with authorities, or to intimidate 
victims.
    Despite international appeals for their release, after 17 months of 
detention without charges, the four leaders of the dissident working 
group--economists Vladimiro Roca Antunez and Marta Beatriz Roque 
Cabello, engineer Felix Antonio Bonne Carcasses, and lawyer Rene Gomez 
Manzano--were accused of sedition in November 1998 and convicted in 
March 1999 after a 1-day, closed trial. On July 16, one of the four, 
Marta Beatriz Roque, began to refuse all solid food and threatened to 
begin a complete hunger strike on September 2 if the Government did not 
answer the appeal she filed after the trial (see Section 1.e.). 
However, after promising her a quick response, the Government instead 
transferred Roque to a government-owned safehouse where she was kept in 
isolation for several months.
    In June in the provincial prison of Guantanamo, prison authorities 
placed Alexander Taureaux Balvier in solitary confinement after he 
complained about the prison authorities' arbitrary decision to reduce 
family visits, including those by his mother, to 5 minutes. On June 29, 
common prisoners demonstrated against the mistreatment of Taureaux, and 
in response, the prison authorities called in the special brigade riot 
police for help. The demonstration did not become violent, and no one 
was injured in the incident.
    On July 5, in a note smuggled out of the Combinado del Este prison 
in Havana, political prisoner Francisco Chaviano Gonzalez described the 
mistreatment that he said prison officials directed at him. According 
to Chaviano, prison authorities confined him to his cell without 
allowing him to mix with other prisoners or to exercise in the open 
court with other prisoners. He added that this was the third time 
during the last 3 months that he was isolated in his cell. Chaviano 
speculated that this treatment was in retaliation for a letter he wrote 
to Fidel Castro criticizing the arbitrariness of his detention and 
trial. In September Chaviano reportedly again was placed in isolation 
after a heated conversation with a prison official.
    On August 15, prison authorities in Canaleta, Ciego de Avila 
province, placed Luis Campo Corrales (who was sentenced to 25 years' 
imprisonment for piracy of a boat and another year for ``disrespect'') 
in isolation (known as a ``punishment cell'') for reportedly 
complaining about prison conditions. Witnesses reported that the cell 
in which he was placed previously was occupied by a prisoner infected 
with the HIV virus. According to these witnesses, prison authorities 
stripped Campo of all his clothes before confining him in the cell.
    In September prison authorities in Ciego de Avila forced the 
parents of imprisoned journalist Joel Diaz Hernandez to submit to a 
strip search following a visit to their son (see Section 2.a.).
    The Government does not permit independent monitoring of prison 
conditions by international or national human rights monitoring groups. 
The Government has refused prison visits by the International Committee 
of the Red Cross (ICRC) since 1989 and continued to refuse requests to 
renew such visits. Nonetheless, human rights activists continued to 
seek information onconditions inside jails despite the risks to 
themselves and to their prison sources.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention continued to be problems, and they remained the Government's 
most effective weapons to harass opponents. The Law of Penal Procedures 
requires police to file formal charges and either release a detainee or 
bring the case before a prosecutor within 96 hours of arrest. It also 
requires the authorities to provide suspects with access to a lawyer 
within 7 days of arrest. However, the Constitution states that all 
legally recognized civil liberties can be denied to anyone who actively 
opposes the ``decision of the Cuban people to build socialism.'' The 
authorities invoke this sweeping authority to deny due process to those 
detained on purported state security grounds.
    The authorities routinely engage in arbitrary arrest and detention 
of human rights advocates, subjecting them to interrogations, threats, 
and degrading treatment and conditions for hours or days at a time.
    In January security agents temporarily detained independent 
journalist Omar Rodriguez Saludes and Jose Orlando Gonzalez Bridon, 
president of an independent labor organization, after they had lunch 
with a group of visiting foreign former legislators. On January 14, 
police temporarily detained about a dozen prodemocracy activists in 
Havana to prevent them from holding a public event in honor of Martin 
Luther King (see Section 2.b.). According to Human Rights Watch, in 
late January, police detained several members of the FLDH, including 
Dr. Biscet, the group's leader, for 4 to 6 days. The detentions 
prevented the FLDH members from participating in a January 25 
celebration of the first anniversary of the Pope's 1998 visit to the 
country (see Section 2.c.).
    In February state security officials detained a number of 
prodemocracy activists in various parts of the country to prevent them 
from commemorating the anniversary of the shootdown of two civilian 
airplanes over international airspace by the air force in 1996 (see 
Section 2.b.). In late February and early March, the Government 
temporarily detained nearly 100 prodemocracy activists and placed 
others under house arrest to keep them from expressing support for the 
four members of the Internal Dissident Working Group during their trial 
in March on charges of sedition (see Sections 1.e. and 2.b.).
    On July 13, the police arrested Marcel Valenzuela Salt, a member of 
the Organization of Fraternal Brothers for Dignity, and 5 other persons 
while the 6 were en route to a church in Guanabacoa to attend a Mass in 
honor of the 41 persons who drowned when the Border Guard sank the 
tugboat ``13th of March'' (see Section 1.a.). Police officers detained 
all six persons and confiscated the truck driven by Valenzuela, even 
though the truck's papers clearly indicated that Valenzuela's father 
was the owner. Despite various attempts to have the truck returned to 
its rightful owner, police refused to do so. The truck finally was 
returned to its rightful owner in November. On August 15, police 
prevented human rights activists, including lawyer Leonel Morejon 
Almagro, leader of the environmental group Naturpaz and founder of 
Concilio Cubano, from meeting in Lenin Park, and confiscated Morejon's 
car (see Section 2.b.).
    On September 8, security police told a number of human rights 
activists not to attend the annual procession in honor of the Virgin of 
Charity (see Section 2.c.). On the same day, police prevented some 
activists from meeting to discuss the formation of a forum on civil 
society. On October 19, security police prevented members of various 
organizations from organizing the Third Millennium Forum. These 
organizations intended to present a unified position on various 
domestic issues to delegations attending the Ninth Ibero-American 
Summit in Havana on November 15 and 16.
    On October 21, the Cuban Commission for Human Rights and National 
Reconciliation issued a press release alerting the international 
community to the growing number of human rights activists being 
detained for short periods. The Commission noted that at least 40 
people were detained for brief periods during the previous 2 weeks. On 
November 10, police arrested leaders of a farmers' organization that 
was preparing a conference for small farmers and agricultural 
operatives on November 12 in Matanzas (see Section 2.b.). These arrests 
were carried out to prevent human rights activists from preparing 
themselves for meetings that they hoped to have with government leaders 
attending the Ibero-American Summit. Also on November 10, police told a 
number of activists not to leave their homes in order to prevent them 
from participating in a planned protest in a public park in the Lawton 
section of Havana. On November 3, a week before the event, the 
authorities detained Dr. Biscet, who had announced the planned protest 
march in an October 28 press conference (see Section 2.b.). At year's 
end, Biscet remained in jail and was under investigation for 
``promoting public disorder.'' In the days priorto a planned meeting of 
NGO's on November 12, authorities detained temporarily or placed under 
house arrest approximately 150 prodemocracy activists (see Section 
2.b.). On November 17, the authorities temporarily detained Biscet's 
wife, Elsa Morejon. On December 9, numerous persons were detained or 
told not to leave their homes on December 10, when human rights 
activists planned to commemorate the 51st anniversary of the Universal 
Declaration of Human Rights (see Section 2.b.). The same thing happened 
on December 16, the day before the popular pilgrimage to the church of 
St. Lazarus in the town of El Rincon outside Havana (see Section 2.c.).
    The Government also arbitrarily arrested and detained independent 
journalists (see Section 2.a.). Independent journalists were told not 
to cover certain meetings and were prevented physically from attending 
the small farmers' conference in Matanzas (see Section 2.a.).
    The Penal Code includes the concept of ``dangerousness,'' defined 
as the ``special proclivity of a person to commit crimes, demonstrated 
by his conduct in manifest contradiction of socialist norms.'' If the 
police decide that a person exhibits signs of dangerousness, they may 
bring the offender before a court or subject him to ``therapy'' or 
``political reeducation.'' Government authorities regularly threaten 
prosecution under this article. Both the U.N. Commission on Human 
Rights (UNCHR) and the IACHR have criticized this concept for its 
subjectivity, the summary nature of the judicial proceedings employed, 
the lack of legal safeguards, and the political considerations behind 
its application. According to the IACHR, the ``special inclination to 
commit crimes'' referred to in the Criminal Code amounts to ``a 
subjective criterion'' used by the Government to justify violations of 
the rights to individual freedom and due process of persons whose sole 
crime has been an inclination to hold a view different from the 
official view. On January 8, a Havana court reaffirmed the 4-year 
prison term for dangerousness imposed in 1998 on Lazaro Constantin 
Duran, leader of the Friends Club of an independent teachers' 
organization. On January 18, independent journalist Jesus Joel Diaz 
Hernandez was sentenced to 4 years' imprisonment for dangerousness (see 
Sections 1.e. and 2.a.). On July 17, a police officer threatened to 
arrest Merino Cabrera, a member of the Human Rights Workers' Party, for 
dangerousness and warned him against continuing his activities. A few 
days later, on July 27, Cabrera found a cardboard coffin on his front 
door with the words: ``Rest in Peace.''
    The Government also used exile as a tool for controlling and 
eliminating the internal opposition. Amnesty International has noted 
that the Government had changed its tactics in dealing with human 
rights advocates, and that rather than arresting them and bringing them 
to trial, the ``tendency'' was to detain them repeatedly for short 
periods and threaten them with imprisonment unless they gave up their 
activities or left the country. The Government used these incremental 
aggressive tactics to compel Leonel Morejon Almagro to leave the 
country on October 19.
    The Government also has pressured imprisoned human rights activists 
and political prisoners to apply for emigration and regularly 
conditioned their release on acceptance of exile. Human Rights Watch 
observed that the Government ``routinely invokes forced exile as a 
condition for prisoner releases and also pressures activists to leave 
the country to escape future prosecution.'' In April the Government 
released independent journalist Reinaldo Alfaro Garcia, who had served 
21 months of a 3-year prison sentence imposed in 1998 for 
``disseminating false news,'' on the condition that he leave the 
country.
    Amnesty International has expressed ``particular concern'' about 
the Government's practice of threatening to charge, try, and imprison 
human rights advocates and independent journalists prior to arrest or 
sentencing if they did not leave the country. According to Amnesty 
International, this practice ``effectively prevents those concerned 
from being able to act in public life in their own country.''
    e. Denial of Fair Public Trial.--The Constitution provides for 
independent courts; however, it explicitly subordinates them to the 
National Assembly of the People's Power and the Council of State, which 
is headed by Fidel Castro. The ANPP and its lower level counterparts 
choose all judges. The subordination of the courts to the Communist 
Party, which the Constitution designates as ``the superior directive 
force of the society and the State,'' further compromises the 
judiciary's independence.
    Civil courts exist at municipal, provincial, and supreme court 
levels. Panels composed of a mix of professionally certified and lay 
judges preside over them. Military tribunals assume jurisdiction for 
certain counterrevolutionary cases.
    The law and trial practices do not meet international standards for 
fair public trials. Almost all cases are tried in less thana day; there 
are no jury trials. While most trials are public, trials are closed 
when state security allegedly is involved. Prosecutors may introduce 
testimony from a CDR member as to the revolutionary background of a 
defendant, which may contribute to either a longer or a shorter 
sentence. The law recognizes the right of appeal in municipal courts 
but limits it in provincial courts to cases such as those involving 
maximum prison terms or the death penalty. Appeals in death penalty 
cases are automatic. The death penalty ultimately must be affirmed by 
the Council of State.
    Criteria for presenting evidence, especially in cases of human 
rights advocates, are arbitrary and discriminatory. Often the sole 
evidence provided, particularly in political cases, is the defendant's 
confession, usually obtained under duress and without the legal advice 
or knowledge of a defense lawyer. The authorities regularly deny 
defendants access to their lawyers until the day of the trial. Several 
dissidents who have served prison terms reported that they were tried 
and sentenced without counsel and were not allowed to speak on their 
own behalf. Amnesty International has concluded that ``trials in all 
cases fall far short of international standards for a fair trial.''
    The law provides the accused with the right to an attorney, but the 
control that the Government exerts over the livelihood of members of 
the state-controlled lawyers' collectives--especially when they defend 
persons accused of state security crimes--compromises their ability to 
represent clients. Attorneys have reported reluctance to defend those 
charged in political cases due to fear of jeopardizing their own 
careers.
    Human rights monitoring groups inside the country estimate the 
number of political prisoners at between 350 and 400 persons. The 
authorities have imprisoned such persons on charges such as 
disseminating enemy propaganda, illicit association, contempt for the 
authorities (usually for criticizing Fidel Castro), clandestine 
printing, or the broad charge of rebellion, often brought against 
advocates of peaceful democratic change.
    On March 1, in a 1-day trial, a court in Havana convicted the four 
members of the Internal Dissident Working Group--Vladimiro Roca 
Antunez, Marta Beatriz Roque Cabello, Felix Antonio Bonne Carcasses, 
and Rene Gomez Manzano--of ``acts against the security of the State in 
relation to the crime of sedition.'' The four had been detained since 
July 1997, when they were arrested for expressing peacefully their 
disagreement with the Government. In 1997 the group had sought support 
from the international community for its concept of peaceful dissent 
from the Government's policies and publicly distributed a paper, ``The 
Homeland Belongs to All,'' which presented a moderate response to the 
platform released by the Communist Party for its Fifth Party Congress. 
The Working Group also made a public appeal to citizens to abstain from 
participating in national elections (voting is not mandatory). On March 
15, the government television station announced the following prison 
sentences for the four: 5 years for Vladimiro Roca, 4 years for Felix 
Bonne and Rene Gomez, and 3\1/2\ years for Marta Beatriz Roque. All 
four appealed their convictions. On July 16, Roque began to refuse all 
solid food and later threatened to begin a full-scale hunger strike, to 
protest the Government's lack of response to her appeal. In September 
she ended the hunger strike after the Government promised to respond; 
however, the Government did not respond to the appeals of any of the 
four by year's end.
    Others convicted on political charges during the year included 
independent journalists Manuel Antonio Gonzalez Castellanos, who was 
sentenced on May 6 to 2 years and 7 months' imprisonment for ``contempt 
for authority'' (see section 2.a.). On January 19, a court sentenced 
journalist Jesus Joel Diaz Hernandez to 4 years' imprisonment for 
``dangerousness'' (see Sections 1.d. and 2.a.).
    According to human rights monitoring groups inside the country, the 
number of political prisoners increased slightly during the year, in 
contrast to 1998 when the number of political prisoners fell after the 
release of 99 prisoners in response to an appeal by Pope John Paul II 
for clemency.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--Although the Constitution provides for the 
inviolability of a citizen's home and correspondence, official 
surveillance of private and family affairs by government-controlled 
mass organizations, such as the CDR's, remains one of the most 
pervasive and repressive features of Cuban life. The State has assumed 
the right to interfere in the lives of citizens, even those who do not 
actively oppose the Government and its practices. The mass 
organizations' ostensible purpose is to ``improve the citizenry,'' but 
in fact their goal is to discover and discourage nonconformity. Citizen 
participation in these mass organizations has declined; the economic 
crisis both has reduced the Government's ability to provide material 
incentives for their participation and has forced many persons to 
engage inblack market activities, which the mass organizations are 
supposed to report to the authorities.
    The authorities utilize a wide range of social controls. The 
Interior Ministry employs an intricate system of informants and block 
committees (the CDR's) to monitor and control public opinion. While 
less capable than in the past, CDR's continue to report on suspicious 
activity, including conspicuous consumption; unauthorized meetings, 
including those with foreigners; and defiant attitudes toward the 
Government and the revolution.
    The Department of State Security often reads international 
correspondence and monitors overseas telephone calls and conversations 
with foreigners. The Government controls all access to the Internet, 
and all electronic mail messages are subject to censorship. Citizens do 
not have the right to receive publications from abroad, although 
newsstands in foreigners-only hotels and outside certain hard currency 
stores sell foreign newspapers and magazines. The Government continued 
to jam the U.S.-operated Radio Marti and Television Marti. Radio Marti 
broadcasts generally overcame the jamming attempts on shortwave bands, 
but its medium wave transmissions are blocked completely in Havana. The 
Government generally succeeded in jamming Television Marti 
transmissions. Security agents subjected dissidents, foreign diplomats, 
and journalists to harassment and surveillance, including electronic 
surveillance.
    Human Rights Watch reported that in January authorities in Santiago 
notified Margarita Sara Yero of the Independent Press Agency of Cuba 
that she would be evicted from her home, where she had lived for 35 
years (see Section 2.a.). On March 4, Mercedes Moreno, director of the 
New Press Agency, criticized the security forces for their intimidating 
tactics against her and her husband, a former political prisoner, that 
included the illegal entry of her home (see Section 2.a.). On June 18, 
a local security officer in Santiago de Cuba sent a threatening 
message, through a nonpolitical family member, to Rafael Oliva Reyes, 
who offered his house for purposes of conducting a solidarity fast with 
the fasters of Tamarindo 34 in Havana (see Sections 2.b. and 4). On 
June 24, a security agent told Alexis Rodriguez Fernandez, the national 
coordinator of the Cuban Youth Movement for Democracy, that the 
authorities were fully aware of his activities in Havana, such as 
visiting embassies and participating in the Tamarindo 34 fast, and that 
they were preparing a judicial case of dangerousness against him.
    On August 23, security agents forcibly evicted Ramon Humberto Colas 
Castillo, his wife Berta Mexidor Vasquez, their two children, and his 
mother from their house in Las Tunas. The couple had established an 
independent library in their house and worked as independent 
journalists for the Libertad press agency (see Section 2.a.). In 
November authorities evicted independent journalist Nestor Baguer from 
his home (see Section 2.a.).
    The authorities regularly search persons and their homes, without 
probable cause, to intimidate and harass them. State security agents 
searched the homes of hundreds of human rights advocates and 
independent journalists, seizing typewriters, small cassette equipment, 
personal and organizational documents, books, and foreign newspapers. 
The authorities harass and target acts of repudiation at both 
dissidents and their family members. At times those taking part in such 
acts of repudiation invade and damage homes, as well as physically 
attack occupants (see Section 1.c.). Friends and relatives of 
independent journalists also are subjected to harassment (see Section 
2.a.).
    The authorities regularly detained human rights advocates after 
they visited foreign diplomatic missions, confiscated their written 
reports of human rights abuses, and seized copies of foreign newspapers 
and other informational material, including copies of the Universal 
Declaration of Human Rights (UDHR). On November 5, security police 
detained Jose Aquilar Hernandez of the 13th of July movement and 
independent journalist Clara Morales Martinez in Havana. They were 
taken to a police station where they were interrogated about a planned 
November 10 march in the Lawton area of Havana. Security officers also 
confiscated copies of the UDHR that they had in their possession. They 
both were released the next morning.
    In August the president of an independent teachers' group said that 
his son lost his job because of state security interference. He claimed 
that security officials infiltrated an agent among his friends; when 
police found some drugs in the friends' possession, they then tried to 
implicate his son. Based on this, his son, who was the only member of 
the family working, lost his restaurant job. On June 28, Avila Eloina 
Heredia Cervantes of the Cuban Committee for Human Rights in Ciego de 
Avila lost her job at the cafeteria of the central train station in 
Moron. In 1997 she had lost her job in another restaurant.
    There were numerous credible reports of forced evictions of 
squatters and residents who lacked official permission to reside in 
Havana (see Section 5).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Government does not allow 
criticism of the revolution or its leaders. Laws against antigovernment 
propaganda, graffiti, and disrespect of officials carry penalties of 
from 3 months to 1 year in prison. If President Castro or members of 
the National Assembly or Council of State are the objects of criticism, 
the sentence can be extended to 3 years. Charges of disseminating enemy 
propaganda (which includes merely expressing opinions at odds with 
those of the Government) can bring sentences of up to 14 years. In the 
Government's view, such materials as the UDHR, international reports of 
human rights violations, and mainstream foreign newspapers and 
magazines constitute enemy propaganda. Local CDR's inhibit freedom of 
speech by monitoring and reporting dissent or criticism. Police and 
state security officials regularly harassed, threatened, and otherwise 
abused human rights advocates in public and private as a means of 
intimidation and control.
    In January a court in Moron, Ciego de Avila province, sentenced 
Jesus Joel Diaz Hernandez, director of the Cooperative of Independent 
Journalists of Ciego de Avila, to 4 years' imprisonment for 
dangerousness. Human Rights Watch reported that Diaz was accused of 
having met with delinquents and having disturbed the public order. He 
was tried the day after his arrest, making it impossible for him to 
prepare an adequate defense. In May a court in Holguin sentenced 
independent journalist Mario Gonzalez Castellanos, Cubapress 
correspondent in Holguin, to 2\1/2\ years in the Holguin prison known 
as Cuba Si, for showing disrespect to Fidel Castro.
    The Constitution states that print and electronic media are state 
property and cannot become in any case private property. The Communist 
Party controls all media--except a few small church-run publications--
as a means of indoctrinating the public. Even the church-run 
publications are watched closely, denied access to mass printing 
equipment, and subject to governmental pressure. On November 1, in a 
televised speech, President Castro expressed his displeasure with an 
article in the Pinar-based Catholic Church magazine Vitral, mentioning 
the editor by name.
    All media must operate under party guidelines and reflect 
government views. The Government attempts to shape media coverage to 
such a degree that it not only continued to exert pressure on domestic 
journalists, but also sought to increase its pressure on groups 
normally outside the official realm of control, such as visiting 
international correspondents. Resident foreign correspondents reported 
an increase in governmental pressure, including official and informal 
complaints about articles, threatening phone calls, and lack of access 
to officials.
    In February the National Assembly passed the Law to Protect 
National Independence and the Economy. This law outlaws a broad range 
of activities as undermining state security, and toughens penalties for 
criminal activity. Under the law, anyone caught possessing or 
disseminating literature deemed subversive, or supplying information 
that could be used by U.S. authorities in the application of U.S. 
legislation, is subject to fines and to prison terms of 7 to 20 years. 
While many activities between Cuban nationals and foreigners possibly 
could fall within the purview of this new law, it appears to be aimed 
primarily at independent journalists.
    The new law increases the penalties and broadens the definitions of 
activities covered by the 1996 Cuban Dignity and Sovereignty Act, which 
already proscribes citizens from providing information to any 
representatives of the U.S. Government, or seeking any information from 
them, that might be used directly or indirectly in the application of 
U.S. legislation. This includes accepting or distributing any 
publications, documents or other material from any origin, which the 
authorities might interpret as facilitating implementation of such 
legislation.
    No one was charged yet with violating the new law by year's end, 
but all but a handful of independent journalists admitted that its very 
existence had some effect on their activities and their reporting, with 
some calling its passage the most effective form of harassment of the 
press during the year. Many independent journalists were threatened 
either anonymously or openly with arrest and conviction based on the 
new law, some repeatedly over the months since the law took effect. The 
Inter-American Press Association (IAPA) reported that, following the 
release in January of independent journalist Lorenzo Paez Nunez after 
he completed serving an 18-month prison sentence for ``disseminating 
false news,'' authorities repeatedly harassed him and threatened him 
with application of the new law. Cubapress director Raul Rivero 
reported that the authorities picked him up outside the Havana Libre 
Hotel and told him that he and Christian Liberation Movement founder 
Oswaldo Paya Sardinas would be the first to feel the full consequences 
of the law.
    In February National Assembly President Ricardo Alarcon told 
foreign correspondents that under the new law, even reporters working 
for accredited foreign media could be sentenced to up to 20 years in 
prison if the information they publish is deemed to serve U.S. 
interests. Several times during the year, the domestic press, and even 
President Castro in televised speeches, specifically mentioned 
correspondents from international news services and publications as 
being particularly unresponsive to the Government's positions, and 
possibly serving U.S. interests.
    Credible reports indicated that, after several sharp attacks in the 
local press, including accusations of distortion, sensationalism, 
calumny, and manipulation, the Government persuaded a major 
international news agency to replace its bureau chief in Havana by 
promising increased access to government officials if it did so. Two 
other longtime resident foreign correspondents also left under 
difficult circumstances.
    In January state security officials ordered visiting Radio 
Netherlands correspondent Edwin Koopman to leave the country for 
activities inconsistent with his journalism visa. Apparently, 
activities that Koopman was conducting for Pax Christi-Netherlands came 
to the Government's attention, and were given as the reason for his 
expulsion.
    In November security agents and government supporters seriously 
damaged a Cable News Network camera during an attack on dissidents in 
Dolores Park in the Lawton section of Havana. Taped coverage of the 
incident appeared to indicate that the cameraman was in fact the 
target. The cameraman was among the foreign news crews that arrived to 
cover a march announced to call attention to human rights problems 
before the Ibero-American Summit later that month. The few activists 
who managed to get to the park were set upon by members of mass 
organizations holding a progovernment picnic and rally in the same 
place (see Section 2.b.). International coverage of the attack led to a 
6-hour speech by Fidel Castro in which he described the dissidents as 
criminals and their antagonists as devoted patriots.
    The Government continued to jam the U.S.-operated Radio Marti and 
Television Marti (see Section 1.f.).
    The Government continues to subject independent journalists to 
internal travel bans, arbitrary and periodic detentions (overnight or 
longer), small acts of repudiation (see Section 1.c.), harassment of 
family and friends, seizures of computers, office and photographic 
equipment, and repeated threats of prolonged imprisonment. Independent 
journalists in Havana reported a general decrease in harassment, but 
there continued to be reports of constant threatening phone calls and 
harassment of family members in the weeks leading up to the Ibero-
American Summit in November. Outside the capital, journalists reported 
an increase in detentions, threats, and harassment during the same 
period.
    In Santiago de Cuba, independent journalist Santiago Santana was 
detained three different times; on one occasion in September, security 
officials seized his camera and two tape recorders. Human Rights Watch 
reported that in January authorities in Santiago notified Margarita 
Sara Yero of the Independent Press Agency of Cuba that she would be 
evicted from her home, where she had lived for 35 years. The 
authorities claimed that she had abandoned the house, although 
neighbors confirmed that she resided there. On February 1, officials 
held a public meeting in which they criticized Yero for not voting for 
Communist candidates and for not participating in the local CDR; 
according to press reports, she received an eviction notice the 
following day. On March 4, Mercedes Moreno, director of the New Press 
Agency, criticized the security forces for their intimidating tactics 
against her and her husband, a former political prisoner, which 
included illegal entry into her home, and citing her and her husband to 
appear at different police stations in Havana. She also accused 
security agents of forcing traffic police regularly to issue traffic 
violations to her and her husband, with exorbitant fines.
    In August in Ciego de Avila, neighbors rousted Jorge Enrique Rives, 
of the Patria Agency, and his family, including elderly relatives, from 
their beds and seriously assaulted them, while shouting revolutionary 
slogans. Also in August, independent journalists and private library 
owners Ramon Colas and Berta Maxidor, their young children (ages 9 and 
13), and Colas's 73-year-old mother were evicted from their house in 
Las Tunas without warning, and all of their belongings were taken to a 
shelter many miles out of town. Security officials told Colas and 
Maxidor that they were occupying the house, which they had lived in for 
13 years, illegally. The authorities temporarily detained Colas at that 
time for arguing with them.
    In September the parents of imprisoned independent journalist Jesus 
Joel Diaz Hernandez were harassed and forced to submit to a strip 
search at the end of a strictly regulated visit to their son. In 
October unknown assailants damaged the house of Cubapress correspondent 
Jesus Labrador Arias in Guantanamoprovince by throwing stones at it in 
the middle of the night. On October 15, an immigration officer 
requested the return of the passport of Magaly de Armas, the wife of 
imprisoned Internal Dissident Working Group member Vladimiro Roca 
Antunez, shortly before she was scheduled to travel abroad to accept an 
award on behalf of her husband and the other three imprisoned Working 
Group members for a publication by the group that defended freedom of 
the press (see Section 2.d.).
    In November the authorities detained independent journalist and 
activist for the blind Juan Carlos Rodriguez for 3 days, ostensibly to 
prevent him from covering activities related to the Ibero-American 
Summit. Rodriguez's wife also was called in repeatedly to her 
neighborhood police station and threatened. Also in November, the 
Government prevented independent journalists from covering a conference 
of small farmers in Matanzas.
    In November the landlord of octogenarian Nestor Baguer, dean of the 
independent journalists and founder of the original Independent Press 
Agency of Cuba, asked Baguer to vacate his apartment after he was 
mentioned, along with several dozen other opposition members and 
foreign diplomats, by Fidel Castro in a 6-hour speech. Reportedly his 
landlord evicted him under pressure from members of the local CDR, who 
objected to living so close to a named criminal.
    Many of the detentions, house arrests, and threats that occurred 
during the year were in conjunction with major events on the 
dissidents' and the Government's calendars. The authorities ordered 
dozens of independent journalists to remain in their homes on February 
24, the anniversary of the 1996 shootdown of two civilian aircraft over 
international air space by the air force. The Government also detained 
or threatened many journalists before and during the March 1 trial of 
the four members of the Internal Dissident Working Group, and on March 
15, the day of their sentencing (see Section 1.e.). Many of the 
dissidents detained and threatened prior to the Ibero-American Summit 
were journalists (see Sections 1.d. and 2.b.). The Government ordered 
several of them to return to their home provinces, including Edel 
Garcia to Caibarien, or ordered them not to travel to Havana at that 
time. The authorities detained journalists along with other dissidents 
during protests organized by the environmental organization Naturpaz on 
August 15 and September 20 (see Section 2.b.).
    In Havana the authorities repeatedly detained Oswaldo de Cespedes 
of the Cooperative of Independent Journalists and threatened to reopen 
charges against him that date back to 1996. The authorities picked up 
Jesus Zuniga, also of the Cooperative of Independent Journalists, on 
his way to visit a foreign diplomatic mission, detained him for several 
hours, and interrogated him frequently about alleged connections with 
foreign radical groups.
    In August officials denied permission to Raul Rivero, poet, 
journalist, and director of Cubapress, to travel abroad to receive a 
journalism prize. According to newspaper reports, when asked about 
keeping Rivero from traveling, Fidel Castro replied that Rivero would 
never leave the country. The authorities detained independent 
journalist Angel Pablo Polanco three times in connection with his 
activities with various dissident groups, and confined him to a 
military hospital, ostensibly for treatment of glaucoma. He 
subsequently was released.
    During the year, the authorities retracted their previously granted 
permission for Mario Viera, founder of Cuba Voz, to depart the country 
as a refugee. In 1998 Viera's trial on charges of defaming a government 
official was postponed when prodemocracy activists began demonstrating 
outside the courthouse, but the charges against him were not dismissed.
    Amnesty International, Human Rights Watch, the IAPA, Reporters 
Without Borders, and the Committee to Protect Journalists repeatedly 
called international attention to the Government's continued practice 
of detaining independent journalists and others simply for exercising 
their right to free speech.
    Distribution of information continues to be controlled tightly. 
Access to computers is limited, e-mail is restricted tightly (see 
Section 1.f.), and access to the Internet virtually is prohibited, 
except to certain government offices, selected institutes, and 
foreigners. The Ministry of Interior controls Internet access.
    The Government prohibits all diplomatic missions in Havana from 
printing or distributing publications, particularly newspapers and 
newspaper clippings, unless those publications deal exclusively with 
conditions in a mission's home country and it receives prior Government 
approval. Many missions do not accept the validity of this requirement, 
but the Government's threats to expel embassy officers who provide 
published materials to Cubans have had a chilling effect on many 
missions.
    The Government circumscribes artistic, literary, and academic 
freedoms and is reemphasizing the importance of reinforcing 
revolutionary ideology and discipline over any freedom of expression. 
The educational system teaches that the State's interests have 
precedence over all other commitments. Academics and other government 
officials are prohibited from meeting with some diplomats without prior 
approval from the Ministry of Foreign Affairs. The Ministry of 
Education requires teachers to evaluate students' and their parents' 
ideological character, and note it in records that students carry 
throughout their schooling. These reports directly affect the students' 
educational and career prospects. As a matter of policy, the Government 
demands that teaching materials for courses such as mathematics or 
literature have an ideological content. Government efforts to undermine 
dissidents include denying them advanced education and professional 
opportunities. Fidel Castro has stated publicly that the universities 
are available only for those who share his revolutionary beliefs.
    b. Freedom of Peaceful Assembly and Association.--Although the 
Constitution grants limited rights of assembly and association, these 
rights are subject to the requirement that they may not be ``exercised 
against the existence and objectives of the Socialist State.'' The law 
punishes any unauthorized assembly of more than three persons, 
including those for private religious services in a private home, by up 
to 3 months in prison and a fine. The authorities selectively enforce 
this prohibition and often use it as a legal pretext to harass and 
imprison human rights advocates.
    The Government selectively continued to authorize the Catholic 
Church to hold outdoor processions at specific locations on important 
feast days during the year. It permitted a procession in connection 
with Masses in celebration of the feast day on September 8 of Our Lady 
of Charity in Havana for the second time in more than 3 decades. The 
Government also authorized other denominations to hold a few public 
events. In May and June, it allowed the main Protestant churches to 
hold a large-scale evangelical celebration across the island (see 
Section 2.c.). However, the Government also continued routinely and 
arbitrarily to deny requests for other processions and events.
    The authorities have never approved a public meeting by a human 
rights group. On January 14, police and state security officers briefly 
detained about a dozen Havana dissidents to prevent them from holding a 
public event in commemoration of Martin Luther King at Butari Park in 
the Lawton section of Havana. Among the activists reportedly detained 
and subsequently released were Maria de los Angeles Gonzalez, Ernesto 
Colas, Alberto Martinez, Pablo Nelson, Juana Gonzalez, Miriam Garcia, 
Miriam Cantillo, Ofelia Nardo, Dr. Oscar Elias Biscet, and Rolando 
Munoz Yyobre. State security members also prevented activists Nancy 
Sotolongo and Ana Maria Agramonte from leaving their homes to attend 
the planned event.
    Beginning on February 22, state security officers detained 
prodemocracy activists in different parts of the country to prevent 
them from staging activities commemorating the February 24, 1996 
shootdown of two civilian aircraft over international airspace by the 
air force. Security agents also warned many more activists against any 
public demonstrations on February 24, and warned independent 
journalists not to cover incidents on February 24. On February 22, 
police detained Dr. Biscet and Munoz Yyobre at Biscet's home after he 
tried to stage a demonstration outside the hospital where he formerly 
worked. Female workers from the hospital physically assaulted Biscet, 
allegedly on the orders of the hospital's administrator. On February 
23, the authorities detained prodemocracy activists Manuel Preval, 
Guillermo Diaz, Yvette Rodriguez and Ciro Roman in Santiago de Cuba; 
they detained three additional activists, including independent 
journalist Jesus Labrador Arias, in Manzanillo. On February 24, 
security officers detained Marcos Lazaro Torres Leon, Lazaro Naranjo, 
Carlos Alberto Dominguez, Victor Alfredo Gomez, Alejandro Garcia, and 
Ismael Torres in Havana. There were also reports that some 10 to 12 
activists may have been detained in Pinar del Rio province west of 
Havana. Four of the activists in Havana shaved their heads in a protest 
covered by British Broadcasting Corporation television.
    In order to prevent dissidents from expressing support for the four 
members of the Internal Dissident Working Group during their trial in 
March (see Section 1.e.), officials detained nearly a hundred 
prodemocracy activists. Among those detained were Oswaldo Paya Sardinas 
of the Christian Liberation Movement, Jesus Yanez Pelletier and his 
wife Marieta Menendez, Odilia Collazo of the Cuba Pro-Human Rights 
Party, Illeana Sommeillan of the Support Network Group of the Four, 
Leonel Morejon Almagro of Naturpaz and founder of Concilio Cubano, and 
a number of independent journalists. All of those detained were 
released within a few days after the trial.
    In June and July, a number of activists from different 
organizations carried out a 40-day liquid fast at Tamarindo 34 inHavana 
and at other locations, to protest the Government's violations of human 
rights and to call for an amnesty for political prisoners (see Section 
4). The organizer of the event, Dr. Biscet, and his colleagues then 
attempted to organize a civic forum made up of five organizations 
involved in the fast. However, the Government temporarily detained 
Biscet and his supporters whenever they planned any action toward this 
end, including visits to other houses where sympathy fasts took place. 
The Government closed a school they established on the use of 
nonviolence in civic actions, and on August 14 authorities detained 
Biscet as he was going to Butari Park to demonstrate. A policeman hit 
him in the face after Biscet told him that ``God loves you,'' while 
another policeman crushed a burning cigarette on his elbow (see Section 
1.c.).
    On August 15, police arrested Leonel Morejon Almagro, the leader of 
the environmental group Naturpaz, as he was leaving his house to attend 
a peaceful public protest planned weeks in advance that was to be 
conducted under a mahogany tree that was planted in Lenin Park in 1986 
at the founding of the organization. The intent was to protest the 
Government's lack of interest in addressing environmental degradation, 
and in particular to focus the public's attention on the imminent 
construction of a new airport near Cayo Coco, which Naturpaz asserted 
would damage irreversibly the nearby keys. Police also arrested five 
other persons, including a 78-year-old woman. All were released later 
that day. However, police impounded Morejon's car and did not return 
it. Meanwhile, at Lenin Park, security forces intercepted every person 
that tried to go to the mahogany tree, checked their documents 
carefully, and then drove them to a location far away from the park and 
their homes. Naturpaz later estimated that the police intercepted over 
100 persons in this manner.
    On October 28, Dr. Biscet announced in a press conference that on 
November 10, the FLDH and other organizations planned to lead a 
nonviolent protest march from Dolores Park to Butari Park in the Lawton 
area of Havana to protest the holding of the Ninth Ibero-American 
Summit in Havana. During the press conference, the Cuban flag was 
displayed upside down, as an indication of opposition to the 
Government. On November 3, police detained Biscet and told him that he 
would be prosecuted for his disrespect toward the national flag; he was 
still in jail and his case was still under investigation at year's end 
(see Section 1.d.). On November 9, police detained three of his 
colleagues--Jose Aguilar Hernandez, Alejandro Chang Cantillo, and 
Marcel Valenzuela Salt. On November 10, at the planned protest site, 
Dolores Park, the international press witnessed several hundred members 
of the Communist youth organizations, including school children, having 
a noisy progovernment party and rally. Three dissidents tried to stage 
a protest but were booed, chased by the crowd, and struck several 
times. Security agents then took away dissidents Reynaldo Gomez 
Gonzalez, Juan Carlos Padura Padilla, and Pedro Castro Ponce de Leon. 
In a press conference later the same day, Fidel Castro implied that the 
clash was a spontaneous reaction by ordinary citizens to political acts 
that they found distasteful. Castro brought to his press conference 14 
persons who were at the park and who claimed that they were provoked 
while enjoying a party.
    On November 12, fewer than 20 individuals of the more than 90 
expected to attend arrived at the house of Moises Rodriguez Quesada 
near Havana airport for a 1-day meeting of domestic NGO's. Although bad 
weather was a factor in the low turnout, the detention and house arrest 
of about 150 persons, including the organizers of the meeting, starting 
days before the event, especially of those coming from other provinces, 
prevented the attendance of many. However, international press coverage 
of the event provided the dissidents that attended a rare opportunity 
to brief the journalists.
    On November 10, security police also attempted to prevent a meeting 
of the National Alliance of Independent Small Farmers, which the 
organizers had planned to hold in Matanzas, by arresting the 
organizers--Antonio Alonso Perez, Tomas Fernandez Tiher, and Felix 
Navarro. The group nonetheless managed to hold the meeting in the house 
of an independent journalist in Las Tunas, albeit with a much reduced 
number of participants.
    On December 4, the Government allowed human rights activists to 
march silently, after attending a Mass, from the Church of Saint 
Barbara to the Church of Saint Edward, a distance of about six blocks, 
in the municipality of Parraga in Havana. Because of the presence of 
members of a rapid response brigade, police provided security to allow 
the march. Representatives of the international press were present and 
interviewed a number of the marchers. This was the first protest march 
ever allowed by the Government, probably because of the presence of the 
international press and the Government's apparent desire to avoid an 
incident such as the one at Dolores Park on November 10.
    On December 9, numerous human rights supporters were detained or 
told not leave their homes in order to prevent them from publicly 
commemorating the 51st anniversary on December 10 of the UDHR.
    The Government generally denies citizens freedom of association. 
The Penal Code specifically outlaws ``illegal or unrecognized groups.'' 
The Ministry of Justice, in consultation with the Interior Ministry, 
decides whether to give organizations legal recognition. The 
authorities have never approved the existence of a human rights group.
    Along with recognized churches, the Roman Catholic humanitarian 
organization Caritas, Masons, small human rights groups, and a number 
of nascent fraternal or professional organizations are the only 
associations outside the control or influence of the State, the 
Communist Party, and their mass organizations. With the exception of 
the Masons, who have been established in the country for more than a 
century, the authorities continue to ignore these groups' applications 
for legal recognition, thereby subjecting members to potential charges 
of illegal association. All other legally recognized 
``nongovernmental'' groups are at least nominally affiliated with, or 
controlled by, the Government.
    c. Freedom of Religion.--The Constitution recognizes the right of 
citizens to profess and practice any religious belief, within the 
framework of respect for the law; however, in law and in practice, the 
Government places restrictions on freedom of religion.
    In recent years, the Government has eased the harsher aspects of 
its repression of religious freedom. In 1991 it allowed religious 
adherents to join the Communist Party. In 1992 it amended the 
Constitution to prohibit religious discrimination and removed 
references to ``scientific materialism,'' i.e., atheism, as the basis 
for the Cuban State. Nevertheless, the State prohibits members of the 
armed forces from allowing anyone in their household to observe 
religious practices, except elderly relatives if their religious 
beliefs do not influence other family members and are not ``damaging to 
the revolution.''
    The Government requires churches and other religious groups to 
register with the provincial registry of associations to obtain 
official recognition. In practice, the Government refuses to register 
new denominations. The Government prohibits, with occasional 
exceptions, the construction of new churches, forcing many growing 
congregations to violate the law and meet in private homes. Government 
harassment of private houses of worship continued, with evangelical 
denominations reporting evictions from houses used for these purposes.
    The Government's main interaction with religious denominations is 
through the Office of Religious Affairs of the Cuban Communist Party. 
The Ministry of Interior engages in active efforts to control and 
monitor the country's religious institutions, including surveillance, 
infiltration, and harassment of religious professionals and laypersons.
    In 1998 following Pope John Paul II's January visit, the country's 
Catholic bishops appealed to the Government to recognize the Church's 
role in civil society and the family, as well as in the temporal areas 
of work, the economy, the arts, sports, and the scientific and 
technical worlds. The Government continued to limit the Church's access 
to the media and refused to allow the Church to have a legal 
independent printing capability. It maintained its prohibition against 
the establishment of religiously affiliated schools. Nonetheless, in 
September local government authorities, for the second time since 1961, 
allowed the Catholic Church to hold an outdoor procession to mark the 
feast day of Our Lady of Charity in Havana. Although visibly present, 
state security personnel did not harass any participants or observers 
as happened during 1998. However, prior to the event, security police 
told a number of human rights activists not to attend the procession. 
On December 25, the Government permitted the Catholic Church to hold a 
Christmas procession in Havana. The Government also granted a request 
by church leaders to broadcast on state television the Pope's annual 
Christmas Day message from the Vatican. As in 1998, in December the 
Government also allowed Cardinal Jaime Ortega to give a 10-minute 
address on the national classical music station.
    In 1998 the Government announced in a Politburo declaration that 
henceforth citizens would be allowed to celebrate Christmas as an 
official holiday. (The holiday had been cancelled, ostensibly to spur 
the sugar harvest, in 1969, and restored in 1997 as part of the 
preparations for the Pope's 1998 visit.) However, despite the 
Government's decision to allow citizens to celebrate Christmas as a 
national holiday, it also maintained a December 1995 decree prohibiting 
nativity scenes in public buildings.
    The Government allowed about 15 foreign priests to enter the 
country during the year, but some visas were issued only for periods of 
from 3 to 6 months, and applications of many other priests and 
religious workers remained pending.
    The Government continued to enforce a resolution that prevented any 
Cuban or joint enterprise (except those with specific authorization) 
from selling computers, facsimile machines,photocopiers, or other 
equipment to any church at other than official--and exorbitant--retail 
prices.
    On January 6, the Government closed the Bible Institute of the 
United Pentecostal Church of Cuba (Apostolic) and evicted its 
occupants. (In 1997 the Government had declared the United Pentecostal 
Church illegal after it split from the Apostolic Church of Jesus Christ 
because it disagreed with the Apostolic Church of Jesus Christ's 
membership in the Cuban Council of Churches.) On February 2, the 
authorities also reportedly closed local church headquarters in 
Manquitas, Cabaiguan, and Sancti Spiritus. On October 8, security 
agents expelled church leader Santos Osmany Dominguez Borjas from 
Havana to Holguin. According to a pastor of the church, Lazaro Williams 
Urbina Dupont, church members decided that all their pastors must leave 
the country if they are to survive as a church.
    In recent years, the Government has relaxed restrictions on some 
religious denominations, including Seventh-Day Adventists and Jehovah's 
Witnesses. The Cuban Council of Churches continues to broadcast a 
monthly 15-minute program on a national classical music radio station, 
with the understanding that the program must not include material of a 
political character. The head of the Cuban Council of Churches is a 
member of the government-controlled ANPP. In May and June, the 
Government permitted most the country's Protestant churches--both 
inside and outside the Cuban Council of Churches--to hold an 
evangelical celebration. The celebration consisted of some 18 public 
events across the island, 4 of which--in Baracoa, Holguin, Camaguey, 
and Havana, respectively--were televised nationally. The culminating 
event was a service in Havana on June 20, which attracted tens of 
thousands of persons and was attended by President Castro.
    State security officials visited some priests and pastors, prior to 
significant religious events, ostensibly to warn them about dissidents, 
in an effort to sow discord and mistrust between the churches and 
peaceful prodemocracy activists. State security officers also regularly 
harassed human rights advocates who sought to attend religious services 
commemorating special feast days or before significant national days, 
including inside churches and during religious ceremonies.
    Human Rights Watch reported that in late January, police detained 
several members of the FLDH, including its leader, Dr. Biscet, for 4 to 
6 days. The detentions prevented Biscet and his colleagues from 
participating in a January 25 celebration of the first anniversary of 
the Pope's 1998 visit. On July 13, the authorities arrested Marcel 
Valenzuela Salt, a member of the Organization of Fraternal Brothers for 
Dignity, and five other persons as the group was en route to a church 
in Guanabacoa to attend a Mass in memory of those who died in the 1994 
sinking of the tugboat ``13th of March'' (see Section 1.d.). On 
December 17, security police arrested Valenzuela and three other human 
rights activists--Carlos Oquendo, Jose Aguilar and Diosdado Gonzalez--
who were among a crowd of persons who gathered to participate in a 
pilgrimage to the Church of Saint Lazarus in El Rincon. The four were 
arrested after they took off their shirts to show T-shirts on which 
were printed the words, ``Release All Political Prisoners.'' The day 
before the pilgrimage, security police told some human rights activists 
not to attend the event.
    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Government kept tight restrictions 
on freedom of movement. The Government generally has not imposed legal 
restrictions on domestic travel, except for persons found to be HIV-
positive, whom it initially restricts to sanatoriums for treatment and 
therapy before conditionally releasing them into the community. 
However, in recent years state security officials have forbidden human 
rights advocates and independent journalists from traveling outside 
their home provinces, and the Government also has sentenced others to 
internal exile. On October 8, security agents expelled Santos Osmany 
Dominguez Borjas, an evangelical church leader, from Havana to Holguin 
(see Section 2.c.). Just prior to the Ibero-American Summit, state 
security agents informed human rights activists in other provinces that 
they could not travel to Havana. For example, on November 11, 
authorities told Oscar Horta Medina of the Avilena Foundation for Human 
Rights that he could not leave Ciego de Avila; the Government also 
prohibited prodemocracy activists Nestor Rodriguez Lobaina and Santiago 
Santana from leaving the province of Santiago de Cuba.
    In 1997 the Council of Ministers approved Decree 217, aimed at 
stemming the flow of migration from the provinces to the capital city. 
Human rights observers noted that while the decree affected migration 
countrywide, the decree was targeted at individuals and families from 
the poor, predominantly black and mulatto eastern provinces. In March 
1998, the government newspaper Granma reported that Decree 217 had 
succeeded in reducing the flow of persons to the capital city.
    The Government imposed some restrictions on both emigration and 
temporary foreign travel. In August the Government denied an exit 
permit to Osvaldo Alfonso Valdes, president of the Democratic Liberal 
Party, and to Fernando Sanchez Lopez, president of the Democratic 
Solidarity Party, to attend the executive committee meeting of the 
International Liberal Party on September 4 in Managua, Nicaragua, 
despite their payment of $800 in exit fees. No explanation was given 
for the denials. In October the Government denied an exit permit to 
independent journalist Raul Rivero to travel abroad to receive a 
journalistic award. On October 15, an immigration officer requested the 
return of the Cuban passport of Magaly de Armas, the spouse of 
Vladimiro Roca Antunez, one of the four imprisoned members of the 
Internal Dissident Working Group (see Section 1.e.). De Armas was 
scheduled to leave the country the same day to attend the IAPA's 55th 
general assembly to receive on behalf of the four prisoners an award 
for ``The Country Belongs to All,'' a publication by the group that 
defended freedom of the press (see Section 1.e.).
    The Government allows the majority of persons who qualify for 
immigrant or refugee status in other countries to depart; however, in 
certain cases the authorities delay or deny exit permits, usually 
without explanation. Some denials involve professionals who have tried 
to emigrate and whom the Government subsequently banned from working in 
their occupational field. The Government refused permission to others 
because it considers their cases sensitive for political or state 
security reasons. In July the Government issued Resolution 54, which 
provides for the denial of exit permits to recently graduated 
professionals, in particular medical professionals, until they have 
performed 3 to 5 years of service in their profession. There were 
reports that the Government also was denying exit permits to trained 
medical personnel who already have practiced their profession for more 
than 5 years, although the published regulations on the subject do not 
contain such a provision. The Government also routinely denies exit 
permits to young men approaching the age of military service, and until 
they reach the age of 27, even when it has authorized the rest of the 
family to leave. However, in most of those cases approved for migration 
to the United States under the September 1, 1994, U.S.-Cuban migration 
agreement, the applicants eventually receive exemption from obligatory 
service and are granted exit permits. The Government has a policy of 
denying exit permission for several years to relatives of individuals 
who successfully have migrated illegally (e.g., merchant seamen who 
have jumped ship overseas, and sports figures who have defected while 
on tour abroad).
    Migrants who travel to the United States must pay a total of about 
$500 per adult and $400 per child, plus airfare. These government fees 
for medical exam, passport, and exit visa--which must be paid in 
dollars--are equivalent to about 5 years of a professional person's 
accumulated peso salary and represent a significant hardship, 
particularly for political refugees who usually are marginalized and 
have no income. In 1996 the Government agreed to allow 1,000 needy 
refugees to leave each year with reduced exit fees. However, after the 
first group of 1,000 in 1996, no further refugees have been accorded 
reduced fees. At year's end, 315 approved refugees remained in the 
country because they were unable to pay government exit fees for 
themselves and their families.
    The Penal Code provides for imprisonment from 1 to 3 years or a 
fine of $15 to $50 dollars (300 to 1,000 pesos) for unauthorized 
departures by boat or raft. The office of the U.N. High Commissioner 
for Refugees (UNHCR) has stated that it regards any sentence for simple 
illegal exit of over 1 year as harsh and excessive. Under the terms of 
the May 2, 1995 U.S.-Cuba migration accord, the Government agreed not 
to prosecute or retaliate against migrants returned from international 
or U.S. waters, or from the U.S. Naval Base at Guantanamo, as a 
consequence of their attempt to emigrate illegally.
    In 1994 the Government eased restrictions on visits by, and 
repatriation of, Cuban emigrants. Citizens who establish residency 
abroad and who are in possession of government-issued ``permits to 
reside abroad'' may travel to Cuba without visas. The Government 
reduced the age of persons eligible to travel abroad from 20 to 18 
years and extended the period for a temporary stay abroad from 6 to 11 
months. In November 1995, the Government announced that emigrants who 
are considered not to have engaged in ``hostile actions'' against the 
Government and who are not subject to criminal proceedings in their 
country of residence may apply at Cuban consulates for renewable, 2-
year multiple-entry travel authorizations. However, during the year, 
the Government announced that it would deny entry permits for emigrants 
who had left the country illegally after September 1994. At year's end, 
it was not clear if the Government actually was implementing such a 
policy. The Constitution provides for the granting of asylum to 
individuals persecuted ``for their ideals or struggles for democratic 
rights against imperialism, fascism, colonialism, and neocolonialism; 
against discrimination and racism; for national liberation; for the 
rights of workers, peasants, and students; for their progressive 
political, scientific, artistic, andliterary activities; for socialism 
and peace.'' However, the Government has no formal mechanism to offer 
asylum to foreign nationals. Nonetheless, the Government honors the 
principle of first asylum and has provided it to a small number of 
persons. There was no information available on its use during the year. 
According to the UNHCR, there are about 43 foreign nationals living in 
the country and seeking asylum elsewhere. There were no reports of the 
forced return of persons to countries where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the legal right to change their Government or 
to advocate change, and the Government has retaliated systematically 
against those who sought peaceful political change. The Constitution 
proscribes any political organization other than the Communist Party. 
While the Constitution provides for direct election of provincial, 
municipal, and National Assembly members, the candidates must be 
approved in advance by mass organizations controlled by the Government. 
In practice, a small group of leaders, under the direction of President 
Castro, selects the members of the highest policy-making bodies of the 
Communist Party--the Politburo and the Central Committee.
    The authorities tightly control the selection of candidates and all 
elections for government and party positions. The candidacy committees 
are composed of members of government-controlled mass organizations 
such as the Confederation of Cuban Workers (CTC) and the CDR's and are 
responsible for selecting candidates, whose names are then sent to 
municipal assemblies that select a single candidate for each regional 
seat in the ANPP. An opposition or independent candidate has never been 
allowed to run for national office.
    On January 11, 1998, the Government held national elections in 
which 601 candidates were approved to compete for the 601 seats in the 
National Assembly. The Government claimed that they were voted in by 
over 93 percent of the electorate, according to the official media. No 
candidates with views independent from or in opposition to the 
Government were allowed to run, and no views contrary to the Government 
or the Communist Party were expressed in the government-controlled 
national media. The Government saturated the media and used government 
ministries, Communist Party organs, and mass organizations to urge 
voters to cast a ``unified vote'' where marking one box automatically 
selected all candidates on the ballot form. In practice, the Communist 
Party approved candidates for all offices. A small minority of 
candidates did not belong formally to the Communist Party. The 
Communist Party was the only political party allowed to participate in 
the elections.
    Although not a formal requirement, Communist Party membership is in 
fact a prerequisite for high-level official positions and professional 
advancement.
    The Government rejects any change judged incompatible with the 
revolution and ignored calls for democratic reform. Although President 
Castro signed the Declaration of Vina del Mar at the Sixth Ibero-
American Summit in 1996, in which government leaders reaffirmed their 
commitment to democracy and political pluralism, the Government 
continued to oppose independent political activity on the ground that 
the Cuban system provides a ``perfected'' form of democracy and that 
pluralism exists within the one-party structure.
    An unprecedented number of foreign leaders held meetings with Cuban 
dissidents on the margins of the November Ibero-American Summit in 
Havana. Uruguayan President Julio Sanguinetti became the first Latin 
American head of state to meet with a dissident on Cuban soil. Other 
heads of state or ministers who met with dissidents were: Spanish Prime 
Minister Jose Aznar; Portuguese President Jorge Sampaio; Panamanian 
President Mireya Moscoso; Mexican Foreign Minister Rosario Green; and 
Nicaraguan Foreign Minister Eduardo Montealegre.
    The Declaration of Havana issued at the conclusion of the Summit 
emphasized democracy, pluralism, and human rights. In closing remarks, 
several heads of state reiterated the need for greater openness in 
Cuba.
    Government leadership positions continue to be dominated by men, 
and women remain underrepresented. There are very few women or 
minorities in policymaking positions in the Government or the Party. 
There are 2 women in the 24-member Politburo, 18 in the 150-member 
Central Committee, and 166 in the 601-seat ANPP. Although blacks and 
mulattos make up over half the population, they hold only six seats in 
the Politburo.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government does not recognize any domestic human rights groups, 
or permit them to function legally. The Government subjects domestic 
human rights advocates to intense intimidation, harassment, and 
repression. In violation of its own statutes, the Government refuses to 
consider applications for legal recognition submitted by human rights 
monitoring groups.
    On June 7, members of several human rights organizations began a 
40-day fast at Tamarindo 34 in Havana in support of respect for human 
rights and the release of political prisoners. The fast reportedly 
subsequently expanded to other locations in the country.
    In its 1997 report, the IACHR examined measures taken by the 
Government and found that they did not ``comprise the bedrock of a 
substantive reform in the present political system that would permit 
the ideological and partisan pluralism implicit in the wellspring from 
which a democratic system of government develops.'' The IACHR 
recommended that the Government provide reasonable safeguards to 
prevent violations of human rights, unconditionally release political 
prisoners and those jailed for trying to leave the country, abolish the 
concept of dangerousness in the Penal Code, eliminate other legal 
restriction on basic freedoms, cease harassing human rights groups, and 
establish a separation of powers so that the judiciary would no longer 
be ``subordinate to political power.''
    The Government steadfastly has rejected international human rights 
monitoring. In 1992 Cuba's U.N. representative stated that Cuba would 
not recognize the mandate of the U.N. Commission on Human Rights 
(UNCHR) on Cuba and would not cooperate with the Special Rapporteur on 
Cuba, despite being a UNCHR member. This policy remained unchanged and 
the Government refused even to acknowledge requests by the Special 
Rapporteur to visit Cuba. In April 1998, the UNCHR did not renew the 
mandate of the Special Rapporteur, following as yet unfulfilled 
assertions by the Government that it would improve human rights 
practices if it was not under formal sanction from the UNCHR. On April 
23, the UNCHR passed a resolution, introduced by the Czech Republic and 
Poland, expressing concern about the human rights situation in Cuba.
    In September the U.N. Special Rapporteurs on Violence Against Women 
and on Mercenaries visited the island, but issued no reports by year's 
end.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    Cuba is a multiracial society with a black and mixed-race majority. 
The Constitution forbids discrimination based on race, sex, or national 
origin, although evidence suggests that racial discrimination occurs 
often.
    Women.--Violent crime rarely is reported in the press, and there 
are no publicly available data regarding the incidence of domestic 
violence and rape; however, human rights advocates report that violence 
against women is a problem. The law establishes strict penalties for 
rape, and the Government appears to enforce the rape law; however, 
according to human rights advocates, the police do not act on cases of 
domestic violence. In October 1998, a female religious worker was 
abused sexually and murdered. The Government quickly ordered an 
investigation and arrested one suspect. Prostitution is legal (except 
for prostitution by children under 17 years of age); however, pimping 
or otherwise benefiting from prostitution is a felony. Prostitution has 
increased greatly in the last few years; press reports indicate that 
tourists from various countries visit specifically to patronize 
inexpensive prostitutes. A government crackdown on prostitution 
beginning in late 1998 and continuing in 1999 appeared to have some 
effect, and fewer prostitutes (known as ``jineteras'') were visible in 
Havana and other major cities. This success was obtained through 
placing police on nearly every major street corner where tourists are 
present. Most observers believe that the Government clamped down on 
prostitution to combat the perception that the island promotes sex 
tourism.
    The Family Code states that women and men have equal rights and 
responsibilities regarding marriage, divorce, raising children, 
maintaining the home, and pursuing a career. Women are subject to the 
same restrictions on property ownership as men. The maternity law 
provides 18 weeks of maternity leave and grants working women 
preferential access to goods and services. About 40 percent of all 
women work, and they are well represented in the professions.
    Children.--The Constitution provides that the Government protect 
``family, maternity, and matrimony.'' It also states that children, 
legitimate or not, have the same rights under the law and notes the 
duties of parents to protect them. Education is free and is grounded in 
Marxist ideology. State organizations and schools are charged with the 
``integral formation of children and youth.'' The national health care 
system covers all citizens. There is no societal pattern of abuse of 
children. However, child prostitution is a problem, with young girls 
engaging in prostitution to help support themselves and their families. 
Young girls have constituted the bulk of the prostitutes catering 
primarily to foreign tourists. It is illegal for a child under 17 years 
of age to engage in prostitution. The police began to enforce this law 
more actively in late 1998 and continued to do so during the year, as 
part of their crackdown on prostitution in general.
    People with Disabilities.--The law prohibits discrimination based 
on disability, and there have been few complaints of such 
discrimination. There are no laws that mandate accessibility to 
buildings for the disabled.
    National/Racial/Ethnic Minorities.--Many Afro-Cubans have benefited 
from access to basic education and medical care since the revolution, 
and much of the police force and army enlisted personnel is black. 
Nevertheless, racial discrimination often occurs. There have been 
numerous reports of disproportionate police harassment of black youths. 
In 1997 there were numerous credible reports of forced evictions of 
squatters and residents lacking official permission to reside in 
Havana. The evictions, exacerbated by Decree 217 (see Section 2.d.), 
primarily targeted individuals and families from the eastern provinces, 
which are traditionally areas of black or mixed-race populations.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution gives priority to 
state or collective needs over individual choices regarding free 
association or provision of employment. The ``demands of the economy 
and society'' take precedence over individual workers' preferences. The 
law prohibits strikes; none are known to have occurred. Established 
official labor organizations have a mobilization function and do not 
act as trade unions, promote worker rights, or protect the right to 
strike. Such organizations are under the control of the State and the 
Communist Party, which also manage the enterprises for which the 
laborers work.
    The Communist Party selects the leaders of the sole legal labor 
confederation, the Confederation of Cuban Workers, whose principal 
responsibility is to ensure that government production goals are met. 
Despite disclaimers in international forums, the Government explicitly 
prohibits independent unions and none are recognized. There has been no 
change since the 1992 International Labor Organization (ILO) finding 
that Cuba violated ILO norms on freedom of association and the right to 
organize. Those who attempt to engage in union activities face 
government persecution. Workers can and have lost their jobs for their 
political beliefs, including their refusal to join the official union. 
Several small independent labor organizations have been created, but 
function without legal recognition and are unable to represent workers 
effectively and work on their behalf. The Government actively harasses 
these organizations. Police detained independent labor activist Jose 
Orlando Gonzalez Bridon of the Confederation of Democratic Workers of 
Cuba for brief periods in November and December 1998 and in January.
    The CTC is a member of the Communist, formerly Soviet-dominated, 
World Federation of Trade Unions.
    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining does not exist. The State Committee for Work and Social 
Security (CETSS) sets wages and salaries for the state sector, which is 
almost the only employer in the country. Since all legal unions are 
government entities, antiunion discrimination by definition does not 
exist.
    The 1995 Foreign Investment Law (Law 77) continued to deny workers 
the right to contract directly with foreign companies investing in Cuba 
without special government permission. Although a few firms have 
managed to negotiate exceptions, the Government requires foreign 
investors to contract workers through state employment agencies, which 
are paid in foreign currency and, in turn, pay workers very low wages 
in pesos. Workers subcontracted by state employment agencies must meet 
certain political qualifications. According to Minister of Basic 
Industry Marcos Portal, the state employment agencies consultwith the 
Party, the CTC, and the Union of Communist Youth to ensure that the 
workers chosen deserve to work in a joint enterprise.
    There are no functioning export processing zones, although Law 77 
authorizes the establishment of free trade zones and industrial parks.
    c. Prohibition of Forced or Compulsory Labor.--Neither the 
Constitution nor the Labor Code prohibits forced labor. The Government 
maintains correctional centers where it sends persons for crimes such 
as dangerousness. They are forced to work on farms or building sites, 
usually with no pay and inadequate food. The authorities often imprison 
internees who do not cooperate.
    The Government employs special groups of workers, known as 
``microbrigades,'' on loan from other jobs, on special building 
projects. These microbrigades have increased importance in the 
Government's efforts to complete tourist and other priority projects. 
Workers who refuse to volunteer for these jobs often risk 
discrimination or job loss. However, microbrigade workers reportedly 
receive priority consideration for apartments. The military channels 
some conscripts to the Youth Labor Army, where they serve their 2-year 
military service requirement working on farms that supply both the 
armed forces and the civilian population.
    The Government prohibits forced and bonded labor by children; 
however, the Government requires children to work without compensation. 
All students over age 11 are expected to devote 30 to 45 days of their 
summer vacation to farm work, laboring up to 8 hours per day. The 
Ministry of Agriculture uses ``voluntary labor'' by student work 
brigades extensively in the farming sector.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The legal minimum working age is 17 years. However, the 
Labor Code permits the employment of 15- and 16-year-old children to 
obtain training or fill labor shortages. The law requires school 
attendance until the ninth grade, and this law generally is respected. 
The Government prohibits forced and bonded child labor; however, it 
requires children to work without compensation (see Section 6.c.).
    e. Acceptable Conditions of Work.--The minimum wage varies by 
occupation and is set by the CETSS. The minimum monthly wage for a 
maid, for example, is $8.25 (165 pesos); for a bilingual office clerk, 
$9.50 (190 pesos); and for a gardener $10.75 (216 pesos). The 
Government supplements the minimum wage with free education and 
subsidized medical care (but reduces daily pay by 40 percent after the 
third day of being admitted to a hospital), housing, and some food--
subsidized food is enough for about 1 week per month. However, even 
with these subsidies, the minimum wage does not provide a decent 
standard of living for a worker and family. Corruption and black market 
activities are pervasive. The Government rations most basic necessities 
such as food, medicine, clothing, and cooking gas, which are in very 
short supply.
    The Government requires foreign companies in joint ventures with 
state entities to hire and pay workers through the State. Human Rights 
Watch noted that the required reliance on state-controlled employment 
agencies effectively leaves workers without any capacity directly to 
negotiate wages, benefits, the basis of promotions, and the length of 
the workers' trial period at the job with the employer. Reportedly 
these exploitative labor practices force foreign companies to pay the 
Government as much as $500 to $600 per month for workers, while the 
workers in turn receive only a small peso wage from the Government.
    The standard workweek is 44 hours, with shorter workdays in 
hazardous occupations, such as mining. The Government also reduced the 
workday in some government offices and state enterprises to save 
energy.
    Workplace environmental and safety controls are usually inadequate, 
and the Government lacks effective enforcement mechanisms. Industrial 
accidents apparently are frequent, but the Government suppresses such 
reports. The Labor Code establishes that a worker who considers his 
life in danger because of hazardous conditions has the right not to 
work in his position or not to engage in specific activities until such 
risks are eliminated. According to the Labor Code, the worker remains 
obligated to work temporarily in whatever other position may be 
assigned him at a salary prescribed by law.
    f. Trafficking in Persons.--In February the National Assembly 
revised the Penal Code to prohibit trafficking in persons through or 
from the country and to prescribe the following penalties for 
violations: A term of 7 to 15 years' imprisonment for organizing or 
cooperating in alien smuggling through the country; 10 to 20 years' 
imprisonment for entering the country to smuggle persons out of the 
country; and 20 years to life in prison for using violence, causing 
harm or death, or putting lives in danger, in engaging in such 
smuggling. These provisions are directed primarily at persons engaging 
in organized smuggling of would-be emigrants from Cuba to the United 
States. In addition, the revised Code made it illegal to promote or 
organize entrance of persons into or exit of persons from the country 
for the purpose of prostitution; violators are subject to 20 to 30 
years' imprisonment.
    There were no reports that persons were trafficked in, to, or from 
the country for the purpose of providing forced labor or services.
                                 ______
                                 

                                DOMINICA

    Dominica is a multiparty, parliamentary democracy and a member of 
the Commonwealth of Nations. A Prime Minister, a Cabinet, and a 
unicameral Legislative Assembly compose the Government. A President, 
nominated by the Prime Minister in consultation with the leader of the 
opposition party, and elected for a 5-year term by the Parliament, is 
head of state. The United Workers Party (UWP), led by Prime Minister 
Edison James, won 11 of 21 seats in Parliament in free and fair 
elections in 1995 and gained an additional seat in 1996. The 
Constitution calls for elections at least every 5 years, and the UWP 
lost control of the Government in the January 2000 general elections. 
The judiciary is independent.
    The Dominica Police is the only security force. It is controlled by 
and responsive to the democratically elected Government. There were 
occasional allegations of abuse by the police.
    The country's primarily agrarian economy depends on earnings from 
banana exports. The Government is also developing the tourist industry, 
diversifying agricultural production, and promoting the export of fresh 
fruits, vegetables, and coconut products, both within and outside the 
region. Per capita gross domestic product was about $3,340 in 1997.
    The Government generally respects the human rights of its citizens; 
however, there were problems in several areas. The principal human 
rights problems are occasional instances of use of excessive force by 
police, poor prison conditions, societal violence against women and 
children, instances of discrimination against indigenous Carib Indians, 
and societal discrimination against female Caribs in mixed marriages.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, there 
were some allegations of occasional use of excessive force by the 
police.
    In November 1997, the authorities forced the Commissioner and 
Deputy Commissioner of police to retire, as a result of recommendations 
by a Commission of Inquiry that investigated allegations of 
mismanagement, corruption, and police brutality. Under new leadership, 
the police created an Internal Affairs Department in December 1997 to 
investigate public complaints against the police and to provide 
counseling to police. In July 1998, a consultant from the United 
Kingdom conducted a 3-month study to update antiquated police 
regulations and to establish new operational guidelines for the police. 
This report was submitted to the Government in 1998 but was still under 
review at year's end. From January to September, the authorities 
received 19 complaints regarding excessive use of force by the police.
    Prison conditions are poor. Overcrowding and unsanitary conditions 
continue to be problems in the sole prison facility. There are about 
226 prisoners. The prison provides work therapy, sports programs, 
educational opportunities, and counseling for inmates. Twelve prisoners 
in the maximum security section of the prison conducted a 2-day hunger 
strike in July to protest what they claimed to be the poor quality of 
prison food. The strike ended after the prison superintendent promised 
to investigate and make any needed improvements in the quality of the 
food.
    The Government permits prison visits by independent human rights 
monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
requires that the authorities charge persons with a crime within 24 
hours after arrest. If charges arebrought, the police must bring the 
detainee to court within 72 hours. This requirement generally is 
honored in practice, although often those arrested on Fridays must 
remain in jail over the weekend and are not charged until the following 
Monday.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and it is independent in practice.
    The judicial system is composed of a high court judge, 5 
magistrates, and 10 magistrate courts located with police stations 
around the country. Appeals can be made to the Eastern Caribbean 
Supreme Court and to the Privy Council in the United Kingdom.
    The law provides for public trial before an independent, impartial 
court. Criminal defendants are presumed innocent until proven guilty, 
are allowed legal counsel, and have the right to appeal. Courts provide 
free legal counsel to the indigent only in capital cases.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices. Government 
authorities generally respect these prohibitions, and violations are 
subject to effective legal sanction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for the 
right of free expression, and the Government respects this in practice. 
The political opposition openly criticizes the Government.
    The principal radio station is state-owned and has a government-
appointed board. There is also an independent radio station owned by 
the Catholic Church. The print media consist of two private newspapers 
and political party journals; all publish without censorship or 
government interference. Citizens also enjoy access to independent news 
sources through cable television and radio reception from neighboring 
islands.
    The Government does not restrict academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for these rights, and the Government respects them in 
practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for these rights, and 
the authorities respect them in practice. The Government may revoke 
passports if subversion is suspected but has not done so in recent 
times.
    The Government has not formulated a policy regarding refugees, 
asylees, or first asylum. The issue of the provision of first asylum 
did not arise. There were no reports of forced expulsion of anyone 
having a valid claim to refugee status; however, government practice 
remains undefined.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    In the last national elections in June 1995, the United Workers 
Party defeated the incumbent Dominica Freedom Party, taking 11 of 21 
seats in Parliament. In a by-election in August 1996, the UWP gained an 
additional seat when it won a seat vacated by a member of the Dominica 
Freedom Party, giving the UWP a total of 12 seats. The Dominica Freedom 
Party currently holds fourseats, and the Dominica Labour Party holds 
five seats. According to the Constitution, the next general election 
must take place by June 2000; at year's end, the Prime Minister called 
them for January 31, 2000.
    There are no impediments in law or in fact to the participation of 
women in leadership roles in government or political parties; however, 
they are underrepresented in practice. Voters elected two women to 
Parliament in the 1995 elections. Indigenous Carib Indians participate 
in national political life.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no government restrictions on the formation of local 
human rights organizations, although no such groups exist. Several 
advocacy groups, such as the Association of Disabled People and a 
women's and children's self-help organization, operate freely and 
without government interference. There were no requests for 
investigations of human rights abuses from international or regional 
human rights groups.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution includes provisions against racial, sexual, and 
religious discrimination, which the authorities respect in practice.
    Women.--Sexual harassment and domestic violence cases are common, 
and there is no family court to deal specifically with domestic 
violence issues. Women can bring charges against husbands for battery, 
and both the police and the courts prosecute cases of rape and sexual 
assault, but there are no specific spousal abuse laws. However, in 
April 1998, a new Sexual Offences Act went into effect to replace the 
previous act, which required medical evidence or witness corroboration 
for indictment. As a matter of policy, all rape cases are handled 
solely by female police officers. The Department of Labor recruited a 
permanent counselor and established a crisis response mechanism to 
assist women who are victims of domestic violence. The Welfare 
Department assists victims of abuse by finding 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 enforce them 
consistently.
    Beyond the general protection of the Constitution, women do not 
benefit from any specific civil rights legislation. While there is 
little open discrimination against women, property ownership continues 
to be deeded to ``heads of households,'' who are usually males. When 
the male 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.
    The Dominica National Council of Women, a nongovernmental 
organization (NGO), has developed local adult education and small 
business training programs for women. According to the Labor 
Department, many women in rural areas find it difficult to meet basic 
needs, at least in part owing to the decline in the banana export 
industry.
    Children.--The law stipulates that the Government should protect 
the rights of children to education and health care. Education is 
compulsory through age 16, and primary health care is available 
throughout the island.
    Various laws enumerate children's rights, but their enforcement is 
hampered by lack of staffing in government agencies. According to the 
Welfare Department, reported cases of child abuse, including sexual 
abuse, have increased over the past few years. In 1997 there were 267 
reported cases of child abuse, 175 of which were sexual abuse cases. In 
1998 there were 303 reported cases of child abuse, 124 of which were 
sexual abuse cases. At year's end, there were nine staff members in the 
social welfare office that handles all welfare problems, including 
complaints of child abuse.
    Although the maximum sentence for sexual molestation (rape, incest) 
is life imprisonment, the normal sentence given is 15years except in 
the case of murder. The age of consent for sexual relations is 16 
years.
    People with Disabilities.--Beyond the general protection of the 
Constitution, there is no specific legislation dealing with the 
disabled. However, the labor laws permit authorization of employment of 
a disabled person for less than the minimum wage, in order to increase 
opportunities for employment of the disabled (see Section 6.e.). There 
is no requirement mandating access for those with disabilities.
    Indigenous People.--There is a significant Carib Indian population, 
estimated at 3,400, of a total population of 72,000. Most live on a 
3,783-acre reservation created in 1903 and expanded in 1997. School, 
water, and health facilities available on the Carib reservation are 
rudimentary but similar to those available to other rural Dominicans. 
Most Carib Indians engage in farming, fishing, and handicraft. 
Unemployment is believed to be higher than in rest of the country, 
while the average income is below the national average. About 65 
percent of the Carib population is between the ages of 18 and 35.
    The reservation is governed by the 1978 Carib Constitution. Carib 
Indians over the age of 18 who reside there are eligible to vote for 
the Chief and eight members of the Council of Advisors. Elections are 
held every 5 years, and the latest election was held in July. According 
to the Carib Constitution, the Council must meet once a month, 
determine the chief's itinerary, and publish council meeting agendas in 
the government Gazette.
    There are credible reports of discrimination against Carib women 
who are married to, or who live with, non-Carib men, making it 
difficult for such couples to obtain permits to build homes within the 
reservation. Building permits are obtained from the Carib Council. 
Until 1979 the Carib Constitution allowed Carib men married to non-
Carib women to continue living on the Carib reserve but dictated that 
Carib women married to non-Carib men had to move off the reservation. 
Although the law has changed, practice is not yet in keeping with the 
law. In one case, a Carib woman in a common-law relationship with a 
non-Carib man who tried to build a house on land reserved for her 
family received threats that her house would be burned down. An 
estimated 25 percent of the Carib Indian population is believed to be 
in mixed marriages or relationships.
Section 6. Worker Rights
    a. The Right of Association.--All workers have the legal right to 
organize, to choose their representatives, and to strike, but unions 
represent less than 10 percent of the work force. All unions are 
independent of the Government. While there are no direct ties, members 
of certain political parties dominate some unions. There is no 
restriction on forming labor federations, and unions are affiliated 
with various international labor bodies.
    b. The Right to Organize and Bargain Collectively.--Unions have 
legally defined rights to organize workers and to bargain with 
employers. Collective bargaining is widespread in the nonagricultural 
sectors of the economy, including the government service, and there is 
also recourse to mediation and arbitration by the Government. The law 
prohibits antiunion discrimination by employers, and judicial and 
police authorities enforce union rights. In addition employers must 
reinstate workers fired for union activities. The law requires that 
employers recognize unions as bargaining agents once both parties have 
followed appropriate procedures. Department of Labor inspectors under 
the supervision of the Labor Commissioner enforce labor legislation, 
but the small Labor Inspection Office lacks qualified personnel to 
carry out its duties.
    Labor regulations and practices governing the country's industrial 
areas and export firms do not differ from those prevailing in the rest 
of the economy.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including that by children, and such labor 
is not known to exist.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The minimum legal age for employment is 15 years. 
Employers generally observe this law without government enforcement. 
The law prohibits forced or bonded child labor, and the Government 
enforces this prohibition effectively (see Section 6.c.).
    e. Acceptable Conditions of Work.--The law sets minimum wages for 
various categories of workers, but these were last revised in 1989. The 
minimum wage rate for some categories of workers (e.g., household 
employees) is as low as $0.37 (EC$1.00) per hour if meals are included. 
However, minimum wages for most workers fall in a range between $0.74 
(EC$2.00) per hour for tourist industry workers to $1.11 (EC$3.00) per 
hour for occupations such as shopclerks. Minimum wages are not 
sufficient to provide a decent standard of living for a worker and 
family. However, most workers (including domestic employees) earn more 
than the legislated minimum wage for their category. The Minimum Wage 
Advisory Board met in 1998 and recommended increases in these wage 
levels. The Prime Minister, who is also Labor Minister, had not yet 
acted upon these recommendations at year's end.
    The labor standards laws state that no employer shall establish or 
maintain differences in wages between men and women performing the same 
or similar work with parallel responsibilities under similar 
conditions. The law further states that no employer may reduce the 
wages of an employee to comply with equal wage standards. The labor 
laws also provide that the Labor Commissioner may authorize the 
employment of a disabled person at a wage lower than the minimum rate 
in order to enable that person to be employed gainfully.
    The standard legal workweek is 40 hours in 5 days. The law provides 
for a minimum of 2 weeks' paid vacation per year. The Employment Safety 
Act provides occupational health and safety regulation. Local NGO's 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 Labor, which can 
and does prescribe specific compliance measures, impose fines, and 
prosecute offenders. Workers have the right to remove themselves from 
unsafe work environments without jeopardy to continued employment.
    f. Trafficking in Persons.--There are no laws that specifically 
address trafficking in persons.
    Recent press reports indicate that the country's economic 
citizenship program, which allows individuals to purchase passports 
through investments ranging from $15,000 (EC$40,000) to $50,000 
(EC$135,000), has facilitated the illegal immigration of persons from 
China and other countries to North America. Criminal organizations 
reportedly provide funds to such individuals to pay these fees, and the 
persons later are trafficked to Canada and the United States, where 
they work under conditions similar to bonded labor until their debt is 
repaid.
                                 ______
                                 

                           DOMINICAN REPUBLIC

    The Constitution provides for a popularly elected president and a 
bicameral Congress. President Leonel Fernandez of the Dominican 
Liberation Party (PLD) took office in 1996 after a free and fair 
election. The opposition Dominican Revolutionary Party (PRD), after 
free and fair congressional elections in May, 1998, dominates the 
Senate and has the largest presence in the lower house. The efforts of 
the Supreme Court have led to a more effective judiciary independent of 
other branches of government; nevertheless, there have been attempts by 
both public and private entities, including the executive branch, to 
undermine judicial independence.
    The National Police (PN), the National Department of Investigations 
(DNI), the National Drug Control Directorate (DNCD), and the military 
(army, air force, and navy) form the security forces. The PN is under 
the Secretary of the Interior and Police; the military is under the 
Secretary of the Armed Forces; and the DNI and the DNCD, which have 
personnel from both the police and the military, report directly to the 
President. Although the security forces generally are responsive to 
civilian authority, there were many instances in which members of the 
security forces acted independently of government authority or control. 
Some members of the security forces continue to commit human rights 
abuses, sometimes with the tacit acquiescence of the civil authorities.
    The economy, once heavily dependent on sugar and other agricultural 
exports, continues to diversify; tourism, telecommunications, and free 
trade zones (FTZ's) are major sources of income and employment. 
Remittances from abroad, estimated to exceed $1.5 billion, are 
equivalent to approximately 10 percent of the $1,800 per capita gross 
domestic product. The country's agricultural and tourism sectors and 
electrical power network largely have recovered from the effects of 
Hurricane Georges, which hit the island in 1998, while transportation 
infrastructure lags somewhat behind. During the year, the Government 
transferred the sugar mills and lands belonging to the State Sugar 
Council (CEA) by long-term lease to private control and privatized the 
distribution function and part of the power generating capacity of the 
Dominican Electricity Corporation. Income distribution in the country 
is highly skewed, and more than half of the population live in poverty.
    The Government's human rights record continued to be characterized 
by serious problems. Police committed over twice as many extrajudicial 
killings as in 1998. The police beat suspects and regularly used 
excessive force to disperse demonstrators. Some security force 
personnel tortured prisoners. Prison conditions in general are 
extremely harsh. Police arbitrarily arrested, detained, and abused 
suspects and suspects' relatives. Lengthy pretrial detention and long 
delays in trials remained problems. Security forces committed break-ins 
of private quarters without cause to search for suspects, and regularly 
refused to obey judicial orders. The police were responsible for most 
of the human rights abuses committed by the security forces and in many 
cases commit such abuses with impunity. The administration and 
effectiveness of the justice system improved somewhat, although 
interference with the judiciary remained a problem, as did 
administrative corruption. The Government at times pressured editors 
not to publish unfavorable items, journalists practiced some self-
censorship, and police on several occasions limited freedom of 
assembly. The Government restricts the movement of Haitian sugar cane 
workers. Violence and discrimination against women; trafficking in 
women and girls; prostitution, including child prostitution; abuse of 
children; discrimination against the disabled, discrimination against 
and abuse of Haitian migrants and their descendants; and forced labor 
and child labor are serious problems. Workers in the sugar plantations 
and mills of the CEA continued to work under unfair and unsafe 
conditions through the harvest season.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings by government officials; however, police 
reportedly committed well over 200 extrajudicial killings during the 
year, nearly three times the number in 1998. The Dominican Human Rights 
Committee and others state that the police may employ unwarranted 
deadly force against criminal suspects in a kind of uniformed 
vigilantism. In addition, some victims are involved in private disputes 
with police agents who use their public authority and weapons tomurder 
them, while other victims later were found to be honest citizens 
erroneously caught up in the wave of antigang violence carried out by 
the police. The circumstances of the vast majority of these killings 
are questionable, but witnesses other than the police usually are 
lacking.
    Extrajudicial killings stem from the lack of basic education, poor 
training, and weak discipline of the members of the police force. These 
problems are aggravated by low pay and the fact that the Government's 
budgetary allocation for the police is too low to support the higher 
recruiting standards needed and to provide adequate training. For 
example, new recruits fire only one round during training, and there is 
no coherent policy on the use of deadly force or rules of engagement by 
the police. Finally, there is a lack of specific training in human 
rights as applied to police work.
    In the majority of the more than 200 extrajudicial killings, the 
police characterized the victims as delinquents. The rest were wives, 
girlfriends, or associates of the officers, other civilians, or fellow 
officers. In most cases, the police said that the deaths resulted from 
the exchange of gunfire incident to arrest. In many cases, the police 
commit such killings with impunity. In October the Inter-American 
Commission on Human Rights (IACHR) issued a report that criticized the 
police for committing extrajudicial killings and neglecting to 
investigate and punish officers responsible for such abuses.
    In Santo Domingo, police said that they shot a man known only as 
``Penita'' when he confronted their patrol with a shotgun in the 
streets of Manoguaybo. The police said that Penita was wanted on a 
series of charges and that when he was spotted by a patrol he 
immediately began shooting. The police, according to their spokesman, 
returned the fire, mortally injuring Penita, who died en route to the 
hospital. There were no outside witnesses to confirm or dispute the 
police account, which was typical of police encounters with 
delinquents, as described by the police.
    The police shot and killed Fausto Torres Estevez, whom they sought 
in connection with the murder of a fellow officer earlier the same day. 
According to the PN, Torres Estevez was a known delinquent in Santiago, 
and in possession of a 12-gauge shotgun with which he tried to fight 
off the police patrol. However, according to neighbors and other 
witnesses, Torres Estevez was walking when a vehicle suddenly swerved 
to a stop in front of him and several men carrying firearms leaped out 
and began shooting. When he was dead, they put his body in the trunk of 
their vehicle and drove him to the morgue. No investigation has been 
reported.
    Police have claimed that the deaths of so-called delinquents result 
from shoot-outs requiring the police to act in self-defense. However, a 
number of cases highlight instances in which the public has been 
misinformed. In at least one confirmed case, the deaths occurred after 
the alleged delinquents were taken into custody. In Moca the police 
handcuffed three young men and placed them, alive, in the back of a 
police pickup truck. A young journalism student who happened to be 
present recorded their arrest and departure from the scene. When the 
truck arrived at the police headquarters, the three men were dead. The 
authorities arrested a general, a colonel, a legal consultant, and 
various police officers in connection with the three deaths and 
transferred them from the jail in Santiago to the National District in 
furtherance of the investigation.
    Witnesses reported that the police shot and killed 26-year-old 
Felix Manuel, a Herrera man with a criminal record, moments after the 
police officers placed him under arrest. No investigation of this 
incident has been reported.
    The police in La Romana detained a young man who had reportedly 
videotaped the arrest of a young man who was dead when he arrived at 
the police station. The police confiscated the videotape, but not long 
thereafter reported that two private citizens had erased it because 
they wanted to ``avoid confusion among the public.'' However, the 
erasure occurred while the tape was in police custody.
    Police courts may try police officers or may remand them to 
civilian court jurisdiction. Military courts try military personnel 
charged with extrajudicial killings. Chief of Police Pedro de Jesus 
Candelier announced that every time an officer is involved in a 
questionable incident, the case goes to a commission of superior 
officers for investigation. He said that if it is determined that the 
police officer has exceeded his authority, the case is sent to the 
police courts or to the civilian courts, depending on the severity of 
the offense. Outof a force of about 23,000 members, including officers 
and cadets, Candelier fired at least 2,300 during the year and 
investigated or detained hundreds of police officers because of their 
alleged use of excessive violence. Also, despite efforts to vet police 
recruits, many persons with prior criminal records reportedly have been 
incorporated into police ranks, either using false names or 
identification or with recommendations from other state institutions, 
such as the army. Candelier has undertaken an ongoing process to 
eliminate unqualified or abusive police officers.
    The police used force--at times deadly force--to disperse 
demonstrators. The PN reported that nine persons were killed in the 
course of protest demonstrations during the year, mostly in the 
northeast and south of the country. For example, the military and 
police were called into service to clear former employees of the sugar 
mills, squatters, and would-be alien smugglers off government-owned 
lands. In the process of removal of families with 15 to 25 years' 
residence in Los Valientes de la Caleta, near Boca Chica, government 
agents killed one man and shot several others. A young man of Punta de 
Moca died from a gunshot wound received when police attempted to stop a 
demonstration organized by community members to focus attention on 
unfinished public works projects in their area.
    The IACHR report also criticized the Government for extrajudicial 
killings carried out by state agents in prisons.
    There was no progress reported in trials of police officers 
detained for killing law student Franklin Bortolo Fabian Mejia in July 
1998; for killing a suspected robber of a Santiago pharmacy, also in 
July 1998; for killing a priest after allegedly mistaking him for a 
murder suspect in August 1998 in Santo Domingo; or for the triple 
homicide on November 25, 1998, of three young male victims who might 
have been killed because of their refusal to share the proceeds of a 
recent robbery with the police.
    There was some progress in the case of the 1975 murder of 
journalist Orlando Martinez Howley, a critic of the Balaguer 
administration, in the Criminal Chamber of the Court of Appeals in 
Santo Domingo. Although the authorities released one suspect from 
custody following a highly controversial judicial ruling, another of 
the accused, Mariano Cabrera Duran, is to stand trial. Former President 
Balaguer himself continues to be vulnerable to future charges of 
complicity and obstruction of justice, as well as to being called as a 
witness, should the case ever reach trial.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    In the case of Narciso Gonzalez, a university professor and critic 
of the Balaguer government who disappeared in May 1994, an examining 
magistrate questioned more than 20 people, 16 of whom were present or 
former members of the armed forces. The authorities detained three 
persons--retired General Constantino Matos Villanueva, retired General 
Leonardo Antonio Reyes Bencosme, and Colonel Manuel C. Perez Volquez--
for different periods of time during the year. A court later released 
them from custody on writs of habeas corpus. The investigations 
continued at year's end.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture and other forms of 
physical abuse; however, security forces' personnel continue to 
torture, beat, and otherwise physically abuse detainees and prisoners. 
Lack of supervision, training, and accountability throughout the law 
enforcement and corrections systems exacerbate the problem of physical 
abuse. The IACHR's October report, human rights groups, and the press 
reported regular and repeated occurrences of physical abuse of 
detainees while in custody.
    Shortly after her release from 2 years' confinement on drug-related 
charges, ``Miss Najayo 98'' Angela de la Cruz spoke of practices she 
witnessed at the Mexico section of the San Pedro de Macoris prison, 
including torture. The most graphic was the use of a punishment called 
``the toaster'', where guards laid prisoners, shackled hand and foot, 
on a bed of hot asphalt for the entire day and, if they screamed, beat 
them with a club. The army administers San Pedro de Macoris prison.
    Homosexual and transvestite detainees report to gay rights 
advocates that during detention the police have held them in a darkened 
room and have given them the alternative of performingfellatio on 
whichever guards so desired or being placed in a locked cell with the 
most dangerous prisoners, where the detainees presumed that they would 
be raped, beaten, or both. Other informants confirmed that the police 
use the prospect of being locked in with the most dangerous prisoners 
as a threat. For example, a police sergeant struck a newspaper artist 
arrested for a traffic infraction when the latter asked to make a 
telephone call and told him to shut up or be locked in with the most 
dangerous prisoners.
    The National Coordinator for Human Rights cited the Department of 
Homicide and Robbery Investigations and DNCD for the persistent use of 
torture to extract confessions from detainees. The method most often 
used is beating. After several former detainees went to the press with 
credible reports that the police interrogators had beaten them 
repeatedly, the Chief of Police and Attorney General designated a 
commission to investigate. The beatings allegedly took place during 
periods of detention of up to 15 days without arraignment before a 
judge (the Constitution permits only 48 hours). The informants reported 
that the police repeatedly awoke them during the night for questioning.
    The National District prosecutor's office continued to place 
lawyers in high-volume police stations and in several DNCD offices to 
monitor the investigative process and to assure that detainees' rights 
are respected (see Section 1.d.). Most of the affected PN and DNCD 
investigators responded positively to this oversight, although some 
DNCD personnel reportedly complain that their hands were being tied. 
Still, the initiative remains largely limited to the Santo Domingo 
metropolitan area, with a lesser presence in Santiago. There is some 
evidence that these assistant prosecutors at times acquiesce in 
traditional police practices, rather than attempt to raise these 
practices to constitutional standards. Less qualified prosecutors 
assigned to the rest of the country have not yet assumed stronger roles 
in managing criminal investigations and ensuring the rights of 
suspects. Human rights courses are an integral part of military and 
DNCD training, both for enlisted personnel and officers.
    Civilian prosecutors sometimes file charges against police and 
military officials alleging torture, physical abuse, and related 
crimes. A 1997 law provides penalties for torture and physical abuse, 
including sentences from 10 to 15 years in prison. However, until 
recently these provisions were not known fully or applied by 
prosecutors and judges. In August the Government inaugurated a judicial 
training school, which eventually may remedy this type of lag between 
legislative action and judicial follow-through.
    In December the PN chief ordered the arrest of Colonel Benito Diaz 
Perez after an investigation by the PN's Internal Affairs Department of 
allegations that he was torturing detainees in the police detachments 
that he commanded in Sabana Perdida, Villa Mella, Guaricanos, and other 
communities north of the National District. The charges included use of 
battery acid on suspects during questioning. Dozens of complaints of 
torture and mistreatment had been lodged against Colonel Diaz Perez 
during his career. He reportedly threatened the life of the president 
of the Dominican Committee on Human Rights, Virgilio Almanzar, when the 
latter visited La Victoria Prison during the Colonel's tenure there in 
1994. Nevertheless, the PN had placed him in command of the police in a 
cluster of densely populated communities.
    The police at times forcibly dispersed demonstrators, using tear 
gas and weapons (see Sections 2.b. and 3).
    Election campaigning was relatively peaceful, although there were 
isolated instances of violence.
    Prison conditions range from poor to extremely harsh, but most 
facilities fall in the latter category. The prisons are seriously 
overcrowded, health and sanitary conditions are poor, and some prisons 
are out of the control of the authorities. Prison conditions for the 
vast majority of prisoners are so harsh as to be in violation of the 
constitutional ban on punishments that involve the loss or diminution 
of the health or physical integrity of the individual. Reports of 
torture and mistreatment in prisons are common. A warden is responsible 
for running each prison and reporting to the Attorney General through 
the Directorate of Prisons. A police or military colonel (or lieutenant 
colonel) who is appointed for 3 to 6 months only, reports to the warden 
and is responsible for providing security. However, in practice the 
colonel is in charge of the prison, and neither the Directorate of 
Prisons nor the individual wardens have much power. According to 
credible reports, some prisons are totally out of the control of 
theauthorities. They are, in effect, operated by armed inmates, who 
decide whether an individual gets food, or space to sleep, or a needed 
visit to a doctor or dentist. Individual inmates only can secure a 
tolerable level of existence by paying for it. Only those with 
considerable personal or family resources can do so.
    Conditions at La Victoria prison, run by the PN, pose a serious 
threat to life and health. This prison held 3,099 prisoners in a 
facility built for 1,000. Prisoners had 4 square yards of space apiece. 
In four prisons--Azua, Nagua, La Romana, and Higuey--inmates had one-
half square yard each. In San Cristobal they had 1.5 square yards; in 
12 other prisons the space available was 2 to 3 square yards. Nine 
others allowed 4 square yards per inmate. At Elias Pina, a prison built 
in 1922, there were 24 beds and--depending on the reports relied on--82 
or 160 prisoners. There was no kitchen, no laundry, no workshops, no 
area for religious services, no recreation area, no dining room, no 
commissary, no dispensary, no warden's office, and no school. There was 
a sewer system, a cistern for water, and a septic tank. In May the 
press reported that inmates at Elias Pina had not seen the sun for 4 
months and that the lack of light was the cause of many prisoners 
losing their sight--at least temporarily--when released or transferred 
from Elias Pina.
    In 32 prisons around the country with a total capacity of 6,971 
persons, the police and the military held more than 15,000 persons. 
During the first 6 months of 1999, the number of new admissions 
exceeded the number of releases by 1,461. Medical care suffers from a 
lack of supplies and available physicians. Prisoners immobilized by and 
dying of AIDS are not transferred to a hospital, but some terminal-
stage inmates were released early to spend their last days at home.
    The General Directorate of Prisons falls under the authority of the 
Public Ministry and is seriously underfunded. An effort by the Director 
of Prisons to create a new corps of specially trained prison officers 
collapsed when it was omitted from the Government's budget. Initial 
budget allocations for necessities such as food, medicines, and 
transportation were reduced still further during the year.
    In June the wardens of 31 prisons reported that their money to buy 
food for the prisoners was exhausted in May, and that for 17 days they 
were unable to provide breakfast or supper to the inmates. A government 
food program for the general public was providing lunches at some 
prisons; at others, food came from the agricultural products raised, 
while at other prisons the inmates had for lunch whatever could be 
begged from persons who lived in the vicinity of the prison or brought 
by family members.
    In September the Director of Prisons reported that funds to buy 
gasoline had run out. Consequently there was no way to transport 
prisoners to court for hearings or trials.
    Prisons controlled by the military generally are administered 
better than those controlled by the National Police.
    Female prisoners are separated from male inmates. In general, 
conditions in the female prison wings are superior to those found in 
male prison wings. There have been some reports of guards abusing 
female inmates.
    The law requires that juveniles be detained separately from adults. 
However, a recent press report found a high incidence of violations, 
with 200 minors jailed with adults at Najayo prison.
    The Government permits prison visits by independent human rights 
monitors and by the press.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention are problems. The Constitution provides for the security of 
the individual against imprisonment without legal process, detention 
beyond 48 hours without being presented before judicial authorities, or 
failure by custodial authorities to present detainees when requested. 
It also provides for recourse to habeas corpus proceedings to request 
the release of those unlawfully withheld. However, the security forces 
continue to violate constitutional provisions by detaining suspects for 
investigation or interrogation beyond the prescribed 48-hour limit. The 
security forces traditionally detain all suspects and witnesses in a 
crime and use the investigative process to determine which ones are 
innocent and merit release, and which ones they should continue to 
hold. After the prosecutor's office placed its lawyers in several 
police stations in 1997, the police began to curtail thepractice of 
arbitrary detention in those precincts. However, progress has been slow 
(see Section 1.c.), and this program has been limited for the most part 
to the Santo Domingo metropolitan area.
    The prosecutor for the Court of Appeals in Santiago reported that 
the Department of Investigation of Homicide and Robbery of the National 
Police, Northern Command, routinely detained persons beyond the 48-hour 
limit. Detainees at police headquarters in Santo Domingo, known as 
``the palace'', complained of being held for 15 to 21 days.
    The police continued the practice of making frequent sweeps or 
roundups in low-income, high-crime communities in which they arrest and 
detain individuals arbitrarily. The alleged object of the roundups is 
to fight delinquency. Following the indiscriminate arrests, the police 
regularly detain individuals for up to 20 days or more, while they look 
for a reason to charge them with a crime.
    The police say that they rely upon unlawful detention without 
presentation to a court because some cases involve more complicated 
investigations. However, there is a clear pattern of the police 
arresting individuals before investigating a crime thoroughly, relying 
on confessions to make their case. Without the education, training, or 
equipment to conduct modern forensic investigations, police instead 
hold suspects incommunicado (see Section 1.e.), repeatedly question 
them, and sometimes beat them, until they confess. The prosecutors who 
are assigned to monitor the criminal investigation phase at police 
stations appear to be unable to control the practice (see Section 
1.c.).
    A related problem is the police practice of arresting and detaining 
individuals solely because of their familial or marital relationship to 
a suspect. A suspect's parents, siblings, or spouse are all vulnerable 
to this practice, the goal of which is to compel an at-large 65 suspect 
to give himself up or to coerce a confession from one already arrested.
    A former police sergeant, Roberto Medina Guerrero, the brother of 
another former policeman wanted in connection with a gang known as Los 
Murdos, gave himself up to the police through the good offices of the 
president of the Committee on Human Rights. He complained that the 
police had unleashed a wave of repression upon his entire family, that 
they even arrested his 65-year-old mother, Esperanza Maria Guerrero, 
and held her for several days to pressure his brother Cristian to give 
himself up. Medina Guerrero reported that he was detained for 5 days, 
released on a Friday, and on the following Monday the police were 
looking for him to arrest him again.
    In December the PN chief ordered that this practice be ended 
immediately.
    In September DNCD Director Vice Admiral Luis Alberto Humeau Hidalgo 
promised a full investigation of a case in which agents of the DNCD, as 
well as someone claiming to be with INTERPOL, arrested a young man and 
held him pending payment by his family of about $20,000 (300,000 
pesos). Sotero Velez was detained for several days. His family 
collected $10,000 (150,000 pesos), bought their son's freedom, and 
promptly reported the case to the prosecutor.
    During the days leading up to the general strike called in October 
to protest an increase in fuel prices, the PN arrested numerous labor 
union officials as well as others whom it suspected of supporting the 
strike or opposing the Government. The police held those taken into 
detention for several days, without warrant or arraignment.
    Many suspects suffer long pretrial detention. In December over 74 
percent of the national prison population were awaiting trial, almost 
the same proportion as in 1998. However, while suspects nationwide 
still suffer long pretrial detention, judicial statistics show reduced 
delays for the last 3 years in the Santo Domingo National District (an 
area that accounts for approximately 45 percent of all criminal cases 
in the country). In this area the average pretrial detention dropped 
from 13.8 months in 1996 to 6.1 months in 1999. However, the rest of 
the country apparently has experienced only modest decreases in 
judicial delays. In December prison statistics showed that 10,833 of 
the 14,604 inmates were in pretrial or preventive detention; only 3,771 
actually had been convicted.
    Because of the historical inefficiency of the courts (see Section 
1.e.), the granting of bail serves as the de facto criminal justice 
system. As a rule, defendants awarded bail rarely face an actual trial. 
(Time already served counts towarda sentence.) This situation improved 
somewhat as a result of the steps taken by the Santo Domingo District 
Attorney and the judiciary, in cooperation with the Director of 
Prisons, to introduce a prisoner registry system whose goal is to 
ensure that prisoners receive a timely trial. The prison system (see 
Section 1.c.) remains underfunded and sometimes is unable to account 
for prisoners who are scheduled for trial or for release. The failure 
of the prison authorities to produce the accused caused 21 percent of 
all trial postponements. The authorities held some prisoners even 
though there was no formal charge against them, and kept some prisoners 
jailed even after a court ordered their release.
    Jose Luis Amezquita spent 15 years behind bars without an official 
charge and without ever being presented to a judicial officer, before 
he was finally released on a writ of habeas corpus. During his 
incarceration, he spent at least some time in the majority of the 
country's prisons and his case finally came to the attention of the 
Public Defender program, which ultimately obtained his release. At the 
time of his release, then-Attorney General Mariano German Mejia 
launched an investigation to determine the identities of other persons 
incarcerated without official charges or convictions, saying that these 
cases represent the lack of order and structure within the judicial 
system. Other officials noted that there may be hundreds of such cases 
in the prison system.
    The law prohibits forced exile, and there were no reports of its 
use. However, persons who credibly asserted that they were citizens 
were sometimes expelled to Haiti (see Section 1.f.).
    e. Denial of Fair Public Trial.--The Constitution calls for an 
independent judiciary; however, there have been attempts by other 
public and private entities, including the executive branch, to 
undermine judicial independence. In August 1997, the National Judiciary 
Council chose members of the Supreme Court for the first time, 
beginning a new independence from the executive and legislative 
branches, and the efforts of the Supreme Court have led to a more 
effective judiciary independent of the other branches; nevertheless, 
interference from other branches continues.
    The judiciary, based primarily on the French judicial system, 
includes the 16-member Supreme Court, appeals courts, courts of first 
instance, and justices of the peace. There are also specialized courts 
that handle administrative, labor, land, and juvenile matters.
    Military or police courts have jurisdiction over members of the 
security forces. There is increasing controversy over the use of 
military or police panels to judge the propriety of armed forces or 
police conduct. Public pressure has resulted in military or police 
boards remanding some cases involving serious crimes to civilian courts 
for review, after the boards ordered the perpetrators to be discharged 
dishonorably. In other cases, civil authorities have requested the PN 
to turn over their files so that cases of suspected extrajudicial 
killings might be evaluated independently for possible prosecution.
    Judges, rather than juries, render all verdicts. Under the 1994 
constitutional amendments, the Supreme Court is responsible for naming 
all lower-court judges in accordance with a judicial career law, which 
entered into force in August 1998. The National Judiciary Council 
selects new justices of the Supreme Court. The Council consists of the 
President, the President of the Senate, the President of the Chamber of 
Deputies, two at-large members designated by them, the President of the 
Supreme Court, and one other justice designated by the Supreme Court.
    Following the commission of a crime, the criminal process begins 
with the arrest of possible suspects. During the investigative phase, 
suspects are questioned repeatedly and urged to confess. The 
Constitution provides for the right not to be arrested without judicial 
warrant except in cases where the suspect is caught in the act; the 
right not to be deprived of liberty without trial or legal formalities, 
or for reasons other than those provided by law; the right to be 
presented to a competent judicial authority within 48 hours of one's 
detention; the right not to be a witness against oneself; and the right 
to a defense in an impartial and public trial.
    The most serious and common violation of these rights occurs when 
police detain suspects, sometimes for many days, without giving them 
access to a telephone call to family while subjecting them to frequent 
questioning. Although accused persons are entitled to have an attorney 
present, they often arenot permitted to call one or, if one arrives, 
the attorney is not permitted to be present during the questioning. 
(The police complain that the presence of attorneys interferes with 
their investigations.) Under these circumstances, suspects may confess 
to acts that they did not commit merely to get relief from the intense 
questioning and the detention. The results of these interrogations 
frequently form the only evidence presented at the trial.
    The Supreme Court broadened the remedy of ``Amparo''--an action any 
citizen may bring for violation of a constitutional right--to include 
violations by judicial officials, in accordance with the terms of the 
American Convention on Human Rights.
    The Supreme Court continued to combat judicial corruption and 
incompetence. In a series of operations, the trial court judges in the 
National District eliminated all but criminal cases from their dockets, 
then set themselves a target of hearing some 12 or 13 cases per day. 
Using this approach in cooperation with other segments of the criminal 
justice system, the trial judges succeeded in increasing the number of 
cases resolved so that they finally exceed, slightly, the number of 
cases taken into the system. The process of dispute resolution was 
assisted by recourse to the use of private reconciliation and mediation 
as alternatives to trial and incarceration.
    There remains a backlog of 100,000 criminal cases in the National 
District alone, and a total of 200,000 throughout the country. The 
Supreme Court's plan to unclog the court dockets has been frustrated by 
the Government's failure to allocate sufficient funds. Dockets are 
crowded with traffic infractions that should be heard in the traffic 
courts provided for by statute; due to a lack of funds, the traffic 
courts have not been set up. Other complications in clearing the 
backlog arise from the exhaustion of funds for transporting prisoners 
to court; many cases must be sent back when the accused does not 
appear. The Government has not yet established 25 additional courts 
provided for by law and planned for the National District and elsewhere 
in the country.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution contains provisions against invasion 
of the home; however, police sometimes break in to private quarters 
without cause to search for suspects, and the authorities infringe on 
citizens' privacy rights in other ways as well. Although the Government 
denies arbitrary use of wiretapping or other surreptitious methods to 
interfere with the private lives of persons or families, it tolerates 
an active private wiretapping industry.
    The law permits the arrest of a suspect caught in the act of 
committing a crime, and police may enter a residence or business in 
pursuit of such suspects. Otherwise judges must authorize arrests and 
issue search warrants. However, the PN and occasionally the DNCD 
continue to violate these requirements. Some prosecutors confess that 
out of ``tactical necessity to combat criminality'' and ``with great 
reluctance'', they tolerate the illegal search practices. They justify 
their actions by arguing that the Government has not provided 
sufficient resources or attention to criminal investigation and that, 
given the cumbersome and antiquated criminal procedures, adhering to 
the letter of the law would make law enforcement nearly impossible.
    On a Saturday in early August, the police executed a series of dawn 
raids on motels in and near the National District in an attempt to 
locate and arrest suspected criminals. They woke up persons of whom 
there was no reason to suspect any criminal activity, before 6 a.m. and 
made them stand outside while their rooms were searched. Human rights 
advocates complained vigorously that these raids interfered with the 
security of domicile provided for by the Constitution.
    In September police agents in Barahona carried out a number of 
early morning break-ins at various homes in the community in search of 
the organizers of a strike held the previous day during which one 
person was killed and several others were wounded. The police detained 
several persons as a result of the searches.
    The security forces continued to detain relatives and friends of 
suspects to try to compel suspects to surrender or to confess (see 
Section 1.d.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for these 
freedoms, and the Government generally respects them in practice; 
however, there are some exceptions. There are instances of government 
pressure on editors not to publish certain unfavorable items, such as 
negative poll results.
    Citizens of all political persuasions exercise freedom of speech. 
Newspapers and magazines freely present a diversity of opinion and 
criticism. However, self-censorship is practiced, particularly when 
coverage could adversely affect the economic or political interests of 
media owners.
    In an apparent attempt to suppress information, the police arrested 
a journalist who had listed the numerous extrajudicial killings during 
the year and held him for questioning.
    Major supporters of the ruling PLD made significant financial 
investments in a major newspaper, which at the time faced bankruptcy. 
Those investments were followed by a perceptible change in the 
newspaper's content, as its coverage of government activities and PLD 
candidates became more favorable. This sequence of events created the 
appearance of improper government influence.
    The numerous privately owned radio and television stations 
broadcast all political points of view. The Government controls one 
television station.
    Public and private universities enjoy broad academic freedom. The 
main public university, the Autonomous University of Santo Domingo, 
with approximately 100,000 mostly part-time students, has few 
restrictions on enrollment and maintains a policy of nonintervention 
(other than on curriculum development) in classroom affairs. The 
Government exerts no control over private universities, except for the 
preservation of standards, and teachers are free to espouse their own 
theories without government oversight.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally respects 
this right in practice; however, there were some exceptions. Outdoor 
public marches and meetings require permits, which the Government 
usually grants; however, there were incidents in which the police used 
force to break up demonstrations. In January the security forces used 
tear gas and fired shots in clashes with PRD supporters during the 
campaign for control of the Dominican Municipal League (LMD), which has 
an important political role in influencing the flow of government funds 
to the relatively autonomous municipal governments. On several 
occasions throughout the year, the Government responded with force to 
disperse demonstrators calling for completion of public works projects, 
opposing evictions, or supporting a strike.
    Judicial branch statistics concerning the use of the criminal 
charge of ``association with criminal elements'' suggest improvement in 
conditions for political dissent under the Fernandez administration. 
Under former President Balaguer, the authorities traditionally used 
this charge against dissidents and those involved in street 
demonstrations against the Government. From 1990 to 1996, this charge 
represented 13 to 16 percent of all criminal charges filed in the 
National District. In 1997 and 1998, this figure dropped to less than 2 
percent. However, it rose slightly, to 3 percent, in 1999.
    The Constitution provides for freedom of association, and the 
Government generally respects this right in practice. Political parties 
frequently affiliate with their foreign counterpart organizations. 
Professional organizations of lawyers, doctors, teachers, and others 
function freely and can maintain relationships with counterpart 
organizations.
    c. Freedom of Religion.--The Constitution prohibits discrimination 
on religious grounds, and the Government does not interfere with the 
practice of religion. Many religions and denominations are active.
    The Catholic Church, which signed a concordat with the Government 
in 1954, enjoys special privileges not extended to other religions. 
These include the use of public funds to underwrite some church 
expenses, such as rehabilitation of church facilities, and a complete 
waiver of customs duties when importing goods into the country. 
Attendance at Catholic Mass for members of the National Police is 
compulsory.
    In August education authorities investigated a report that the 
directors of Pilar Constanzo Polytechnic School, in Villa Duarte, 
National District, were discriminating against students and teachers 
who were not Catholics. The publicly controlled school laid off at 
least 10 teachers, and there were also complaints that Protestant 
students were refused admission, despite excellent test scores and 
grades. Students whose parents are Jehovah's Witnesses, Seventh-Day 
Adventists, Mormons, and faiths other than Catholicism allegedly were 
refused entry to the school. The case was still under investigation at 
year's end.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
travel, except for limitations imposed under judicial sentence, or 
police regulations for immigration and health reasons. Citizens face no 
unusual legal restrictions on travel within or outside the country. The 
October IACHR report cited discrimination against Haitian workers, whom 
it said were subject to arbitrary and unilateral action by the 
authorities.
    Haitians continue to migrate in great numbers to the Dominican 
Republic, some legally but most without legal documents, in search of 
economic opportunity. Throughout the year, the security forces, 
particularly the army, repatriated undocumented Haitian nationals 
believed to be in the country illegally. International observers 
estimated that the Government deported approximately 10,000 Haitians 
from the southwestern province of Barahona alone. In many cases, the 
Government denied those deported the opportunity to demonstrate that 
they resided legally in the Dominican Republic or to make arrangements 
for their families or property. Haitian Government officials complained 
that Haitians often were detained with little or no food and then 
deported without timely notice to Haitian authorities. At year's end, 
there was no accurate count of the number of persons affected by this 
practice.
    The ongoing process of repatriating Haitian nationals accelerated 
during the second half of the year. According to the Director of 
Migration, hundreds of Dominican cedulas (identification cards) were 
confiscated from individuals during the month of November, before those 
persons were escorted to the Haitian side of the common frontier. Those 
expelled were told that their claim of nationality would be 
investigated, but no process for followup or investigation was in 
place.
    NGO representatives working in rural areas reported that decisions 
to deport often were made by lower ranking members of the security 
forces, sometimes based upon the racial characteristics of the 
deportees. The Director of Migration described the process of rounding 
up illegal Haitians as one essentially performed by the rank and file 
of the armed forces and immigration officers. They approach persons who 
look to them like Haitians, usually persons who have very dark 
complexions and fairly poor clothing. They engage them in conversation 
about their work and residence, mainly to check their use of Spanish 
and any accent they may have. If such persons speak Spanish poorly or 
with a noticeable accent, they are detained and deported, regardless of 
any documentation they may have showing their legal right to live in 
the country.
    The Haitian Government protested the failure to give detainees an 
opportunity for a hearing on their claim of citizenship or right to 
residence, although it acknowledges the Government's right to deport 
those individuals who are illegal aliens. NGO's and Catholic priests 
familiar with the process also have protested that children born of one 
or two Haitian parents in the Dominican Republic, heretofore denied 
registration as Dominican nationals, are frequently among those 
deported as illegal Haitians.
    According to a 1984 presidential decree, an applicant for refugee 
status must be referred to the Technical Subcommission of the National 
Commission for Refugees by the National Office of Refugee Affairs. The 
Subcommission, which makes a recommendation to the Commission, is made 
up of members from the Foreign Ministry, the DNI, and the Immigration 
Directorate. The Commission, which makes a final decision on the 
application,consists of the three members of the Subcommission; the 
legal advisor to the President; and members of the PN, the Secretariat 
of Labor, and the Attorney General's office.
    In practice, the National Office of Refugee Affairs is not yet 
functioning, although the subcommission makes recommendations, and the 
Immigration Directorate issues documentation to refugees certified as 
such by the U.N. High Commissioner for Refugees (UNHCR). While these 
documents are accepted routinely by the police and immigration 
officials, the process by which they are issued does not comply with 
the decree.
    The Government cooperates with the UNHCR and other humanitarian 
organizations in assisting refugees. The Government provides first 
asylum and resettlement.
    Citing fears of a massive influx of Haitians across the shared 
border, the Government backed away from its refugee policy with respect 
to Haitians, opting instead for a policy of strictly enforced 
documentary requirements and repatriation for those found lacking. This 
policy has, in practice, been rendered somewhat arbitrary by the 
reality of dependence on Haitian labor for certain agricultural labor 
and most construction work. Thus, after being stopped as a suspected 
illegal Haitian, an individual may be allowed to remain in the country 
despite his lack of documents if his story about his work satisfies the 
official who stopped him.
    In December the Government signed agreements with Haiti stipulating 
that it would not repatriate persons at night, on weekends, or on 
holidays; that it would only use four border crossing points where the 
Haitian authorities would have officials to receive deportees; and that 
it would avoid the separation of nuclear families in the process of 
repatriation. The agreements provide that the Government of Haiti would 
increase efforts to furnish Haitian migrants with identity documents 
and that it would put migration control posts along the Haitian side of 
the frontier.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully through periodic elections. The Dominican 
Republic is a constitutional democracy, and its citizens last exercised 
this right in free and fair congressional elections in May 1998. The 
President and all 179 members of the Senate and Chamber of Deputies are 
elected freely every 4 years by secret ballot. There is universal adult 
suffrage; however, active duty police and military personnel may not 
vote. In practice, voting is limited to those persons who can show a 
national identity document, which requires that their births have been 
registered properly by their parents.
    The nation has a functioning multiparty system. Opposition groups 
of the left, right, and center operate openly. In practice the 
President can dominate public policy formulation and implementation. He 
can exercise his authority through the use of the veto, discretion to 
act by decree, and influence as the leader of his party. Traditionally, 
the President has predominant power in the Government, effectively 
making many important decisions by decree. President Fernandez reduced 
the reliance on rule by decree during the first 3 years of his 
administration. The President appoints the governors of the 29 
provinces.
    Congress provides an open forum for the free exchange of views and 
debate. The main opposition party--the PRD--holds 18 of 30 seats in the 
upper house and 57 of 149 seats in the lower house. A third major 
party, the Social Christian Reform Party (PRSC) of former President 
Balaguer, contests all elections; various smaller parties are certified 
to contest provincial and national elections.
    The Central Electoral Board (JCE) conducts all elections. In August 
1998, the PLD and the PRSC began vigorously protesting the manner in 
which the PRD-dominated Senate had appointed the five-member JCE, 
calling the board unrepresentative and biased in favor of the PRD. In 
late 1998, the Fernandez administration showed its displeasure with the 
JCE by delaying disbursement of government funds. In April the leading 
political parties agreed that the Congress should approve legislation 
expanding the JCE to seven members until after the 2000 presidential 
elections.The PLD and the PRSC each nominated one new member to join 
the board.
    Opposition groups and human rights organizations criticized the 
violent confrontation and the closing of the Dominican Municipal League 
in January. The LMD is the organization of the country's mayors, and is 
responsible for dispersing approximately 4 percent of the national 
budget to municipal governments. The PRD holds a majority of the 
municipal governments and expected to elect one of its members to the 
presidency of the league at the January meeting. The police sealed off 
the building where the group was to convene, as well as the Congress, 
after protesters assembled to demonstrate about the impending 
elections. Police reportedly fired rubber bullets into the crowds of 
protesters, forcefully restrained Congressmen and mayors from entering 
the buildings, and used tear gas against the crowds. The PRSC and PLD 
parties, and the PRD, then held separate elections to select the new 
president of the LMD. Opposition critics claimed that the incident was 
indicative of the growing rift between the PLD (and its PRSC allies) 
and the PRD, as well as the rift between the executive branch, the 
legislature, and local governments. The PRSC candidate, supported by 
the PRD, was eventually recognized as the head of the LMD, but the 
institution did not function effectively during the year.
    Women and minorities confront no serious legal impediments to 
political participation; however, they are underrepresented in 
government and politics. By law parties must reserve 25 percent of 
positions on voting lists for women; a proposal to increase this 
proportion to 40 percent had not been approved by the legislature at 
year's end. However, the parties often place women so low on the lists 
as to make their election difficult or impossible. Women hold 2 seats 
in the 30-member Senate and 25 seats in the 149-member Chamber of 
Deputies. Women continue to be represented in appointed positions, 
albeit to a limited degree. The president of the Chamber of Deputies is 
a woman, as is the Secretary of State for the presidency. Three of the 
15 cabinet secretaries are women, but none of the 29 provincial 
governors are women. Women fill 5 of the 15 seats on the Supreme Court; 
there is 1 vacancy on the Court. The Government's Directorate for 
Women's Issues was elevated to cabinet level in August.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Nongovernmental human rights organizations operate freely without 
government interference. In addition to the Dominican Human Rights 
Committee, the National Human Rights Commission, and the 
nongovernmental Truth Commission (dealing with the Narciso Gonzalez 
case), several Haitian, church, women's, and labor groups exist.
    At the beginning of the Dominican-Haitian migration crisis in 
November, the Legal Advisor to the presidency--in what some construed 
as a government attempt to chill the exercise of free enquiry, 
criticism of the Government, and support of victims of abuse by human 
rights organizations--suggested in the press that international and 
human rights organizations, supported by donations from other 
countries, were actually foreign agents and should be registered as 
such.
    There is no ombudsman's office.
    The Government accepted the jurisdiction of the Inter-American 
Court of Human Rights for the first time in March.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The law prohibits discrimination based on race and sex. Such 
discrimination exists in society; however, the Government seldom has 
acknowledged its existence or made efforts to combat it.
    Women.--Domestic violence and sexual harassment are widespread. 
Under the 1997 Law Against Domestic Violence, the State can prosecute a 
suspect for rape, even if the victim does not file charges. This law 
also allows a rape victim to press charges against her husband without 
having her marriage annulled. However, because the law was passed 
relatively recently, its effectiveness cannot yet be determined. The 
Secretariat for Women assists women with outreach programs on domestic 
violence and legal rights. In 1998 the Government opened a center for 
the forensic examination of abused women, which handled 60 to 80 cases 
a day, most ofthem involving minors. However, at year's end, there were 
still no shelters for battered women.
    Although rape is a serious problem, it is widely believed to be 
underreported. The Santo Domingo district attorney's office received 
only 238 reports of rape during the year in the National District. (By 
contrast, that office reported over 400 cases per month in Santo 
Domingo of sexual abuse of minors and incest.) Victims often do not 
report cases of rape because of fear of social stigma, as well as the 
perception that the police and the judiciary would not provide any 
redress. The police are reluctant to handle rape cases and often 
encourage victims to seek assistance from NGO's.
    The Government does not vigorously enforce prostitution laws, 
except in cases involving child prostitution and international 
trafficking in women and girls (see Section 6.f.). Sex tourism is a 
growing industry throughout the country as the number of international 
visitors increases. NGO's have ongoing HIV/AIDS and sexually 
transmitted disease prevention programs for male and female 
prostitutes, as well as for hotel and industrial zone workers. The 1997 
Law against Domestic Violence prohibits acting as an intermediary in a 
transaction of prostitution, and the Government has used the law to 
prosecute third parties who derive profit from prostitution.
    Divorce is easily obtainable by either spouse, and women can hold 
property in their own names apart from their husbands. Traditionally, 
women have not shared equal social and economic status or opportunity 
with men, and men hold the majority of leadership positions in all 
sectors. In many instances women are paid less than men in jobs of 
equal content and equal skill level. Some employers in industry 
reportedly give pregnancy tests to women before hiring them, as part of 
a required medical examination. Union leaders and human rights 
advocates report that pregnant women often are not hired.
    Children.--Despite the existence of government institutions 
dedicated to child welfare, private social and religious organizations 
carry the principal burden. The private institutions receive no 
government financing.
    The 1994 Minor's Code requires only 6 years of formal education. In 
the National District, the Department of Family and Children, in the 
Office of the Prosecutor, administers the Minor's Code. The Department 
works with NGO's, law enforcement personnel, and the general public to 
publicize children's rights, to arrange conciliation of family 
conflicts, to execute court decisions with respect to child protection, 
and to interview children whose rights have been violated. The 
Department estimates that 50 percent of the children in the country are 
victims of some sort of abuse.
    Sexual abuse is perhaps the most serious human rights violation 
affecting children. The PN's Department of Sexual Abuse received 200 to 
300 reports per month of rapes of children between 4 and 11 years of 
age. Only 30 percent ever reached the courts, while the facts of other 
cases remained hidden behind doors within families. In 50 percent of 
the cases, the accused is a person close to the child: a father, 
grandfather, uncle, brother, cousin or close family friend. The 
criminal law provision on sexual abuse and intrafamily violence was 
modified to provide a penalty of 10 to 20 years incarceration and a 
fine of $6,600 to $13,200 (100 to 200 thousand pesos) for persons found 
guilty of sexual abuse of a minor, and up to 30 years if the victim is 
a family member of the abuser.
    Typical cases of child sexual abuse include that of a 14-year-old 
girl who was raped in the home where she worked as a domestic in San 
Cristobal; and the case of two daughters, ages 13 and 14, who were 
abused sexually by their truck driver father. The latter case was 
prosecuted vigorously and the father sentenced to prison. Sexual abuse 
is commonly accompanied by other kinds of abuse, as in the case of a 
preadolescent girl who, on the pretext of foster care, was required to 
cook, clean, and wash clothes for her aunt's entire family, in addition 
to being sexually available to all the males. She also was beaten if 
any part of her performance displeased the family.
    The Minor's Code contains provisions against child abuse, including 
physical and emotional mistreatment, sexual exploitation, and child 
labor. It also provides for removal of a mistreated or delinquent child 
to a protective environment. According to local monitors, instances of 
child abuse were underreported because of traditional beliefs that 
familyproblems should be dealt with inside the family. However, child 
abuse is receiving increasing public attention.
    Midyear reports from the Ministry of Health showed that 26 to 30 
percent of female adolescents were pregnant or already had children. 
Many of these pregnancies were reported to be the result of rape or 
incest and often are accompanied by sexually transmitted diseases.
    Some in the tourist industry have facilitated the sexual 
exploitation of children. Tours are marketed overseas with the 
understanding that boys and girls can be found as sex partners. 
Trafficking in girls for prostitution is a problem (see Section 6.f.). 
Journalists reported that the majority of prostitutes in brothels 
visited around the National District appeared to be between 16 and 18 
years of age. There are no shelters that provide refuge to children who 
break free from the prostitution trade. For underage girls, 
prostitution is one of the few jobs available in the informal economy.
    In August the Prosecutor for the National District rescued a 16-
year-old Villa Mella girl from a brothel where she had been held 
against her will for 5 months and offered as a sexual attraction to 
tourists. The authorities who rescued the girl found evidence of drug 
use, as well as a large number of bedbugs and rats, at the site. They 
arrested six persons in connection with the kidnaping.
    The judicial system commonly fails to protect the status of minors 
in criminal cases. The authorities sometimes treated minors as adults--
most often when physical forensic examinations indicated the minors 
were probably adults--and incarcerated them in prison rather than 
juvenile detention centers. In 1997 the Government began to implement 
the 1994 Minor's Code, laying the groundwork for the juvenile court 
system that the code mandated. The Supreme Court inaugurated the first 
of 11 juvenile courts in August and chose judges for the other 10 
courts. These juvenile courts are to be organized with a focus on 
rehabilitating offenders. There are legal advocates especially for 
juveniles in Santo Domingo and La Vega to provide them with 
representation in delinquency cases.
    It is not uncommon for minors to be put on the street to fend for 
themselves as younger siblings claim the parent's meager resources. 
Homeless children are frequently at the mercy of adults called 
``Palomas'', who collect these children into a gang and put them to 
work begging and selling fruit, flowers, and other goods on the street. 
In return for their work they are allowed to have some sort of a roof 
over their heads. The ages at which the children work, the hours they 
put in, and their failure to comply with compulsory school attendance 
for 6 years all violate the law, but the Government has not been able 
to combat this practice.
    Needy adolescent girls and boys are sometimes enticed into 
performing sexual acts by the promise of food or clothing; sometimes 
they are pushed into unsafe relationships with strangers by the need 
for money. Once involved, they may be held against their will by 
individuals who sell their sexual favors to others. Some of these 
minors are lured from their parental homes; others are already on the 
street, having been pushed out of the house by the demands of younger, 
even more dependent, children.
    People with Disabilities.--Disabled persons encounter 
discrimination in employment and in the provision of other services. 
Although the law contains provisions for physical access for the 
disabled to all new public and private buildings, the authorities have 
not enforced this law uniformly. There is a Subsecretariat for 
Rehabilitation under the Secretariat of Public Health, a recreation 
center for the disabled in Las Caobas, and a department in the Sports 
Secretariat to facilitate athletic competition for the disabled. 
However, there is little consciousness of the need to make the daily 
lives of the disabled safer and more convenient. For example, new 
street construction made few provisions for the disabled to cross the 
streets safely.
    A private entity founded in 1962, the Dominican Rehabilitation 
Association (ADR) has grown from a 1-room operation to a large complex 
with 17 affiliates throughout the country. It provides services for 
2,500 persons daily. The Government provides about 25 percent of the 
ADR's budget.
    National/Racial/Ethnic Minorities.--A strong prejudice against 
Haitians runs through society, disadvantaging many Haitians and 
Dominicans of Haitian ancestry, as well as other foreigners of African 
ancestry. The Government has not acknowledged the existence of this 
discrimination nor made any efforts to combat it. Darker-skinned 
Dominicans also face informal barriers to social and economic 
advancement.
    Efforts to stem the influx of Haitian immigrants have made it more 
difficult for those already in the country to live peaceably. Police 
regulations threaten those offering transportation to illegal 
immigrants with confiscation of their vehicles and have discouraged 
taxi and bus drivers from picking up dark-skinned persons. In the 
roundup of illegal immigrants, the authorities picked up and expelled 
darker Dominicans and legal Haitian residents, including some properly 
documented university students.
    Perhaps 500,000 Haitian immigrants--or 7 percent of the country's 
population--live in ``bateyes'' or cane worker camps, in harsh 
conditions with limited or no electricity, running water, or schooling. 
Human rights groups regularly charge the Government with unlawful 
deportations of, and police brutality toward, these legal and illegal 
immigrants.
    Credible sources also charge that the Government refuses to 
recognize and document as Dominican citizens many individuals of 
Haitian ancestry born in the country. Since many Haitian parents have 
never possessed documentation for their own birth, they are unable to 
demonstrate their own citizenship. As a result, they cannot declare 
their children's births at the civil registry and thereby establish 
Dominican citizenship for their offspring. Some civil registry offices 
do not accept late declarations of birth for children of Haitian 
immigrants, although they routinely accept late declarations for 
children of Dominican parents.
    Haitian parents encounter difficulties registering their children 
for school. Lack of documentation usually deprives children of Haitian 
descent of the opportunity to attend school where there is one 
available. Some parents fail to seek documentation due to fear of being 
deported. It falls to the discretion of public school principals 
whether children may attend, when immigrant parents have no identity 
cards or birth certificates to register children formally. Even when 
permitted to attend primary school, it is rare that the offspring of 
Haitian parents progress beyond sixth grade.
    Although the Government has largely eliminated the use of children 
for cutting sugar cane, poor Haitian and Dominican parents sometimes 
arrange for Dominican families to ``adopt'' and employ their children. 
The adopting parents can simply register a child of any age as their 
own. In exchange, the parents receive monetary payment or a supply of 
clothes and food. They believe that this ensures their children a more 
promising future. In many cases, adoptive parents do not treat the 
adoptees as full family members and expect them to work in the 
households or family businesses rather than attend school. The effect 
is a kind of bondage, at least until the young person reaches his 
majority. There were reports that Haitian girls between the ages of 10 
and 14 were the most sought after, especially in border areas.
    The Government is doing little to improve the conditions of Haitian 
immigrants and generally relies upon relief organizations. A number of 
NGO's and other agencies provide assistance in the shantytowns.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
freedom to organize labor unions and for the right of workers to strike 
(and for private sector employers to lock out workers), and workers in 
all sectors exercise this right. All workers, except the military and 
the police, are free to organize. Organized labor represents only an 
estimated 10 percent of the work force and is divided among four major 
confederations and a number of independent unions.
    Requirements for calling a strike include the support of an 
absolute majority of all company workers whether unionized or not, a 
prior attempt to resolve the conflict through mediation, written 
notification to the Labor Secretariat, and a 10-day waiting period 
following notification before proceeding with the strike. The 
Government respects association rights and placesno obstacles to union 
registration, affiliation, or the ability to engage in legal strikes.
    Nurses went on strike in July, and medical doctors working for 
health maintenance organizations and insurance companies struck in 
August. Professors of the Autonomous University of Santo Domingo struck 
in August, delaying the opening of classes for more than a week. Public 
school teachers struck at the beginning of the school year as well.
    The 1992 Labor Code provides extensive protection for worker rights 
and specifies the steps legally required to establish a union, 
federation, or confederation. The code calls for automatic recognition 
of a union if the Government has not acted on its application within a 
specific time. In practice, the Government has facilitated recognition 
of labor organizations readily. Unions are independent of the 
Government and generally independent of political parties. However, 
there were reports of widespread albeit discreet intimidation by 
employers in an effort to prevent union activity. For example, unions 
in the free trade zones in Bonao report that their members hesitate to 
discuss union activity at work, even during break time, due to fear of 
losing their jobs.
    Labor unions can and do affiliate freely regionally and 
internationally.
    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is lawful and may take place in firms in which a union has 
gained the support of an absolute majority of the workers. Only a 
minority of companies have collective bargaining pacts. The Labor Code 
stipulates that workers cannot be dismissed because of their trade 
union membership or activities.
    The Labor Code establishes a system of labor courts for dealing 
with disputes. After a recent overhaul by the Supreme Court, these 
courts have proven more effective at enforcing the law.
    The Labor Code applies in the 40 established FTZ's, which employ 
approximately 200,000 workers, mostly women. Workplace regulations and 
their enforcement in the FTZ's do not differ from those in the country 
at large, although working conditions are sometimes better. Some FTZ 
companies have a history of discharging workers who attempt to organize 
unions. There also have been reports of union organizers extorting 
money from business owners. Although there are approximately 70 unions 
in the FTZ's, many exist only on paper. The majority of the unions in 
the FTZ's are affiliated with the National Federation of Free Trade 
Zone Workers or the United Federation of Free Trade Zone Workers.
    Many of the major manufacturers in the FTZ's voluntarily have 
signed the codes of conduct promoted by the ``Labor, Yes, but with 
Dignity'' campaign carried out by a combination of NGO's and trade 
union organizations between 1996 and 1999. These voluntary codes 
provide for protection against forced labor, freedom of association, 
freedom from discrimination, and prohibit the use of child labor. They 
also call for a workplace that is safe and healthy.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including that performed by children; 
however, such practices are common. Poor Haitian and Dominican parents 
sometimes arrange for Dominican families to ``adopt'' their children, 
in exchange for money or goods. Such children often are not treated as 
full family members and are expected to work in households or 
businesses, in effect in a kind of bondage (see Section 5). In 
addition, trafficking in women and girls for purposes of prostitution 
is also a problem (see Section 6.f.). There were numerous credible 
reports of coerced overtime in factories and of workers being fired for 
refusing to work overtime. Union officials state that newly hired 
workers are not informed that overtime is optional.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code prohibits employment of children under 14 
years of age and places restrictions on the employment of children 
under the age of 16. These restrictions include a limit of no more than 
6 hours of daily work, no employment in dangerous occupations or in 
establishments serving alcohol, and limits on nighttime work. Children 
between the ages of 14 and 16 may work in apprenticeship and artistic 
programs. The law requires 6 years of formal education.
    Children who do not continue in school often seek illegal 
employment before reaching the minimum working age. The law prohibits 
forced or bonded labor by children; however, poor Haitian and Dominican 
parents sometimes arrange the adoption of their children by Dominican 
families in exchange for money or goods, and such children generally 
are expected to work in households or businesses (see Sections 5 and 
6.c.).
    The high level of unemployment and lack of a social safety net 
create pressures on families to allow or encourage children to earn 
supplemental income. Tens of thousands of children begin working before 
the age of 14. The Government does not sanction the parents of these 
children. Child labor takes place primarily in the informal economy, 
agriculture, small businesses, clandestine factories, and prostitution. 
Conditions in clandestine factories are generally poor, unsanitary, and 
often dangerous.
    e. Acceptable Conditions of Work.--The Constitution provides the 
Government with legal authority to set minimum wage levels, and the 
Labor Code assigns this task to a national salary committee. Congress 
also may enact minimum wage legislation. The minimum monthly salary is 
$125 (1,932 pesos) in the FTZ's and ranges from $101 (1,555 pesos) to 
$157 (2,412 pesos) outside the FTZ's depending upon the size of the 
company and the nature of the business. The minimum wage does not 
provide a decent standard of living for a worker and family. It covers 
only a fraction of the living costs of a family in Santo Domingo--about 
$400 (6,000 pesos) per month for a family of five--but many workers 
receive only the minimum wage.
    The Labor Code establishes a standard work period of 8 hours per 
day and 44 hours per week. The code also stipulates that all workers 
are entitled to 36 hours of uninterrupted rest each week. In practice, 
a typical workweek is Monday through Friday plus a half day on 
Saturday, but longer hours are commonplace. The code grants workers a 
35 percent differential for work totaling between 44 hours to 68 hours 
per week and double time for any hours above 68 hours per week.
    Conditions for agricultural workers are poor, especially in the 
sugar industry. Many sugar cane worker villages have high rates of 
disease and lack schools, medical facilities, running water, and sewage 
systems. On sugar plantations, cane cutters usually are paid by the 
weight of cane cut rather than the hours worked. Employers often do not 
provide trucks to transport the newly cut cane at the conclusion of the 
workday, causing workers to receive lower compensation because the cane 
has dried out and become lighter.
    When the cane finally is weighed, workers are given tickets 
indicating the weight of cane cut (often rounded in favor of the 
employer) and the amount of money due. These tickets, issued to a 
specific person but payable to the bearer, may be turned in to the 
employer and redeemed for cash every 2 weeks. Many cane cutters earn 
less than $4.00 (60 pesos) per day. Because workers earn so little and 
sometimes cannot wait until payday to redeem their tickets, an informal 
barter system has evolved in which the tickets also are used to 
purchase items at private stores located on the plantations. These 
private stores make change by giving back a combination of tickets and 
cash. However, it is not unusual for these stores to retain 10 percent 
of the cash due a customer. The conditions are somewhat better at some 
of the privately owned sugar plantations. At year's end, it was not yet 
possible to determine how many, if any, of these practices persisted 
following privatization of the CEA.
    The Dominican Social Security Institute (IDSS) sets workplace 
safety and health conditions. The existing social security system is 
seriously underfunded and applies to only about 9 percent of the 
population. Approximately 13,000 employees work in the IDSS bureaucracy 
to support fewer than 20,000 retirees.
    Both the IDSS and the labor Secretariat have small corps of 
inspectors charged with enforcing standards. Inspector positions 
customarily are filled through political patronage, and bribes from 
businesses are common. In practice, workers cannot remove themselves 
from hazardous working situations without jeopardy to continued 
employment.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons, and in August 1998 an alien smuggling law increased the 
penalties for those found guilty of various phases of the traffic in 
persons. Laws dealing with domestic violence, as well as the Minor's 
Code,create protection under both civil and criminal law against 
particular situations that may be conducive to--or acts that may be a 
part of--the traffic in persons, whether female or male, minors or 
adults. The law also prohibits acting as an intermediary in a 
transaction of prostitution, and the Government has used this law to 
prosecute third parties who derive profit from prostitution. However, 
trafficking of women and children is a serious problem.
    The Directorate of Migration estimates that there are approximately 
400 rings of alien-smugglers and purveyors of false document operating 
within the country. These individuals profit by facilitating the 
trafficking of women to Spain, the Netherlands, and Argentina under 
false pretenses, for purposes of prostitution. The Government also is 
concerned that some individuals coming to the country ostensibly to 
adopt children, may actually intend to use the children in the 
production of pornography or in the sex trade.
    In March the Government created the Interinstitutional Committee 
for the Protection of Migrant Women (CIPROM), which is composed of 
representatives from government entities and NGO's. CIPROM is intended 
to provide a framework for integrated action by both groups, and to 
prevent and reduce social and economic problems in those regions from 
which most of the trafficked women originate and in the various 
countries to which they are sent. CIPROM is establishing unified 
criteria for management of cases of migrant women or trafficking 
victims. One NGO counsels women planning to accept job offers in Europe 
and the eastern Caribbean about immigration, health, and other issues. 
The program also provides services to returning women.
    In May the PN dismantled an expatriate ring that specialized in the 
prostituting of minors in Israel and used false documents to arrange 
their transportation. The ring was broken after the father of one of 
the girls taken to Israel made a report that his daughter had been 
kidnaped along with 10 other girls.
    The Director General of Migration reported that the authorities 
have dismissed a number of immigration inspectors and supervisors for 
their links with the bands trafficking in women. In addition, since the 
passage in 1998 of an antismuggling law, the authorities have charged 
at least 80 individuals under the law. The courts convicted two of 
them, and the remainder of cases were still pending at year's end.
    The executive branch also established an Oversight Organization for 
the Protection of Children to coordinate the approaches of various 
agencies involved in combating trafficking in children, whether for 
adoption, for sexual exploitation, or for other purposes. This 
organization works with the Attorney General's office, the Public 
Health Ministry, Migration, and other agencies. In the National 
District, the Department of Family and Children in the Office of Public 
Prosecutor focuses on identifying children who are victims of abuse of 
any kind and prosecutes offenders under the heightened penalties 
contained in the domestic violence law.
    A primary concern of the Oversight Organization is to prevent the 
use of the child adoption process by those who intend to sell the 
children or to exploit them through prostitution or child pornography. 
The Department of Family and Children is very concerned with 
kidnapings, especially of infants, for sale to foreigners who, under 
the rubric of adoption, deliberately sidestep the legal formalities--
including those of their own country--in place to protect children from 
victimization. Many children do leave the country as adoptees, but 
government officials have made obtaining them much more difficult and, 
they hope, have prevented some would-be traffickers from using this 
route.
    Poor Haitian and Dominican parents sometimes arrange for more 
prosperous Dominican families to ``adopt'' their children, in exchange 
for money or goods. Such children often are not treated as full family 
members and are expected to work long hours in domestic service, 
agriculture, or industry under threat of corporal punishment and 
without compensation. Especially in the case of girls, these children 
often are abused sexually.
                                   ____
                                 

                                ECUADOR

    Ecuador is a constitutional republic with a president and a 123-
member unicameral legislature that was chosen in free elections in May 
1998. In July 1998, voters elected President Jamil Mahuad to a 5-year 
term, and he took office in August of that year. A National Constituent 
Assembly approved extensive constitutional reforms, which also took 
effect in August 1998. The reforms included the termination of the 
Congress' power to dismiss cabinet ministers and the reduction of 
fringe parties' influence in the Congress. Members of the Supreme Court 
preside over a judiciary that is constitutionally independent, but in 
practice is inefficient and susceptible to outside pressure.
    The military enjoys substantial autonomy, reinforced by guaranteed 
revenues from the nation's oil exports, as well as from civil aviation, 
shipping, and other commercial sectors. The National Police, 
responsible for domestic law enforcement and maintenance of internal 
order, falls under the civilian Ministry of Government and Police. 
There continued to be credible allegations of human rights abuses by 
the police and, in some isolated cases, members of the military.
    Ecuador suffered an extremely severe economic crisis as the economy 
contracted by 7.5 percent. The economy is based on private enterprise, 
although there continued to be heavy government involvement in key 
sectors such as petroleum, utilities, and aviation. The inflation rate 
for the year reached 78 percent, the currency depreciated by 260 
percent, and the country defaulted on its international debt; in 
addition, to prevent a possible collapse of the financial sector, the 
Government temporarily closed the country's banks and froze all banking 
deposits. The principal exports are oil, bananas, and shrimp, which are 
the country's leading sources of foreign exchange. Manufacturing for 
regional export markets is of growing importance. Most citizens are 
employed in the urban informal sector or as rural agricultural workers; 
rural poverty is extensive, and underemployment is high. The per capita 
gross domestic product of $1,101 provides most of the population with a 
low standard of living. According to a 1999 study, 62.5 percent of 
citizens live in poverty and 15 percent are indigent, with an almost 
total lack of resources.
    There continued to be serious problems in the Government's human 
rights record. There were isolated instances of extrajudicial killings. 
Police tortured and otherwise mistreated prisoners and detainees, and 
prison conditions remained poor. Persons are subject to arbitrary 
arrest and prolonged detention is a problem. Once incarcerated, persons 
may wait years before being convicted or acquitted unless they pay 
bribes. More than one-half the prisoners in jail have not been 
sentenced formally. The Government failed to prosecute and punish human 
rights abusers. The most fundamental human rights abuse stems from 
shortcomings in the politicized, inefficient, and corrupt legal and 
judicial system. The Government infringed somewhat on press freedom, 
and some self-censorship continues. On several occasions throughout the 
year, the Government declared or extended states of emergency that 
limit freedom of assembly and movement, and it ordered participants in 
nationwide strikes back to work. Violence and pervasive discrimination 
against women, indigenous people, and Afro-Ecuadorians also remain 
problems. Child labor is a problem. Mob violence and killings persist.
    In 1998 the Government decreed an ambitious National Human Rights 
Plan with the goal of ``preventing, eradicating, and sanctioning'' 
human rights violations in the country. The three branches of 
government, as well as the independent Ombudsman's office and a number 
of nongovernmental organizations (NGO's) contributed to this plan.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
confirmed reports of politically motivated killings; however, there 
continued to be credible reports that police committed extrajudicial 
killings. Through late September, the Ecumenical Committee for Human 
Rights (CEDHU) reported a total of 17 extrajudicial killings by the 
police, security forces, or semiofficial entities such as neighborhood 
brigades. (Neighborhood brigades are civic defense groups organized by 
the National Police to provide an anticrime presence in neighborhoods. 
They are not authorized to carry firearms.)
    On January 10, police in a Guayaquil suburb hit Sergio Michael 
Zambrano in the face and then shot and killed him as he and his brother 
tried to intervene in an incident involving a third brother. The police 
asserted that they had acted in self-defense.
    In March Irving O. Pazmino, Luis Echeverria, and Franklin Espinel 
were killed during a car chase and an exchange of gunfire with police 
in Guayaquil. Pazmino's family claims that police murdered Pazmino, but 
government officials' review of the incident cast doubt on these 
claims. At year's end, the matter was still under review.
    In March in Guayaquil, 14-year-old Mickey Mendoza was killed during 
what appears to have been a tussle with a police officer over a gun. 
The police said that the killing was accidental. The case was under 
investigation at year's end.
    On July 16, a drunken policeman identified as Carlos Alulema shot 
and killed cigarette vendor Victor Concha in Guayaquil. The authorities 
subsequently arrested Alulema, and he awaited trial at year's end.
    On November 13, national police officers Alcivar Palma and Jose 
Palma shot and killed Richard Morales Cabrera in the Cisne-Reten 
neighborhood of Guayaquil. The police also injured three other persons 
in the incident. The victims' families said that the police confused 
innocent victims with robbers and lodged complaints with the 
authorities. At year's end, the incident was still under investigation.
    In 1998 17 inmates died in prison due to traumatic injuries (see 
Section 1.c.).
    In May in the Las Malvinas suburb of Guayaquil, vigilantes killed 
at least seven suspected criminals. The vigilantes were believed to be 
under the direction of Jaime Toral, a rightwing political boss, who 
himself is suspected of being an organized crime leader.
    On February 17, unknown assailants killed Jaime Hurtado Gonzalez, 
an Afro-Ecuadorian member of Congress from the far-left Popular 
Democratic Movement (MPD) party, Pedro Tapia (Hurtado's alternate in 
the Congress), and Wellington Borja near the Supreme Court in Quito. 
The killings bore the hallmarks of a professional ``hit,'' and the 
authorities brought charges against three police officers and a former 
police informant in the killing. Several theories were advanced as to 
the possible motive, but the case remained under investigation at 
year's end.
    There has been no disposition of the November 1998 kidnaping case 
in Quito of Saul Filormo Canar Pauta, a leader of the Ecuadorian 
Confederation of United Working Class Organizations. In December 1998, 
a municipal worker found Canar's body in a trash dump. His hands and 
feet were tied and his body showed signs of torture. The authorities 
suspect that he may have been killed by private landowners in 
retaliation for his activities organizing land invasions by squatters.
    In July massive Indian protests erupted in Latacunga against 
government austerity measures. Security forces opened fire, killing 25-
year-old Segundo Aymacana and injuring scores of other persons (see 
Section 2.b.).
    There were also instances in which citizens took the law into their 
own hands, inciting mob violence that resulted in lynchings and 
burnings of suspected criminals (see Section 1.e.). Mobs killed 16 
crime suspects in the first 9 months of the year; individual lynchings 
continued to occur in all parts of the country, especially in 
indigenous communities in remote areas of the highlands. For example, 
in September in La Chimba, northern Pinchincha, a crowd of 300 women 
reportedly burned to death 15-year-old William Iguamba for stealing 
property from private residences.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    On December 18, all eight foreign hostages held since September 11 
in the northern province of Sucumbios along the border with Colombia 
were released unharmed. The media had variously speculated that the 
kidnapers were guerrillas, members of paramilitary groups, Colombians, 
or common criminals. At year's end, the authorities were still 
investigating the identities of the kidnapers.
    There was no progress in resolving the 1997 disappearance of Angel 
Heriberto Hinojoza.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the law prohibits torture and similar forms of 
intimidation and punishment, the police continued to abuse suspects and 
prisoners, usually with impunity. For example, in May in Guayaquil, the 
police arrested Billy Navarrete Benavidez, coordinator for the 
Permanent Committee on Human Rights, severely beat him, and later 
robbed him in his cell. The incident was under investigation at year's 
end. Also in May, in the Bastion Popular section of Guayaquil, the 
police detained three youths (Alfredo Cabullales, Ivan Rivera, and 
Wilmer Padilla) for no apparent reason. The police took the youths to 
the police station where they whipped their buttocks with pieces of 
wood and iron. The youths' parents protested the abuses.
    The CEDHU has published one detailed report on suspects who 
identified specific policemen as having tortured them. In most cases, 
the police appeared to have abused such persons during investigations 
of ordinary street crime. The victims reported that the police beat 
them, burned them with cigarettes, applied electric shocks, or 
threatened them psychologically. There were also at least 14 reports of 
incidents involving physical mistreatment.
    In May in Guayaquil, the police fired upon and wounded Joaquin 
Hernandez, an editorial writer for the newspaper Hoy, in an apparent 
case of mistaken identity. The incident was under investigation at 
year's end.
    In July the security forces injured scores of persons at massive 
Indian protests in Latacunga against government austerity measures. 
Police in Quito used tear gas in March and July to repel demonstrators 
protesting higher prices and government plans to cut spending.
    Conditions in detention centers generally continued to be poor. 
Prisons in the tropical coastal areas tend to be worse than those in 
the temperate highlands. Overcrowding is a chronic problem, although 
conditions are notably better in the women's prison in Quito than in 
other facilities. Prison overcrowding was reduced slightly by the 
release of several hundred drug addicts charged only with possession 
and of prisoners charged with minor offenses who had been held in 
preventive custody for more than a year. The Constitution that took 
effect in August 1998 requires that prisoners charged with lesser 
offenses (carrying a maximum sentence of 5 years) and who have been 
detained for more than 1 year without a sentence shall obtain their 
freedom immediately. There are no separate facilities for hard-core or 
dangerous criminals, nor are there effective rehabilitation programs. 
New prisons have not been constructed due to lack of financial 
resources.
    In September the National Directorate for Social Rehabilitation 
published a report that indicated that there was a total of 8,520 
inmates incarcerated in facilities originally designed to hold a 
population of 5,964. Women represented 9.5 percent of the total. In 
1998, 26 inmates died in prison. The report stated that traumatic 
injuries, reportedly inflicted by fellow inmates, were the cause of 
death in 65 percent of the cases. It attributed the other deaths to 
illness and drug use. The prison authorities routinely investigate 
deaths in custody.
    The Government permits prison visits by independent human rights 
monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution and the 
Penal Code provide that no one may be deprived of liberty without a 
written order from a governmental authority, but the authorities often 
violated these legal protections in practice. By law, the authorities 
must issue specific written arrest orders within 24 hours of 
detention--even in cases in which a suspect is caught committing a 
crime--and must charge the suspect with a specific criminal offense 
within 48 hours of arrest. All detained persons may challenge the 
legality of their detention within 48 hours of their arrest, but in 
practice few such petitions are brought. The senior elected official 
(usually the mayor) of the locality in which the suspect is held 
conducts this review. Regardless of the legality of a detention, a 
prisoner may be released only by court order. In some cases, detainees 
who are unaware of this, or who do not have the funds to hire a lawyer, 
may remain in prison for an extended period before being released. Bail 
is not generally available, and the law prohibits it in narcoticscases. 
Families of detainees sometimes intervene in an attempt to secure the 
prisoners' freedom through illegal means.
    Human rights organizations reported occasional cases of 
incommunicado detention, although the law prohibits this practice. Even 
when the police obtain a written arrest order, those charged with 
determining the validity of detention often allowed frivolous charges 
to be brought, either because they were overworked or because the 
accuser bribed them. In many instances, the system was used as a means 
of harassment in civil cases in which one party sought to have the 
other arrested on criminal charges. Preventive detention up to and 
including trial is legal if a judge determines that it is necessary and 
if evidence that a crime has been committed is presented.
    Following the 1997 ruling by the Inter-American Court of Human 
Rights that the Government had violated due process provisions in 
connection with the arrest, investigation, and pretrial detention of 
Ivan Suarez Rosero, the authorities released him. In the aftermath of 
the Suarez ruling, the Government moved quickly to settle several other 
cases that were under consideration by the Inter-American Commission on 
Human Rights and one--the Consuelo Benavides case--that had been 
accepted by the Inter-American Court. Led by the then-Attorney General 
(and current Ombudsman), the Government took the unprecedented step of 
admitting fault officially and of negotiating and paying settlements to 
the families of Benavides and the Restrepo brothers, for wrongful 
death, and to the Putumayo 11, a group of rural workers, for illegal 
arrest, detention, and torture.
    The authorities arrested hundreds of persons in Guayas province 
during a state of emergency that lasted from January 8 until early 
July. The measure was imposed to stem a soaring crime rate (315 persons 
had died in violent crimes in Guayaquil by early May). The police often 
arrested persons on mere suspicion or for lack of proper 
identification; they released most of them a few days later. The 
authorities reimposed the state of emergency in Guayas province in 
December.
    The Government does not use exile as a method of political control.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary. In practice, however, the judiciary is 
susceptible to outside pressure. Despite efforts begun in 1992 to 
depoliticize and modernize the court system, the judiciary continues to 
operate slowly and inconsistently. Judges reportedly rendered decisions 
more quickly or more slowly depending on political pressure or the 
payment of bribes. However, the norm is for lengthy delays before cases 
come to the courts.
    The judiciary is composed of the Supreme Court, superior circuit 
courts, and other courts and tribunals that hear cases in accordance 
with the Constitution and other laws, and the new Judicial Council. 
Military and police tribunals are at the same level as circuit courts, 
while criminal, provincial, and cantonal courts serve as lower courts, 
with first-instance jurisdiction.
    The regular court system tries most nonmilitary defendants, 
although some indigenous groups try members independently for 
violations of tribal rules. The law permits police or military courts 
to try police officers and military defendants in closed sessions, in 
accordance with the respective military and police court martial 
manuals. Only the Supreme Court may try cases involving flag-rank 
officers. The police court does not announce verdicts or punishments, 
reinforcing the strong impression that the police are immune from 
prosecution. The constitutional reforms by the National Constituent 
Assembly placed both police and military justice under the control of 
the Supreme Court. However, the three systems had not yet been 
integrated by year's end.
    The Supreme Court that took office in 1997 publicly recognized the 
shortcomings of the judicial system and pledged to improve the quality 
and training of judges. In May 1998, the Supreme Court supervised the 
selection by open competition of all appellate judges. A new Judicial 
Council, charged with administering the court system and disciplining 
judges, took office in the fall of 1998. In November the council's 
disciplinary committee fired two judges and two court employees for 
their role in the release of suspected drug traffickers in May. All 
four are to face criminal charges. The council also sanctioned a judge 
in Guayas province, Isabel Segarra, for improper conduct in a banking 
scandal.
    The inadequacies of the justice system led to a growing number of 
cases in which communities took the law into their own hands. There 
continued to be reports of lynchings and burnings of suspected 
criminals by outraged citizens (see Section 1.a.). These occurred 
particularly in indigenous communities and poor neighborhoods of the 
major cities where there is little police presence.
    The law provides for internationally accepted due process rights 
for criminal defendants, but the authorities often did not observe 
these rights in practice. By law, the accused is presumed innocent 
until proven guilty, and defendants have the right to a public trial, 
defense attorneys, and appeal. They may present evidence, refuse to 
testify against themselves, and confront and cross-examine witnesses. 
Although a public defender system exists, in practice there are 
relatively few attorneys available to defend the large number of 
indigent suspects.
    Trial is supposed to begin within 15 to 60 days of the initial 
arrest, but in practice, initiation of the trial phase can take years. 
Less than 40 percent of all prisoners have been convicted and 
sentenced. Accused narcotics traffickers cannot obtain bail or be 
released on recognizance. The number of narcotics cases is likely to 
decline, however, following passage of a law decriminalizing possession 
of small amounts of narcotics by addicts for their own use.
    In November Congress passed a new Criminal Procedures Code that was 
to take effect in 2000. On December 5, President Mahuad partially 
vetoed the law and proposed changes to the vetoed portions; Congress 
acquiesced in the changes. The new code is intended to change the 
criminal justice system from an inquisitorial to an accusatorial-style 
system. The Chief Prosecutor's office is to investigate and prosecute 
crimes, while the role of judges is to change to that of neutral 
arbiters presiding over oral trials. The new code is a step toward 
implementation of provisions in the 1998 Constitution intended to 
strengthen the justice system by improving due process and enhancing 
the rights of the accused, through measures such as habeas corpus and 
limits on preventive detention.
    A foreign assistance program begun in 1994 has enabled the courts 
to computerize the National Register of Prisoners. Use of this system 
made it possible for the courts to track prisoners' status more easily 
and more accurately. In 1998, the courts used this system to help 
identify and release hundreds of accused minor offenders who had spent 
more than a year in preventive detention.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law prohibits such practices, government 
authorities generally respect these prohibitions, and violations are 
subject to effective legal sanctions.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech, and the authorities generally respected this 
provision in practice, but with some notable exceptions. There are 
frequent charges of slander and libel brought by and against public 
figures, but few result in final decisions or judicial relief. Some 
self-censorship continues.
    All of the major media organs--television, newspapers, and radio--
are in local, private hands except for two government-owned radio 
stations. The law limits foreign investment in broadcast media. Using a 
law promulgated by the last military regime that requires the media to 
give the Government free space or air time, the Government can and does 
require television and radio to broadcast government-produced programs 
featuring the President and other top administration officials.
    There is a free and vigorous press. Ownership of the media is 
broadly based, and editorials represent a wide range of political views 
and often criticize the Government. However, some degree of self-
censorship in the print media occurs, particularly with respect to 
politically sensitive issues or stories about the military and its 
related industries. In addition, most elements of the media cannot be 
independent ofeconomic considerations and tend to reflect the narrow, 
regional interests of their owners.
    The Government does not interfere in issues involving academic 
freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of free assembly for peaceful purposes, and the 
Government generally respected this right in practice. Public rallies 
require prior government permits, which generally are granted, although 
exceptions occur. Numerous labor and student demonstrations took place 
without incident in the capital and the outlying regions. In general 
the security forces intervened in demonstrations only when there was 
violence against bystanders or property. In March and July, protests in 
various parts of the country were marred by violence; the police 
injured scores of protesters (see Section 1.c.), several policemen were 
injured, and property was damaged. In both March and July, President 
Mahuad decreed 60-day nationwide states of emergency, which limited 
freedom of assembly. He decreed a state of emergency for Guayas 
province (primarily to help combat an increase in crime) from January 
to July and again in December.
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice. The 
Government does not require religious groups to be licensed or 
registered unless they form NGO's that engage in commercial activity. 
Approximately 90 percent of the population considers itself to be Roman 
Catholic, although most citizens either do not practice the religion or 
follow a syncretistic version that combines indigenous beliefs with 
orthodox Catholic doctrine. The Government allows missionary activity 
and religious demonstrations by all religions. The Government does not 
permit religious instruction in public schools; however, private 
schools have complete liberty in this regard. In early 1998, police in 
Pinchincha suspended the meetings of a group known as ``Gnostico 
Cristiano Universal,'' following the suicide of 29 members of the 
``Heaven's Gate'' cult in California, while they investigated possible 
links between the 2 groups.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice. The Government 
requires all citizens to obtain exit visas when traveling abroad, which 
are granted routinely. Military and minor applicants must comply with 
special requirements.
    The law includes provisions for granting refugee and asylee status 
in accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Government cooperates with the U.N. 
High Commissioner for Refugees and other humanitarian organizations in 
assisting refugees. The issue of provision of first asylum did not 
arise. There were no reports of the forced return of persons to a 
country where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Since the return to civilian rule in 1979, citizens 
actively have exercised their right to change their national and local 
governments. In May 1998, voters elected members to a new Congress; in 
July of that year President Jamil Mahuad defeated Alvaro Noboa in the 
second round of the presidential election in a close contest. Noboa 
disputed Mahuad's election, but an OAS-led observer mission noted that 
the election had been conducted transparently and that the official 
results accorded with the observers' private sample of election day 
ballots.
    Voting is mandatory for literate citizens over 18 years of age and 
voluntary for illiterate citizens. The law does not permit active duty 
members of the military to vote. The Constitution bars members of the 
clergy and active duty military personnel from election to the 
Congress, the presidency, or the vice presidency.The National 
Constituent Assembly to reform the Constitution concluded its work in 
June 1998. The new Constitution took effect in August 1998, with 
changes intended to strengthen the presidency, improve management of 
the Congress, and ensure increased protection for the rights of women, 
children, indigenous groups, and minorities.
    Few women, Afro-Ecuadorians, or indigenous people occupy senior 
positions in government, although no specific laws prevent women or 
minorities from attaining leadership positions. Women are 
underrepresented in politics and government, holding 16 of 123 seats in 
the Congress, the largest proportion of seats held by women in the 
country's history. There were two female cabinet ministers. No Afro-
Ecuadorians serve as members of Congress or in senior-level government 
jobs.
    The indigenous movement, which previously shunned traditional 
politics, formed an electoral movement called Pachakutik (which means 
``cataclysmic change'' in Quichua) and ran candidates for national, 
provincial, and local office in the 1996 and 1998 elections. A 
Pachakutik Congresswoman, Nina Pacari, was elected Second Vice 
President of the Congress. The first indigenous member to hold a top 
leadership rank, Pacari heads an eight-member congressional bloc whose 
cooperation with the majority in the Congress on some issues has 
ensured it significant influence. Indigenous members of the National 
Constituent Assembly, and their supporters, won important 
constitutional protections for indigenous rights, which took effect 
with the new Constitution in August 1998.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups, both domestic and international, 
operate without restriction, investigating and publishing their 
findings on human rights cases. Domestic human rights groups, such as 
the CEDHU and the regional Latin American Human Rights Association 
(ALDHU), were outspoken in their criticism of the Government's record 
on specific cases. Nevertheless, the Government contracted with the 
ALDHU to provide human rights training to the military and the police.
    The Truth and Justice Commission, established in 1996 to 
investigate reports of past rights abuse, is no longer active. The 
office of Ombudsman was created to ensure ongoing attention to human 
rights issues. In September 1998, Congress elected a new Ombudsman who, 
as Attorney General under interim President Alarcon, had earned a 
reputation as a human rights advocate.
    In 1998 the Government decreed an ambitious National Human Rights 
Plan with the goal of ``preventing, eradicating, and sanctioning'' 
human rights violations in the country. The three branches of 
government, as well as the independent Ombudsmen's office and a number 
of NGO's contributed to development of this plan. At the end of the 
year, the United Nations contributed $1.2 million to support the plan.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on race, religion, 
sex, or social status. In addition, the constitutional reforms 
explicitly increased the rights of women, children, and minorities, and 
required the new Congress to pass legislation implementing these rights 
promptly. However, women, Afro-Ecuadorians, and indigenous people face 
significant discrimination.
    Women.--Although the law prohibits violence against women, 
including within marriage, it is a widespread practice. Many rapes go 
unreported because of the victims' reluctance to confront the 
perpetrators. Women may file complaints against a rapist or an abusive 
spouse or companion only if they produce a witness. In cases of 
statutory rape involving ``amorous'' sex with a minor, if the rapist 
marries the victim, the charges against him or anyone else who took 
part in the rape cannot be pursued unless the marriage is subsequently 
annulled. While some communities have established their own centers for 
counseling and legal support of abused women, the Government only began 
to address this question seriously with the formation of the 
``Comisaria de la Mujer,'' or Women's Bureau, in 1994. Although this 
office can accept complaints about abuse of women, it has no authority 
to act on them itself. However, the Women's Bureau doubled thenumber of 
its outreach offices and actively referred abuse cases to prosecutors.
    The 1995 Law Against Violence Affecting Women and Children, drafted 
by a coalition of women's organizations, criminalized spousal abuse for 
the first time, including physical, sexual, and psychological abuse. It 
also created family courts and reformed the Penal Code to give courts 
the power to remove an abusive spouse from the home.
    Discrimination against women is pervasive in society, particularly 
with respect to educational and economic opportunities for those in the 
lower economic strata. The increasingly active women's movement blames 
culture and tradition for inhibiting achievement of full equality for 
women. There are fewer women than men in the professions and skilled 
trades, and pay discrimination against women is common.
    The Ecuadorian Women's Permanent National Forum, founded in 1994, 
comprises more than 320 women's organizations and promotes social, 
economic, and cultural change through various methods, including 
increasing political participation by women. In addition, the National 
Women's Council provides support for approximately 500 women's 
organizations, many of which promote social consciousness and greater 
participation by women in the political process.
    Children.--The Government has not taken effective steps to promote 
the welfare of children. The Government rarely enforces the 
constitutional requirement of education through the age of 14.
    There is no societal pattern of abuse against children. Government 
resources to assist children have traditionally been limited, although 
the Government instituted a program to care for the children of the 
working poor called ``Operation Child Rescue.'' The IACHR concluded 
that this program reached only a small percentage of those affected. 
Approximately 45 percent of children under the age of 5 are 
malnourished. Government spending on education continued to decline, 
both in real terms and as a proportion of gross domestic product.
    Several private organizations are very active in programs to assist 
street children, and the U.N. Children's Fund (UNICEF) also runs a 
program in conjunction with the Central Bank. Especially in urban 
areas, the children of the poor often experience severe hardships. It 
is common to see children as young as 5 or 6 years of age selling 
newspapers or candy on the street to support themselves or to augment 
the family income. Also, there are instances of prostitution by girls 
under 18 years of age in urban areas. In rural areas, young children 
often must leave school at an early age to help out on the family's 
plot of land.
    People with Disabilities.--There is no official discrimination 
against disabled persons in employment, education, or the provision of 
other state services. However, there are no laws to ensure disabled 
persons access to public buildings or services, nor are they provided 
any other special government assistance.
    Indigenous People.--While at least 85 percent of all citizens claim 
some indigenous heritage, culturally indigenous people make up about 15 
to 20 percent of the total population. The vast majority live in rural 
areas, and most live in varying degrees of poverty. Land is scarce in 
the more heavily populated highland areas where high infant mortality, 
malnutrition, and epidemic disease are also common. In addition, 
electricity and potable water are often unavailable. Although the rural 
education system is seriously deficient, many indigenous groups 
participated actively with the Ministry of Education in the development 
of the bilingual education program used in rural public schools.
    The new Constitution recognizes the rights of indigenous 
communities to hold property communally, to administer traditional 
community justice in certain cases, and to be consulted before natural 
resources are exploited in community territories. Indigenous people 
continue to enjoy, in addition, the same civil and political rights as 
other citizens. In the Amazon area, indigenous groups have lobbied the 
Government, enlisted the help of foreign and domestic NGO's, and 
mounted protests (including kidnaping oil workers and tourists) in 
attempts to win a share of oil revenues and a voice inexploitation and 
development decisions. The new Constitution expressly recognizes the 
indigenous communities' rights to be consulted, but not to approve, oil 
exploration and development. Oil companies have increased their efforts 
to minimize the environmental and social impact of their oil projects 
in the Amazon but continue to face criticism from indigenous groups 
that environmental damage ensues.
    Despite their growing political influence (see Section 3) and the 
efforts of grassroots community groups, which were increasingly 
successful in pressuring the central Government to assist them, Indians 
continue to suffer discrimination at many levels of society. With few 
exceptions, indigenous people are at the lowest end of the 
socioeconomic scale.
    The Confederation of Ecuador's Indian Nationalities (CONAIE) became 
increasingly militant during the year and mounted major demonstrations 
in March and July to protest economic austerity measures. Security 
forces killed one Indian and injured scores of other persons during the 
massive protests in July (see Sections 1.a and 2.b.). CONAIE is 
discussing the issue of compensation with the Government, which has 
agreed to pay some compensation to those injured in the protests.
    Religious Minorities.--Although relations between religious 
communities generally have been amicable, there were a few incidents of 
interreligious or intrareligious tension or violence. In March 1998, in 
the pilgrimage town of Quinche, near Quito, Catholic residents burned 
an evangelical temple that was under construction. Catholic Church 
leaders criticized the act. Subsequently, in April 1999, a mob 
surrounded an evangelical indigenous church and briefly held 100 church 
members hostage.
    During 1998 there was a series of nonviolent confrontations between 
groups of Protestants and Catholics in the town of Peguche, in the 
province of Imbabura. Some citizens claimed that commercial rivalry was 
at the root of the problem.
    In April Southern Baptist workers reported increasing opposition 
from local residents to the development of a church and a medical 
clinic in the town of Chachas. The Baptist workers were accused of 
``starting a new religion.'' Based on official permission from 
community leaders to operate the clinic, local police promised to give 
protection to the Baptist workers.
    National/Racial/Ethnic Minorities.--The population of the rural, 
northern coastal area includes large numbers of Afro-Ecuadorian 
citizens. They suffer widespread poverty and pervasive discrimination, 
particularly with regard to educational and economic opportunity. There 
were no special government efforts to address these problems.
    There are five major Afro-Ecuadorian organizations active in the 
country; they estimate that Afro-Ecuadorians account for 700,000 
people, or about 6 percent of the total population. While the presence 
of Afro-Ecuadorians has grown in the fields of sports and culture, 
educational opportunities continue to be limited.
    The press has focused on lingering racism among all strata of 
society. Afro-Ecuadorian organizations note that despite the absence of 
official discrimination, societal discrimination continues to affect 
them. For example, they assert that the police stop Afro-Ecuadorians 
for document checks with greater frequency than other citizens.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and Labor Code 
provide most workers with the right to form trade unions. Members of 
the police and the military, and public sector employees in nonrevenue 
producing entities are not free to form trade unions. The 1991 Labor 
Code reforms raised the number of workers required for an establishment 
to be unionized from 15 to 30, which the International Labor 
Organization's Committee on Freedom of Association considered too 
stringent a limitation at the plant workers' council level.
    While employees of state-owned organizations enjoy rights similar 
to those in the private sector, the law technically prevents the 
majority of public sector employees from joining unions or exercising 
collective bargaining rights. Nevertheless, most public employees 
maintain membership in some labor organization, and there are frequent 
``illegal'' strikes.Despite official threats, the Government rarely 
takes action against striking public workers. The National Constituent 
Assembly defeated an attempt to overturn November 1997 legislation that 
outlawed public sector strikes that paralyze key services, including 
schools. Although the labor confederations are politically independent, 
the two largest single labor unions, the Teachers' Union and the Union 
of Social Security Workers, are allied with the Democratic Political 
Movement, a far-left socialist party.
    Approximately 12 percent of the work force is organized. There are 
four large labor centrals or confederations. None of the main labor 
centrals is firmly connected to any one political party, and there are 
no ties between the Government and any labor union.
    There are few restrictions on the right of workers to strike, 
although a 10-day cooling-off period is required before a strike is 
declared. The Labor Code revisions limit solidarity strikes or boycotts 
to 3 days, provided that the Labor Ministry approves them. In a legal 
strike, workers may take possession of the factory or workplace, thus 
ending production at the site, and receive police protection during the 
takeover. The employer must pay all salaries and benefits during a 
legal strike; the Labor Code protects strikers and their leaders from 
retaliation.
    There were three significant strikes during the year, mainly in 
response to government austerity measures. They involved public sector 
employees such as teachers, social security and medical workers, as 
well as transportation workers; indigenous groups also protested during 
the strikes. In at least one case (involving health workers), the 
Government ordered strikers to return to work. Police in Quito used 
tear gas in March and July to repel demonstrators who sought access to 
the city center.
    Unions may freely form and join federations or confederations, and 
three of the large labor centrals maintain international affiliations.
    b. The Right to Organize and Bargain Collectively.--The labor 
market is highly segmented, with a minority of workers in skilled, 
usually unionized, positions in state-run enterprises or in medium to 
large industries. Most of the economically active population is 
employed in the agricultural sector or the urban informal sector; the 
vast majority of these workers are not organized. The Labor Code 
requires that all private employers with 30 or more workers belonging 
to a union must negotiate collectively when the union so requests. 
Although approximately 12 percent of the work force is organized, 
collective bargaining agreements cover only one-quarter of these 
workers.
    The Labor Code streamlined the bargaining process in state 
enterprises by requiring workers to be represented by one labor union 
only. It prohibits discrimination against unions and requires that 
employers provide space for union activities upon the union's request. 
The law does not permit employers to dismiss a worker without the 
express permission of the Ministry of Labor, whose rulings are not 
subject to judicial review. If the Ministry of Labor rules that a 
dismissal is unjustified, it can require the employer to pay large 
indemnities or separation payments to the worker, although the reforms 
set a cap on such payments. The Labor Code provides for resolution of 
labor conflicts through an arbitration and conciliation board 
comprising one representative of the Ministry of Labor, two from the 
union, and two representatives of management.
    The Maquila (in bond processing for export) Law passed in 1990 
permits the hiring of temporary workers for the maquila industries 
only. While there is no express prohibition on association rights in 
the Maquila Law, in practice it is difficult to organize temporary 
employees on short-term contracts. Since temporary workers are not 
recognized by the Labor Code, they do not enjoy the same level of 
protection offered to other workers. The maquila system allows a 
company and its property to become an export processing zone wherever 
it is located. Many such ``zones'' have thus been established; most are 
dedicated to textiles and fish processing.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution and 
the Labor Code prohibit compulsory labor, and there were no reports of 
it in general, or of forced or bonded labor by children.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution establishes that children must attend 
school until 14 years of age. However, because of the lack of schools 
in many rural communities and the need for children to work, this 
provision is rarely enforced. The law prohibits persons younger than 14 
years old from working, except in special circumstances such as 
apprenticeships. It requires those between the ages of 14 and 18 years 
to have the permission of their parent or guardian to work. The law 
prohibits children between the ages of 15 and 18 years from working 
more than 7 hours per day or 35 hours per week, and it restricts 
children below the age of 15 years to a maximum of 6 hours per day and 
30 hours per week. In practice, the Ministry of Labor fails to enforce 
child labor laws. A 1997 UNICEF report estimated that of the 2.1 
million children between the ages of 10 and 17, 37 percent worked. In 
rural areas, many children attend school only sporadically after about 
10 years of age in order to contribute to household income as farm 
laborers. In the city, many children under 14 years of age work in 
family-owned ``businesses'' in the informal sector, shining shoes, 
collecting and recycling garbage, or as street peddlers. The law 
prohibits forced or bonded labor by children, and there were no reports 
of such practices (see Section 6.c.).
    e. Acceptable Conditions of Work.--The Ministry of Labor sets the 
minimum wage every 6 months in consultation with the Commission on 
Salaries, but Congress also may adjust it. The statutory minimum wage 
is not adequate to provide a decent standard of living for a worker and 
family. As of December, the minimum wage plus mandated bonuses provided 
a gross monthly compensation of approximately $55 (1,109,166 sucres). 
Most organized workers in state industries and formal sector private 
enterprises earned substantially more than the minimum wage and also 
received significant other benefits through collective bargaining 
agreements. The majority of workers, however, work in the large 
informal and rural sectors without recourse to the minimum wage or 
legally mandated benefits.
    The Ministry of Labor has the principal role in enforcing labor 
laws and carries out this responsibility through a corps of labor 
inspectors who are active in all 22 provinces. The Labor Code provides 
for a 40-hour workweek, a 15-day annual vacation, a minimum wage, and 
other employer-provided benefits, such as uniforms and training 
opportunities.
    The Labor Code also provides general protection for workers' health 
and safety on the job. A worker may not leave the workplace of his own 
volition, even if there is a hazardous situation. The worker is allowed 
to request that an inspector from the Ministry of Labor come to the 
workplace and confirm the hazard; that inspector may then close down 
the workplace.
    The Government enforces health and safety standards and regulations 
through the Social Security Institute. In the formal sector, 
occupational health and safety is not a major problem. However, there 
are no specific regulations governing health and safety standards in 
the agricultural sector and, in practice, there is no enforcement of 
safety rules in the small mines that make up the vast majority of the 
mining sector.
    f. Trafficking in Persons.--There is no law that specifically 
addresses trafficking in persons. The migration law provisions in the 
Penal Code impose sanctions on suppliers of false documents for 
purposes of travel or work, and provide for prison sentences for the 
crime of facilitating illegal immigration for the purpose of 
prostitution. Other laws dealing with kidnaping, labor, occupational 
safety, and slavery apply to and provide sanctions for trafficking in 
persons. There were no reports of persons being trafficked in, to, or 
from the country. However, police in Spain reported that they had 
arrested 50 Ecuadorian women working as prostitutes who were likely 
victims of trafficking.
                                 ______
                                 

                              EL SALVADOR

    El Salvador is a constitutional, multiparty democracy with an 
executive branch headed by a president and a unicameral legislature. In 
a free and fair process, Francisco Flores of the Nationalist Republican 
Alliance (ARENA) was elected President in March and began his 5-year 
term in June. In free and fair legislative elections in March 1997, the 
former guerrilla organization Farabundo Marti National Liberation Front 
(FMLN) won one-third of the seats in the Legislative Assembly, leaving 
the ARENA party with a one-vote plurality. Seven other parties, 
representing a broad political spectrum, hold seats, including the 
conservative National Conciliation Party and the centrist Christian 
Democratic Party. The judiciary is constitutionally independent but 
suffers from inefficiency and corruption.
    Under the terms of the Peace Accords that ended the 12-year civil 
war in 1992, the Government has reduced the armed forces; removed the 
internal security function from the armed forces and placed it under 
civilian control; and replaced the discredited National Police with a 
new Civilian National Police (PNC). The former guerrillas have been 
integrated fully into the political system. The armed forces are less 
than one-fourth the size they were in 1991, and instruction in human 
rights is a routine part of the training for all military personnel. 
Although its internal policing mission has been eliminated, the 
military continues to provide support, on an emergency basis, for some 
PNC patrols in rural areas, a measure begun in 1995 to contain violence 
by well-armed, organized criminal bands. The PNC's level of 
professionalism continued to improve, but the force remains 
understaffed, undertrained, underfunded, and short on practical 
experience. Civilian authorities maintained effective control of the 
military and security forces. Some members of the police committed 
human rights abuses.
    The country has a market-based, mixed economy largely based on 
agriculture and manufacturing. Some 40 percent of the work force are in 
the agricultural sector; coffee and sugar are the principal export 
crops and major sources of foreign exchange. The manufacturing sector 
employs 6.4 percent of the work force, is dominated by apparel 
manufacturing (mostly in export processing zones), and represents the 
main source of new jobs. The Government is committed to privatization 
and free market reforms. The economy is open, and private property is 
respected. The rate of real economic growth was about 2 percent, and 
per capita gross domestic product was estimated to be $2,024. The 
official unemployment rate averaged 7.5 to 8 percent during the year; 
however, the rate of underemployment (less than full-time work or total 
income below the minimum wage) was estimated at about 30 percent. About 
45 percent of the population live below the poverty level.
    There continued to be some problems in the Government's human 
rights record; however, the Government's performance continued to 
improve somewhat. There were several cases of reported extrajudicial 
killings by police. The police sometimes used excessive force, 
mistreated detainees, and arbitrarily arrested and detained persons; 
however, the PNC improved its procedures. The PNC, the Attorney 
General's office and the independent PNC Inspector General's office 
(IG) sought to identify and to punish police who committed criminal 
acts or violated established procedures, although with mixed results. 
There was a reduction in the number of human rights complaints against 
the police compared with the previous year. Prison conditions remained 
poor, but the Government continued to improve conditions and 
significantly reduced overcrowding. The judiciary remains inefficient; 
however, it made considerable progress in clearing up its backlog of 
cases, and the court system began to reduce lengthy pretrial detention 
and delays in trials. Implementation of new criminal and sentencing 
codes in 1998 continued to have a positive impact on the problems of 
violation of due process, prison overcrowding, overburdened court 
dockets, and trial delays. The Supreme Court made further progress in 
increasing the professionalism of the judiciary, but disciplining or 
dismissing corrupt or incompetent judges remained a slow process. 
Impunity for the rich and powerful remained a problem. The office of 
the Ombudsman for the Defense of Human Rights (PDDH), established by 
the Constitution and the Peace Accords, was an independent advocate for 
citizens' rights. However, its investigative capacity remained limited 
due to resource constraints. In addition, there were continuing 
complaints from nongovernmental organizations (NGO's) and some 
legislators about the performance of Ombudsman Eduardo Penate Polanco. 
Violence and discrimination against women are problems. Discrimination 
against the disabled and the indigenous remained problems. Abuse of 
children and forced child prostitution were also problems. The Freedom 
of Association Committee of the International Labor Organization (ILO) 
charged that the 1998 dismissal of two groups of employees of the 
privatized statetelephone company violated freedom of association and 
the right to organize. The Government began several internationally 
sponsored programs to combat the continuing problem of child labor.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings; however, there were several cases of 
reported extrajudicial killings by police.
    In July Wiliam Ernesto Rosales Bonilla, who worked for the major 
newspaper El Diario de Hoy in a nonjournalistic capacity, was shot five 
times in the head. Neighbors claimed that just prior to his death, men 
in civilian dress picked up Rosales at his home and took him away in 
what was described as a police vehicle. One of the men also took 
Rosales's personal vehicle. Two PNC agents being investigated in 
connection with Rosales's murder were part of a group of six PNC agents 
under investigation in August for burglary of a private residence. 
However, at year's end, there was no concrete evidence to link 
Rosales's murder to any police, and the case remained under 
investigation.
    In August three men dressed in what neighbors said appeared to be 
police uniforms took Fernando Hernandez and Manuel Aguilar away from 
their home in Hernandez's truck near the western city of San Juan de 
Opico. The three men rode in the bed of the truck and later appeared to 
have opened fire on Hernandez (who was driving) and Aguilar (in the 
passenger seat), killing both and wrecking the truck. Hernandez's 
family reported that he had been shot at the previous week and blamed a 
local transportation cooperative that had been trying to stop Hernandez 
from forming a competing transportation business. In December the 
authorities arrested three police officers and charged them with the 
murders. At year's end, one of the accused officers was under detention 
and the other two were suspended from the police force but free on 
bail, pending trial.
    In August police shot and killed two protesters near Sonsonate 
during a confrontation between police and several hundred members of 
the Association of Salvadoran Agricultural Producers (APROAS), the most 
vocal and militant of several organizations of former militia members. 
(These loosely organized militias assisted the armed forces in rural 
areas, but their members were not part of the armed forces and were not 
included in the settlement offered to most former combatants under the 
1992 Peace Accords.) The Sonsonate demonstration was one of a dozen 
held throughout the country to demand government compensation for some 
40,000 to 45,000 persons claiming to be former militia members for 
their services before and during the civil war. On the day of the 
killings, several of these organizations blocked major highways with 
burning tires. While most of the demonstrations were nonviolent, in 
Sonsonate police were unable to persuade demonstrators to disband 
peacefully. A clash ensued, and police shot and killed two former 
militia members. In addition, 7 other former militia members and 7 PNC 
agents were wounded; 47 demonstrators were jailed but subsequently were 
released. APROAS has been involved in several violent clashes with 
authorities over the years and had made thinly veiled threats of 
violence prior to the demonstrations. There was evidence that some 
members of APROAS were armed with machetes, slingshots, and other 
weapons during the demonstration and were belligerent prior to the 
killings. There also were charges that the PNC used excessive force. In 
September the local prosecutor ordered one police officer detained in 
the deaths of the two former militia members. The police officer, who 
had been injured by machete in the incident, claimed self-defense. At 
year's end, the killings still were under investigation.
    In November Manuel de Jesus Parada died as a result of a beating 
after a police patrol flagged down a car to take him to a hospital. The 
five policemen in the patrol claimed that others beat Parada and that 
they simply were helping the victim of an assault. However, the 
Attorney General's office opened an investigation and charged that the 
five police agents picked up Parada for being drunk, that Parada 
resisted being taken into custody, and that they then severely beat 
Parada, causing his death. One of the accused police officers fled and 
was still at large at year's end; the remaining four officers were in 
custody awaiting trial.
    Also in November, police shot and killed Carlos Lopez Regalo on the 
outskirts of San Salvador. Prior to the shooting, a police patrol 
stopped to question Lopez, who was standing on the side of a highway 
attempting to sell wild game. Lopez fled, and in the ensuing foot 
chase, the police reportedly fired four shots, one of which hit and 
killed Lopez. Family members claimed that Lopez fled because the police 
had beaten him on a previous occasion for selling game by the road. At 
year's end, two police officers were in custody and faced a charge of 
aggravated homicide in the case.
    A number of inmates died in prison due to violence and illness. 
(See Section 1.c.).
    There was mixed progress in cases of extrajudicial killings from 
previous years.
    In 1998 the handcuffed body of Carlos Lobo was discovered in a 
river near San Salvador. The apparent cause of death was drowning. Two 
PNC agents had arrested Lobo on suspicion of carrying stolen goods. The 
PNC agents claimed that Lobo escaped from custody, still handcuffed, 
and ran toward the area where his body later was found. The PNC told 
Lobo's father that his son escaped. Both PNC agents involved were 
placed in custody for ``negligence'' in allowing Lobo to escape. In 
February the PNC internal Control Unit found both police officers not 
culpable for the escape or subsequent death of Lobo, but faulted the 
senior officer for failure to follow correct procedure to locate Lobo 
after he fled. The second police officer was a driver, and, according 
to police regulations, was not allowed to pursue Lobo. In March the PNC 
Disciplinary Tribunal suspended the senior agent for 362 days. The 
officer appealed, and his appeal was still under consideration at 
year's end.
    In 1998 PNC agent Mariano Rodriguez shot and killed Jose Antonio 
Villalta in Santa Tecla. Villalta's family charged that the PNC agent 
shot him in the back when Villalta attempted to intervene to stop a 
group of police who reportedly were beating two of his friends. At the 
end of 1998, the PNC's independent IG office submitted the case to the 
PNC Control Unit with the recommendation that Rodriguez be investigated 
for improper use of a firearm. While not citing specific officers, the 
IG also recommended that other PNC agents be investigated to determine 
any shared culpability. At year's end, the Control Unit was 
investigating the case.
    In 1996 a PNC agent shot and killed Francisco Manzanares during 
what the police said was surveillance of ongoing criminal activity 
during an investigation in an extortion case. Although not active in 
politics at the time of his death, Manzanares's past as an FMLN 
combatant and party member raised the issue of political killing. In 
January a court found four police officers guilty of killing Manzanares 
(three as accomplices). The court determined that Jose Antonio Guzman 
Ramirez had fired the gun that killed Manzanares, and sentenced him to 
15 years in prison; the other three defendants received 10-year 
sentences. All four were serving their sentences at year's end.
    There were no further developments in the cases of two FMLN 
activists murdered in Nejapa during the 1997 election campaign. No 
concrete evidence has been discovered indicating that the killings were 
politically motivated.
    There were no new developments in the 1995 beating death of medical 
student Adriano Vilanova. In 1998 a jury unanimously found five PNC 
agents guilty of Vilanova's murder. Another two PNC agents charged with 
participation in the killing remained at large at year's end. The 
victim's parents had expressed satisfaction with the guilty verdicts, 
but they continued to allege that the police were covering up 
involvement of higher level government officials and called on the 
police and the Attorney General's office to identify and prosecute the 
``intellectual authors'' of the crime. The case remained open at year's 
end.
    There were no new developments related to the 1994 murder of Ramon 
Garcia Prieto. In 1996 a court found Jose Argueta Rivas, a former 
member of the National Police, guilty of the murder, and sentenced him 
to 30 years in prison. In 1997 the Garcia Prieto family charged before 
the Inter-American Commission on Human Rights (IACHR) that the 
Government had failed to investigate the crime properly to determine 
who ordered the killings. In 1998 the authorities arrested Jose Ismael 
Ortiz Diaz, a member of a criminal gang, for participating in the 
murder. At year's end, the case remained open and Ortiz Diaz remained 
in custody, but no trial date had been set.
    In 1998 the authorities charged Ortiz Diaz, who was already under 
detention for participation in the Garcia Prieto murder, as an 
accomplice in the 1993 murder of FMLN leader Darol Francisco Velis 
Castellanos. Carlos Romero Alfaro, a former member of the National 
Police, also remained in custody. In 1998 the Supreme Court admonished 
a lower court for the delay in the case; at year's end, the case 
remained open but there still was no indication when it would go to 
trial.
    In December the IACHR published a report on the 1989 murders of six 
Jesuit priests, their housekeeper, and her daughter. The report 
concluded that the State was responsible for violating the right to 
life of the eight murdered persons and had failed to investigate those 
violations effectively. The report also criticized the 1993 general 
amnesty law, which resulted in the release from custody of two military 
officers found guilty of the murders in 1992, and called on the 
Government to reopen the case. The Government had not responded to the 
report as of year's end.
    b. Disappearance.--There were no confirmed politically motivated 
disappearances.
    Most cases of disappearances have been kidnaping for profit, a 
common occurrence affecting all levels of society throughout the 
country. During the year, the PDDH accepted three cases for 
investigation charging forced or involuntary disappearance.
    In March unknown persons abducted Margarita Posada, the director of 
the Center for the Defense of the Consumer (a domestic NGO), held her 
for nearly a day and then released her. Police linked her case to a 
criminal band captured in May while attempting to negotiate a ransom in 
another kidnaping. However, Posada said that her abductors released her 
without making any ransom demands and she asserted that her abduction 
was an effort to intimidate her for work the Center had done in 
opposition to powerful business interests. At year's end, the 
authorities had not charged anyone in the case.
    In April unknown assailants kidnaped Miguel Montenegro, president 
of the Human Rights Commission of El Salvador (CDHES), in San Salvador, 
drove him around the city for 2 hours and then released him unharmed. 
During the 2-hour ride, the captors threatened Montenegro and his 
family, making direct reference to his work in human rights. Montenegro 
reported this incident to the Government, the police, the PDDH, NGO's, 
and the diplomatic community. At year's end, the police continued their 
investigation into the abduction but had made little progress in 
identifying the perpetrators.
    There were no further developments in the 1995 kidnaping of Andres 
Suster, the 15-year-old son of the former president of the state 
telephone company. Rumors of political motivation had surrounded the 
kidnaping. In 1997 police arrested a number of persons in connection 
with the kidnaping. A principal suspect in the Suster and other 
kidnapings, who was associated with the disbanded Communist Party, fled 
the country in 1997. In 1998 a judge ordered five suspects released 
from detention due to lack of evidence, dropped charges against four 
additional suspects, and lifted arrest orders against six others. As of 
year's end, two suspects remained in custody, one suspect had died of 
natural causes, and one suspect remained at large.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices; however, some 
members of the PNC continued to use excessive force or otherwise 
mistreated detainees.
    During the year, the PDDH accepted 929 complaints (an average of 77 
per month) of violation of the right of personal integrity (a category 
covering torture; inhuman or degrading treatment; mistreatment; 
disproportionate use of force; and improper treatment of detainees). 
The PDDH reported that the vast majority of these complaints involved 
the PNC and were the direct result of minor to serious violations of 
arrest procedures. Since 1996 complaints have fallen. From June 1998 to 
May, the PDDH accepted a monthly average of 82 complaints in this 
category compared with 87 per month for the period from June 1997 to 
May 1998 and 108 per month for June 1996 to May 1997. From June 1998 to 
May, the PDDH investigated 28.4 percent of the total complaints it 
received, and, of those accepted for investigation, found human rights 
violations in an average of 4.2 percent (covering all categories of 
human rights).
    The PNC Inspector General's office, an entity separate from the 
PNC, answers directly to the Minister of Public Security and is charged 
with overseeing police activities and investigating allegations of 
human rights abuse. The IG investigated 181 cases of violation of the 
right of personal integrity during the year (a monthly average of 15), 
compared with an average of 15 per month in 1998 and 14 per month in 
1997.
    The PDDH continued to receive a large number of human rights 
complaints directed against the PNC (1,437 cases during the year, a 
monthly average of 120), indicating continuing problems. However, the 
PDDH's statistics showed a reduction in complaints over the course of 
the last few years; during that time, the police force more than 
doubled. The PNC grew from about 7,100 active members in June 1995 to 
18,800 in the summer of 1999. From June 1998 to May, the PDDH accepted 
a monthly average of 126 cases against the PNC, compared with an 
average of 190 cases per month from June 1997 to May 1998, and 208 
cases per month from June 1996 to May 1997.
    Through July the IG's investigations of complaints that it received 
(71 percent initiated by private citizens and 29 percent by individuals 
or offices within the PNC) found sufficient merit in an average of 9 
cases a month to remit them to the PNC internal affairs offices for 
further investigation. The large number of complaints involving the PNC 
reflected several factors: the PNC's authority to use force in carrying 
out arrests; its inexperience; the difficulty of its work in the face 
of critical levels of often violent crime; and a continuing need for 
training in human rights, the use of force, and correct arrest 
procedures.
    The PNC internal affairs offices--the Disciplinary Investigative 
Unit (UID) and the Control Unit--continued their efforts to identify 
and punish improper or illegal police actions. During the year, the UID 
investigated 992 charges against the police. Based on the complaints 
investigated, during the year the Disciplinary Tribunal of the PNC 
dismissed 363 PNC agents (a monthly average of about 30) and sanctioned 
an additional 1,124 agents (a monthly average of about 94). At year's 
end, a total of 131 police agents were held in jail on criminal charges 
or were serving prison sentences.
    Working together to improve PNC human rights awareness, the PDDH 
and the National Public Security Academy continued to expand and refine 
the human rights content of the standard curriculum for the academy's 
police officer basic training program.
    There were allegations from children's rights groups that street 
children suffer from police brutality; the PNC denied these charges 
(see Section 5).
    In August seven demonstrators and seven PNC agents were wounded in 
a violent clash between police and former militia members demanding 
government compensation for service rendered during the civil war (see 
Section 1.a.).
    There were no further developments in 1998 shooting of FMLN 
communications adviser Leonardo Mena Marroquin. However, no evidence 
has been discovered indicating a political motive for the crime.
    Prison conditions remained poor, but are improving measurably. The 
Government improved medical care and provided better food. As a result 
of the implementation in 1997 and 1998 of the new sentencing and penal 
codes, which limit preventive detention to more serious crimes, the 
prison population fell about 23 percent from December 1997 to December 
1999. During the year, the Government increased the prison system's 
capacity by about 10 percent, and it now has the capacity for holding 
6,480 prisoners in 18 penal facilities. While there was still some 
overcrowding in individual facilities, it was less severe than in past 
years, except in the women's facility. At year's end, there were 6,618 
men held in 17 prison facilities with a combined capacity of 6,360; 296 
women in the single women's prison with a capacity of 120; and 44 men 
in 3 secure hospital wards with a combined capacity of 75.
    Gang violence, especially in the country's three largest and oldest 
penitentiaries and its juvenile holding facilities, continued to plague 
the prison system, despite government efforts to separate different 
gangs. According to press reports, 1 inmate was killed and over 40 were 
injured when fighting broke out in July between rival gangs at a youth 
rehabilitation center in San Francisco Gotera. In September a pitched 
battle between two rival gangs at a juvenile detention center left 1 
detainee dead (killed by rival gang members) and15 detainees wounded. 
PNC officials investigated allegations that guards had used excessive 
force in the riot. Prison authorities reported that during the year, 
there were nine deaths in the prison system due to violence. The 
authorities also reported that a total of 27 prisoners died during the 
year: 18 died as a result of illness, of whom 7 died from AIDS or other 
HIV-related illnesses; 6 died from wounds; 1 died in a prison riot; 1 
died in an escape attempt; and 1 committed suicide. In September the 
Ministry of Interior assumed from the Ministry of Security and Justice 
responsibility for administering the prison system.
    The 1995 Juvenile Offenders Law requires that all juveniles be 
housed separately from adults both prior to trial and while serving a 
prison sentence. Most criminal cases involving juveniles are brought to 
trial or conciliation within 3 months.
    There are separate facilities for female detainees and prisoners.
    The Government permits prison visits by independent human rights 
monitors, NGO's, and the media.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest; however, at times the PNC arbitrarily 
arrested and detained persons.
    During the year, the PDDH accepted a total of 225 complaints (an 
average of 19 per month) for violations of personal liberty. The PDDH 
accepted a monthly average of 21 cases in this category from June 1998 
to May, 47 cases per month from June 1997 to May 1998, and 62 per month 
from June 1996 to May 1997. PDDH statistics continued to show moderate 
improvement in PNC respect for personal liberty. The courts generally 
enforced a ruling that interrogation without the presence of counsel 
amounts to coercion, and that any evidence obtained in such a manner is 
inadmissible. As a result, police authorities generally delayed 
questioning until a public defender arrived. Substantially increased 
salaries and improved supervision contributed to a growing pool of 
public defenders, greatly increased their ability to represent indigent 
detainees properly, and improved the protection of human rights.
    By law the police may hold a person for 72 hours before delivering 
the suspect to court, after which the judge may order detention for an 
additional 72 hours to determine if an investigation is warranted. 
Because of a lack of holding cells, such detainees often are sent to 
the regular prisons, where they may be placed together with violent 
criminals. The law allows 120 days to investigate serious crimes and 45 
days for lesser offenses, before a judge must bring the accused to 
trial or dismiss the case. However, many cases were not completed 
within the legally prescribed time frame.
    The 1997 Penitentiary Code permits release on bail for detainees 
who are unlikely to flee or whose release would not impede the 
investigation of the case. Because it may take several years for a case 
to come to trial, some prisoners have been incarcerated longer than the 
maximum legal sentence for their crimes. In such circumstances, a 
detainee may request a review by the Supreme Court of his or her 
continued detention. At the beginning of September, 4,867 inmates in 
the prison system were awaiting trial, a steady improvement over the 
situation as of September 1998, when 5,506 inmates were awaiting trial, 
and at the end of 1997, when 6,167 inmates were awaiting trial. Also, 
beginning in 1998, new court cases were handled under new criminal and 
sentencing codes, which are designed to reduce the court caseload by 
sending cases to the prosecutor's office first and only allowing cases 
with merit to enter the court system. During the year, the justice of 
the peace courts, where most court cases originate, accepted a daily 
average of 157 cases. Of these, a daily average of 16 cases were 
resolved through conciliation and an additional 86 cases were resolved 
through other abbreviated procedures.
    The new system also is designed to improve court efficiency by 
removing the time-consuming investigative responsibilities from the 
judge and placing them with the police and the prosecutor's office. The 
number of backlogged cases was reduced steadily. The Supreme Court 
reported that 28,539 backlogged cases were resolved during the year.
    The Constitution prohibits forced exile, and it is not practiced.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government respects this provision in 
practice. However, the judiciary suffers from inefficiency and 
corruption.
    The court structure has four levels: Justices of the peace, trial 
courts, appellate courts, and the Supreme Court. The Supreme Court 
selects justices of the peace, trial judges, and appellate judges from 
a list of nominees proposed by the National Judicial Council. The 
Council is an independent body provided for in the Constitution to 
nominate, train, and evaluate judges. All lower court judges serve 
until they voluntarily resign or are dismissed for cause. The 
Legislative Assembly elects, by a two-thirds majority, 5 of the 15 
Supreme Court justices and 5 of the 15 alternate justices every 3 years 
from a list provided by the National Judicial Council and the National 
Association of Lawyers. A justice serves for 9 years and may be 
reelected. Separate court systems for family matters and juvenile 
offenders were established in 1996; they stress conciliation as an 
alternative to adjudication. The Criminal Sentencing Court has 
responsibility for executing and monitoring the sentences imposed by 
the trial courts.
    Judges, not juries, decide most cases. A jury verdict cannot be 
appealed. However, the defendant may appeal the sentence to the Supreme 
Court for reduction. A jury verdict may be overturned by a mistrial 
determination resulting from serious problems with jury panel selection 
or errors in trial procedures.
    The Government continued to implement the wide-ranging reforms of 
the criminal justice system that went into effect in 1998, specifically 
the Criminal Procedures Code (enacted in 1996) and the Penal and 
Penitentiary (Sentencing) Codes (enacted in 1997 and designed to speed 
up the trial process and reduce the number of detainees). The 1995 
Juvenile Legal Code required minors under the age of 18 to be tried 
only in juvenile courts, included greater provisions for due process, 
raised the age of majority from 16 to 18 years, limited sentences for 
minors to a maximum of 7 years, and introduced alternatives to 
incarceration.
    In June and September, the Legislative Assembly approved a number 
of additional changes to the Criminal Procedures and Penal and 
Penitentiary (Sentencing) Codes. These changes included the 
establishment of more severe penalties for some crimes (including 
increasing the maximum possible prison sentence from 30 to 35 years); 
the elimination of parole for some crimes; and the addition of new 
crimes to the code. One of the June reforms strengthened the legal 
protection afforded to children and the disabled by prescribing a 6-to-
8-year prison sentence for individuals convicted of sexual aggression 
against adults incapacitated by a mental or physical condition or 
against minors.
    Under the Constitution, defendants have the right to a presumption 
of innocence, protection from self-incrimination, legal counsel, 
freedom from coercion, and compensation for damages due to judicial 
error. They also have the right to be present in court. While these 
rights are not always respected fully in practice, compliance with 
these provisions improved, in part due to increased judicial training 
programs and to evaluations and monitoring of judges conducted by the 
National Judicial Council and the Supreme Court. The Constitution and 
law require the Government to provide legal counsel to the indigent. 
While this requirement has not always been implemented in practice, the 
Government continued to make progress during the year toward ensuring 
provision of legal assistance to indigents. In 1998 the Public 
Defender's office began adding new attorneys and increased salaries for 
public defenders. At year's end, the Public Defender's office had 339 
attorneys compared with 279 in 1998 and 113 in 1997.
    The new sentencing code implemented in April 1998 stresses criminal 
rehabilitation and prevention of future crimes and stipulates the 
provision of humane conditions in prisons as well as the separation of 
violent offenders and pretrial detainees. It also established the 
Criminal Sentencing Court. Previously, the same judge that 
investigated, judged, and sentenced the accused was also responsible 
for the imposition, monitoring, and suspension of the sentence. The new 
code also provides for alternatives to imprisonment for nonviolent 
offenders, designed to reduce prison overcrowding.
    There are still problems of corruption and incompetence in the 
judicial system, but the Supreme Court stepped up its efforts to 
discipline judges. While the court system steadily improved, the 
process remains deliberative and slow. Pay and benefits forjudges, 
prosecutors, and public defenders increased, and are sufficient to 
attract well-qualified individuals. However, despite significant 
investment in physical infrastructure, working conditions remain barely 
adequate, contributing to inefficiency. Training programs improved, but 
focused on overcoming inadequate university education rather than 
judicial procedure and advanced professional development. While 
representing a marked improvement in procedures, the new criminal and 
sentencing codes entail a massive reeducation effort for the judicial 
sector.
    Impunity for those who are politically, economically, or 
institutionally well-connected continued, although there was some 
progress in addressing this historic problem. The continued systemic 
weaknesses in the criminal justice system contribute to this impunity. 
Such impunity might take the form of a reluctance on the part of 
authorities to pursue aggressively and to conclusion allegations 
involving acts of violence or other major crimes. There is a clear 
perception among the public that those who are well-connected, 
especially the rich and powerful, often have impunity with respect to 
the country's civil and criminal laws. Public suspicion that special 
groups receive special treatment under the law clearly diminishes 
confidence in the justice system, although during the year, the 
Government investigated prominent citizens involved in suspected 
criminal activity, including current and former government officials, 
political leaders (across the political spectrum), diplomats, and 
persons in the business community. However, there were no convictions, 
nor did the authorities make serious progress in prosecuting these 
individuals. The authorities also had little success in addressing 
general criminal impunity.
    The implementation of judicial reforms continued to create 
confusion and uncertainty among police, prosecutors, public defenders, 
and the courts. Inadequate police coverage (due to limited resources 
and lack of sufficient personnel) and intimidation (especially by 
gangs) of victims and witnesses made it difficult to identify, arrest, 
and prosecute criminals, diminishing public confidence in the justice 
system.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution requires the police to have the 
resident's consent, a warrant, or a reasonable belief that a crime is 
under way or is about to be committed, before entering a private 
dwelling, and government authorities generally respected these rights 
in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of the press, and the Government respects this right in 
practice. Print and broadcast journalists from all major media outlets 
regularly and freely criticize the Government and report opposition 
views. Opposition figures are interviewed routinely on television and 
radio, and in the written press. According to major media associations, 
the Government did not use direct or indirect means to control the 
media. However, some television stations complained that advertising 
agencies responsible for placement of government-funded public service 
announcements were biased in favor of media companies that generally 
supported government policy.
    There are 5 daily newspapers, with a combined circulation of more 
than 250,000 copies per day, and 12 television stations. Four 
independent VHF television stations reach most areas of the country, 
while the government-owned and operated VHF station has poor signal 
quality even in San Salvador. Seven independent UHF stations serve San 
Salvador, and several can be received as far as 30 miles from the 
capital. Two cable television systems cover much of the capital, and 
other cable companies operate in San Miguel, Santa Ana, and Sonsonate. 
All carry the major local stations and a wide range of international 
programming. There are as many as 20 small cable television stations 
across the country, serving limited local areas. While most of them 
appear to be authorized broadcasters, several are believed to be 
pirating signals. Approximately 150 licensed radio stations broadcast 
on the FM and AM bands.
    A provision in the new Criminal Code allows judges to close court 
proceedings if public exposure could prejudice the case.The media and 
the Inter-American Press Association (IAPA) asserted that the provision 
abridged press freedom. Several legislative deputies have argued that 
misuse of the provision could lead to impunity and corruption by 
limiting the ``watchdog'' role of the press.
    The August 1997 murder of Lorena Saravia, a news reader employed by 
a commercial radio station, remained under investigation at year's end. 
In 1997 the IAPA listed this case among examples of violence directed 
against the media; however, there still is no concrete evidence linking 
the murder directly to Saravia's profession and the motives for the 
murder remained unclear.
    There were no instances of censorship of books, other publications, 
films, or plays.
    The Constitution provides for academic freedom, and the Government 
respects this right in practice, although it was criticized for efforts 
in 1998 and 1997 to implement minimum academic and administrative 
standards for the operation of universities.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for peaceful assembly for any lawful purpose, and the 
Government respects this right in practice. There is no requirement for 
permits to hold public meetings, and public demonstrations are common 
and generally peaceful. However, in August police killed two 
demonstrators during a violent clash (see Section 1.a.).
    The Constitution provides for freedom of association, and the 
Government respects this right in practice. In 1997 the Government 
implemented a 1996 law that charges the Ministry of Interior with 
registering, regulating, and overseeing the finances of NGO's and non-
Catholic religious groups in the country. The law specifically exempts 
unions, cooperatives, and the Catholic Church, and the Interior 
Minister stated that it would not affect other churches, which already 
were being registered, under other laws, with the Ministry of Interior.
    Leaders within the NGO community expressed continuing concerns that 
the law would be used by the Ministry to control certain organizations. 
Several small, domestic human rights NGO's have reported that they have 
not been able to register. The law requires the Ministry to respond to 
applications within 15 days; if the Ministry fails to do so, the law 
dictates that the NGO receives automatic registration. At year's end, 
the Supreme Court was considering a constitutional challenge to the NGO 
registration law brought by a group of NGO's in 1998.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    The Constitution specifically recognizes the Roman Catholic Church, 
and grants it legal status. In addition, the Constitution provides that 
other churches may register for such status in accordance with the law. 
The Civil Code specifies that a church must apply for formal 
recognition through the General Office of Nonprofit Associations and 
Foundations within the Ministry of Interior. The 1996 law and the 1997 
implementing regulations on registration of NGO's and non-Catholic 
churches (see Section 2.b.) did not change the existing mechanism for 
church registration, and there were no allegations that churches 
encountered problems in obtaining registration.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice.
    The law does not include specific provisions for granting refugee 
or asylee status in accordance with the provisions of the 1951 U.N. 
Convention Relating to the Status of Refugees and its 1967 Protocol; 
however, the Government has procedures for handling such requests, in 
accordance with these principles.
    The Government cooperates with the office of the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees. The issue of the provision of first asylum did not 
arise in 1999 and has not arisen in recent years. There were no reports 
of the forced return of persons to a country where they feared 
persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. The President and Vice President are elected every 
5 years. The Constitution bars the President from election to 
consecutive terms. Voting is by secret ballot.
    Ten political parties, representing the full political spectrum, 
fielded seven candidates in the March presidential elections. The 
Government did not restrict opposition participation, and there were no 
violent incidents during the campaign. Observers found that the vote 
was without major flaws and proceeded peacefully with fair access to 
the polls for all. Francisco Flores, the candidate of the ARENA party, 
won a clear majority in the first round of voting.
    The March presidential election followed the free and fair 1997 
legislative and municipal elections. In 1997 the FMLN--the principal 
opposition party--and its allies won nearly one-third of the assembly 
seats and many of the largest municipalities (including San Salvador, 
in which an FMLN coalition candidate was elected mayor). The governing 
ARENA party lost its legislative working majority and important mayoral 
races. The next two largest opposition legislative parties won 
significant blocs of seats.
    There are no laws or overt practices that prevent women from voting 
or participating in the political and governmental systems; however, 
women are not accorded equal respect or stature in these areas and are 
underrepresented in government and politics. Women represented 49 
percent of the registered voters in the March election, and party 
campaigns and slates reflected strong attention to this vote. The FMLN 
chose Maria Marta Valladares (known during the civil war as Nidia Diaz) 
as its vice presidential candidate. President Flores named women to 
head three ministries (Foreign Affairs, Education, and Environment), 
the Social Security Institute, and a substantial number of vice- and 
sub-ministerial jobs. In 1997 voters elected 14 women to the 84-seat 
legislature, an increase from the previous Assembly's 9. However, women 
held fewer positions (2 of 11) on the Assembly's governing board than 
in the previous legislature.
    Minorities are not barred from voting or participating in 
government and politics; however, they are underrepresented.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government demonstrated a willingness to discuss human rights 
issues and problems with domestic, international, and nongovernmental 
organizations. Numerous domestic NGO's operated freely as did various 
international human rights groups, including migration and other 
humanitarian and technical assistance groups. Domestic and 
international NGO's were required to register with the Government under 
the terms of the 1996 NGO registration law, and some reported 
difficulties (see Section 2.b.). In March unknown persons kidnaped and 
held for a number of hours the president of the Center for the Defense 
of the Consumer (see Section 1.b.). In April unknown assailants briefly 
kidnaped the head of the CDHES (see Section 1.b.).
    The principal human rights investigative and monitoring body is the 
Ombudsman for the Defense of Human Rights, elected by the Assembly for 
a 3-year term. The Peace Accords specifically created the PDDH, which 
was established formally by a constitutional amendment that defined its 
role. Although the 1998 budget gave the PDDH a modest increase in 
funds, its investigative capacity remained limited due to resource 
constraints. The PDDH has been spread increasingly thin as the 
organization sought to expand its scope of attention, extend its 
presence throughout the country, and meet increased public demand.
    In 1998 in a drawn-out and politically charged process, the 
Legislative Assembly elected Judge Eduardo Antonio Penate Polanco as 
Ombudsman to replace Victoria de Aviles, whose term expired early that 
year. However, after the vote and during the 30-day confirmation stage, 
the FMLN, the Social Christian Unity Party, and many in the NGO 
community questioned Penate's selection, citing a lack of experience in 
the human rights field, reports of poor performance as a judge, and 
charges that defendants in his court were not afforded the right to a 
speedytrial. The Supreme Court found no substance to these allegations, 
and the Assembly found no grounds to annul the election. The Assembly 
confirmed Penate in July 1998. However, his appointment and subsequent 
performance as Ombudsman continued to generate controversy during the 
year, with continuing charges from NGO's, the FMLN, and some other 
parties that he was unqualified. In January a coalition of NGO's 
petitioned the Assembly to remove Penate on grounds of incompetence. 
Penate claimed that the campaign against him was motivated by political 
considerations. The Assembly postponed action until after the June 
inauguration of the new President. On December 1, the Assembly's 
Political Committee created a subcommittee to evaluate Penate's tenure 
as Ombudsman and determine whether to present charges against him for 
inadequate performance. The subcommittee still was considering the 
matter at year's end.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution states that all persons are equal before the law 
and prohibits discrimination based on nationality, race, sex, or 
religion. In practice, discrimination against women, the disabled, and 
indigenous people occurs in salaries, in hiring, and in access to 
credit and education.
    There were some instances of violence against homosexuals. On June 
29, an unknown assailant shot and wounded a man who was accompanying 
William Hernandez, director of the domestic homosexual rights 
organization Entre Amigos, as the two left the organization's office. 
At year's end, neither the motive nor the perpetrator were determined. 
In October Jose Armando Rivera, a transvestite prostitute known as 
``Doris,'' was murdered in San Salvador. In December Nestor Adonai 
Marenco (known as ``Gloria''), another transvestite prostitute and a 
witness in the Rivera murder investigation, was killed in the same 
area. At year's end, the motive for the Rivera murder remained unclear; 
the killing occurred in an area known for illegal drug dealing and 
police had detained Rivera twice earlier in the year, once for 
threatening another transvestite prostitute and once for assaulting a 
police officer. The investigation of the Marenco killing also was 
inconclusive at year's end, although it suggested that the murder might 
be linked to his testimony in the Rivera case. Beginning in November, 
Hernandez reported receiving telephonic death threats that he believed 
were in response to public statements that Entre Amigos made about the 
Rivera murder. Although they took place in the same general area, as of 
year's end, there was no evident connection established between the two 
1999 murders and a series of six murders of transvestite prostitutes in 
1998. There was little progress in the investigations carried on by the 
PNC and the Attorney General's office into the 1998 murders. Both the 
1998 and 1999 murders, and the threats against Hernandez, remained 
under investigation at year's end. In August Entre Amigos charged that 
PNC agents in Chalatenango department hit, insulted, and threatened a 
group of six homosexuals. The incident was under investigation at 
year's end.
    Women.--Violence against women, including domestic violence, is a 
widespread and serious problem. Once a taboo social subject, 
increasingly it is being recognized publicly and has become a topic for 
national debate. Government institutions such as the PDDH, the Attorney 
General's office, the Supreme Court, and the PNC coordinated efforts 
with NGO's and other organizations to combat violence against women 
through education, government efforts to increase enforcement of the 
law, and NGO support programs for victims. The National Secretariat for 
the Family maintains a hot line for victims to report domestic abuse. 
Statistics from the Salvadoran Institute for the Development of Women 
(ISDEMU) show a growing trend of reported domestic violence cases 
(principally against women) over the past few years. The upward trend 
of reports of violations may reflect broader public debate of family 
violence issues, rather than a worsening problem. ISDEMU received 6,451 
cases of domestic violence through November (a monthly average of 586), 
compared with 3,543 cases in 1998 (a monthly average of 295) and 3,845 
cases in 1997 (a monthly average of 320).
    Incidents of domestic violence and rape continued to be 
underreported for several reasons: Societal and cultural pressures 
against the victim; a fear of reprisal; poor handling of victims by the 
authorities; fear of publicity; and the belief that cases are unlikely 
to be resolved. The PDDH noted that hundreds of domestic abuse victims 
who underwent psychotherapy refused to report their cases formally. 
ISDEMU received 359 cases of ``sexual aggression'' through November (a 
monthly averageof 33) compared with 298 cases (a monthly average of 25) 
in 1998 and 479 cases (a monthly average of 40) in 1997. For the year, 
the Institute of Legal Medicine, using different criteria, reported 
1,082 cases of sexual crime against women of all ages, an average of 89 
cases per month. Under the new Criminal Procedures Code (implemented in 
1998), victim testimony is admissible evidence. The former law did not 
allow victims to testify, and since the rape victim is often the only 
witness, this resulted in little chance for conviction in rape cases. 
In 1996 the Assembly repealed an old law that exonerated a rapist if he 
offered to marry the victim and she accepted.
    Prostitution is common. There were credible reports that some women 
and girls were forced into prostitution (see Section 6.f.).
    The Constitution grants women and men the same legal rights, but 
women suffer discrimination. The 1994 Family Legal Code amended laws 
that discriminated against women, especially affecting the large number 
of women in common-law marriages. The law also established special 
courts to resolve family disputes. Several NGO's are engaged in 
promoting women's rights and have conducted several rights awareness 
campaigns.
    Women suffered from cultural and societal discrimination, resulting 
in significantly reduced economic opportunities. Priority generally is 
given to male children for schooling, to men for available jobs and 
promotions, and to sons for inheritances. Of the economically active 
female population, 65 percent worked in the informal economy. Women are 
not accorded equal respect or stature in traditional male-dominated 
areas such as agriculture and business. While there is no definitive 
evidence available, it is widely believed that women often are paid 
less than men for equal work. The one sector in which there is an 
exception to this practice is in the export processing zones and in-
bond assembly plants, the largest source of new jobs, where women made 
up 85 to 90 percent of the work force (see Section 6.b.). However, even 
in this sector, men hold the great majority of management jobs. 
Training for women generally was confined to low-wage occupational 
areas where women already hold most positions, such as teaching, 
nursing, home industries, and small businesses.
    Children.--The Government's focus on children's rights and welfare 
was concentrated more toward reducing poverty and promoting family 
stability through economic growth than in direct expenditure on 
children's programs. Considerable publicity and the personal campaign 
of the former First Lady focused attention on this problem. The law 
requires education through the ninth grade (up to the age of 14). 
Although there was progress in increasing the availability and quality 
of schooling throughout the country, rural areas still fell short of 
providing a ninth grade education to all potential students. A 1997 
study by the Business Foundation for Educational Development indicated 
that 17 percent of urban children and 34 percent of rural youth were 
not attending classes.
    The Government worked closely through state institutions and with 
the United Nations Children's Fund (UNICEF) to promote protection and 
general awareness of children's rights. However, children continued to 
fall victim to physical and sexual abuse, abandonment, exploitation, 
and neglect. The Salvadoran Institute for the Protection of Children 
(ISPM), an autonomous entity, is responsible for protecting and 
promoting children's rights. The ISPM estimated that it averaged 2,600 
to 2,700 children (its maximum capacity) in its shelters, some 
abandoned and others victims of mistreatment. For the year, it reported 
a monthly average of 126 cases of physical mistreatment (compared with 
109 per month in 1998), a monthly average of 55 cases of negligence 
(compared with 21 per month in 1998), and a monthly average of 59 cases 
of abandonment (compared with 10 per month in 1998). Approximately 55 
percent of all its cases involved girls. Using different criteria, 
ISDEMU reported a significant increase in child abuse. ISDEMU recorded 
9,751 cases of ``abuse of a minor'' through November (a monthly average 
of 886), compared with 6,312 cases (a monthly average of 526) for 1998, 
and 4,334 cases (a monthly average of 361) for 1997.
    A 1997 study by the NGO network Procipotes estimated that 1,000 
children (up to age 16) were living on their own in the streets, 42 
percent of whom were under the age of 5. Substance abuse (glue and 
paint sniffing) was an endemic problem among urban street children. In 
1998 the Assembly passed a law regulating the sale of glue and other 
substances used as street drugs, prohibiting their sale to minors. 
There are allegations fromchildren's rights advocates that street 
children suffer from police brutality. The PNC denies these charges and 
has incorporated PDDH human rights training into programs for police 
units that deal with juveniles. The PDDH also has called for the 
creation of drug treatment centers for minors.
    For the year, the Institute of Legal Medicine recorded 1,073 cases 
of sexual abuse of children under 15 years of age (a monthly average of 
90). A majority of the victims were female. The ISPM reported that it 
received a monthly average of 9 cases of sexual abuse during the year, 
compared with an average of 8 per month in 1998. According to the PDDH, 
over 85 percent of all abuse occurs in schools and at home, and only a 
small percentage of these cases were reported to the authorities.
    In June the Legislative Assembly approved the addition of a new 
provision to the Criminal Code that mandates a 6-to-8-year prison 
sentence for individuals convicted of sexual aggression against minors 
(see Section 1.e.).
    The PDDH estimated that 270,000 minors work, mostly as street 
vendors (see Section 6.d.). Besides losing their opportunity for an 
education, these children often fell victim to sexual abuse and were 
exploited and forced into prostitution (see Sections 6.c. and 6.f.). 
Since 1997 the PDDH, NGO's, and the media have conducted a publicity 
and investigative campaign to highlight the plight of children. A 1998 
study on child prostitution by the Commission on the Family, the Woman, 
and the Child of the U.N. High Commissioner for Human Rights concluded 
that child prostitution in the country was promoted by poverty, lack of 
a strong nuclear family, discrimination against women, and organized 
crime. A separate NGO study in 1998 on the same problem indicated that 
at least 44 percent of the estimated 1,300 prostitutes in 3 major red 
light districts of San Salvador were between the ages of 13 and 18. The 
NGO report pointed to poverty and familial problems as the two major 
factors pushing children and adolescents into prostitution.
    The Government, the International Program for the Elimination of 
Child Labor (IPEC), and local NGO's and business groups consulted 
throughout the year and joined forces in August and September to begin 
several projects to combat child labor in specific industries (see 
Section 6.d.).
    The level of infant malnutrition decreased, but continued to be a 
problem. A National Family Health Poll, conducted in 1998 and released 
in December 1999, found that 1.1 percent of children under 5 years of 
age suffered from grave malnutrition, with an additional 21 percent 
experiencing less severe malnutrition. The Ministry of Health listed 
malnutrition as one of the 10 principal causes of infant mortality in 
the country. The Government has a national plan for infants designed to 
increase access to potable water, iodized salt, and vitamins, and to 
encourage breast feeding, but all of these remain problem areas, 
especially among the rural poor.
    People with Disabilities.--Except for the war wounded, who have 
secured both government and international funding for rehabilitation 
and retraining programs, the Government has no program to combat 
discrimination against the disabled. There are no laws mandating 
provision of access to public or private buildings for the disabled. 
The Government has not enforced the 1984 law requiring employers with 
over 50 workers (private companies, state-owned enterprises, and 
government offices) to have ``persons with physical limitations'' 
represent a minimum of 2 percent of their work force. Access by the 
disabled to basic education was limited due to lack of facilities and 
appropriate transportation. There was no provision of state services 
for the physically disabled. Only a few of the Government's community-
based health promoters have been trained to treat the disabled, and 
they rarely provided such service, tending rather to focus on life-
threatening conditions and preventive care for mothers and children. 
The Ministry of Health estimated that some form of disability afflicts 
10 percent of the population. In 1997 the National Council of Disabled 
People estimated that there were 500,000 persons with disabilities, of 
whom 12,500 had disabilities directly attributable to the civil war. 
Other factors contributing to the large number of disabled persons were 
lack of prenatal care, misuse of pesticides in food production, 
malnutrition, auto accidents, and criminal violence.
    There were few organizations dedicated to protecting and promoting 
the rights of the disabled. Foreign funds for badly needed 
rehabilitation services channeled through the Telethon Foundation Pro-
Rehabilitation, a local private voluntary organization, helped address 
numerous rehabilitation issues andprovided alternatives for the 
education and rehabilitation of the disabled population. A 
semiautonomous institute, the Salvadoran Rehabilitation Institute for 
the Disabled (ISRI), also provided assistance to the disabled. The ISRI 
offered medical treatment, counseling, special education programs, and 
professional training courses. Founded in 1957, the ISRI has 10 centers 
throughout the country and received assistance from the Government and 
national and international private and nongovernmental organizations.
    In June the Legislative Assembly approved a new provision to the 
Criminal Code that mandates a 6-to-8-year prison sentence for 
individuals convicted of sexual aggression against persons 
incapacitated by a mental or physical condition (see Section 1.e.).
    Indigenous People.--The country is ethnically homogeneous, although 
a very small segment of the population still claims indigenous status. 
The Constitution makes no specific provisions for the rights of 
indigenous people.
    Early in the century, facing active repression, most indigenous 
people adopted local customs and successfully assimilated into the 
general population, from which they are generally indistinguishable. 
There are a few very small communities whose members still wear 
traditional dress and maintain traditional customs to a recognizable 
degree without repression or interference. These small indigenous 
groups exist in the poorest parts of the rural countryside where 
employment opportunities are few and domestic violence is a problem. 
Indigenous people reportedly earned less than other agricultural 
laborers, and indigenous women in particular had little access to 
educational and work opportunities. As with the poor rural sector in 
general, access to land was a growing problem confronting indigenous 
people. Few possessed titles to land, and bank loans and other forms of 
credit were extremely limited.
    There are some small, active indigenous associations. The largest 
and best known is the National Association of Indigenous Salvadorans 
(ANIS). In 1998 a long-running internal political fight and land 
dispute caused a major split in ANIS. One faction held a direct 
election that replaced long-time leader Adrian Esquino Lisco, who was 
accused of corruption and lying. Esquino refused to step down, claiming 
that his leadership position was perpetual. Police arrested him on 
civil charges of occupying ANIS property illegally after his removal as 
leader and criminal charges of fraud in his administration of ANIS. 
Esquino was exonerated of the criminal charge of fraud. In August the 
Supreme Court ruled against Esquino's 1998 petition to stop eviction 
procedures against him and his extended family, on charges of illegal 
possession of land and several houses. In the last 2 years of his 
leadership of ANIS, Esquino had charged that the Government was 
targeting the indigenous community, and especially its leaders, with 
legal harassment and threats. There has been little evidence to support 
these allegations, and the new ANIS leadership does not endorse them.
    Religious Minorities.--During February and March, eight break-ins 
and burglaries occurred at offices of the Lutheran Church, including 
four at the Church's Office of Human Rights. The PNC opened an 
investigation into the incidents. Initially there was concern that 
these incidents might have been attacks directed against the Lutheran 
Church or its work in human rights. However, they occurred in high-
crime areas, and the available evidence indicated that they were common 
crimes. The incidents remained under investigation at year's end.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution prohibits the 
Government from using nationality, race, sex, creed, or political 
philosophy as a means to prevent workers or employers from organizing 
themselves into unions or associations. In practice, the Government 
generally has respected this right. However, in March the International 
Labor Organization Committee on the Freedom of Association cited the 
Government for its failure to provide protection or remedy for a number 
of labor leaders fired in 1998 in the process of privatizing the state-
owned telephone company. The decision concluded that the Labor Code 
imposed a series of excessive formalities for the recognition of a 
trade union, and found that the application of the law was used to 
refuse legal status to a number of efforts to establish a trade union 
in the telephone company. The Committee also emphasized that 
changingownership of a business should not threaten unionized workers 
and questioned the propriety of the January 1998 dismissal of 72 labor 
leaders, but noted that 70 of this group had accepted legal 
compensation. The Committee called on the Government to complete the 
process for recognition of the telephone union, amend the Labor Code to 
remove the excessive formalities that the Committee concluded infringe 
on the right to form a union, seek to have the two union leaders who 
had not yet accepted severance pay reinstated, and ensure that future 
changes of company ownership do not threaten labor leaders or labor 
organizations. A legal action brought by the union to oblige the 
Ministry of Labor to grant the union's 1998 petition for recognition 
still was pending before the Supreme Court at year's end.
    Military personnel, police, and government workers may not form 
unions (but are allowed professional and employee organizations) and 
may not strike. The 1994 Labor Code streamlined the process required to 
form a union in the private sector, extending union rights to 
agricultural, independent, and small-business workers, and extending 
the right to strike to union federations. The Labor Code prohibits 
partisan political activity by unions. The unions routinely ignored 
this prohibition, but the Government took no punitive action against 
them.
    There is a small organized labor sector with approximately 150 
active unions, public employee associations, and peasant organizations, 
representing over 300,000 citizens, approximately 20 percent of the 
total work force. By law only private sector workers have the right to 
form unions and strike; some employees of autonomous public agencies 
may form unions if they do not deal with essential services. In fact, 
some of the most powerful labor groups are public employee 
associations. These public sector labor groups take on the same 
responsibilities as unions, including calling technically illegal 
strikes and collective bargaining. The Government has negotiated with 
public employee associations and generally treated strikes as 
legitimate, although the Labor Code provides for mandatory arbitration 
of public sector disputes. However, during the year, the Government 
refused to accede to strikers' demands in the cases of several public 
sector strikes, which continued at year's end.
    Two judicial employee associations went on strike on November 30 to 
protest a presidential veto of a bill authorizing pay raises for 
judicial workers. The Supreme Court ended the strike by raising the 
workers' pay using funds from within its existing budget. The public 
water works union went on a partial strike in December, unsuccessfully 
demanding pay increases and opposing water works privatization. The 
union for nonmedical employees of the Social Security Institute (ISSS) 
staged a series of partial strikes and blockages of public and employee 
access to public medical facilities during the year to protest the 
ISSS's failure to pay raises negotiated by the previous administration 
in 1998, a presidential decree freezing public sector wages, and 
alleged government plans to privatize two hospitals and eventually the 
entire health system. The workers defied a court decision that found 
the strike illegal and ordered the strikers back to work. The ISSS 
fired over 200 strikers who refused to honor the court order to return 
to work, and withheld pay and legal bonuses of other strikers. The 
President vetoed legislation passed in November that would have granted 
pay increases for ISSS employees and restored pay to teachers whose pay 
was docked for striking illegally earlier in the year. The legislation 
was passed by a bloc of opposition parties outside the framework of the 
year's national budget. Following these developments, the ISSS's 
medical professionals' union announced its support for the strikers; 
both groups threatened to abandon the public hospitals unless the 
President created a high-level committee to negotiate with the 
strikers, and the ISSS rehired fired workers and paid wages and bonuses 
that had been withheld from other strikers. In December mediation 
efforts failed and the dispute went to binding arbitration, as called 
for by the Labor Code. The Government and the ISSS did not accede to 
any of the strikers' demands, and the two unions broadened the strike. 
The standoff continued at year's end.
    The law prohibits antiunion actions before a union is legally 
registered and provides specific job protection to workers whose names 
appear on a union application. The Labor Code forbids foreigners from 
holding positions in unions.
    Unions and other labor organizations freely affiliated with 
international labor organizations.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution and the Labor Code provide for collective bargaining 
rights, but only to employees in the private sector and to certain 
categories of workers in autonomous government agencies, such as 
utilities and the port authority. However, both private sector unions 
(by law) and public sector employee associations (in practice) used 
collective bargaining.
    The Ministry of Labor oversees implementation of collective 
bargaining agreements and acts as a conciliator in labor disputes in 
the private sector and in autonomous government institutions. In 
practice, ministers and the heads of autonomous government institutions 
often negotiate with labor organizations directly, relying on the 
Ministry of Labor only for such functions as officially certifying 
unions. The Ministry often seeks to conciliate labor disputes through 
informal channels rather than attempt to enforce regulations strictly, 
which has led to charges that the Ministry is biased against labor. 
Corruption continued to affect labor inspectors and courts, but 
improvements in training and an increase in pay in 1997 for Ministry of 
Labor employees have begun to address this problem.
    The Constitution prohibits discrimination against unions. It 
provides that union officials at the time of their election, throughout 
their term, and for 1 year following their term may not be fired, 
suspended for disciplinary reasons, removed, or demoted except for 
legal cause. Employers generally observed this provision in practice, 
but credible reports continued of employers using illegal pressure, 
including dismissal of labor activists, to discourage organizing. The 
law requires employers to rehire employees fired for any type of union 
activity, and the Ministry of Labor has increased efforts to enforce 
this requirement. However, in many cases, employees chose to take a 
cash payment in lieu of returning to work.
    There are six export processing zones (EPZ's) and several 
``maquila'' (in-bond assembly or processing) plants operating outside 
of these zones. The Labor Code applies in the EPZ's; there are no 
special EPZ labor regulations. During the last few years, most EPZ 
companies and a large portion of the maquila plants have accepted the 
provisions of voluntary codes of conduct from their parent corporations 
or foreign purchasers. In addition, two EPZ's have instituted their own 
codes of conducts for all their tenants. These codes include worker 
rights protection clauses. In 1997 the apparel industry association 
announced implementation of an industrywide code of conduct with worker 
rights protection. The great majority of companies in the EPZ's 
provided much better salaries and working conditions than those offered 
elsewhere in the private sector (see Section 6.e.). However, there were 
credible reports that some factories dismissed union organizers, and 
only one EPZ company was unionized, with two active plant unions.
    On August 7, a group of workers at Industrias Caribbean Apparel 
(ICA), a Korean-owned EPZ maquila company, formed a small sectional 
union of the textile sector union within the Federation of Associations 
and Independent Unions of El Salvador (FEASIES) and applied to the 
Ministry of Labor for formal recognition. On August 9, ICA fired two 
employees who were members of the sectional union's executive board; in 
early September, the company fired four more union board members. 
FEASIES and the first four employees fired filed a complaint against 
ICA with the Ministry of Labor for violation of worker rights and the 
Labor Code, which specifically grants job protection to leaders of 
unions in formation. In August local labor leader Jiovanni Fuentes 
charged that he had received anonymous telephone warnings and thinly 
veiled threats from ICA's lawyer as a result of his work to assist in 
the organization of the union. None of the fired ICA union board 
members reported receiving similar threats. The Ministry of Labor 
investigated the charges against ICA, and in October recognized the 
union and completed its registration; instructed ICA to pay back wages 
to the fired union board members; and advised ICA to meet with the 
fired workers to work out a mutually acceptable solution to their 
disagreements or face legal penalties. After a series of Ministry-
hosted mediation sessions, representatives of the union board, Fuentes, 
and representatives of ICA appeared in person at the Ministry to report 
that they had reached a mutually acceptable economic settlement.
    On November 24, the Salvadoran Workers' Central (CTS), an umbrella 
labor organization, charged that the Korean-owned factory DOALL in the 
San Marcos EPZ had fired illegally 22 of 38 workers who had formed a 
union and applied to the Government for recognition on November 20. A 
week later, the CTS asserted thatthe number of union employees 
dismissed rose to 35. DOALL claimed that several of the union's 
organizers had resigned voluntarily 2 hours before the union was 
constituted and that the union therefore was not legal. On November 24, 
the Ministry of Labor began investigating the case. In December, 
following pressure from its major foreign customer, DOALL claimed that 
it had offered to rehire the fired workers. However, the union claimed 
that these workers had not been asked to return to work. At year's end, 
the Ministry's investigation was still underway and the dispute was 
unresolved.
    In 1998 the PDDH released a detailed analysis of the maquila sector 
(covering both EPZ and non-EPZ in-bond plants) that indicated that 20.8 
percent of the sector's workers ``trusted'' unions while 55.3 percent 
``did not trust'' unions. Credible accusations persisted that some 
factories abused their workers, and that some women were not hired 
because they were pregnant. According to the PDDH report on maquilas, 
37.7 percent of the workers surveyed stated that they had been 
mistreated, 37.7 percent had been threatened, 3.2 percent had been hit 
in some fashion, 3.5 percent had been harassed sexually by bosses, and 
3 percent had been harassed sexually by other workers. Although the 
Ministry of Labor improved its efforts to increase inspection and 
follow up on such complaints, it still had insufficient resources to 
cover all the EPZ's, much less the much larger national private sector.
    Although under 1996 legislation, the Government authorized the 
Ministry of Economy to withdraw free zone privileges from companies 
that violated labor regulations, there have been no instances in which 
this has been threatened publicly. There is also a tripartite 
(government, business, and labor) commission, established in 1996, to 
help resolve conflicts in EPZ and other bonded companies.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, except in the case of calamity 
and other instances specified by law, and the Government generally 
enforces this provision; however, there were credible complaints of 
forced overtime in the maquila sector and of forced prostitution by 
children.
    While not dealing directly with the issue of forced overtime, the 
PDDH report on the maquila sector indicated that 7.8 percent of workers 
in its survey sample were not paid legally required extra pay for 
working beyond the normal 44-hour work week, a strong indication of 
forced overtime. The survey also found that 50.2 percent of maquila 
workers did not work any overtime and 28.7 percent averaged 5 hours or 
less overtime a week (roughly 10 percent of regular time). Although not 
specifically prohibited by law, forced and bonded labor by children are 
covered by the general prohibition, and there were no reports of their 
use in the formal sector; however, there was strong evidence that 
minors have been forced into prostitution (see Section 5.). There also 
were credible reports that women were forced into prostitution.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution prohibits the employment of children 
under the age of 14. Minors, age 14 or older, may receive special Labor 
Ministry permission to work, but only where such employment is 
absolutely indispensable to the sustenance of the minor and his or her 
family. This is most often the case with children of peasant families 
who traditionally work during planting and harvesting seasons. Those 
legal workers under the age of 18 have special additional rules 
governing conditions of work (see Section 6.e.). The law limits the 
workday to 6 hours for youths between 14 and 18 years of age and sets a 
maximum normal workweek for youths at 36 hours.
    Orphans and children from poor families frequently work for their 
own or family survival as street vendors and general laborers in small 
businesses, mostly in the informal sector (see Section 5.). Children in 
these circumstances often do not complete compulsory schooling through 
the ninth grade (up to the age of 14) as the law requires. A 1998 joint 
report of the ISPM and UNICEF, based on nationwide data collected in 
1996, indicated that of the 1.8 million children between 5 and 17 years 
of age, roughly 6.6 percent, or 118,800, worked without attending 
school, and 36,200 of these were under the age of 14. An additional 5.8 
percent, or 104,400, worked but also attended school. Of these, 55,300 
were under the age of 14. The primary reason for working for over 45 
percent of each group was familial economic survival. However, the 
average income forchild workers was less than half of the minimum wage 
and represented 18.7 percent of average family income. The second most 
important reason for working for 10 percent of the nonstudent child 
workers and nearly 34 percent of the child workers attending school was 
to learn a trade. Child labor is not found in the industrial sector and 
has disappeared in the EPZ's. The PDDH report on the maquila industry 
found no workers under the age of 17 and only 0.5 percent who were 17 
(a legal working age, with some restrictions).
    The Ministry of Labor is responsible for enforcing child labor laws 
and made an effort to do so; however, scarce resources and the 
difficulty of monitoring the large informal sector limited its 
effectiveness outside the urban formal sector. In 1997 the Government 
helped establish the National Committee for the Eradication of Child 
Labor (CNETI). The CNETI was designed to be a coordinating body of the 
Government, NGO's, and the private sector (labor and business) to 
combat child labor. However, there has been little CNETI activity. The 
Labor Code does not specifically prohibit forced and bonded labor of 
children, but they are covered by its general prohibition; however, 
there were reports that minors were forced into prostitution (see 
Sections 6.c. and 6.f.).
    The Government collaborated with the International Program to End 
Child Labor under the auspices of the ILO on two country projects and 
two Central American regional projects aimed at directly combating 
child labor. These projects are designed to discourage children from 
working, promote schooling and recreation, help develop new economic 
options for both children and their families, and eventually be self-
sustaining and permanent. In August the Government, IPEC, and the ISPM 
inaugurated a project in the southeastern shore area to remove children 
from the unhealthful harvesting of mangrove clams. In September the 
Government, the ISPM, local NGO's, the Coffee Growers Association, and 
IPEC joined forces and resources to begin a project in the coffee 
sector to help remove children from the fields and enroll them in 
school. A similar project was planned to help children in the sugar 
sector, with participation from the Sugar Foundation (representing the 
sugar industry). Also in September, the Government, IPEC, and an NGO 
began implementing a project that focused on removing children from the 
cottage production of fireworks.
    e. Acceptable Conditions of Work.--The minimum wage is set by a 
tripartite (government, labor, business) committee. Effective May 1, 
1998, the committee set the minimum daily wage at $4.81 (42.00 colones) 
for commercial, industrial, and service employees; $3.57 (31.20 
colones) plus food allowance for coffee plantation workers; $2.61 
(22.80 colones) plus food allowance for sugar and cotton plantation 
workers; and $2.47 (21.60 colones) plus food allowance for all other 
agroindustrial workers. By law a full-time minimum wage employee is 
paid a full 7 days (56 hours) for the 44-hour normal workweek and 
receives an average of 1 month's wage a year in required bonuses plus 2 
weeks of paid vacation. There were continuing allegations that the 
maquila sector underpaid workers. The PDDH 1998 report on maquilas 
found that 42.3 percent of the maquila workers surveyed received the 
minimum wage, 25.1 percent earned an amount moderately above the 
minimum wage, and 10 percent earned significantly more than the minimum 
wage. Of the 23.3 percent of the workers earning less than the minimum 
wage, many were apprentices or workers in training, and under the law 
were not ensured the minimum wage. The minimum wage with benefits does 
not provide a decent standard of living for a worker and family. The 
Ministry of Labor is responsible for enforcing minimum wage laws and 
does so effectively in the formal sector.
    The law limits the workday to 8 hours, and it mandates premium pay 
for longer hours. The Labor Code sets a maximum normal workweek of 44 
hours. It requires bonus pay for overtime and limits the workweek to no 
more than 6 days for all workers.
    The Constitution and the Labor Code require employers, including 
the Government, to take steps to ensure that employees are not placed 
at risk in their workplaces. These laws prohibit the employment of 
persons under 18 years of age, and of all women, in occupations 
considered hazardous. Nevertheless, health and safety regulations are 
outdated, and enforcement, while improved, is inadequate. The Ministry 
of Labor attempts to enforce the applicable regulations and has devoted 
resources to improving the professional training of its staff and 
inspectors. Increasingly, its investigations lead to fines or other 
findings favoring workers. The Ministry has restricted powers and only 
limited, but growing, resources to enforce compliance. The maquila 
sector continues to be subject to charges that itmaintains 
``sweatshop'' conditions in its factories. The PDDH study found that 70 
to 80 percent of the workers surveyed were satisfied with bathrooms, 
drinking water, and eating facilities but that only 53 percent were 
satisfied with the ventilation, i.e., there were problems with dust and 
heat. The serious problems with working conditions that existed were 
concentrated in smaller, non-EPZ plants. In general, the larger plants 
(which employ the majority of maquila workers) have adequate to 
excellent working conditions. Some of the largest companies have dust 
control, air conditioning, on-site medical facilities, and enforced 
safety regimes.
    Workers can remove themselves from dangerous work situations 
without jeopardizing their employment only in situations where they can 
present a medical certificate issued by a doctor or the Social Security 
Institute indicating that their health is at risk while using certain 
equipment or substances.
    f. Trafficking in Persons.--The law does not prohibit specifically 
trafficking in persons. However, it stipulates that any crime involving 
``commerce in women or children'' automatically carries a 30 percent 
increase in the prison sentence or fine that otherwise would be imposed 
for that crime. The Government enforces this provision.
    There were credible reports of some regional trafficking in women 
both to and from the country for purposes of forced prostitution. 
According to press reports, during the year agents of the international 
police organization Interpol operating in the country discovered a 
prostitution network trafficking young girls from several Central 
American countries to work in bars along the border with Guatemala. 
Interpol reportedly had rescued approximately 20 Salvadoran girls from 
such prostitution rings over the past 3 years. There also were 
unconfirmed charges that children were brought into the country from 
neighboring countries and forced to beg in the streets.
                                 ______
                                 

                                GRENADA

    Grenada is a parliamentary democracy, with a Governor General as 
titular Head of State. In January parliamentary elections, Prime 
Minister Dr. Keith Mitchell's New National Party (NNP) won all 15 seats 
and formed a new government. The elections were contested openly and 
fairly and were free of violence. The judiciary is independent.
    The 755-member Royal Grenada Police Force is responsible for 
maintaining law and order. It is controlled by and responsive to 
civilian authorities. There were occasional allegations of abuse by the 
police.
    Grenada has a free market economy based on agriculture and tourism. 
The estimated real economic growth rate was 5.8 percent in 1998, and 
the projected annual growth rate for 1999 was 6.1 percent. Per capita 
gross domestic product was approximately $3,000 in 1999.
    The Government generally respected the human rights of its 
citizens; however, there were problems in a few areas. Human rights 
problems include an allegation of police brutality during arrest, which 
has not been confirmed judicially. The Commissioner of Police has 
spoken out strongly against police use of unlawful force. Violence 
against women is common but appears to be on the decline. Child abuse 
is a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and there were 
no reported incidents of torture. Flogging, a legal form of punishment, 
is rare but has been used as punishment for sex crimes and theft cases.
    There were no reports by the press of police brutality during the 
year. The 1998 case of an allegation of police brutality, which 
involved excessive use of force in making an arrest, was not resolved 
because the officer fled and has never been apprehended. Allegations of 
police brutality are investigated internally by the police. There were 
no reports that disciplinary action was taken against a police officer 
during the year. The Police Commissioner can discipline officers in 
valid cases of brutality with penalties that may include dismissal from 
the force. The Police Commissioner has spoken out strongly against 
police use of unlawful force.
    Prison conditions meet minimum international standards, and the 
Government permits visits by human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The law provides the 
police with 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 the recommendation of the Governor General.
    In 1997 the authorities arrested a Belgian national and detained 
him for a period of 2 years. Because he had not been charged formally, 
the judge ruled that he should be released because he had been held so 
long without trial. Upon release, he was returned to Belgium to face 
charges there.
    Exile is not practiced.
    e. Denial of Fair Public 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. Those arrested on criminal 
charges are brought before a judge to determine whether there is 
sufficient evidence to substantiate the charges; if there is, the judge 
remands the defendant for trial.
    The law provides for the right to a fair public trial, and the 
authorities observe it in practice. There is a presumption of 
innocence, and the law protects persons against self-incrimination and 
requires the police to explain a person's rights upon arrest. The 
accused has the right to remain silent and to seek the advice of legal 
counsel. A defense 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.
    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 similarly will appoint a lawyer to represent 
the accused if the defendant was not previously represented or 
reappoint earlier counsel if the appellant no longer can afford that 
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 persons charged with murder and foreign-born drug suspects, the 
courts grant most defendants bail while awaiting trial.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for protection from these 
abuses, and there were no reports of such actions. The law generally 
requires judicially issued warrants for searching homes, except in 
cases of hot pursuit. The Firearms Act of 1968 and the Drug Abuse 
Prevention Act Number 7 of 1992 contain other exceptions that give the 
police and security units legal authority to search persons and 
property without warrants in certain circumstances. In practice police 
obtain warrants in the majority of cases before conducting any search.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government does not 
restrict these rights. There are three weekly newspapers and several 
other newspapers that publish irregularly. One of the weeklies is 
affiliated with an opposition political party, but the three most 
widely circulated newspapers are independent and often critical of the 
Government. The newspapers routinely carry press releases by the 
opposition parties, including regular weekly columns expressing the 
opposition parties' views.
    There are six radio stations. The main station is part of the 
Grenadian Broadcasting Network (GBN), a privately owned organization in 
which the Government holds a minority share. The principal television 
station is also part of the GBN. A privately owned television station 
began broadcasting in 1992. A cable company began operating in the 
capital area and since has expanded to most areas of the country. All 
newspapers, radio, and television stations enjoy independence from the 
State and regularly report opposition views. The television news often 
carried reports on opposition activities, including coverage of 
political rallies held by various political parties and candidates, 
public forums featuring political leaders of each of the major parties, 
and other public service broadcasts.
    The Government does not restrict academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right to assemble for any peaceful purpose, and the 
Government respects this right in practice. Supporters of political 
parties meet frequently and hold public rallies; the authorities 
require permits for the use of a public address system but not for 
public meetings themselves.
    The Constitution provides for the right to association, and the 
Government respects this right in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement within the country, and all citizens have the right to enter 
and leave the country, except in special circumstances as outlined in 
and limited by the 1986 Act to Restrict the Freedom of Movement of 
Certain Persons. This law allows the Minister for National Security to 
restrict travel out of the country 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.
    No formal government policy toward refugee or asylum requests 
exists. The issue of provision of first asylum did not arise. There 
were no reports of forced expulsion of anyone having a valid claim to 
refugee status; however, government practice remains undefined.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right inpractice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. General elections must be held every 5 years; on 
January 18, Prime Minister Dr. Keith C. Mitchell's NNP was returned to 
office, securing all 15 seats in Parliament.
    There are no restrictions in law or practice on participation by 
women in government and politics. Four of the 15 elected members of 
Parliament are women; there are no women among the 13 appointed 
Senators. Women account for 7 of the 13 permanent secretaries, the 
highest civil service position in each ministry; in addition, a woman 
is the Cabinet Secretary, the highest civil service position in the 
Government.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Local human rights groups operate without government restriction, 
and the Government cooperates with visits from international human 
rights organizations.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on race, place of 
origin, political opinions, color, creed, or sex, and the Government 
generally adheres to these provisions.
    Women.--Women's rights monitors believe that violence against women 
remains a serious problem; however, they reported a decrease in such 
incidents during 1998. The police state that most cases of abuse are 
not reported, and others are settled out of court. The 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. On September 1, a shelter for battered and abused women and 
their children opened in the northern part of the island, with medical 
and psychological counseling personnel on its staff. The home houses 20 
persons.
    There is no evidence of official discrimination in health care, 
employment, or education. Women frequently earn less than men 
performing the same work; such wage differences are less marked for the 
more highly paid jobs.
    Children.--The Social Welfare Division within the Ministry of Labor 
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 
six children's homes run by private organizations.
    Government social service agencies reported a further increase in 
the number of child abuse cases, including sexual abuse. Abused 
children are placed either in a government-run home or in private 
foster homes. The law provides for harsh penalties against those 
convicted of child abuse and disallows the victim's alleged ``consent'' 
as a defense in cases of incest. Women's organizations and other 
nongovernmental organizations increased their public awareness efforts 
to recognize and combat sexual abuse of women and children.
    People with Disabilities.--The law does not protect job seekers 
with disabilities from discrimination in employment, nor does it 
mandate provision of accessibility for public buildings or services. 
The National Council for the Disabled and the National Children's Home 
assist the Government in placing disabled students into community 
schools. The Council also seeks assistance from architects and builders 
in the construction of ramps at hotels and public buildings, and ramps 
have been installed at some hotels.
Section 6. Worker Rights
    a. The Right of Association.--All workers are free to organize 
independent labor unions. Labor Ministry officials estimate that 35 
percent of the work force is unionized. Union leaders play a 
significant role in the political process, and one labor leader serves 
in the Senate on behalf of the Grenada Trades Union Council (GTUC).
    Workers in the private and public sectors are free to strike, once 
legal and procedural requirements are met. There were several incidents 
of industrial action, including brief strikes by road workers, 
teachers, farmers, and private sector workers. However, all were short-
lived and settled with the intervention of the Labor Commission, the 
Minister of Labor, or the Industrial Court. All unions are technically 
free of government control, and none receive government financial 
support. However, all the major unions belong to one umbrella labor 
federation, the GTUC, which is subsidized by the Government. The GTUC 
holds annual conventions and determines some policies for member 
unions.
    The GTUC and its unions freely affiliate with regional and 
international trade union groups.
    b. The Right to Organize and Bargain Collectively.--Workers are 
free to organize and to participate in collective bargaining. 
Legislation requires employers to recognize a union that represents the 
majority of workers in a particular business. The law prohibits 
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 Labor Commissioner. If the Labor Commissioner is 
unable to find a resolution to the impasse, the Minister of Labor 
intervenes and, if unable to reach an agreement, 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. There were no cases of antiunion discrimination 
reported to the Ministry during the year.
    Unions may organize and bargain anywhere in the country, including, 
in theory, export processing zones (EPZ's), which are not exempted from 
labor legislation.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
specifically prohibits forced or bonded labor, including that of 
children, and there were no reports of it.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Child labor, including forced or bonded labor, is illegal 
(see Section 6.c.); however, children sometimes work in the 
agricultural sector. The statutory minimum age for employment of 
children is 18 years. Inspectors from the Ministry of Labor enforce 
this provision in the formal sector by periodic checks. Enforcement 
efforts in the informal sector are lax.
    e. Acceptable Conditions of Work.--There are no minimum wage laws 
in force. Most workers, including nonunionized workers, receive 
packages of benefits from employers set by collective bargaining 
agreements between employers and labor unions. In many cases, overall 
wages and benefits are insufficient to provide a decent standard of 
living for a worker and family. Many agricultural workers earn only 
about $5.37 to $5.55 (EC$14.50 to EC$15.00) per day.
    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 the 
authorities enforce them unevenly. Workers can remove themselves from 
dangerous workplace situations without jeopardy to continued 
employment.
    f. Trafficking in Persons.--There are no laws that specifically 
address trafficking in persons. There were no reports that persons were 
trafficked in, to, or from the country.
                                 ______
                                 

                               GUATEMALA

    Guatemala is a democratic republic with separation of powers and a 
centralized national administration. The 1985 Constitution provides for 
election by universal suffrage of a one-term president and a unicameral 
congress. In the December runoff elections, Guatemalan Republican Front 
(FRG) candidate Alfonso Portillo won 68 percent of the vote in a free 
and fair election. He replaced President Alvaro Arzu Irigoyen of the 
National Advancement Party (PAN) on January 14, 2000. In the November 
general elections, the FRG won a majority (63 seats) in the 113-member 
Congress. The Arzu administration took limited steps to implement the 
Peace Accords that it signed with the Guatemalan National Revolutionary 
Unity (URNG) guerrillas in 1996. The judiciary is independent, but 
suffers from inefficiency, intimidation, and corruption.
    The Minister of Government oversees the National Civilian Police 
(PNC), created in January 1997 under the terms of the Peace Accords. 
The PNC has sole responsibility for internal security; however, during 
the year some members of the predecessor National Police (PN) remained 
on duty, awaiting mandated training to become PNC officers. There are 
no active members of the military in the police command structure, but 
in 1998 and 1999, President Arzu ordered the army to support the police 
temporarily in response to a nationwide wave of violent crime. During 
the year, military forces were subordinated to civilian police in joint 
operations. The Constitution requires the Minister of Defense to be 
either a colonel or a general in the military. Some members of the 
security forces committed human rights abuses.
    The mostly agricultural-based, private sector-dominated economy 
grew by approximately 4.7 percent in 1998. Coffee, sugar, and bananas 
are the leading exports, but tourism, textiles, and apparel assembly 
are key nontraditional export industries. More than half the work force 
is engaged in some form of agriculture, and subsistence agriculture is 
common in rural areas. Officially, inflation was about 7.5 percent in 
1998, although most observers acknowledge that the official price index 
does not measure accurately actual price movements. In October 1998, 
Hurricane Mitch caused approximately 250 deaths and infrastructure, 
crop, and other losses totaling an estimated $550 million. However, 
with the help of foreign assistance, virtually all physical damage was 
repaired and the residual economic effects of Hurricane Mitch were 
minimal. There is a marked disparity in income distribution, and 
poverty is pervasive, particularly in the large indigenous community. 
Approximately 83 percent of citizens live in poverty; this figure rises 
to 90 percent among the indigenous population. Combined unemployment 
and underemployment was estimated at 64 percent. Per capita gross 
domestic product (GDP) was approximately $1,700 in 1998. Remittances 
from citizens living abroad constituted a significant contribution to 
the national economy.
    The Government generally respects the human rights of its citizens 
in many areas; however, despite some continued improvement in certain 
areas, serious problems remain in others. Some police officers were 
accused of extrajudicial killings and there was one credible report of 
forced disappearance attributed to the police. There were credible 
reports that police tortured, abused, and mistreated suspects and 
detainees. According to the United Nations Human Rights Verification 
Mission (MINUGUA), established in November 1994 to monitor compliance 
with the Government-URNG human rights accord, the number of human 
rights violations committed by police increased during the first 9 
months of the year. Allegations of abuse and misdeeds by police 
officers increased, likely in part because PNC deployment greatly 
expanded the number of police on duty throughout the country. In May a 
nongovernmental organization (NGO) publicized the existence of what 
appeared to be a genuine military intelligence dossier documenting the 
abduction, torture, and in many cases, killing of 183 persons at the 
hands of state forces between 1983 and 1985. In June construction 
workers claimed to have discovered a clandestine cemetery on the 
grounds of a former military facility, but no human remains were found 
during an excavation of the site in October. Prison conditions remained 
harsh. Arbitrary arrest and detention and lengthy pretrial detention 
continued to be problems. With judges and other law enforcement 
officials subject to intimidation and corruption, the inefficient 
judicial system frequently is unable to ensure fair trials and due 
process. In October Congress elected magistrates to fill all seats on 
the Supreme Court of Justice (CSJ) and Court of Appeals (CA). Efforts 
to reform the judiciary continued, but the climate of impunity 
persisted. The Government achieved convictions in a few important cases 
involving past human rights violations; however, courts more often 
annulled or overturned convictions and commuted sentences in a number 
of significant human rights cases. Intimidation of witnesses, victims, 
prosecutors, and judges continued to be a problem. Allegations 
persisted that the security forces infringed on citizens' privacy 
rights.
    On February 25, the Historical Clarification Commission (CEH) 
published its report on the internal conflict, in which it found 
government forces responsible for 93 percent of human rights abuses 
during the conflict. The Government failed to take an active role in 
carrying out the CEH's recommendations, and on May16, voters defeated a 
package of key constitutional reforms in a national referendum, which 
represented another setback to the peace process. The MINUGUA continued 
monitoring peace implementation and human rights issues. Violence and 
discrimination against women persisted, as did societal abuse of 
children and discrimination against the disabled and indigenous people. 
Workers' efforts to form unions and participate in union activities are 
hindered by an ineffective legal system. Child labor and trafficking in 
children also are problems. Lynchings and mob violence continued, often 
resulting in deaths, and the Government frequently was unable to 
prosecute the perpetrators. The investigation continued into the 1998 
murder of an internationally renowned Catholic bishop and human rights 
activist. In October leaders of the principal banana workers' union 
were held at gunpoint by a group of armed civilians and forced to 
resign from both their jobs and union positions.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
allegations of politically motivated killings by government agents; 
however, members of the police committed some extrajudicial killings. 
The Government demonstrated a willingness to arrest and prosecute those 
responsible; however, in many cases the scarcity of law enforcement 
resources and a weak prosecutorial and judicial system prevented the 
Government from adequately investigating killings and other crimes or 
arresting and successfully prosecuting perpetrators.
    The number of reported extrajudicial killings continued to decline 
significantly. The office of the Human Rights Ombudsman (PDH), which 
generally compiles data based on personal interviews with victims and 
their families, reported 16 complaints of extrajudicial killings during 
the year (3 were confirmed), compared with 32 in 1998, 134 in 1997, and 
173 in 1996. From January 1 to September 30, based on 27 complaints 
alleging 39 extrajudicial killings, MINUGUA investigated 18 cases and 
confirmed 13 by year's end. It reported 35 such complaints in 1998. The 
Archbishop's Office of Human Rights (ODHAG) reported one extrajudicial 
killing by police officers and the killing and apparent torture of four 
prisoners.
    On January 2, PNC officers detained three drunk individuals in 
Chiquimulilla, Santa Rosa, and beat them severely for allegedly having 
resisted arrest. Two were put in a cell while a third, Eliseo Rivera 
Padilla, was beaten further, until he lost consciousness. Rivera died 
en route to a hospital. An autopsy declared that the cause of death was 
``asphyxia by strangulation.'' According to MINUGUA, PNC officials in 
Chiquimulilla attempted to blame Rivera's two companions, but an 
internal investigation by the PNC's Office of Professional 
Responsibility (ORP) determined that the death had been caused by the 
beating administered by the PNC officers. On January 21, the 
authorities arrested 11 PNC officers and by May 11, the prosecutor had 
opened a case for extrajudicial killing and a subsequent coverup. 
Later, the charges were downgraded: Officer Armando Cante Tobar and 
inspectors Dario Gomez de Leon and Carlos Amilcar Grijalva were accused 
of unintentional homicide while several others were charged with 
covering up the crime. The authorities dropped charges against nine 
other officers. On April 8, the PNC suspended all officers against whom 
charges were filed, pending the outcome of the case, which remained 
before the courts at year's end.
    On February 14, PNC officers Luis Antonio Monzon Flores and Rony 
Perfecto Carpio Diaz arrested Jose Martin Reynoso for public 
drunkenness in Poptun, Peten. Less than 30 minutes later, police 
officers brought Reynoso's dead body to a hospital. An autopsy 
determined that the cause of death was a heart attack, but noted 
several injuries to the body that suggested Reynoso had been tortured. 
MINUGUA reported that several witnesses changed their story after 
allegedly receiving considerable sums of money from relatives of the 
PNC officers involved. MINUGUA also noted that both the investigation 
of the case and the medical examination of the body suffered from a 
serious lack of thoroughness and numerous procedural errors. On August 
19, at the request of the prosecutor, a judge dismissed the case 
against the PNC officers.
    On February 20, PNC officers chased and apprehended robbery suspect 
Noe Vincente Gomez in a butcher shop in Guatemala City. They also 
apprehended a shop customer, Santiago Rafael Ruiz, taking both 
individuals outside to a police vehicle, where witnesses reported 
hearing shots fired within the vehicle. The officers then drove the two 
to a nearby location, where other witnesses reported hearing additional 
shots fired inside the vehicle. By the time Ruiz and Gomez were taken 
to a hospital, Gomez was injured seriously and Ruiz was dead from 
gunshot wounds. Results of an investigation by the ORP were turned over 
to the judicial system for prosecution and two PNC officers,Gerson 
Andres de Rosa Rodriguez and Neftali Elixalon Lopez Salguero, were 
suspended from duty pending the outcome of the court case.
    On March 9, in Ocos, San Marcos, during a PNC roundup of 
undocumented aliens, officers heard several shots and then found a 
recently killed Salvadoran citizen, Manuel de Jesus Ortega. Officers 
conducted an on-the-spot weapons check, which revealed that the weapon 
of a recent PNC Academy graduate, Nahum Perez Morales, had been fired. 
Perez denied killing Ortega. According to MINUGUA, witnesses reported 
seeing several officers fire their weapons and that a significant 
amount of money was missing from the victim's bag. MINUGUA reported 
that the initial investigation was mishandled significantly--for 
example, the authorities did not collect shell casings, take witness 
statements, or protect the crime scene. Prosecutors declined to 
reconstruct the events leading up to the crime and failed to 
investigate conflicting witness testimonies. An ORP investigation 
failed to shed light on the incident. Later, PNC officials informed 
MINUGUA that they had decided to transfer four high-ranking officers in 
San Marcos and replace all officials in nearby Tecun Uman and 
Malacatan.
    On March 19, a group of civilians in remote Chiantla, 
Huehuetenango, detained Juan Jose Arguello for fighting and took him to 
the local National Police station. Arguello complained to a friend who 
visited him in jail that he had been beaten severely, first by 
businessmen and later by the police. His arrest was never documented 
formally. In exchange for Arguello's release, a PN inspector solicited 
a bribe from his mother. After paying for his release, Arguello's 
mother took him to a hospital, where he died on March 24 of internal 
injuries. Based on the mother's complaint and the autopsy report, 
prosecutors obtained arrest warrants for the three officers, of which 
two were captured and one, Inspector Merany Garcia Castellanos, 
escaped; he remained at large at year's end. An ORP investigation 
established the responsibility of the three officers and the 
prosecutor's investigation continued at year's end.
    On April 10, PNC motorcycle officers chased and trapped criminal 
suspect Abelisario Hernandez Barillas in front of a business in 
Guatemala City. According to witnesses, the officers then shot and 
killed Hernandez and left him in the street. Ballistic tests and 
investigations by the ORP and the Public Ministry implicated officers 
Nicolas Hernandez Enriquez and Gerardo Juarez Gabriel. Hernandez was 
suspended and made available to the courts for prosecution while Juarez 
remained on duty. By year's end, the prosecution had made little 
progress in bringing the case to trial.
    On August 18, in San Juan Chamelco, Alta Verapaz, PNC officers 
arrested Rodrigo Larios Poou, and Manuel Xol for drunkenness and then 
allegedly beat them severely before taking them to a prison in Coban, 
Alta Verapaz. Twenty-one hours after arriving at the prison, Larios was 
taken to a local hospital where he eventually died of internal 
injuries. The PNC claimed that Larios' and Xol's injuries were caused 
when they allegedly attacked each other prior to their arrest. However, 
a medical examiner determined that their injuries could not have been 
caused in such a way and that they were instead victims of torture and 
abuse. The prison director received death threats for implicating 
police officers in Larios' death and cooperating with MINUGUA 
representatives investigating the incident. The authorities arrested 
two police officers shortly after the crime, and prosecutors were 
investigating and preparing a case at year's end.
    On June 9, in the high security prison in Esquintla, prisoners 
Fredy Ayala Ramirez, Genio Alberto Ramirez Mejia, Guillermo Castellanos 
Rios, and Sergio Aroldo Monzon Sotoj were found hanged in their prison 
cells by makeshift ropes made from mattress strips. The bodies showed 
signs of torture, including bruises from an apparent beating with a 
metal object, puncture wounds, and broken legs. The authorities began 
an investigation of prison guards as well as other prisoners, but there 
was no progress by year's end.
    On May 3, oil refinery businessman Edgar Ordonez Porta was kidnaped 
in El Paraiso, Puerto de San Jose. Three days later, his body was found 
in an abandoned well in a neighboring town. The victim's brother, Hugo 
Ordonez Porta, claimed that the military was involved in the murder and 
had interfered with the subsequent investigation by prosecutors. Hugo 
Ordonez is a partner in the small oil refinery and a member of the 
editorial staff of one of the major daily newspapers, El Periodico, 
which was sharply critical of the military during President Arzu's 
regime. Although the motive for the crime remained unclear, witness 
testimony linked government and military personnel and vehicles to the 
crime scene. Anomalies in the investigation, including the amputation 
of the victim's fingers after the body was found, changes in witness 
testimony, and several instances of involvement by military 
intelligence, seem to suggest at a minimum a coordinated coverup by 
prosecutors and the military. In May the authorities arrested a local 
municipal official,Lazaro Obispo Solorzano Lopez, and a disgruntled 
former employee of Ordonez, Henry Orlando Hernandez Montepeque; on 
September 24, Solorzano was charged with homicide. A trial was pending 
at year's end.
    Although most cases from past years remained unresolved, there were 
some convictions during the year for past extrajudicial killings by 
members of the security forces. However, in several high profile cases, 
courts overturned, annulled, or reversed prior convictions against 
alleged human rights abusers. Observers and human rights groups 
criticized these decisions as confirmation of the ongoing impunity that 
pervades the weak and corrupt legal system. At year's end, trials 
continued in several high profile cases.
    In the January 1997 killing of congressional Deputy Joel Salomon 
Mendoza Pineda and his nephew, a trial court found two individuals 
guilty and sentenced them for the crime. The court case against two 
former congressional deputies and the former mayor of Escuintla 
remained open, although a trial date had not been set at year's end.
    The Constitutional Court in the summer rejected an appeal by 
coplaintiff ODHAG to reverse the Supreme Court's April 1998 decision 
that commuted the prison term of Obdulio Villanueva Arevalo, the member 
of the Presidential Military Staff (EMP) who was convicted of killing 
milkman Pedro Sas Rompich in 1996. Villanueva was on duty as a 
presidential bodyguard when he shot and killed Sas Rompich for 
allegedly driving his truck toward President Arzu in a threatening 
manner. Sas Rompich's family rejected the Court's decision requiring 
that Villanueva pay restitution in the amount of about $161,000 (1 
million quetzals), arguing that the incident should be characterized as 
an extrajudicial killing by the Government, not a common crime by 
Villanueva as an individual. There was no apparent progress on the 
investigation of the EMP interception of laboratory test results 
relating to the victim's body in this case.
    On August 13, after nearly 4 years of pretrial detention and the 
longest oral trial in the country's history, a 3-judge panel in Coban 
found Second Lieutenant Camilo Antonio Lacan Chaclan and each of the 24 
members of his former patrol guilty of either negligent homicide or 
complicity in negligent homicide in the Xaman massacre. In October 
1995, an army patrol entered a refugee-returnee community at Xaman, 
Alta Verapaz, and became involved in a confrontation with an angry but 
unarmed populace. In the conflict that ensued, the patrol members fired 
over 250 rounds, killing 11 returned refugees, including women and 
children, and injuring 30. The court sentenced 11 defendants, including 
Lacan Chaclan, to 5 years in prison, commutable for about $0.65 (5 
quetzals) per day. It found the remaining 14 defendants guilty of 
negligent homicide and sentenced each of them to 4 years in prison, 
which are also commutable. Although some welcomed the verdict as a 
modest blow against impunity, human rights groups strongly criticized 
the sentences, which amount to little more than time served, as too 
lenient. In the months before and during the trial, observers noted 
apparent judicial bias, anomalies, and the harassment and intimidation 
of prosecutors, judges, and witnesses. The prosecutor appealed the 
court's decision because he believed that the sentences were too 
lenient. Claiming that the verdict was negotiated with the military, 
the former private plaintiff in the case, the Rigoberta Menchu 
Foundation, threatened to bring the case before the Inter-American 
Commission on Human Rights (IACHR), but had not done so by year's end. 
On December 6, an appellate court in Coban annulled the trial court's 
verdict, citing ``fundamental errors'', including ``failure to observe, 
correctly interpret, or correctly apply the law.'' The court found 15 
of the 25 members innocent, including Lacan Chaclan, and released them. 
The court resentenced the remaining 10 soldiers to 12-year sentences 
for homicide and causing other nonlethal injuries. Those sentenced 
could be eligible for release as early as April 2000, since the law 
provides for a 50 percent reduction in sentences for good behavior, and 
the defendants already have served 4 years in prison. Shortly after 
Lacan Chaclan was released from prison, the Army announced that he soon 
would receive a scheduled promotion. This statement resulted in 
widespread public criticism, and the Army later stated that it would 
conduct a full review of the situation before making its final 
decision.
    On July 17, one of the former police officers sentenced to death in 
1996 in the so-called Patrol No. 603 case, Anibal Archila, died in 
prison of a diabetic episode, reportedly due to lack of medical 
attention. The case stems from a 1995 murder and attempted murder in 
what appeared to be a ``social cleansing'' operation, defined as a 
killing in which persons deemed socially undesirable (e.g., gang 
members, local delinquents, or convicts released from prison) are found 
murdered in circumstances suggesting that the murder was planned and 
carried out by an organized group. Defense attorneys for the remaining 
two inmates filed a series of motions in an attempt to delay their 
executions. The Constitutional Court had denied all three men an appeal 
of their death sentences in July 1998.
    On February 3, a trial court sentenced former military commissioner 
Armando Tucubal to 30 years in prison for the 1994 murder of 
evangelical minister Pascual Serech in Chimaltenango. (Military 
commissioners were generally local civilian leaders who represented the 
army, serving as intermediaries with members of civilian defense 
patrols [PAC's]; the commissioners were formally decommissioned in 
1985.) Tucubal had been convicted in September 1997 for the killing and 
sentenced to 20 years in prison. Charges remained pending against 
former military commissioner Victor Roman, an alleged collaborator in 
the crime and also the accused perpetrator of the 1995 murder of 
evangelical pastor Manuel Saquic. Roman remained at large despite an 
order for his capture and the offer of a reward.
    On April 5, the Supreme Court denied an appeal by the private 
plaintiffs to reinstate homicide convictions against several former 
senior government officials and a former officer in the now-defunct 
National Police in the 1994 shooting death of University of San Carlos 
student demonstrator Mario Alioto Lopez Sanchez. The plaintiffs 
appealed the Supreme Court's ruling in the Constitutional Court. An 
officer of the PN remains in prison after having been convicted of 
unintentional homicide in the case.
    An appellate court ruling remained pending in the case of the April 
1994 murder of Constitutional Court president Epaminondas Gonzalez 
Dubon. Both the prosecution and defense appealed aspects of the May 
1998 murder conviction of Marlon Salazar and Roberto Antonio Trabanino, 
who were serving 27-year prison sentences for the crime at year's end. 
A third suspect, Mario Rene Salazar, remained at large at year's end.
    The August 1994 killing by police of four workers at La Exacta farm 
remained under investigation, and the criminal case remained suspended, 
but it could be reopened with additional evidence. The parties 
continued to seek a resolution through the IACHR's amicable settlement 
procedures. The parties also failed to negotiate a settlement in the 
pending labor court charges. The Center for Legal Assistance in Human 
Rights (CALDH) continued to represent the families of the deceased, the 
injured, and those who lost their jobs and homes during the illegal 
eviction in these discussions with the Government, represented by the 
President's Human Rights Commission (COPREDEH).
    On April 29, a criminal court confirmed the convictions and 25-year 
sentences imposed on 12 former PAC members for their role in the 1993 
killing of Juan Chanay Pablo. On April 30, a crowd of approximately 500 
persons, armed with sticks, machetes, homemade explosives, and smoke 
bombs, broke into a police station in Huehuetenango and freed the 12. 
Although arrest warrants were issued to recapture the escapees, they 
remained at large at year's end, despite credible media reports that 
they returned to their home region of Colotenango and were being 
protected by former PAC comrades. Prosecutors in Huehuetenango claimed 
to be waiting for information from the PNC's Criminal Investigations 
Service (SIC) regarding the whereabouts of the escapees. MINUGUA and 
other observers believe that military or former PAC members planned and 
executed the jailbreak, which was timed to take advantage of reduced 
police staffing during the transfer of authority from the PN to the new 
PNC. There was no progress in the investigation of Brigadier General 
Luis Felipe Miranda Trejo, the alleged intellectual author of the 
crime, who was elected to Congress in the November elections and 
therefore enjoys legislative immunity from prosecution.
    On April 28, an appeals court overturned the 1997 conviction and 
30-year prison sentence of former PAC member Juan Acabal Patzan for the 
1993 murder of newspaper publisher and former presidential candidate 
Jorge Carpio and three associates, citing the unexplained loss of key 
evidence, including the alleged murder weapon. The court also ordered 
the release of brothers Marcelino and Nazario Tuy Taniel, who were 
serving 5-year sentences for manufacturing and possessing explosives 
thought to be connected to the murders. The case remained open, 
including charges against former PAC member Francisco Ixcoy Lopez, who 
remained at large; a warrant for his arrest has been outstanding since 
1995. A court decision remained pending on the private plaintiffs' 
motion to reopen charges against a number of persons--including former 
senior government officials--believed to have participated in the crime 
as material or intellectual authors, or to have assisted in its 
coverup. There was also a case pending before the IACHR.
    In a hearing on the evidence in January, Judge Henry Monroy ordered 
a trial of the three high-ranking military officers accused of ordering 
the 1990 murder of anthropologist Myrna Mack, ruling that sufficient 
evidence existed that the three ordered or covered up the killing. 
However, based on the May rejection of the constitutional reforms, 
which would have ratified the abolition by Congress of military 
tribunals, the defendants filed yet another motion seeking to have the 
case removed to the military tribunals. (The military tribunals no 
longer are used to bring criminal charges; they still exist, but 
address only violations of military codes and rules.) On September 3, 
thecourt denied the defendants' motion, allowing a trial to be 
scheduled for spring 2000. A case also was pending before the IACHR at 
year's end. Enlisted man Noel de Jesus Beteta, who confessed to the 
killing, is serving a 30-year sentence.
    On December 3, the Inter-American Court of Human Rights ruled that 
there was sufficient evidence that police officers Samuel Rocael Valdes 
and Nestor Fonseca were responsible for the 1990 deaths of three 
minors--Julio Roberto Caal Sandoval, Jovito Josue Juarez Cifuentes, and 
Anstraun Villagran. The bodies of the three youths, who had been living 
on the street, were found mutilated on the outskirts of Guatemala City. 
The Court also ruled that the Government failed to protect the rights 
of the victims and to provide them with justice.
    The 1989 disappearances of 10 university students, 5 of whom later 
were found dead, and the 1996 murder of Miguel Us Mejia, a member of 
CERJ (an indigenous human rights organization), and his wife, Lucia Tiu 
Tum, remained unresolved.
    Proceedings to set the amount of compensation owed to the families 
of the victims in the ``white van'' case remained open, pending a 
petition for reparations from these families. In March 1998, the IACHR 
had found the Government liable in the case, in which members of the 
now-disbanded Treasury Police kidnaped and then either released or 
killed 11 persons in 1987-88.
    On May 20, the National Security Archive, an NGO, announced its 
possession of what appeared to be a genuine military intelligence 
dossier that documented the abduction, torture, or killing of 183 
persons by government forces during the 1983-85 period. Commonly 
referred to as the ``military diary,'' the document's release provoked 
a prolonged and intense public debate about its veracity and 
admissibility as evidence in potential criminal suits against the 
Government. Shortly after the document's public release, human rights 
groups began locating relatives of the victims and preparing to file 
dozens of criminal cases. The Government responded by appointing 35 
prosecutors to handle the cases, with an additional prosecutor 
designated to manage the cases and their investigation.
    On February 25, an appeals court in Alta Verapaz annulled the 
November 1998 convictions and death sentences of 3 former PAC members 
for their roles in the 1982 massacres in the villages of Rio Negro and 
Agua Fria, in which some 250 persons are believed to have been killed. 
In its decision, the appellate court cited errors, inconsistencies, and 
insufficient evidence to support the trial court's decision, remanding 
the case back to the lower court for a September 7 retrial. On 
September 14, the retrial was suspended temporarily when a crowd of 
several hundred persons armed with stones and clubs surrounded the jail 
in Salama, Baja Verapaz, threatened to kill the judge, and attempted to 
free the accused. On September 20, the trial resumed under heightened 
security, and on October 7, the trial court in Salama again convicted 
and sentenced to death the three defendants found guilty of murdering 
two of the Rio Negro victims. Because the Rio Negro case represented 
the first conviction of the perpetrators of a wartime massacre, human 
rights groups considered the trial court's decision an important legal 
precedent in the fight against impunity.
    For much of the year there was no significant progress in the case 
of the 1982 military massacre at Las Dos Erres, as prosecutors worked 
to secure relocation abroad for two potential key witnesses and their 
families in exchange for testimony against their former army comrades.
    On March 18, the court cited a technical deficiency and declared a 
mistrial in the case against Vicente Cifuentes, the former PAC member 
arrested in March 1997 for the 1985 killings of American journalists 
Nicholas Blake and Griffith Davis. The indictment had given the date of 
the killing incorrectly. The case was remanded to the trial court to 
correct this error, and was expected to come to trial in January 2000. 
Three other suspects in the case remained at large, despite at least 
one attempt to capture them. On January 22, the IACHR ordered the 
Government to pay Blake's survivors about $161,000 (1 million quetzals) 
in compensation for impeding the investigation of the death, to 
investigate those responsible for the murders, and to sanction them. 
The COPREDEH, which represents the Government in the case, stated that 
it accepted the IACHR's decision and fully intended to pay the damages 
award. However, due to budgetary constraints, the Government petitioned 
the IACHR to allow installment payments, rather than one lump sum. The 
IACHR denied that petition, and imposed a March 30, 2000 deadline for 
payment; after that date, the Government would be required to pay 
interest as well as the amount of the award. At year's end, the 
COPREDEH was seeking the budgetary restructuring that would be 
necessary to make the payment before the deadline.
    In the April retrial of former military commissioner Candido 
Noriega on 155 criminal charges for crimes committed mostly in the 
early 1980's, the court once again found Noriega innocent, citing 
insufficient evidence. Alleging a series ofirregularities and judicial 
bias in favor of the accused, the Conference of Religionists of 
Guatemala (CONFREGUA), a Catholic organization and a coplaintiff in the 
case, appealed the decision. On July 23, an appellate court annulled 
the lower court's decision and remanded the case for a third trial, 
ordering that a panel of judges from the neighboring department of 
Totonicapan consider the case, to ensure impartiality. On September 20, 
the new trial began, but because numerous witnesses refused to testify 
due to fear of reprisals, Noriega was retried for a reduced list of 
crimes, including 11 killings, 7 abductions, rape, breaking and 
entering, arson, and various threats. On November 12, the trial court 
found Noriega guilty of 6 murders and 2 cases of manslaughter, and 
sentenced him to a total of 220 years in prison. Due to lack of 
evidence, the court absolved Noriega of other charges, including rape, 
torture, kidnaping, and burning persons alive. The court also ordered 
the Public Ministry to investigate further Noriega's alleged 
accomplice, Juan Alesio Samoya, as well as the military officers who 
served at the so-called Base 20 in Quiche in 1982. In late November, 
Noriega's attorney appealed the court's decision, and the appeal was 
pending at year's end.
    In the past several years, approximately 70 clandestine cemeteries 
have been exhumed by forensic anthropologists. Most of the bodies 
recovered have been those of victims of military or paramilitary 
killings in the 1980's from areas such as Rabinal, Las Dos Erres, and 
Panzos. Forensics groups use the information obtained from the 
exhumations to verify eyewitness reports of massacres and to determine, 
at least in general, who might have been responsible. The forensic 
evidence has been used in some criminal cases. During the year, the 
ODHAG's Forensic Anthropology Unit exhumed bodies from burial sites at 
the following locations: Tablero (San Marcos), San Luis Tinajas, 
Chijotom and Santa Maria Sibhia (Alta Verapaz), and Petanac 
(Huehuetenango). As of September, workers at these sites had found 87 
skeletons and identified 26. During the year, the Foundation of 
Forensic Anthropology (FAFG) conducted excavations of 13 massacre sites 
from the early 1980's, where they exhumed a total of 180 human remains. 
Threats and intimidation against persons working on exhumations 
continued, but at lower levels than in previous years.
    On July 9, a newspaper reported the discovery of a clandestine 
cemetery on the grounds of a facility formerly used by the now-defunct 
Mobile Military Police (PMA). In late 1998, workers claimed to have 
found what they believed to be human skeletons with pieces of olive 
green clothing and military-style boots while building a dormitory for 
female police officers on the grounds of the new PNC academy. The 
workers reportedly were told to continue construction, and the 
discovery was not revealed to the Public Ministry until June. The 
discovery generated considerable public interest because it was 
believed to be the first clandestine cemetery found on the grounds of a 
former military facility. In October a court-ordered excavation of the 
site was conducted but no human remains were found. FAFG 
anthropologists found only animal remains and fragments of license 
plates suspected to have been used in clandestine operations during the 
internal armed conflict. In July PNC Academy Director Brigido Fuentes 
reported receiving death threats for having revealed the cemetery's 
existence publicly.
    On December 2, indigenous leader Rigoberta Menchu filed a criminal 
suit in a Spanish court against eight former military and civilian 
leaders for human rights abuses committed during the internal conflict. 
The suit alleges that the defendants, including retired General and 
former de facto President Efrain Rios Montt, former President and 
retired General Fernando Lucas Garcia, former de facto President Oscar 
Humberto Mejia Victores, and others were responsible for ``crimes 
against humanity,'' including genocide, torture, and terrorism. The 
suit cites 3 cases--the 1980 assault on the Spanish Embassy in which 
over 30 persons died, the killing of Menchu's mother and her 2 
siblings, and the killing of 4 Spanish priests over the course of the 
conflict. On December 18, Spanish Judge Guillermo Ruiz Polanco accepted 
Menchu's suit. Attorneys for Mejia Victores later filed criminal 
charges in Guatemala against Menchu, accusing her of treason, violating 
the Constitution, and failing to report a crime (for filing charges in 
Spanish court.)
    Intimidation of witnesses continued to be a problem, although there 
were no reports of the killing of witnesses. For example, in the second 
trial of former military commissioner Candido Noriega, witnesses 
received death threats and harassment so intense that many chose not to 
testify in the third trial in September. As a consequence, the list of 
charges against Noriega had to be reduced significantly. In May 
unidentified individuals abducted, assaulted, and interrogated lay 
worker Jeremias Tecu, who was accompanying witnesses in the Candido 
Noriega trial. Witnesses and relatives of murder victim Juan Chanay 
Pablo received death threats following the May jailbreak of former PAC 
members convicted of his 1993 murder. Many observers reported threats 
and intimidation against witnesses, lawyers, and family members of the 
plaintiffs in the Xaman massacre trial. In August a family member and 
witness in the murder of presidentialcandidate Jorge Carpio Nicolle 
received death threats after an appeals court annulled the convictions 
of four former PAC members. ODHAG personnel and prosecutors 
investigating the killing of Bishop Juan Gerardi reported increased 
threats and other acts of intimidation as the investigation gained 
momentum; during the year both the judge and the prosecutor resigned 
and fled the country, due in part to threats.
    There were several allegations of politically motivated killings 
during the year, and the authorities demonstrated a willingness to 
investigate these murders.
    On January 4, Olman Alexis Viera Rodriguez, an alleged member of 
the organized criminal gang Valle del Sol, was shot to death in his 
home by unidentified assailants. Prior to the killing, based on his own 
``private investigation'' of the Bishop Gerardi murder case, former 
Judge Juan Carlos Solis Oliva, who is related to two of the military 
suspects being investigated in the case, had alleged that the Gerardi 
murder was linked to a smuggling ring involving the Valle del Sol gang, 
the military, and several clerics. At the time of his death, Viera 
Rodriguez was rumored to be the inside source of information (and 
therefore a potential witness) for Solis Oliva's now-discredited 
theory. Investigation of the murder continued as police concluded that 
gang-on-gang violence was the motive. By year's end, Solis Oliva's 
independent investigation apparently had ended and was regarded widely 
as an effort to absolve his relatives.
    On January 12, Zacapa Municipal Workers Union leader Robinson 
Morales Canales was killed, followed by the March 8 murder of Angel 
Pineda. Both men had protested labor rights violations and corruption 
in the Zacapa mayor's office, including charges of corruption in 
several municipal construction projects. Police were investigating 
Zacapa Mayor Carlos Vargas y Vargas, his driver, and bodyguard as the 
intellectual and material authors of the murders, and the investigation 
was pending at year's end. On February 3, police arrested Carlos Anibal 
Paz Gordon, a former employee of a company owned by persons close to 
Mayor Vargas, as the material author of the crime. Police continued to 
search for Paz Gordon's alleged accomplice, whom they know only by a 
nickname. Charges were filed against Paz Gordon and his trial is 
scheduled to begin on February 15, 2000. MINUGUA reported that the 
legal system in Zacapa seriously mishandled several aspects of the 
investigation against the material authors, including poor evidence 
collection at the crime scene, faulty and untimely delivery of arrest 
warrants, illegal detention, and exposure of a witness to death threats 
by improperly revealing his name. In addition, prosecutors made little 
effort to investigate possible connections between the material authors 
and the suspected intellectual author, Mayor Vargas.
    On May 13, four masked men killed New Guatemalan Democratic Front 
(FDNG) executive committee member Roberto Gonzalez Arias in his car. He 
previously had received a series of death threats. Although FDNG party 
officials concluded that the murder was politically motivated, police 
focused their investigation on an unpaid debt owed by Gonzalez Arias. 
On May 25, the PNC arrested Alejandro Garcia Monterroso, a suspect in 
the murder, which they believe may have resulted from a vendetta 
stemming from the death of one of Gonzalez's neighbors. No progress was 
reported in the case at year's end.
    On May 18, unknown assailants abducted and killed Tomas Tol 
Salvador, another FDNG leader, in Quiche. Tol Salvador was also a human 
rights activist for the Council of Ethnic Communities, an indigenous 
organization (see Section 4).
    On May 25, former Judge Herberto Zapata Gudiel was killed in a 
restaurant parking lot in Puerto Barrios. Zapata allegedly received 
numerous death threats prior to the attack. In 1998 Zapata had 
sentenced to death brothers Helse and Obdulio Hernandez Salazar, 
members of the Agosto Negro gang, for two murders. On June 3, police 
arrested the sister of the Salazar brothers and one other person and 
continued to search for additional suspects. However, by year's end, 
the prosecutor was focused on a new theory of motive, based on evidence 
tying Judge Zapata to a narcotics trafficking ring involving another 
prosecutor and a member of the military. The prosecutor has requested 
the release of the Hernandez siblings because he established that they 
were not involved in the crime.
    On July 27, unidentified assailants shot and killed Mayan priest 
Raul Coc Choc at his home in the department of Chimaltenango. Coc Choc 
was a leader of the National Association of Mayan Priests; members of 
the board reported that he had received numerous death threats over the 
telephone. Religious and indigenous leaders called for a thorough 
investigation. After detaining and later releasing a suspect, the judge 
ordered the case provisionally closed for lack of evidence, thereby 
enabling the prosecutors to continue their investigation.
    On August 30, unknown assailants shot and killed sociologist Maria 
Ramirez Sanchez, in what appeared to be a professional killing. Because 
Ramirez was an employee for the sameorganization where anthropologist 
Myrna Mack worked when she was killed for political reasons in 1990, 
the media and human rights groups speculated that the motive for 
Ramirez's murder also was political. However, her coworkers discounted 
the possibility of a work-related political motive, and there was no 
evidence to suggest that the killing was politically motivated. The 
prosecutor was unable to find a suspect using a police composite photo, 
and there was little progress in the investigation at year's end.
    Several past cases of politically motivated killings remained 
unresolved, including the murders of Bishop Gerardi, acting mayor of 
Santa Cruz del Quiche Luis Yat Zapeta, and Retalhuleu prosecutor 
Shilvia Jerez Romero de Herrera.
    The investigation continued in the April 1998 murder of Bishop Juan 
Gerardi Conedera, the Coordinator of the Archbishop's Office on Human 
Rights (ODHAG), but was hampered by the resignations of both judges and 
prosecutors. Bishop Gerardi was killed just 2 days after his public 
delivery of the final report of the ``Recovery of Historical Memory'' 
project, which held the military, military commissioners, and civil 
patrols responsible for approximately 80 percent of the human rights 
violations committed during the 36-year-long internal conflict. In 
January a new prosecutor, Celvin Galindo, took over the case and 
revitalized the investigation, with increased focus on the military's 
potential political motive for the killing. Lawyers for Father Mario 
Orantes, who was held in jail as a suspect, had asked the Court of 
Appeals to recuse Judge Isaias Figueroa; on January 12, the court 
rejected their motion. However, Judge Figueroa withdrew from the case, 
citing defense counsel's lack of confidence in his impartiality, and 
was replaced by Judge Henry Monroy. On February 17, Judge Monroy 
ordered that Father Orantes be released from jail for lack of 
sufficient evidence, although he remains a suspect. (Orantes had been 
arrested and charged with the killing in October 1998.) The press 
reported in March that Guatemala City Bishop Mario Rios Montt said that 
in November 1998, he had been offered the release of Father Orantes in 
exchange for formally stating that the army and Government were not 
involved in the killing. Rios Montt declined to name the person who 
offered him this deal. On March 23, Judge Monroy suddenly resigned and 
fled the country, primarily because of persistent threats and 
intimidation, and eventually was replaced by Judge Flor de Maria Garcia 
Villatoro. In October former Judge Monroy said that he had been 
approached during his tenure as judge in the Gerardi case by Howard 
Yang, then-Secretary of Strategic Planning for the Arzu administration, 
who allegedly suggested that Father Orantes was the most likely suspect 
and that the investigation should focus on him.
    In May prosecutors obtained DNA samples from 17 suspects, including 
Father Orantes and 12 active or former members of the military, and 
sent them for comparison with DNA samples found at the scene of the 
crime. Preliminary and final DNA test results failed to shed light on 
the identity of the crime's material author. New witnesses, including a 
taxi driver and a former member of the EMP, gave testimony implicating 
the EMP and several of its officers. During the year, the prosecutor 
took the testimony of current and former senior military officers, 
including the former Defense Minister General Hector Barrios Celada, 
and impounded various EMP records and log books. Threats and other acts 
of intimidation against prosecutors and ODHAG personnel increased 
sharply as the investigation gained momentum. On October 6, Celvin 
Galindo suddenly resigned as prosecutor and fled the country with his 
family, citing increased death threats and intimidation, including an 
unconfirmed plot to kidnap one of his children. In an earlier incident 
in August, Galindo's neighbors had reported a suspicious vehicle 
circling the streets near his home. When police stopped the vehicle, 
they identified the five occupants as army Lieutenant Victor Canagui 
and four army specialists. Galindo and his staff in the Bishop Gerardi 
investigation reported wiretapping and surveillance. ODHAG personnel 
also complained of death threats, wiretapping, and surveillance. On 
April 16, just days before the first anniversary of Bishop Gerardi's 
death, armed men broke into the home of ODHAG Director Ronalth Ochaeta, 
threatened his maid, but stole nothing of value. The break-in was 
interpreted widely as an act of intimidation related to the Gerardi 
case (see Section 4).
    The high-level government commission established in 1998 to support 
the investigation took no action during the year and was defunct by 
year's end. The Government's own investigation of the murder had not 
yet established the motive for the killing by year's end. In April the 
ODHAG publicly accused Otto Ardon Medina, the former public prosecutor 
for the Gerardi case, of misconduct in his investigation of the case; 
in July the ODHAG filed criminal charges against Ardon. The 
investigation continued at year's end.
    Police continued to investigate the May 1998 murder of acting mayor 
of Santa Cruz del Quiche Luis Yat Zapeta. The authorities arrested 
Bernardino Zapeta Vicente, Tomas Zapeta Ixcoy, and Manuel Pacajoj Mejia 
as material authors. In July 1998, theauthorities had arrested former 
mayor Silverio Perez de Leon and treasurer Cayetano Alvarez Velasquez, 
who remained the primary suspects in the murder that police believe was 
committed in revenge for Yat's successful effort to remove Perez de 
Leon from office on charges of corruption. A trial remained pending 
against all five suspects at the end of the year, although a specific 
trial date had not been set.
    In the case of murdered Retalhuleu Prosecutor Shilvia Jerez Romero 
de Herrera, a trial court found Tirso Valenzuela Leiva, a suspected 
member of the Agosto Negro criminal gang, guilty of the murder, and 
sentenced him to death. Suspects Jorge Lopez Monroy, Juan Vidal de 
Leon, Jaime Quezada, and Waldemar Hidalgo Marroquin, also alleged 
Agosto Negro members, were set free. On February 23, a court sentenced 
other members of the gang to prison for the killing of Danita Gonzalez 
Plank, one of several sensitive cases formerly handled by Jerez, and 
the possible motive for her killing.
    Unlike the previous year, there were no reports of alleged social 
cleansing operations, nor were there developments in cases reported in 
prior years, other than in the Patrol 603 case.
    In June and August, the ODHAG and CALDH brought criminal charges 
against former leaders of the Guerrilla Army of the Poor (EGP) for the 
alleged killings of five former EGP guerrillas in the early 1980's. The 
charges were initiated after relatives of the EGP members who 
disappeared broke off negotiations with former EGP leaders to determine 
the whereabouts of the remains. The CALDH later halted the legal 
process after negotiations resumed. The ODHAG reported little progress 
in the investigation based on its charges. A prosecutor proposed 
travelling to Nicaragua to establish contact with potential witnesses, 
but this trip had not occurred by year's end.
    Popular frustration with the inability of the Government to control 
crime, and of the courts to assure speedy justice, as well as a 
tradition of extrajudicial repression of crime during years of military 
rule, led to continued lynchings and mob violence. Lynchings, which 
often involved burning victims alive, increased significantly. MINUGUA 
reported 90 lynchings or attempted lynchings by September 30, in which 
41 victims died and 93 were injured (an average of 10 lynchings a 
month). These figures are significantly higher than the previous 3-year 
period in which 182 lynchings were reported (an average of 5.4 
lynchings a month). However, there was a decrease in the number of 
deaths and injuries, due mostly to the increased presence and 
intervention of the PNC and other authorities. There continued to be 
instances in which local municipal officials led or participated in 
lynching attempts. Generally, victims were killed by mobs for either 
property-related crimes or suspected membership in criminal gangs. Most 
of the attacks took place in rural areas in the mostly Mayan 
communities of the western highlands. Generally, these were the same 
communities where, during the internal conflict, local militias (PAC's) 
were accustomed to conducting populist summary hearings in the town 
square and then publicly executing alleged criminals or guerrillas. The 
police, sometimes with the assistance of the military or volunteer 
firemen, or in some cases, MINUGUA personnel, were often successful in 
rescuing victims of mob attacks.
    In the first 3 months of the year, the ODHAG reported nine 
lynchings and numerous attempted lynchings, many of which occurred in 
Guatemala City during the week before Easter. During that time, 
University of San Carlos students customarily roam the streets wearing 
masks, soliciting money, and committing acts of vigilantism against 
alleged wrongdoers. The vast majority of lynchings never were 
investigated, and convictions were rare in the few cases that were 
brought to trial. However, as ongoing PNC deployment reached more 
remote communities, the authorities demonstrated increased willingness 
and ability to identify and arrest the perpetrators of lynchings. On 
September 4, a trial court sentenced five individuals to 50 years in 
prison for their role in 2 lynchings in Totonicapan in 1998. On 
September 21, the authorities arrested four individuals suspected of 
organizing a June lynching in El Limon, Chisec, Alta Verapaz.
    On August 24, a crowd of several hundred residents of Zacualpa, 
Quiche, captured and killed five alleged members of a local criminal 
gang known as ``The Specialist.'' The crowd prevented the PNC and 
volunteer firemen from rescuing the victims by using roadblocks and 
holding PNC officers captive until the lynchings were completed, 
although police were successful in saving other individuals from the 
angry crowd. Investigators identified several leaders of the mob and 
reportedly sought arrest warrants. In September residents of Zacualpa 
created local security committees to protect themselves from the 
criminal gang, claiming that the justice system is incapable of 
punishing crime.
    With MINUGUA's assistance, in July the Government inaugurated an 
educational campaign to combat lynchings in the hardest-hit areas of 
Alta Verapaz and Quiche, which included a training program for 
educators, printed materials, and radio and televisionadvertisements in 
three languages. In February in an effort to deter lynchings, Catholic 
Archbishop Victor Hugo Martinez of Los Altos announced that Catholic 
churches would suspend religious services for 6 months following any 
lynching within his jurisdiction--the departments of Quetzaltenango and 
Totonicapan.
    b. Disappearance.--There was at least one credible report of 
disappearance attributed to police forces. A prosecutor attributed the 
February disappearance of Francisco Gonzalez Vasquez to two Zacapa 
police officers. The prosecutor sought and obtained an arrest warrant 
for PN inspector Marvin Gomez, but Gomez had not been apprehended at 
year's end.
    In addition, the PDH's office reported 12 complaints of forced 
disappearance during the year (4 of which were attributed to government 
forces), compared with 18 in 1998, 30 in 1997 and 47 in 1996. MINUGUA 
reported one unconfirmed complaint of forced disappearance during the 
year, compared with one in 1998 and three in 1997.
    There was also at least one credible report of a politically 
motivated disappearance. On April 30, prominent indigenous leader and 
FDNG party member Carlos Coc Rax disappeared while crossing Lake Izabal 
on a boat from the town of El Estor. At the time of his disappearance, 
Coc Rax had received numerous death threats related to his defense of 
several indigenous communities involved in land and lumber disputes 
with large landowners and logging and mining companies near Lake 
Izabal.
    Disappearances in high-profile cases from recent years remained 
unresolved at year's end. Arnoldo Xi, an indigenous- and peasant-rights 
activist who reportedly was shot and abducted in March 1995, remained 
missing. The whereabouts of Lorenzo Quiej Pu, a human rights activist 
who disappeared in January 1994, also remained unknown. Also unsolved 
was the case of Juan Jose Cabrera (known as ``Mincho''), the guerrilla 
commander captured in 1996 while taking part in a kidnaping, who has 
never reappeared. MINUGUA concluded that the EMP was responsible for 
his capture, but the media and critics of the Government accused the 
EMP and MINUGUA of covering up this finding in the interest of not 
disrupting the peace process. There also was no clarification of 
several late-1997 cases reported by MINUGUA in which persons believed 
to have been involved in kidnapings were captured by heavily armed and 
well-coordinated units that bore many of the characteristics of a 
clandestine security force. The disappearances of San Marcos PAC 
members Margarito Lopez and Obdulio Zapeta, army enlisted man Diego 
Chel Matom, and farmers Ramona Munoz and Maritza Gil, who allegedly 
were kidnaped in 1993 by guerrillas, also remained unresolved at year's 
end.
    The fate of guerrilla leader Efrain Bamaca Velasquez, who 
disappeared following a March 1992 clash between army and URNG forces, 
remains unknown. The IACHR continued its deliberations regarding the 
Government's liability and damages in the case, based upon the 
Government's 1998 acceptance of partial liability due to the judicial 
system's inability to determine Bamaca's whereabouts.
    In August 1998, Adriana Portillo Bartow filed criminal charges in 
the 1981 abduction and disappearance of her two children and four other 
members of her family. The lawsuit named former Interior Minister 
Donald Alvarez Ruiz, former National Police Director German Chupina 
Barahona, and Pedro Garcia Arredondo, the former chief of Commando Seis 
(a plainclothes police urban counterinsurgency force) as defendants. 
Garcia Arredondo was reelected as mayor of Nueva Santa Rosa in the 
November elections, and therefore has immunity from prosecution. There 
was no significant progress in the case and it remained pending at 
year's end.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution provides for the integrity and security 
of the person and prohibits physical or psychological torture of 
prisoners; however, there were credible reports of torture, abuse, and 
other mistreatment by members of the PNC. These reports typically 
involved the use of excessive force during arrests or other police 
operations. The Government and the PNC showed willingness to 
investigate, prosecute, or otherwise punish officers who committed 
abuses, and to transfer cases to the Public Ministry.
    The PDH's office reported four complaints of torture during the 
year, compared with two in 1998 and one unconfirmed case in 1997. The 
ODHAG reported one case of torture during the year, compared with no 
cases in 1998, no cases in 1997, and four cases in 1996. The sole case 
reported by ODHAG involved apparent torture in the June 9 deaths of 
four prisoners (See Section 1.a.). MINUGUA's 4th report on the peace 
process, covering the period between August 1998 and November 1999, 
noted a sharp rise in complaints of abuses committed by the PNC. 
However, most of this increaseinvolved violations of due process, and 
in part may be related to a greater public willingness to report such 
offenses. MINUGUA investigated 24 complaints of torture, of which 22 
were confirmed at year's end. The majority of these torture cases 
involved abuse or mistreatment of suspects and detainees by PNC 
officers or SIC investigators. While there were some credible reports 
of coverups in these cases, the PNC generally punished the use of 
excessive or illegal force by officers.
    Amnesty International reported several incidents of police abuse, 
including the case of a man who allegedly was shot and kicked to death 
in February by police officers in the capital (see Section 1.a.). In 
May plainclothes officers of the Criminal Investigation Section from 
Quetzaltenango reportedly arrested six men for fighting at a community 
festival in San Vincente Pacaya, Coatepeque. On the way to the police 
station, the men allegedly were taken out of the vehicles, beaten, 
robbed, and then beaten again at the station. The case remained under 
investigation by the prosecutor's office in Coatepeque. A judge in 
Chiquimula reported receiving threats and blackmail attempts from a PNC 
officer accused of running over two persons with his patrol car.
    Casa Alianza reported that, although the number of incidents of 
abuse of street children was roughly equal to 1998 levels, far fewer 
incidents allegedly were committed by members of the security forces. 
Most acts of violence against street children were committed by 
individuals, by private security guards, or in gang- and drug-related 
violence among street children. Casa Alianza alleges only two cases of 
abuse of street children by PNC officers: one case of mistreatment and 
one of rape, which was still being investigated at year's end.
    There were no reports that police used excessive force in evictions 
of landless peasants occupying farms in attempts to gain land during 
the year. Because of violent confrontations in the past, the Government 
continued its policy of securing an eviction order from a court, 
informing the occupiers of the coming eviction, and sending in a 
lightly armed police contingent to end the occupation by using dialog 
and verbal persuasion. The public continued to experience difficulty in 
demonstrating or securing legal title to land, and virtually no 
progress was made toward genuine land reform. The Ministry of 
Government carried out numerous evictions without incident during the 
year using this policy.
    Corruption continued to be a problem, and there were credible 
allegations of involvement by individual police officers in criminal 
activity, including kidnaping (see Section 1.b.). The authorities 
arrested some police officers. The authorities continued to take 
stronger actions against officers found to have engaged in illegal 
activities, referring some violations to the criminal justice system 
rather than simply imposing administrative punishments. However, some 
observers claimed that, rather than discipline its officers, the PNC 
often just transferred them to a different part of the country. Ongoing 
impunity for police who commit abuses remains a problem.
    All PNC members are required to meet minimum education requirements 
and pass an entrance examination. Former PN staff who wish to integrate 
into the PNC must complete successfully a 3-month retraining course. 
There also are screening procedures to detect suspected human rights 
violators and agents involved in criminal activities. New recruits must 
complete a 6-month training course before entering on duty. The 
training course, developed with the assistance of MINUGUA, foreign 
countries, and international organizations, includes extensive human 
rights components. However, some observers claimed that the retraining 
course was insufficiently rigorous and that relatively few members of 
the PN were screened out during retraining, allowing the incorporation 
of some poorly qualified PN members into the ranks of the new PNC.
    Pursuant to the Peace Accords, former members of the military were 
eligible to apply for positions in the PNC but were required to apply 
like other civilians and complete the 6-month training course required 
of all civilian applicants. However, the Government incorporated some 
former members of the military and the former Mobile Military Police 
into the ranks of the PNC upon the completion of only the shorter 
course intended for current members of the PN. The former PMA members 
were not subjected to a competitive selection process but were screened 
carefully before they were allowed to enter the program. As of 
September, there were 13,452 PNC personnel on duty, including 8,429 
former PN members and 5,023 new recruits. An additional 2,486 former PN 
members awaited training classes to join the PNC. Although government 
plans called for 20,000 PNC members to be on duty around the country by 
year's end, resource constraints limited that number to about 16,000.
    The PNC's Office of Professional Responsibility (ORP) handles 
internal investigations of misconduct by police officers. The ORP 
received 1,517 complaints during the year, of which nearly half were 
for minor infractions. Of the more serious complaints, 224 were for 
abuse of authority, 258 were for bad conduct, 93 forthreats or 
extortion, 83 for illegal detention, and 40 for homicide. In cases 
where sufficient evidence suggested that criminal acts were committed, 
ORP investigators forwarded them to the Public Ministry for further 
investigation and prosecution. For example, of the 40 alleged homicide 
cases, 23 were sent to the Ministry. While this number represented an 
increase over 1998 levels, a significant portion of this increase 
likely was attributable to the fact that thousands of additional 
officers were deployed during the year. In addition, strong anecdotal 
evidence suggested that that the public was less afraid and more 
willing to bring complaints against the PNC than against its 
predecessor. Most observers still considered the PNC to be a 
significant improvement over the PN, although there were signs of 
increasing friction as communities began to face the practical 
challenges of integrating the new police force into the community and 
supporting its work.
    In 1998 the PNC accepted some 60 police candidates from indigenous 
communities in the Ixil region--approximately 30 of whom graduated on 
their first attempt--to ensure that PNC personnel in those communities 
are proficient in the local language and are able to operate 
effectively in those communities.
    No active members of the military serve in the police command 
structure, but in 1998 President Arzu ordered the army to support the 
police temporarily in response to a nationwide wave of violent crime. 
Arzu extended this order and it remained in effect at the end of the 
year. While the measure was popular politically, given the public's 
preoccupation with crime and security, it appeared to open the door to 
renewed military involvement in internal security and police functions, 
a role that is prohibited by the Peace Accords. Despite this ambiguity, 
military personnel were subordinated to police control during joint 
patrols or operations.
    The case of Sister Dianna Ortiz, who was kidnaped near Antigua, 
tortured, and sexually abused by a group of armed men in November 1989, 
remained in the investigative phase. However, the prosecutor agreed to 
send interrogatories to her, so as to accommodate her reluctance to 
return to Guatemala. There was no real progress in her case at year's 
end.
    Prison conditions remained harsh but not life threatening. The 
prison system continued to suffer from a serious lack of resources, 
particularly in the areas of prison security and medical facilities. 
The Government reported that prison capacity nationwide was 8,373 
persons, and there were approximately 8,460 inmates in September. Some 
institutions were overcrowded; for example, in September the Preventive 
Detention Center for Men in Guatemala City was approximately 70 percent 
over its designed capacity. A project to expand prison capacity at the 
maximum security prison in Esquintla was completed during the year. 
Prisoners also complained of inadequate food. Corruption--especially 
drug-related--is widespread. Prison officials reported frequent escape 
attempts and other manifestations of prisoner unrest, and the frequency 
of jailbreaks continued to be a matter of serious public concern. The 
573 female prisoners in the penal system are held in facilities 
separate from men, and minor children are held in other detention 
facilities. The Government permitted access to prisons by family 
members.
    The Government permits prison visits by independent human rights 
monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest and detention; however, there were frequent credible 
reports of arrests without judicial warrants, illegal detention, and 
failure to adhere to prescribed time limits in legal proceedings. The 
Constitution requires that a court-issued arrest warrant be presented 
to a suspect prior to arrest unless he is caught in the act of 
committing a crime. Police may not detain a suspect for over 6 hours 
without bringing the case before a judge. Once a suspect has been 
arraigned, the prosecutor generally has 3 months to complete his 
investigation and file his case. The law also provides for bail and 
access to lawyers.
    There are no comprehensive, reliable data on the number of 
arbitrary detentions, although most accounts agree that the security 
forces routinely ignored writs of habeas corpus in cases of illegal 
detention. The PDH reported 20 complaints of illegal detention during 
the year, compared with 18 in 1998. From January through September, 
MINUGUA investigated some 89 complaints of illegal or arbitrary 
detention during the year, and confirmed 85 by year's end.
    Reliable estimates suggest that approximately 62 percent of those 
incarcerated are awaiting trial. The law sets a limit of 3 months for 
pretrial detention; however, longer detentions still occurred 
routinely. Prisoners often are detained past their legal trial or 
release dates. Prisoners sometimes were notreleased in a timely fashion 
after completing their sentences due to the failure of judges to issue 
the necessary court order.
    In the wake of Hurricane Mitch in 1998, President Arzu decreed a 
state of public emergency, ratified by the Congress, which resulted in 
the suspension of certain constitutional rights, enabling law 
enforcement officials to detain persons without a judicial warrant or 
without discovering them in the act of committing a crime. The state of 
emergency expired on January 31. There were no reports of abuse of 
authority due to the suspension.
    The Constitution prohibits exile, and it is not practiced.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judicial system often fails to 
provide fair trials due to inefficiency, corruption, insufficient 
personnel or funds, and intimidation of judges, prosecutors, and 
witnesses. The courts' response to human rights violations, as well as 
to general criminal activity, has been inadequate, although during the 
year the Government achieved convictions in some important human rights 
cases from previous years. However, more often, prior convictions for 
human rights violations were reversed or annulled for technical 
deficiencies or procedural shortcomings. Observers believe that at 
least some of these rulings were actually the result of corruption or 
intimidation of judges. There were numerous credible allegations of 
corruption in the judiciary.
    Members of the judiciary and prosecutors continued to receive 
threats aimed at influencing current decisions or as reprisals for past 
decisions. Death threats and intimidation of the judiciary were 
commonplace in most cases involving human rights violations, 
particularly where the defendants were current or former members of the 
military, military commissioners, or PAC's. For example, in May a 
former judge in Puerto Barrios was killed in apparent retaliation for 
death sentences he handed down while on the bench (see Section 1.a.). 
Judges and prosecutors in the Xaman massacre case allegedly received 
numerous threats before and during the trial (see Section 1.a.). The 
prosecutor and his staff in the Bishop Gerardi murder investigation 
reported wiretapping, surveillance, and frequent death threats (see 
Section 1.a.). In March and October, respectively, a judge and a 
prosecutor in the Gerardi case resigned and left the country due, at 
least in part, to threats and intimidation (see Section 1.a.). In 
September the mob that attempted to free former military commissioner 
Candido Noriega also threatened to kill the judge (see Section 1.a.). A 
small number of prosecutors handling high-profile cases have been 
assigned bodyguards; however, in general the Government has not 
allocated sufficient resources to the judiciary's physical security.
    The judiciary is composed of the Constitutional Court, the Supreme 
Court, appellate courts, lower courts, and courts of special 
jurisdiction (e.g., labor courts). The Constitution provides that 
Congress elect all Supreme Court (CSJ) and Appellate Court (CA) 
magistrates every 5 years from lists prepared by panels composed of 
active magistrates, representatives of the bar association, and law 
school deans. In October new CSJ and CA magistrates were chosen, amid 
some accusations that political parties were attempting to fill the 
courts with their sympathizers prior to the November general elections. 
Despite such allegations, the selection process was more participatory 
and transparent than ever before. There are several community courts in 
indigenous rural areas (see Section 5).
    The Criminal Procedures Code, which came into effect in mid-1994, 
provides for the presumption of innocence, the right to be present at 
trial, the right to counsel, plea bargaining, and the possibility of 
release on bail. Trials are public--allowing victims, family members, 
and human rights groups to observe the process--and verdicts are 
rendered by three-judge panels. The code also provides for language 
interpretation for those who require it; however, in practice this 
provision is not always honored due to budgetary and other constraints 
(see Section 5). The Public Ministry, which is independent of the 
executive branch, may initiate criminal proceedings on its own or in 
response to a complaint. Private parties may participate in the 
prosecution of criminal cases as coplaintiffs. Lengthy investigations 
and frequent procedural motions by both defense and prosecution often 
lead to excessively long pretrial detention (see Section 1.d.). Courts 
showed little willingness to exercise discretion in dismissing 
frivolous or patently invalid motions. As a consequence, parties 
continued to use such motions as delaying tactics, frequently holding 
up trials for several months or even years.
    Inefficiency and corruption in the courts, Public Ministry, and 
police continued to impede the proper functioning of the judicial 
system and undermine the right to due process. The Supreme Court 
continued to seek the suspension of judges and to conduct criminal 
investigations for improprieties or irregularities incases under its 
jurisdiction. According to government statistics, through August the 
Supreme Court imposed 1,215 sanctions against members of the judiciary 
for offenses ranging from simple impropriety to illegal conduct. Of 
those sanctions against judges, 1,159 were findings of impropriety, 66 
were warnings, 9 judges were fired, and 1 was suspended. Magistrates 
received 13 findings of impropriety. The Public Ministry has been 
hampered in its efforts to investigate crimes and prosecute offenders 
by inadequate training and equipment and insufficient numbers of 
investigators. In addition, prosecutors remained susceptible to 
intimidation and corruption. It was difficult to attract qualified 
personnel to the courts because of the low salaries offered. 
Notwithstanding this difficulty, the judiciary fired over 500 employees 
in August, alleging that they had participated in an illegal work 
stoppage in 1996 (see Section 6.a.). In October the CSJ reinstated 125 
of these employees. Some observers speculated that the firings were 
politically motivated. In October Congress passed a law on legal 
careers, which established a system to regulate the income, terms of 
office, promotion, training, and disciplinary measures, as well as 
other activities of judges and magistrates, to support their 
professionalism and independence. The new law took effect on December 
2, and is intended to speed trials and reduce corruption by recognizing 
and protecting competent judges while creating mechanisms to remove 
incompetent or corrupt ones.
    In cooperation with foreign donors, the Government continued its 
efforts to reform the judicial system. In September 1997, the 
Government formed an interagency mechanism to coordinate reform efforts 
among the judicial branch, the Public Ministry, the Ministry of 
Government, and the Public Defenders Service, which are the four 
principal governmental institutions involved in the administration of 
justice. Since 1994 the Government has created 215 judgeships 
throughout the country. One of the most successful reform efforts has 
been the creation of ``justice centers,'' which bring together judges, 
public defenders, prosecutors, private law practitioners, police, 
municipal representatives, military officers, and civil society in a 
team approach to dispute resolution and problem solving. The centers 
have installed modernized docket and case filing systems in the courts, 
thereby increasing efficiency and public service. Centers are located 
in Zacapa, Quetzaltenango, Escuintla, Nebaj, the Peten, and most 
recently, Huehuetenango. The Supreme Court extended the administrative 
model of the justice centers to include the criminal courts in the 
capital by creating a new Clerk of Court office, which has streamlined 
the processing of cases, increased transparency, and improved customer 
service.
    Other judicial reforms included the attendance of over 400 
prospective judges and assistant judges at special courses at the 
School of Judicial Studies, from which applicants were selected to fill 
vacancies in the judiciary.
    Despite some progress, much remains to be done to reform the 
judiciary and establish effective rule of law, as mandated by the Peace 
Accords. Many of the structural and procedural weaknesses of the 
judiciary would have been addressed by the proposed constitutional 
reforms that were defeated in a national referendum in May (see Section 
3). An August visit by U.N. Special Rapporteur on Justice Param 
Cumaraswamy highlighted many of the justice sector's acute problems and 
the continued need for sweeping reforms. Although his final report was 
not expected until January 2000, Cumaraswamy offered several 
conclusions at the end of his visit. Cumaraswamy observed that the 
judicial system has not recovered from the damage it sustained during 
the internal conflict, noting its lack of independence and complicity 
as a former tool of repression. In addition, he concluded that the 
judicial system is hampered by inefficiency, incompetence, corruption, 
influence peddling, and lack of resources. The Rapporteur also 
criticized the threats and intimidation experienced by judicial 
employees, the prevalence of lynchings and other forms of vigilante 
justice, and low prosecution rates as manifestations of ongoing 
impunity.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the inviolability of 
home, correspondence, and private documents; however, allegations 
persist that the authorities sometimes disregard these provisions. 
Elements of the security forces reportedly continued to monitor private 
communications. Press reports continued to accuse the Presidential 
Military Staff of wiretapping telephones. The prosecutor and his staff 
in the Bishop Gerardi murder investigation reported wiretapping and 
surveillance (see Section 1.a.).
    The military continued to honor the 1994 presidential order to 
suspend all conscription, including forced recruitment.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression, and the Government generally respected this 
right in practice. Unlike the previous year, there were no reports of 
self-censorship. There were some unconfirmed reports that members of 
the press were targets of intimidation.
    In addition to regular and open criticism of government policies, 
the media publicizes communiques from human rights organizations, 
unions, and groups opposed to the Government or its policies. The press 
criticized the military and other powerful sectors. For example, the 
press reported a number of allegations by human rights groups that the 
EMP continues to monitor private telephone conversations (see Section 
1.f.). The press also frequently published stories on reputed drug 
traffickers and on official corruption.
    The Government prepared public information programs, which the 
radio and television stations were required to broadcast. The 
Government controlled two national channels, one by the Presidency and 
one by the Ministry of Education. Critics alleged that the channel 
controlled by the Presidency was a propaganda organ rather than a 
source for public information, particularly during the election 
campaign. Opposition parties had no such access to the media but could 
purchase broadcast time. During the election campaign, opposing parties 
frequently accused the Government of using its nightly information 
program to publicize the Government's accomplishments, in violation of 
a prior Supreme Electoral Tribunal (TSE) ruling that prohibits such 
activity.
    There were no reports of threats or violence against journalists.
    The trial of the two alleged killers in the June 1997 murder of 
journalist Jorge Luis Marroquin Sagastume was expected to begin in 
September. The victim's relatives continued to pursue charges filed 
against the crime's alleged intellectual author, former Jocotan Mayor 
Manuel Ohajaca, who apparently acted out of revenge or personal 
animosity.
    The Constitution provides for academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of peaceful assembly, and the Government 
respects this right in practice. Peaceful demonstrations were common, 
and demonstrators sometimes occupied government institutions. In all 
these cases, the police acted with restraint, and the authorities 
negotiated a peaceful departure of the demonstrators.
    The Constitution provides for freedom of association, and the 
Government respects this right in practice. The Government did not 
interfere with political associations. However, organizations must 
obtain legal status, a formerly cumbersome and expensive procedure. The 
URNG and several NGO's have alleged that this law particularly 
disadvantaged organizations representing marginalized social sectors, 
including indigenous groups. In December 1997, the Congress enacted a 
statute that sought to provide a less cumbersome mechanism for 
registering civil associations. Regulations implementing this statute 
were adopted in 1998, and media reports suggest that the new law and 
regulations have streamlined the registration process considerably.
    c. Freedom of Religion.--The Constitution provides for religious 
freedom, and the Government respects this right in practice. There is 
no state religion; however, the Constitution recognizes explicitly the 
separate legal personality of the Catholic Church. Members of a 
religion need not register simply in order to worship together. 
However, the Government requires religious congregations (other than 
the Catholic Church), as well as other nonreligious associations and 
NGO's, to register as legal entities in order to be able to transact 
business.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government generally respects them in practice. In 
October 1998, President Arzu temporarily suspended constitutional 
provisions protecting freedom of movement until January, in response to 
hurricane Mitch (see Section 1.d.).
    The Government grants refugee status and asylum in accordance with 
the provisions of the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol. The Governmentcooperates with the 
office of the U.N. High Commissioner for Refugees (UNHCR) and other 
humanitarian organizations in assisting refugees from other countries. 
The issue of the provision of first asylum did not arise. There were no 
reports of the forced return of persons to countries where they feared 
persecution.
    Voluntary repatriation of refugees from Mexico concluded. The UNHCR 
estimated that approximately 2,000 refugees returned, bringing the 
total to over 40,000 since initiation of the program in 1993. 
Guatemalans who still remain in Mexico do so by choice.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to change their government by peaceful and 
democratic means, through secret ballot and universal suffrage for 
those 18 years of age and older. Members of the armed forces and police 
may not vote. Since the return to democracy and civilian rule in 1985, 
there have been nine free elections. International observers concluded 
that both the November general elections and the December runoff 
presidential election were free and fair. During and after the November 
round of elections, political parties lodged numerous complaints of 
fraud and misconduct against each other. The vast majority of these 
complaints were unaccompanied by evidence and appeared to be partisan 
attempts to disqualify opponents or annul election results. However, 
the most serious allegation was a complaint brought to the Supreme 
Electoral Tribunal (TSE) by the FRG that the PAN-led Guatemala City 
Administration interfered with city bus transportation on election day 
to prevent FRG supporters from reaching the polls. Based on this and 
other FRG allegations of PAN fraud, the FRG leadership requested a 
recount of the Guatemala City results. The TSE ruled against a recount, 
finding insufficient evidence of fraud or misconduct. Due largely to 
unexpectedly high voter turnout, the TSE was slow to report the 
November vote count. Public uncertainty over the delayed count 
contributed to violence and disturbances in a number of municipalities 
with highly contested local races.
    Voters elect the 113-member, unicameral Congress every 4 years 
using a system of proportional representation based on population, with 
deputies elected both from districts and from a nationwide list. The 
Congress had 91 deputies from districts and 22 from the national list. 
The November elections involved 13 political parties, including 2 2-
party coalitions. Four parties and both coalitions won seats in the 
legislature, led by the FRG with a 63 seat majority, followed by the 
PAN with 37 seats, and the New Nation Alliance coalition, which 
included the URNG party, with 9 seats. Voter participation in the 
November round was at a 13-year high. Congress can and does act 
independently of the executive, but fragmentation along party lines and 
a weak support and staff structure result in a legislature that is 
relatively weak.
    The former URNG guerrillas met all legal requirements for 
qualification as a political party and competed in the November general 
elections.
    On December 26, FRG presidential candidate Alfonso Portillo won a 
runoff election against PAN candidate Oscar Berger, with 68 percent of 
the popular vote, in an election that international observers 
characterized as free and fair.
    Government efforts to implement the Peace Accords were selective. 
On May 16, in a national referendum, voters rejected the entire package 
of 50 constitutional reforms approved by Congress in 1998, dealing a 
significant blow to the peace process. Only 20 percent of the 
electorate voted. The defeated amendments included provisions to 
recognize, respect, and protect indigenous languages and traditional 
customs, professionalize the judicial service, give civilian courts 
jurisdiction over military personnel, and define the army as an 
apolitical organization. While ordinary laws could be enacted to 
accomplish many of the reforms, the constitutional reforms nonetheless 
held great symbolic value for the peace process.
    Prior to the vote, on January 9, the Constitutional Court granted a 
temporary injunction to prevent the Supreme Electoral Tribunal from 
calling a national plebiscite on the amendments, following a request by 
the Center for the Defense of the Constitution (CEDECON), a private, 
nonpartisan association of lawyers. Following the Constitutional 
Court's decision, COPMAGUA--an indigenous NGO--and the URNG political 
party blocked roads in Guatemala City and several other locations to 
protest the decision. On February 9, the Constitutional Court overruled 
a decision by Congress to send the 50 amendments as a single package 
for the referendum, but ruled that Congress would be acting within the 
Constitution if it grouped the amendments into 6 thematic categories 
before sending them to voters. Congress then grouped the amendments 
into four categories before sending them to voters. Every major 
political party had expressed support for the amendments, although none 
actively campaigned on their behalf.
    There are no legal impediments to women's participation in politics 
and government, but women are underrepresented in the political arena. 
Nevertheless, women hold some prominent political positions. Voters 
elected nine women to Congress in November; women hold two seats on the 
Supreme Court; and one on the Constitutional Court. There were two 
female ministers in the Arzu government.
    The Constitution provides for equal rights for indigenous people. 
Some have attained high positions as judges and government officials, 
including 15 members of the new Congress; there were 6 indigenous 
members in the 80-member Congress before the elections. Indigenous 
leader Rigoberto Queme was reelected as mayor of Guatemala's second-
largest city, Quetzaltenango, in a narrow victory in which there were 
credible allegations of vote-buying by Queme's political organization, 
the Xel-ju Civic Committee. Indigenous people still are 
underrepresented significantly in politics due to limited educational 
opportunity and pervasive discrimination (See Section 5). There were no 
indigenous members in the Cabinet of the Arzu Government. On August 17, 
the Congress opened outreach offices in Quetzaltenango (in a heavily 
indigenous area), Jutiapa, and Coban, in order to facilitate 
communication between the legislative branch and citizens in outlying 
areas.
    There was an unconfirmed report from a human rights organization 
that groups of indigenous women from Quiche effectively were prevented 
from registering to vote in time for the May constitutional referendum. 
Reportedly, officials told them at various times that the registration 
campaign was not yet underway, that the proper forms were not 
available, or that notarized copies of additional documents were 
required. By all accounts voter registration was generally difficult, 
complicated, time consuming, and expensive, particularly for poor, 
mostly indigenous rural voters, who had to incur considerable expense 
just to travel to the towns or cities where registration took place. 
However, women and indigenous voter participation in the November 
general elections increased.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government permits local human rights groups to operate without 
restriction. Numerous domestic and international groups investigate and 
report freely on human rights issues. Senior government officials also 
met with numerous foreign government officials and international human 
rights monitors. While many international human rights organizations 
and their workers do not enjoy formal legal status, they continue to 
operate openly.
    During the year, many NGO's credibly reported receiving threats or 
being intimidated by unidentified persons. Human rights activists and 
jurists working on cases involving human rights abuses, drug 
trafficking, and other sensitive matters frequently reported receiving 
anonymous threats. At least one observer claimed that forensic and 
human rights workers exhuming a clandestine cemetery at San Francisco 
Nenton, Huehuetenango, were victims of intimidation and harassment. In 
addition, at least two murders, one disappearance, and one abduction of 
human rights activists allegedly were committed for political reasons, 
possibly related to the victims' human rights work. These cases 
included the killing of FDNG party member and indigenous human rights 
activist Tomas Tol Salvador (see Section 1.a.), the death of 
sociologist Maria Ramirez Gonzalez (see Section 1.a.), the 
disappearance of Lake Izabal indigenous leader Carlos Coc Rax (see 
Section 1.b.), and the abduction of a security escort in the Candido 
Noriega case (see Section 1.a.).
    The ODHAG personnel working on the Bishop Gerardi murder case 
reported frequent and persistent death threats, surveillance, and other 
acts of intimidation. On April 16, three armed men broke into the home 
of ODHAG director Ronalth Ochaeta, hit and threatened his domestic 
employee, but stole nothing of real value. The break-in was widely 
considered to be an act of intimidation because it occurred just days 
before the ODHAG was to commemorate the first anniversary of Bishop 
Gerardi's death. Furthermore, the assailants reportedly left behind a 
piece of cement cinder block--the same type of object used to kill 
Bishop Gerardi. Several months later, Ochaeta resigned and left the 
country.
    Every 5 years, Congress elects the Human Rights Ombudsman from 
three candidates chosen by the Congressional Committee on Human Rights. 
The Ombudsman reports to Congress, and monitors the rights provided for 
by the Constitution. The PDH's rulings do not have the force of law. 
The Ombudsman, Julio Arango Escobar, operates with a large degree of 
independence from other branches of the Government, often ruling on 
controversial issues not normally considered human rights topics, such 
as bus fares and electricity rates. During the year, Arango continued 
to complain that the Congress neither funded his office adequately nor 
implemented his recommendations on human rights. The office'slack of 
funding limited the possibility of developing adequate investigative 
capabilities. Relations between the Ombudsman's office and MINUGUA were 
strained, in part by Arango's issuance of a statement accusing MINUGUA 
officials of complicity in the jailbreak of the former PAC members 
convicted for killing Juan Chanay Pablo (see Section 1.a.). MINUGUA 
responded by explaining that its involvement in the case was limited to 
assisting Arango's own representative in filing a petition requesting 
that the convicted PAC members be jailed closer to home, so as to 
facilitate family visits. Arango also publicly criticized the 
harmonious working relationship between MINUGUA and COPREDEH, claiming 
that MINUGUA's intent was to marginalize the PDH. Upon the expiration 
of MINUGUA's mandate at the end of 2000, the PDH is scheduled to take 
over MINUGUA's human rights verification function.
    COPREDEH actively sought to forge a responsive and cooperative 
relationship with both domestic and international human rights 
monitors, often acting as a liaison between such groups and other 
government offices. COPREDEH sought to negotiate amicable settlements 
in many cases of past human rights violations pending before organs of 
the inter-American human rights system, rather than litigating such 
cases.
    On February 25, the Historical Clarification Commission (CEH) 
fulfilled its Peace Accord mandate by issuing ``Guatemala: Memory of 
Silence,'' its 12-volume report on the internal conflict based on 
witness and survivor testimony and historical records provided by the 
Government (including the military), international organizations, and 
human rights NGO's. Volume One outlined the CEH's mandate and 
procedures and explained the causes and origins of the internal 
conflict, in which an estimated 200,000 persons disappeared or were 
killed. Volumes Two and Three listed the acts of violence and human 
rights abuses. Volume Four detailed the consequences and effects of the 
violence, and Volume Five offered conclusions and recommendations. 
Volumes Six through Twelve contained the case data collected and used 
by the Commission in its findings.
    Given the CEH's relatively weak mandate, most observers were 
surprised at the strength and breadth of the report's findings, 
conclusions, and recommendations. The report found that government 
forces (the army, military commissioners, paramilitary groups, and 
PAC's) were responsible for approximately 93 percent of all human 
rights abuses and acts of violence. The report also found the 
Government responsible for acts of genocide against the Mayan 
community, citing the coincidence of significant army deployments to 
those predominantly indigenous regions in which the vast majority of 
massacres were committed during the bloodiest period of the conflict, 
from June 1981 to December 1982. The report found that the guerrillas 
were responsible for about 3 percent of all abuses and acts of 
violence. Following publication of the report, human rights defenders 
reported being threatened, having their telephones tapped, and being 
followed; some left the country temporarily.
    Many observers were disappointed by the Arzu administration's 
ambivalent and legalistic response to the findings and recommendations 
of the CEH. Human rights groups continued to criticize the Government's 
refusal to create a foundation to follow up on the CEH's 
recommendations or to carry out far-reaching reforms of the military.
    MINUGUA maintained a staff of approximately 400 persons, with 
regional offices to monitor implementation of the human rights 
provisions of the Peace Accords and to strengthen democratic 
institutions. MINUGUA stated that the Government generally cooperated 
with its investigations but cited occasional isolated incidents in 
which government officials or institutions had obstructed its efforts.
    In July the Government hosted a visit by U.N. Special Rapporteur 
for Children's Issues Ofelia Calcetas-Santos, whose visit focused on 
child abuse, adoption, and other children's issues (see Section 5).
    In August the Government hosted a visit by U.N. Special Rapporteur 
on Justice Param Cumaraswamy, who met with government officials, 
diplomats, NGO's, and other civil society groups in a thorough review 
of the justice sector (see Section 1.e.).
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language or Social Status
    The Constitution states that all persons are free and equal in 
dignity and rights, and that the State must protect the life, liberty, 
justice, security, peace, and development of all citizens. However, in 
practice, the Government is frequently unable to enforce these 
provisions, due to inadequate resources, corruption, and a 
dysfunctional judicial system.
    Women.--Violence against women, including domestic violence, 
remains common among all social classes. The 1996 Law on Intrafamily 
Violence provided that the Public Ministry, the national police, family 
courts, legal clinics, and the PDH can receive complaints of domestic 
violence. Domestic violence is defined as ``whatever action or omission 
by direct or indirect manner causes damage, or physical, sexual, 
psychological, or patrimonial suffering'' to a person within the family 
group. The law provides for the issuance of restraining orders against 
alleged aggressors and obligates the national police to intervene in 
situations of domestic violence. The law allows a rapist to be 
exonerated when the victim agrees to marry the man, but the Public 
Ministry must also approve the marriage when the victim is below the 
age of 18.
    Victims rarely report criminal sexual violence, although the number 
of complaints of such offenses continues to increase significantly. PNC 
statistics showed 323 rapes during the year, compared to 220 in 1998 
and 167 in 1997. Many observers believe that this increase does not 
reflect an increase in the number of rapes committed, but reflects an 
increased willingness on the part of victims to come forward, greater 
public confidence in the PNC, and improved record keeping of crime 
statistics. Despite these advances, relatively few rape cases go to 
court, in large part because police have little training or 
investigative capacity for such crimes, and because many rape victims 
are still reluctant to report and prosecute such crimes. Unofficial 
statistics suggest that there were 80 convictions during the year for 
rape or related crimes, compared with 67 convictions in 1998.
    Complaints of spousal abuse continued to rise due, at least in 
part, to increased nationwide educational programs, which have 
encouraged women to seek assistance. In 1998 the PDH reported 
approximately 2,600 complaints of domestic violence nationwide. Judges 
may issue an injunction against an abusive spouse or companion, and the 
police are charged with enforcing such injunctions. The Women's Rights 
Department of the PDH and various NGO's provide medical and legal 
assistance and information on family planning. The Women's Rights 
Department drafted proposed regulations to implement the provision of 
the Law on Intrafamily Violence establishing a National Commission for 
the Prevention of Domestic Violence, but the regulations had not yet 
been adopted at year's end. In September the Arzu Government created 
the office of Ombudsman for Indigenous Women and appointed Juana 
Catinac Xom de Coyoy as its first Director. The office was created to 
provide social services for victims of intrafamily or social violence, 
as well as mediation, conflict resolution, and legal services, with the 
first branch offices to be opened in those areas where indigenous women 
suffered the most during the internal conflict.
    Sexual harassment in the workplace is common.
    The Constitution asserts the principle of equality between the 
sexes. Nonetheless, in practice, women face job discrimination, are 
less likely to win management positions, and on average receive 
significantly lower pay than men. Some women are subjected to 
preemployment pregnancy tests. Women are employed primarily in low-wage 
jobs in the textile industry, agriculture, retail businesses, and the 
public sector. More working women than men are employed in the informal 
sector of the economy, where pay and benefits are generally lower. 
Women may own, manage, and inherit property on an equal basis with men. 
During the year, Congress repealed the rarely enforced Civil Code 
article that enabled a husband to deny his wife the right to work 
outside the home, when, in his judgment, that would compromise her 
duties as housekeeper and mother. Congress also repealed the article 
that placed the husband in charge of administering the family's 
property, replacing it with one that puts both spouses on equal footing 
with regard to joint or individually owned property.
    The National Women's Forum, inaugurated in November 1997, continued 
to promote women's issues by participating in local and regional forums 
organized by political parties during the general election campaign. In 
addition, the Forum prepared a plan for development and women's issues, 
which is scheduled to be presented to the Government in January 2000. 
The Forum's suggestions for promoting the development of women were 
included in a cabinet-level document on that topic for the Arzu 
administration.
    Children.--The Constitution charges the Government with protecting 
the physical and mental health, as well as the moral well-being, of 
minors. However, despite these provisions, the Government in the past 
has not devoted sufficient resources to ensure adequate educational and 
health services for children. The Government budgeted approximately 
$296 million (2.25 billion quetzals) for education and approximately 
$163 million (1.24 billion quetzals) for health care, an increase over 
1998 levels.
    The Constitution provides for compulsory education for all children 
up to the sixth grade. However, less than half the population actually 
receives a primary education, and only 3 of 10 students that begin 
primary school complete it. Only one of eight girls who begin school 
graduate from sixth grade. According to the CALDH, between 50 and 57 
percent of children between the ages of 7 and 17 can be considered 
completely ``outside of the educational system.'' Public expenditure 
for education was equivalent to only 1.7 percent of GDP. Children in 
rural and indigenous areas are less likely to complete primary school.
    Approximately 2.3 million children between the ages of 5 and 12 
were enrolled in schools as of January; a 15 percent increase in 
enrollment from 1998, according to the Ministry of Education. The 
Ministry also reported that 2,841 communities now have access to 
educational services for the first time. There have been special 
initiatives to promote the education of girls, and about 46,000 girls 
received incentive scholarships from the Ministry of Education during 
the year.
    A recent United Nations Children's Fund report, titled ``Progress 
of the Nations,'' concluded that the country's children are at 
significant risk for infant mortality, abnormally low body weight, low 
school attendance, and AIDS. According to the study, 56 percent of 
rural children and 35 percent of urban children under age 5 show signs 
of underdeveloped growth. The PDH reported that 73 percent of children 
under 5 years of age suffer from malnutrition, and that 38 percent of 
elementary school-age children and 79 percent of secondary school-age 
children do not attend school.
    Most estimates indicate that reports of child abuse continue to 
increase. The Procuracy General reported 1,478 cases of child abuse 
during the year, compared to 1,172 cases in all of 1998.
    The abuse of street children (see Section 1.c.) remained a serious 
problem in major cities. Most credible estimates, including a May 
report by the Presidential Secretariat on Social Work and NGO's, put 
the number of street children at approximately 6,000, with the majority 
of these youths concentrated in Guatemala City. Criminals--reported to 
include private security guards and corrupt police or military 
personnel--often recruit these children into thievery or prostitution 
rings. According to Casa Alianza, drugs, prostitution, and gangs posed 
the greatest danger to this vulnerable group during the year. In 
contrast to previous years, most violence against street children was 
committed by individuals, private security guards, and other street 
children, not by police or other government forces, although there were 
two reports of abuse of street children by PNC officers (see Section 
1.c). The Government and a number of NGO's operate youth centers, but 
the funds devoted to them are not sufficient to alleviate the problem. 
The Government created a Permanent Commission for Children and Youth in 
1996 to investigate cases of mistreatment. Implementation of the new 
Minors' Code, which would offer greater legal protection to children, 
was deferred until March 1, 2000, due to strong political opposition 
from certain sectors. Opponents, including religious leaders, argued 
that the code derogated parental rights and threatened the integrity of 
the family.
    COPREDEH continued weekly meetings of the Permanent Commission for 
Children, composed of representatives from Casa Alianza and from the 
judicial and executive branches, with the aim of addressing the 
problems of street children. The Government continued its program to 
train instructors to educate civil society groups and the public about 
children's rights. The PDH reported that it investigated cases of 
sexual exploitation of children in Escuintla, Alta Verapaz, 
Huehuetenango, and San Marcos.
    The Ministry of Labor has noted an increase in child prostitution 
in the towns along the borders with Mexico and El Salvador. Along the 
border with El Salvador, many child prostitutes are brought into the 
country from El Salvador, Nicaragua, and Honduras by organized rings, 
who force the children into prostitution (see Section 6.f.).
    In July the Government hosted a visit by U.N. Special Rapporteur 
for Children's Issues Ofelia Calcetas-Santos, whose mandate included 
investigating matters such as child pornography and prostitution. 
Although her final report is not scheduled to be published until April 
2000, Calcetas called for a new adoption law to combat trafficking in 
children, increased efforts to reduce child abuse, and greater 
attention and resources to the physical, educational, and emotional 
needs of children.
    People with Disabilities.--The Constitution provides that the State 
should protect disabled persons. Nonetheless, physically disabled 
persons are discriminated against in education and employment 
practices, and few resources are devoted to combat this problem or to 
assist thedisabled. However, in 1996 Congress passed a law mandating 
equal access to public facilities, prohibiting discrimination based on 
disability, and providing other legal protections. The PDH is drafting 
proposed regulations to implement the provisions of the Law on 
Protection of the Elderly and the Law on Attention to Disabled Persons.
    The law defines a disabled person as one whose physical, mental, or 
emotional deficiencies limit performance of normal activities. It 
stipulates equal opportunity for disabled persons in health, education, 
work, recreation, sports, and cultural activities. It also provides 
that all disabled persons receive the benefits of labor laws, social 
security, and have the right to work. In addition, the law establishes 
equal education opportunities, the requirement that buildings meet 
access codes, and the right to equal pay. While implementation of the 
new law has been slow, a National Council for the Disabled, composed of 
representatives of concerned government ministries and agencies, met 
regularly to formulate regulations needed to implement the legislation.
    Indigenous People.--The Constitution states that the country is 
composed of diverse ethnic groups and obliges the Government to 
recognize, respect, and promote the lifestyles, customs, traditions, 
forms of social organization, and manner of dress of indigenous people. 
The Government is obliged to consult with its indigenous population 
before enacting any legislation that could affect it. In September the 
Arzu Government created the office of Ombudsman for Indigenous Women 
and appointed Juana Catinac Xom de Coyoy as its first Director.
    Indigenous people constitute over one-half the population but 
remain largely outside of the country's political, economic, social, 
and cultural mainstream. The 1994 census, the most recent, states that 
42.8 percent of the population are indigenous; however, most observers 
believe that this figure is low. There is no single indicator of 
indigenous status, and there are at least 22 separate indigenous ethnic 
groups. In addition to the indigenous Mayan groups, there is an 
indigenous Xinca community of some 6,000 persons. A separate minority 
group is the Garifuna, who are descendents of Africans brought to the 
Caribbean coast as laborers.
    Indigenous people were the most common victims of extrajudicial 
killings and other serious human rights abuses during the internal 
conflict. The commissions established to discuss the implementation of 
constitutional provisions relating to indigenous rights met during the 
year to formulate recommendations to the Government regarding 
protection of indigenous culture, languages, traditions, lands, and 
sacred sites. Indigenous people are organizing into interest groups to 
promote bilingual education, women's rights, and community development. 
The Government also is devoting increased resources to bilingual 
education. In April the Minister of Education stated that students at 
the Western National School of Commercial Sciences could wear 
traditional dress; the school had attempted to expel two students who 
refused to wear the school uniform.
    Rural indigenous people have limited educational opportunities and 
thus have fewer employment opportunities. Many indigenous people are 
illiterate or do not speak Spanish. Linguistic barriers hinder 
interaction with the Government and limit access to public services, 
including the judiciary, since few current officials speak any of the 
24 indigenous languages. In 1998 the Indigenous Languages 
Officialization Commission issued a report, in which it recommended 
that a variety of public services be provided in the four most widely 
spoken indigenous languages (Kiche, Qeqchi, Mam, and Kaqchikel), with a 
lesser degree of services provided in less widely spoken indigenous 
languages.
    Indigenous people arrested for crimes are often at a disadvantage 
due to their limited comprehension of Spanish. The Criminal Procedures 
Code states that the courts must provide interpretation for anyone 
requiring such services during criminal proceedings. There are 67 
interpreters at all levels of the legal system, from the police to the 
formal courts, to assure non-Spanish speakers the means to bring 
complaints, resolve conflicts, and provide testimony. Interpreters are 
concentrated in former conflict areas of the country; more interpreters 
were in training. In January 1998, several community courts were 
created in primarily indigenous, rural areas to decentralize justice 
and incorporate customary Mayan law for minor offenses. The University 
of San Carlos offers a postgraduate degree in indigenous customary law. 
Judges, prosecutors, public defenders, judicial translators, and others 
already have received the degree, which emphasizes criminal law and 
human rights.
    In May the movement for greater indigenous rights suffered a major 
setback when the constitutional reform packages were defeated. These 
reforms would have expanded and solidified a number of rights for the 
indigenous community, in accordance with both the Constitution and the 
Peace Accords. Observers attributed much of the success of the informal 
antireformcampaign to misplaced or exaggerated fears that the reforms 
would grant too much power to indigenous groups and create a separate 
and privileged justice system for them.
    Several indigenous leaders disappeared or were killed during the 
year. On May 18, unknown assailants abducted and killed Tomas Tol 
Salvador, an activist for the Council of Ethnic Communities and an FDNG 
leader, in Quiche (see Section 1.a.). On April 30, prominent indigenous 
leader and FDNG party member Carlos Coc Rax disappeared while crossing 
Lake Izabal on a boat from the town of El Estor (see Section 1.b.). On 
July 27, unidentified assailants shot and killed Mayan priest Raul Coc 
Choc at his home in the department of Chimaltenango (see Section 1.a.).
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and the Labor Code 
provide workers with freedom of association and the right to form and 
join trade unions. The Government does not control unions. Major 
reforms to the Labor Code in 1992 mandated steps to improve worker 
rights by facilitating freedom of association, strengthening the rights 
of working women, increasing penalties for violations of labor laws, 
and enhancing the role of the Labor Ministry and labor courts in 
enforcing the statutes. All workers have the right to form or join 
unions, including public sector employees, with the exception of 
members of the security forces.
    The Labor Code envisions a well-articulated institutional structure 
for enforcement. However, in practice the poverty of the populace, the 
legacy of violent repression of labor activists during the internal 
conflict, the deep-seated hostility of the business and military 
establishment towards independent and self-governing labor 
organizations, and the weakness of the labor inspectors and labor court 
system constrain the exercise of worker rights and limit enforcement of 
labor standards. In its Fourth Report on the Peace Process, MINUGUA 
noted that ``genuine trade union freedom does not exist'' due to 
antiunion violence.
    Only 2 percent of the 3.5 million person work force belong to labor 
organizations, according to the Labor Ministry. The approximately 1,300 
registered unions and 400 company-sponsored ``solidarity 
organizations'' are independent of government and political party 
domination. Labor code amendments have simplified the process for 
unions to obtain legal status. The Minister of Labor further revised 
the administrative process in 1996, reducing the number of steps within 
the Ministry for consideration of union applications and establishing 
strict timetables; the time for the procedure was reduced to 20 days 
from 60. The Labor Ministry also has initiated a program to assist 
unions with their applications, and the Minister has warned officials 
that noncompliance with the timetable could lead to dismissal of those 
responsible for the delay. These new regulations have accelerated the 
approval procedure and largely eliminated the backlog of union 
applications. The Labor Ministry granted legal status to 25 unions 
during the year.
    On October 13, a group of men, many of them armed, took control of 
the union hall of the SITRABI banana workers union in the town of 
Morales, Izabal. There are credible reports that leaders of the 
vigilante group repeatedly threatened to kill some of the union 
leaders. During the incident, which lasted over 8 hours into the 
morning of October 14, at least a dozen rank-and-file unionists 
reportedly were held for much of that time on the bus in which they had 
come to the union hall. There are several credible reports that armed 
men forcibly entered the home of one of the union leaders and made him 
go with them to the union hall. Various union leaders and rank-and-file 
members were shoved and struck. Union leaders were forced to sign 
letters of resignation from their positions in the union and from their 
jobs. The Ministry of Labor immediately declared these coerced 
resignations to be invalid. MINUGUA's report on the incident called it 
``one of the most serious violations of human rights since the signing 
of the Peace Accords.'' Following their investigation of the incident, 
Public Ministry prosecutors sought indictments against 12 individuals 
on charges of abduction, illegal detention, intimidation, and coercion.
    Workers have the right to strike, but labor code procedures for 
having a strike recognized as legal are cumbersome. Labor organizers 
criticize the requirement that two-thirds of the work force must 
approve a vote to strike, the prohibition of strikes by agricultural 
workers at harvest time, and the right of the Government to prohibit 
strikes that it considers seriously harmful to the national economy. In 
1996 Congress approved a law that further restricted the right to 
strike for workers employed in essential public services, including 
urban and interurban transport, mail, and telegraph. Unions strongly 
opposed the law, and some members of Congress called the measure 
unconstitutional and contrary to commitments to the International Labor 
Organization. However, the Constitutional Court declared it 
constitutional in 1997. This essential services strike legislation 
gives the State the authority to intervene forcefullyshould strikes 
threaten the orderly functioning of society. Employers may suspend 
workers or fire them for absence without leave if the authorities have 
not approved their strike legally. The strike regulation law calls for 
binding arbitration if an impasse has been reached after 30 days of 
negotiation.
    Although the public sector historically has been the scene of 
frequent strikes, almost always called without legal authorization, 
there were no public sector strikes during the year. However, prison 
guards reportedly threatened to strike during the year, but chose not 
to do so after the authorities pledged to improve working conditions. 
In 1998 the Government declared illegal a 1996 strike by judicial 
workers. In September the judiciary fired about 500 of these workers, 
ostensibly for having participated in this illegal 1996 strike. Unions 
and human rights organizations questioned the methodology used by the 
magistrates in charge of the court system to select employees for 
dismissal, alleging that the dismissals were politically motivated. The 
Congress established a commission to review the cases of those who were 
dismissed. In October the CSJ reinstated about 125 persons (see Section 
1.e.).
    The law protects workers from retribution for forming and 
participating in trade union activities, but enforcement of these 
provisions is inconsistent. While an increasing number of employers 
accept unionization, many routinely seek to circumvent labor code 
provisions in order to resist union activities, which they view as 
disruptive and as a challenge to their full control of the workplace. 
An ineffective legal system and inadequate penalties for violations 
have hindered enforcement of the right to form unions and participate 
in trade union activities. Although the Labor Code provides that 
workers illegally fired for union activity should be reinstated within 
24 hours, in practice employers often file a series of appeals, or 
simply defy judicial orders of reinstatement. Penalties for defying 
such orders were increased somewhat in the 1992 labor code reform and 
again in Decree 35-98, which went into effect in June 1998.
    Trade union leaders and members generally did not suffer labor-
related violence; however, there were a few notable exceptions during 
the year. There has been little progress in the investigation of the 
January 12 killing of Robinson Morales Canales, who had been the 
executive secretary of the Zacapa municipal workers union during a 
long-running labor conflict with the mayor of the town (see Section 
1.a.). There have been no arrests in the case of Hugo Duarte Cardon, 
another member of the Zacapa municipal workers union, who was killed in 
July 1998. Most of the investigations into previous years' cases of 
violence against, including the murder of, various labor leaders appear 
to have been suspended.
    An active ``solidarity'' movement claims approximately 170,000 
members in about 400 companies. Unions may operate legally in 
workplaces that have solidarity associations, and workers have the 
right to choose between the two or to belong to both. The Government 
views these associations as civic organizations that need not interfere 
with the functioning of trade unions. The amended Labor Code stipulates 
very clearly that trade unions have an exclusive right to bargain 
collectively on work conditions on behalf of workers. However, unions 
charge that management promotes solidarity associations to avoid the 
formation of trade unions or to compete with existing labor unions. 
There were credible reports that some of these associations did not 
always adhere to democratic principles in their formation and 
management, and that workers are unable to participate fully and freely 
in decisionmaking. Similar credible charges were made against some 
trade unions.
    At the request of trade union leaders, the Human Rights Ombudsman's 
office for economic and social issues receives complaints related to 
trade union activities. Union leaders and workers filed over 100 
complaints with the PDH during the year, and the Ombudsman has made 
public statements about labor conditions in various sectors of the 
economy. The PDH can investigate union complaints and issue a 
statement, but the office has no enforcement powers beyond attempting 
to ameliorate the situation through publicity and moral persuasion.
    Unions may and do form federations and confederations and affiliate 
with international organizations.
    b. The Right to Organize and Bargain Collectively.--Workers have 
the right to organize and bargain collectively; however, the practice 
of collective bargaining is limited by the weakness of the union 
movement, the requirement that 25 percent of the workers in a factory 
or business must be union members in order for collective bargaining to 
take place, the lack of experience with collective bargaining, and 
management's aversion to negotiating formally with worker 
organizations. While both management and the unions honored some well-
written collective contracts, in other instances both parties openly 
ignored and violated contracts. Most workers, even those organized by 
trade unions, do not have collective contracts to cover their wages 
andworking conditions but do have individual contracts as required by 
law. Most workers receive the minimum wages established by tripartite 
commissions, which operate under the guidance of the Ministry of Labor.
    Employers legally cannot dismiss workers for helping to form a 
trade union; workers file complaints in this regard with the labor 
inspectors for resolution. The Labor Code provides for the right of 
employers to fire union workers for cause, permits workers to appeal 
their dismissal to the labor courts, and requires the reinstatement 
within 24 hours of any union worker fired without cause. The revised 
code prohibits employers from firing workers for union organizing and 
protects them for 60 days following the official publication of 
approval of the union. It also prohibits employers from firing any 
member of the executive committee of a union and protects them for an 
additional 12 months after they are no longer on the executive 
committee. An employer may fire a member of the union's executive 
committee for cause only after a trial and issuance of a court 
resolution.
    Despite governmental, bilateral, and multilateral efforts to 
improve them, the labor courts remain ineffective. However, efforts to 
restructure and modernize the labor court system continue. There are 20 
labor courts, including 7 in the capital and 13 elsewhere around the 
country. An additional nine courts deal with labor issues as part of 
their jurisdiction. The weakness of the judicial system as a whole, the 
severe shortage of competent judges and staff, and a heavy backlog of 
undecided cases all contribute to the labor courts' lack of credibility 
and enforcement ability. The small number of competent and motivated 
labor inspectors and the lack of training and resources devoted to 
detecting and investigating labor code violations compound the weakness 
of the labor courts. However, government efforts to improve the labor 
inspection system also continue. The Ministry of Labor increased its 
rate of inspections and fired some incompetent or corrupt inspectors. 
Ministry figures show that over 2,000 inspections or investigations of 
complaints were conducted by August. The Ministry continued a review of 
inspections at farms and plantations in rural areas and cited those 
employers who were paying less than the minimum wage.
    The Ministry of Labor has reorganized its labor inspection system 
to permit some complaints to be heard at the Ministry of Labor rather 
than requiring that inspectors travel to each work site. The Ministry 
increased the number of court cases filed for failure to comply with 
the Labor Code and continued an educational campaign on worker rights 
(especially the rights of minors and women), including providing some 
documents in indigenous languages. In an effort to improve enforcement 
of the Labor Code outside the capital, the Ministry of Labor continued 
to decentralize its operations. Eight of the Ministry's 24 branch 
offices outside the capital were accorded regional authority, and their 
resources increased accordingly.
    Labor laws and regulations apply throughout the country, including 
in the few export processing zones (EPZ's). The laws governing the 
EPZ's are not discriminatory on the subject of organizing trade unions 
or collective bargaining. Union leaders often blame employer pressures 
and their unofficially restricted access to the EPZ's for their 
inability to organize workers in these zones. While labor standards in 
the EPZ's are no different from those found outside the zones, actual 
working conditions are often better.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
bars forced or compulsory labor, and the practice does not exist. The 
law does not specifically prohibit forced or bonded labor by children, 
but they are covered by the general statute. Forced or bonded labor by 
children generally did not occur; however, there were reports that 
children were trafficked for the purpose of prostitution (see Sections 
5 and 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution bars employment of minors under the age 
of 14 without written permission from the Ministry of Labor. However, 
children below this age regularly are employed in the informal and 
agricultural sectors, usually in small family enterprises. The law 
prohibits minors from night work and extra hours (the legal workday for 
minors under the age of 14 is 6 hours; for minors 14 to 17 years of 
age, it is 7 hours), from working in establishments where alcoholic 
beverages are served, or from working in unhealthy or dangerous 
conditions. However, between 3,000 and 5,000 children commonly are 
employed in the illegal cottage-based fireworks industry. The Labor 
Ministry believes that approximately 10 percent of the children in this 
industry work illegally in factories, while younger children, under the 
age of 14, typically work at home on piecework taken in by their 
families. Laws governing the employment of minors are not enforced 
effectively, due to the shortage of qualified labor inspectors and the 
weakness of the labor court system. TheAssociation for Girls and Boys 
in Central America (PRONICE) estimates that approximately 2 million 
children work. The majority of child laborers work in agriculture 
(family farms, coffee, and sugar cane harvesting), while others work in 
domestic service, construction, various family businesses, stone 
quarrying, fireworks manufacturing, or other jobs. Children below the 
age of 14 years are not allowed to work without written permission from 
the Ministry of Labor. There are fewer than 5,000 such permits in 
effect, the majority of them for work in the in-bond processing for 
export, or maquila, sector. The Ministry of Labor is engaged actively 
in reducing the number of these permits and issued less than 1,500 for 
the year. However, many children under the age of 14 work without legal 
permission and are open to exploitation. They generally receive no 
social benefits, social insurance, vacations, or severance pay, and 
earn below-minimum salaries.
    The Labor Ministry has a program to educate minors, their parents, 
and employers on the rights of minors in the labor market. In 1992 the 
Government formed the Child Worker Protection Unit within the Ministry 
of Labor. Implementation of the 1997 Children's and Minor's Code has 
been delayed because of political controversy over its provisions. 
Economic necessity forces most families to have their children seek 
some type of employment to supplement family income, especially in 
rural and indigenous communities. Children who work generally do so in 
family enterprises. Education is compulsory for all children up to the 
sixth grade. The law does not prohibit specifically forced or bonded 
labor by children, but it generally did not occur (see Section 6.c.).
    e. Acceptable Conditions of Work.--Although the law sets minimum 
wages, the legally mandated minimum wage for most unskilled and 
semiskilled workers is not always paid. A tripartite committee 
representing labor and management in specific economic sectors and 
overseen by the Ministry of Labor, is named each year to make 
recommendations for increases in the minimum wage. In the event that 
agreement is not possible, the Government may decree such increases. 
President Arzu implemented the most recent minimum wage increase by 
decree, after the commission was unable to reach a consensus, and it 
took effect on February 1. The basic rate is $2.53 (19.71 quetzals) for 
industrial workers for an 8-hour workday, including a required hourly 
bonus, and is $2.29 (17.86 quetzals) per day plus mandatory 
productivity bonuses for agricultural workers. The minimum wage is not 
sufficient to provide a decent standard of living for a worker and 
family. According to the United Nations Development Program, at least 
80 percent of the population lives below the poverty line, including 
approximately 60 percent of those employed.
    The legal workday is 8 hours, and the workweek is 44 hours, but a 
tradition of longer hours remains in place due to economic conditions. 
The amended Labor Code requires a weekly paid rest period of at least 
24 hours. Trade union leaders and human rights groups charge that 
workers sometimes are forced to work overtime, often without premium 
pay, in order to meet work requirements. Labor inspectors report 
uncovering numerous instances of such abuses, but the lack of stiff 
fines or strong regulatory sanctions, as well as inefficiencies in the 
labor court system, inhibit adequate enforcement of the law.
    Occupational health and safety standards are inadequate. As with 
other aspects of the labor law, enforcement of standards that do exist 
also is inadequate. When serious or fatal industrial accidents occur, 
the authorities generally take no legal steps against those 
responsible. The Labor Ministry provides training courses for labor 
inspectors in health and safety standards but does not accord them a 
high priority due to scarce resources. The Government does not enforce 
effectively legislation requiring companies with more than 50 employees 
to provide on-site medical facilities for their workers, although most 
large employers provide such facilities. Workers have the legal right 
to remove themselves from dangerous workplace situations, and the law 
provides them with protection for their continued employment. However, 
few workers are willing to jeopardize their jobs by complaining about 
unsafe working conditions.
    f. Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons; however, various laws could be used to 
prosecute traffickers. On January 23, a new immigration law came into 
effect, which makes alien smuggling a crime punishable by imprisonment. 
Prostitution is not illegal; there are certain health code requirements 
for persons engaging in prostitution. Pimping and inducing a person 
into prostitution are crimes that can result in either fines or 
imprisonment, with heavier penalties if minors are involved. 
Trafficking in women and children, primarily for the purpose of 
prostitution, is a growing problem.
    The country is a significant transit country for alien smuggling, 
both from neighboring Latin American countries and from China, Taiwan, 
and south Asia, aliens often are smuggled to the United States. 
Traffickers use force, coercion, fraud, and deception. In one instance, 
Chinese male victims apparently agreed to debt bondage to pay off their 
transportation costs, while female victims, some of whom were under age 
18, apparently were being taken to the United States to work as 
prostitutes. The victims were told that their families in China would 
suffer if they broke the debt bondage agreement.
    Two government agencies regularly investigate cases of 
trafficking--the Defense of Children's Rights unit in the PDH, and the 
Minors' Section of the Public Ministry. There are no programs 
specifically designed to provide shelter or rehabilitation to victims 
of trafficking.
    The Ministry of Labor has noted an increase in child prostitution 
in the towns along the borders with Mexico and El Salvador. Along the 
border with El Salvador, many child prostitutes are brought into the 
country from El Salvador, Nicaragua, and Honduras by organized rings, 
who force the children into prostitution (see Section 5).
                                 ______
                                 

                                 GUYANA

    The Co-operative Republic of Guyana is a small nation making a slow 
transition to democracy. It has a multiparty political system based on 
proportional representation. Citizens directly elect an executive 
president and indirectly elect a 65-member unicameral parliament. The 
President appoints a prime minister and a cabinet. In December 1997, 
citizens voted in free, fair, and nonviolent national elections to 
return the People's Progressive Party (PPP) and its Civic (C) partner 
to office and elected Janet Jagan, widow of the late President Cheddi 
Jagan, as president. Social unrest and occasional violence marred the 
postelection period, with the People's National Congress (PNC), the 
main opposition party, alleging that the elections were fraudulent. 
International observers considered that these charges were unfounded. 
Nonetheless, as part of a Caribbean Community brokered truce between 
the two parties, the PPP/C alliance agreed to shorten its 
constitutionally mandated 5-year term to 3 years. In August President 
Jagan resigned due to health reasons. She was succeeded by Finance 
Minister Bharrat Jagdeo. The judiciary, although constitutionally 
independent, is inefficient and often appears subject to government 
influence.
    The Guyana Defence Force (GDF) and the Guyana Police Force (GPF) 
are under civilian control. The GPF has the authority to make arrests 
and maintains law and order throughout the country. The GDF is a 
professional military responsible for national defense, internal 
security, and emergency response. Although the President deployed the 
GDF to assist the GPF during periods of civil unrest in 1998, this did 
not take place in 1999. Members of the police continued to commit human 
rights abuses.
    Guyana is a very poor country. The economy, which for years was 
centrally planned and controlled, is based on a mix of private and 
state enterprises. Rice, sugar, bauxite, and gold are the major 
exports. Annual economic growth had averaged more than 6 percent from 
1993 through 1997. However, in 1998 the growth rate declined 1.8 
percent, hurt by poor weather and by an unstable business climate 
brought about by political unrest. Growth in 1999 was 2.3 percent. The 
agricultural sector brings in a large portion of the nation's annual 
foreign exchange earnings, and the slowdown has hurt the Government's 
ability to service its high external debt. Per capita gross domestic 
product is estimated at $808, and over half the population lives in 
poverty. There are severe shortages of skilled labor and the economy is 
constrained by an inadequate and poorly maintained infrastructure for 
transportation, power distribution, flood control, and communications.
    There continued to be serious problems in the Government's human 
rights record, although it improved slightly in a few areas. The police 
continued to commit extrajudicial killings; however, they committed 
fewer such killings than in the previous year, and police abuse of 
suspects also declined. The authorities took some steps to investigate 
these abuses more effectively and brought charges against some 
individual policemen accused of killings. However, in general the 
police continued to commit abuses with impunity. Prison conditions are 
poor, and lengthy pretrial detention is a problem. The inefficient 
judicial system results in long delays in trials. Police infringed on 
citizens' privacy rights. Members of both major political parties 
engaged in propaganda attacks that exacerbated racial tensions and 
social insecurity. Other human rights problems included violence 
against women and children, societal discrimination against women and 
indigenous Amerindians, and incidents of discrimination stemming from 
the racial tensions between Indo-Guyanese and Afro-Guyanese.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--The police committed 
extrajudicial killings, although fewer than in previous years. The 
Guyana Human Rights Association (GHRA) reported that police killed 9 
civilians during the year, compared with 11 in 1998 and 27 in 1997. In 
seven cases, the police shot the victims while attempting to arrest 
them or while a crime was being committed.
    On October 22, a police officer shot Fazal Narine in the chest in 
front of his wife and children; he later died. The police had detained 
Narine at the Enmore police outpost after his wife had complained about 
his abusive behavior. Although the police claimed that Narine had died 
in a scuffle his relatives stated that he was drunk and unarmed. At 
year's end, the Director of Public Prosecutions was investigating 
Narine's death. TheWorking People's Alliance called for an 
investigation of the Narine case due to concern that abused women might 
be reluctant to report their problems to police in light of Narine's 
death in custody.
    On November 14, 8 to 10 police reportedly opened fire in the home 
of Colin McGregor, killing him. The opposition PNC cited this killing 
as an example of police brutality and called for the Government to 
establish a commission to investigate what the PNC termed 
``widespread'' extrajudicial killings since 1993 by members of the 
police force.
    A judicial inquiry into the controversial fatal shooting by police 
in 1998 of Victor ``Junior'' Bourne began in late 1998, with several 
witnesses giving testimony. Pathologist Dr. Leslie Mootoo testified, 
consistent with official reports, that the deceased fired a gun before 
his death. However, 17-year-old Shemrick Raulston Nedd, who lived in 
the same house at the time of the incident, contended that while 
peering through a hole in the wall he saw senior superintendent Stephan 
Merai and superintendent Leon Fraser shoot Bourne while he lay asleep. 
On January 6, all documents required to prosecute Merai and Fraser 
disappeared from the responsible magistrate's office.
    No further progress was made toward resolving the 1997 case of Adam 
Hescott, an escaped prisoner whom police shot and killed. The GPF's 
standing orders officially permit the use of firearms only when other 
means have been exhausted. However, many justice authorities and human 
rights activists say that because of rising crime and pressure from 
urban businesses, which are often the targets of criminals, the 
Government has taken a lax attitude toward investigation of alleged 
police abuses. In general, police abuses are committed with impunity. 
The Police Complaints Authority (PCA) is required to transmit all 
complaints to the Police Commissioner. The PCA was established in 1989 
and is composed of five members who investigate complaints against 
police officers. Most members are themselves members of the criminal 
justice system; thus, the PCA is not truly independent, contrary to the 
statute that created the PCA. The PCA received 45 complaints during the 
year, completed investigation of 31 of them, and sent them to the 
Police Commissioner for action. However, the PCA has not submitted an 
annual report since 1995. Even when police officers do face charges, 
most of the cases are heard by lower magistrate courts, where other 
specially trained police officers serve as the prosecutors. As a 
result, human rights activists question officers' commitment to 
prosecuting their own colleagues.
    In response to the growing number of complaints against the police, 
the police established the Office of Professional Responsibility (OPR) 
in 1997. The OPR received 99 complaints that resulted in criminal and 
departmental charges brought against 40 police officers related to 78 
of the complaints At year's end, the OPR continued to investigate 35 
reports of alleged misconduct.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    In March police arrested and detained Franz Britton. Although the 
police claimed to have released Britton, his relatives said that they 
had not seen him since his detention.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture; however, police 
continued to abuse suspects, although to a lesser degree than in the 
previous year. For example, a Trades Union Congress executive called 
for an investigation of the beating of Esther Grant on March 22. Police 
were videotaped beating her in front of her children. From 1995 to 
1997, the GHRA received an average of 20 complaints per year from 
victims who had been beaten by police while in custody. In 1998 the 
GHRA reported a significant drop in direct complaints against police. 
This trend continued in 1999. However, inmates, attorneys, and judicial 
authorities provided credible evidence that police and correctional 
officers frequently ignored the actions of other inmates who beat, 
robbed, or otherwise mistreated ``problematic'' prisoners.
    There were 23 persons injured as a result of nonlethal police 
shootings through September.
    Violence accompanied several large public protests and strikes 
during the year. In March there was a report that police beat a member 
of the press and a group of strikers. Also in March, supporters of PNC 
leader Desmond Hoyte set fire to a movietheater to protest an alleged 
attempt to assassinate Hoyte. In April public service strikers, to 
protest the fact that some health care workers had not joined their 
strike, invaded the hospital in Georgetown, beat medical personnel, and 
prevented seriously ill patients from entering the hospital. According 
to the GHRA, one person reportedly died during this attack when unable 
to receive medical treatment. On May 18, the police injured 17 persons 
when they fired pellets into a crowd of 200 striking workers (see 
Section 2.a.). Police fired shots, tear gas, and pellets at strikers 
and demonstrators on several occasions during the 7-week-long strike. 
The press reported that strikers and demonstrators threw grenades into 
a business and local newspaper headquarters during demonstrations, as 
well as vandalizing several other businesses. Police also reported 
several bomb threats to public buildings (see Sections 2.b. and 6.a.). 
In July the President established a commission of inquiry to examine 
police misconduct during the strike. The commission had not completed 
its work by year's end.
    No progress was made on the torture case of Mark Brown, who accused 
police of torturing him by applying acid to his body in 1998.
    Prison conditions are poor, especially in police holding cells. 
Georgetown's Camp Street Prison, the country's largest, is extremely 
overcrowded. For most of the year, Camp Street held between 900 and 
1,100 prisoners in space initially designed to hold 350. Conditions in 
the country's four smaller prisons generally are adequate. The only 
women's prison is at New Amsterdam, in a facility that holds men and 
women in separate dormitory-type buildings. In 1997 when the Director 
of Prisons reported that a prisoner had died in part due to 
overcrowding at the Camp Street Prison, the Government responded by 
assigning more full-time nurse practitioners and pharmacists to the 
prison system and by requiring that doctors visit prisons more 
regularly. Prison directors and inmates reported that over the course 
of the year, medical coverage improved. The authorities reported no 
deaths related to prison conditions during the year. However, the GHRA 
still questioned the Government's commitment and continued to push it 
to improve health care in the prison system.
    In addition to overcrowding and a lack of medical personnel, poor 
staff morale is a serious problem within the prison system. Prison 
staffers are poorly paid and their salaries and benefits are 
insufficient to compensate for the on-the-job risks. Prison officials 
lobbied the Government for increased funding to improve prison 
conditions. Prison officials also encouraged efforts by local and 
international nongovernmental organizations (NGO's) to improve physical 
and sanitary conditions.
    Although sanitary and medical conditions in police station 
temporary holding facilities vary, in almost all cases these conditions 
are worse than those in the prisons. Some such jails are bare, 
overcrowded, and damp. Few have beds, washbasins, furniture, or 
utensils. Meals are normally unavailable; friends and relatives must 
bring detainees food and water. Cells rarely have sanitary facilities, 
and inmates sometimes are escorted by staff members outside the cells 
to use holes in the floor for toilets. Inmates generally sleep on a 
thin pallet on the concrete floor. Conditions in the East La Penitence 
police jail, where female prisoners are held until sentencing, are 
below the standard of the other jails and prisons in the country. The 
Brickdam lock-up in Georgetown has poor sanitation and dangerous 
conditions. One cell without plumbing or other facilities typically 
holds up to 30 detainees and is often the site of violence between 
inmates. Although precinct jails are intended to serve only as pretrial 
holding areas, some suspects have been detained there as long as 4 
years, waiting for the overburdened judicial system to take action on 
their cases.
    In one case reported by the GHRA and the United Nations Children's 
Fund (UNICEF) two boys, ages 8 and 11, were detained in one of these 
dangerous jails for several months. A GHRA investigation determined 
that older inmates had burned the 8-year-old with lighted cigarettes 
and otherwise mistreated him. In December the media discovered that a 
9-year-old boy was being held in Brickdam prison and alleged that other 
prisoners had abused him sexually. However, the police stated that the 
boy denied to his mother that he had been molested and that there was 
no evidence to support the media's claims. In December following these 
reports, the Home Affairs Minister announced that all juvenile 
offenders would be housed in a separate facility and that Brickdam 
prison would eventually be closed. The Minister also announced that the 
Government would build a new house of detention for the women held at 
East La Penitence prison.
    Prison officials were receptive to local and international NGO 
requests to enter and inspect prison facilities. The GHRA participates 
as a member of the prisons' visiting committee, which investigates 
prisoner complaints, inspects diets, reviews primary medical care 
services, and provides recommendations to prison authorities.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
provides that no person may be deprived of personal liberty except as 
authorized by law and requires judicial determination of the legality 
of detention, a mandate that the authorities generally respected in 
practice.
    Arrest does not require a warrant issued by a court official. 
Police may arrest without a warrant when an officer witnesses a crime 
or at the officer's discretion in instances where there is good cause 
to suspect that a crime or a breach of the peace has been or will be 
committed. The law requires that a person arrested and held for more 
than 24 hours be brought before a court to be charged. Bail is 
generally available, except in capital offense cases. In narcotics 
cases, magistrates have limited discretion in granting bail before 
trial but must remand persons convicted on narcotics crimes into 
custody, even if an appeal is pending.
    Lengthy pretrial detention remains a problem. The GHRA has asserted 
that prisoners often are detained for 3 or 4 years while awaiting 
trial; however, the authorities denied that delays were this long.
    The Constitution prohibit forced exile, and it is not used.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, law enforcement officials and prominent 
lawyers questioned the independence of the judiciary and accused the 
Government of intervening in certain criminal and civil cases. There 
are no institutional checks on the President or the ruling party when 
they seek to influence judges. However, the Government generally 
respects the independence of the judiciary in human rights cases.
    The court system is composed of a High Court (the Supreme Court of 
Judicature), an appeals court, and a system of magistrate courts.
    Magistrates are members of the civil service and are trained 
lawyers. The magistrate courts deal with both criminal and civil 
matters. The Ministry of Legal Affairs headed by the Attorney General 
is the principal legal advisor to the State. The Director of Public 
Prosecution is statutorily independent and can file legal charges 
against offenders. The Constitution provides that anyone charged with a 
criminal offense has the right to a hearing by a court of law. This 
right is respected in practice.
    Delays in judicial proceedings are caused by shortages of trained 
court personnel and magistrates, inadequate resources, postponements at 
the request of the defense or prosecution, occasional alleged acts of 
bribery, and the slowness of police in preparing cases for trial. The 
inefficiency of the judicial system is so great as to undermine due 
process. Lengthy pretrial detention remains a problem (see Section 
1.d.). Defendants are granted public trials, and appeal may be made to 
higher courts. Appeals of some murder cases may go on for several 
years. Trial postponements are granted routinely to both the defense 
and the prosecution. However, programs designed to improve legal 
structures, reform judicial procedures, upgrade technical capabilities, 
and improve efficiency of the courts are having an effect.
    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. There is no public defender system. The 
Georgetown Legal Aid Clinic, with public and private support, provides 
advice to persons who cannot afford a lawyer, with a special interest 
in cases of violence against women and criminal cases related to civil 
cases in such matters (e.g., assault as part of a divorce case). 
Defendants in murder cases who need a lawyer are assigned an attorney 
by the court. The Guyana Association of Women Lawyers provides free 
legal services for civil cases only.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for these rights; however, 
the authorities often infringed on citizens' privacy. Law enforcement 
officials must obtain warrants before searching private homes or 
properties. Although the authorities generally respected these 
requirements, there were numerous reports of police officers searching 
homes without warrants, particularly in neighborhoods where narcotics 
trafficking is a problem.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects these rights in practice. Citizens openly criticize the 
Government and its policies.
    The independent Stabroek News continued to publish daily, and a 
wide range of religious groups, political parties, and journalists 
publish a lively variety of privately owned weekly newspapers. The 
Government's daily newspaper, the Guyana Chronicle, covers a broad 
spectrum of political and nongovernmental groups. However, throughout 
the year the Chronicle typically displayed a clear antiopposition bias.
    While printed media flourished, a growing number of journalists 
charged the Government with failure to respect freedom of the 
electronic media. The Government owns and operates the country's three 
radio stations. There are no private radio stations, and private 
interests continued to allege that the Government either denied or 
failed to respond to more than 20 requests for radio frequency 
authorizations. The Government maintained that it is unable to grant 
frequencies to private stations because there is no legislation 
governing their allocation. However, despite a similar lack of 
legislation to govern television frequencies, there were 17 independent 
television stations in addition to the government station.
    The Ministry of Information, which previously censored the Internet 
and restricted public access to a variety of sites, lifted these 
restrictions in January.
    In May during civil unrest associated with the civil service 
strike, a television cameraman alleged that the police beat him and 
members of a group of strikers who were blocking a wharf.
    The Government respects academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally respects 
this right. The Public Order Act requires police permits for mass 
political meetings. The Police Commissioner has the authority to refuse 
permission for a public meeting if he believes that it may provoke a 
breach of the peace. In cases of refusal, applicants can appeal to the 
Minister of Home Affairs, whose decision on the matter is final. After 
obtaining authorization, which is generally granted, political parties 
and other groups held public meetings and rallies throughout the 
country without hindrance.
    For several days in March, street protests and isolated incidents 
of violence erupted in Georgetown, following a rally at which PNC 
leader Hoyte announced that his party would resume a campaign of 
antigovernment civil unrest. PNC supporters smashed shop windows, 
looted, and beat persons who were primarily Indo-Guyanese (see Section 
5). The Government did not respond forcefully to these incidents.
    During a 7-week civil service strike that began in April, the 
police generally exercised restraint, except on several occasions when 
they fired tear gas and pellets at strikers and demonstrators. For 
example, on May 17 police injured 17 strikers when they fired pellets 
into a crowd see Sections 1.c. and 6.a.).
    The Constitution provides for freedom of association, and the 
Government generally respects this right.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement within the country, and the Government generally respects this 
right in practice. 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 regard to the formality of 
a permit. Citizens are free to travel abroad, to emigrate, and to 
return.
    The Government cooperates with the office of the United Nations 
High Commissioner for Refugees (UNHCR) and other humanitarian 
organizations in assisting refugees. The Government does not have a 
fixed policy on refugees or asylum but is studying draft model 
legislation prepared by the UNHCR. The issue of provision of first 
asylum did not arise.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change their Government
    Citizens enjoy this right and exercised it in free, fair, and 
nonviolent elections held in December 1997, which were nonetheless 
protested by the opposition. There is a multiparty political system 
based on proportional representation. Voters directly elect the 
President to a 5-year term of office, but indirectly elect the 
unicameral Parliament. Any citizen 18 years or older can register to 
vote. As a result of opposition complaints of fraud (that international 
observers considered unfounded) following the December 1997 
presidential elections, the ruling party entered an agreement brokered 
by officials from other Caribbean Community nations to hold new 
elections after 3 years instead of 5 years as required by the 
Constitution. Accordingly, the next presidential and legislative 
elections are expected to be held in January 2001.
    The presidential candidate who wins a plurality of the popular vote 
also obtains a percentage of seats in Parliament equal to the 
percentage of the popular vote received. The political parties then 
decide who is to hold the seats. The President appoints a cabinet and a 
prime minister who, with the President, exercise executive power. 
Citizens are free to join or support political parties of their choice.
    Since Parliament always is controlled by the party in power, the 
legislature typically provides only a limited check on the executive's 
power. Party leaders are free to hire and fire parliamentary 
representatives at will. If a Member of Parliament acts in accordance 
with constituents' wishes, but against the wishes of the party's 
leadership, the member risks being dismissed.
    Guyana is a racially divided society in which the political party 
structure polarizes the main ethnic groups. Winner-take-all elections 
exacerbate these tensions. The two major parties (the PPP and the PNC) 
are formed largely by Indo-Guyanese and Afro-Guyanese, respectively. In 
October 1998, a court began hearing testimony in a civil suit filed by 
the PNC in support of its allegation that the December 1997 election 
was rigged; however, by year's end, no verdict was reached.
    There are no legal impediments to the participation of women or 
minorities in the political process, but women are underrepresented in 
government and politics. The 20-person Cabinet includes 2 women, and 
the country's second-highest judge is a woman. The 72-member Parliament 
includes 12 women and 10 Amerindians, representing both major parties. 
In the December 1997 elections, voters elected a female president.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Guyana Human Rights Association, the most active local human 
rights group, functioned without government interference. The GHRA is 
an NGO 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. Members of the Government openly discussed human 
rights issues and made public statements in response to foreign and 
local human rights reports. The authorities did not interfere with the 
activities of human rights groups.
    In April the Government withdrew from the United Nations Optional 
Protocol to the International Covenant on Civil and Political Rights, 
which had permitted death row prisoners to appeal their cases to the 
U.N. Human Rights Committee. The withdrawal was in response to the 
Committee's ruling in May 1998 in favor of two convicted murderers who 
were to be hanged in 1997.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides fundamental rights for all persons 
regardless of race, sex, religion, or national origin. However, the 
Government does not always enforce these provisions effectively.
    Women.--Violence against women, including domestic violence, is 
widespread. Rape, particularly of girls and young women, is common but 
still infrequently reported or prosecuted. Health professionals and 
NGO's report a high incidence of incest. Lawyers say that while more 
victims are reporting these crimes to the authorities, there is still a 
social stigma applied to the victim for doing so. Despite efforts by 
NGO's and the Department of Public Prosecutions to sensitize police 
officers to domestic violence, the police are often hesitant to 
interfere in cases of domestic disputes.
    In 1996 Parliament passed the Domestic Violence Act. In addition to 
defining domestic violence and establishing it as a crime, the 
legislation gives women the right to seek prompt protection. 
Magistrates can issue interim protection orders when a victim of abuse, 
a police officer, or a social worker fills out an application for 
protection. A magistrate then evaluates the case and decides whether or 
not to replace interim orders with permanent orders. The Domestic 
Violence Act allows victims to seek protection, occupation, or tenancy 
orders. Protection orders prohibit abusers from being anywhere that the 
applicant lives, works, visits, or attends school. Occupation orders 
allow the victim and any children to remain at a home previously shared 
with an abuser, while the abuser must leave. Similarly, tenancy orders 
require an abuser to leave a rented dwelling and continue to pay some 
or all of the rent.
    Although local NGO's that address the issue of domestic violence 
are relatively new, they work effectively together under tight budget 
constraints. While NGO's consider the Domestic Violence Act a positive 
step, they claim that it has had little effect on the overall situation 
of domestic violence in society. NGO's report that domestic violence 
crosses racial and socioeconomic lines. According to Help and Shelter 
(H&S), the first local NGO dedicated to fighting domestic violence, 
societal reeducation is required in order to sensitize persons to 
domestic violence. As of July, H&S had counseled 1,768 people since it 
began offering counseling services in November 1995. H&S reported that 
68 percent of its cases involved spousal abuse and 7 percent involved 
child abuse. Another 10 percent of cases reported to H&S were rape 
cases, and the vast majority of these--78 percent--were reported by 
victims age 16 and under.
    In 1997 Parliament approved the Antidiscrimination Act, which 
builds upon the provisions of the 1990 Equal Rights Act. The two laws 
provide a strengthened framework under which women and minorities may 
seek redress for discriminatory acts or practices. However, no case has 
ever been tried under the Equal Rights Act, and critics of the 
Antidiscrimination Act claim that the new laws are unlikely to be 
effective since the act places enforcement responsibilities on the 
overburdened Chief Labor Officer. There is no legal protection against 
sexual harassment in the workplace. Legislation prohibits dismissal on 
the grounds of pregnancy, and dismissal on such grounds does not occur 
in practice. The Women's Affairs Bureau of the Ministry of Labor, Human 
Services, and Social Security monitors the legal rights of women. The 
Women's Leadership Institute was established by law in December 1997 
and opened in February 1999. The center seeks, through education and 
training, to facilitate greater women's participation in government and 
the private sector. The center plans to train an average of 350 women 
annually on issues such as women's rights, status of women, violence 
against women, and leadership development.
    Legislation passed by Parliament in 1990 protects women's property 
rights in common-law marriages and entitles a woman who separates or 
divorces to one-half the couple's property if she had been working and 
one-third of the property if she had been a housewife. Divorce by 
consent remains illegal. Legislation also gives authority to the courts 
to overturn a man's will inthe event that it does not provide for his 
wife, as long as she was dependent on him for financial support.
    Children.--At least half of the population lives in poverty, and 
children are affected more severely than any other group. One-third of 
the population is under 18 years of age and, although the Government 
provides free education through secondary school, the severe 
deterioration of the public education and health care systems has 
limited children's future prospects. The public health system is 
inadequate, and private health care is unaffordable for many children. 
Children are often not given the opportunity to attend school because 
their families need them to contribute to the household by working or 
providing child care.
    Concern continues to rise over the effects of domestic violence on 
children. Although the GHRA reported no deaths from child abuse in 
1999, law enforcement officials stated that the vast majority of 
criminal child abuse cases went unreported. Media reports of rape and 
incest further indicated that violence against children is a 
significant problem. According to the U.N. Children's Fund (UNICEF) 
office, a disturbing aspect is the concept of the ``girl child,'' in 
which teenage girls trade sexual favors for money, a practice condoned 
by their parents yet obscured by cultural norms. In a related practice, 
parents demand monetary compensation following the rape of a teenage 
daughter.
    The Domestic Violence Act allows police officers or social workers 
to file an application on behalf of an abused child. However, the 
administration of justice for children is characterized by a lack of 
social services or trained experts to deal with children fleeing 
sexual, physical, or emotional abuse. Many children suffer from neglect 
or abandonment in a society where 3 percent of the population emigrates 
each year, often leaving children behind.
    People with Disabilities.--The lack of appropriate infrastructure 
to provide access 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. In December 
1997, Parliament passed a law establishing the Council for Persons with 
Disabilities, although the Council has yet to begin its activities. 
There are several special schools and training centers for the 
disabled, but they lack trained staff and are in disrepair.
    Indigenous People.--The Amerindian population, which consists of 
nine tribal groups, constitutes an estimated 8 percent of the 
population. Most live in reservations and villages in remote parts of 
the interior. Their standard of living is much lower than that of most 
citizens and their ability to participate in decisions affecting their 
lands, cultures, traditions, and the allocation of natural resources is 
limited.
    Amerindian life is regulated by the Amerindian Act, legislation 
dating from colonial times designed to protect indigenous people from 
exploitation. The act gives the Government the power to determine who 
is an Amerindian and what is an Amerindian community, to appoint 
Amerindian leaders, and to 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. These provisions are not enforced. Both Amerindian 
individuals and groups remain free to criticize the Government. In 1998 
the Ministry of Amerindian Affairs admitted that the Amerindian Act is 
antiquated and expressed a commitment to update it, although it has 
taken no action to do so.
    The Government has long maintained that it is committed to 
demarcating lands that traditionally have been the home of Amerindians. 
However, the Government holds title to almost all the nation's land and 
is free to act as it wishes without consultation. The Government 
identified a total of 75 villages and reported that it successfully 
demarcated the lands of 11 Amerindian communities in 1998. The Ministry 
of Amerindian Affairs claimed that, in close consultation with 
Amerindian leaders, it would demarcate a total of 40 additional 
villages by the end of 1999; however, while a handful of village 
leaders has accepted these new titles, most leaders rejected the 
demarcations. Local Amerindian NGO's regarded government consultations 
as mere public relations exercises and demarcationas a means of 
confining Amerindian communities so that the rest of what Amerindians 
considered to be their land could be offered as concessions to miners 
and loggers. (Most of the titles to demarcated land were granted 
decades ago under the Amerindian Act and did not allow for the growth 
of Amerindian communities.) The Amerindian NGO's claimed that 
Amerindian leaders were not consulted properly and were pressured into 
uninformed decisions. The Government maintained that it would consider 
granting additional land rights to those communities that agreed to 
have their lands demarcated in 1999. However, as of year's end, the 
Government had taken no action to do so.
    National/Racial/Ethnic Minorities.--Longstanding ethnic tensions, 
primarily between citizens of African descent and those of South Asian 
origin, continued to influence society and political life. Historical 
patterns of social organization have resulted in social and political 
organizations coalescing around ethnic groups. This pattern of racial 
and ethnic grouping has become politicized over the years, polarizing 
society along ethnic lines. Discrimination and exclusion continue to 
occur. Members of both the largely Indo-Guyanese PPP and the largely 
Afro-Guyanese PNC engaged in rhetorical and propaganda attacks that 
fueled racial tensions.
    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. However, in the aftermath of the 1997 election, the 
Government stepped up its efforts to recruit Indo-Guyanese for the 
security forces. The Chief of Staff of the Guyana Defence Force is 
Indo-Guyanese, and there are other Indo-Guyanese officers in both the 
GDF and the police force. The Government sponsored various forums for 
discussion of racial problems and to promote inclusion. It supported 
the work of NGO's that deal with these concerns.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of association and specifically enumerates workers' rights to 
form or belong to trade unions. The Trade Unions Recognition Law, which 
requires employers to recognize the union chosen by a majority of the 
workers, was passed in late 1997 and came into effect in 1999.
    Approximately 34 percent of the work force is unionized. 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), which is 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 have wielded 
significant influence over the leadership of several unions, and trade 
union officials often served in dual roles as party officials. This 
occasionally led to overt politicization of labor issues. For example, 
the Guyana Public Service Union organized a strike of customs employees 
in November 1998, with explicit political support from the opposition 
PNC.
    Workers have a generally recognized right to strike. Strikes can be 
declared illegal if the union leadership did not approve them, or they 
did not meet the requirements specified in collective bargaining 
agreements. Public employees providing essential services may strike if 
they provide the proper notice to the Ministry of Labor and leave a 
skeletal staff in place.
    A particularly divisive civil service strike over low wages began 
in April and lasted 7 weeks. There was a report that police beat 
strikers in May (see Section 2.a.), and police fired tear gas and 
pellets at protesters (see Section 2.b.). The strike ended on June 20 
with an agreement to send the salary increase issue to binding 
arbitration. On August 31, a civil service arbitration panel awarded 
civil servants an across-the-board 31 percent increase for 1999 and an 
additional 26 percent increase in 2000. The Government said it would 
abide by the arbitration panel's decision. However, by the end of the 
year, the Government had yet to pay the salary increase due to lack of 
funds.
    There is no legislation prohibiting retaliation against strikers or 
antiunion discrimination by employers. However, this principle always 
is included in the terms of resumption after a strike. The new Trade 
Unions Recognition Law defines and places limits on the retaliatory 
actions employers may take against strikers. Arbitration rulings, when 
agreed to by the contending parties, are legally enforceable.
    Unions and their federations freely maintain relations with 
recognized Caribbean and international trade union and professional 
groups. All three of the major international trade union federations 
have affiliates in Guyana.
    b. The Right to Organize and Bargain Collectively.--Public and 
private sector employees possess and utilize the right to organize and 
to bargain collectively. The Ministry of Labor certifies all collective 
bargaining agreements and has never refused to do so. Until enactment 
of the new recognition law, however, this right was not codified, and 
employers legally were not required to recognize unions or to bargain 
with them.
    Individual unions directly negotiate collective bargaining status, 
pursuant to the 1993 repeal of a regulation that required that all 
collective bargaining be negotiated through the TUC. Unions are 
dissatisfied with a provision granting the Ministry of Finance veto 
power over wage contracts negotiated by other ministries.
    The Chief Labor Officer and the staff of the Ministry of Labor 
provide consultation, enforcement, and conciliation services.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, and there is no indication that 
it occurs. The Government prohibits forced or bonded labor by children 
and enforces this prohibition effectively.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Factories Act and the Employment of Young Persons and 
Children Act set out minimum age requirements for employment of 
children. Legally, no person under age 14 may be employed in any 
industrial undertaking and no person under age 16 may be employed at 
night, except under regulated circumstances. The Government prohibits 
forced or bonded labor by children, and enforces this prohibition 
effectively. The law permits children under age 14 to be employed only 
in enterprises in which members of the same family are employed. 
However, it is common to see very young children engaged in street 
trading in the capital. While cognizant of the situation, the Ministry 
of Labor does not employ sufficient inspectors to enforce existing laws 
effectively. According to UNICEF, child labor in the informal sector is 
a problem, as is the practice of teenage girls trading sexual favors 
for money (see Section 5).
    e. Acceptable Conditions of Work.--The Labor Act and the Wages 
Councils Act allow the Labor Minister to set minimum wages for various 
categories of private employers. However, there is no legislated 
private sector minimum wage. The minimum public sector wage is $63 
(g$9,700) per month. As a result of a civil service arbitration panel 
ruling in August, the Government agreed to increase civil service 
salaries by 31 percent, but as of December 31, it had yet to do so due 
to lack of funds. Although enforcement mechanisms exist, it is 
difficult to put them into practice, and unorganized workers, 
particularly women and children in the informal private sector, are 
often paid less than what is legally required. The legal minimum wage 
for the public sector is insufficient to provide a decent standard of 
living for a worker and family.
    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 applies only for hours worked in excess of 48 hours. The law does 
not provide for at least a 24-hour rest period.
    The Factories Act also sets forth workplace safety and health 
standards. The Occupational Health and Safety Division of the Ministry 
of Labor 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 jeopardizing 
continued employment.
    f. Trafficking in Persons.--There are no laws that specifically 
address trafficking in persons, but persons providing fraudulent 
documents for the purpose of facilitating illegal immigration can be 
charged with obtaining money under false pretenses, which carries a 
small fine and a 6-month prison sentence. There were occasional reports 
of trafficking in persons of Chinese and South Asian origin, who would 
illegally immigrate to the United States, under conditions amounting to 
debt bondage.
                                 ______
                                 

                                 HAITI

    Haiti was in a constitutionally irregular situation throughout the 
year. Prime Minister Jacques Edouard Alexis, appointed in December 
1998, completed only the first stage of the required two-part 
ratification process. The terms of office of the entire 85-seat House 
of Deputies and all but 9 of the 27 members of the Senate expired on 
January 11. Before Alexis could submit his Cabinet and plan of 
government to Parliament for approval as required by the 1987 
Constitution, President Rene Preval announced that he would not 
recognize Parliament's decision to extend its incumbents' mandates 
until new elections could be held. This effectively dissolved the 
Parliament on January 11, leaving the country without a functioning 
legislative branch of government or any duly elected officials apart 
from President Preval and eight remaining senators. In March, after 
negotiations with a five-party opposition coalition, Prime Minister 
Alexis formed a cabinet. However, due to the absence of a parliament, 
the new ministers took office without being confirmed. At year's end, 
there were plans to hold a first round of parliamentary elections in 
March 2000, a second round in April, and presidential elections in 
December. The judiciary is theoretically independent; however, in 
practice it remained largely weak and corrupt.
    In September 1994, a U.N.-sanctioned multinational force restored 
the country's democratically elected president. The Armed Forces of 
Haiti (FAd'H) were subsequently disbanded. At that time, the Government 
established the Haitian National Police (HNP), which continues to gain 
experience and to benefit from international training and advisors, 
although it has severe attrition problems. Moreover, it remains an 
immature force that is still grappling with problems of corruption and 
human rights abusers within its ranks. Allegations of corruption, 
incompetence, and narcotics trafficking target members at all levels of 
the force. The HNP has a variety of specialized units, including a 
crisis response unit, a crowd control unit (CIMO) serving Port-au-
Prince and the Western department, crowd control units (UDMO's) serving 
each of the remaining eight departments, a presidential and palace 
security unit, an 81-officer Coast Guard unit, and a Special 
Investigative Unit (SIU). The SIU was formed to investigate high-
profile political killings but is ill-equipped, inexperienced, and has 
made limited progress on its cases. Some members of local government 
councils (CASEC's) exercise arrest authority without legal sanction. 
Members of the HNP and other security forces committed some serious 
human rights abuses.
    The mandate of the U.N. Police Mission in Haiti (MIPONUH), which 
advised and trained the HNP, is currently set to expire on March 15, 
2000. The United Nations plans to replace that mission with a civilian 
follow-on technical assistance program.
    Haiti is an extremely poor country, with a per capita annual income 
of around $400. This figure probably does not fully include significant 
transfers from the over 1 million Haitians living abroad, as well as 
income from informal sector activities that constitute an estimated 70 
percent of actual economic activity. The country has a market-based 
economy with state enterprises controlling telecommunications and 
utilities. The Government had proposed a broad plan for privatization 
of state-owned enterprises. However, aside from the sale of two 
previously closed enterprises, the process has come to a halt. A small 
elite controls much of the country's wealth. Accurate employment 
statistics are unavailable. About two-thirds of the population work in 
subsistence agriculture, earn less than the average income, and live in 
extreme poverty. A small part of the urban labor force works in the 
industrial and assembly sectors, with an equal number in government or 
service sector employment. Assembled goods, textiles, leather goods, 
handicrafts, and electronics are a source of limited export revenue and 
employment. Other important exports are mangoes and coffee. The 
Government relies heavily on international assistance.
    The Government's human rights record was generally poor, and its 
overall effort to respect the human rights of its citizens was marred 
by serious abuses and shortcomings in oversight. The HNP's tendency to 
resort to excessive force resulted in a sharp increase in extrajudicial 
killings. Police were linked to several disappearances. Police 
continued to beat, at times torture, and otherwise mistreat detainees. 
While some HNP members were fired and some were incarcerated for human 
rights abuses, methodical investigations and prosecutions are rare, and 
impunity remains a problem. Poor prison conditions, arbitrary arrest 
and detention, and prolonged pretrial detention also remained problems. 
However, instances of brutality in prisons decreased during the year. 
The judiciary remained plagued by understaffing, inadequate resources, 
and corrupt and untrained judges. Judicial dockets remain clogged, and 
fair and expeditious trials are the exception rather than the rule. The 
judiciary is not independent in practice, and in at least 22 cases the 
executive branch detained persons in defiance of release orders issued 
by judges. Security forces carried out illegal warrantless searches. 
Most media practice some self-censorship; however, the press frequently 
is critical of theGovernment. Due to the nation's political crisis, 
citizens were unable to vote for representatives to Parliament. 
Violence against women, societal discrimination against women, and 
government neglect and abuse of children remain problems. The 
widespread practice of rural families sending young children to the 
larger cities to work as unpaid domestics (restaveks) also is still a 
problem. Child labor persists. Vigilante activity, including killings, 
remained a common alternative to formal judicial processes.
    The Government's effort to redress the legacy of human rights abuse 
from the 1991-94 period was slightly more successful than in previous 
years. The 4-year investigation into the Raboteau massacre was 
completed in September, an indictment was issued, and by the end of the 
year, the case was moving towards trial. In July the Ministry of 
Justice disbursed about $1,700 (27,000 gourdes) in reparation money to 
914 victims of the 1993 Cite de Soleil fire, which reportedly was set 
by the paramilitary Front for the Advancement and Progress of Haiti 
(FRAPH). Otherwise, no significant progress was made in addressing 
other human rights violations or political killings dating from the 
Duvalier, de facto, or post-intervention periods.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From
    a. Political and Other Extrajudicial Killing.--Members of the HNP 
committed extrajudicial killings. Most of the HNP killings were due to 
the use of excessive force, police confrontation with armed suspects, 
or armed confrontations involving off-duty officers. Credible reports 
of such killings by HNP members compiled by the UN/OAS International 
Civilian Mission in Haiti (MICIVIH) increased sharply in 1999. At 
year's end, 66 such reports had been received compared with 31 in 1998. 
MICIVIH also received credible reports that HNP officers participated 
with civilians in vigilante-style killings.
    The most egregious single instance of extrajudicial killing was the 
summary execution by HNP officers in the presence of the Port-au-Prince 
police chief of 11 men on May 28 in the Port-au-Prince neighborhood of 
Carrefour-Feuilles. The killings occurred when residents called the 
police to respond to bandit activity. After the killings, the 
authorities arrested six police officers. Former Port-au-Prince police 
chief Coles Rameau fled to the Dominican Republic following the 
executions; however, he was apprehended at the Santo Domingo airport 
and returned to Port-au-Prince where he remained in custody at year's 
end. A special three-magistrate committee was formed to investigate the 
case; the investigation was still underway at year's end.
    On January 8, an off-duty HNP member shot and killed a man 
following a traffic dispute in Cap Haitien. The officer was arrested 
but released by an examining magistrate on February 10 on the grounds 
that there were ``many other considerations.'' On March 7, an off-duty 
policeman in Thomonde shot and killed a youth he suspected of taking 
his wallet. He was arrested but charged only with ``theft of a 
weapon.'' In June a Port-de-Paix policeman crushed with a rock the head 
of a suspect he had just arrested. A prosecutor determined that the 
policeman acted in self-defense, despite independent inquiries that 
found that he had used excessive force. On April 19, HNP officers shot 
and killed Hypolite Elysee who was alleged to have been the leader of a 
gang that killed a CIMO agent and four other youths in the Fontamara 
area of Port-au-Prince 10 days earlier. HNP officials stated that 
Elysee opened fire first and that an HNP officer fired back, killing 
him; the authorities did not investigate this case. On April 20, two 
HNP officers killed Michelson Jean Philippe Guillame in Port-au-Prince. 
Guillame was a Fanmi Lavalas (former President Jean Bertrand Aristide's 
political party) coordinator, and his murder sparked a large pro-
Lavalas demonstration and rumors that the killing was politically 
motivated. The HNP opened an investigation into the killing; however, 
the case remained unsolved at year's end. In June the authorities 
detained two Port-au-Prince police officers in connection with the 
fatal shooting of a man in Les Cayes on May 30. Also in May, police 
shot and killed a suspected gang member. During a June shootout between 
the HNP and an armed suspect in Ferrier, stray bullets killed a passer-
by. Although the HNP concluded that the latter case was an accident, it 
paid for the victim's funeral expenses.
    In early June, recent skeletal human remains were found at Titanyen 
(near Croix des Missions), an area that often had served as a dumping 
ground for bodies of victims of political killings during the Duvalier 
and military eras. The HNP's forensic unit removed the remains with the 
assistance of foreign experts. Preliminary findings link some of the 
remains with an April incident in which HNP officers allegedly arrested 
eight teenage associates of the gang leader, Hypolite Elysee, who HNP 
agents killed in April. Despite the efforts of their families to find 
them at police stations, prisons, and the morgue the youths werenot 
located (see Section 1.b.). The HNP opened an investigation into the 
case in June; at year's end the investigation remained open.
    At least one extrajudicial killing occurred when a suspect was in 
police custody. On April 13, HNP officials detained Felix Lamy in the 
Camp Perrin police station and severely beat him before transferring 
him to Les Cayes prison where he died. The authorities subsequently 
placed the HNP agent responsible for the beating in disciplinary 
custody.
    The prison system experienced food shortages, and there were at 
least four deaths due to malnutrition (see Section 1.c.).
    The 4-year investigation into the 1994 Raboteau massacre was 
completed in August, resulting in the dismissal of charges against 8 
suspects and the indictment of 22 others, including former military 
leader Raul Cedras, who was indicted in absentia. Most of those 
indicted appealed; at year's end a ruling of the appeal was pending.
    There were two killings that were widely regarded as politically 
motivated, although the HNP never solved them. On March 1, an unknown 
person shot OPL Senator Yvon Toussaint at close range. Toussaint's 
murder occurred at a high point of tension between the executive branch 
and members of the OPL over dissolution of the Parliament. Toussaint 
reportedly was followed and threatened in the days before the attack. 
Following the Toussaint killing, several other OPL parliamentarians 
were attacked and reported receiving death threats (see Section 1.c.). 
The HNP identified a suspect in the killing who was believed to have 
left the country. At year's end, the case remained unsolved.
    The second killing occurred on the evening of October 8, when Jean 
Lamy, an advisor to the HNP and longtime political ally of former 
President Aristide, was shot and killed. This murder occurred the day 
after State Secretary for Public Security Robert Manuel resigned 
reportedly after a long campaign by groups associated with Fanmi 
Lavalas to secure his removal. Lamy's funeral was the venue for a 
demonstration by self-professed Aristide supporters. The killing 
remained unsolved at year's end.
    Extrajudicial killings often take the form of vigilante actions. 
Most such incidents occurred without official complicity; however, 
MICIVIH reported credible evidence that certain so-called vigilance 
brigades were engaging in vigilante activities with the approval and 
even cooperation of the HNP and CASEC's. For example, vigilance 
brigades that consisted of police officers and civilians were 
responsible for 16 killings and 4 disappearances (see Section 1.b.) in 
May and June in the Bois Neuf area of Cite Soleil. MICIVIH also 
received reports that the HNP condoned the activities of the ``Brigade 
Fort St. Claire,'' one of Port-au-Prince's most infamous vigilante 
groups. On April 11, this group seized a man in the emergency waiting 
room of a Port-au-Prince hospital and lynched him.
    Especially in rural areas where there is little or no police 
presence, the populace routinely resorts to lynching in the absence of 
reliable means of legal redress. Angry mobs often killed suspected 
thieves, bandits, murderers, rapists, and sorcerers, usually by assault 
with machetes, stoning, beating, or burning. MICIVIH recorded 76 
fatalities in 48 separate lynchings during the year. However, the 
actual number of lynchings probably is far higher given the 
pervasiveness of the practice in remote rural areas. In several cases, 
HNP intervention prevented lynchings. In incidents in Mole St. Nicolas 
and Trou du Nord, HNP members attempted but failed to prevent 
lynchings. In one incident in Camp Coq, a mob seized an accused 
criminal during a hearing before the justice of the peace.
    b. Disappearance.--In April HNP officers allegedly arrested eight 
teenagers who disappeared following their arrests. The HNP's forensic 
unit linked some of the skeletal human remains found at Titanyen to the 
teenagers (see Section 1.a.).
    MICIVIH reported that four persons from the Bois Neuf area of Cite 
Soleil disappeared on May 17. Several persons reported seeing members 
of a vigilante brigade chasing these individuals before their 
disappearance. Family members of the four attempted to find their 
bodies; however, they did not succeed in finding them by year's end.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits the use of unnecessary force or 
restraint, psychological pressure, or brutality by the security forces; 
however, members of the security forces continue to violate these 
provisions. Police officers used excessive--and sometimes deadly--force 
in making arrests or controlling demonstrations and rarely were 
punished for such acts. Policefrequently beat suspects. There were 
sporadic instances of torture and other forms of abuse.
    In interviews with prisoners, MICIVIH registered fewer allegations 
of police brutality in 1999 than in 1998. MICIVIH recorded 342 such 
allegations, compared with 423 in 1998. Nevertheless, police 
mistreatment of suspects, at both the time of arrest and during 
detention, occurs in all parts of the country. Beating with fists, 
sticks, and belts is by far the most common form of abuse. However, 
MICIVIH documented other forms of mistreatment, including burning with 
cigarettes, choking, hooding, and kalot marassa (severe boxing of the 
ears, which can result in eardrum damage). Those who reported such 
abuse often had visible injuries consistent with the alleged 
mistreatment. There also were isolated allegations of torture by 
electric shock, although MICIVIH was unable to verify these. 
Mistreatment also sometimes takes the form of withholding medical 
treatment from injured jail inmates. During the year, MICIVIH 
registered particular concern about police brutality in Cap Haitien, 
Petit-Goave, Petionville, Cite Soleil, and the Cafeteria precinct of 
Port-au-Prince. Police rarely are prosecuted for the abuse of 
detainees.
    There were credible allegations of the use of excessive force on 
the part of the CIMO and UDMO crowd control forces. On February 2, CIMO 
members reportedly used excessive force in breaking up a demonstration 
of Cite Soleil residents at the National Palace. In May HNP officers 
were filmed beating four journalists who were covering a rally against 
crime and violence attended by several thousand persons (see Sections 
2.a. and 2.b.). A CIMO agent reportedly assaulted a reporter and 
confiscated his camera during a June 24 disturbance at the ``Lafamni 
Selavie'' orphanage (see Section 2.a.). In Cap Haitien on February 8, 
UDMO personnel reportedly used excessive force in breaking up a student 
demonstration.
    The Government's record of disciplining police officers implicated 
in these offenses is mixed. As of the end of September, at least 58 HNP 
officers were in prison on a variety of charges. The authorities 
charged 11 of these officers with human rights violations. However, 
more frequently the HNP simply discharged officers caught committing 
flagrant abuses. During the year, MICIVIH registered concern over 
several cases in which the authorities treated police officers accused 
of human rights violations with undue leniency. In Cape Haitien, the 
Ministry of Justice first ordered the transfer of an investigating 
magistrate and then fired him, for attempting to bring a police officer 
to trial on apparently well-founded charges of assault. A government 
prosecutor found that the Port-de-Paix policeman who smashed a 
suspect's head with a rock (see Section 1.a.) acted in self-defense, 
despite the conclusion of MICIVIH and an internal police inquiry that 
it was obviously a case of excessive force. The policeman returned to 
active duty.
    There continued to be sporadic instances of brutality on the part 
of local officials exercising unauthorized law enforcement functions. 
Especially in rural areas, MICIVIH has documented brutality by members 
and agents of local government councils, who tend to assume an illegal 
law enforcement role in the absence of a regular police presence. In 
the past, unofficial security forces controlled by mayors also 
committed human rights abuses; however, there were no reports that this 
occurred during the year.
    In September four Haitians living in France filed lawsuits against 
former President Jean-Claude Duvalier, charging him with crimes against 
humanity while they were imprisoned and tortured during his 1976-86 
rule.
    Following the murder of OPL Senator Toussaint, several OPL senators 
and deputies were attacked and some reported receiving death threats. 
On March 15, OPL Senator Yrvelt Chery reported that shots were fired 
outside his gate. In April OPL deputy Vionette Wilner Raphael reported 
that his house was sprayed with bullets and that his official car was 
set on fire. Both Chery and Raphael alleged that they were targeted for 
being part of the opposition OPL. On April 22, three OPL 
parliamentarians, including Wilner, asked for and received temporary 
refuge at the Chilean Embassy claiming that their lives were in danger; 
they subsequently left the country. On September 5, unknown individuals 
fired at OPL spokesman Saveur Pierre-Etienne while he was driving 
towards Port-au-Prince (see Section 3).
    On April 26, unidentified persons fired shots at or near the house 
of former OPL deputy Lorraine Casimir; she allegedly had been receiving 
telephone threats since before January 11. On May 5, unknown 
individuals vandalized Casimir's home. HNP officers reported that these 
attacks occurred because of a personal dispute; however, OPL leaders 
claimed that they were actually part of a systematic campaign to 
intimidate OPL parliamentarians.
    On March 8, Pierre Esperance, Director of the National Coalition 
for Haitian Rights (NCHR) and treasurer of Platform of Haitian Human 
Rights Organizations (POHDH) was shot and wounded in Port-au-Prince.For 
weeks before this attack, both the NCHR and the POHDH received a number 
of threatening phone calls and leaflets, and the POHDH issued a press 
release on March 1 alleging that the threats were condoned officially. 
The HNP's investigation of this shooting remained unresolved at year's 
end (see Section 4).
    On September 4, an explosive device detonated at the Chamber of 
Commerce and Industry. The blast did not injure anybody and only 
damaged the building slightly. Some members of the media characterized 
the bombing as part of an attempt to intimidate members of the private 
sector to stop rallying against lawlessness and poor governance. 
Members of the Chamber alleged that the attack was connected directly 
to pro-Lavalas threats against its president, Oliver Nadal.
    Several sites related to the forthcoming elections were vandalized, 
and unidentified persons set fire to electoral offices in various 
locations. In the Grand'Anse, police failed to respond to acts of 
intimidation against election offices and against candidates from 
parties other than the locally-strong KOREGA party (see Section 3).
    Prison conditions remained very poor. The new Penitentiary 
Administration Management (DAP), with the support of the International 
Committee of the Red Cross (ICRC), the UNDP, and MICIVIH, struggled to 
improve conditions in the country's prisons. Prisoners and detainees, 
held in overcrowded and inadequate facilities, continued to suffer from 
inadequate basic hygiene, poor quality health care, and 24-hour 
confinement to cells in some facilities. Several prisons experienced 
water shortages. At year's end, the country's 17 prisons held 3,797 
prisoners, an increase of about 300 over 1998. In March the Government 
improved facilities at the main penitentiary in Port-au-Prince by 
adding space for an additional 600 inmates; however, overcrowding 
remained a problem.
    The prison system experienced food shortages, and there were at 
least four deaths due to malnutrition. Many prisons were only able to 
supply one (as opposed to the required two) meals a day to inmates. 
Most severely affected were inmates whose diet was not supplemented by 
food brought by family members. A team of physicians who examined 217 
inmates of Port-au-Prince's National Penitentiary found that 153 were 
suffering some degree of malnutrition and that 40 detainees were 
severely malnourished and not receiving proper medical care. The ICRC 
also found malnutrition in Gonaives prison, where there were three 
malnutrition-related deaths in early June. In Fort Liberte and Les 
Cayes, inmates organized demonstrations to protest the food shortage. 
The ICRC began a nutrition program in Gonaives, and a food center was 
set up at the National Penitentiary to address this problem. As an 
additional measure, DAP hired supervisors in four prisons with the sole 
responsibility of managing the food stocks. Despite these efforts, the 
ICRC found at year's end that 18 percent of inmates at the National 
Penitentiary suffered from malnutrition.
    Fort National prison in Port-au-Prince is the only prison facility 
expressly for women and juveniles. In other prison facilities, women 
are housed in cells separate from the men. However, overcrowding often 
prevents strict separation of juveniles from adults, convicts from 
those in pretrial detention, or violent from nonviolent prisoners.
    MICIVIH statistics indicated a decline in reports of mistreatment 
of inmates by DAP guards. However, abuse in the form of beating, 
slapping, and other degrading treatment continued. DAP took 
disciplinary action against a handful of guards implicated in these 
abuses. In January the director of the National Penitentiary, as a 
measure to prevent abuse, ordered that the guards no longer routinely 
be issued batons.
    In June the Government approved regulations for acceptable prison 
conditions and disciplinary guidelines for inmates after a 2-year 
delay. Following government approval of these regulations, conditions 
improved slightly.
    In the past, persons detained in politically sensitive cases often 
were kept in police station holding cells, rather than in regular 
prison facilities. These and other holding-cell detainees depended 
largely on their families for food and medicine. In some cases, police 
officers used their personal funds to buy food for such persons. There 
were no reports that this occurred during the year.
    The authorities freely permitted the ICRC, the Haitian Red Cross, 
MICIVIH, and other human rights groups to enter prisons and police 
stations, monitor conditions, and assist prisoners with medical care, 
food, and legal aid. The Director General of the HNP and the State 
Secretary for Public Security cooperated with MICIVIH.
    d. Arbitrary Arrest, Detention, or Exile.--The HNP continued to use 
arbitrary arrest and detention. The Constitution stipulates that a 
person may be arrested only if apprehended during the commission of a 
crime, or if a judicial warrant has been issued. Judicial warrants 
cannot be executed between 6:00 p.m. and 6:00 a.m. The authorities must 
bring the detainee before a judge within 48-hours of arrest. In 
practice, the authorities frequently ignored these provisions. There 
were instances of arrests by security forces and local officials 
lacking the authority to do so. In particular, arrests by mayors and 
members of CASEC's occurred in underpoliced rural areas. Furthermore, 
MICIVIH has documented cases in which both children and adults have 
been imprisoned without a hearing simply because their parents 
requested this of a judge.
    The requirement that a detainee be brought before a judge within 48 
hours of his arrest was disregarded routinely in certain police 
jurisdictions, according to MICIVIH. Although the 48-hour rule is 
violated in all parts of the country, it is ignored most flagrantly in 
Jeremie, Cap Haitien, Petionville, and the Delmas commissariat of Port-
au-Prince. In Petionville, MICIVIH documented 50 cases in the month of 
September alone in which this rule had been violated. Moreover, arrests 
sometimes are made on charges (for example, sorcery or debt) that have 
no basis in law. The authorities also detained some persons on 
unspecified charges or ``pending investigation.''
    The authorities continued to detain persons in defiance of valid 
orders for their release issued by judges. MICIVIH expressed ``extreme 
concern'' at these cases and described the handling of them as 
``completely arbitrary and illegal.'' This practice disproportionately 
affected prisoners with histories of opposition to the Government or 
affiliation with the Duvalier or de facto regimes. However, suspected 
narcotics traffickers and other criminals also were included. At year's 
end, there were 22 prisoners held in defiance of valid release orders, 
including Thomas Asabath, Leoncefils Ceance, Steve Conserve, Bertrand 
Constant, Akis Deronette, Calero Bibas Fabien, Meradieu Faustin, Jean-
Louis Henry, Robert LeCorps, Jean-Robert Lherisson, Rilande Louis, 
Leonard Lucas, Pierre Luckner, Georges Metayer, Alexandre Paul, Claude 
Raymond, Jean-Michel Richardson, and Jean Enel Samedi. During the 
months of October and November, 20 prisoners, including 2 who were 
being held in defiance of valid release orders, staged a hunger strike 
at the National Penitentiary to protest their plight. All of the 
strikers had been detained for at least 440 days and no trial date had 
been set in at least half of the cases. Minister of Justice Leblanc 
acknowledged that this practice was a problem and formed a commission 
to report to him on the matter. The commission does not have the 
authority to release the detainees; however, Minister Leblanc stated 
that he would abide by any recommendations to release them. The October 
reassignment of a state prosecutor who had acknowledged following 
political directives led to the release of some of the hunger strikers 
on humanitarian grounds.
    As in previous years, the dysfunctional judicial system resulted in 
pervasive prolonged pretrial detention, with an estimated 80 percent of 
the country's prisoners awaiting trial. The problem is most extreme in 
Port-au-Prince. A February compilation of statistics on these cases by 
MICIVIH showed that of 3,090 prisoners, 1,172 have been held for more 
than 1 year. Of these, 775 had been held between 1 and 2 years, 287 had 
been held between 2 and 3 years, and 110 had been held for more than 3 
years. Sometimes the charges in these lengthy detentions are minor. 
MICIVIH found one case in which a man had been imprisoned in the 
National Penitentiary since 1996 awaiting trial for theft of a portable 
tape recorder. Another inmate has been in prison since 1996 for 
suspected theft of a pair of pants.
    Justice Minister Leblanc has announced that he accords resolution 
of the problem of pre-trial detentions high priority, has reorganized 
the Port-au-Prince prosecutor's office, and has attempted to implement 
a more rigorous schedule for hearings for correctional and criminal 
affairs. However, resolution of the problem awaits thorough judicial 
reform at all levels of the penal chain: Police, justices of the peace, 
prosecutors, investigating magistrates, trial judges, and prisons (see 
Section 1.e.).
    Police in some instances attacked and detained journalists (see 
Sections 1.c. and 2.a.).
    The Constitution prohibits involuntary exile of citizens, and there 
were no reports of its use.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, it is not independent in practice. 
Years of rampant corruption and governmental neglect have left the 
judicial system poorly organized and nearly moribund. The Constitution 
sets varying periods of tenure for judges above the level of justice of 
the peace. However, in practice the Ministry of Justice 
exercisesappointment and administrative oversight of the judiciary, 
prosecutors, and court staff. The Ministry of Justice can remove 
justices of the peace and occasionally dismisses judges above this 
level as well.
    At the lowest level of the justice system, the justices of the 
peace issue warrants, mediate cases, adjudicate minor infractions, take 
depositions, and refer cases to prosecutors or higher judicial 
officials. Investigating magistrates and public prosecutors cooperate 
in the development of more serious cases, which are tried by the judges 
of the first-instance courts. Appeals court judges hear cases referred 
from the first-instance courts, and the Supreme Court deals with 
questions of procedure and constitutionality.
    The judicial apparatus follows a civil law system based on the 
Napoleonic Code dating from 1832, with few subsequent amendments. The 
Constitution provides for the right to a fair public trial; however, 
this right was widely abridged in practice. The Constitution also 
expressly denies police and judicial authorities the right to 
interrogate persons charged with a crime unless the suspect has legal 
counsel or a representative of his of her choice present or waives this 
right. While trials are public, most accused persons cannot afford 
legal counsel for interrogation or trial, and the law does not require 
that the Government provide legal representation. Despite the efforts 
of local human rights groups and the international community to provide 
legal aid, many interrogations without counsel occur. All defendants 
are entitled to representation by counsel during trials; however, in 
practice many defendants are unrepresented at trial. Defendants enjoy a 
presumption of innocence and the right to be present at trial, to 
confront witnesses against them, and to present witnesses and evidence 
on their own behalf, and the Government respects these rights in 
practice.
    A shortage of adequately trained judges and prosecutors, among 
other systemic problems, created a huge backlog of criminal cases, with 
many detainees waiting months or even years in pretrial detention for a 
court date. The problem of case backlogs is related to the general 
shortage of qualified judges, prosecutors, and justices of the peace. 
Judges and other judicial officials lack the basic resources (such as 
office space, legal reference texts, and supplies) necessary to perform 
their duties. Professional competence sometimes is lacking as well; 
illiterate judges are not unheard of. If an accused person ultimately 
is tried and found innocent, there is no redress against the Government 
for time served in detention.
    The Code of Criminal Procedure does not clearly assign 
responsibility to investigate crimes and divides the authority to 
pursue cases among police, justices of the peace, prosecutors, and 
investigative magistrates. Examining magistrates often receive dossiers 
that are empty or are missing police reports. Autopsies only rarely are 
conducted, and reports are even more rare. The code provides for two 
criminal court sessions (assizes) per year in each of the 15 first-
instance jurisdictions, each session generally lasting 2 weeks, to try 
all major crimes requiring a jury trial. During the year, the Port-au-
Prince jurisdiction--by far the largest in terms of caseload--failed to 
adhere to this stipulation due to difficulties in assembling a jury. 
The first criminal assizes since July 1998 occurred in Port-au-Prince 
in December.
    The Prime Minister and Justice Minister have acknowledged openly 
the justice system's many failings and have developed a plan for 
judicial reform. Justice Minister Leblanc has demonstrated a relatively 
energetic and imaginative approach to his portfolio, although due to 
the vastness of the problems at hand and a lack of resources, the year 
was devoted largely to setting priorities and laying the groundwork for 
reform. Some of Leblanc's priorities included improving communication 
between the jurisdictions to the ministry, enforcing judicial 
decisions, and making justice more accessible by providing judges with 
cars to enable them to travel into their districts. Leblanc also 
created seven working groups to study a range of problems relating to 
the administration of justice. Their findings are to be used to develop 
implementing legislation for the judicial reform bill passed by 
Parliament in 1998.
    In September the new Magistrates' School (whose first class 
graduated in 1998) held admission examinations for its next class. A 
total of 140 candidates took the examination, from which a class of 40 
was selected; they started a 1-year training program in November. The 
Magistrates' School also held training seminars for 120 justices of the 
peace with the goal of improving their professional skills.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits interference with privacy, 
family, home, or correspondence; however, police and other security 
force elements conducted illegal warrantless searches. The 
policereportedly arrested family members of wanted persons when the 
suspects themselves could not be found.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects these rights. Print and electronic media from opposite ends of 
the political spectrum often criticize the Government. However, most 
media practice a modest degree of self-censorship, wary of offending 
sponsors or the politically influential.
    There are two daily French-language newspapers in the country, Le 
Nouvelliste and Le Matin, with a combined circulation of less than 
15,000. Print media in Creole is limited due to regional variations and 
the lack of a consistent orthography; however, many newspapers include 
a page of news in Creole. Both daily newspapers frequently are critical 
of government policies.
    With a literacy rate of only about 20 percent, broadcast media, 
especially Creole-language radio, have an unusual importance. Over 200 
independent radio stations exist, including about 40 in the capital 
alone. Most stations carry a mix of music, news, and talk show 
programs, which many citizens regard as one of their only opportunities 
to speak out on a variety of political, social, and economic issues. 
Uncensored foreign satellite television is available; however, its 
impact is limited as most persons do not have access to television due 
to financial constraints. Broadcast media tend to criticize the 
Government less than the written press but freely express a wide range 
of political viewpoints.
    On May 28, during a rally against crime and insecurity organized by 
the Chamber of Commerce, police and CIMO crowd control forces were 
filmed beating four journalists and seizing their cameras and film (see 
Sections 1.c. and 2.b.). In protest about 150 journalists demonstrated 
in front of the HNP commissariat on the Champs de Mars on June 7. The 
police authorities formally apologized; however, no charges were 
brought against them.
    On June 24, a CIMO agent reportedly assaulted a journalist from the 
newspaper Haiti en Marche and confiscated his camera and press card(see 
Section 1.c.). The journalist was covering an incident in which 40 
youths invaded their former Aristide Foundation-run orphanage; the 
youths threw stones at the orphanage management and police personnel 
claiming that they were promised jobs and places of residence that 
never materialized.
    On April 27, the HNP arrested Leslie Fareau Bonny, director of 
Radio Timoun for possessing anti-HNP leaflets. HNP officials charged 
him with inciting to riot and defamation. On April 28, Bonny was 
released from prison.
    Radio Vision 2000, which is known for its opposition to the 
Government, has engaged in a long-running dispute with Conatel, the 
Government's communications regulatory authority. In October unknown 
persons fired shots through the front windows of the station. One week 
later, the director of Conatel ordered Radio Vision 2000 to disconnect 
its satellite, which he declared illegal; however, station officials 
asserted that this was harassment by Conatel. The station was able to 
continue operations when a magistrate refused to approve the agency's 
actions.
    Foreign journalists generally circulated without hindrance from the 
authorities.
    The Government respects academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the authorities generally respect 
this right in practice. A variety of organizations were able to 
exercise this right without hindrance. Large and generally peaceful 
demonstrations occurred frequently throughout the year to protest the 
dissolution of Parliament, to decry increasing political violence, and 
to express dissatisfaction with a variety of economic issues.
    At the May 28 rally organized by the Chamber of Commerce, HNP 
officers were filmed beating four journalists and confiscating their 
photography equipment (see Sections 1.c. and 2.a.). At the same 
demonstration, HNP officials failed to intervene as 
counterdemonstrators, many of who reportedly were linked to populist 
groups associated with the Fanmi Lavalas party, violently disrupted the 
event.
    On October 24, demonstrators shouted pro-Aristide slogans and threw 
chairs and bottles of urine to disrupt a rally organized by the 
Provisional Electoral Council (CEP) to launch its preelection civic 
education campaign. The agitators succeeded in breaking up the rally. 
The HNP was not present at the event and, although apolice station was 
nearby, they did not arrive to restore order after the violence began. 
The HNP subsequently asserted that the police leadership had not been 
given proper notice of the rally. President Preval, spokesmen of 
political parties, including Fanmi Lavalas, as well as MICIVIH, 
criticized the demonstrators' actions. Police handling of two 
subsequent rallies showed improvement.
    In several cases, HNP officers used tear gas in order to control 
demonstrations. At a student demonstration in March, police officers 
used tear gas to disperse the crowd. In June protesters at the funeral 
of the 11 men executed by the HNP threw stones at HNP officers; police 
personnel shot into the air and used tear gas to quell the 
demonstration.
    In February private security guards wounded several persons at a 
demonstration protesting recent cutbacks in electricity service.
    The Constitution provides for freedom of association, and the 
Government generally respects this right in practice.
    c. Freedom of Religion.--The Constitution provides for the right to 
practice all religions and faiths, provided that practice does not 
disturb law and order, and the Government respects this right.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Government respects the right of 
freedom of movement within the country, to travel, to emigrate, and to 
return.
    An unknown number of undocumented migrants put to sea seeking 
better economic opportunities in other countries. The Government 
operated, with international support, a national migration office to 
assist citizens involuntarily repatriated from other countries, notably 
the Dominican Republic and the Bahamas. In November mass repatriations 
of about 15,000 Haitian nationals by the Dominican Republic military 
created a crisis in Haitian-Dominican relations. About 25 percent of 
those repatriated returned to their hometowns, while the remainder 
either returned to the Dominican Republic or were waiting to do so at 
year's end. There were reliable reports of separation of families and 
mistreatment of Haitians by Dominican soldiers during this episode.
    The Government has no policy regarding foreign nationals seeking 
refuge or asylum from third countries. The question of provision of 
first asylum did not arise. There were no reports of the forced return 
of persons to countries where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government:
    The Constitution provides for regular elections for local and 
parliamentary offices and for the presidency, and President Rene 
Preval, who was elected in late 1995 in an election regarded by the 
international community as free and fair, continued in office. However, 
due to the nation's political crisis, citizens were unable to vote for 
representatives to Parliament.
    Constitutional order has been eroded by the prolonged political 
crisis that was touched off by the flawed local and parliamentary 
elections of April 1997 and Prime Minister Rosny Smarth's subsequent 
resignation. A stalemate between the President and Parliament, which 
was dominated by members of the opposition OPL, over the approval of a 
successor continued through 1997 and most of 1998, preventing the 
organization of parliamentary and local elections due in November 1998. 
Preval's third nominee to the post of Prime Minister, Jacques Edouard 
Alexis, passed the first part of a two-stage ratification process in 
December 1998. Before he could complete the second part, which would 
have sought parliamentary approval of his Cabinet and plan of 
government, the terms of office of the entire 85-seat House of Deputies 
and all but 9 of the 27 members of the Senate expired on January 11.
    All of the deputies in the last legislature were elected between 
June and December 1995. The mandates of nine senators who were elected 
in early 1991 expired in January 1997, and they should have been 
replaced in elections in 1996. However, those elections were delayed 
until April 1997, when only two senators received a clear majority and 
seven seats were supposed to be determined in a second round. The 
results of the 1997 elections were so widely contested that the second 
round was not held, and none of the nine senators took office. The 
other 18 senators were elected under the Electoral Law of 1995, in 
which a political deal was struck, determining that the terms of 9 
senators would expire in January 1999 and 9 would expire in January 
2001. After January 11, the parliamentarians unilaterally voted to 
extend their mandates until new elections could be organized; however, 
President Preval announced publicly that he would not recognize this 
decision, which left the countrywithout a functioning legislature. 
Members of Parliament requested that the Supreme Court hear their case 
for extending their terms of office; however, in February the Supreme 
Court ruled that it would not hear the dispute because it was not first 
considered by a lower court. Since January 11, President Preval and the 
remaining senators were the only serving government officials on the 
national level who were elected freely and held office in conformity 
with the provisions of the Constitution.
    The mandates of the country's mayors also expired on January 11; 
however, President Preval decided to appoint all but two of them to 
continue serving until elections could be held. Opposition leaders and 
foreign observers criticized this decision, alleging that it placed the 
mayors in debt to President Preval, and effectively put the country's 
rural areas under his control. On January 22, about one-third of the 
mayors rejected Preval's offer to serve as presidential appointees, 
stating that their mandate should come from the electorate, and not the 
President.
    Officials elected in 1997 as members of the territorial assemblies 
continued to serve following the disbanding of Parliament. Opposition 
leaders criticized the alleged preferential treatment given to those in 
territorial assemblies whose membership they claimed was largely allied 
with President Preval and Fanmi Lavalas.
    In the weeks following the disbanding of Parliament, the political 
climate was increasingly tense. There were several occasionally violent 
strikes and demonstrations, and a series of reported threats and 
violent attacks against some opposition politicians. Authorities 
attributed at least some of the attacks to common crime unrelated to 
the political crisis. Members of opposition political parties--
particularly the OPL--reported receiving telephoned threats, hearing 
shots fired outside their residences, suffering vandalism of their 
property and other acts of intimidation (see Section 1.c.). On March 1, 
OPL Senator Yvon Toussaint was killed (see Section 1.a.), and in April 
three OPL parliamentarians and members of their families took refuge in 
the Chilean Ambassador's residence, citing death threats. They 
subsequently left the country. In September unknown assailants shot at 
OPL spokesman Saveur Pierre-Etienne. Unknown assailants shot and 
wounded Marie-Claude Calvin, President Preval's sister, and others shot 
at Prime Minister Alexis's car; however, authorities reported that 
these incidents were not politically motivated (see Section 1.c.). 
Dissatisfaction by some groups with the CEP's electoral plans also led 
to violence; several sites related to the forthcoming elections were 
torched or vandalized in the southern department of Grand'Anse in 
December. Unidentified persons set fire to the house of the president 
of the Departmental Electoral Board in Jeremie, while others also set 
fire to the communal electoral offices (BEC's) in nearby towns of Anse-
d'Hainault and Troubonbon and vandalized the BEC in Corail (see Section 
3).
    The leadership of the HNP also came under the pressure of threats 
and intimidation, raising concerns of a possible campaign to politicize 
the 4-year-old force at a time when police personnel were charged with 
ensuring a climate of security prior to elections. Populist groups 
reportedly associated with Fanmi Lavalas mounted a public campaign 
calling for the resignation of Robert Manuel as Secretary of State for 
Public Security. On October 7, Manuel resigned from his position. On 
October 8, unidentified assailants killed Jean Lamy, an advisor to the 
HNP (see Section 1.a.). One week later, unidentified assailants shot at 
the Director of the HNP's Judicial Police outside his home. On October 
16, self-proclaimed supporters of former President Aristide disrupted 
Lamy's funeral service and forced the HNP's Director General, Pierre 
Denize to flee the building.
    On March 6, President Preval negotiated an agreement with the 
Democratic Consultation Group, a coalition of five small opposition 
parties, aimed at ending the crisis by naming a Provisional Election 
Council to organize the overdue parliamentary and local elections. 
Members of the OPL, the country's largest opposition party, withdrew 
from the Democratic Consultation Group during negotiations with Preval, 
citing an unconstitutional cabinet and delays in the investigation of 
Senator Toussaint's murder. The OPL leaders also announced that they 
would not propose candidates for the CEP or for the new Government; 
however, they did not reject the possibility of participating in the 
forthcoming elections. The CEP consists of nine members chosen by 
President Preval on the basis of proposals made by the Democratic 
Consultation Group and members of civil society.
    The CEP was charged with addressing the contested 1997 elections. 
In June CEP members declared publicly that the two controversial seats 
from the April 1997 elections would be on the ballot. In July the 
Lissade Commission report on the 1997 elections, which had never been 
released despite demands by opposition leaders, became public. The 
report listed numerous irregularities with the elections, including 
ballot box stuffing, falsification of affidavits, lack of affidavits, 
multiple voting by one party, use of false voter cards, voter and 
candidate intimidation, presenceof armed persons at voting sites, 
moving polling sites, incomplete candidate lists, and impeding voter 
registration. The report also revealed that out of the 95 cases of 
documented transgressions the culprit was readily identifiable in 21 
cases. Of these, Fanmi Lavalas was the culprit in 16 cases, OPL in 3, 
and Korega in 2. Following the release of this report, the CEP 
incorporated several provisions in the draft Electoral Law that were 
aimed at eliminating election fraud, such as distributing photo 
identification cards, adding poll watchers and providing them with 
better training, and instituting a policy of reporting results on 
election night.
    President Preval implemented the new Electoral Law by decree in 
July, and the CEP began laying the groundwork for parliamentary and 
local elections. The elections initially were set for November; 
however, they were delayed several times. The first round of 
parliamentary and local elections was subsequently scheduled for March 
19, 2000, with a runoff to be held in late April. At year's end, about 
29,000 candidates from a range of political parties were registered as 
candidates in the local, regional, and national elections. Separate 
presidential elections were scheduled for December 2000.
    In March President Preval also appointed a new Cabinet, in 
consultation with the Democratic Consultation Group. In the absence of 
a parliament, new ministers took office without being confirmed.
    There are no legal impediments to women's participation in politics 
or government; however, they are underrepresented, and the low status 
of women limits their participation. The Election Law provides that the 
deposit required of female candidates for political office is half that 
required of male candidates, if a recognized party sponsors them. In 
the recent past, Haiti has had a female president, prime minister, 
foreign minister, and finance minister. Of the 80 sitting members of 
the Chamber of Deputies (3 seats were vacant) when it was disbanded, 3 
were women. The Senate had no female members. At year's end, there were 
a total of 34 women registered for the Senate and Chamber of Deputies 
elections scheduled for 2000.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights:
    Domestic and international human rights groups generally operate 
without government restrictions; however, incidents of threats and 
intimidation from unknown sources increased during the year. Justice 
Minister Leblanc has sought dialog with some of these groups and 
solicited their recommendations on human rights issues such as 
restitution for victims of abuses committed under the 1991-94 de facto 
military regime. About a dozen groups monitor human rights abuses, with 
some working on civic education and legal aid as well.
    On March 8, Pierre Esperance, country director of the National 
Coalition for Haitian Rights was shot and seriously wounded as he was 
driving his car near his Port-au-Prince office. The incident occurred 
after an escalation of telephone and verbal threats, and the appearance 
of threatening leaflets. The identities of the attackers or the motive 
for the shooting were not established. The HNP's investigation remained 
open but reportedly was inactive (see Section 1.c.).
    The security climate worsened for several other domestic human 
rights groups including the Platform of Haitian Human Rights 
Organizations, the Karl Leveque Cultural Institute, Human Rights Fund 
II, and the National Coalition of Haitian Rights. These groups reported 
receiving repeated threats, most of them anonymous.
    In May the Human Rights Fund II suspended a victims' assistance 
program after threats from members of the popular organization, 
Movement of the Victims of September 30 (MOVI-30).
    In June the International Republican Institute (IRI) closed the 
offices of its democracy building program in Port-au-Prince. Since May 
1998, the IRI had been the target of threats and violence, allegedly by 
self-professed supporters of former President Aristide. For example, 
two of the IRI's employees reportedly were threatened at gunpoint, its 
workshops were destroyed, and associates of Fanmi Lavalas had called 
for the Institute's expulsion from the country.
    The Office of the Protector of Citizens, an autonomous, ombudsman-
like office provided for by the 1987 Constitution, made slow progress 
towards establishing itself as an effective entity. It remained 
constrained by budgetary and personnel deficiencies and reported 
difficulty in establishing cooperation with other ministries. In March 
in cooperation with the Human Rights Fund, it organized a seminar on 
police-community relations with the participation of HNP Director 
General Pierre Denize.
    The lack of a functioning Parliament (see Section 3) had an impact 
on human rights monitoring, since parliamentary committees no longer 
investigated allegations of police abuses, as they had in 1998 during 
disturbances in Mirebelais and Milot.
    The UN/OAS International Civilian Mission continued to play a vital 
and successful role in monitoring the human rights situation and in 
promoting adherence to human rights norms by the authorities. MICIVIH 
investigated all reports of human rights violations, issued periodic 
reports and press releases, conducted civic education, and trained 
local human rights groups. MICIVIH also worked with the Government to 
develop its institutional capacity to prevent and provide redress for 
human rights abuses. In June MICIVIH was forced to close five regional 
offices and dismiss half its monitors due to severe financial 
difficulties. The U.N. component of MICIVIH was scheduled to expire on 
December 31; however, it was extended until March 15, 2000. In November 
the U.N. General Assembly approved creation of a follow-on mission to 
MIPONUH and MICIVIH. The mandate of the new entity, the International 
Civilian Mission for Support in Haiti (MICAH), is to begin in March 
2000 and continue to operate until February 6, 2001.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status:
    The 1987 Constitution does not specifically prohibit discrimination 
on the grounds of race, sex, religion, disability, language, or social 
status. It does provide for equal working conditions regardless of sex, 
beliefs, or marital status; however, there is no effective governmental 
mechanism to administer or enforce these provisions.
    Women.--According to women's rights groups, rape and other abuse of 
women is common, both within and outside marriage. A 1998 study by the 
Haitian Center for Research and Action for the Promotion of Women 
documented widespread rape and violence against women. The report also 
found that many women do not report these forms of abuse due to fear, 
shame, or lack of confidence in judicial remedies. A survey by the 
United Nations Children's Fund of violence against women found that 37 
percent of women reported being victims of sexual violence or reported 
knowing a woman who had been; another 33 percent reported being victims 
of other types of physical abuse. The law provides penalties for these 
crimes; however, the authorities do not enforce these adequately. The 
law excuses a husband if he murders his wife or her lover upon catching 
them in the act of adultery in the home; however, a wife who kills her 
husband upon discovering him in the act of adultery is not excused. The 
National Commission of Truth and Justice, formed after the 1991-94 
period of military rule, recommended several improvements to existing 
laws concerning rape and abuse of women; however, Parliament has not 
enacted any of these proposed changes. There are no government-
sponsored programs for victims of violence.
    In May 1998, 20 women's organizations met with parliamentarians and 
proposed changes to laws that they considered discriminatory. The 
changes proposed include the decriminalization of adultery, the 
classification of rape as a crime against the person rather than as a 
crime against honor, and the extension of the Labor Code to cover 
domestic work. They also proposed a law on violence against women and 
changes to the Family Code. None of the proposed changes were 
implemented by year's end. Sexual harassment of female workers in the 
assembly sector is a problem (see Section 6.b.).
    The Ministry of Women's Affairs is charged with promoting and 
defending the rights of women and ensuring that they attain an equal 
status in society, but it has few resources at its disposal and was 
able to accomplish little in this regard.
    The Constitution states that all citizens are equal before the law; 
however, women do not enjoy the same social and economic status as men. 
In some social strata, tradition limits women's roles. Peasant women, 
often the breadwinners for their families, remain largely in the 
traditional occupations of farming, marketing, and domestic labor. Very 
poor urban women, who head their families and provide their economic 
support, also often find their employment opportunities limited to 
traditional roles in domestic labor and marketing. Female employees in 
private industry or service jobs, including government jobs, seldom are 
promoted to supervisory positions. Laws governing child support 
recognize the widespread practice of multiple-father families but 
rarely are enforced. However, well-educated women have occupied 
prominent positions in both the private and public sector in recent 
years. Women's rights groups are small, localized, and receive little 
publicity.
    Children.--The Government's programs do not promote or defend 
children's rights. Government health care and education programs 
forchildren are inadequate or nonexistent. Primary education is 
supposed to be free and compulsory, but there are far too few public 
schools to accommodate the country's children, especially in rural 
areas. Public schools are not obligated to admit illegitimate children. 
According to a Ministry of Labor and Social Affairs spokesperson, 
schools' refusals to admit illegitimate children currently is less of a 
problem than it was in the past. Poorer families sometimes ration 
education money to pay school fees for male children only.
    Rural families continued to send young children to more affluent 
city dwellers to serve as unpaid domestic labor; families of these 
children frequently received financial compensation (see Section 6.f.). 
A 1991 U.N. study cited this practice as an example of slavery in the 
20th century. One international organization estimated that 250,000 to 
300,000 children, 85 percent of them girls, may be victims of this 
practice, called ``restavek'' (which means ``lives with'' in Creole). 
The Ministry of Social Affairs believes that many employers compel the 
children to work long hours, provide them with little nourishment, and 
frequently beat and abuse them. The law requires that restaveks 15 
years of age and older be paid ``not less than one half the amount 
payable to a hired servant'' to perform similar work, in addition to 
room and board. To avoid this obligation, employers send many if not 
most restaveks away from the home before the children reach the age of 
15.
    Most local human rights groups do not report on the plight of 
restavek children as an abuse or seek to improve their situation. The 
Ministry of Social Affairs believes that it can do little to stop this 
practice, regarding it as economically motivated; the Ministry assigned 
five monitors to oversee the welfare of restavek children. Society 
holds such children in little regard, and the poor state of the economy 
worsened their situation. Port-au-Prince's large population of street 
children includes many restaveks who have been sent out of employers' 
homes or are runaways.
    People with Disabilities.--The Constitution provides that disabled 
persons shall have the means to ensure their autonomy, education, and 
independence. However, there is no legislation to implement these 
constitutional provisions or to mandate provision of access to 
buildings for the disabled. Although they do not face overt 
mistreatment, given the severe poverty in which most Haitians live, 
those with disabilities face a particularly harsh existence. Disabled 
beggars are commonly seen on the streets of Port-au-Prince and other 
towns.
    National/Racial/Ethnic Minorities.--Some 99 percent of Haitians are 
descendants, in whole or in part, of African slaves who won their war 
of independence from France in 1804. The remaining population is of 
European, Middle Eastern, North American, or Latin American origin. The 
law makes no distinction based on race. Longstanding social and 
political animosities often are tied to cultural identification, skin 
color, and overlapping issues of class in this starkly inegalitarian 
society. Some of these animosities date back to before Haiti's 
revolutionary period.
    The Government recognizes two official languages: Creole, which is 
spoken by virtually all Haitians; and French, which is spoken by about 
20 percent of the population, including the economic elite. The 
inability to communicate in French has long limited the political and 
economic opportunities available to the majority of the population. The 
Government prepares most documents only in French, and most judges 
conduct most legal proceedings exclusively in French. Complicating this 
is the lack of an agreed-upon standard for written Creole. However, in 
1995 the lower house of Parliament designated Creole as the language 
for parliamentary debate.
Section 6. Worker Rights:
    a. The Right of Association.--The Constitution and the Labor Code 
provide for the right of association and provide workers, including 
those in the public sector, with the right to form and join unions 
without prior government authorization. The law protects union 
activities and prohibits a closed shop. The law also requires a union, 
which must have a minimum of 10 members, to register with the Social 
Affairs Ministry within 60 days of its formation.
    Unions are independent of the Government and political parties. Six 
principal labor federations represent about 5 percent of the total 
labor force, including about 2 to 3 percent of labor in the industrial 
sector.
    Teachers went on strike for several months early in the year 
because they had been promised a 32 percent pay increase that never 
materialized. This strike led public high school studentsto throw rocks 
at private schools, demanding that they close in solidarity. Students 
also clashed with HNP officers during demonstrations (see Section 
2.b.). The public school teachers eventually returned to work; however, 
they called a 3-day strike in June to protest the Government's 
continuing failure to increase salaries and disburse back pay. The 
teachers struck again from September to November. They eventually filed 
suit against the Government due to the fact that they had not received 
back pay or the promised salary increase by year's end.
    On January 22, the OPL, allied political parties, civil society 
groups, and some labor unions held a nationwide general strike to 
protest the dissolution of Parliament.
    In August workers forced the closure of the port in Gonaives for 
over 2 weeks by striking over a new method of tax collection.
    Each of the principal labor federations maintained some fraternal 
relations with various international labor organizations.
    b. The Right to Organize and Bargain Collectively.--The Labor Code 
protects trade union organizing activities and stipulates fines for 
those who interfere with this right. Unions generally were free to 
pursue their goals, although the Government made little effort to 
enforce the law. Union leaders assert that some employers in the 
private industrial sector dismiss individuals who participate in union 
organizing activities. Organized labor activity was concentrated in the 
Port-au-Prince area, in state enterprises, the civil service, and the 
assembly sector. The high unemployment rate and antiunion sentiment 
among some factory workers limited the success of union organizing 
efforts.
    Collective bargaining continued to be nonexistent, and employers 
set wages unilaterally. The Labor Code does not distinguish between 
industries producing for the local market and those producing for 
export. Employees in the export-oriented assembly sector enjoyed 
better-than-average wages and benefits. Female workers in the assembly 
sector report that some employers sexually harass female workers with 
impunity. Women also assert that, while the vast majority of assembly 
sector workers are female, virtually all the supervisors are men.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
prohibits forced or compulsory labor and applies equally to minors; 
however, while such labor is not known to occur among adults, the 
Government failed to enforce this law for children, who continued to be 
subjected to forced domestic labor as restaveks in urban households 
under conditions that amount to slavery (see Sections 5 and 6.f.).
    d. Status of Child Labor Practices and Minimum Age of Employment.--
The minimum employment age in all sectors is 15 years, with the 
exception of domestic service, where the minimum age is 12. The Labor 
Code prohibits minors from working under dangerous conditions, and it 
prohibits minors under the age of 18 from working at night in 
industrial enterprises. There is also legal provision for employment of 
children between the ages of 12 and 16 as ``apprentices.'' Fierce adult 
competition for jobs ensures that child labor is not a factor in the 
industrial sector. Children under the age of 15 commonly worked at 
informal sector jobs to supplement family income, despite the legal 
prohibition and the fact that primary education is supposed to be free 
and compulsory (see Section 5). Children also commonly work on small 
family farms alongside their parents, even though the high unemployment 
rate among adults keeps children from being employed on commercial 
farms in significant numbers. The Labor Code prohibits forced or 
compulsory labor, which applies equally to minors; however, some 
children are forced to work as domestic servants (see Sections 5 and 
6.c.). In these as in many other areas, government agencies lack the 
resources to enforce the relevant laws and regulations effectively.
    e. Acceptable Conditions of Work.--The legal minimum daily wage, 
established in June 1995, is about $2.18 (36 gourdes). Annually, a 
minimum wage worker would earn about $680, an income considerably above 
the national average but not sufficient to provide a decent standard of 
living for a worker and family. The majority of citizens work in 
subsistence agriculture, a sector where minimum wage legislation does 
not apply.
    The Labor Code governs individual employment contracts. It sets the 
standard workday at 8 hours, and the workweek at 48 hours, with 24 
hours of rest on Sunday. However, the officers of the HNP work 12-hour 
shifts 6 days per week, in apparent violation of the Labor Code. The 
code also establishes minimum health and safety regulations. The 
industrial and assembly sectors largely observed these guidelines. The 
assembly sector published a voluntary code of conduct in April, 
committing signatories to a number of measures designed to raise 
industry standards, including payment of the minimum wage and the 
prohibition of child labor. However, the Ministry of Social Affairs did 
not enforce work hours or health and safety regulations. With more than 
50 percent of the population unemployed, workers were not able to 
exercise the right to remove themselves from dangerous work situations 
without jeopardy to continued employment.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons, and internal trafficking of children is a problem. Rural 
families send young children to affluent city dwellers to serve as 
unpaid domestic labor; the families of such ``restaveks'' frequently 
receive monetary compensation (see Section 5). An estimated 250,000 to 
300,000 children, 85 percent of them girls, may be victims of this 
practice.
    There were no other reports of trafficking in, to, or from the 
country.
                                 ______
                                 

                                HONDURAS

    Honduras is a constitutional democracy, with a president and a 
unicameral congress elected for 4-year terms. President Carlos Flores 
Facusse took office in January 1998. The two major political parties, 
the Liberals and the Nationalists, have alternated in power peacefully 
after free elections. The judiciary is independent, but often 
ineffective and subject to outside influence.
    The Honduran Armed Forces (HOAF) comprise the army, the air force, 
and the navy. The National Police (formerly a paramilitary force known 
as the FUSEP) were transferred to civilian control in 1997. The police, 
including a new ``preventive'' unit, handle public security, 
counternarcotics, and border patrol duties. The Government created a 
new Ministry of Security in 1998 to oversee police operations and 
counter a national crime wave. On January 25, the National Congress 
ratified a constitutional amendment establishing direct civilian 
control over the armed forces--through a civilian Minister of Defense--
for the first time since 1957. The amendment also replaced the position 
of the armed forces commander in chief with that of Chief of the Joint 
Staff. In July the President removed the new Chief of the Joint Staff 
and Vice Chief of Staff after they sought to amend a draft organic law 
governing the armed forces; his action further cemented civilian 
control over the military. Members of the police continued to commit 
human rights abuses.
    The market-based economy is based primarily on agriculture and 
increasingly upon the important maquiladora (in-bond processing for 
export) industry that accounts for about 110,000 jobs, mostly filled by 
young women. The armed forces indirectly play a declining role in the 
national economy through their pension fund, which controls some 
enterprises usually associated with the private sector, including a 
bank and several insurance companies. About 37 percent of workers labor 
in agriculture, with most of the rest in industry and manufacturing, 
commerce, and services. The principal export crops are coffee and 
bananas; these, along with ``value added'' income from the maquiladora 
industry, are the leading sources of foreign exchange. Nontraditional 
products, such as melons, pineapples, and shrimp, play a growing role 
in the economy. In October 1998, Hurricane Mitch caused widespread 
flooding and landslides, which killed several thousand persons, left 
hundreds of thousands homeless, caused over $3 billion in damage, and 
deprived tens of thousands of their livelihoods. International 
humanitarian assistance saved many lives and met basic needs, but 
substantial additional foreign aid is needed to help rebuild 
infrastructure and productive economic capacity. The economic growth 
rate declined in 1999, and the budget deficit and unemployment both 
rose significantly. Annual per capita income is approximately $800; 
about two-thirds of the country's households live in poverty.
    The Government generally respected the human rights of its citizens 
in many areas; however, serious problems remained. Members of the 
security forces allegedly committed extrajudicial killings, 
particularly of presumed criminals, leading human rights groups to 
charge that the security forces and business community colluded to form 
organized death squads. Security force personnel committed acts of 
torture and beat and otherwise abused detainees and others, including 
street children. Police reportedly fired their weapons without 
authorization during an October riot near the presidential offices; 
both police and rioters were injured in the melee. Prison conditions 
remain harsh, lengthy pretrial detention is common, and detainees do 
not always receive due process. Considerable impunity for members of 
the economic and official elite, exacerbated by a weak, underfunded, 
and sometimes corrupt judicial system, contributes to human rights 
problems. Although civilian courts increasingly considered allegations 
of human rights violations or common crimes against armed forces 
personnel and some cases went to trial, there were relatively few 
convictions. While no senior government official, politician, or 
bureaucrat, or member of the business elite was convicted of crimes, 
the Government removed numerous military officials; police officers, 
investigators and agents; and judges from office on corruption and 
other charges. The judicial system continued to deny swift and 
impartial justice to prisoners awaiting trial. On occasion, the 
authorities conducted illegal searches. Other human rights problems 
included violence and societal discrimination against women, child 
prostitution, abuse of street children, and discrimination against 
indigenous people. The Government does not enforce effectively all 
labor laws. Some workers are forced to work overtime. Child labor is a 
problem, particularly in rural areas and in the informal economy, but 
not in the export processing sector.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings by government agents.
    Human rights organizations alleged that individual members and 
former members of the security forces, acting as ``security squadrons'' 
in collusion with business leaders, committed extrajudicial killings of 
street criminals. One organization claimed in October that the Office 
of the President itself was implicated in such activities, but 
subsequently withdrew that assertion after its leader met with 
President Flores. The Government publicly denied accusations relating 
to the security forces as institutions, but investigated allegations 
against members of neighborhood vigilante groups. Human rights groups 
also asserted that members of the security forces on such death squads 
were involved in killings of street children (see Section 5).
    In at least two instances, persons found dead reportedly were last 
seen in police custody. There was no progress in the investigation of 
those deaths at year's end.
    In October the police arrested a prison guard who shot and killed a 
minor who refused to surrender after escaping from the central 
penitentiary in Tegucigalpa in May. At year's end, the case had not yet 
gone to trial.
    On March 23, four men armed with AK-47 assault rifles killed Juan 
Ramon Alvarado, the mayor of Cabanas, Copan Department, in an apparent 
political killing. Alvarado, the target of two previous failed murder 
attempts, reportedly had alienated fellow local politicians. The 
authorities first detained a member of the town council but then 
released him due to lack of evidence; they subsequently detained two 
other persons. However, at year's end, no further progress in solving 
the killing was reported.
    In July police detained a suspect in the October 1998 killing of 
Pedro Garcia Villanueva, a regional director of attorneys for the 
Public (Justice) Ministry, in Santa Barbara. Garcia had been 
investigating several notorious human rights cases, including the 1992 
murder of former national electric company director Marco Tulio 
Castellon Baide. At year's end, several suspects detained in 1998 still 
awaited trial.
    In May 1998, four persons reportedly killed Carlos Antonio Luna 
Lopez, a town councilman in Catacamas. The police arrested one person, 
who had been identified by a witness as one of the assailants.
    Human rights groups asserted that many deaths of gang members, 
including persons under 18 years old, were extrajudicial executions. 
Such groups alleged that between 100 and 150 youths associated with 
criminal gangs were killed, execution-style, during the year. In such 
cases, renegade elements of the security forces, or civilian (including 
vigilante) groups working with such elements, allegedly used 
unwarranted lethal force against supposed habitual criminals. Several 
groups pushed for investigations into specific incidents, while others 
claimed to have provided evidence of collusion between police and 
business leaders to public prosecutors. The Government did not take 
effective action to investigate, try, convict, or punish anyone for 
such offenses.
    Violent crime continued to fuel the growth of private--often 
unlicensed--guard services, and of volunteer groups that patrolled 
their neighborhoods or municipalities to deter crime. The continued 
proliferation of private security forces made it more difficult to 
differentiate among homicides that may have been perpetrated by 
government security personnel, private vigilantes, or common criminals. 
Homicides, armed robberies, and other violent assaults were common.
    Concerns that the security forces would not investigate credible 
allegations of extrajudicial killings by members of the former FUSEP 
led to the creation in 1994 of a civilian-controlled Directorate of 
Criminal Investigations (DIC) under the Public Ministry (which also 
includes a prosecutorial branch). The Police Organic Law, which took 
effect in November 1998, placed the DIC under the new Ministry of 
Security and renamed it the General Directorate of Criminal 
Investigations (DGIC). TheAttorney General and human rights groups have 
noted a decrease in reported human rights abuses over the past 2 years.
    In January 1998, a judge ruled that although Lieutenant Colonel 
Juan Blas Salazar Mesa was guilty of participating in the kidnaping, 
torture, and murders of students in 1982, he qualified for amnesty 
under laws passed several years earlier. In December 1998, the Supreme 
Court upheld the lower court's ruling on amnesty for Salazar. In 
January the Public Ministry filed an appeal with the Supreme Court 
relating to the application of amnesties to former military officials, 
including Salazar. The court reportedly agreed in October to review the 
appeal, which was still pending at year's end.
    In July the Attorney General urged the Supreme Court to decide 
quickly whether amnesty laws created to protect leftist dissidents can 
be used to shield 12 fugitive policemen and soldiers accused of human 
rights violations. In one case, 10 police and soldiers allegedly 
arrested and tortured 6 university students; in another, 16 soldiers 
are accused of killing 2 men. The Supreme Court continued to consider 
this issue at year's end.
    There were some developments in several cases involving the 
investigation or prosecution of other alleged extrajudicial killings 
committed in previous years. In June 1998, the armed forces named a 
commission of senior military officers to investigate accusations of 
human rights violations or other criminal activities by armed forces 
personnel. At the end of the year, this commission had made no public 
findings.
    On June 8, the Supreme Court sentenced former army Colonel Angel 
Castillo Maradiaga to 10 years' imprisonment for the 1991 rape and 
killing of student Riccy Mabel Martinez, a case that helped begin to 
bring an end to the longstanding impunity of members of the armed 
forces from arrest for common crimes. The authorities arrested Castillo 
and an accomplice, Sergeant Santos Eusebio Ilovares Funez, immediately 
following the crime; a court convicted them in July 1993. In April 
1994, the first appeals court decreed that the convictions were null 
for procedural faults and a lack of evidence against Castillo. The 
original court reviewed the case and ratified its original decision, 
which was then upheld by the appeals court. However, in October 1996, 
the first appeals court dismissed the sentences and ordered the second 
criminal court to issue new sentences. In February 1997, the second 
criminal court found Castillo innocent, but sentenced Funez to prison. 
In June 1998, the Supreme Court confirmed these decisions, but the 
victim's lawyers filed a final appeal, upon which the June 1999 
decision was based. Funez remains in prison.
    A judge absolved former armed forces commander Brigadier General 
Mario Hung Pacheco of complicity in the 1988 death of student leader 
Roger Gonzalez, although he reserved judgment on the involvement of two 
other military officials.
    In October a court found former Battalion 3-16 member Marco Tulio 
Regalado Hernandez guilty of the 1983 death of labor leader Herminio 
Deras and imprisoned him. However, two other battalion members 
implicated in the death remained at large at year's end.
    Although in October a judge found army Chief of Staff Oscar 
Hernandez Chavez not guilty of the 1982 death of student Hans Madisson, 
prosecutors filed an appeal. Former army Captain Billy Joya Amendola, 
who returned to the country in December 1998 after evading arrest for 3 
years, also was found not guilty in October in the Madisson case. Other 
charges against Joya for torture and disappearance were pending at 
year's end.
    In July retired armed forces General Daniel Bali Castillo returned, 
after 3 years as a fugitive in Guatemala, to appear before a court for 
his alleged role in the cases of Adan Aviles Funez and Nicaraguan 
citizen Amado Espinoza Paz. The bodies of the two, who disappeared in 
Choluteca in 1982, were exhumed near there in 1995. The court 
immediately freed him, pending presentation of further evidence by 
prosecutors. Two other officials, army Colonel Suarez and retired 
police colonel Marco Antonio Matute, had been freed earlier in 
connection with the case (but still face charges), and several others 
remain at large. Police Colonel Alexander Raymundo Hernandez, another 
suspect in this case, has been missing since 1995; the police 
discontinued his salary in 1997 and discharged him from the force in 
March 1998.
    Government agencies and human rights groups investigated claims of 
possible deaths, disappearances, and torture at the El Aguacate 
military base in Olancho department when it was used byNicaraguan 
insurgents (``contras'') during the 1980's. Investigators found 
evidence of blood on the interior walls of some ruins on the base but 
were unable to link that evidence to specific incidents or persons. The 
Defense Minister and the HOAF Chief of Staff have opened the base to 
independent investigators, including international visitors.
    In July human rights prosecutors began investigating reported 
graves at La Montanita, near Tegucigalpa, and at El Aguacate, in 
Olancho department. Those investigations continued at year's end.
    Vigilante justice led to killings of street children (see Section 
5) and criminals. In October one vigilante group in Cortes department 
reportedly beat and killed a young man with no known criminal 
connections.
    Killings of peasant leaders were reported in various locations, but 
appeared linked to personal or criminal, rather than political, 
motives.
    There has been no progress in the investigations into the deaths of 
two indigenous leaders (see Section 5).
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    The Attorney General continued investigations into the 
disappearances of 184 persons in the 1980's. Various witnesses, 
survivors, and a few former members of the military have charged that 
members of the now-disbanded Battalion 3-16 kidnaped, tortured, and 
murdered many of those who disappeared. The National Commissioner for 
Human Rights, Leo Valladares, also continued his investigation into the 
human rights abuses allegedly committed by members of Battalion 3-16 
and the former police intelligence unit.
    Foreign forensic anthropologists arrived early in the year to 
collaborate with magistrates searching for remains of persons who 
disappeared on the property belonging to a retired armed forces general 
in Amarateca, Francisco Morazan department, but no findings were 
reported by year's end. There were reports of possible clandestine 
burials of persons who disappeared at the former contra military base 
at El Aguacate, Olancho department, but no evidence to confirm such 
reports was discovered (see Section 1.a.).
    Courts reached decisions in several murder cases involving 
disappearances (see Section 1.a.).
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture; however, there were 
isolated instances in which officials employed such practices. In 
addition, police beatings and other alleged abuses of detainees 
remained a problem.
    In August a judge in La Ceiba ordered the arrest of a police 
official and two agents for torturing two persons. In June an appeals 
court overturned a lower court decision from January that had freed two 
DGIC officials accused of torturing two men. In June the Attorney 
General acknowledged that security force personnel continue to commit 
acts of torture, due in part to poor training and lack of knowledge 
regarding human rights obligations. In November a judge in the Bay 
Islands department ordered two police officials jailed for torturing a 
citizen. The Public Ministry Human Rights Prosecutor stated in July 
that she received at least 10 complaints that month alone of human 
rights abuses against detained suspects and prisoners.
    The police reportedly fired their weapons without authorization 
during an October riot near the presidential offices; both police and 
rioters were injured in the melee (see Section 2.b.).
    The police also engaged in violence, including beatings, against 
street children (see Section 5).
    The Office of Professional Responsibility (OPR) within the National 
Police investigates allegations of torture and abuse and can recommend 
sanctions against police agents found guilty of such mistreatment. 
However, neither the police commander nor the OPR is empowered to 
punish wrongdoers; only the immediate superior of the accused agent has 
the authority to do so. The Public Ministry and human rights groups 
criticized the OPR for being unresponsive to their requests for 
impartial investigations of police officers accused of abuses. In 
1996the Public Ministry created the office of Human Rights Inspector 
within the DGIC to monitor the behavior of its agents; the inspector 
reports to the head of the human rights section of the Public Ministry 
and to the Attorney General. Both the DGIC and the preventive police 
dismissed or suspended dozens of agents and officials for abuse of 
authority.
    Widespread frustration at the inability of the security forces to 
prevent and control crime, and the well-founded perception that corrupt 
security personnel were complicit in the high crime rate, led to 
continued considerable public support for vigilante justice. There were 
reported efforts by local landowners to form large-scale vigilante 
groups in Olancho and Choluteca departments. In March President Flores 
ordered the HOAF to reinforce the National Police and conduct joint 
patrols throughout the country, in an effort to reduce crime during the 
Easter holiday season.
    A Special Prosecutor for the Environment investigating reports of 
illegal logging was wounded seriously during an attempt on his life in 
June.
    Elements of the armed forces withheld their cooperation from 
official efforts to track down military officers wanted in connection 
with alleged human rights abuses dating back to the 1980's. In August 
1998, a HOAF spokesman quoted the armed forces commander as having 
admitted that the military was protecting officers accused of human 
rights violations; the HOAF subsequently claimed that the news media 
had reported the commander's remarks erroneously. The Supreme Court 
considered whether government amnesties for crimes committed in the 
1980's covered the military, as political deliberations in the Congress 
had suggested. The Court determined in December 1998 that, while the 
amnesty laws were constitutional, amnesty appeals would have to be 
decided on their individual merits.
    A constitutional amendment that replaced the armed forces commander 
in chief position with a civilian Minister of Defense took effect in 
January, ending several decades of military autonomy. In August the new 
Chief of Staff of the armed forces pledged cooperation should the 
judiciary order the arrest of army Chief of Staff Oscar Hernandez 
Chavez for crimes allegedly committed during the 1980's.
    Prison conditions remained harsh. Prisoners suffered from severe 
overcrowding, malnutrition, and a lack of adequate sanitation, and 
allegedly were subject to various other abuses, including rape. The 24 
penal centers held over 10,000 prisoners; more than 90 percent of these 
were awaiting trial for an average of 22 months, with some waiting over 
5 years (see Section 1.d.). Prison disturbances, caused primarily by 
harsh conditions, occurred throughout the year, resulting in a number 
of deaths and injuries, the destruction of prison facilities, and mass 
escapes. The Government sent the army into various prisons to assist 
guards in maintaining order during the year. In February the 
authorities fired 17 employees of the National Penitentiary, including 
the head of security and 4 police officers, for alleged complicity in 
introducing narcotics into the facility.
    Prison escapes, through bribery or otherwise, remained a frequent 
occurrence, with guards occasionally firing on, and killing, escapees. 
In February two Colombian narcotics traffickers escaped from the 
Trujillo jail; reports indicate that they walked out in the company of 
the prison supervisor and were driven away from the prison by a retired 
army officer. The colonial-era central penitentiary in downtown 
Tegucigalpa was repaired and returned to service following Hurricane 
Mitch in 1998, but conditions remained poor. In June the prison in San 
Pedro Sula suffered a devastating fire; prisoners voluntarily helped 
repair the facility. An imprisoned drug figure in San Pedro Sula was 
found to have bribed guards into providing special accommodations and 
privileges. The authorities transferred a number of prisoners deemed 
particularly dangerous or likely to try to escape through bribery to a 
maximum security holding area within the new National Penitentiary at 
Tamara, near Tegucigalpa. The Ministry of Security assumed 
responsibility for the prison system from the Ministry of Government 
and Justice in January, but the shift in coverage had virtually no 
impact on the resources available to improve conditions.
    More often than not, and for lack of alternative facilities, 
wardens housed the mentally ill and those with tuberculosis and other 
infectious diseases among the general prison population. Prisoners with 
money routinely bought private cells, decent food, and permission for 
conjugal visits, while prisoners without money often lacked basic 
necessities, as well as legalassistance. The prison system budgets 
about $0.40 (6 lempiras) per day for food and medicine for each 
prisoner. Prisoners were allowed visits, and in many cases relied on 
outside help to survive, as the prison system could not provide 
adequate or sufficient food. Street children in detention often were 
housed in adult prisons, where they were abused routinely. Women were 
incarcerated in separate facilities under conditions similar to those 
of male prisoners, except that female prisoners do not have conjugal 
visit privileges.
    In June the Public Ministry signed an agreement with the Center for 
Prevention, Treatment, and Rehabilitation of Victims of Torture and 
their Relatives to establish programs to protect the human rights of 
prisoners; to train police and prison personnel to avoid committing 
acts of torture; and to arrange for periodic inspections of prisons.
    The Government permits prison visits by independent human rights 
monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The law provides for 
protection against arbitrary arrest and detention; however, the 
authorities occasionally do not observe these legal requirements. The 
law states that the police may arrest a person only with a court order, 
unless the arrest is made during the commission of a crime, and that 
they must clearly inform the person of the grounds for the arrest. By 
law the preventive police cannot investigate crimes; that force only 
detains suspects. Police must bring a detainee before a judge within 24 
hours; the judge then must issue an initial temporary holding order 
within 24 hours, make an initial decision within 6 days, and conduct a 
preliminary investigation to decide whether there is sufficient 
evidence to warrant further investigation.
    While bail is legally available, it is granted primarily for 
ostensibly medical reasons; however, procedures in such cases are 
confused and unclear. Poor defendants, even when represented by a 
public defender, seldom are able to take advantage of bail (see Section 
1.e.). Lengthy pretrial detention is a serious problem; more than 90 
percent of prisoners are awaiting trial, some for over 5 years. The 
average length of detention was about 22 months (see Section 1.c.).
    In 1996 the Government enacted a law regarding unsentenced 
prisoners that mandates the release from prison of any detainee whose 
case has not come to trial, and whose time under detention exceeds the 
maximum prison sentence for the crime of which he is accused. 
Nonetheless, many prisoners remain in jail after being acquitted or 
completing their sentences, due to the failure of responsible officials 
to process their releases. A significant number of defendants served 
the maximum possible sentence for the crime of which they were accused 
before their trials were concluded, or even begun. One prisoner 
reportedly was detained for 2 years before receiving a sentence of 1 
month's imprisonment. At the end of 1998, more than 90 percent of all 
prisoners had been neither tried nor sentenced.
    Under the 1984 Code of Criminal Procedures, judges, the police, 
public officials, or any citizen may initiate criminal proceedings. 
Perhaps as many as 80 percent of the cases reported to the police are 
never referred to the criminal justice system, but instead are settled 
administratively by the police or by municipal courts.
    Neither the Constitution nor the legal code explicitly prohibit 
exile, but it is not used as a means of political control.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary is poorly staffed and 
equipped, often ineffective, and subject to outside influence. While 
the Government respects constitutional provisions in principle, 
implementation has been weak and uneven in practice. A number of 
factors limit the effectiveness of the system. Both the judiciary and 
the Public Ministry suffer from inadequate funding; low wages and lack 
of internal controls make law enforcement officials susceptible to 
bribery; the civil law inquisitorial system is both inefficient and 
nontransparent; and powerful special interests still exercise influence 
and often prevail in many courts. Also, many leading politicians enjoy 
constitutional immunity from prosecution because of their membership in 
either the National Congress or the Central American Parliament. That 
immunity extends to acts committed before taking office.
    The court system is composed of a 9-member Supreme Court, 10 
appeals courts, 67 courts of first instance of general jurisdiction, 
and 325 justice of the peace courts of limited jurisdiction. Congress 
elects the nine Supreme Court justices and names the president of the 
Court; the Supreme Court, in turn, names all lower court judges. The 4-
year term for justices of the Supreme Court coincides with those of the 
Congress and the President.
    The Constitution provides for the right to a fair trial. However, 
the written, inquisitorial trial system is labor-intensive, slow, and 
opaque; it does not protect the rights of defendants adequately. In 
December Congress passed a law to modernize the Criminal Procedures 
Code; the new law (scheduled to take effect in February 2002) 
substitutes an adversarial system for the inquisitorial system and 
obligates speedier disposition of cases. The law is designed to change 
the code into one based upon the presumption of innocence, the right to 
a public trial, and respect for the dignity and liberty of the accused. 
It also expressly prohibits incarceration without first receiving a 
clear sentence from a judge or tribunal. Judges legally are in charge 
of investigations, as well as of trials and sentencing. Both 
prosecutors working for the Public Ministry and private individuals may 
bring criminal charges against citizens. A judge may jail an accused 
person for 6 days before a determination is made of probable cause to 
accept charges. If a judge sustains the criminal accusation, the 
accused remains in jail, or may be released on bail while awaiting 
trial (see Section 1.d.).
    An accused person has the right to an initial hearing by a judge, 
to bail, to an attorney provided by the State, if necessary, and to 
appeal. Although the Constitution recognizes the presumption of 
innocence, the Criminal Code in practice often is administered by 
poorly trained judges operating on a presumption that the accused is 
guilty; consequently, the rights of defendants often are not observed. 
All stages of the trial process are conducted in writing and, at the 
judge's discretion, may be declared secret and, thus, even less 
``public'' than normal.
    Defendants and their attorneys are not always genuine participants 
in the process, despite rights accorded under law. Defendants may 
confront witnesses against them and present evidence on their own 
behalf, but only through the judge. By law defendants and their 
attorneys are entitled to review government-held evidence relevant to 
their cases, but this right is not always respected in practice.
    A public defender program provides assistance to those unable to 
afford an adequate defense. There are 137 public defenders providing 
free legal services nationally to 37 percent of the prison population; 
however, public defenders are hard pressed to meet the heavy demands of 
a nonautomated, inadequately funded, and labor-intensive criminal 
justice system. The Supreme Court issued an instruction in 1998 that 
holds judges personally accountable for reducing the number of 
backlogged cases and separates judges into pretrial investigative 
judges and trial and sentencing judges. The Court also created a 
program to monitor and enforce compliance with these measures. The 
Court's instruction was intended to ensure more effective protection 
for the rights of the accused to a timely and effective defense, but it 
has had little effect to date.
    Modest progress was made in previous years towards implementing a 
judicial career system to enhance the qualifications of sitting judges; 
depoliticize the appointment process; and break the subcultures of 
corruption, clientism, patronage, and influence-peddling within the 
judiciary. Nonetheless, many courts remained staffed by politically 
selected judges and by unqualified clerks and were inefficient and 
subject to influence from special interests. For example, one judge 
issued criminal warrants for the arrest of two employees of a major 
multinational company over a civil dispute, allegedly at the behest of 
the complainant. The judicial employees' association publicly 
criticized the Supreme Court's failure to follow civil service 
regulations in disciplining employees. No action was taken against the 
individuals on the list of 31 judges under investigation for alleged 
corruption in September 1998.
    Over the past 5 years, the Public Ministry has taken steps to 
investigate and charge not only military officers for human rights 
violations, but also ranking officials of the two previous governments, 
for abuses of power, fraud, and diversion of public funds and 
resources. However, at year's end, very few of those accused had been 
tried or convicted. Two Callejas administration officials remained in 
jail on corruption charges and were awaiting trial at year's end. In 
June a courtconvicted former President Carlos Roberto Reina of 
involvement in a corruption scandal and fined him a relatively small 
sum, which he declined to pay because he holds immunity as a member of 
the Central American Parliament. In July a judge issued a warrant for 
the arrest of a retired HOAF colonel accused of embezzling from a 
business owned by the military benefits institute.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution specifies that a person's home is 
inviolable, that persons in the employ of the State may enter only with 
the owner's consent or with the prior authorization of a competent 
legal authority, and that entry may take place only between 6 a.m. and 
6 p.m., or at any time in the event of an emergency or to prevent the 
commission of a crime; however, as in previous years, there were 
credible charges that police and armed forces personnel failed at times 
to obtain the needed authorization before entering a private home. 
Coordination among the police, the courts, and the Public Ministry 
remained weak. The Government respects the privacy of correspondence.
    In July Security Minister Chiuz Sierra stated during a radio 
interview that the DGIC had tapped her telephones and undertaken an 
investigation of her activities. The DGIC director denied the charges.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the authorities largely 
respected these rights in practice. Journalists admitted to self-
censorship when their reporting threatened the political or economic 
interests of media owners. Although there was little serious 
investigative journalism, the news media were, at times, critical of 
certain government entities, including the HOAF and municipal 
officials. The news media themselves suffered from corruption and 
politicization. Credible reports existed of regular and substantial 
payments to journalists by powerful business interests, as well as 
public and political figures, either to carry or suppress certain 
stories. There were also reports of executive branch pressure on 
publishers and media outlets to avoid direct criticism of the 
administration or its programs. In January one newspaper complained of 
the withdrawal of government advertising, reportedly due to its 
criticism of a presidential helicopter purchase.
    The executive branch made frequent use of the ``Cadena Nacional,'' 
a nationwide network through which it broadcasts on all television and 
radio stations, preempting regular programs. Initially used by the 
administration to report on Hurricane Mitch-related measures, the 
Cadena Nacional increasingly appears to be an exercise in public 
relations. President Flores owns La Tribuna, one of the major daily 
newspapers.
    A journalist employed by Channel 63 reported a possible attempt 
against his life in July by two men who sought to lure him out of his 
house under false pretenses. A freelance journalist reported death 
threats in October that he attributed to his efforts to end the 
exploitation of forests. A former judge filed a defamation lawsuit 
against a journalist who reported that she had unjustly freed several 
narcotics trafficking suspects; the lawsuit was pending at year's end.
    The Government respects academic freedom and has not attempted to 
curtail political expression on university campuses.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of peaceful assembly, and the Government 
generally respects it in practice.
    In April police used tear gas during a demonstration at the 
National Congress to deal with unruly indigenous protesters. Militant 
union leaders took over a May Day parade by labor confederations, 
called for the deaths of 13 named labor leaders, assaulted 1 rival 
figure, pelted others with eggs, tomatoes, and pieces of ice, and 
denied them the right to address the crowd. In June police armed with 
batons clashed with rock-throwing protesters in southern Tegucigalpa 
who sought to prevent the relocation of hurricane victim shelters into 
their neighborhood. The confrontation resulted in minor injuries to 
both police and demonstrators.
    A significant clash occurred on October 12, when indigenous 
demonstrators, who were blocked by police from marching past the 
presidential offices, rioted nearby. The demonstrators had been 
escorted peacefully along their route by the police until that point. 
Their leaders reportedly had just secured the Government's agreement to 
allow the march to proceed in the desired direction when the clash 
broke out. Demonstrators threw rocks and used slingshots against the 
police while some police opened fire without authorization, allegedly 
aiming either in the air or at the street. Approximately two dozen 
persons were injured, including nine police agents. Both police and 
demonstrators suffered injuries caused by fragmenting police rounds, 
and one demonstrator lost an eye. The President ordered investigations 
by government agencies, and a judge opened his own investigation, which 
continued at year's end. The police requested that the judge 
investigate the role of several dozen alleged instigators of the riot 
and, on October 14, filed charges of assault, attempted assault, and 
other crimes against leaders and members of various NGO's. The 
administration agreed to pay damages to injured demonstrators.
    In October the National Congress passed a resolution calling on the 
executive branch to force the cancellation of a convention of psychics, 
whom it characterized as ``witches and sorcerers.'' The Congress 
expunged the reference to cancellation in an amendment to the 
resolution passed the following day.
    The Constitution provides for freedom of association, and the 
Government generally respects it in practice.
    c. Freedom of Religion.--The Constitution provides for all forms of 
religious expression, and the Government generally respects this right 
in practice.
    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation.--Citizens enter and exit the country 
without arbitrary impediment, and the Government does not restrict 
travel within the country's borders.
    The Government cooperates with the U.N. High Commissioner for 
Refugees and other humanitarian organizations in assisting refugees. 
The Government provides first asylum and grants asylum or refugee 
status in accordance with the terms of the 1951 U.N. Convention 
Relating to the Status of Refugees and its 1967 Protocol.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens last exercised the right to change their government 
through democratic and peaceful elections in November 1997. 
International observers found the elections to be free and fair.
    Citizens choose a president, three vice presidents, and members of 
the National Congress by free, secret, direct, and obligatory balloting 
every 4 years. In 1997 voters for the first time were able to cast 
separate ballots for the President, deputies in the National Congress, 
and municipal leaders, making individual elected officials more 
representative and accountable. Voting was made easier for citizens by 
a change that allowed them to vote closer to their homes.
    Suffrage is universal, but neither the clergy nor members of the 
military or civilian security forces are permitted to vote. Any citizen 
born in Honduras or abroad of Honduran parentage may hold office, 
except for members of the clergy, the armed forces, and the police. A 
new political party may gain legal status by obtaining 20,000 
signatures and establishing party organizations in at least half of the 
country's 18 departments.
    There are no legal impediments to the participation of women or 
minorities in government and politics; however, they are 
underrepresented. Women in the Government include one of the three vice 
presidents, four cabinet ministers, and a Supreme Court justice, as 
well as a number of cabinet vice ministers and agency heads, including 
the president of the Central Bank and Controller General. Of the 128 
deputies in the Congress, 8 are women. In the 1997 elections, for the 
first time a woman ran as the presidential candidate of a major 
political party.
    There are few indigenous people in leadership positions in 
government or politics; there are no members of Congress who state that 
they are indigenous, but there is one indigenous alternate deputy.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of human rights groups operates without government 
restriction, investigating and publishing their findings on human 
rights cases. Government officials generally cooperate with these 
groups and are responsive to their views.
    Anonymous telephone callers continued to threaten human rights 
workers. Human Rights Commissioner Valladares and his family received 
numerous telephone threats. Ramon Custodio, president of the Human 
Rights Defense Committee, and Bertha Olivia de Nativi, general 
coordinator of the Committee of Relatives of the Detained and 
Disappeared, also received many telephone threats. In June Olivia's 
sister reported that unknown persons kidnaped her for several hours as 
a warning.
    In 1996 the Congress ratified a presidential decree expanding the 
functions of the National Commissioner for Human Rights and unanimously 
reelected Leo Valladares to a 6-year term. Under this decree, and in 
fulfillment of his expanded functions, the National Commissioner has 
free access to all civilian and military institutions and centers of 
detention and is supposed to perform his functions with complete 
immunity and autonomy. However, in April the National Congress suddenly 
passed, with no public hearings or debate, a law that would have 
limited the Commissioner's powers and reduced his term of office to 4 
years. The action followed a report released by the Commissioner that 
alleged 17 instances of malfeasance by public officials and 
institutions in the handling of international aid following Hurricane 
Mitch. Domestic and international protests persuaded the Congress to 
revoke the legislation 1 week later.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution bans discrimination based on race or sex. Although 
it also bans discrimination on the basis of class, in practice, the 
political, military, and social elites generally enjoyed impunity 
before the legal system. Members of these groups rarely were arrested 
or jailed; legislators enjoy legal immunity.
    Women.--Violence against women remained widespread. The Penal Code 
was amended in 1997 to classify domestic violence and sexual harassment 
as crimes, with penalties of 2 to 4 years' and 1 to 3 years' 
imprisonment, respectively. Most such violence took place within the 
family. The penalties for rape are relatively light, ranging from 3 to 
9 years' imprisonment. All rapes are considered public crimes, so a 
rapist can be prosecuted even if he marries his victim. Under pressure 
from women's advocacy and reform groups, the Congress in 1997 enacted 
the Law Against Domestic Violence to strengthen the rights of women and 
increase the penalties for crimes of domestic violence. This law allows 
the Government to protect battered women through emergency measures, 
such as detaining an aggressor or separating him temporarily from the 
victim's home. In 1998 some 3,000 women took action under the Law 
Against Domestic Violence, but their cases remained pending because the 
Government has not yet created the special courts authorized by that 
law. The Government attempted to remedy this situation by working with 
women's groups to provide specialized training to police officials on 
enforcing the Law Against Domestic Violence.
    There are few shelters specifically maintained for battered women. 
The Government operates 1 shelter that can accommodate 10 women and 
their families. Six private centers for battered women opened in 1996, 
offering legal, medical, and psychological assistance, but not physical 
shelter.
    Sexual harassment in the workplace also continued to be a problem.
    Women, who make up 51 percent of the work force, were represented 
in at least small numbers in most professions, but cultural attitudes 
limited their career opportunities. In theory, women have equal access 
to educational opportunities. Nevertheless, family pressures often 
impede the ambitions of women intent on obtaining a higher education. 
The law requires employers to pay women equal wages for equivalent 
work, butemployers often classify women's jobs as less demanding than 
those of men to justify paying them lower salaries.
    Some organizations have begun to offer assistance to women, 
principally targeting those who live in rural areas and in marginal 
neighborhoods of cities. For example, the Honduran Federation of 
Women's Associations provided home construction and improvement loans, 
offered free legal assistance, and lobbied the Government on women's 
causes. The Center for the Investigation and Promotion of Human Rights 
continued to operate a program to make women aware of their rights 
under the law. Programs that provide small loans to microentrepreneurs 
target women clients.
    Women have advanced significantly in some professions during the 
past several years. The HOAF and National Police academies accepted 
female recruits for the first time in 1998; women at the Air Force 
academy continued to receive aeronautical training and the first class 
graduated at the end of the year. In September 1998, Reyna Dinora 
Aceituno was elected secretary general of the Confederation of Honduran 
Workers (CTH), the country's second largest labor confederation. 
Aceituno is the first woman to head a national labor confederation. In 
March 1998, the Government granted cabinet-level status to its Office 
of Women's Affairs, although the executive president of that office is 
not a member of the cabinet.
    Children.--Although the Government allocated 32 percent of its 2000 
budget to public education and health care, this was insufficient to 
address the needs of the nation's youth. The Government provides free, 
universal, and compulsory education through the age of 10; however, the 
Government estimated that up to 175,000 children each year fail to 
receive schooling of any kind, either due to insufficient financial 
resources, or because parents rely on their children to assist in 
supporting the family by working. Girls attend primary school in the 
same proportion as boys. Media reports indicated that up to 40 percent 
of children under 5 years old suffer from chronic malnutrition.
    The Government was unable to prevent the abuse of street children 
(see Section 1.c.) and child laborers (see Section 6.d.). In 1998 the 
Government raised its estimate of street children to 8,000, only half 
of whom have shelter on any given day. The number of street children 
increased substantially due to Hurricane Mitch. Many street children 
have been molested sexually, and about 40 percent regularly engaged in 
prostitution. Approximately 30 percent of the street children in 
Tegucigalpa and San Pedro Sula, the two largest population centers, 
were reported to be HIV-positive in 1998. Over 75 percent of the street 
children found their way to the streets because of severe family 
problems; 30 percent simply were abandoned. Both the police and members 
of the general population engaged in violence against street children. 
When the authorities arrested minors charged with the commission of 
capital and other serious crimes, they were housed with adult detainees 
who often abused them.
    In 1996 the Government opened juvenile centers in Tamara, El 
Carmen, and El Hatillo (located in or near Tegucigalpa and San Pedro 
Sula). Nonetheless, a general lack of juvenile detention facilities 
contributed to the detention of minors in adult prisons, and to 
vigilante violence against, and police abuse of, street children. Human 
rights groups implicated out-of-uniform security force personnel, 
vigilantes, and business leaders in some juvenile deaths.
    In 1997 Covenant House of Honduras, an organization dedicated to 
children's rights, brought charges before the Public Ministry against 
unnamed members of the armed forces and the police for the alleged 
torture of 63 juveniles or minors, 35 of whom reportedly were murdered, 
since 1990. The Government took no action in this instance. There was 
no progress in the case of police agents who were detained and placed 
under investigation for detaining and beating youths in October 1997.
    New legislation covering children and adolescents took effect in 
1996, covering the rights, liberties, and protection of children, 
including in the area of child labor (see Section 6.d.). It established 
prison sentences of up to 3 years for persons convicted of child abuse. 
In September 1998, the Government launched the National Commission for 
the Gradual and Progressive Eradication of Child Labor, comprising 
government ministries, official family welfare agencies, and local 
NGO's.
    People with Disabilities.--There are no formal barriers to 
participation by an estimated 300,000 disabled persons in employment, 
education, or health care, but neither is there specific statutory or 
constitutional protection for them. There is no legislation that 
requires access by disabled persons to government buildings or 
commercial establishments.
    Indigenous People.--The small communities of indigenous people have 
little or no ability to participate in decisions affecting their lands, 
cultures, traditions, and the allocation of natural resources. 
Indigenous land rights are communal. While the law permits persons to 
claim individual freeholding titles, this is difficult to accomplish in 
practice. Tribal lands often are defined poorly in documents dating 
back to the mid-19th century and, in most cases, lack any legal title 
based on modern cadastral measurements. The Honduran Forestry 
Development Corporation (COHDEFOR) makes all decisions regarding 
exploitation of timber resources on indigenous lands, often over 
strenuous tribal objections.
    The lack of clear title by indigenous groups to public lands that 
they occupy often leads to conflicts between such groups and COHDEFOR 
and other government entities. However, such disputes are equally 
common between COHDEFOR and nonindigenous groups, and COHDEFOR is 
working with numerous indigenous groups on management plans for public 
and tribal lands that they occupy. In view of the absence of clear land 
titles and their unequal access to legal recourse, indigenous groups 
also are vulnerable to frequent usurpation of their property rights by 
nonindigenous farmers and cattle ranchers. Expanded coverage of the 
national cadastral registry, property titling, and government land 
registries is reducing this vulnerability.
    The courts commonly denied legal recourse to indigenous groups and 
often showed bias in favor of nonindigenous parties of means and 
influence. Failure to obtain legal redress frequently caused indigenous 
groups to attempt to regain land through invasions of private property, 
which usually provoked the authorities into retaliating forcefully.
    The Government generally is responsive to indigenous land claims, 
but numerous cases remained unresolved because of conflicting claims by 
nonindigenous persons. During 1998 the Government issued over 100 land 
titles, encompassing over 250,000 acres, to various indigenous groups. 
An additional 170 land claims by indigenous people were under 
adjudication at the end of 1998. The Government issued over 20,000 
individual land titles in 1997, benefiting many indigenous families. 
Indigenous groups nonetheless charged that the Government had failed to 
fulfill its commitments in this area.
    In 1997 Candido Amador Recinos, a leader of the Chorti indigenous 
group active in efforts to acquire claimed tribal lands, was murdered 
in Corralitos, Copan department; there has been no progress in the 
investigation, although the Public Ministry and police reportedly 
formed a special unit to investigate his death and that in 1991 of a 
Tolupan indigenous leader, Vicente Matute. Indigenous groups petitioned 
actively during the year for the Government to carry out more effective 
investigations in both cases.
    Also in 1997, after a month of nationwide protests by indigenous 
organizations that included a hunger strike, the Government signed a 
22-point agreement with representatives of various groups that made 
available 9 initial land grants of about 22,000 acres each to different 
tribes, granted some contested land titles outright to indigenous 
petitioners, and set aside $15,385 (200,000 lempiras) in government 
funds for indigenous housing. The Congress also created a commission to 
study indigenous land claims, which often conflict with the claims of 
small farmers, but the commission was largely inactive.
    Indigenous groups, backed by international supporters, objected 
strongly to a proposed constitutional amendment that would permit 
foreigners to own and develop land for tourism within 25 miles of the 
country's coasts and land frontiers. The amendment was approved on its 
first reading in late 1998 but had not been ratified (approved at the 
required second reading during the next session) by year's end. The 
Government sought to spur domestic economic growth and provide job 
opportunities for indigenous people by attracting new foreign 
investment and tourism to such areas, but the indigenous groups 
asserted that the proposed amendment would vitiate indigenous claims to 
ancestral lands, accelerate alienation of indigenous property,and 
deprive indigenous people living in the affected areas of access to 
coastal areas. The congressional leadership pledged not to ratify the 
constitutional amendment following a demonstration on October 12 that 
led to a violent clash near the presidential offices (see Section 
2.b.).
Section 6. Worker Rights
    a. The Right of Association.--Workers have the legal right to form 
and join labor unions; unions are independent of the Government and 
political parties. Most peasant organizations are affiliated directly 
with the labor movement. Unions frequently hold public demonstrations 
against government policies and make extensive use of the news media to 
advance their views. However, only about 14 percent of the work force 
are unionized, and the economic and political influence of organized 
labor has diminished in recent years.
    The labor movement is composed of the three national labor 
federations: The General Council of Workers, the Confederation of 
Honduran Workers, and the Unitary Confederation of Honduran Workers.
    The Constitution provides for the right to strike, along with a 
wide range of other basic labor rights, which the authorities honor in 
practice. However, the Civil Service Code denies the right to strike to 
all government workers, other than employees of state-owned 
enterprises. Public sector employees in the fields of health and 
education conducted illegal work stoppages during the year. In June 
members of the National Police staged a ``strike of inertia'' due to 
the failure of the Ministry of Security to pay their salaries.
    A number of private firms have instituted ``solidarity'' 
associations, essentially aimed at providing credit and other services 
to workers and managers who are members of the associations. 
Representatives of organized labor groups criticize these associations, 
asserting that they do not permit strikes, have inadequate grievance 
procedures, and neutralize genuine, representative trade unions.
    The three national labor confederations maintain close ties with 
various international trade union organizations.
    b. The Right to Organize and Bargain Collectively.--The law 
protects the rights to organize and to bargain collectively; collective 
bargaining agreements are the norm for companies in which workers are 
organized. However, although the Labor Code prohibits retribution by 
employers for trade union activity, it is a common occurrence. Some 
employers have threatened to close down unionized companies and have 
harassed workers seeking to unionize, in some cases dismissing them 
outright. The labor courts are considering hundreds of appeals from 
workers seeking reinstatement and back wages from companies that fired 
them for engaging in union organizing activities. However, once a union 
is recognized, employers actually dismiss relatively few workers for 
union activity. Nonetheless, such cases serve to discourage workers 
elsewhere from attempting to organize.
    Workers in both unionized and nonunionized companies are protected 
by the Labor Code, which gives them the right to seek redress from the 
Ministry of Labor. The Ministry took action in several cases, 
pressuring employers to observe the code. Labor or civil courts can 
require employers to rehire employees fired for union activity, but 
such rulings are uncommon. Agreements between management and unions 
generally contain a clause prohibiting retaliation against any worker 
who participates in a strike or other union activity.
    The Labor Code explicitly prohibits blacklisting. Nevertheless, 
there was credible evidence that informal blacklisting occurred in the 
privately owned industrial parks, known as maquiladoras. When unions 
are formed, organizers must submit a list of initial members to the 
Ministry of Labor as part of the process of obtaining official 
recognition. However, before official recognition is granted, the 
Ministry must inform the company of the impending union organization. 
The Ministry has not always been able to provide effective protection 
to labor organizers. There were credible reports, particularly in the 
export processing zone (EPZ) sector, that some inspectors had gone so 
far as to sell the names of employees involved in forming a union to 
companies that then dismissed union organizers before the Ministry 
could recognize the unions.
    The same labor regulations apply in EPZ's as in the rest of private 
industry. Unions are active in the government-owned Puerto Cortes free 
trade zone (7 of 11 maquiladoras there are unionized), but factory 
owners have resisted efforts to organize the privately owned industrial 
parks. The Honduran Association of Maquiladores (AHM) over the past 4 
years has sponsored seminars and other meetings between its members and 
major labor groups. As a result, tensions have declined, and 46 of the 
203 maquila plants have unionized, with 32 of those plants having 
collective bargaining agreements.
    In 1997 the AHM adopted a voluntary code of conduct governing 
salaries and working conditions in the industry and recognizing 
workers' right to organize. Although local unions were not consulted 
during the drafting process and have no formal role in its 
implementation, the code nonetheless represented a public commitment by 
apparel manufacturers to abide by local laws and regulations governing 
their industries. It provided a starting point for a dialog among the 
AHM, organized labor, and the Government, which have formed a 
tripartite commission that meets on a monthly basis to discuss and 
facilitate solutions for labor problems. The attitude of the Government 
towards organized labor in the EPZ's is the same as in other 
industries.
    In a number of maquiladora plants, workers have shown little 
enthusiasm for unionizing, since they consider their treatment, salary, 
and working conditions to be as good as, or better than, those in 
unionized plants. In the absence of unions and collective bargaining, 
several EPZ plants have instituted solidarity associations that, to 
some extent, function as ``company unions'' for the purposes of setting 
wages and negotiating working conditions. Other EPZ plants use the 
minimum wage to set starting salaries, and adjust wage scales by 
negotiating with common groups of plant workers and other employees, 
based on seniority, skills, categories of work, and other criteria.
    In 1997 a South Korean-owned maquiladora plant agreed to permit an 
independent monitoring group composed of religious, human rights, and 
women's organizations to inspect its facility and observe the working 
conditions of its employees. The national labor confederations objected 
to the agreement because it excluded them, while other maquiladoras 
observed that the monitors lacked relevant expertise in the industry. 
Plant officials gave the independent monitors office space on the 
premises in 1997, but withdrew it in June 1998. However, they continued 
to allow periodic visits by the monitors, who have provided assistance 
to the local union during contract negotiations.
    Labor leaders blame the Government for allowing private companies 
to act contrary to the Labor Code and expect the problem to continue 
until the Ministry of Labor is reorganized to make it more efficient. 
They criticize the Ministry for not enforcing the Labor Code, for 
taking too long to make decisions, and for being timid and indifferent 
to workers' needs. Industry leaders contend that the obsolete and 
cumbersome Labor Code discourages foreign investment and requires 
significant redrafting. A 1995 Memorandum of Understanding between the 
Ministry of Labor and the office of the United States Trade 
Representative calling for greater enforcement of the Labor Code 
resulted in some progress. However, labor unions charged that the 
Ministry has made insufficient progress towards enforcing the code, 
especially in training its labor inspectors and in conducting 
inspections of the maquiladora industry. The Government has 
acknowledged that it does not yet adhere completely to international 
labor standards and in 1997 agreed, along with other Central American 
nations, to fund a regional program to modernize the inspection and 
labor management functions of the Ministry of Labor.
    A South Korean-owned maquiladora, Kimi de Honduras, reached a 
collective bargaining agreement with its workers in March, but in 
August workers took over the plant and held managers captive for 
several hours in a wage dispute. The Ministry of Labor mediated 
effectively, persuading the company to drop legal charges and to reopen 
the factory. The AHM is now assisting the company to improve its 
productivity, which could facilitate future wage increases. In 
September the Yu Yang maquiladora in the same industrial park 
reportedly fired labor organizers, thereby stimulating worker unrest. 
Other labor disputes occasionally occurred at maquiladoras in the San 
Pedro Sula area, principally over delayed payment of wages or failure 
to honor promises regarding pay scales, seniority, or working 
conditions.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution and 
the law prohibit forced or compulsory labor, and this applies equally 
to children; however, while there were no official reports of such 
practices in the area of child labor, there were credible allegations 
of compulsory overtime at EPZ plants, particularly for women, who make 
up an estimated 80 percent of the work force in the maquiladora sector.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution and the Labor Code prohibit the 
employment of minors under the age of 16, except that a child who is 15 
years of age is permitted to work with parental and Ministry of Labor 
permission. The Children's Code prohibits a child of 14 years of age or 
less from working, even with parental permission, and establishes 
prison sentences of 3 to 5 years for individuals who allow children to 
work illegally. An employer who legally hires a 15-year-old must 
certify that the child has finished or is finishing the required 
compulsory schooling. The Ministry of Labor grants a limited number of 
work permits to 15-year-old children each year.
    The Ministry of Labor cannot enforce effectively child labor laws 
outside the maquiladora sector, and violations of the Labor Code occur 
frequently in rural areas and in small companies. According to the 
Ministry, human rights groups, and children's rights organizations, an 
estimated 350,000 children work illegally. The most significant child 
labor problem is in the construction industry. Many children also work 
on small family farms, as street vendors, or in small workshops to 
supplement the family income. Hurricane Mitch exacerbated existing 
child labor problems in every sector of the economy.
    The employment of children under the legal working age in the 
maquiladora sector may occur, but not on a large scale. (Younger 
children sometimes obtain legitimate work permits by fraud or purchase 
forged permits.) The maquiladoras in recent years have raised their 
minimum employment age, and some hire only at age 18 or above, reducing 
the number of legal job opportunities available to persons under 18 
years of age.
    In September 1998, the Government created a National Commission for 
the Gradual and Progressive Eradication of Child Labor (see Section 5).
    Forced or compulsory labor is prohibited, including that performed 
by children, and there were no reports of its use (see Section 6.c.).
    e. Acceptable Conditions of Work.--In the aftermath of Hurricane 
Mitch, labor leaders agreed to forgo the usual January pay increase in 
return for a pledge by business leaders to control price increases for 
basic goods and services. When labor and business reached an impasse on 
wage negotiations in June, the Catholic Church arbitrated a 25 percent 
increase in the minimum wage, which the Government implemented in July. 
Both sides also agreed that, as of January 1, 2000, an 8 percent 
increase would take effect for all workers and that the base for both 
increases would be the minimum wage effective before the salary 
increase in July. There is to be no further raise in the minimum wage 
through 2000, as long as inflation (according to Central Bank 
statistics) does not exceed 12 percent during the first 6 months of the 
year.
    Daily pay rates vary by geographic zone and the sector of the 
economy affected; urban workers earn slightly more than workers in the 
countryside. The lowest minimum wage occurs in the nonexport 
agricultural sector, where it ranges from $2.27 to $2.89 (33 to 42 
lempiras) per day, depending on whether the employer has more than 15 
employees. The highest minimum wage is $3.79 (55 lempiras) per day, in 
the export sector. All workers are entitled to an additional month's 
salary in June and December of each year. The Constitution and the 
Labor Code stipulate that all labor must be paid fairly, but the 
Ministry of Labor lacks the personnel and other resources for effective 
enforcement. The minimum wage is insufficient to provide a decent 
standard of living (above the poverty line) for a worker and family.
    The law prescribes a maximum 8-hour workday and a 44-hour workweek. 
There is a requirement of at least one 24-hour rest period every 8 
days. The Labor Code provides for a paid vacation of 10 workdays after 
1 year, and of 20 workdays after 4 years. However, employers frequently 
ignored these regulations due to the high level of unemployment and 
underemployment and the lack of effective enforcement by the Labor 
Ministry.
    The Ministry of Labor is responsible for enforcing national health 
and safety laws, but does not do so consistently or effectively. Some 
complaints alleged that foreign factory managers failed to comply with 
the occupational health and safety aspects of Labor Code regulations in 
factories located in the EPZ's and private industrial parks. There is 
no provision allowing a worker to leave a dangerous work situation 
without jeopardy to continued employment.
    f. Trafficking in Persons.--The legal code includes provisions 
prohibiting trafficking in persons; however, it is a problem. Weak 
police and court systems hinder law enforcement efforts.
    There were at least six different cases of aliens smuggled to the 
United States that involved force, sequestration (holding persons 
incommunicado against their will), and debt bondage. The most common 
instance involved sequestration of persons until a smuggling fee was 
paid. If the fee is not paid, the smugglers normally seek retribution 
by turning such persons in for deportation proceedings. Many times fees 
are paid by relatives who fear that smugglers may employ violence 
against the smuggled persons. There were two reports of women who were 
coerced into submitting sexually to smugglers in return for their 
freedom. The most common practice involving debt bondage is the 
smuggling of indentured persons, through Honduras from China or South 
America, whose smuggling fee is paid by an employer in the United 
States in return for free or low-paid labor. The Government does not 
provide economic aid or other assistance to victims or potential 
victims of such crimes.
                                 ______
                                 

                                JAMAICA

    Jamaica is a constitutional parliamentary democracy and a member of 
the Commonwealth of Nations. Two political parties have alternated in 
power since the first elections under universal adult suffrage in 1944; 
a third major party was established in late 1995. Prime Minister P.J. 
Patterson's People's National Party (PNP) won 50 of the 60 seats in 
Parliament in national elections in December 1997. The general election 
campaign was significantly less violent than previous electoral 
campaigns. However, there continued to be intimidation of voters and 
party agents and restrictions on the free movement of voters. The 
judiciary is independent but lacks adequate resources.
    The Jamaica Constabulary Force (JCF) has primary responsibility for 
internal security, assisted by the Island Special Constabulary Force. 
The Jamaica Defense Force (JDF--army, air wing, and coast guard) is 
charged with supporting the JCF in maintaining law and order, although 
it has no powers of arrest. While civilian authorities generally 
maintain effective control of the security forces, some members of the 
security forces committed human rights abuses.
    The economy is based on primary products (bauxite and alumina, 
sugar, bananas), services (tourism, finance), and light manufacturing 
(garment assembly). The Government promoted private investment to 
stimulate economic growth and modernization, pursuing in the process a 
sometimes painful program of structural adjustment. In 1998 annual per 
capita income was $2,440, but this figure is misleading as there is a 
large and widening gap between the wealthy and the impoverished.
    The Government generally respects the human rights of its citizens; 
however, serious problems remained in several areas. Members of the 
security forces committed extrajudicial killings and beatings and 
carried out arbitrary arrests and detentions. Although the Government 
moved effectively to punish some of those involved, continued impunity 
for police who commit abuses remains a problem. Prison and jail 
conditions remained poor; overcrowding, brutality against detainees, 
poor sanitary conditions, and inadequate diet are problems. The 
judicial system was overburdened, and lengthy delays in trials were 
common. Violence and economic discrimination against women remained 
problems. Child labor is a problem. Mob violence against those 
suspected of breaking the law also remained a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings.
    The security forces frequently employed lethal force in 
apprehending criminal suspects, usually in the guise of shoot-outs. 
This resulted in the killing by police of 151 persons during the year. 
While allegations of ``police murder'' were frequent, the validity of 
some of the allegations was suspect. This problem is the result of 
unresolved, longstanding antipathy between the security forces and 
certain communities, especially among the urban poor. The JCF conducted 
both administrative and criminal investigations into incidents 
involving fatal shootings by the police. The JCF policy statement on 
the use of force incorporates U.N.-approved language on basic 
principles on the use of force and firearms by law enforcement 
officials.
    From April 19 to 21, there were 3 days of island-wide protests 
following a substantial increase in the tax on various petroleum 
products. The protests were mainly peaceful; some involved blocking 
roads, and some persons took advantage of the situation to loot 
businesses and to stone passing vehicles. In general the security 
forces acted with restraint and professionalism in the course of 
arresting 152 persons, mainly for looting; however, during the 
disturbances the police killed 7 persons and wounded 5 others. Although 
the majority of those killed and wounded were alleged looters, one of 
those shot and killed was an off-duty JDF soldier, who reportedly was 
trying to protect a child from gunfire and was shot by police despite 
allegedly identifying himself as a soldier. At year's end, this case 
was awaiting action by the public prosecutor's office, which had not 
yet brought charges against anyone for killing the soldier.
    At year's end, the police still had not yet made public the results 
of their investigation into the August death of a 26-year-old Kingston 
man, allegedly suffering from clinical depression, whom nine soldiers 
and four policemen beat severely when he tried to walk through a police 
barricade during a curfew. Police arrested the man, who they allege 
pushed apoliceman and tried to take his rifle. He later died from 
peritonitis caused by the beating. The case led local human rights 
groups to demand that the law be changed to allow relatives and their 
representatives to observe the post mortems of persons killed by the 
security forces. Initially, the Government tried to bar an independent 
pathologist from observing the deceased man's autopsy. As a result of 
an independent autopsy paid for by a local human rights nongovernmental 
organization (NGO), a coroner's inquest was convened. On December 22, 
an 11-person coroner's jury returned a 10-to-1 verdict that the death 
was manslaughter. The record was forwarded to the Public Prosecutor's 
office for possible prosecution of the security force members who 
conducted the beating.
    Another case that received national publicity involved the police 
firing on a taxi carrying passengers in Kitson Town in June. The police 
killed the driver--a district constable--and injured one of the 
passengers. It is not clear why police fired on the car, but local 
human rights activists say that the police acted under the mistaken 
belief that the taxi contained someone they wanted. The incident 
triggered a violent protest by the Kitson Town community and resulted 
in the arrest of 26 persons and the burning of 2 police cars. The 
results of the police investigation were sent to the Public 
Prosecutor's office for action.
    Vigilantism, involving spontaneous mob executions in response to 
crime, continued to be a problem. There were 9 vigilante killings 
during the year, compared with 16 in 1998, and 16 in 1997. Official 
investigations into such killings generally do not uncover any 
information, since the persons and the community involved usually band 
together to intimidate potential witnesses.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture and other abuse of prisoners and 
detainees; however, reports of physical abuse of prisoners by guards 
continued, despite efforts by the Government to remove abusive guards 
and improve procedures.
    In December 1998, the court of appeal announced that flogging could 
not be imposed as a punishment because the legislative authority for it 
had expired. This sentence was rarely used; prior to 1994, no sentence 
of flogging had been imposed for 25 years.
    In April 1997, the Police Commissioner criticized the excessive use 
of force by police in Hopewell, Hanover, who shot six persons who were 
demonstrating against the substandard roads and water supply. Although 
the authorities initially charged three policemen with unlawful 
wounding, in December 1998, the court dismissed the case for lack of 
prosecution. The Director of Public Prosecutions could have appealed 
the dismissal, but in May he decided not to do so.
    A Human Rights Watch (HRW) report published in July detailed 
frequent and credible allegations of police abuse in lock-ups, 
including severe beatings, mock executions, and rape. The Government 
did not deny the report's allegations (and one government Minister 
admitted that the situation did not differ much from that described in 
a 1994 HRW report). Human Rights Watch noted that the Government 
responded quickly to remove some children from lockups; however, HRW 
also noted that the Government must undertake a systematic effort to 
curb police abuse effectively and bring sanctions against officers who 
commit abuses. The Government has not demonstrated this type of 
institutional commitment to reform.
    There were reports that police sexually harassed women (see Section 
5).
    Prison conditions remained poor; overcrowding, inadequate diet, 
poor sanitary conditions, and insufficient medical care are typical. 
The July HRW report also criticized the conditions in which juveniles 
are held. The report detailed many cases in which juveniles were 
detained improperly, not given access to legal representation, and held 
in adult lock-ups where they were victimized by adult prisoners. The 
conditions in these lock-ups are harsh, with severe overcrowding, 
intermittent meals, poor lighting, ventilation, and sanitation.
    In general the Government allowed private groups, voluntary 
organizations, international human rights organizations, and the media 
to visit prisons and monitor prison conditions.
    d. Arbitrary Arrest, Detention, or Exile.--The police continued to 
arrest and detain citizens arbitrarily. In 1994 Parliament repealed the 
Suppression of Crimes Act of 1974, which permitted warrantless searches 
and the arrest of persons ``reasonably suspected'' of having committed 
a crime. However, the Jamaica Constabulary Force Act now contains 
several of these provisions, and there were continued reports that the 
police abused these provisions. In March 1997, the Jamaican Bar 
Association (JBA) protested that the police were unlawfully detaining 
and fingerprinting groups of citizens in poor, inner city areas. At the 
time, the Police Commissioner disavowed the practice and ordered it 
discontinued; however, both the JBA and the Independent Jamaica Council 
for Human Rights state that the practice continues. This was confirmed 
in July, when police rounded up 52 men from the Grant's Pen area of 
Kingston. The men reportedly were fingerprinted, photographed, and then 
released without being charged.
    A July case involving the detention and forced transport of 32 
persons (many of whom were reportedly mentally ill), who were living on 
the streets in a Montego Bay business district, triggered a national 
debate about police action and the dignity of citizens. These persons 
were rounded up during the night; some allegedly were bound and sprayed 
with pepper spray. They then were transported in an open truck 
belonging to the St. James Parish Council (the local government in 
Montego Bay) and released in a rural area of a neighboring parish. In 
July the authorities suspended five policemen from duty pending an 
investigation, which failed to uncover sufficient evidence for the 
Public Prosecutor to charge anyone with a crime. Upon further 
investigation, in October the authorities charged three persons 
(including a police inspector and two public sector employees) with 
false imprisonment and assault. However, few believe that only three 
persons were involved; it is believed widely that the police were 
involved and acted at the behest of Montego Bay merchants and with the 
acquiescence of the local government, and that large sums of ``hush 
money'' were paid as part of a coverup; both groups denied any 
knowledge or involvement. The local media severely criticized the 
apparent coverup, with one talk show going so far as to offer a $6,250 
(J$250,000) reward for information leading to the identification of the 
parties responsible.
    The law requires police to present a detainee in court within 48 
hours of detention, but the authorities continued to detain suspects, 
especially those from poor neighborhoods, without bringing them before 
a judge within the prescribed period. Magistrates inquire at least once 
a week into the welfare of each person listed by the JCF as detained. 
There is a functioning bail system.
    Foreign prisoners must pay for their own deportation once they have 
completed their sentences. If they cannot afford to pay, they are 
jailed until relatives or consulates can arrange for transportation. In 
effect this constitutes an additional prison term for indigent 
foreigners.
    The Constitution prohibits exile, and no instances of exile 
occurred.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, which exists in practice. However, the judicial 
system is overburdened and operates with inadequate resources.
    Three courts handle criminal matters at the trial level. Resident 
magistrates try lesser offenses (misdemeanors). A Supreme Court judge 
tries felonies, except for felonies involving firearms, which are tried 
before a judge of the Gun Court. Defendants have the right to appeal a 
conviction in any of the three trial courts to the Court of Appeal, 
which is the highest court. The Constitution allows the Court of Appeal 
and the Parliament to refer cases to the Judicial Committee of the 
Privy Council in the United Kingdom as a final court of appeal.
    The lack of sufficient staff and resources hinders due process. 
Trials in many cases are delayed for years, and other cases are 
dismissed because files cannot be located. The Government initiated a 
night court in 1995, which has had some success in reducing the backlog 
of cases.
    While the defendant's right to counsel is well established, the 
courts appoint counsel for the indigent only for serious offenses 
(e.g., murder, rape, robbery, and gun offenses). However, the law does 
not consider many offenses, including wounding with intent to cause 
great bodily harm, as ``serious,'' and the courts try many defendants 
without benefit of counsel.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits arbitrary intrusion by the 
State into the private life of an individual. The revised Jamaica 
Constabulary Force Act continues to give security personnel broad 
powers of search and seizure similar to those granted by the former 
Suppression of Crimes Act (see Section 1.d.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government respects these 
rights in practice.
    The Government privatized the Jamaica Broadcasting Company in 1997, 
and the television station and two radio stations it operated became 
privately owned. The Government's broadcasting commission has the right 
to regulate programming during emergencies. Foreign television 
transmissions are unregulated and available 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.
    The Government does not restrict academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government respects this 
right in practice.
    Widespread public protests over gasoline price increases in April 
led to the closure of businesses, as demonstrators resorted to 
violence. The police killed and wounded a number of persons (see 
Section 1.a.).
    The Constitution provides for freedom of association, and the 
Government respects this right in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the authorities respect them in practice.
    The Government provides asylum or refugee status in accordance with 
the provisions of the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol.
    The Government cooperates with the office of the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees. The Government provides first asylum, and provided 
it to approximately 40 persons in 1994. Similar but smaller numbers of 
first asylum cases, mainly Cubans and Haitians, were accepted in 1995 
and 1996, but none have been accepted since. The Government established 
a committee and formal procedures to review claims to refugee status. 
This committee has denied all claims to refugee status by Cubans and 
Haitians who have arrived in Jamaica since 1994.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in periodic 
elections held on the basis of universal suffrage. All citizens age 18 
and over have the right to vote by secret ballot. However, voters 
living in so-called garrison communities, which are located in inner-
city areas dominated byone of the two major political parties, face 
substantial impediments to the free exercise of their right to vote. 
During the 1997 general election campaign, both international and local 
observer groups concluded that, although the process was significantly 
less violent than recent election campaigns, problems persisted in the 
garrison communities. These problems included intimidation of party 
agents and voters of nondominant parties and restrictions on the 
movement of voters and election workers. Some areas are so dominated by 
one party that the polls simply closed early and vote counts were taken 
that resulted in 100 percent (or nearly 100 percent) of the votes being 
awarded to the dominant party. These problems persisted in the December 
1997 election, despite the best efforts of the security forces, which 
were credited with controlling violence, such as the beating of voters, 
and reducing election malpractice, such as the theft of ballot boxes 
from polling places.
    There are no legal restrictions on the participation of women in 
politics; however, they are underrepresented. Women hold about 13 
percent of all political offices and 30 percent of the senior civil 
service positions. Two of the 16 cabinet members are women, as is the 
PNP General Secretary.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups operate without government 
restriction, investigating and publishing their findings on human 
rights cases. The Independent Jamaica Council for Human Rights (IJCHR) 
remains the country's only formal organization concerned with all 
aspects of human rights. However, a new human rights group, Jamaicans 
for Justice, was created in August in response to widespread concern 
about police impunity. The new NGO focuses on the issues of 
extrajudicial killing and excessive use of force by the police. 
Government officials are generally cooperative and responsive to the 
views of human rights organizations.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination on grounds of race, place 
of origin, political opinions, color, creed, or sex. The Government 
largely enforces these prohibitions in practice, except for widespread 
discrimination on the basis of political opinion in the distribution of 
scarce governmental benefits, including employment, especially in the 
garrison communities (see Section 3).
    Women.--Social and cultural traditions perpetuate violence against 
women, including spousal abuse. Violence against women is widespread, 
but many women are reluctant to acknowledge or report abusive behavior, 
leading to wide variations in estimates of its extent. The Domestic 
Violence Act of 1995 came into effect in 1996. It provides remedies for 
domestic violence, including restraining orders and other noncustodial 
sentencing.
    There were anecdotal reports that the police sexually harassed 
women. One case of this type involved a young woman who was protesting 
peacefully the April gas tax increase and allegedly was arrested for no 
apparent reason. The incident, which was videotaped and widely 
broadcast, angered women throughout the country and contributed to the 
large turnout for the Women's March for Justice, an event that received 
international media coverage.
    Women suffer from economic discrimination and sexual harassment in 
the workplace. The Constitution and the 1975 Employment Act accord 
women full equality. The Bureau of Women's Affairs in the Ministry of 
Labor oversees programs to ensure the legal rights of women. These 
programs have had limited effect but have raised the awareness of 
problems affecting women. In 1996 the Government established a steering 
committee, charged with creating a Commission on Gender and Social 
Equity. The committee forwarded its recommendations to Parliament, 
which accepted them; Parliament continued to discuss methods of 
implementation at year's end.
    A number of active women's rights groups exist. They are concerned 
with a wide range of issues, including employment,violence against 
women, political representation, and the image of women presented in 
the media. Their effectiveness is mixed, but the groups were successful 
in advocating enactment of the Domestic Violence Act.
    Children.--The Government is committed to improving children's 
welfare. The Ministry of Education, Youth, and Culture is responsible 
for implementation of the Government's programs for children.
    There is no societal pattern of abuse of children. The Juvenile Act 
of 1951 deals with several areas related to the protection of children, 
including the prevention of cruelty, a 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, resource constraints 
have resulted in juveniles ``in need of care or protection'' being 
incarcerated in police lock-ups with adults. The Government has not 
made resources available to construct additional facilities for 
juveniles (see Section l.c.).
    People with Disabilities.--No laws mandate accessibility for people 
with disabilities. Several government agencies and NGO's provide 
services and employment to various groups of disabled citizens. In 
January 1998, the Prime Minister appointed the first blind member of 
the Senate, an action that is expected to raise the parliamentary 
profile of problems affecting disabled persons. In July an incident in 
which police rounded up 32 persons (many of whom reportedly were 
mentally ill) triggered a national debate over police action (see 
Section 1.c.).
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right to 
form or join a trade union, and unions function freely and 
independently of the Government. The Labor Relations and Industrial 
Disputes Act (LRIDA) defines worker rights. There is a spectrum of 
national unions, some of which are affiliated with political parties. 
Approximately 15 percent of the work force is organized.
    The LRIDA neither authorizes nor prohibits the right to strike, but 
strikes do occur. Striking workers can interrupt work without criminal 
liability but cannot be assured of keeping their jobs. Workers in 10 
broad categories of ``essential services'' are prohibited from 
striking, a provision the International Labor Organization (ILO) 
repeatedly condemned as overly inclusive. The Government did not 
declare any strikes illegal during the year.
    Unions maintain a wide variety of regional and international 
affiliations.
    b. The Right to Organize and Bargain Collectively.--The Government 
rarely interferes with union organizing efforts. Judicial and police 
authorities effectively enforce the LRIDA and other labor regulations. 
All parties are committed firmly 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. The IDT generally handles 35 to 40 cases each year. Most are 
decided within 90 days, but some take longer to resolve due to the 
complexity of the dispute or delays requested by the parties. The LRIDA 
prohibits antiunion discrimination, and 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 3 zones--established in 1972, 1985, and 1988--that employ 10,039 
workers. Organizers attribute this circumstance to resistance by 
foreign owners in the zones to organizing efforts, but 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; these 
are generally as good as or better than those in similar industries 
outside the zones. The Ministry of Labor is required to perform 
comprehensive factory inspections in the free zones once eachyear, and 
actually performs them at 6- to 9-month intervals. There were no 
reports of substandard or unsafe conditions in the free zone factories.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
does not specifically address the matter of forced or compulsory labor 
for either adults or children, but there were no reports that this 
practice exists.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Juvenile Act provides that children under the age of 
12 shall not be employed except by parents or guardians, and that such 
employment may only be in domestic, agricultural, or horticultural 
work. However, enforcement is erratic. Children under the age of 12 
peddle goods and 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 between 6 and 
11 years of age must attend elementary school. Industrial safety, 
police, and truant officers are charged with enforcement. However, due 
to difficult economic circumstances, thousands of children are kept 
home to help with housework and avoid school fees. A 1994 report by the 
U.N. Children's Fund (UNICEF) stated that 4.6 percent of children below 
the age of 16 worked to help support their households. In December the 
Minister of Labor, Welfare, and Sport made a widely reported speech in 
which she stated that 23,000 children were engaged in child labor. 
While the Constitution does not prohibit forced or bonded labor by 
children, such practices were not known to occur (see Section 6.c.).
    e. Acceptable Conditions of Work.--The minimum wage, raised from 
$20 (J$800) to $30 (J$1,200) per week in August, is widely considered 
inadequate to provide a decent standard of living for a worker and 
family. 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 observed widely.
    The Labor Ministry's Industrial Safety Division sets and enforces 
industrial health and safety standards, which are considered adequate. 
Industrial accident rates, particularly in the bauxite and alumina 
industry, remained low. 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 with 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.
    f. Trafficking in Persons.--The law does not prohibit specifically 
trafficking in persons; however, there are laws against assault and 
fraud, and other laws establish various immigration and customs 
regulations. There were no reports that persons were trafficked in, to, 
or from the country.
                                 ______
                                 

                                 MEXICO

    Mexico is a federal republic of 31 states and the Federal District, 
with an elected president and a bicameral legislature. President 
Ernesto Zedillo of the Institutional Revolutionary Party (PRI) was 
elected in 1994 to a single 6-year term. The PRI, the oldest and 
largest political party, enjoys significant advantages in patronage, 
incumbency, and fund-raising, and has won every presidential election 
since the party's founding in 1929, some of which involved credible 
allegations of fraudulent practices. However, in largely free and fair 
elections in 1997, the PRI lost its absolute majority in the lower 
house for the first time, and the two main opposition parties--the 
Democratic Revolutionary Party (PRD) and the National Action Party 
(PAN)--have become firmly established and continue to be competitive in 
elections. Politically motivated violence continued to plague the 
southern states of Chiapas, Guerrero, and Oaxaca. The peace process in 
Chiapas between the Government and the Zapatista National Liberation 
Army (EZLN) remained stalled, although in September the Government 
proposed a new peace initiative to restart talks. The judiciary is 
generally independent; however, it occasionally has been influenced by 
the executive branch.
    The military shares responsibility for internal security with the 
police forces, which include federal and state judicial police, the new 
federal preventive police, the municipal police, and various police 
auxiliary forces. Elected civilian officials have control over the 
military and police; however, corruption is widespread within police 
ranks and also is a problem for the military. The military maintains a 
strong presence in the states of Chiapas and Guerrero. Military 
personnel and police officers continued to commit serious human rights 
abuses.
    The Government continued to deregulate and open the market-based, 
mixed economy. The real rate of growth in gross domestic product (GDP) 
in 1998 was 4.8 percent and the inflation rate was 18.6 percent. One-
fourth of the population reside in rural areas where subsistence 
agriculture is common. Per capita GDP in 1999 was about $4,600. The 
economy is still recovering from the 1994 economic crisis, and real 
wages are less than before the crisis. Leading exports include 
petroleum, automobiles, and manufactured and assembled products, 
including electronics and consumer goods. Income distribution remained 
skewed; the top 20 percent of the population received about 60 percent 
of total income, while the bottom 20 percent earned less than 5 
percent.
    The Government generally respected many of the human rights of its 
citizens; however, serious problems remain in several areas, and in 
some states where a poor climate of respect for human rights presents 
special concern. Continued serious abuses include extrajudicial 
killings; disappearances; torture and other abuse; police corruption 
and alleged involvement in narcotics-related abuses; poor prison 
conditions; arbitrary arrest and detention; lengthy pretrial detention; 
lack of due process; judicial inefficiency and corruption; illegal 
searches; attacks and threats against journalists; some self-
censorship; assaults, harassment, and threats against human rights 
monitors; violence and discrimination against women; child prostitution 
and abuse; discrimination against indigenous people; violence and 
discrimination against religious minorities; violence against 
homosexuals; limits on worker rights; extensive child labor in 
agriculture and in the informal economy; and trafficking in persons.
    The Government's efforts to improve the human rights situation have 
met with limited success. Although the Government has sanctioned some 
public officials, police officers, and members of the military, a 
culture of impunity continues to pervade the security forces. The 
Government continued to support the National Human Rights Commission 
(CNDH), and Congress amended the Constitution to grant it greater 
autonomy from the executive branch. However, the CNDH primarily 
investigates complaints against federal authorities and has no 
enforcement powers.
    Armed civilian groups operating in the state of Chiapas were 
responsible for human rights abuses. The incidence of narcotics-related 
violence and human rights abuses also increased, allegedly with the 
assistance of members of the security forces. Guerrilla attacks against 
government property and personnel continued.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Members of the 
security forces, both the military and police, committed political and 
other extrajudicial killings.
    On March 4 in the state of Guerrero, men dressed in Federal 
Judicial Police uniforms and armed with automatic weapons killed 
Aurelio Garcia, a former state attorney general and advisor to the 
PRD's unsuccessful gubernatorial candidate in the February 7 election. 
On April 16, the authorities charged Bernardino Alvear Villa and Juan 
Valdovinos Rodriguez in connection with this murder. The Federal 
Attorney General's (PGR) investigation continued at year's end.
    On May 8, the military admitted that soldiers killed two farmers 
during the month of April (see Section 1.g.).
    On May 15, Federal Fiscal Police killed 1 immigrant when they 
opened fire on a van containing 23 persons. The PGR opened an 
investigation into the incident and detained three Federal Fiscal 
Police officers. Press reports indicate that at least one of the 
officers detained also was involved in a similar incident on March 17 
when the Federal Fiscal Police opened fire on a van. The police wounded 
4 of the 45 passengers but did not kill anyone in that incident.
    On August 12, a judge ordered the arrest of current and former 
Tamaulipas PGR officials Carmen Oralio Castro Aparicio, Aurelio Soto 
Huerta, Jose Isabel Lopez Rivas, Gabriel Angel Gutierrez Portillo, and 
Ramiro Garcia Eugenio. They are charged with the murder of fellow PGR 
official Jaime Rajid Gutierrez Arreola.
    On October 3, Cosem Demian Sanchez Sastre, a member of the 
Zapatista National Liberation Front (FZLN, the political branch of the 
EZLN), was found dead in his cell in a Tijuana detention facility. 
Police arrested him along with two others on charges of possession of 
marijuana and public intoxication the previous evening. The authorities 
announced that the official cause of death was suicide by hanging. 
However, Sanchez's family and fellow FZLN members claim that at least 
two witnesses saw prison guards beat him to death. The Binational 
Center for Human Rights office in Tijuana also protested the official 
cause of death. Sanchez was the fourth person to die in this Tijuana 
detention center during the year.
    There have been numerous reports of executions carried out by rival 
drug gangs, whose members have been proven to include both active and 
former federal and state security personnel.
    Throughout the country, but particularly in the northern border 
states, violence related to narcotics trafficking increased. The police 
and military were accused of being responsible for disappearances, 
arbitrary detentions, torture, use of excessive force, and other 
serious human rights violations as they carried out the Government's 
efforts to combat drug cartels.
    Narcotics-trafficking organizations included corrupted public 
officials. The former governor of Quintana Roo, Mario Villanueva 
Madrid, is suspected of having aided narcotics-trafficking 
organizations. He fled shortly before his term of office expired and at 
year's end was still being sought by federal authorities. Villanueva 
Madrid claims that he is innocent and alleges that he is the victim of 
a political frameup.
    On March 24, a court convicted the former Morelos state attorney 
general, Carlos Peredo Merlo, of tolerating the coverup of the 
kidnaping, torture, and murder of Jorge Nava Aviles in 1998 and 
sentenced him to 3 years and 7 months in prison. However, a higher 
court later reduced his sentence to less than 2 years. The killing of 
Nava Aviles was discovered when the then-chief of the antikidnaping 
unit and other members of the Morelos state judicial police were found 
dumping his body alongside a highway. The court also convicted 
Cuernavaca's former deputy prosecutor and the former director of the 
judicial police on related charges in the same case and sentenced each 
of them to 3 years and 3 months. The remaining persons accused in this 
case still were awaiting trial at year's end.
    In another incident, and following a public campaign by the 
victim's family, the authorities brought charges against two police 
officers in February for the 1998 robbery and murder of a foreign 
visitor in a death that first had been ruled accidental. Video cameras 
from automatic teller machines showed police officers Lucio Tapia 
Galindo and Francisco Leon Gonzalez withdrawing money from the victim's 
account. The two officers also were implicated in similar incidents 
involving foreign tourists. They fled the country, but were brought 
back to stand trial. In February the court found them guilty of robbery 
and murder.
    In January the PGR arrested two former Chiapas officials, public 
security official Absalon Gordillo Diaz and prosecutor Roberto Arcos 
Jimenez, and charged them with crimes relating to the December 1997 
massacre of 45 persons in Acteal, Chiapas. In the first convictions for 
actual involvement in the Acteal massacre, on July 19 a court sentenced 
20 persons to 35-year prison terms on charges including homicide, 
assault, and illegal possession of firearms. In September the court 
sentenced a second group of 24 persons to 35-year prison terms on 
similar charges. Former mayor of Chenalho Jacinto Arias Cruz, believed 
to have played a significant role in the Acteal massacre, was among 
those sentenced. At year's end, the court had not ruled on charges 
against more than 80 other individuals.
    The September 1997 killing by police of six youths during a police 
operation in the Mexico City neighborhood of Buenos Aires remains 
unresolved. The authorities brought charges against only 6 of the 26 
police officers originally accused of the crime, and charged only 1 of 
the 6, Eleazar Perez Zavala, with homicide.
    The courts have convicted 9 former public officials and 13 former 
police officers of crimes in the 1995 Aguas Blancas massacre of 17 
indigenous farmers. In April a circuit court released 15 former 
Guerrero state police officers without bringing them to trial. Former 
Guerrero governor Ruben Figueroa is alleged to have masterminded the 
massacre. However, the authorities never thoroughly investigated this 
allegation and never charged him with any crime.
    In February 1998, Gerardo Villarreal Rodriguez died in Nuevo Leon, 
after being tortured by four state police officers. His body was 
discovered the next day in a shallow grave. A local television station 
broadcast a taped conversation in which state police chief Americo 
Melendez Reyna asked the state attorney general for help in covering up 
the crime. Melendez Reyna immediately left office; the authorities 
prosecuted him but did not bring charges against any of the alleged 
torturers.
    In June 1998, in El Charco, Guerrero, army troops killed 12 alleged 
members of the rebel Revolutionary Army of the People's Insurgency 
(ERPI), a breakaway faction of the People's Revolutionary Army (EPR), 
in a firefight. Five individuals were wounded and 22 were arrested. 
After investigating the incident, human rights NGO's found it 
suspicious that the military had sustained no casualties if, as the 
army asserted, there had been an intense firefight between troops and 
well-armed guerrillas. The authorities later released 20 of the persons 
arrested during the incident; they kept 2 persons in jail and 
subsequently arrested 2 more individuals. The Government charged the 
four persons with rebellion, possession of illegal weapons, and 
organized delinquency. The authorities insisted that those detained 
confessed to being guerrilla leaders, while the accused claimed that 
the confessions were false and extracted under torture. A judge in 
Acapulco upheld a ruling in January that the four are presumed members 
of the ERPI; they remained in prison, and a CNDH investigation into 
their allegations of torture continued during the year.
    There was no information available on the investigation of the June 
1998 killing of an alleged migrant smuggler, in which seven members of 
the Grupo Beta police unit were detained. Officials were investigating 
whether the victim was killed after he had been detained and whether 
evidence was planted on him.
    There were no new developments in the investigation into the March 
1997 incident at San Pedro Nixtalucum, El Bosque municipality, Chiapas, 
in which police killed 4 persons and detained 24 others during a 
confrontation between PRI supporters and opponents.
    On May 20, a court sentenced former judicial police officer Mario 
Alberto Gonzalez Trevino to a total of 49 years in prison for the 
torture and murder in 1990 of Norma Corona Sapien, a cofounder of the 
Sinaloa Human Rights Defense Commission. Corona Sapien had been 
investigating narcotics-related violence.
    Some killings apparently were politically motivated. Jorge Aguirre 
Meza, cofounder of the Sinaloa Human Rights Defense Commission and a 
mayoral candidate in the municipality of Navolato, was killed on 
January 27. The other two cofounders of the defense commission, Jesus 
Michel Jacobo and Norma Corona Sapien, were killed in 1987 and 1990, 
respectively. The authorities have not charged anyone with Aguirre 
Meza's murder.
    In June a police officer in Naucalpan, in the state of Mexico, 
killed Mauricio Martinez Hernandez, a municipal worker. Union activists 
and members of the opposition PAN party claimed thatthe killing was 
politically motivated. The authorities arrested one officer, who was 
tried and convicted for murder. A second suspect remained a fugitive at 
year's end.
    Violence in the predominately indigenous state of Oaxaca increased. 
On May 9, PRD Senator Hector Sanchez Lopez and two companions were 
shot. All three survived the attack, which occurred near the town of 
Chalcatongo. There is some dispute whether the attack was politically 
motivated, and the PGR was investigating.
    On May 11, the leader of an indigenous rights movement, Heriberto 
Pazos Ortiz, was shot and seriously wounded in the Oaxaca capital. Two 
other politically active indigenous leaders were killed in the same 
attack. On August 10, the secretary general of an organization 
supporting the Triqui indigenous group was killed as he left his home.
    On October 3, a group of men armed with AK-47 assault weapons 
attacked an Acapulco city councilor-elect and his family en route to a 
PRD election victory celebration. The councilor's son was killed, and 
the councilor seriously wounded. State authorities charged a PRD 
activist with the crime and alleged that he was affiliated with the 
ERPI insurgent group. The suspect later repudiated a confession that he 
alleges was coerced by torture. PRD officials rejected the results of 
the state investigation as falsified and called for federal 
intervention. Human rights observers charged that state and federal 
authorities used the investigation into electoral violence to repress 
opposition parties and peasant organizations by linking the political 
opposition to insurgent groups.
    On January 5, a group of persons killed villagers in Tzacabel, 
Chiapas, including a 4-year-old child. One survivor notified the state 
authorities, who arrested three men on January 8 in connection with the 
killings. One report of the incident asserted that a landowner hired 
the suspects to avenge the theft of two weapons. Another report 
described the attackers as men dressed in black who pretended to be 
police officers looking for thieves. Chiapas police said that they had 
detained a total of six persons in the attack, including two women. On 
the same day, state authorities found the remains of three indigenous 
persons and were investigating their killing.
    In January Raul Salinas de Gortari, brother of former president 
Carlos Salinas, was convicted of ordering the 1994 murder of PRI leader 
Jose Francisco Ruiz Massieu. Salinas, who maintains his innocence, was 
sentenced to 50 years in prison. On appeal, the court reduced his 
sentence to 35 years' imprisonment.
    There has been some progress in solving the disappearances and 
murders, beginning in 1993, of about 200 women near Ciudad Juarez. Most 
of the victims were young women working in the in-bond export 
processing (maquila) sector. According to the state's special 
prosecutor for crimes against women, the authorities had completed 
investigations and filed charges or obtained convictions in 80 percent 
of the 198 cases under their purview from 1993 through 1999. Of the 46 
cases discovered in 1998 and 1999, the authorities have investigated 
and made arrests in the majority of the killings. In February a court 
sentenced Abdel Latif Sharif to 30 years in prison for committing one 
of these murders. He is also alleged to have hired two persons to prove 
his innocence; they have been accused of 16 murders between them. There 
is no evidence that Sharif or his accomplices had political motives for 
their alleged crimes.
    Several human rights organizations and the U.N. Special Rapporteur 
on Extrajudicial Executions, Asma Jahangir, who visited the country in 
June, believe that the limited progress in solving these murders was 
due to the fact that most of the victims were poor, young women, few of 
whom had anyone to press the authorities for intensive investigation. 
However, police incompetence, prosecutorial ineptitude, and lack of 
investigative resources also hampered the investigation. No one else 
has been charged in any of the other 184 disappearances or murders, 
which apparently stopped after Sharif's arrest (see Section 1.b.).
    Narcotics-trafficking organizations committed many killings. Human 
rights groups allege that military and police forces are responsible 
for some killings generally attributed to narcotics traffickers or 
other criminals, including some of those whose bodies were discovered 
in Chihuahua in December (see Section 1.b.).
    There were many reports of vigilante killings and violence during 
the year. For example, in Mexico City there were at least two incidents 
in which bus passengers overpowered would-berobbers and beat them 
before police could intervene. Only the alleged robbers were reportedly 
prosecuted in these incidents.
    b. Disappearance.--There continued to be credible reports of 
disappearances. In 1998 the CNDH registered 42 complaints of 
disappearance, compared with 30 in 1997. It was able to resolve 25 of 
these cases. The CNDH also is working to establish a nationwide 
database to assist in the identification of unknown remains. By the end 
of 1998, 20 states had agreed to take part in this network.
    Kidnaping is a seriously underreported crime throughout the 
country. After the authorities arrested state police officers in 
Morelos in January 1998 for participation in the operations of a 
kidnaping ring, the state police force was subsequently purged and no 
further such incidents were reported. In Baja California human rights 
groups claimed that 79 kidnapings took place in 1998 and 13 in the 
first 2 months of the year. The groups blamed the increase on local 
kidnaping rings and the lack of police response to escalating crime.
    As of December 22, a total of nine bodies had been recovered from 
graves in the state of Chihuahua. The authorities believe that the 
graves were used by narcotics-trafficking organizations, and that some 
of the remains found are of the 224 persons reported missing in the 
state since 1994. The Chihuahua-based Committee for the Defense of 
Human Rights alleges that military and police forces are responsible 
for some of the disappearances. It also claims that at least 20 of the 
disappearances were politically motivated, but there was no evidence 
offered to support these claims. The Association of Families of the 
Disappeared Persons also has alleged that the security forces were 
behind many of the disappearances and has argued that the cases were 
not investigated properly for that reason.
    According to the January Human Rights Watch report, many 
disappearance cases were in fact cases of prolonged detention by 
security forces. The report detailed incidents that occurred in 
previous years, and numerous human rights groups credibly asserted that 
disappearances continued to occur.
    On June 10, Jose Hidalgo Perez, a member of a politically active 
family in San Cristobal de las Casas, disappeared in the state of 
Chiapas. No motive was found for his disappearance. On June 24, human 
remains were found alongside the Nachiv-Yalentay highway and were to be 
DNA-tested to determine if they belong to Hidalgo Perez. However, the 
Miguel Agustin pro-Juarez Human Rights Center (PRODH) said that the PGR 
claimed that the skull was too deteriorated to provide a DNA sample; no 
one had been arrested in the case by year's end.
    There was no progress in the investigations of the 1995 
disappearances of peasant leader Gilberto Romero Vasquez or journalist 
and human rights activist Cuauhtemoc Ornelas Campos.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture; however, it continues 
to be a serious problem. The Constitution excludes as evidence 
confessions obtained in the absence of the accused's defense attorney, 
and the law excludes coerced confessions, including those extracted 
under torture; however, the police regularly obtain information through 
torture, prosecutors use this evidence in courts, and the courts 
continue to admit as evidence confessions extracted under torture. The 
authorities prosecute and punish few officials for torture, and this 
impunity abets the practice.
    In her annual address in June, the president of the CNDH 
acknowledged that torture continues to be a serious human rights 
problem. She cited the PGR and the Defense Secretariat as the principal 
organizations responsible for the use of torture. Although the CNDH 
reported receiving only 21 complaints of torture in 1998, this figure 
likely understates the extent of the use of torture. In a report 
published in July, the U.N. Human Rights Committee expressed concern 
that laws aimed to prevent torture were inadequate because of the 
absence of an independent body to investigate allegations of 
mistreatment. There are persistent reports by nongovernmental 
organizations (NGO's) of the widespread use of torture by the police 
and the security forces. Nigel Rodley, the U.N. Special Rapporteur on 
Torture, reported in January 1998 that torture continued to occur 
despite the fact that the country had in place an array of legal 
safeguards.
    The authorities punish few officials for torture, which continues 
to occur in large part because confessions are the primary evidence in 
many criminal convictions. Poorly trained and inadequately equipped to 
investigate crimes, police officers often attempt to solve crimes by 
rounding up likely suspects and then extracting confessions from them 
by force. Many victims do not report, or do not follow through on, 
their complaints against the police due to fear of reprisals, thereby 
hampering prosecution of the perpetrators.
    State human rights commissions also received reports of torture 
allegedly committed by police. The Jalisco state Human Rights 
Commission charged in September that the state attorney general, Felix 
Ledezma Martinez, and the mayor of Guadalajara, Francisco Ramirez 
Acuna, impeded an investigation into an alleged case of torture. The 
state commission claimed that information was withheld to protect high-
ranking members of the Guadalajara municipal police force.
    On September 15, the president of the Mexico City Human Rights 
Commission (CDHDF), Luis de la Barreda, announced that during the 
CDHDF's 6 years of existence, the Mexico City attorney general's office 
(PDJDF) was the subject of the majority of its recommendations 
regarding torture. The commission made 14 recommendations involving 18 
alleged perpetrators; 7 against the PDJDF, 6 against the Director 
General of Prisons, 3 against the Secretary of Public Security, and 2 
against the Director General of Public Health. As of September 13, the 
CDHDF had investigated 44 security personnel for the use of torture. It 
had 17 of these cases still under investigation, dismissed 5, and had 
found culpable 22 public officials. However, the authorities had yet to 
arrest 11 of those found culpable.
    Government officials conceded the country's serious human rights 
shortcomings. U.N. High Commissioner for Human Rights (UNHCHR) Mary 
Robinson, who visited the country in November, characterized President 
Zedillo's admission that serious human rights violations occur as a 
positive sign. In an effort to fight corruption and provide better 
public security, the Government created a new federal preventive police 
force. The 12,000-person force is to include approximately 5,000 
transferred military personnel, when it reaches full strength. The 
inclusion of former military personnel led to criticism from some human 
rights NGO's.
    Official corruption and complicity in crime continues to be a 
source of human rights violations. Some forms of corruption are less 
serious but illustrate the widespread nature of the problem. For 
example, in August Mexico City police chief Alejandro Gertz removed 
ticketing authority from all male traffic police officers in an effort 
to respond to the public's lack of confidence in police integrity. At 
the time, Gertz proclaimed that he was doing so because female officers 
were less liable to become corrupt. However, a few months later Gertz 
admitted that he was wrong; female traffic officers turned out to be as 
susceptible to corruption as their male counterparts.
    Public security officials also committed more serious crimes. For 
example, Human Rights Watch reported that in June, federal police 
officers beat a state police bodyguard who was assigned to protect the 
editor of the magazine Pulso, who had received death threats after 
reporting on the drug trade.
    A 1998 report by the Inter-American Commission on Human Rights 
(IACHR) described a definite pattern of rape and sexual assault 
committed by state agents. The Commission stated that it had received 
information indicating that some women, particularly those in 
detention, were the victims of sexual assault either by or with the 
consent of state agents.
    In a case that received widespread publicity, in July a court 
convicted 15 Mexico City mounted police officers for the abduction, 
sexual abuse, and rape of 3 teenage girls in 1998. In May soldiers 
allegedly raped two women in Chiapas (see Section 1.g.).
    Police extorted money from street children, at times abused 
homosexuals (see Section 5), violated the rights of illegal immigrants 
(see Section 2.d.), and used force against strikers (see Section 2.b.).
    Prison conditions are poor. Many prisons are staffed by 
undertrained and corrupt guards, and some lack adequate facilities. The 
penal system comprises 441 facilities: 4 federal penitentiaries, 8 
Federal District prisons, 280 stateprisons, and 149 municipal jails. 
Prison overcrowding is a common complaint, despite an early release 
program endorsed by the CNDH and legal reforms reducing the number of 
crimes that carry mandatory prison sentences. For example, La Mesa 
state penitentiary in Tijuana, built to hold 1,800 inmates, has a 
prison population of at least 4,300. The situation is no better in 
other parts of the country. It is estimated that the majority of 
prisons have populations 50 percent in excess of intended capacity. At 
a prison undergoing renovation in the state of Chiapas, the authorities 
assigned up to eight prisoners to cells designed to hold two inmates.
    Prisoners complain that they must purchase food, medicine, and 
other necessities from guards or bribe guards to allow the goods to be 
brought in from outside. In 1998 Federal District prison director 
Carlos Tornero Diaz admitted that guards supply 40 percent of the 
illegal drugs smuggled into the prisons and that inmates lacked 
sufficient drinking water. While the authorities investigate some 
prison officials for abusing prisoners, they more commonly dismiss 
those who commit abuses or charge them with only minor offenses.
    Drug and alcohol abuse is rampant in prisons. A Baja California 
state official estimated that 80 percent of the state's prison 
population is addicted to drugs. Conflicts between rival prison groups 
involved in drug trafficking continue to occur.
    In many prisons inmates exercise authority, displacing prison 
officials. Influence peddling, drug and arms trafficking, coercion, 
violence, sexual abuse, and protection payoffs are the chief methods of 
control used by prisoners against their fellow inmates. Corruption and 
poor conditions led to riots and escapes. A March 18 riot at La Loma 
prison in Nuevo Laredo reportedly arose from the planned transfer of an 
inmate considered to be the leader of the prison population. There were 
several other prison riots, notably in Ciudad Juarez and in the state 
of Chiapas. According to the Tabasco state government, nine inmates 
were killed in prison riots following severe flooding in that state.
    Although the Constitution calls for separation of juveniles from 
adult prisoners, men from women, and convicted criminals from detainees 
held in custody, in practice these requirements were violated routinely 
as a result of overcrowding and corruption. Moreover, according to 
information from 1998, prison officials encouraged sexual liaisons 
between female inmates and male prisoners and guards.
    There is no specific law or regulation allowing human rights 
organizations or other NGO's to visit prisons; however, in practice 
such visits are allowed in certain situations. The Government granted 
special advance permission for the ICRC to visit prisoners charged in 
politically sensitive cases in Guerrero, Chiapas, and Oaxaca.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention; however, the police continued 
to arrest and detain citizens arbitrarily. Arbitrary arrest and 
detention were among the most common human rights abuses. Legally, a 
prosecutor may hold a detainee no more than 48 hours before he must 
present the accused to a judge, except when the accused is caught in 
the act or within 72 hours of committing a crime. A great number of 
disappearances eventually are found to be cases of arbitrary detention 
(see Section 1.b.).
    Reports of arbitrary detention occur with greatest frequency in 
Tabasco, Guerrero, Chiapas, the Federal District, and Oaxaca. States' 
attorney general personnel, state police, and the army are the most 
frequent abusers of detention laws.
    The Constitution provides that the authorities must sentence an 
accused person within 4 months of detention if the alleged crime 
carries a sentence of less than 2 years, or within 1 year if the crime 
carries a longer sentence. These periods can be extended if the parties 
agree. In practice, judicial and police authorities frequently ignored 
these time limits. Criminal defendants often were held with convicted 
prisoners. Furthermore, many detainees reported that judicial officials 
often solicited bribes in exchange for not pressing charges. Those able 
to pay were released from custody. Corruption is rampant throughout the 
system.
    Judges often failed to sentence indigenous detainees within legally 
mandated periods. In 1996 the CNDH reviewed 8,661 files of indigenous 
persons who were detained and recommended the immediate release of 
1,727 persons. Of those states withthe largest numbers of indigenous 
prisoners, the CNDH reviewed 2,222 cases in Oaxaca, and recommended 407 
releases, of which 296 had been accomplished by the end of 1998; 1,219 
cases in Veracruz, with 331 recommendations for release and 245 
releases; and 639 cases in Puebla, with 157 releases recommended, and 
61 releases.
    Federal prosecutors continued to adhere to the recommendation by 
the National Indigenous Institute (INI) that they drop charges against 
first-time offenders accused of drug cultivation, as drug traffickers 
often forced indigenous defendants, who were not made aware of the 
legal significance of their actions, to grow the crops. The INI also 
supports programs to provide translators for indigenous defendants and 
to assist them in obtaining bail bonds.
    Some human rights groups claim that activists arrested in 
connection with civil disobedience activities are in fact political 
detainees. The Government asserts that the system fairly prosecutes 
those charged in sometimes violent land invasions for common crimes, 
such as homicide and damage to property.
    The law does not permit forced exile, and it is not practiced.
    e. Denial of Fair Public Trial.-- The judiciary is generally 
independent; however, on occasion it has been influenced by the 
executive branch, particularly at the state level. Corruption, 
inefficiency, and disregard of the law are major problems. The wealthy 
and the powerful generally benefit from impunity. Judicial reforms have 
begun to address some of these problems, but full resolution of these 
problems awaits more extensive and systemic judicial reform. In 
February and March, the Congress and the states passed constitutional 
reforms designed to streamline the administration of justice and repeal 
archaic laws. Human rights groups criticized these reforms, claiming 
that they effectively allow prosecutors to disregard defendants' 
allegations of violation of due process during criminal proceedings.
    The federal court system consists of the Supreme Court, 91 circuit 
courts of appeal, 49 courts of appeal, and 185 district courts.
    Efforts to implement the 1995 judicial reforms continued. The 
Federal Judicial Council strengthened administrative control over the 
judiciary, investigated cases of corruption, and removed some corrupt 
judges during the year. On January 4, the 11 Supreme Court ministers 
elected reform-minded Genaro David Gongora Pimentel to lead the Supreme 
Court.
    In a report released in January, Human Rights Watch asserted that 
judicial reforms have done little to improve the problems that plague 
the justice system. The report states that the continued use of forced 
confessions, illegal detentions, and fabrication of evidence is ignored 
by judges and government officials, and that this undermines the 
democratic process.
    Based on the Napoleonic Code, the trial system consists of a series 
of fact-gathering hearings at which the court receives documentary 
evidence or testimony. Court officials may add notarized documents 
(that are not authenticated) into the case file. A judge in chambers 
reviews the case file and then issues a final, written ruling. The 
record of the proceeding is not available to the general public; only 
the parties have access to the official file, although by special 
motion the victim may have access to it.
    The Constitution provides for the right of the accused to attend 
the hearings and challenge the evidence or testimony presented, and the 
Government respects these rights in practice. In general, court 
hearings are open to the public and it is common to find not only the 
accused, but also relatives of the accused and journalists in the 
courtroom.
    While there is a constitutional right to an attorney at all stages 
of criminal proceedings, in practice the authorities often do not 
assure adequate representation for many poor defendants. Moreover, the 
public defender system is not adequate to meet the demand, although 
improvements in salaries and benefits began to ameliorate this 
situation. Attorneys are not always available during the questioning of 
defendants; in some instances a defense attorney may attempt to 
represent several clients simultaneously by entering different rooms to 
certify formally that he was present, although he did not actually 
attend the full proceedings.
    In the case of indigenous defendants, many of whom do not speak 
Spanish, the situation is often worse. The courts do not routinely 
furnish translators for them at all stages of criminal proceedings, 
although this is their right by law, and thus defendants may be unaware 
of the status of their case. The CNDH, through the Fourth General 
Visitor's Office, has a program to assist incarcerated indigenous 
defendants. In 1998 it reviewed 5,799 cases and obtained the release of 
802 persons. The National Indigenous Institute has judicial assistance 
programs for indigenous defendants and advocates on their behalf. The 
INI also distributes educational and informational material in 
indigenous languages.
    A particularly egregious abuse of due process is the prosecution's 
ability to use evidence gathered by means of torture. While torture 
itself is a criminal act, judges routinely allow statements coerced 
during torture to be used as evidence to convict the accused (see 
Section 1.c.).
    The law does not require civil trial of soldiers involved in civil 
crimes, and the military continues to handle such cases. The 
Constitution provides for military jurisdiction for crimes or offenses 
involving any violation of military discipline. In cases in which a 
member of the military commits a crime and is arrested by civil 
authorities, the military has the right to request transfer immediately 
of the case to military jurisdiction. Although the military retains 
jurisdiction over its personnel, it has begun cooperating with the PGR 
on investigations of counternarcotics cases involving soldiers and 
sailors.
    Calls for reform of the military justice system and criticism of it 
increased. In January the Military Judicial Police arrested five 
members of a military dissident group, the Patriotic Command for 
Raising People's Awareness (CPCP), a group composed of military 
personnel protesting what they called an unjust military justice 
system. The authorities charged the five CPCP members with the crime of 
sedition and later arrested the leader of the group, Hildegardo Bacilio 
Gomez, who led a December 1998 public demonstration against the 
military justice system. At year's end, the authorities held Bacilio 
Gomez in jail but had not yet brought him to trial.
    Amnesty International reported that Manuel Manriquez San Agustin, 
allegedly a political prisoner, was released from a maximum security 
prison in Guadalajara and absolved of a murder conviction on March 29 
after the IACHR recommended his release. Manriquez, an Otomi Indian, 
was accused of being a member of the EPR and was detained on murder 
charges in 1990. His conviction was based on little evidence except his 
confession, which was obtained under torture.
    The only political prisoner is General Jose Francisco Gallardo, who 
maintains that he was sentenced to 28 years' imprisonment for speaking 
his mind on the advisability of having a military ombudsman (see 
Section 4).
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the rights to privacy, 
family, home, and correspondence, and the law requires search warrants; 
however, there were credible reports that unlawful searches without 
warrants were common.
    In November 1996, Congress passed the Federal Law Against Organized 
Crime, which--among other innovations--allows for electronic 
surveillance with a judicial order. The law prohibits electronic 
surveillance in cases of electoral, civil, commercial, labor, or 
administrative matters.
    In March 1998, PRD Senator Layda Sansores asserted that the 
Government was responsible for a wiretapping operation in Campeche 
state. The Government denied involvement, and the PGR charged three 
persons found at the scene with illegal wiretapping. The investigation 
was still pending at the end of the year.
    The Constitution states that all persons have the right to make 
free, responsible, and informed decisions on the number of children 
they choose to have. The 1984 General Health Law provides for criminal 
action against those who pressure a woman to undergo sterilization 
procedures or perform such procedures without the woman's consent. 
Independent agencies believed that forced sterilization exceeded by 
several times the number of known cases, but the overall scope of the 
problem was difficult to quantify. Women may not realize that 
procedures have beenperformed until after the fact, and many victims 
are reluctant to file complaints, although there are mechanisms for 
filing formal complaints with the National Medical Arbitration 
Commission and with the national and state human rights commissions. 
Nevertheless, there have been reports of possible violations of 
informed consent standards in the state of Guerrero; these charges have 
not been substantiated.
    In 1997 state health services workers encouraged men to have 
vasectomies in exchange for government social benefits. In May some of 
those affected lodged complaints with the state human rights 
commission. In December the commission issued a recommendation 
confirming that the men who had undergone vasectomies were in fact 
threatened with the withholding of benefits. The commission also found 
that once the procedures had been performed, the men were not paid the 
promised benefits. In previous years, NGO's have received similar 
complaints that women had undergone tubal ligation procedures without 
informed consent, sometimes under similar circumstances.
    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--There were numerous allegations of the use of 
excessive force and the violation of international humanitarian law. 
Incidents of conflict in Chiapas between the security forces and EZLN 
sympathizers and in Guerrero between the army, the EPR, and the ERPI 
led to many of these accusations. UNHCHR Robinson suggested in November 
that the Government consider creating a military human rights ombudsman 
to combat impunity in the armed forces. The military continued to 
maintain a large presence throughout the state in response to the EZLN-
backed uprising that began in 1994.
    The peace process in Chiapas between the Government and the EZLN 
remained stalled, although in September the Government proposed a new 
peace initiative to restart talks. At that time, the Government 
proposed that the Senate take up its legislative initiative on 
indigenous rights; invited the EZLN to return to dialog, possibly 
through a mediator; suggested the creation of a new law enforcement 
office to investigate human rights abuses committed by individuals or 
armed civilian groups; and offered to release prisoners accused of 
being EZLN sympathizers but not charged with violent crimes. The 
initiative also proposed activation of the verification commission 
under the 1996 San Andres Accords, called on the EZLN to permit to 
social development of indigenous communities in Chiapas, and offered a 
government negotiator with decisionmaking authority. The EZLN did not 
accept the Government's offer.
    In August a military force occupied the area surrounding the 
village of Amador Hernandez to protect road construction crews, 
increasing tension in the region. On August 25, the army and the EZLN 
clashed near San Jose la Esperanza. A total of seven persons on both 
sides were injured. This was the first clash between the army and the 
EZLN since June 10, 1998.
    There have been credible reports of violent incidents and murders 
committed by armed civilian groups and local political factions in 
Chiapas. The National Democratic Federation alleges that the group 
Peace and Justice, which it described as a paramilitary group, was 
responsible for the murders of 53 Zapatista sympathizers since 1995. 
Another group alleged to have committed human rights abuses in Chiapas 
is the Revolutionary Indigenous Movement against the Zapatistas. From 
January 1998 through August 1999, the army confiscated 431 weapons from 
civilians in the Chiapas zone of conflict. The Chiapas state Attorney 
General's office claimed to have disbanded 39 gangs and confiscated 132 
firearms within the same time period.
    In the southern states of Oaxaca and Guerrero, there have been 
attacks by the EPR, the EPRI, and other rebel groups on government 
property. There have been numerous accusations in Guerrero that police 
and army personnel have used excessive force during operations against 
these groups.
    On April 20, military forces, in response to an attack that injured 
one soldier, occupied the municipality of Tlacoachistlahuaca, Guerrero. 
Also on April 20, two local Mixtec men were reported missing, and two 
female relatives (who were searching for them) alleged that they were 
raped by soldiers stationed in the area. On May 8, the military 
conceded that soldiers had killed the two farmers during an armed 
confrontation but did not respond to the women's allegations of rape. 
The state Attorney General's office, citing lack of evidence, declined 
to pursue the allegations of rape.
    On September 22, the EPRI was blamed for an attack on a military 
convoy on a highway in the state of Guerrero, near the town of Ayutla 
de los Libres, which injured two soldiers.
    The human rights network All Rights for All contended that the 
Government's response to the guerrilla presence in Guerrero has 
resulted in an increase in reports of human rights violations.
    Armed civilian groups, controlled by local political bosses loosely 
affiliated with the PRI, were alleged to have committed many human 
rights violations in Chiapas, including the Acteal massacre. NGO's, 
such as the PRODH, the Fray Bartolome de las Casas Human Rights Center 
in Chiapas, and the Mexican Commission for the Defense and Promotion of 
Human Rights (CMDPDH), identified at least nine such groups. The NGO's, 
and some press accounts, contended that these groups were not only the 
private armies of local bosses, but also army surrogates armed by the 
military and used to attack the EZLN. The Government denied these 
allegations and likewise rejected the existence of paramilitary groups.
    In December 1998, the Fray Bartolome de Las Casas center and the 
PGR published conflicting reports on the Acteal massacre. The Fray 
Bartolome report blamed the Government for sponsoring armed civilian 
groups in Chiapas and for failing to protect the victims. The NGO 
accused the Government of waging ``low-intensity warfare'' in Chiapas 
and stated that the Government was responsible for the massacre. The 
PGR attributed the massacre to a history of local confrontation, the 
presence of the EZLN, an absence of the rule of law, and the neglect of 
local enforcement officials.
    The military continues to deny any responsibility for abuses 
committed during the early stages of the Chiapas rebellion in 1994. The 
military authorities who have jurisdiction failed to punish any 
military personnel or government officials for committing abuses, 
although the CNDH issued an interim report in May 1994 finding that 
there was reason to believe that the military had injured or killed 
civilians in aerial attacks and that there were summary executions, 
illegal detentions, and instances of torture.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects these rights in practice. The mass media are not subject to 
formal censorship by any element of the Government; however, there were 
reports of some self-censorship. In addition, threats and attacks on 
journalists--some reportedly by federal, state, or local authorities--
hindered press freedom. Nonetheless, the media were more free and more 
independent than at any time in the country's history. Many observers 
believe that drug trafficking organizations or corrupt security 
personnel in the pay of such groups carry out most attacks on the 
media.
    The traditional cozy relationship between the Government and the 
media that tilted coverage and editorial opinion in the Government's 
favor has diminished but not disappeared entirely. The Government no 
longer controls the import of newsprint but does retain control over 
broadcast licensing, which critics claim led some broadcast media to 
practice self-censorship. Accordingly, old habits of accommodation 
lingered, and the editorial line of key news organizations maintained a 
bias in favor of the Government. The persistence of official 
influence--and its greatest concentration--was most apparent in 
television. Instead of paying a 12.5 percent tax on advertising 
revenues, television broadcasters provided free broadcast time to the 
Government, which gave it convenient access to this powerful medium. 
Official advertising in the media continues but disguising it as news 
coverage is more common at the state than at the national level. Cash 
and noncash payments to journalists persisted but were not as common as 
they once were, and legislation to end this practice was enacted.
    The many credible reports of attacks on journalists constituted the 
most serious problem for press freedom. A report issued by 4 NGO's 
recorded 240 attacks of various types against journalists during 1998, 
compared with 187 during 1997. These numbers include all aggressive 
acts against the media as reported in the media. According to the 
report, government institutions (including federal, state, or local 
police) or officials were responsible for 40 percent of the incidents. 
The Manuel Buendia Foundation, one of the NGO's, concluded that thevast 
majority of attacks were intended to intimidate. During the first 7 
months of the year, the CNDH program on aggression against journalists 
investigated 22 complaints of attacks on journalists; most were for 
assault or intimidation. One, from July in the state of Morelos, was 
for murder. The CNDH began an investigation of that case.
    A report by the Committee for the Protection of Journalists of the 
Mexican Academy of Human Rights selected five cases that, in its 
judgment, are indicative of attacks on freedom of the press. Three of 
the cases, all from the northern states, were closely related and 
linked to narcotics trafficking. Two other cases took place in southern 
states and were tied to political actors. In the first case, Benjamin 
Flores Gonzalez, the editor of the local daily newspaper La Prensa in 
San Luis Rio Colorado, Sonora was murdered in 1997 after publishing 
stories about a local narcotics trafficker. This case highlighted the 
continued impunity for the alleged murderer, who recently was released 
from jail on unrelated charges. In the second case, Sergio Haro 
Cordero, director of the Baja California weekly Sietedias began 
receiving death threats in April after writing about the foregoing 
case. In the third case, journalist Jesus Barraza Zavala of the weekly 
Pulso in Sonora, again writing about the same case, received death 
threats, and federal police officers reportedly attacked his state 
police bodyguard in April and May (see Section 1.c.). In the other two 
cases, public authorities and common criminals harassed Carlos R. 
Menendez Navarrete, editor of the Diario de Yucutan newspaper in 
Merida, Yucutan, and Luisa Veronica Danell Monter, correspondent for 
the Para Empezar television program in Villahermosa, Tabasco, after 
they reported negatively on local PRI politicians.
    There was no information available about the PGJDF investigation of 
the February 1998 killing of Luis Mario Garcia Rodriguez, a reporter 
for the Mexico City daily newspaper La Tarde. Garcia was shot and 
killed very close to a Mexico City police station, and witnesses stated 
that the perpetrators were from the PGR. Garcia had reported on PGR 
corruption and charged that PGR officials were collaborating with 
notorious drug traffickers.
    Television news independence has been enhanced by greater political 
pluralism, generational change in media leadership, and growing 
competition for advertisers and viewers, which continued to separate 
government and media interests. Moreover, as much of the national media 
developed higher journalistic standards and independence over the past 
10 years, government influence declined. The media showed a high degree 
of editorial independence, particularly in the capital and other major 
urban centers. Direct criticism of the Government, especially in radio 
and the print media, was severe and commonplace.
    There was one complaint from a French journalist that the 
authorities denied an entry visa without explanation.
    The Constitution recognizes academic freedom in higher education, 
and the Government respected this provision in practice. Beginning on 
April 20, some students at the National Autonomous University of Mexico 
(UNAM) occupied campus buildings and shut down the institution. The 
strike began when the authorities announced an increase in tuition but 
quickly evolved from a protest by some students into a more generalized 
attack on the national political system. The university administration 
made the tuition hike voluntary but had not met other striking 
students' demands at year's end.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of assembly, and the Government respects this 
right in practice. The only requirement for holding demonstrations is 
that groups that wish to meet in public areas must inform local police 
authorities in advance. Organized, peaceful demonstrations occur 
frequently throughout the country.
    The police showed restraint and generally avoided confrontation 
with the UNAM student strikers, who conducted periodic marches through 
the streets of Mexico City (see Section 2.a.).
    On October 14, municipal police forcibly removed strikers who were 
blocking a major thoroughfare in Mexico City. The authorities later 
investigated two policemen for use of excessive force against prone 
strikers after the media broadcast videotape showing the officers 
beating and kicking several unresisting strikers. An internal police 
investigation absolved the policemen, but city officials vowed to 
impose administrative sanctions on the officers.
    The Constitution provides for freedom of association, and the 
Government respects this right in practice. Political parties, 
opposition, and independent associations functioned freely without 
government interference or restriction. The Federal Electoral Code 
recognizes national political parties as well as political 
associations. Political associations can participate in elections 
through an agreement with a political party but are not allowed to use 
their names or symbols during the election campaigns. Political parties 
do not have legal status until they receive their official designation 
from the Federal Electoral Institute (IFE). The IFE currently 
recognizes 11 political parties and 31 political groups.
    Citizens are free to associate and may form private or charitable 
associations. However, in 1998 the Mexico City legislature passed a law 
that gave the city government more influence over private charities. 
The more than 8,000 NGO's active in the country are an important and 
vocal part of civil society. The Government was accused of harassing 
NGO's, especially in the state of Chiapas (see Section 4).
    c. Freedom of Religion.--The Constitution provides for the right to 
practice the religion of one's choice, and the authorities generally 
respect this right in practice; however, local officials sometimes 
infringed on this right. In November 1998, the Government and 
representatives of many religious denominations signed a Religious Code 
of Conduct that reaffirms freedom of religion. The law bars clergy from 
holding public office and from advocating partisan political views.
    The authorities at times used immigration law to restrict the 
activities of religious workers, particularly in the state of Chiapas 
(see Section 2.d.). Some groups claim that it is government policy to 
keep foreign religious practitioners out of Chiapas and Oaxaca. There 
also have been incidents of violence between religious groups in 
Chiapas (see Section 5).
    The Government lifted almost all restrictions on the Catholic 
Church in 1992. The Catholic Church and other religions maintain their 
own schools. Nonetheless, the Church's ability to own and operate mass 
media is limited, and it asserts that there are restrictions on the 
running of schools and the raising and spending of funds.
    To obtain legal status, religious organizations must register with 
the Office of Religious Affairs in the Secretariat of Government. Since 
1992 over 5,000 religious associations have been registered.
    Relations were difficult between the Catholic diocese of San 
Cristobal de las Casas, Chiapas, and the Government. The Government 
blamed Samuel Ruiz, the former Bishop of the diocese, for exacerbating 
its problems with the EZLN and the international human rights community 
(see Section 1.g.). The diocese complained that its lay catechists 
constantly were threatened and harassed, and that foreign clergy 
working for the diocese could not have their visa status clarified. In 
May the IACHR declared that the June 1995 deportation of Catholic 
priests Loren Riebe, Rodolfo Izal, and Jorge Baron was a violation of 
their right to religious freedom and recommended that the Government 
investigate and sanction officials involved in the case. The Government 
criticized the IACHR's ruling as interference in internal affairs and 
declared it invalid.
    The non-Catholic Christian population was growing in Campeche, 
Chiapas, Yucatan, and along the northern border. The Evangelical 
Commission in Defense of Human Rights claimed that the authorities had 
expelled 35,000 evangelicals from San Juan Chamula, Chiapas, in the 
last 30 years. Traditional religion includes indigenous practices that 
cause friction with Christian religions. Tribal chieftains or leaders 
of the traditional, syncretist religions are the usual organizers of 
the expulsions of evangelicals.
    Municipal authorities expelled 70 evangelical Christians living in 
San Juan Chamula in 1998, but state officials assisted their return 
later that year. However, the children of evangelicals have been denied 
access to the local public schools in six nearby communities since 
1994. Societal harassment of, and pressures against, evangelical 
Christians continued to be a problem (see Section 5).
    On June 15, local police in Mitziton, Chiapas, arrested 13 
evangelicals who were building a Protestant church. After intervention 
by state authorities, the police released themafter 3 days; however, 
the local authorities prevented them from completing construction of 
the church.
    In certain indigenous communities practicing traditional religion, 
a long history of religious intolerance and expulsions exists. In these 
communities, religious diversity is viewed as a threat to indigenous 
culture. The Government failed to intervene to prevent local officials 
from threatening, harassing, attacking, and expelling evangelical 
representatives (see Section 5).
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for the right 
of free movement, and the Government generally does not restrict 
movement of its citizens into, out of, or within the country, except in 
Chiapas where the Government attempts to keep persons away from EZLN 
areas.
    The army and federal immigration authorities maintain strict 
checkpoints in parts of Chiapas. The focus of the checkpoints is the 
verification of tourist activities by persons with tourist visas. 
Church and human rights activists claim that the Government is 
fostering an antiforeigner climate. In addition, church groups complain 
about legal requirements that foreign religious workers must secure 
government permission to visit the country for religious purposes and 
that the Government limits the number of visas granted to each 
religious group.
    Corrupt police sometimes violated the rights of illegal immigrants. 
Illegal immigrants rarely file charges in cases of crimes committed 
against them, because the authorities generally deport immediately such 
persons who come to their attention; any pending case brought by an 
illegal immigrant is subject to dismissal because the person is no 
longer present. There were several incidents on both the southern and 
northern borders in which intending immigrants either were injured or 
killed. One such incident occurred on March 17 near Mexicali, Baja 
California, in which the Federal Fiscal Police allegedly beat four 
persons. In May the authorities arrested two agents of the Fiscal 
Police in connection with this incident; they remained in custody at 
year's end. There were also credible reports that police, immigration, 
and customs officials were involved in the trafficking of illegal 
migrants (see Section 6.f.).
    The law provides for protection of foreigners who face political 
persecution. The Government accepts the principle of first asylum and 
reviews each claim on a case-by-case basis with the assistance of the 
office of the U.N. High Commissioner for Refugees (UNHCR). In June 
UNHCR Sadako Ogata visited Mexico, signing agreements with the 
government that strengthened protections for refugees. During her 
visit, Ogata attended ceremonies regularizing the status of those 
former Guatemalan refugees who chose to remain in Mexico.
    The Government cooperates with the UNHCR and other humanitarian 
organizations in assisting refugees. In conjunction with the UNHCR, the 
Government completed a repatriation program for Guatemalan refugees 
desiring to return home after having fled their country during the 
civil war, which ended in 1996. During the course of this program, a 
total of 42,641 persons returned to Guatemala and a further 22,144 were 
granted immigrant residence status or Mexican nationality.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully through periodic elections. Since the party's 
founding in 1929, the PRI has dominated politics, controlled the 
Federal Government, and won every presidential election. The PRI has 
maintained power, in part, through public patronage, use of government 
and party resources, and electoral fraud. However, political change 
continued to alter the nation's politics, and opposition parties 
continued to gain strength nationally and locally. As a result of 
electoral reforms approved and implemented in recent years, the 
political and especially the electoral process have become more 
transparent. While elections are open and generally fair, some abuses 
continue to occur.
    The legislature amended the Constitution to allow the eligible 9 
million citizens resident overseas to vote in nationalelections; 
however, owing to differences over the costs and requirements for 
voting, the Senate failed to act on necessary implementing legislation 
that would have made overseas voting possible for the 2000 election.
    Presidents are elected every 6 years and cannot be reelected. 
President Ernesto Zedillo chose to forgo the traditional process of 
hand-picking his party's candidate for the presidential election in 
2000. This decision was part of the democratic transition taking place 
within the PRI. The three political parties that dominate national 
politics--the PRI, PAN, and PRD--all announced that they would hold 
some form of primary election to choose their presidential candidate 
for the 2000 election; however, the PRD and the PAN had only one 
entrant into their internal nomination process. On November 7, about 10 
million persons voted in the contested primary held by the PRI. Of the 
4 candidates, Francisco Labastida won by taking 272 of the 300 
electoral districts.
    As of September, in the Chamber of Deputies, the PRI holds 238 
seats; the PAN 117; the PRD 124; the Labor Party (PT) 11; the Green 
Ecologist Party (PVEM) 5, and there are 5 independents. The PRI holds 
73 seats in the Senate; the PAN 31; the PRD 16; the PT one; and there 
are 6 independents. Legislators can and do change their party 
affiliation frequently.
    On the state level, the PRI governs 21 states; the PAN 6; the PRD 
1; and opposition coalitions govern in 3 states. On the municipal 
level, opposition strength is well established. The PRD governs the 
Federal District and the PAN governs 13 of the 20 largest metropolitan 
areas.
    In the February 7 elections in the state of Guerrero, the PRI 
candidate was elected governor by a margin of 2 percent. The opposition 
charged that the vote was tainted by fraud. As a result of legal 
challenges filed by the PRD, the state electoral commission eventually 
invalidated the votes cast in 18 of the more than 3,000 voting booths; 
this action did not change the results. In the election in the state of 
Mexico on July 4, also won by the PRI candidate for governor, a survey 
reported in the Reforma newspaper indicated that one-third of voters 
received a gift from the state PRI for their vote. These acts and other 
irregularities caused the PAN and the PRD to file protests with the 
state electoral board.
    The Federal Electoral Institute, operating with full autonomy, 
organized the federal elections for the Congress and in 1997 for the 
mayor of Mexico City. (In subsequent elections, Mexico City is to have 
its own electoral commission.) The IFE has implemented extensive 
constitutional and legislative reforms passed in 1996 to help prevent 
electoral fraud and to create more uniform conditions for political 
party participation by regulating campaign finance, advertising, and 
other areas. The IFE also has provided support to state electoral 
institutes in running state and local elections and was instrumental in 
overhauling electoral district boundaries to reflect demographic 
shifts.
    Although there are no legal impediments to their full 
participation, women are underrepresented in government and politics. 
However, the three largest political parties are attempting to increase 
the number of women who run for elected office through formal and 
informal means. They have utilized quotas requiring that a certain 
percentage of candidates on a party list be female and in practice have 
supported female candidates over equally qualified male candidates. The 
PRD has set a 30 percent quota for female candidates; 22 percent of its 
leadership is female, and it elected a female party president in July. 
The PAN has used more informal methods, and 23 percent of its 
leadership is female. PRI party rules mandate that a certain number of 
spaces on the candidate lists be reserved for women, and 12 percent of 
the party leadership, including its president, is female.
    Women hold approximately 16 percent of the seats in the Congress. 
There are two female cabinet members. The mayor of Mexico City is a 
woman. No women serve as governors or justices on the Supreme Court.
    Constitutional changes in 1996 expanded the rights of indigenous 
people to elect representatives to national office according to 
traditional ``usages and customs,'' rather than standard electoral law. 
These traditional customs vary from village to village. In some 
villages, women have neither the right to vote nor to hold office. In 
others, they can vote but not hold office. Women were excluded 
systematically from the political process by traditional ``usages and 
customs'' in most of Oaxaca state andexpected to face the same 
phenomenon in the state of Quintana Roo.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of human rights groups operate largely without 
government restriction, investigating allegations of human rights 
abuses and publishing their findings on human rights cases. Government 
officials generally have become more cooperative and responsive to NGO 
views; however, the Government used vigorous enforcement of its 
constitutional prohibition on foreigners engaging in political 
activities to hinder the work of foreign human rights monitors, and it 
restricted the activities of many human rights observers and religious 
workers in the state of Chiapas.
    After the December 1997 Acteal massacre, foreign concern over 
Chiapas increased significantly, and many foreigners traveled to that 
area, often on tourist visas, to learn first-hand about conditions 
there. Members of human rights groups also made the journey, several 
with tourist visas, to observe the human rights situation and donate 
supplies. However, when individual foreign activists in Chiapas acted 
in ways that the Government considered political and inconsistent with 
their tourist status, the Government expelled them.
    According to a report issued by the NGO Global Exchange, in 
collaboration with the PRODH and the CMDPDH, the authorities expelled 
144 human rights observers from the country in 1998. Most of these 
expulsions were made under Article 33 of the Constitution, which allows 
the President to expel foreigners whose presence is judged to be 
``inconvenient.'' Human rights groups contended that the use of this 
provision was unconstitutional, and the Government did not use that 
article in 1999. Instead, the authorities issued a letter of departure 
to those individuals deemed to be engaging in unauthorized political 
activities in pursuit of human rights objectives, which required them 
to leave the country upon the expiration of their visas.
    On September 13, Thomas Hansen, former director of Pastors for 
Peace, won a court order overturning his deportation from the state of 
Chiapas in February 1998. The Government has refused his subsequent 
requests for visas.
    In May 1998, the National Migration Institute began requiring 
persons who wished to enter the country to monitor the human rights 
situation to go through a new application process. This application 
process required, among other things, a 30-day advance application, a 
10-day limit on visits, a limit of 10 visitors per NGO, a detailed 
travel itinerary, and submission of an agenda. Domestic and foreign 
NGO's objected to these new visa requirements. Human Rights Watch 
argued that, taken together, the rules appeared designed to restrict 
human rights monitoring and give the Government the right to decide 
which human rights organizations were legitimate. While government 
officials promised that the process would improve access for human 
rights observers, the effect has been the opposite. Human rights 
observers reported that the process is difficult, complex, rarely 
results in visa issuance, and interferes significantly with their 
ability to monitor human rights violations. Immigration officials have 
used this new visa requirement to remove from the country religious 
workers whom they judge to be engaging in human rights activities. They 
also have used this procedure to restrict the activities of human 
rights monitors.
    The PRODH and human rights lawyer Digna Ochoa were victimized by 
threats, harassment, and attacks. The most serious incident occurred on 
October 28, when unknown assailants held Ochoa captive for 9 hours in 
her home. According to Ochoa, her captors tied her to a chair, covered 
her face, and interrogated her regarding guerrilla groups operating in 
the country. Then, they left her bound next to an open canister of 
propane gas, but she was able to free herself and escape. The PGJDF 
investigated this incident and four other threats against the PRODH. In 
August the PGR and the Secretariat of Government offered their 
assistance in the investigation. In November the Inter-American Court 
of Human Rights ordered the Government to provide protection to Ochoa 
and members of the PRODH. The investigation continued at year's end, 
and human rights NGO's began a dialog with federal officials regarding 
the safety of human rights workers.
    Credible NGO's reported that human rights workers in several states 
received death threats while working on cases thatimplicated government 
officials. For example, in Guerrero Abel Berrera of the Tlachinollan 
Mountain Human Rights Center implicated members of the army in human 
rights abuses and subsequently received death threats.
    The National Human Rights Commission, established by the Government 
in 1990, has steadily improved its credibility. In an important vote 
that was expected to provide greater political autonomy to the CNDH, 
the Senate approved legislation that allows it, rather than the 
President, to appoint the commission's president. Some NGO's were 
critical of the Senate's decision, fearing that it makes the CNDH more 
susceptible to political pressure. Utilizing these powers for the first 
time, in November the Senate replaced the sitting president of the CNDH 
prior to the expiration of her term in office. The Senate named legal 
scholar Jose Luis Soberanes to a 5-year term as CNDH president. This is 
the first time since the creation of the CNDH that the executive branch 
did not play a role in the selection process. Although most NGO's have 
a favorable opinion of the CNDH, many are critical of its method of 
presenting information, especially the reporting of compliance with 
recommendations. NGO's also criticized the CNDH's reliance on former 
government security or judicial personnel as investigators of human 
rights abuse allegations.
    In July the U.N. Special Rapporteur on Extrajudicial, Summary or 
Arbitrary Executions, Asma Jahangir, visited the country at the 
Government's invitation. Jahangir suggested that the Government invite 
international observers for the 2000 presidential elections. The IFE 
invited international observers for the 1997 Congressional elections 
and has invited them for the 2000 presidential elections. Jahangir had 
not made any formal recommendations regarding her mandate at year's 
end. The Foreign Relations Secretariat criticized Jahangir's public 
comments that impunity would persist unless the Government undertook 
legal and political reform, saying that she was ``completely 
misinformed.''
    In November Mary Robinson, the U.N. High Commissioner for Human 
Rights, made a 6-day visit and met with President Zedillo, other 
officials, and NGO representatives. Robinson signed a memorandum of 
intent with the Government that provides for technical assistance and 
further cooperation with the United Nations. She characterized the 
human rights situation in the country as ``serious'' and highlighted 
official impunity and poor administration of justice as areas of 
particular concern. She told a press conference that the Zedillo 
administration had demonstrated a commitment to improving the human 
rights situation. During her trip she also visited Chiapas, where she 
voiced concern about the size of the military presence, which she said 
contributed to an environment of impunity and conflict. Government 
officials expressed moderate criticism of Robinson's comments on 
Chiapas, emphasizing that deployment of a military force to the region 
was exclusively a sovereign decision.
    The military jailed General Jose Francisco Gallardo Rodriguez in 
1993 on a range of charges, including embezzlement and dishonoring the 
military, but he maintained that military authorities were persecuting 
him because he wrote an academic dissertation calling for the 
establishment of a human rights ombudsman's office in the military. 
Since 1996 the IACHR and Amnesty International had called for his 
immediate release. In March and April 1998, two different military 
tribunals convicted General Gallardo on charges of illegal enrichment 
and diversion of funds and sentenced him to 28 years in prison. At 
year's end, he remained in jail in the state of Mexico, where he gives 
telephone interviews and receives regular visits from family members. 
General Gallardo has not complained of any mistreatment while in 
custody.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution states that men and women are equal before the 
law. It also provides that education should avoid ``privileges of race, 
religion, groups, sexes, or individuals.'' These provisions are not 
enforced effectively, although the Government continues to make 
progress in efforts to do so.
    Amnesty International has reported that homosexual men and women 
were likely to be victims of abuse and violence. The Citizen's 
Commission against Homophobic Crimes reports that there are an average 
of four murders committed due to sexual orientation per month, and the 
consensus among gay rights groups is that the police fail to 
investigate these crimes seriously.
    Women.--The most pervasive violations of women's rights involve 
domestic and sexual violence, which is both widespread and vastly 
underreported. A rape is committed in Mexico City on average every 6 
minutes. Victims report only 23 percent of rapes, and the courts 
penalize only 23 percent of the men eventually charged with rape. The 
Center for Attention to Intrafamily Violence expected to receive a 
total of over 13,500 complaints of domestic violence during the year. 
Women are reluctant to report abuse or file charges, and even when 
notified, the police are reluctant to intervene in what society 
considers to be a domestic matter. Police also are inexperienced in 
these areas and unfamiliar with appropriate investigative technologies. 
According to press accounts, reports of domestic violence in Jalisco 
increased 86 percent in 1997.
    The authorities began to implement and enforce the legislative 
reform initiative on intrafamily violence Congress passed in December 
1997. This law had three main objectives: to discourage and punish 
intrafamily violence, establish protective measures for victims, and 
educate the public. The legislation expanded the crime of rape to 
include spousal rape, involving married or common-law couples.
    Over 1 million women each year, according to the CMDPDH, seek 
emergency medical treatment for injuries sustained because of domestic 
violence, the fourth highest cause of death for women. Groups such as 
the nongovernmental Center for Research and Care of Women are working 
to educate both men and women in an effort to counter the widespread 
view of domestic violence as a private act that is common (and 
therefore tolerated) and to deter future violence.
    Under certain circumstances limited to statutory rape of a minor 
between the ages of 12 and 18, the Criminal Code provides that a judge 
may dismiss the charges if the persons involved voluntarily marry. In 
practice, this provision is invoked rarely.
    In the case of the approximately 200 women murdered in the Ciudad 
Juarez area since 1993 (see Section 1.b.), in 1998 the CNDH determined 
that the Chihuahua state attorney general's office's inadequate 
response to the murders had violated the human rights of the victims 
and their families and recommended that the state attorney general and 
the mayor of Ciudad Juarez be investigated for negligence. In the same 
year, the authorities appointed a special prosecutor and hired foreign 
experts in serial killings to advise investigators.
    The Federal Criminal Code includes penalties for sexual harassment, 
but victims must press charges. Many female victims were reluctant to 
come forward, and cases were difficult to prove. Sexual harassment in 
the workplace was considered widespread by NGO's and women's agencies.
    Although the Constitution provides for equality between the sexes, 
neither the authorities nor society in general respect this in 
practice. The legal treatment of women's rights is uneven. Women have 
the right to own property in their own names and to file for separation 
and divorce. However, in some states a woman may not bring suit to 
establish paternity and thereby obtain child support, unless the child 
was a product of rape or cohabitation, the child resides with the 
father, or there is written proof of paternity.
    Within the CNDH, the Office of the First Inspector General is 
devoted solely to protecting the rights of women. This office is 
staffed by a variety of professionals, including lawyers, sociologists, 
and doctors.
    The Constitution and labor laws provide that women shall have the 
same rights and obligations as men, and ``equal pay shall be given for 
equal work performed in equal jobs, hours of work and conditions of 
efficiency.'' However, women in the work force generally are paid less 
and are concentrated in lower-paying occupations. According to an 
academic study, even though girls and boys attend school at similar 
rates, a woman on average needs 4 more years of education to earn the 
same salary as a man in a comparable position.
    Labor law includes extensive maternity protection, including 6 
weeks' leave before and after childbirth and time off for breast 
feeding in adequate and hygienic surroundings provided by the employer. 
During pregnancy, employers are required to provide a woman full pay, 
not to dismiss her, and to remove her from heavy or dangerous work or 
exposure to toxic substances. In order to avoid these expensive 
requirements, some employers, includingsome in the maquila industry, 
reportedly deliberately violate these provisions by requiring pregnancy 
tests in preemployment physicals, by regular examinations and inquiries 
into women's reproductive status (including additional pregnancy 
tests), by exposing pregnant women to difficult or hazardous conditions 
to make them quit, or by dismissing them. A report released in 1999 by 
Human Rights Watch indicated that the Government not only was aware of 
such practices and failed to take action to punish or prevent them, but 
also publicly made excuses for companies that violated the law. The 
U.S. National Administrative Office (NAO), under terms of the North 
American Agreement on Labor Cooperation (NAALC), the labor side 
agreements to the North American Free Trade Agreement, accepted a 
challenge to these practices in the maquila industry and in January 
1998 recommended ministerial consultations. As a result, the U.S. and 
Mexican Secretaries of Labor participated in a conference in Merida, 
Yucatan, in March on gender discrimination in employment. In addition, 
the U.S. and Mexican NAO's organized cross-border outreach sessions in 
August on the rights of women in the workplace in McAllen, Texas and 
Reynosa, Tamaulipas. The conference and the outreach sessions concluded 
that discrimination does exist, that it is not sanctioned by law, and 
that the authorities have taken steps to inform women workers of their 
rights to bring complaints against such practices by publishing and 
distributing brochures and developing networks of government offices, 
which together with NGO's work to raise awareness of the problem and 
available remedies.
    In order to protect women's labor rights, the Ministry of Labor 
made 23,138 safety and hygiene inspections in private factories and 
public institutions during 1996. However, while the Government 
increased the number of federal inspectors during 1997 and negotiated 
agreements with an increasing number of state governments to expand and 
coordinate labor inspections better, the number of maquila plants far 
outstrips what state and federal inspectors can monitor.
    In 1995 the CNDH found that the largest number of complaints 
against health care institutions involved negligence or abuse during 
childbirth by medical personnel and charges of forced sterilization. It 
said that the number of such complaints had grown, in large part due to 
women's increased awareness of their rights.
    There continued to be credible allegations of forced sterilization 
(see Section 1.f.).
    The National Women's Program (PRONAM) monitored the situation of 
women, made recommendations to the Government regarding women's issues, 
and worked with government agencies, international organizations, and 
NGO's to support women's causes. PRONAM and the National Statistics 
Institute compiled gender-specific statistics to ascertain more 
accurately the status of women. The International Labor Organization 
(ILO), the Secretariats of Labor and Foreign Relations, and PRONAM also 
promoted the status of women in the workplace. In addition, PRONAM and 
the U.N. Children's Fund (UNICEF) initiated an advertising campaign 
attacking social stereotypes and discrimination against women.
    Children.--Children under the age of 15 make up 35 percent of the 
population, and the median age of the population is 21. The Government 
maintains several programs to promote child welfare that support 
maternal and infant health, provide stipends for educating poor 
children, subsidize food, and provide social workers; however, problems 
in children's health and education remain. The CNDH receives numerous 
complaints about the services provided by the Secretary of Health, the 
Secretary of Education, and the Institute of Social Security. Although 
9 years of education are compulsory, the director of the National 
Education Council reported in August 1998 that 1.7 million school-age 
children were not in school because their poverty obligated them to 
work. In the same year, children from Jalisco visited the state 
congress to protest the use of child labor in the streets after 9:00 
p.m. The legal minimum age for employment is 14.
    UNICEF classified the country as ``lacking adequate strategies'' to 
combat malnutrition among children and reported that 30,000 children 
die each year as a result. The problem of child labor is particularly 
pronounced among migrant farming families, although programs recently 
have been instituted to allow for portability of educational 
credentials. There is a large population, estimated at 40,000, of 
vulnerable street children in Mexico City. UNICEF and the National 
Institute for Integral Development of the Family, in a study of working 
children in the100 largest cities, estimated that 150,000 children work 
in those cities. (NGO's maintain that the total is higher.) Street 
children often become involved with alcohol, drugs, prostitution, petty 
thievery, and increasingly, violent crimes. Corrupt police officials 
sometimes exploit these children by pressuring them to commit petty 
crimes and extorting money from them. The CNDH attempted to protect 
children's rights by educating children on their rights and reviewing 
legislation to ensure compliance with relevant international 
conventions.
    A report by the Center for Research and Advanced Study in Social 
Anthropology counted 5,000 minors, 90 percent of them female, working 
as prostitutes or subjects of pornography. In 1998 police in 
Guadalajara broke up a child prostitution ring; they arrested 17 adults 
and 12 girls on charges including corrupting minors and pandering. The 
arrests spurred press investigations into juvenile crime, as well as 
meetings with city officials and local NGO's.
    The Government and various NGO's have programs directed at children 
that address human rights issues. Generally, the purpose of these 
programs is not only to protect the rights of children but also to 
instill a generational respect for human rights through educational 
programs. An example of this educational approach is the Tree House (La 
Casa del Arbol), an interactive learning project sponsored by the Human 
Rights Commission of Mexico City.
    People with Disabilities.--Estimates of the number of disabled 
persons ranged from 2 to 10 million. Disabled persons and their 
specific disabilities are to be counted separately in the 2000 census 
so that the Government can learn what services are most needed. In 
Mexico City alone, 124 NGO's dealt with issues affecting the physically 
disabled.
    Twenty-seven of the 31 states have laws protecting the disabled. 
The law requires access for the disabled to public facilities in Mexico 
City but not elsewhere in the country. However, in practice most public 
buildings and facilities do not comply with the law. The Federal 
District also mandated access for physically disabled children to all 
public and private schools. The Mexico City secretary of education, 
health, and social development maintained that 78 percent of these 
children received some schooling.
    Mental Disability Rights International (MDRI), an NGO, discovered 
mistreatment and violations of the rights of mentally disabled persons 
within government mental health facilities. Visits to institutions 
during 1996-99 revealed abuses including inhuman and degrading 
treatment, misuse of physical restraints, and neglect that in some 
cases led to deaths of patients. MDRI alleged that the process through 
which persons are legally admitted to state institutions is conducted 
without oversight by a judicial or independent body, which can lead to 
a total loss of independent decisionmaking or consent to treatment by 
patients.
    Indigenous People.--The indigenous population, long subject to 
discrimination, repression, and marginalization, is estimated at 11 
million persons, of which 9 million live in extreme poverty. According 
to the National Indigenous Plural Assembly for Autonomy (ANIPA), there 
are 56 distinct indigenous groups, each with its own unique culture and 
language. Indigenous people are located principally in central and 
southern regions and represent a majority in the states of Oaxaca (53 
percent) and Yucatan (52 percent). However, these groups remain largely 
outside the political and economic mainstream, a result of longstanding 
patterns of economic and social development. In many cases their 
ability to participate in decisions affecting their lands, cultural 
traditions, and allocation of natural resources is negligible.
    The 1994 Chiapas uprising focused unprecedented attention on the 
demands of that state's indigenous population for increased economic 
and social rights. Among its basic demands, the EZLN called on the 
Government to enact measures to protect indigenous cultures, provide 
more opportunity for employment, and invest in schools, clinics, and 
infrastructure projects. In the 1996 San Andres Accords, the Government 
agreed with the EZLN on the need to expand indigenous rights. However, 
these accords have not yet been codified. In the continuing dispute, 
NGO's characterize the Government's heavy military presence in Chiapas 
as threatening and intimidating the indigenous population (see Section 
1.g.).
    The Government, through the National Indigenous Institute, the 
CNDH, and various NGO's, operates programs to educate indigenous groups 
about their political and human rights. The Government generally 
professes respect for their desire to retain elements of their 
traditional culture. In 1998 the CNDH created the Office of the Fourth 
Inspector General to review and investigate violations of indigenous 
rights. More than 130 NGO's are dedicated to the promotion and 
protection of indigenous rights.
    Indigenous people do not live on autonomous reservations, although 
some indigenous communities exercise considerable local control over 
economic and social issues. In the state of Oaxaca, for example, 70 
percent of the 570 municipalities are governed according to the 
indigenous regimen of ``usages and customs,'' which may not follow 
democratic norms in allowing for secret ballot, universal suffrage, and 
political affiliation. These communities apply traditional practices to 
resolve a variety of disputes, including allegations of crimes, and to 
elect local officials. Quintana Roo's state legislature passed a 
similar provision in 1998. While the laws allow communities in these 
states to elect officials according to their traditions, these usages 
and customs tend to exclude women from the political process (see 
Section 3).
    The law provides some protection for indigenous people, and the 
Government provides indigenous communities support through social and 
economic assistance programs, legal provisions and social welfare 
programs. However, these were not sufficient to meet the needs of all 
indigenous people. Although the overall population growth rate slowed 
to less than 3 percent annually, the birthrate among marginalized 
indigenous groups has not decreased. The General Education Act states 
that ``teaching shall be promoted in the national language [i.e., 
Spanish] without prejudice to the protection and promotion of 
indigenous languages.'' However, many indigenous persons speak only 
their native languages. ANIPA statistics suggest that indigenous people 
suffer from a high rate of illiteracy and a low rate of school 
attendance. Non-Spanish speakers frequently are taken advantage of in 
commercial transactions involving bilingual middlemen and have great 
difficulty finding employment in Spanish-speaking areas.
    Religious Minorities.--In the highlands of Chiapas and other 
indigenous areas, traditional leaders sometimes acquiesced in, or 
actually ordered, the expulsion, beatings, or killing of Protestants 
belonging primarily to evangelical groups. Although religious 
differences were often a prominent feature of such incidents in 
Chiapas, other factors such as ethnic differences, land disputes, and 
struggles over political power were very often at the root of the 
problem.
    On July 18, there was a violent confrontation between Catholic and 
evangelical Protestant groups in the community of Icaluntic, Chiapas. 
Two persons were injured by gunfire. Following this incident, local 
authorities drove 91 members of the Organization of Evangelical Peoples 
of the Chiapas Highlands from the community.
    On December 3, 97 evangelical residents of the Chiapas community of 
San Juan Chamula, who were expelled from their homes in July in a 
religious conflict, returned to their homes. They were escorted by 250 
state public security officers, 200 of whom remained in the community 
to ensure their safety.
    Progovernment supporters have accused the Catholic Church in the 
three Chiapas dioceses of supporting the EZLN.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and the Federal 
Labor Law (LFT) provide workers with the right to form and join trade 
unions of their choice. About 25 percent of the total work force is 
unionized, mostly in the formal sector, where about one-half the labor 
force is employed.
    No prior approval is needed to form unions, but they must register 
with the Federal Labor Secretariat (STPS) or state labor boards (JLCA) 
in order to function legally. Registration requirements are not 
onerous. However, the STPS or the JLCA occasionally withheld or delayed 
registration of unions hostile to government policies, influential 
employers, or established unions. The STPS and the JLCA also registered 
unions thatturned out to be run by extortionists or labor racketeers 
falsely claiming to represent workers. To remedy this, STPS officials 
required evidence that unions were genuine and representative before 
registering them.
    Human Rights Watch criticized the Government's system of labor 
tribunals in a report released in December, claiming that the right to 
freedom of association often was violated even when courts ruled in 
favor of organizing workers. The report states that in the case of the 
Democratic Union of Workers of the Ministry of the Environment, Natural 
Resources, and Fishing the courts allowed workers to organize formally, 
but government officials continued to interfere in such a way that the 
union could not function effectively.
    Like the Federal Labor Board (JFCA), the JLCA are tripartite. 
Although trade union presence on the boards is usually a positive 
feature, it sometimes led to unfair partiality in representation 
disputes. For example, the board member from an established union may 
work to dissuade a JLCA from recognizing a rival organization. Trade 
union registration was the subject of followup activities pursuant to a 
1995 agreement reached in ministerial consultations under the NAALC.
    Unions form federations and confederations freely without 
government approval. Most unions belong to such bodies. They, too, must 
register to have legal status. The largest trade union central was the 
Confederation of Mexican Workers (CTM), traditionally a part of the 
labor sector of the ruling PRI, but affiliation is by individual 
unions.
    The Federal Employee Union Federation (FSTSE), the Revolutionary 
Worker and Peasant Confederation, and most of the separate national 
unions, smaller confederations, and federations in the Labor Congress 
(CT) also were allied with the PRI. However, several unions do not ally 
themselves with the PRI, including the large teachers' union, which 
severed its PRI ties several years ago, freeing its minority factions 
to cooperate openly with other parties, particularly the PRD. Rivalries 
within and between PRI-allied centrals are strong. There also are a few 
small labor federations and independent unions outside the CT not 
allied with the PRI. One is the small, left-of-center Authentic Labor 
Front (FAT). Most FAT members sympathize with the PRD, but the FAT is 
independent and not formally tied to the PRD. In November 1997, 160 
labor organizations representing workers in the private and public 
sectors, led by the telephone workers and social security workers 
unions, formed the National Union of Workers (UNT)--a labor central in 
competition with the officially recognized CT. In April the Mexican 
Electricians Union (SME) announced that it would withdraw from the CT 
over its failure to give full support to the SME's opposition to the 
Government's plan to privatize partially the electric power sector.
    PRI-affiliated union officers traditionally helped select, ran as, 
and campaigned for, PRI candidates in federal and state elections and 
supported PRI government policies at crucial moments. This gave unions 
considerable influence on government policies but limited their freedom 
of action to defend member interests in other ways, particularly when 
this might harm the Government or the PRI. The CT, especially the CTM, 
is well represented in the PRI senatorial and congressional 
delegations, although their numbers diminished somewhat after the 1997 
elections.
    The International Labor Organization (ILO) Committee of Experts 
(COE) has found that certain restrictions in federal employee labor 
law, adopted at FSTSE request, violated ILO Convention 87 on freedom of 
association, which the Government has ratified. These restrictions 
allow only one union per jurisdiction, forbid union members from 
quitting the union, and prohibit reelection of union officials. In 1998 
the COE and the ILO Committee on Application of Standards reiterated 
their criticism and asked the Government to amend the law. A 1996 
Supreme Court decision invalidated similar restrictions in the laws of 
two states, but the decision applied only in the specific instances 
challenged. In May the Supreme Court extended this interpretation to 
unions in federal government entities.
    The Constitution and the LFT provide for the right to strike. The 
law requires 6 to 10 days' advance strike notice, followed by brief 
government mediation. If federal or state authorities rule a strike 
``nonexistent'' or ``illicit,'' employees must remain at work, return 
to work within 24 hours, or face dismissal. If they rule a strike 
legal, the company or unit must shut down completely, management 
officials may not enter the premises until the strike is over, and the 
company may not hire replacements for striking workers. Provisions for 
maintainingessential services are not onerous. The law also makes 
filing a strike notice an effective, commonly used threat that protects 
a failing company's assets from creditors and courts until an agreement 
is reached on severance pay. Although few strikes actually occur, 
informal stoppages are fairly common, but uncounted in statistics, and 
seldom last long enough to be recognized or ruled out of order. The law 
permits public sector strikes, but formal public sector strikes are 
rare. Informal ones are more frequent.
    During the first 11 months of the year, the JFCA reported that 
6,080 strike notices were filed and 30 legal strikes occurred in 
federal jurisdiction, 11 percent more notices and 9 percent fewer 
strikes than in the same period in 1998. Federal labor authorities did 
not stretch legal requirements to rule strikes nonexistent or illicit, 
nor did they use delays to prevent damaging strikes and force 
settlements. However, in 1998 strikers at the Han Young maquiladora 
plant in Tijuana filed an ``amparo'' (a type of injunction) action in a 
Federal District court challenging the ruling of the JLCA in Tijuana 
that declared the strike, which began on May 22 of that year, to be 
illegal. On May 3, the court recognized the striking union's right to 
the collective bargaining contract and declared the 1998 strike to have 
been legal. Acting quickly on that decision, the union put strike flags 
at the plant, but the JLCA declared the new strike illegal because the 
board had not yet been officially informed of the court's ruling nor 
given time to act on that ruling.
    On November 11, 1998, dissidents from the National Teachers Union 
used violence to force their way into the Senate. The dissidents held a 
number of senators hostage all night. That incident, although more 
violent than other incidents, was part of an ongoing struggle for 
control of the teachers' union. The Government released five leaders of 
that forcible takeover from jail on bond on February 3, after 34 days' 
detention, and reduced the charges against them.
    The Constitution and the LFT protect labor organizations from 
government interference in their internal affairs, including strike 
decisions. However, this also can protect undemocratic or corrupt union 
leaders. The law permits closed shop and exclusion clauses, allowing 
union leaders to vet and veto new hires and to force dismissal of 
anyone the union expels. Such clauses are common in collective 
bargaining agreements.
    Employer organizations slowed efforts to push for labor law reform 
early in the year and entered into discussions with the Government, and 
labor unions about reforming the LFT's rules of procedure. Government, 
employers, and unions had negotiated reforms through tripartite 
national agreements and collective bargaining at the enterprise level. 
Reforms were effected also via cooperation in programs to increase, and 
compensate for, productivity. Government, national labor unions, and 
employer organizations met periodically throughout the year to discuss 
ways and means of cooperation to boost productivity, wages, and 
competitiveness.
    Unions are free to affiliate with, and increasingly are interested 
in actively participating in, trade union internationals.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution and the LFT provide for the right to organize and bargain 
collectively. Interest by a few employees, or a union strike notice, 
compels an employer either to recognize a union and negotiate with it 
or to ask the federal or state labor board to hold a union recognition 
election. LFT prounion provisions led some employers to seek out or 
create independent ``white'' or company unions as an alternative to 
mainstream national or local unions. Representation elections are 
traditionally open, not secret. Traditionally, management and union 
officials are present with the presiding labor board official when 
workers openly declare their votes, one by one. Such open recounts are 
prevailing practice but are not required by law or regulation. Secret 
ballots are held when all parties agree.
    Wage restraints no longer exist, except for those caused by 
recession or an employer's difficult situation. Wages in most union 
contracts appeared to keep pace with or ahead of inflation, but most 
workers had not yet regained buying power lost over the past decade.
    The country's record in internal union democracy and transparency 
was mixed. Some unions were democratic, but corruption and strong-arm 
tactics were common in others.
    A disputed 1997 election for the right to the collective bargaining 
contract for workers at a Korean-owned maquiladora in Tijuana, Baja 
California continued to provoke controversy. Although the parties 
reached a settlement in January 1998, allegations that plant management 
violated health and safety regulations were considered in a public 
hearing by the U.S. NAO that year. The dispute over union 
representation at the plant continued, and in June the U.S. and Mexican 
federal labor authorities reached agreement on steps to resolve this 
dispute; as of late fall, the two sides still were discussing details 
of how those steps were to be taken.
    In another case involving freedom of association linked to the 
right to organize unions, in December 1997, 9 unions and 24 human 
rights NGO's jointly filed a submission with the U.S. NAO alleging that 
a CTM-affiliated union used strong-arm tactics to intimidate workers so 
that they would not vote in favor of a rival union to represent workers 
at a plant in Mexico state. This submission also alleged violations of 
health and safety regulations. The Canadian NAO also received a 
submission on this case in the spring of 1998. The U.S. NAO issued a 
report in July 1998 that recommended ministerial consultations. At 
year's end, U.S., Mexican, and Canadian labor authorities continued to 
discuss the issues raised in both submissions.
    On November 10, the U.S. Association of Flight Attendants filed a 
submission with the U.S. NAO alleging violations of worker rights to 
freedom of association and to bargain collectively, protection of the 
right to organize; minimum employment standards; and prevention of 
occupational injuries and illnesses at Executive Air Transport, Inc. 
(TAESA). The complaint focused on the voting process employed when the 
Mexican Flight Attendants Union sought the right to represent flight 
attendants employed by TAESA.
    The public sector is almost totally organized. Industrial areas are 
heavily organized. Even states with little industry have transport and 
public employee unions, and rural peasant organizations are 
omnipresent. The law protects workers from antiunion discrimination, 
but enforcement is uneven in the few states with low unionization.
    Unionization and wage levels in the in-bond export sector vary by 
area and sophistication of the manufacturing process. Wages have been 
lower and job creation has been greater in this sector than in more 
traditional manufacturing, but the gap continues to narrow. Wages in 
the maquiladora sector are still lower than in the traditional 
manufacturing sector, although they are approaching manufacturing 
sector level. Some observers allege poor working conditions, inadequate 
wages, and employer and government efforts to discourage unionization 
in this sector. There is no evidence that the Federal Government 
opposes unionization of the plants (the maquiladora sector tends to be 
under state jurisdiction), but some state and local governments in the 
west are said to help employers discourage unions, especially 
independent ones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced labor, which includes forced and bonded labor by 
children. There have been no credible reports of forced labor for many 
years, with the exception of abuses of refugees and illegal immigrants 
in Chiapas (see Section 2.d.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution prohibits children under 12 years of age 
from working. The law sets the minimum legal work age at 14 years. 
Those between the ages of 14 and 15 may work only limited hours, with 
no night or hazardous work, which generally makes hiring them 
uneconomical. Enforcement was reasonably good at large and medium-sized 
companies, especially in export industries and those under federal 
jurisdiction. Enforcement was inadequate at many small companies and in 
agriculture and construction. It was nearly absent in the informal 
sector, despite government efforts.
    The ILO reported that 18 percent of children 12 to 14 years of age 
work, often for parents or relatives. Most child labor is in the 
informal sector (including myriad underage street vendors), family-
owned workshops, or agriculture and ruralareas. Mexico City's central 
market employs approximately 11,000 minors between the ages of 7 and 
18, who work as cart-pushers, kitchen help, and vendors. The children 
do not receive a fixed wage, and most work long shifts, starting in the 
early morning hours. The CTM agricultural union's success years earlier 
in obtaining free transport for migrant seasonal workers from southern 
states to fields in the north inadvertently led to a significant 
increase in child labor. The union and employers were unable to 
convince indigenous farm workers to leave their families at home, and 
many have settled near work sites in the north. The union has had some 
limited success in negotiating with employers to finance education in 
Spanish and indigenous languages near work sites and in obtaining 
social security child care centers, but it has had difficulty in 
persuading member families not to bring their children into the fields. 
Many urban child workers are migrants from rural areas, are illiterate, 
and have parents who are unemployed. The law bans child labor, 
including forced or bonded labor (see Section 6.c.).
    The Federal Government increased the number of obligatory school 
years from 6 to 9 in 1992 and made parents legally liable for their 
children's attendance, as part of a reform to upgrade labor force 
skills and long-term efforts to continue increasing educational 
opportunities for and participation by youth. Scholarships offered to 
families of the abject poor under the Government's ``Progresa'' 
antipoverty program kept an additional 100,000 children in school in 
1999.
    e. Acceptable Conditions of Work.--The Constitution and the LFT 
provide for a daily minimum wage. The tripartite National Minimum Wage 
Commission (government, labor, and employers) usually sets minimum wage 
rates each December, effective January 1, but any of the three parties 
can ask that the commission reconvene during the year to consider a 
changed situation. In December the wage commission adopted a 10 percent 
increase effective January 1, 2000, based in part on the Government's 
projection of a 10 percent annual inflation rate for 2000. For the 
first time, all labor representatives on the commission abstained from 
the vote in protest, and also for the first time, the Government stood 
firm on its original offer. During the course of the year, wage and 
benefit adjustments to collective bargaining contracts averaged about 
15 to 16 percent, which was several points above the final inflation 
rate of 12.32 percent for the year.
    In Acapulco, Mexico City and nearby industrial areas, southeast 
Veracruz state's refining and petrochemical zone, and most border 
areas, the minimum daily wage was set at $3.99 (37.90 pesos). However, 
employers actually paid $4.55 because of a supplemental 14 percent 
subsidy. These income supplements to the minimum wage, agreed to in 
annual tripartite pacts, are for all incomes less than four times the 
minimum wage, decreasing as wages and benefits rise. In Guadalajara, 
Monterrey, and other advanced industrialized areas, the minimum daily 
wage (before the subsidy) was $3.70 (35.10 pesos). In other areas, it 
was $3.44 (32.70 pesos). There are higher minimums for some 
occupations, such as building trades.
    The minimum wage does not provide a decent standard of living for a 
worker and family. Few workers (about 16 percent) earn only the minimum 
wage. Industrial workers average three to four times the minimum wage, 
earning more at bigger, more advanced, and prosperous enterprises.
    The law and contract arrangements provide workers with extensive 
additional benefits. Legally required benefits include free social 
security medical treatment and pensions, individual worker housing and 
retirement accounts, substantial Christmas bonuses, paid vacations, and 
profit-sharing. Employer costs for these benefits add from about 27 
percent of payroll at marginal enterprises to over 100 percent at major 
firms with good union contracts. In addition, employers frequently 
subsidize the cost of meals, transportation, and day care for children, 
and pay bonuses for punctuality and productivity.
    The LFT sets six 8-hour days as the legal workweek, but with pay 
for 56 hours. For most industrial workers, especially under union 
contract, the true workweek is 42 hours, although they are paid for 7 
full 8-hour days. This is one reason why unions jealously defend the 
legal ban on hourly wages. Workers asked to exceed 3 hours of overtime 
per day or required to work overtime on 3 consecutive days must be paid 
triple the normal wage.
    The Federal Government established 11 special labor arbitration and 
conciliation boards (in Queretaro, Pachuca, Ciudad delCarmen, 
Zacatecas, Orizaba, Ciudad Juarez, Cancun, Colima, La Paz, Reynosa, and 
Tijuana) in 1997 and four more state offices of the STPS in 1998 to 
make it more convenient for workers to file complaints and bring other 
actions before the labor court system. In addition, the Labor Secretary 
transferred more personnel to the JFCA to reduce backlogs. He also 
highlighted as special issues child labor, women in the workplace, and 
the physically disabled by assigning responsibility for them directly 
to one of the under secretaries. In February the Labor Secretariat 
established a separate office for equality and gender issues.
    The law requires employers to observe occupational safety and 
health regulations, issued jointly by the STPS and the Social Security 
Institute (IMSS), and to pay contributions that vary according to their 
workplace safety and health experience ratings. LFT-mandated joint 
management and labor committees set standards and are responsible for 
workplace enforcement in plants and offices. These committees meet at 
least monthly to consider workplace needs and file copies of their 
minutes with federal labor inspectors. In 1998 the STPS completed 
signing agreements with all of the state labor authorities and 
implemented new regulations on inspections, which provided for 
information exchanges and federal training of state inspectors.
    STPS and IMSS officials report that compliance is reasonably good 
at most large companies. Federal inspectors are stretched too thin for 
effective enforcement if companies do not comply voluntarily and 
fulfill their legal obligation to train workers in occupational health 
and safety matters. There are special problems in construction, where 
unskilled, untrained, poorly educated, transient labor is common, 
especially at many small sites and companies. Many unions, particularly 
in construction, are not organized effectively to provide training, to 
encourage members to work safely and healthily, to participate in the 
joint committees, or to insist on their rights.
    Individual employees or unions also may complain directly to 
inspectors or safety and health officials. Workers may remove 
themselves from hazardous situations without jeopardizing their 
employment. Plaintiffs may bring complaints before the federal labor 
board at no cost to themselves.
    f. Trafficking in Persons.--Available information does not suggest 
that trafficking of persons in or to the country is a significant 
problem. However, there have been isolated cases of organized 
trafficking of persons for the purpose of forced prostitution or sexual 
services, domestic servitude, forced or bonded sweatshop labor, or 
other debt bondage. Mexico is used as a transit country for the 
trafficking of persons, especially from China, to the United States and 
Canada. The Government has significantly strengthened its cooperation 
with China, the United States, and other countries to address this 
problem. However, there were credible reports that police, immigration, 
and customs officials were involved in the trafficking of such persons 
(see Section 2.d.). There have been no reports of foreigners being 
trafficked to the country for the purpose of performing forced labor 
within its borders.
    There are no specific laws that prohibit the trafficking of 
persons; however, immigration laws, the federal organized crime law, 
and federal and state penal codes contain laws that are used to 
prosecute traffickers of undocumented migrants, women, and children.
                                 ______
                                 

                               NICARAGUA

    Nicaragua is a constitutional democracy, with a directly elected 
president, vice president, and unicameral legislature. President 
Arnoldo Aleman was elected in a free and fair election in 1996, 
defeating his closest competitor, Daniel Ortega of the Sandinista 
National Liberation Front (FSLN). The Supreme Electoral Council is an 
independent fourth branch of government. The Constitution provides for 
an independent judiciary; however, the judiciary is at times 
susceptible to political influence.
    The President is the supreme chief of the national defense and 
security forces. President Aleman established the first-ever civilian 
Defense Ministry upon his inauguration. The Ministry of Government 
oversees the National Police, which is charged formally with internal 
security. However, the police share this responsibility with the army 
in rural areas. The civilian authorities generally maintained effective 
control of the security forces. Some members of the security forces 
committed human rights abuses.
    Nicaragua is an extremely poor country, with an estimated per 
capita gross domestic product of $454. The economy is predominantly 
agricultural, dependent on sugar, beef, coffee, and seafood exports, 
with some light manufacturing. In late 1998, Hurricane Mitch had a 
devastating effect on the economic infrastructure, reducing the annual 
growth rate for 1998 from a pre-hurricane estimate of 6 percent to 4 
percent. Despite this setback, the economy grew 6.3 percent in 1999. 
The inflation rate dropped to 11.5 percent from 18.5 percent in 1998. 
The unemployment rate was estimated officially at 11 percent; however, 
some nongovernmental organizations (NGO's) estimated the rate of 
unemployment and underemployment combined at 40 to 50 percent. Private 
foreign investment continued to increase; however, economic growth 
continued to be hindered by unresolved property disputes and unclear 
land titles stemming from massive confiscations by the Sandinista 
government of the 1980's. The country continued to have a precarious 
balance of payments position and remained heavily dependent on foreign 
assistance, which also increased significantly in the wake of Hurricane 
Mitch.
    The Government generally respected many of its citizens' human 
rights; however, serious problems remained in some areas. Members of 
the security forces committed several extrajudicial killings, and 
police continued to beat and otherwise abuse detainees. There were 
allegations of torture by the authorities. Prison and police holding 
cell conditions remain harsh, although prison conditions improved 
slightly. Security forces arbitrarily arrested and detained citizens, 
although apparently less frequently than in the previous year. The 
Government effectively punished some of those who committed abuses; 
however, a degree of impunity persisted. Most of the human rights 
abusers cited by the Tripartite Commission in well-documented reports 
remain unpunished. The Government followed few of the Commission's 
recommendations, and the political will to reopen these cases is 
virtually nonexistent. In March the Government forced Colonel Lenin 
Cerna, an egregious human rights abuser and former head of state 
security under the Sandinistas, to retire from the army, along with 
some of his top deputies; however, despite Cerna's admissions in 
newspaper interviews that he committed abuses, the Government has not 
prosecuted him. Lengthy pretrial detention and long delays in trials 
remain problems, and the judiciary suffers from a large case backlog. 
The judiciary also is subject at times to political influence and 
corruption. The Supreme Court continued its structural reform program 
for the judicial system. A new Judicial Organic Law, intended to 
address many of these problems, came into effect in January; however, 
the weak judiciary continued to hamper prosecution of human rights 
abusers in some cases. In June the National Assembly elected Benjamin 
Perez, President of the Assembly's Human Rights Commission, as the 
country's first Human Rights Ombudsman. Discrimination against women is 
a problem. Violence against women and children, including domestic 
abuse and rape, remained a problem. Child prostitution increased. 
Discrimination against indigenous people is a problem. Child labor also 
remained a problem. There were some cases of trafficking for forced 
labor and trafficking in women and girls for the purpose of forced 
prostitution.
    FSLN leaders continued to threaten, in speeches and public 
statements, the use of violence for political ends.
    The civil war formally concluded in June 1990 with the 
demobilization of the Nicaraguan Resistance (RN, or ``Contras''). 
However, the rule of law and basic infrastructure do not extend to all 
rural areas. Despite the Government's disarmament campaigns, many 
citizens, especially in rural areas, are heavily armed. Marauding 
criminal gangs, some of which claimedpolitical agendas, continued to be 
a problem in the mountainous regions of the north, as well as on the 
Atlantic Coast.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings by government officials; however, there 
were several reports of extrajudicial killings by police attempting to 
arrest suspects, of suspects while in detention, and by army members in 
rural areas.
    During the year, the Inspector General's office (IG) of the 
National Police reported 18 instances in which police officers killed 
alleged criminals and 2 instances in which police seriously wounded 
criminal suspects, while attempting to arrest them. The IG 
automatically remands to the court system for review cases in which 
police use deadly force; however, the cases often take considerable 
time to process. Of the 20 cases that the IG remanded to the courts 
during the year, 3 were adjudicated. In those cases, one officer was 
found innocent of wrongdoing and released; one officer was discharged 
dishonorably; and one voluntary police officer was found guilty of 
homicide and received a prison sentence. Police Inspector General Eva 
Sacasa has stated that the police themselves are often in great danger 
when apprehending heavily armed members of criminal gangs.
    On January 12, Hilario Briones Arostegui and Santos Arostegui 
Torres, reportedly wanted by the police for multiple crimes, were 
collecting discarded cans from a trash dump in Esteli when four police 
officers in civilian clothes and two civilians identified as Pablo 
Andino and ``Cesar'' approached them. The civilian known as Cesar shot 
Briones repeatedly in the head, killing him. Arostegui attempted to 
flee, but the four police officers prevented him from doing so. Cesar 
then reportedly killed Arostegui in a manner similar to the killing of 
Briones. According to the Nicaraguan Association for Human Rights 
(ANPDH), the police could have arrested the unarmed suspects without 
difficulty. Late in the year, the ANPDH filed a formal complaint in the 
case with the police Internal Affairs Unit; action by the Internal 
Affairs Unit was pending at year's end.
    On February 14, in Puerto de Hierro, Matagalpa department, 
voluntary police officer Juan Thomas Lopez Guerrero killed Juan Adolfo 
Mejia Leon following an argument between Mejia and Lopez's brother 
while they both were attending a baseball game. According to an 
investigation by the Nicaraguan Center for Human Rights (CENIDH), after 
the argument, the Lopez brothers left the stadium and waited outside 
for Mejia to leave; Juan Lopez then killed him. The CENIDH assisted the 
victim's sister in filing a complaint with the District Court in 
Matagalpa. On February 23, a District Court judge found Lopez guilty of 
first degree homicide and sentenced him to 7 years' imprisonment. 
However, according to the CENIDH, despite the judge's guilty verdict 
and issuance of an arrest warrant, the authorities reportedly did not 
take Lopez into custody to serve his sentence by year's end, and he 
continued to serve as a voluntary police officer.
    On February 23, in Belen, Boaco department, Martin Canales Suarez 
was playing baseball with friends when army member Marcos Antonio 
Chavarria arrived in a drunken state and shot Canales approximately 40 
times with an assault rifle. The crime appeared to have roots in 
personal animosity between the two men. Chavarria fled; however, the 
case was remanded to the civilian courts, and in March a court tried 
Chavarria in absentia, found him guilty of the murder, and sentenced 
him to 30 years' imprisonment. In April the authorities took Chavarria 
into custody; he was serving his sentence at year's end.
    On April 20, Lieutenant Enrique Flores of the National Police 
antiriot unit shot and killed Roberto Jose Gonzalez, a student 
demonstrating in support of the ``6 Percent Rule'' (see Section 2.b.), 
with a rubber bullet. On April 27, a police investigative panel 
released a report indicating that Gonzalez was shot at a range of 
approximately 3 meters. Correct police procedure calls for such bullets 
to be fired from at least 20 to 30 meters. Police witnesses to the 
incident said Flores acted in self-defense after Gonzalez pointed a 
homemade mortar--a potentially lethal type of device, which had caused 
Flores to lose an ear in a previous riot--at him. Student witnesses 
disputed this account. The authorities remanded Flores's case to the 
courts following the police investigation; in June a juryfound him 
innocent of wrongdoing in Gonzalez's death and he was reinstated in the 
police force.
    On May 10, police killed Pedro Gonzalez Talavera near Villa Sandino 
in Chontales department after Talavera had arrived in the area on 
horseback to attend a local festival. A group of police officers 
recognized Talavera, who was wanted for aggravated assault, and chased 
him; six officers then shot at him with assault rifles. A subsequent 
investigation indicated that a shot fired from a distance of about 
1,000 feet knocked Talavera off his horse; police officer Donald de 
Jesus Lanzas then allegedly approached Talavara as he lay on the 
ground, kicked him, and shot him twice, killing him. The authorities 
charged Lanzas and several other police officers with premeditated 
homicide; however, despite evidence presented by the CENIDH in the 
case, in June the presiding judge released the officers without 
charges. At year's end, the case was pending in the Appellate Court of 
Juigalpa.
    On August 20, in the town of Jicaro, police shot brothers William 
and Roger Chavarria Garcia, killing William and wounding Roger. 
According to the CENIDH, the victims were wanted for cattle rustling; 
however, according to the police IG's office and the ANPDH, the 
incident began when the victims, who were inebriated and on horseback, 
deliberately knocked over officer Juan Arguijo's motorcycle. There also 
reportedly was personal animosity between William and voluntary police 
officer Dimas Pasos Centeno, one of the officers involved in the 
incident. In September a court convicted Pasos of William Chavarria's 
murder and sentenced him to a prison term; the court found three other 
officers innocent in the case.
    On November 17 in La Libertad, Chontales department, police shot 
and killed Armando Roberto Perez Ocana, who was wanted in Juigalpa on 
robbery charges, after they arrived to expel a group of squatters at 
the house where Perez was living. According to family members, after 
four officers entered the house and found Perez lying down complaining 
of stomach pain, Lieutenant Victor Galeano hit Perez with the butt of 
his rifle. Moments later, Galeano shot Perez; Perez died of his wounds 
on the way to a local medical facility. The police claimed that Galeano 
shot Perez in self-defense; however, the CENIDH concluded after looking 
into the case that the police account lacked credibility. In December 
the Criminal Circuit Court of Juigalpa accepted the argument of self-
defense and opted not to pursue charges against Galeano or the other 
officers involved in the incident.
    In August Wilmer Antonio Gonzalez Rojas, age 16, committed suicide 
in Modelo prison near Managua; a subsequent investigation indicated 
that Gonzalez was subjected to abusive treatment by prison personnel 
prior to his death (see Section 1.c.).
    On December 24, 1998, police officer Nicasio Martin Jiron killed 
14-year-old Everet Alexander Gonzalez Gaitan in the German Pomares 
neighborhood of Managua. Jiron and other police officers reportedly 
were attempting to apprehend an armed robbery suspect when a group of 
neighborhood residents attempted to prevent the suspect's arrest; in 
the ensuing clash between residents and police, Jiron shot Gonzalez. A 
lower court released Jiron without charges, but in January an appellate 
court found him guilty of involuntary homicide.
    On December 25, 1998, Douglas Enrique Toruno was leaving the 
Enamores discotheque in Condega when two soldiers in a state of severe 
inebriation arrived and began firing automatic weapons indiscriminately 
in the direction of Toruno and his friends. One of the bullets hit 
Toruno in the back, and he died shortly thereafter. In February the 
District Criminal Court found one of the soldiers, Sergeant Mario 
Garcia Perez, guilty of murder and sentenced him to 7 years in prison. 
The court absolved the second soldier, Francisco Bello Oporta, of 
wrongdoing.
    There were no further developments in the 1997 Wamblan case in 
which 16-year-old Irma Lopez was killed, after allegedly being raped, 
by an army patrol.
    There were no further developments in the 1997 La Patriota case, in 
which members of the army killed five members of a criminal band as 
they slept.
    There were no further developments in the case of former army 
officer Frank Ibarra, who in 1993 was sentenced in absentia to 20 
years' imprisonment for the November 1992 murder of Dr. Arges Sequeira 
Mangas, president of the Association of Nicaraguan Confiscated Property 
Owners. (The killing occurred when Ibarra was still a member of the 
army.)
    There were no further developments in cases cited by the Tripartite 
Commission. The Commission, established by then-President Violeta 
Chamorro in 1992 to address the issue of unresolved deaths of former 
Contras and others, was composed of representatives from the 
Government, the Catholic Church, and the OAS International Support and 
Verification Commission (CIAV). It concluded its review in October 1996 
and turned over 83 human rights cases involving 164 allegedly murdered 
former combatants, as well as 181 specific recommendations, to the 
Government for followup. However, only one soldier and five policemen 
cited by the Commission ever served a partial or whole sentence.
    In March the Government forced Colonel Lenin Cerna, an egregious 
human rights abuser and former head of state security under the 
Sandinistas, to retire from the army, along with some of his top 
deputies; however, despite Cerna's admissions in newspaper interviews 
that he committed abuses, the Government did not prosecute him.
    In 1997 the Government negotiated the disbandment and disarmament 
of over 1,200 members, a majority of them former Contras, of the 
``Northern Front 3-80'' and promised them food, clothing, seeds, and 
small plots of land. It also disarmed 423 members of the pro-Sandinista 
``Andres Castro United Front'' (FUAC). Despite these successful 
disarmaments, armed bands, including former members of the 3-80 front 
and FUAC engaged in murder, kidnaping for ransom, and armed robbery in 
the north and north-central regions. FUAC members have alleged that 
they were acting in opposition to the Aleman administration, and FSLN 
leaders have made positive reference to the FUAC activities in public 
statements. Law enforcement groups and political analysts described the 
political motivations as tenuous and stated that most of these actions 
were purely criminal in nature.
    In 1998 members of a Sandinista-affiliated agricultural cooperative 
attacked a group of squatters at the Las Plazuelas Ranch in Chontales 
department, leaving three persons dead and seven wounded. The ANPDH 
alleged the involvement of voluntary police officers in the killings. 
Although in December 1998, a jury found five voluntary police officers 
innocent of murder charges in the case, IG Sacasa's office expelled 
them from the police force. The ANPDH asserted that the authorities 
failed to take any action against the persons who had planned the 
attack. At year's end, the ranch remained in the hands of the 
cooperative members allegedly responsible for the killings.
    There were no new developments related to the February 1991 killing 
of former Contra commander Enrique Bermudez.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law makes the use of torture a punishable crime; 
however, there were credible reports that police beat or otherwise 
physically mistreated detainees, often to obtain confessions. During 
the year, the ANPDH received 70 complaints of torture or degrading 
treatment by the authorities. The ANDPH and other human rights groups 
forwarded complaints of human rights abuses directly to police 
Inspector General Sacasa, who proved willing to prosecute abusers. 
During the year, her office recorded 94 complaints of physical abuse by 
police, including those submitted by the ANPDH, and found 26 to have 
merit. The Inspector General sanctioned 51 officers in these cases.
    While the Inspector General's office investigated allegations of 
abuse and sanctioned the offenders in many cases, a degree of impunity 
persisted. Inadequate budget support for the National Police also 
hampered efforts to improve police performance and resulted in a 
continuing shortage of officers. However, the police were provided with 
some training during the year, much of it through international 
assistance programs.
    The Office of Civil Inspection for Professional Responsibility is 
responsible for monitoring allegations of illegal detention and police 
abuse and forwarding complaints received to the police Inspector 
General for followup action. A small budget and a small staff limited 
its effectiveness. Police Inspector General Sacasa received a total of 
529 complaints of human rights abuses by police officers during the 
year, including complaints forwarded by the Office of Civil Inspection 
for Professional Responsibility, and found 155 of these cases tohave 
merit. She sanctioned a total of 232 officers for violations of human 
rights. Of those sanctioned, 11 officers were discharged dishonorably, 
and 54 were remanded to the courts; the rest received lesser 
punishments, including demotion, suspension and loss of pay.
    In April a number of persons were injured in a series of violent 
clashes between police and students demonstrating in support of 
additional government funding for universities (see Sections 2.a. and 
2.b.). During one of the demonstrations on April 9, police injured some 
demonstrators when they shot rubber bullets at a group of protesters 
after some protesters threw homemade grenades at police officers. There 
were media reports that police beat a student whom they detained. After 
conducting an investigation, the Chief of Police announced that six 
police officers would be remanded to the courts on charges of 
destruction of property (a sound system being used by students) and 
using unnecessary force in dealing with students during the 
demonstration. In May a court found the six officers innocent of the 
charges. On April 20, when further student demonstrations took place, 
the police killed one student (see Section 1.a.), and four police 
officers and several students were wounded, in violent confrontations 
between demonstrators and police. In addition, Luis Chavez, age 12, was 
severely wounded by the explosion of a homemade grenade apparently left 
behind by a demonstrator.
    Prison conditions remained harsh, although they improved slightly. 
The prison system is overcrowded and underfunded, with medical 
attention virtually nonexistent. There was some improvement in prison 
food, but malnutrition remained a widespread problem in local jails and 
police holding cells. A series of uprisings at the Modelo Prison in 
Tipitapa, just outside Managua, coincided with a change in the 
leadership of the prison system. In February William Frech, the first 
civilian prison director in more than 20 years, replaced the quasi-
military prison administration that had been in place since the 1980's. 
Frech, a lawyer and a sociologist, attempted to provide more humane 
treatment for prisoners, but soon faced the threat of a walkout by 
prison guards after he fired the Modelo Prison director and three 
deputies in May. The conflict was resolved on May 11 after high-level 
mediation and concessions by both sides. After Frech's appointment, 
prison conditions improved slightly due to the arrival of 1,200 donated 
beds and to small improvements in medical care. In October Frech 
resigned, and the Government appointed another civilian, Carlos 
Quintana, to replace him. According to government statistics, prisons 
had a total inmate population of 5,298 in September, down from 5,570 in 
September 1998.
    In August 16-year-old Wilmer Antonio Gonzalez Rojas committed 
suicide in Modelo Prison. In letters he wrote before taking his life, 
Gonzalez described severe beatings by a prison official called 
``Rocky'' and solitary confinement in a small ``punishment cell'' for 
months. At the time of his death, Gonzalez, who had served 15 months in 
prison, believed that he had to serve another 21 months; he had not 
been informed yet that his sentence had been reduced, requiring him to 
serve only 3 more months before being released. Then-Director of 
Prisons William Frech initiated an investigation into Gonzalez's death; 
as a result of the investigation, the prison psychologist, the prison 
official responsible for Gonzalez's transfer to a punishment cell, and 
the prison guard known as Rocky all were fired. An additional six 
prison officials were reprimanded and demoted. However, the authorities 
did not file criminal charges against any of those involved.
    Prison officials calculated that the daily expenditure per prisoner 
for food was about $0.58 (7 cordobas) and reported that the annual 
budget for food remained constant. However, food distribution improved 
after Frech's appointment as Director of Prisons. Many prisoners also 
received additional food from visiting family and friends. Medical care 
available to prisoners fell far short of basic needs. Some prisons and 
many police holding cells were dark, poorly ventilated, and unhygienic. 
At the Bluefields jail, there were only 4 showers and 4 toilets for 
more than 150 prisoners.
    As of September, 4 percent of the prison population were between 
the ages of 15 and 18, compared with 8.5 percent in 1998 and 10.4 
percent in 1997. Youths generally are housed in separate prison wings 
from those housing adults; however, at year's end, some prisons outside 
the Managua area had not completed the process of establishing separate 
facilities for juveniles or converting part of their existing prison 
space into separate youth wings. In the Managua area, juveniles are 
housed in the youth wing of the Modelo Prison. Only Managua has a 
separate prison for women; outside the Managua area, women were housed 
inseparate wings in prison facilities and were guarded by female 
custodians. As of September, females made up 4.5 percent of the prison 
population. The Public Defender's office assigned two full-time 
employees to work with the women's prison system to help ensure its 
proper functioning in such areas as timely release of inmates granted 
parole.
    Conditions in jails and holding cells also remained harsh. Police 
station holding cells were severely overcrowded. Suspects often were 
left in these cells during their trials, since budgetary shortfalls 
often restricted the use of fuel for frequent transfers to distant 
courtrooms. At the Corn Island jail, six cells holding six detainees 
each frequently were filled to capacity. At the Bluefields jail, over 
150 prisoners were crowded into 4 cells originally designed to hold 8 
prisoners apiece. The authorities occasionally released detainees when 
they no longer could feed them.
    Several churches and national and international NGO's donate 
foodstuffs, beds, and medicine to the prison system to help alleviate 
shortfalls, which remain severe. The ANPDH worked with the Director of 
Prisons in an effort to ensure that prisoners were released in a timely 
fashion when their sentence had been served or they were granted parole 
(see Section 1.e.). Prison guards received human rights training from 
NGO's and the Catholic Church and generally treated prisoners well, 
although there were some reports of abuses.
    The Government permits prison visits by independent human rights 
monitors.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention by the police remains a problem, but apparently occurred less 
frequently than in the previous year. The Police Functions Law requires 
police to obtain a warrant prior to detaining a suspect and to notify 
family members within 24 hours of the detainee's whereabouts. 
Compliance with this law increased significantly in 1999, largely 
because of pressure applied by the police internal affairs office and 
support for compliance from Chief of Police Franco Montealegre. 
Detainees do not have the right to an attorney until they have been 
charged formally with a crime. Local human rights groups are critical 
of the law for providing inadequate judicial oversight of police 
arrests.
    The 1995 constitutional reforms reduced from 72 to 48 hours the 
time police may hold a suspect legally before they must bring the 
person before a judge to decide if charges should be brought. The judge 
must then either order the accused released or transferred to prison. 
Although cumbersome, this law was more closely observed than in past 
years, and few prisoners were held illegally beyond the 48-hour 
deadline.
    Lengthy pretrial detention remained a problem. It is estimated 
that, contrary to law, as many as one-third of prisoners had been 
jailed for 6 months or more without a trial. Some prisoners spend more 
than a year in jail without a trial.
    During the year, the ANPDH forwarded 113 complaints of illegal 
detention to the police IG's office. That office deemed 13 complaints 
to merit investigation. Of these, nine were determined to be without 
merit and four remained under investigation at year's end. Some 
complaints came to the IG's office directly, while others were made via 
human rights organizations such as the ANPDH and the Permanent 
Commission for Human Rights (CPDH). As in past years, incidents of 
arbitrary detention were most common in Managua and in the rural 
northern and north-central regions, where much of the civil war was 
fought.
    Exile is not practiced. There were no reports of political violence 
against any citizens returning from civil war era self-imposed exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary is susceptible at times 
to political influence. The judiciary is hampered by arcane legal 
codes, prosecutors who play a passive role, a hitherto nonexistent 
public defender's office, judges and lawyers who often lack sufficient 
training or education, and corruption. In the past, many judges were 
not lawyers. Judges' political sympathies or acceptance of bribes 
reportedly often influenced judicial actions and findings.
    The judicial system comprises both civil and military courts. The 
12-member Supreme Court is the system's highest court, and in addition 
to administering the judicial system, is also responsible for 
nominating all appellate and lower court judges. The Court is divided 
into specialized chambers on administrative, criminal, constitutional, 
and civil matters. Under the Law of the Child and Family, which took 
effect in 1998, the Attorney General's office rather than the police 
investigates crimes committed by and against juveniles. The 1994 
Military Code requires the civilian court system to try members of the 
military charged with common crimes.
    A 5-year administration of justice reform program, begun in 1997, 
continued during the year. A new Judicial Organic Law, passed by the 
National Assembly in 1997 to overhaul the archaic structure of the 
court system, finally was signed by President Aleman in 1998 and took 
effect in January. The new law contains a provision establishing 
minimum professional standards for judicial appointees. The Supreme 
Court commission supervising the revision of the country's outdated 
criminal codes and procedures continued its work, in coordination with 
the National Assembly's Judicial Commission. Reform of these codes is 
intended to reduce judicial delays and resulting excessive pretrial 
detention. By year's end, the Assembly's Judicial Commission approved a 
new draft Criminal Code, which was scheduled for consideration by the 
full Assembly in 2000. At year's end, a special subcommission of the 
Judicial Commission was reviewing a new draft Criminal Procedures Code. 
A draft of an important reform of the Attorney General's office and 
functions was made public in May and was under review by a special 
commission of the Assembly at year's end.
    All legal actions on property-related lawsuits in district courts 
were suspended in December 1997 in anticipation of the establishment of 
new mediation and arbitration services referred to as ``new property 
courts'' (see Section 1.f.). By year's end, the delay in establishing 
the new courts had deprived property claimants of due process in the 
judicial system for 24 months.
    Human rights and lawyers' groups complained about the delay of 
justice, sometimes for years, caused by judicial inaction. Among the 
steps the judiciary took to address such delays were an increase in the 
number of courts, the creation of a Public Defender's office in 
Managua, the designation of trained lawyers as judges, the creation of 
an appeals court on the Atlantic Coast, and a separation of juvenile 
courts from adult courts in Managua.
    Judges appear susceptible to corruption. For example, in June the 
president of Banco del Sur was accused of corruption and fled the 
country. The National Police tracked him for several weeks; he 
eventually turned himself over to the authorities, after which he came 
to Managua to stand trial. Under suspicious circumstances, the judge 
handling his case absolved him of all wrongdoing.
    In an ongoing campaign to reduce incompetence and corruption in the 
judiciary, the Supreme Court removed an additional 10 judges during the 
first half of the year, bringing the total removed since the campaign 
began in 1997 to 104--more than one-third of the 300 judges in the 
system. The Judicial Inspector's office received 238 official 
complaints against lawyers, judges and judicial functionaries in the 
first half of the year.
    Judges at times appeared to be susceptible to political influence. 
On November 8, a criminal court judge handed down a ``provisional 
sentence'' (similar to an indictment) against Controller General 
Agustin Jarquin and two codefendants, journalist Danilo Lacayo and 
Nestor Abaunza, a former employee of the Comptroller General's office, 
for fraud against the State in connection with payments of official 
funds Jarquin made to Lacayo with Abaunza's involvement (see Section 
2.a.). The same day, Jarquin relinquished his position as Comptroller 
General. However, contrary to normal practice, the judge did not issue 
a warrant for the arrest or detention of Jarquin or his codefendants 
prior to making her ruling. Following criticism by jurists and the 
press of this departure from normal procedure, the judge issued a 
warrant and police arrested Jarquin and his codefendants on November 
10. Jarquin and his codefendants appealed the court's ruling, as 
provided for in the law; in December an appeals court overturned the 
provisional sentencing on the fraud charge; all three defendants were 
released from custody and Jarquin resumed his position as Controller 
General.
    In criminal cases, the accused has the right to legal counsel, and 
defendants are presumed innocent until proven guilty. The new Judicial 
Organic Law provided for the establishment of a Public Defender's 
office to represent indigent defendants. Atyear's end, the office was 
operational in Managua and had 13 appointed public defenders; however, 
more are needed. Elsewhere in the country where public defenders were 
not available, the system in effect before the passage of the new law 
continued in use. Under that system, the presiding judge appoints 
attorneys from a standard list to represent indigent defendants, but, 
because they are not paid by the State, many attorneys have paid a fine 
of about $8.30 (100 cordobas) rather than represent such clients.
    According to the ANPDH, despite difficulties in implementing fully 
the provisions of the new law, the number of indigent defendants who 
went to trial without an attorney to represent them decreased 
significantly. Under the Napoleonic legal system, a trial does not 
consist of a public hearing. Rather, there is a desk review by a 
magistrate of the accused's file. An initial hearing usually is held 
within the constitutionally mandated 10 days. Although very simple 
cases or those with high profile or outside interest may be resolved 
quickly, many languish for months. Due to a lack of administrative 
coordination between judges and the penal system, many prisoners have 
remained in prison after their scheduled release date. The ANPDH worked 
with the Director of Prisons during the year in an effort to ensure 
that prisoners were released in a timely manner after serving their 
sentence or being granted parole.
    Despite improvements to the criminal law system, the country still 
lacks an effective civil law system. As a result, cases more properly 
handled in a civil proceeding often are transmuted into criminal 
proceedings. One party then effectively is blackmailed, being jailed 
due to action by the party wielding greater influence with the judge. 
In addition, this heavy civil-based criminal caseload claims attention 
from an overburdened public prosecutor's office and diverts resources 
that otherwise could be directed toward genuine criminal matters.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for protection against these 
abuses, and the Government generally respected these provisions in 
practice. The Constitution stipulates that all persons have the right 
to privacy of their family and to the inviolability of their home, 
correspondence, and communications; requires warrants for searches of 
private homes; and excludes from legal proceedings illegally seized 
letters, documents, and private papers.
    In November 1997, the National Assembly passed a law intended to 
resolve longstanding property disputes that stemmed from massive 
confiscations by the Sandinista government in the 1980's. The law's 
purpose is to implement President Aleman's 1996 campaign promise that 
the poor would receive titles to properties received during Sandinista-
era land redistributions, and that wealthier beneficiaries either would 
have to pay for such properties or return them. The law suspended 
judicial actions on property claims until new property courts offering 
mediation and arbitration procedures are established to expedite 
settlement of property disputes. By year's end, the Supreme Court had 
established the physical locations for the new courts and had begun 
identifying personnel to train mediators and arbitrators; however, the 
courts were not operational yet at year's end, and property claims, 
some of which had been pending for over 2 years, remained suspended.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government respects these 
rights in practice. However, freedom of the press is potentially 
qualified by several constitutional provisions. The 1987 Constitution 
stipulates that citizens have the right to ``accurate information,'' 
thereby providing an exception by which the freedom to publish 
information that the Government deems inaccurate could be abridged. 
Although the right to information cannot be subject to censorship, 
there is retroactive liability established by law, defined as a 
``social responsibility,''implying the potential for sanctions against 
irresponsibility by the press. Although the legislature did not modify 
these provisions in the 1995 constitutional reforms, the Government has 
not invoked these provisions to suppress the media.
    The Inter-American Press Association (IAPA) reported that during 
the year, members of the pro-Sandinista Nicaraguan Journalists Union 
and leaders and members of the Nicaraguan Journalists' Association 
attempted to revive legislation to establish a professional 
journalist's guild. Although in 1996 the National Assembly passed a 
bill that would have established such a guild, the bill never was 
signed into law. The journalistic community was divided sharply over 
whether such a law would improve the quality of journalism or merely 
restrict freedom of speech and of the press. The IAPA expressed concern 
about any attempts to revive this proposal and also about the possible 
effect on press freedom of a provision in the new draft Criminal Code 
approved by the Judicial Commission of the National Assembly (see 
Section 1.e.) that would increase the possible penalties for libel and 
slander.
    The privately owned print media, the broadcast media, and academic 
circles freely and openly discussed diverse viewpoints in public 
discourse without government interference. However, the IAPA reported 
that the Government directed a disproportionate amount of total 
government advertising in the print media to publications favorable to 
the Government and denied to a newspaper critical of the government 
certain tax benefits provided to other media businesses.
    The news medium with the largest national audience is radio, but 
polls show that television is the primary source of news in the cities. 
There are 117 chartered radio stations in the country; listeners 
receive a wide variety of political viewpoints, especially on the 67 
stations based in Managua. There are seven Managua-based television 
stations, six of which carry news programming, often with noticeable 
partisan political content. In addition, there are 60 cable television 
franchises that offer services in most large and medium-sized cities.
    In March a presidential adviser publicly asserted that Controller 
General Agustin Jarquin, a political rival of President Aleman who 
previously had raised questions about the President's financial 
holdings, had made payments from official funds to numerous political 
allies and journalists through contracts for ``public relations 
consulting.'' The next day, a major daily newspaper identified one of 
the beneficiaries, who used a false identity to receive payments, as a 
well-known journalist and host of a popular television interview 
program. There were allegations that the payments were made in return 
for media coverage favorable to Jarquin in his ongoing dispute with the 
Aleman administration about alleged government corruption. Jarquin and 
the journalist, Danilo Lacayo, both acknowledged the payments, but 
claimed that Lacayo had provided unspecified investigative support in 
return and denied that the purpose was to influence media coverage of 
Jarquin. Following public disclosure of the payments, Lacayo resigned 
from his television show. In November a judge in Managua charged 
Jarquin, Lacayo, and a third individual with fraud against the State in 
connection with the payments. The defendants appealed the judge's 
finding; in December the appeals tribunal overturned the lower court's 
ruling and dismissed the fraud charge (see Section 1.e.). However, the 
tribunal did not rule out the possibility of further judicial action 
against the defendants on lesser charges, including falsification of 
documents, mismanagement of funds and use of a false name.
    The IAPA reported that in June Mario Mariena Martinez, a reporter 
for a major daily newspaper, was prevented from covering a presidential 
news conference. The presidential communications secretariat issued a 
statement that it suspended Mariena's credentials due to his improper 
attitude. A presidential advisor stated that he asked the newspaper's 
managing editor to assign another reporter to cover the President; the 
newspaper subsequently published an editorial protesting the government 
action regarding Mariena.
    The Government does not restrict academic freedom. In April student 
demonstrations organized by the FSLN to demand increased government 
funding for universities under the so-called ``6 Percent Rule,'' a 
Sandinista-supported constitutional provision that allocates funding 
for universities at 6 percent of the national budget, led to violent 
confrontations between police and university students, which resulted 
in one death and several injuries (see Sections 1.a., 1.c., and 2.b.). 
On May 5, the situation finally was defused when the National Assembly 
reached a compromise agreement on university funding following 
government talks with university and student representatives.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
recognizes the right to peaceful assembly without prior permission, and 
the Government generally respects this right in practice. However, the 
Constitution also recognizes the right to public assembly, 
demonstration, and mobilization ``in conformity with the law,'' and the 
law requires demonstrators to obtain permission for a rally or march by 
registering its planned size and location with the police. The 
authorities routinely granted such permission, but many groups chose 
not to register because, they claimed, the process was too cumbersome.
    In April there were violent confrontations between police and 
university students during a series of student demonstrations (see 
Section 2.a.). On April 9, several hundred students confronted police 
outside the National Assembly building in Managua while the Assembly 
was debating the budget. Some students threw homemade grenades at 
police, who responded by shooting rubber bullets, wounding some 
students (see Section 1.c.). In another demonstration on April 20, a 
student was killed by a rubber bullet fired by a police officer as 
antiriot police were attempting to dislodge a group of 80 to 100 masked 
students who had taken over the Central Bank building (see Section 
1.a.). Following this incident, a 12-year-old boy was maimed by the 
explosion of a homemade grenade apparently left behind by a 
demonstrator (see Section 1.c.). Later the same day, students and 
others, apparently including youth gang members and older agitators, 
attacked police headquarters in Managua with rocks and homemade 
grenades and vandalized and looted the headquarters of the governing 
Liberal Constitutionalist Party. Four police officers and several 
students reportedly were injured in the incidents (see Section 1.c.). 
On April 22, a large group of pro-Sandinista students tried to assault 
Managua police headquarters with rocks and homemade explosive devices; 
they withdrew after antiriot police responded with rubber bullets and 
tear gas.
    The Constitution provides for the right to organize or affiliate 
with political parties, and the Government respects this right in 
practice. Opposition and independent associations functioned freely 
without government interference or restriction. Private associations do 
not have legal status to conduct private fund raising or receive public 
financial support until they receive this authorization from the 
National Assembly, which it routinely confers.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for the right 
to travel and reside anywhere in the country and to enter and exit the 
country freely, and the Government respects these rights in practice. 
In December 1998, the Government abolished a requirement that citizens 
and residents obtain an exit visa to leave the country. The right of 
citizens to return to the country is not established in the 
Constitution, but in practice the Government has not restricted 
anyone's return.
    The Government cooperates with the office of the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees. The Constitution provides for asylum, and refugees 
cannot be expelled to the country that persecuted them. The issue of 
the provision of first asylum did not arise. There were no reports of 
the forced return of persons to a country where they feared 
persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens exercised their right peacefully to change their 
government in free and fair national elections in 1996 held under the 
auspices of the Supreme Electoral Council (CSE), an independent branch 
of government. Over 90 percent of eligible voters registered, and 76 
percent of eligible voters voted in 1996. Over 3,000 national and 
international observers declared the elections free and fair, despite 
some logistical and organizational problems.
    The 1995 reforms to the 1987 Constitution established a more equal 
distribution of power and authority among the four coequal branches of 
government. The executive branch is headed by thePresident and a 
cabinet appointed by the President, who is both head of state and head 
of government, as well as supreme chief of the defense and security 
forces. The Vice President has no constitutionally mandated duties or 
powers. Both the President and Vice President are elected to 5-year 
terms by direct popular vote, with the possibility of a runoff election 
between the top two candidates if one does not obtain at least 45 
percent of the vote on the first ballot. The Constitution does not 
permit reelection of the President.
    A single-chamber National Assembly exercises legislative power. In 
October 1996, voters chose 93 members, including 20 deputies from 
nationwide lists, 70 from lists presented in each of the 15 departments 
and the 2 autonomous regions, and 3 defeated presidential candidates 
who obtained a minimum percentage of the national vote. Members elected 
concurrently with the President and Vice President in 1996 are to serve 
5-year terms.
    On December 10, the National Assembly voted to approve a package of 
proposed constitutional amendments supported by the leadership of both 
the governing Liberal Constitutionalist Party and the opposition FSLN. 
The proposed amendments require a second favorable vote in the 
subsequent National Assembly session, scheduled to begin in January 
2000, in order to take effect. Key elements of the legislation include 
a change in the requirements that a presidential candidate must meet to 
avoid a second-round runoff election; expansion of the Supreme Court 
from 12 to 16 judges; expansion of the CSE from 5 to 7 magistrates; an 
automatic assembly seat for the outgoing President and Vice President; 
a requirement for a two-thirds majority vote in the Assembly, rather 
than the current ``qualified majority'' vote, to remove presidential 
immunity from prosecution; and the replacement of the current single 
Controller with a 5-person collegial body. The proposed amendments 
provide for election of the President and the Vice President in the 
first round of voting if one political party wins at least 40 percent 
of the vote, or if one party wins at least 35 percent of the vote and 
the party in second place is more than 5 percentage points behind the 
front-runner. In addition, a party would lose its legal status if it 
obtained less than 4 percent of the vote in a general election. The 
latter provision, if enacted, is expected greatly to reduce the number 
of parties eligible to field candidates in general elections; over 20 
parties ran candidates in the 1996 elections.
    There are no restrictions in law or practice against women, 
indigenous groups, or other minorities voting or participating in 
politics; however, they are underrepresented. Women served as President 
and Vice President until January 1997, and a woman serves as president 
of the CSE. Additionally, 3 of 12 Supreme Court justices are women; 
women hold ministerial, vice ministerial, and other senior positions in 
government; and voters elected 10 women to the National Assembly in 
October 1996. Two members of the National Assembly claim indigenous 
heritage.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    With the exception of some peace commissions, human rights groups 
operated without government interference. Major organizations included 
the Permanent Commission for Human Rights (CPDH), the Nicaraguan 
Association for Human Rights (ANPDH), and the Nicaraguan Center for 
Human Rights (CENIDH). During the year, the CENIDH demonstrated 
increased independence from the FSLN by supporting Zoilamerica Narvaez 
in a complaint that she filed with the IACHR against her stepfather--
FSLN leader, former President, and National Assembly Deputy Daniel 
Ortega--for sexually abusing her (see Section 5). However, the CENIDH 
maintained sufficient allegiance to the FSLN to limit the objectivity 
and impact of much of its reporting. The ANPDH, the CENIDH, the CPDH, 
and the Catholic Relief Services continued to conduct human rights 
workshops at the police training academy, at various police 
headquarters, and with army units throughout the country. Some military 
officers received internationally sponsored human rights training.
    In July 1997, a small successor organization to the OAS/CIAV, the 
OAS Technical Cooperation Mission (TCM), opened at the request of the 
Government and continues to operate. The TCM's presence was focused on 
the 13 municipalities that were affected most adversely by the decade-
long civil war, where the TCM worked on conflict resolution, 
reconciliation, improving local government, and extending legal 
infrastructure.
    The OAS/CIAV and Catholic Relief Services helped maintain more than 
200 peace commissions in the northern and central parts ofthe country, 
intended to give inhabitants of the area a means of dispute resolution, 
a means of monitoring human rights abuses, and a vehicle for expressing 
their concerns to government authorities. Many of the commissions 
operate in areas that are without any governmental presence, and serve 
as surrogates for absent police and courts. The Government granted 
legal standing to additional such grassroots organizations during the 
year. Some peace commission members initially reported that soldiers, 
rural police, and local residents sometimes misunderstood their efforts 
at advocacy on behalf of jailed criminals, interpreting them as 
challenges to law enforcement officials' authority. However, during the 
year, the commissions continued to report increased support from all 
elements of the societies they serve, including law enforcement.
    In 1995 the National Assembly passed a law creating a Human Rights 
Ombudsman's office, with the Ombudsman to be elected by the Assembly. 
In June, after a delay of nearly 5 years, the National Assembly elected 
Benjamin Perez, formerly the head of the Assembly's Human Rights 
Commission, as the country's first Ombudsman. The Assembly also elected 
Julian Corrales as Deputy Ombudsman.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination on the basis of birth, 
nationality, political belief, race, gender, language, religion, 
opinion, national origin, economic condition, or social condition. In 
practice the Government made little or no effort to combat 
discrimination. However, few, if any, discrimination suits or formal 
complaints were filed with government officials.
    Women.--The most prevalent violations of women's rights involved 
domestic and sexual violence, which were widespread and under-reported. 
The Nicaraguan Demography and Census office reported that in a 1998 
poll of 13,600 women, more than 3,900 women stated that they had been 
physically or sexually abused by their husbands or boyfriends; 1,400 
stated that they were abused while pregnant, and 2,800 reported that 
they had suffered severe physical abuse during the previous year.
    The National Police confirmed local human rights groups' charges 
that while police sometimes intervene to prevent injury in cases of 
domestic violence, they rarely prosecute perpetrators because victims 
often refuse to press charges. Those cases that actually reached the 
courts usually resulted in a not guilty verdict due to judicial 
inexperience with, and lack of legal training related to, proper 
judicial handling of such violence.
    The National Police reported 1,253 instances of rape during 1998, 
up very slightly from 1,249 cases in 1997. Many women are reluctant to 
report abuse or file charges due to social stigmas attached to victims 
of rape. However, police stated that the apparent rise in rapes from 
previous years is at least partially due to the increased willingness 
of rape victims to report the crime.
    On October 24, with the help of the CENIDH, Zoilamerica Narvaez 
filed a complaint with the IACHR against her stepfather, FSLN leader, 
National Assembly Deputy, and former President Daniel Ortega. Narvaez 
asserted that Ortega sexually molested and harassed her from the time 
she was 11 years old until she filed charges against him in 1997. The 
case publicized the problems of incest, rape, and women's rights and 
also highlighted the issue of immunity from prosecution for 
parliamentary deputies. In 1998 Narvaez championed an effort to 
persuade the National Assembly to withdraw Ortega's immunity so that 
she could bring a lawsuit against him; however, the Assembly did not 
take up the issue of Ortega's immunity by year's end. On November 8, 
the IACHR officially opened a case in response to Narvaez's complaint 
and advised the Government that it would be required to respond to the 
charges. The Government did not do so by year's end.
    The police manage 14 ``women's commissariats'' in 11 cities. Each 
commissariat is located adjacent to a police station and is staffed by 
six police officers, two social workers, one psychologist, and one 
lawyer. The commissariats provide both social and legal help to women 
and mediate spousal conflicts. The 1996 Law against Aggression against 
Women reformed the Criminal Code to make domestic violence a crime and 
to provide for up to 6 years' imprisonment for those found guilty of 
such violence. The law also provided for the issuance of restraining 
orders in cases in which women fear for their safety.
    Prostitution is common, and there were credible reports that some 
women were trafficked and forced into prostitution (see Sections 6.c. 
and 6.f.). Modes of prostitution vary. In Managua most prostitutes work 
on the streets or clandestinely in nightclubs. In towns along the Pan 
American Highway, women and girls sell sexual services to truck drivers 
and other travelers, often foreigners driving north from Costa Rica. In 
port cities such as Corinto, the primary clientele are sailors. Corinto 
is unusual in that prostitutes receive medical examinations and the 
town provides those who are free of disease with cards certifying this. 
In addition, prostitutes in Corinto reportedly often worked together to 
maintain a rudimentary price-setting structure that enabled them to 
earn much more than prostitutes generally earn in other areas. However, 
in most areas, prostitutes do not have access to medical screening or 
treatment.
    Although the Constitution provides for equality between the sexes, 
reports of discrimination against women are persistent and widely 
believed. A 1998 poll on women and discrimination showed that 70 
percent of women believe that they suffer from discrimination and 
showed the most prevalent form of discrimination to be lower pay for 
similar work. Women are well represented in the public sector, more so 
than in the private sector, but women's groups claim that they are 
losing ground in both. Women are underrepresented in management 
positions in the private sector. Women constitute the majority of 
workers in the traditionally low-paid education, textile, and health 
service sectors. Women have equal or somewhat better access to 
education than men, especially in urban areas. Primary school 
enrollment rates for boys and girls are estimated at 73 and 75 percent, 
respectively; secondary school enrollment rates are 39 and 47 percent.
    Children.--Children 18 years of age and younger make up 
approximately 53 percent of the population. Education is compulsory 
through the sixth grade, but this provision is not enforced. The 
Government expresses its commitment to children's human rights and 
welfare publicly, but does not commit adequate funding levels for 
children's programs or primary education. A constitutional provision 
known as the ``6 Percent Rule'' automatically allots 6 percent of the 
annual budget to a higher education consortium, often at the expense of 
funding for primary and secondary education programs.
    Children were increasingly involved in crime, both as victims and 
as perpetrators. From January to July, 39 minors (younger than age 17) 
died as a result of violent crime. During the same period, victims of 
rape included 239 children under the age of 13, and 482 between the 
ages of 13 and l7. Children, especially boys in street gangs, 
contributed to an ongoing rise in the crime rate, which resulted in a 
police crackdown on youth gangs in August that involved over 500 
juvenile arrests.
    As a result of the Child and Family Law, which took effect in late 
1998, juvenile prisoners could no longer be held in adult facilities, 
nor could they be held for more than 24 hours without being charged. 
However, implementation of the new law proved problematic. In August 
17-year-old Modesto Perez ambushed and killed his former employer, 
National Assembly deputy Jose Cuadra, after Cuadra fired Perez. Public 
outrage at the inability of the system to punish Perez effectively was 
directed primarily at the new law, in particular the provision that 
minors charged with crimes be prosecuted in new juvenile courts, where 
the possible penalties for serious crimes are more limited than the 
penalties that could be imposed on an adult convicted of the same 
crime. In addition, by year's end the juvenile courts were operational 
only in the Managua area; consequently, minors charged with crimes 
elsewhere in the country often avoided prosecution entirely. The 
National Assembly, the Catholic Church, and other organizations spoke 
out in favor of reforming the law to allow prosecution as adults of 
minors who commit serious crimes. At year's end, Perez was still in 
custody and the investigation in his case was continuing.
    In 1998 the U.N. Children's Fund (UNICEF) reported that 65 percent 
of children are literate, and that 20 percent of children between the 
ages of 6 and 9 work. A study published in 1998 by the National 
Commission Against Child Labor concluded that over 160,000 children 
under 17 years of age work, including approximately 140,000 employed in 
rural activities such as the annual harvests. Others are forced by 
their parents to work in the streets of Managua as vendors or beggars 
(see Section 6.d.). According to local media and the Ministry of the 
Family, the incidence of child prostitution increased, especially in 
Managuaand near borders with Honduras and Costa Rica. According to 
press reports, UNICEF noted significant growth in prostitution among 
children between the ages of 12 and 16 in towns where taxi drivers were 
said to serve as middlemen. OAS personnel in the country also noted 
growth in prostitution among girls as young as 10 years of age; in 
rural areas, clientele are often truck drivers and other travelers, 
including foreigners, who patronize prostitutes in towns along the Pan 
American Highway. From December 1998 to May 1999, the Ministry of the 
Family sponsored an investigation into child prostitution in five 
municipalities. Of the more than 300 children surveyed, 82 percent 
reported that they had started engaging in prostitution within the past 
year, leading investigators to believe that the practice of child 
prostitution is growing rapidly, particularly in border towns, port 
cities, and the Managua area. Many of those surveyed said that they 
engaged in prostitution to buy basic necessities such as food and 
clothing, or to support a drug habit. There were cases of trafficking 
in girls for the purpose of forced prostitution. In July the local 
media reported the arrest in Guatemala of three Guatemalan citizens for 
trafficking in girls and young women, including Nicaraguan citizens, 
for the purpose of forced prostitution (see Section 6.f.).
    People with Disabilities.--The Government has not legislated or 
otherwise mandated accessibility to buildings for the disabled. In 1998 
the Ministry of Health created a National Council for Rehabilitation to 
address the needs of the 559,000 citizens with some type of disability, 
only 3 percent of whom receive medical treatment. Through its clinics 
and hospitals, the Government provides care to war veterans and other 
disabled persons, but the quality of care is generally poor. However, 
with assistance from international NGO's, foreign governments, and the 
public health care system, the Government has procured thousands of 
prostheses and other medical equipment for veterans and former 
resistance members.
    Indigenous People.--Indigenous people constitute about 5 percent of 
the country's population and live primarily in the Northern Autonomous 
Atlantic Region (RAAN) and Southern Autonomous Atlantic Region (RAAS). 
The RAAN and the RAAS, which were created in 1987 out of the former 
department of Zelaya and which border the Caribbean Sea, constitute 47 
percent of the national territory. Based on 1998 information from the 
Center for Investigation and Documentation of the Atlantic Coast and 
other sources, the four major identifiable tribes are the Miskito (with 
approximately 100,000 members), the Sumo (10,000), the Garifuna 
(3,000), and the Rama (1,000). In an effort to encourage indigenous 
participation in Atlantic coast regional elections held in 1998, the 
CSE distributed electoral and civic education materials in four 
languages, including Miskito and Sumo.
    The indigenous people of the RAAN, primarily the Miskito and the 
Sumo, have a political organization known as Yatama, which has 
representation in regional and municipal councils, and there is also an 
armed faction of the same name. The extent to which the two groups are 
linked is not clear. Like many armed groups operating since the end of 
the civil war, the Yatama groups mix banditry with a genuine desire to 
force the Government to devote more resources to their underdeveloped 
region. However, two factors differentiate the armed groups in the RAAN 
from those that have operated elsewhere in the country. First, most 
participants in these groups are Amerindians who long have seen 
themselves as having a separate culture. Second, drug trafficking and 
drug money on the Atlantic coast have become far more pervasive than 
elsewhere in the country. Total strength of Yatama armed groups was 
estimated at 210 men.
    In 1998 President Aleman signed a disarmament agreement with 
representatives of the Yatama armed groups. In return, the Government 
made a number of promises to the Miskitos including land to fighters 
who turned in their arms, support for housing for Yatama-affiliated 
families, agricultural credits, protection of traditional Amerindian 
fishing rights, and resolution of long-standing disputes about the 
boundaries of communal Miskito land. These provisions had not been 
implemented fully by year's end.
    The 1987 Autonomy Law requires the Government to consult indigenous 
people regarding the exploitation of their areas' resources. Indigenous 
people claim that the central Government often made decisions without 
adequate community consultation. As in previous years, some indigenous 
groups complained that central government authorities excluded the 
indigenous people of the Atlantic coast from meaningful participation 
in decisionsaffecting their lands, cultures, traditions, and the 
allocation of natural resources. Government health care exists in the 
Atlantic towns of Puerto Cabezas, Siuna, and Bluefields, but a majority 
of indigenous people in rural areas has no access to modern health 
care. Critics of government policy cited extremely high unemployment 
rates, but calculation of reliable employment statistics was 
complicated by the fact that most of the working indigenous population 
on the Atlantic coast is engaged in subsistence fishing, farming, and 
mining.
    The Awas Tingni, an Amerindian tribe in the RAAN, sued the 
Government in 1996, claiming that the Government's decision to award a 
long-term lumber concession to a Korean firm on a portion of the land 
it claims as its own was a violation of the American Convention on 
Human Rights. In 1997 the Supreme Court declared the Government's 
concession to the Korean firm unconstitutional. The case eventually 
went before the IACHR, where it remains. In 1998 a court decree shut 
down the Korean firm's operations on the land, but a domestic company 
purchased the enterprise and reopened it not long afterward.
    National/Racial/Ethnic Minorities.--Most citizens are of mixed 
background, and ethnicity is not a barrier to political or economic 
success. However, various indigenous groups from both the RAAN and the 
RAAS sometimes linked the Government's failure to expend resources in 
support of the Atlantic coast population to the existence of ethnic, 
racial, and religious (principally members of the Moravian church) 
minorities that predominate in that region.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of workers to organize voluntarily in unions, and this right was 
reaffirmed in the new Labor Code that entered into effect in 1996 and 
replaced the antiquated 1944 code. All public and private sector 
workers, except those in the military and the police, may form and join 
unions of their own choosing, and they exercise this right extensively. 
New unions must register with the Ministry of Labor and be granted 
legal status before they may engage in collective bargaining. The new 
code legally recognizes cooperatives, into which many transportation 
and agricultural workers are organized. Less than half of the formal 
sector work force, including agricultural workers, is unionized, 
according to labor leaders. Union membership continued to fall during 
the year. The unions are independent of the Government, although many 
are affiliated with political parties.
    The Constitution recognizes the right to strike. The Labor Code 
requires a majority vote of all the workers in an enterprise to call a 
strike. Workers may strike legally only after they have demonstrated 
that they have just cause to strike and have exhausted other methods of 
dispute resolution, including mediation by the Ministry of Labor and 
compulsory arbitration.
    The Labor Code prohibits retribution against strikers and union 
leaders for legal strikes. However, this protection may be withdrawn in 
the case of an illegal strike. Only two strikes have ever been declared 
legal, one in the 1970's and another in 1990. At the beginning of May, 
the national construction workers' union was about to begin a legal 
strike after having spent 2 years following all the necessary measures. 
However, a strike was avoided when the construction branch of the 
Private Enterprise Council finally agreed to negotiate with the union.
    On April 29, bus and taxi owners and employees went on strike to 
protest the Government's tax on diesel fuel. There were a number of 
violent incidents as strikers blocked streets, burned tires, shot off 
homemade mortars, and damaged buses and taxis that continued to 
operate. The police initially avoided confrontations with the strikers, 
but on April 30 moved to remove strikers who were blocking traffic. The 
strikers were joined in some areas by members of neighborhood street 
gangs, who took advantage of the situation to engage in criminal 
activity; in other areas, street gang members attacked strikers who 
were blocking access to their neighborhood. In the course of the 
protests, 2 persons were killed and at least 12 were injured. One of 
those killed apparently was shot by a street gang member; the other was 
a street gang member shot by an individual whose car the gang member 
apparently was vandalizing. On May 4, the strike ended when the 
Government and the strikers reached a settlement in which the 
Government agreed to reduce diesel fuel prices, drop a proposal to 
deregulate bus transit, and release detained strikers who faced charges 
of ``minor crimes.''
    The Labor Code provides protected status to union leaders, 
requiring that companies receive permission from the Ministry of Labor 
after having shown just cause in order to fire union executive board 
members. Such protection is limited to nine individuals per union. 
However, the Labor Code allows businesses to fire any employee, 
including union organizers, provided the business pays the employee 
double the normal severance pay. This practice is used routinely by 
business leaders to stymie unionization attempts.
    Unions freely form or join federations or confederations and 
affiliate with and participate in international bodies.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right to bargain collectively, and this 
right was reaffirmed in the 1996 Labor Code. The Government generally 
sought to foster resolution of pressing labor conflicts (usually in the 
public sector) through informal negotiations rather than through formal 
administrative or judicial processes. According to the reformed code, 
companies engaged in disputes with employees must negotiate with the 
employees' union if the employees have thus organized themselves.
    There are 29 enterprises operating in the government-run export 
processing zone (EPZ), employing approximately 18,000 workers. In 
addition, there are five authorized private export processing zones, 
four of which were operational at year's end; the 14 enterprises in 
these zones employ some 2,400 workers. Approximately half the workers 
in the government-run EPZ are represented by a union organization; 
however, only about 10 percent of them are actual union members. While 
some of these unions have real collective bargaining power, others are 
primarily symbolic. In response to longstanding complaints by union 
representatives that the Ministry of Labor did a poor job of enforcing 
the Labor Code in the EPZ's, the Ministry opened an office in the 
Managua free trade zone in 1997 to ensure that the code was being 
enforced. EPZ officials claim that, due to memories of the corrupt and 
ineffective unions of the 1980's, many workers in the EPZ enterprises 
simply have no interest in unionizing. They also claim that wages and 
working conditions in EPZ enterprises are better than the national 
average.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor; however, it does not specifically 
address forced or bonded labor by children, and such practices occur. 
The Ministry of Labor reported that some child mendicants were forced 
to beg by their parents, and that some were ``rented'' by their parents 
to organizers of child beggars (see Sections 6.d. and 6.f.). There were 
cases of trafficking in persons for forced labor, and trafficking in 
women and girls for the purpose of forced prostitution (see Section 
6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution prohibits child labor that can affect 
normal childhood development or interfere with the obligatory school 
year. The 1996 Labor Code raised the age at which children may begin 
working with parental permission from 12 to 14 years. Parental 
permission to work also is required for 15- and 16-year-olds. The law 
limits the workday for such children to 6 hours and prohibits night 
work. However, because of the economic needs of many families, a 
cultural legacy of child work among peasants, and lack of effective 
government enforcement mechanisms, child labor rules rarely are 
enforced except in the small formal sector of the economy.
    A study published in 1998 by the National Commission against Child 
Labor concluded that over 160,000 children under 17 years of age work, 
140,000 of them in rural activities, including the annual harvest of 
crops such as coffee, cotton, bananas, tobacco, and rice. Most of the 
children working in rural areas are age 14 or younger. In Managua 4,000 
to 5,000 children work on city streets, selling merchandise, cleaning 
automobile windows, or begging. The Labor Ministry reported that many 
child mendicants are forced to beg by their parents, and that many are 
``rented'' by their parents to organizers of child beggars. Children 
age 10 or older often worked for less than $1.00 per day on the same 
banana and coffee plantations as their parents. The Constitution 
prohibits forced and bonded labor, but does not specifically prohibit 
forced or bonded labor by children (see Section 6.c.).
    e. Acceptable Conditions of Work.--The minimum wage is set through 
tripartite (business, government, and labor) negotiations, and must be 
approved by the Legislative Assembly. A new minimum wage scale took 
effect in August. Minimum wages vary by sector. For example, monthly 
rates that went into effect on August 1 included: Agriculture, $37.50 
(450 cordobas plus food); fisheries, $58 (700 cordobas); mining, $71 
(850 cordobas); industrial manufacture, $50 (600 cordobas); electric, 
gas and water utilities, $75 (900 cordobas); construction, $100 (1,200 
cordobas); restaurants and hotels, $75 (900 cordobas); transportation, 
$75 (900 cordobas); banking, $83 (1,000 cordobas); community and social 
services, $58 (700 cordobas), central and municipal government 
(includes health and education employees), $46 (550 cordobas). The 
minimum wage does not provide a decent standard of living for a worker 
and family. It falls below the government estimate of what an urban 
family must spend each month for a basic basket of goods ($133, or 
1,600 cordobas). The majority of urban workers earn well above the 
minimum rates.
    The Labor Code incorporates the constitutionally mandated 8-hour 
workday; the standard legal workweek is a maximum of 48 hours, with 1 
day of rest weekly. The 1996 code established severance pay at from 1 
to 5 months' duration, depending on the duration of employment and the 
circumstances of firing. However, persons fired for cause may be denied 
severance pay through a process that requires employers to demonstrate 
proof of worker misconduct. The code also established an obligation of 
an employer to provide housing to employees who are assigned 
temporarily to areas beyond commuting distance.
    The Labor Code seeks to bring the country into compliance with 
international standards and norms of workplace hygiene and safety, but 
the Ministry of Labor's Office of Hygiene and Occupational Security 
lacks adequate staff and resources to enforce these provisions. The 
code gives workers the right to remove themselves from dangerous 
workplace situations without jeopardy to continued employment.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons; however, the Government does not enforce the law adequately, 
and there were some cases of trafficking in women and girls for the 
purpose of forced prostitution. Effective enforcement of the law is 
hampered by corruption, low salaries, and lack of technical skills 
among Migration Office officials. The country is a major transit point 
for alien trafficking (generally to the United States) from other 
countries in the region and elsewhere, including China and the Middle 
East; however, not all such trafficking is for the purpose of providing 
forced labor or services. On occasions when Migration Office officials 
detain alien traffickers, the judicial system often releases them. The 
Government does not have special programs to provide assistance to 
victims of trafficking.
    The Labor Ministry reported that the parents of many child 
mendicants ``rented'' their children to organizers of child beggars 
(see Section 6.c.). In July the local media reported that Guatemalan 
authorities arrested three Guatemalan citizens in Guatemala on charges 
of white slavery. The Guatemalans allegedly actively recruited 
Nicaraguan girls and young women, aged 15 to 21, ostensibly to work as 
dancers and waitresses in clubs in Guatemala; however, upon arrival in 
Guatemala, the victims were forced into prostitution. The extensive 
high-profile media coverage of this scheme served as an educational 
campaign, with newspapers and radio stations urging young women not to 
fall victim to ``recruiters'' for foreign brothels.
                                   ____
                                 

                                 PANAMA

    Panama is a representative democracy with an elected executive 
composed of a president and two vice presidents, an elected 71-member 
legislature, and an appointed judiciary. In May voters elected 
President Mireya Moscoso, who replaced former President Ernesto Perez 
Balladares on September 1. Although the Constitution provides for an 
independent judiciary, the judicial system is subject to corruption and 
political manipulation.
    Panama has had no military forces since 1989. In 1990 the 
Government created the Panamanian Public Forces, which consist of the 
Panamanian National Police (PNP), the National Maritime Service (SMN), 
the National Air Service (SAN), and the Institutional Protection 
Service (SPI). In 1994 a constitutional amendment formally prohibited 
the establishment of a permanent military, although it contains a 
provision for the temporary formation of a ``special police force'' to 
protect the borders in case of a ``threat of external aggression.'' The 
Ministry of Government and Justice oversees the PNP, SMN, and SAN, 
while the Ministry of the Presidency supervises the SPI. The PNP are 
responsible for law enforcement. The Judicial Technical Police (PTJ) 
perform criminal investigations in support of public prosecutors. The 
PTJ is a semiautonomous body with leadership appointed by the Supreme 
Court. Police forces respond to civilian authority, have civilian 
directors, and have internal review procedures to deal with police 
misconduct. There were reports of instances of abuse by some members of 
the security forces.
    The service-oriented economy uses the U.S. dollar as currency, 
calling it the Balboa. Gross domestic product grew by 4.6 percent in 
1998, but growth for 1999 was projected to be below 4 percent. The 
Ministry of Economy and Finance expects modestly higher growth in 2000 
as the effects of economic liberalization and the Panama Canal transfer 
become evident. Poverty persists and income distribution remains 
extremely skewed, with large disparities between rich and poor. 
Unemployment is estimated at 13 percent.
    The Government generally respected the human rights of its 
citizens; however, there continued to be serious problems in several 
areas. Police and prison guards on occasion used excessive force 
against detainees and prisoners, and on occasion police used force 
against protesters. Credible reports of corruption within both the PNP 
and PTJ contributed to some police dismissals. Despite some modest 
improvements, overall prison conditions remained harsh, with occasional 
outbreaks of internal prison violence. Prisoners were subject to 
arbitrary and prolonged pretrial detention. The judiciary was subject 
to political manipulation, and the criminal justice system was 
inefficient and often corrupt. The Government began implementation of a 
$27 million program to reduce case backlogs, inefficiency, and 
corruption in the judiciary. There were instances of illegal searches 
and political pressure on the media. Violence against women remained a 
serious problem, and discrimination against women persisted. 
Discrimination against indigenous people and blacks is a problem. Child 
labor also is a problem. Worker rights were limited in export 
processing zones. Trafficking in persons, particularly Asian 
immigrants, also was a problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    A Public Ministry investigation concluded in August 1998 that three 
PNP guards accused of the March 1997 beating death of detainee Jose 
Luis Alvarado at the Tinajitas prison should stand trial. The guards 
remain separated from the PNP pending the outcome of the trial, but as 
of year's end there had been no further action in this case.
    There was no further action in the PNP investigation into the June 
1997 shooting death of Ngobe-Bugle tribe member Juan Santos Chobra.
    In September President Moscoso rescinded pardons granted by former 
President Perez Balladares for 33 former civilian and military 
collaborators of former ruler General Manuel Noriega, in order to allow 
the Government to continue prosecutions of officials for abuses 
committed during the dictatorship--from 1968 to 1989. One such official 
reportedly was involved in theexecution of nine persons following a 
failed coup attempt against Noriega in 1989.
    In September the authorities discovered an unmarked grave 
containing two bodies on the grounds of a former military base near 
Panama City. One of the bodies was believed to be that of Hector 
Gallego, a Colombian priest who disappeared in 1971 during the Torrijos 
dictatorship. In 1992 after the return of civilian rule, three former 
military officers were tried for his murder and given lengthy prison 
sentences. There was also speculation that the other body was that of 
Eber Quintanar, an accused guerrilla reportedly killed by the National 
Guard in 1969. After several DNA tests, investigators determined that 
the remains belonged to neither Gallego nor Quintanar. As of year's 
end, the identity of the corpses was still unknown. During the 
investigation, longstanding rumors of other gravesites scattered around 
the country reemerged in the press. Investigators initiated excavations 
at several sites but did not achieve any results by year's end.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Guerrillas from the Revolutionary Armed Forces of Colombia (FARC) 
reportedly kidnaped persons in the Darien region along the border with 
Colombia. At year's end, they had abducted three persons and held them 
for ransom; there were reports that the FARC harassed citizens and even 
killed some persons, but there were no confirmed killings.
    The Hector Gallego Committee for Disappeared Relatives maintains a 
list of 120 people who disappeared during the military dictatorships of 
1968-89.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits the use of measures that could 
harm the physical, mental, or moral integrity of prisoners or 
detainees; however, while the public security forces generally 
performed in a professional and restrained manner, there were some 
reports of excessive use of force or inhuman punishment, particularly 
against prison inmates. There also were reports that police used 
physical violence and psychological threats to control detainees during 
the initial arrest, interrogation, and holding phases.
    The legislation providing the legal basis for the PNP, promulgated 
in June 1997, includes specific guidelines for use of force, including 
deadly force; requires that police officers respect human rights; and 
prohibits instigation or tolerance of torture, cruelty, or other 
inhuman or degrading behavior. However, there is no follow-on training 
in the use of force provided to the PNP.
    The PTJ and the PNP have offices of professional responsibility 
that act as internal affairs organs to hold officers accountable for 
their actions. Both have staffs of independent investigators as well as 
administrative authority to open internal investigations. In both 
organizations, a defined legal process is followed where, upon 
completion of the process, the respective director has the final 
authority to determine the disposition of each case. Penalties include 
reduction in rank, dismissal, and in severe cases, criminal 
prosecution. The PNP deputy director and secretary general address 
human rights issues that arise in the police force.
    Corruption among police officers remained a problem, but in some 
cases, PNP and PTJ directors enforced disciplinary measures against 
officers shown to be involved in illicit activities. However, both 
organizations only react to egregious abuses, due to a lack of staff, 
independence, and institutional priority. Credible reports of 
corruption within both the PNP and PTJ contributed to some police 
dismissals.
    According to residents of the Pueblo Nuevo neighborhood, in March 
police shot a minor who was lying on the ground in handcuffs. The 
authorities placed a sergeant and three officers on administrative duty 
while the PNP's Office of Professional Responsibility investigated, and 
sent the case to the PNP's disciplinary committee. At year's end, the 
investigation continued, and the officers remained on administrative 
duty.
    In April the Office of Professional Responsibility stated that it 
was investigating 50 police officers for poor conduct, including the 
use of excessive force and violations of citizens' human rights. In 
addition to the Pueblo Nuevo shooting, theoffice sent the case of an 
alleged police attack on two sisters in San Miguelito to the 
Disciplinary Committee of the PNP.
    There were several instances in which police responded with force 
to demonstrations. For example, in February and in August the police 
used tear gas and bird shot to disperse protesters (see Section 2.b.).
    Police arrested and detained children for minor infractions during 
neighborhood sweeps (see Section 5).
    The FARC guerrillas and the paramilitary forces of the United Self-
Defense Forces of Colombia (AUC) share a long history of spillover of 
violence from Colombia into the border area on the Darien peninsula, 
including killings, kidnaping, robbery, and other forms of harassment 
of innocent bystanders. In November the AUC reportedly forced the 
evacuation of the San Blas town of La Bonga and burned it to the 
ground.
    Prison conditions throughout the country remained harsh and a 
threat to prisoners' health and safety. Most prisons are dilapidated 
and overcrowded. Medical screening and care is inadequate, with 
tuberculosis and other communicable diseases common among the prison 
population. Frequent gang battles injured or killed numerous inmates. 
Many of the problems within the prisons stem not only from overcrowding 
but also from the lack of separation of inmates by classification 
according to the type or severity of the crime committed. Gang 
violence, insufficient budgets, and abuse by prison guards also are 
problems of the prison system.
    The General Penitentiary Directorate (DGSP) largely depends on PNP 
officers, who are trained inadequately for prison duty, to supply its 
guard force. Civilian corrections officers or ``custodians'' handle 
inmates within La Joya, El Renacer, and the central women's prison 
(which uses only female guards). The DGSP has authority to discipline 
prison guards with criminal or civil sanctions.
    President Perez Balladares' Minister of Government and Justice 
attempted to introduce some reforms of the penal system. He changed the 
prison management structure in June and replaced the Department of 
Corrections with the DGSP, but substantive reform was lacking. In 
September President Moscoso's Minister of Government and Justice, 
Winston Spadafora, promised to make prison reform a top priority. PNP 
Director Carlos Bares also promised reform, stating in September that 
prison guard responsibilities should fall to civilian corrections 
officers and not the PNP. However, at year's end, PNP members continued 
to provide perimeter security at the prisons. Prison directors 
supervise ``custodians'' who provide internal security.
    Prison conditions on Coiba Island Penal Colony remained harsh and 
dangerous. In January 1998, a prison gang reportedly beheaded four of 
five prison escapees who belonged to a rival gang. The authorities 
accused 14 prisoners of participating in the killings, but these 
prisoners continued to maintain their innocence. The lone survivor and 
witness is in a maximum security cell. Both guards and prisoners have 
been implicated in the investigation into the other eight murders 
discovered in 1998, but the authorities had brought no one to trial by 
year's end. Although national prison authorities had planned to close 
Coiba, they continued to use the island prison colony to relieve 
overcrowding at the two largest prisons, La Joya and La Joyita. Prison 
officials also had attempted to establish order in the other prisons by 
moving dangerous prisoners to Coiba. However, after completion of two 
new compounds, La Joya became the primary maximum security facility and 
houses most prisoners accused of serious crimes. This enabled the 
authorities to use Coiba to hold prisoners accused of lesser crimes and 
to relieve overcrowding in the prisons of the central provinces (i.e., 
outside Panama City and Colon). The Government acknowledges that it 
must keep Coiba open, but it has not made adequate provisions for 
health, security, and other basic needs of prisoners there.
    The authorities have not yet brought to trial many of the 361 
prisoners on Coiba Island. Geographic isolation and lack of 
communications separated detainees from their attorneys and caused many 
to miss trials. Prisoners suffer from malnutrition and shortages of 
potable water, and medical care is practically nonexistent. Coiba has a 
civilian administrator, but its guard force still consists of police 
guards instead of civilian corrections officers. Escapes from Coiba 
reportedly are common.
    According to unverified press reports, eight inmates at Coiba have 
AIDS. The prisoners told reporters that they are isolated in small 
cells and that medical attention is provided once ayear. At La Joya 
prison, 22 inmates with AIDS went on a hunger strike in June to protest 
their lack of access to medical treatment and their need for special 
permits to receive medicine. La Joya has a planned capacity of 1,250, 
yet houses over 2,000 inmates.
    Prison conditions in Colon province also are harsh. According to 
the Human Rights Commission of the Legislative Assembly, prisoners at 
the Women's Prison of Colon must contend with overcrowding, 
semidarkness day and night, constantly wet floors, and virtually no 
health care. The Commission also described the Public Prison of Colon 
as a ``time bomb,'' which fails to provide the most basic health needs. 
The prison frequently has no running water or functioning sewage 
system. In June approximately 150 inmates at the Colon women's prison 
refused to return to their cells in order to force a dialog with the 
Corrections Director and Minister of Government and Justice. The 
inmates complained about the food, the failure to release inmates who 
had served two-thirds of their sentences with good behavior, the lack 
of rehabilitation or skills programs, and the sudden absence of Prison 
Director Cristina Torres. Then-Corrections Director Maritza Grifo 
acknowledged the overcrowding problem; 576 inmates were housed in a 
facility for 325 persons, and 61 persons eligible for conditional 
release still were incarcerated. The inmates' protest ended without 
violence after officials promised to investigate the complaints. As of 
year's end, there had been no substantive reform of the prison.
    Conditions at women's prisons in Panama City and Chiriqui province 
and at the Juvenile Detention Center were noticeably better than at 
adult male prisons. However, female prisoners, especially those in the 
primary detention area, reportedly suffered from overcrowding, poor 
medical care, and lack of basic supplies for personal hygiene. Juvenile 
Detention Centers throughout the country suffer from inadequate 
resources to provide for education or adequate supervision of children, 
many of whom spend a majority of their time in an empty cell.
    The current prison system has over 8,600 prisoners with only 6,843 
allotted positions. Prison administrators plan to close both the Colon 
Women's Prison and the Public Prison of Colon and shift those inmates 
to Nueva Esperanza prison. The new inmates are to be housed in separate 
sections of Nueva Esperanza, where construction was quite advanced at 
year's end, with some of the new cells already outfitted with bunks and 
toilets. However, inmates from the rapidly deteriorating Public Prison 
reportedly were apprehensive about being moved to Nueva Esperanza, 
where their access to the outdoors will be limited.
    In July 1998, the authorities introduced organizational reforms of 
the prison system, including a conditional release program for inmates 
charged with minor offenses who have served a substantial part of their 
sentence. The new government continued to implement the conditional 
release program, and released some 60 inmates by year's end, with new 
rounds expected for early 2000. The release program has already helped 
relieve pressure on the country's overcrowded prisons.
    In June former National Penitentiary Director Enriqueta Davis filed 
an 80-page criminal complaint against then-Minister of Government and 
Justice Mariela Sagel. The complaint alleged that Sagel knew about 
prisoners buying furloughs, funds being mismanaged, and other abuses, 
yet refused to take action. Davis attributed other problems to the lack 
of modern administrative procedures. For example, because records are 
kept manually at each location, there is no central archive or census 
of inmates. The National Council for Private Enterprise (CONEP) 
publicly asked then-President Perez Balladares to look into Davis's 
allegations. CONEP expressed concern over the disappearance of 
materials and food that were destined for the penitentiary system. 
Several other reports of corruption and misallocation of prison 
resources appeared in the media throughout the year.
    The Government generally allows prison visits by independent human 
rights monitors. However, the authorities arrange appointments ahead of 
time, and monitors generally speak to prisoners in the presence of 
guards or administrators. Prisoners may not feel comfortable speaking 
freely under such conditions, and they have expressed fear of 
retaliation if they complain. Officials from the Ombudsman's Office 
occasionally had trouble gaining immediate access to some prisons, but 
various procedural details were worked out and it appeared that the 
situation had improved by year's end.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
stipulates that arrests must be carried out with a warrant issued by 
the appropriate authorities, and theGovernment generally respected this 
provision; however, the authorities often violated the provision that 
suspects are to be brought promptly before a judge. Exceptions are 
permitted when an officer apprehends a person during the commission of 
a crime, or when disrespect by an individual towards an officer 
prevents the officer from carrying out his duty. The law requires the 
arresting officer to inform the detainee immediately of the reasons for 
arrest or detention and of the right to immediate legal counsel, to be 
provided to the indigent by the State.
    The Constitution also provides for judicial review of the legality 
of detention and mandates the immediate release of any person detained 
or arrested illegally. The Constitution prohibits police from detaining 
suspects for more than 24 hours without bringing them before a 
competent judicial authority. In practice, the authorities often 
violated the 24-hour time limit by several days. Under law the 
preliminary investigation phase may last 8 days to 2 months, and the 
follow-on investigation phase another 2 to 4 months, depending on the 
number of suspects. The courts frequently grant extensions of these 
limits, leaving the accused in detention for a long period without 
having been charged formally.
    Extended pretrial detention continued to be one of the most serious 
human rights problems, in part a consequence of the elaborate 
notification phase in criminal cases. Many legal authorities (including 
court officials) criticized judges for excessive use of this measure. 
According to government statistics, there were 4,687 pretrial 
detainees, who constituted about 59 percent of the prison population, 
down from 65 percent in 1998. The average period of pretrial custody 
was 16 months, and pretrial detention in excess of the maximum sentence 
for the alleged crime was common. A legal mechanism exists to hold the 
Government financially accountable in cases where a detainee spends 
more than 1 year in jail but subsequently has all charges dismissed at 
a preliminary hearing. The dismissal must be either because the act of 
which the detainee was accused is not ruled a crime or because there is 
no evidence to link the suspect to the crime. Although this redress 
procedure is not complicated, few former detainees have employed it.
    Legal alternatives to prison exist but are not widely implemented. 
Options such as house arrest have been used in some cases involving the 
elderly or minors, but require that the defendants have access to and 
understanding of their legal options.
    The Constitution prohibits exile; there were no reports of forced 
exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the judiciary is susceptible to 
corruption and outside influence, including from other branches of 
government.
    The President appoints nine Supreme Court magistrates to 10-year 
terms, subject to Legislative Assembly confirmation. New allegations of 
executive tampering with the judiciary arose with the creation of the 
Fifth Chamber of the Supreme Court. In July the Assembly passed a law 
that created a fifth chamber, which allowed then-President Perez 
Balladares to appoint three additional Supreme Court Justices before 
leaving office. In October the Assembly approved a Moscoso 
administration proposal to repeal the law, eliminate the three 
additional magistrate positions, and abolish the Fifth Chamber.
    The Supreme Court magistrates appoint appellate (Superior Tribunal) 
judges, who, in turn, appoint circuit and municipal court judges in 
their respective jurisdictions. Judicial appointments are supposed to 
be made under a merit-based system, but the top-down appointment system 
lends itself to political tinkering and undue interference by higher-
level judges in lower-level cases in which they have no jurisdiction. 
The Attorney General, who heads the Public Ministry, appoints the 
superior and circuit-level prosecutors.
    In December 1998, the Legislative Assembly passed a law that gave 
the Supreme Court the power to appoint the Director and Sub-Director of 
the PTJ for 7-year terms and requires Supreme Court approval for their 
removal. Previously, the Attorney General appointed these two 
officials. The law also gave these two officials the power to name 
other PTJ officials without consulting the Attorney General. Opposition 
and media critics charged that this law increased the influence of the 
Supreme Court over the criminal investigators, removed the generally 
positive oversight of the Attorney General, and made cooperation 
between prosecutors and the police much more difficult.
    Tensions between the Attorney General and the PTJ arose in July 
when PTJ officers and the Attorney General, accompanied by his PNP 
bodyguards, exchanged shouts with guns drawn before both sides finally 
backed down. The incident was followed by charges by both sides of 
abuse of authority.
    At the local level, mayors appoint administrative judges who 
exercise jurisdiction over minor civil and criminal cases in which they 
may impose fines or sentences of up to 1 year. This system has serious 
shortcomings: Defendants lack adequate procedural safeguards; judges 
need not be (and normally are not) attorneys; and some engage in 
corrupt practices. In reality, appeal procedures are nonexistent. More 
affluent defendants tend to pay fines while poorer defendants go to 
jail, one of the chief factors leading to prison overcrowding.
    In May 1998, the Inter-American Development Bank (IDB) loaned the 
Government $18.9 million to reform the judicial system. The loan is to 
be used at national and local levels to provide better conditions for 
the court system, including better information management, training for 
personnel, revision of judicial procedures, and construction of 
administrative offices for judges and prosecutors in two locations, San 
Miguelito and David. Program implementation began during the year, with 
funding allocated to temporary courts to clear backlogs, for training 
additional judges, and for working with the judicial college to create 
a curriculum that encourages the merit-based hiring and promotion of 
judges. In September the IDB began work on a database linking prison 
population data with prosecutors and the courts, which is intended to 
facilitate the systematic release of prisoners who have served time 
beyond their potential maximum sentence but still are awaiting trial.
    The two commissions established during the Endara administration 
and resurrected by the Perez Balladares administration to evaluate the 
justice system never presented publicly any results of their work.
    The Constitution provides that persons charged with crimes have the 
right to counsel, to be presumed innocent until proven guilty, to 
refrain from incriminating themselves or close relatives, and to be 
tried only once for a given offense. If not under pretrial detention, 
the accused may be present with counsel during the investigative phase 
of the proceeding.
    Judges can order the presence of pretrial detainees for the 
rendering or amplification of statements, or for confronting witnesses. 
Trials are conducted on the basis of evidence presented by the public 
prosecutor, and the accused person is not necessarily present. The 
Constitution and the Criminal Procedure Code provide for trial by jury 
at the defendant's election, but only in criminal cases where at least 
one of the charges is murder.
    The Constitution obliges the Government to provide public defenders 
for the indigent. However, many public defenders are not appointed 
until after the investigative phase of the case, a serious disadvantage 
for the defendant since it is during this stage that the prosecutor 
produces and evaluates the bulk of the evidence and decides whether to 
recommend trial or the dismissal of charges. Public defenders' 
caseloads remained staggering, averaging 540 cases per attorney in 
1998. Only 3 new public defenders have been hired since 1992, making a 
total of 38 nationwide, with a similar number of assistants. This heavy 
workload undermined the quality of representation, with many prisoners 
meeting their public defender for the first time on the day of trial.
    The Legislative Assembly passed legislation in 1998, popularly 
known as the ``Faundes Law,'' which requires judges and other public 
officials to retire at age 75. The law was designed to remove former 
Supreme Court magistrate Jose Manuel Faundes after attempts to impeach 
him failed to muster the necessary two-thirds majority vote in the 
Assembly. The law required the 82-year-old Faundes to retire, making 
the impeachment proceedings moot. The National Bar Association 
challenged the constitutionality of the law's retroactive nature. 
However, in July the Supreme Court ruled that the law did not violate 
the Constitution.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the inviolability of the 
home, private papers, and telephonic communications, and the Government 
generally respected these rights; however, there were complaints that 
in some cases police failed to follow legalrequirements and conducted 
unauthorized searches of private residences. The authorities may not 
enter private residences except with the owner's permission, or by 
written order from the appropriate authority for specific purposes. 
These may include entry to assist the victims of crime or disaster, or 
to conduct lawful health and safety inspections. The authorities may 
not examine private papers and correspondence, except as properly 
authorized by competent legal authority and in the presence of the 
owner, a family member, or two neighbors.
    Although the Constitution prohibits all wiretapping, the Government 
maintains that wiretapping with judicial approval is legal, and that 
the Attorney General may authorize a wiretap when confronted with 
probable cause in a serious crime. Under the guidelines established by 
antinarcotics legislation passed in July 1994, the Public Ministry may 
engage in undercover operations, including ``videotaping and recording 
of conversations and telephonic communications.'' In March a dispute 
arose when critics charged Attorney General Sossa with illegally 
wiretapping a judge. The Attorney General countered that he was 
operating within his authority to pursue a criminal investigation. 
Although then-Chief Justice Arturo Hoyos publicly criticized Sossa, the 
Supreme Court has not issued a definitive ruling on whether wiretapping 
is constitutional and, if so, under what circumstances.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects these rights in practice.
    There is an active and often adversarial press and a broad range of 
print and electronic media outlets, including foreign newspapers, radio 
and television broadcasts, and cable stations. Six national daily 
newspapers, 3 commercial television stations, 2 educational television 
stations, and approximately 100 radio stations provide a broad choice 
of informational sources; all are privately or institutionally owned. 
While many media outlets took identifiable editorial positions, the 
media carried a wide variety of political commentaries and other 
perspectives, both local and foreign. There is a noticeable 
concentration of control of television outlets in the hands of close 
relatives and associates of former President Perez Balladares.
    In June the National Assembly passed a bill that made newspaper 
companies ineligible for radio and television concessions and vice 
versa. The bill was proposed after the La Prensa Corporation, the 
publisher of a newspaper of the same name, sought to acquire the 
Channel 8 frequency.
    Panamanian and foreign journalists worked and traveled freely 
throughout the country. The Perez Balladares Government never fulfilled 
its informal promise to seek revocation of the 1978 law that requires 
directors and deputy directors of media outlets to be citizens. In June 
then-Minister of Government and Justice Mariela Sagel recommended the 
revival of the Noriega-era system of issuing journalist licenses to 
Panamanian citizens graduating from journalism schools. Working 
journalists and human rights groups criticized this suggestion, and it 
was dropped.
    Under ``gag laws'' dating from the military dictatorship, the 
Government had legal authority to prosecute media owners and reporters 
for criminal libel and calumny. A special executive branch authority 
had discretionary powers to administer the libel laws, which provide 
for fines and up to 2 years in prison. Under the statute, opinions, 
comments, or criticism of government officials acting in their official 
capacity are exempted specifically from libel prosecution, but a 
section of the law allows for the immediate discipline of journalists 
who show ``disrespect'' for the office of certain government officials. 
In December President Moscoso ratified the National Assembly's decision 
to eliminate these gag laws. Although this action improved the legal 
status of the media, legal actions against many journalists remained 
pending at year's end.
    Human Rights Ombudsman Italo Antinori criticized the Perez 
Balladares administration's use of libel laws to intimidate journalists 
who reported on government corruption. Approximately 85 journalists who 
had been charged with libel met with Antinori to describe the case they 
have submitted to the Inter-American Court of Human Rights. Other 
international free press and human rights bodies had criticized the 
continued use of the laws against journalists.
    In 1998 then-PNP Director Jose Luis Sosa used the libel laws to 
bring charges against National University law professor (and now an 
adviser to the Moscoso administration) Miguel Bernal for statements 
about the decapitations of the prisoners on Coiba Island (see Section 
1.c.). Bernal had said on television that ``the only ones who have 
decapitated others in this country are the National Police and the 
National Guard of the now defunct Defense Forces.'' Bernal clarified 
that he had not said that the PNP had carried out the decapitations at 
Coiba, rather that the PNP, through acts of omission, allowed the 
decapitations. Bernal, an advocate of prison reform, repeated his 
charges in follow-up interviews and opinion pieces. He claimed that the 
PNP Director's charges amounted to a limit on freedom of expression. 
There was a preliminary hearing on Sosa's charges against Bernal in 
November, but no trial date had been set by year's end.
    In another 1998 case, a prosecutor acting on behalf of Attorney 
General Jose Antonio Sossa charged La Prensa journalists Gustavo 
Gorriti and Rolando Rodriguez with a ``crime against the honor of the 
authorities'' for defaming a government official and allegedly 
falsifying evidence. Gorriti and Rodriguez refused to reveal sources 
for a story they wrote in 1996, which alleged that the Attorney General 
accepted checks of dubious origin in his unsuccessful 1994 campaign for 
a seat in the Legislative Assembly. Subsequent press reports suggested 
that the story was erroneous. The charges remained pending at year's 
end, and the Attorney General sued the two journalists for $1 million.
    In December 1998, police officers attempted to escort journalist 
Herasto Reyes from his office at the La Prensa newspaper to a court 
appearance. Newsroom staffers prevented the police from taking Reyes 
into custody. Then-President Perez Balladares had filed libel charges 
against Reyes, after he published a story in August 1998 accusing the 
Perez Balladares administration of trying to cover up a government 
embezzlement scandal. The case was still pending at year's end.
    The Electoral Tribunal must approve election polling results before 
publication. In April the Tribunal fined the newspaper Panama America 
$10,000 for failing to follow the approval procedure before printing 
Gallup poll results.
    The press laws provide for the establishment of a censorship board. 
The board monitors radio transmissions and has the authority to fine 
stations that violate norms regarding vulgar and profane language.
    The law provides for academic freedom, which generally was 
respected in both public and private universities. However, the Faundes 
Law forced the retirement of dozens of professors at the public 
universities.
    After protesters turned to violence in December 1998 (see Section 
2.b.), then-Governor of Panama Province Eduardo Herrera ordered the 
police to enter and temporarily close the University of Panama. In 
August then-President Perez Balladares issued a pardon for Herrera, who 
was accused of abuse of authority for violating the university's 
autonomy. President Moscoso rescinded that pardon in September.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of peaceful assembly, and the Government 
generally respects this right in practice. No authorization is needed 
for outdoor assembly, although prior notification for administrative 
purposes is required. In 1998 the Legislative Assembly considered, but 
did not enact, legislation that would have tightened restrictions on 
public demonstrations.
    Police response to public protests was mixed. Throughout much of 
the year, police showed restraint and professionalism while monitoring 
large protests by students, political activists, prisoners, and 
workers.
    In February residents of the San Joaquin area protested the power 
company's cutting off electricity to 400 families that had fallen 
behind on payments. The move touched off 2 days of protests, during 
which demonstrators barred a section of the highway leading to the 
airport. In response, the police used tear gas and bird shot and 
arrested about 30 persons. Paramedics attended residents affected by 
the gas and injured by the bird shot. Eventually the residents and the 
electric company reached an agreement. On August 31, the police used 
similar methods to disperse bus drivers who blocked traffic in Panama 
City, as well as at smaller protests throughout the year.
    In December 1998, a mix of student and worker groups protesting the 
privatization of the state-owned water utility, the changing of the 
date to celebrate a national holiday, and fee changes at the university 
engaged in a week of protests and confrontations. The demonstrators 
used Molotov cocktails and hurled stones at police. The police response 
to the at-times violent protests included the use of bird shot, tear 
gas, and rubber bullets. There were reportedly dozens of beatings and 
instances of abusive treatment, particularly against those taken into 
custody (also see Section 2.a.).
    The Constitution provides for the right of association, and the 
Government generally respects this right in practice. Citizens have the 
right to form associations and professional or civic groups. They may 
form and organize political parties freely, although new parties must 
meet strict membership and organizational standards in order to gain 
official recognition and participate in national campaigns.
    c. Freedom of Religion.--The Constitution, although recognizing 
Catholicism as ``the religion of the majority of Panamanians,'' 
provides for free exercise of all religious beliefs, provided that 
``Christian morality and public order'' are respected. The Government 
imposes no limitations in practice, and there is a broad diversity of 
religions. The Constitution prohibits clerics from holding public 
office, except as related to social assistance, education, or 
scientific research.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice. The Government 
enforced exit permit requirements for foreigners who overstayed their 
initial visas. A 9:00 p.m. curfew for minors under 18 years of age in 
the Panama City and San Miguelito districts of Panama province, imposed 
in 1992, remained in effect. Police enforcement of the curfew was 
uneven, with strictest compliance focused on high-crime areas.
    During the year, between 300 and 500 Colombians fled the violence 
in Colombia and entered the country by crossing the border. At year's 
end the refugees were still living in the Darien town of Jaque and 
refused to return to Colombia until the Colombian Government could 
guarantee their safety in Jurado municipality. The Government, along 
with local NGO's and the United Nations, provided the refugees with 
protection and humanitarian assistance. At year's end, the Ministry of 
Foreign Affairs had not taken an official stance on policy towards the 
Colombians.
    The law has provisions for granting refugee status in accordance 
with the 1951 U. N. Convention Relating to the Status of Refugees and 
its 1967 Protocol. The Government generally cooperates with the office 
of the United Nations High Commissioner for Refugees and other 
humanitarian organizations in assisting refugees. The issue of first 
asylum did not arise during the year.
    There were no reports of the forced return of persons to a country 
where they feared persecution. However, throughout the year, there were 
unconfirmed reports that the police along the border, on an ad hoc 
basis, required Colombians to return to Colombia.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have this right and exercised it in the May general 
elections. The Constitution provides for a representative democracy 
with direct popular election by secret ballot of the President, two 
vice presidents, legislators, and local representatives every 5 years. 
While the Constitution provides for independent legislative and 
judicial branches, in practice the executive dominates. The independent 
Electoral Tribunal arranges and supervises elections. The Government 
respected the rights of its citizens to join any political party, 
propagate their views, and vote for candidates of their choice.
    In the May 2 general elections, Arnulfista candidate Mireya Moscoso 
defeated Democratic Revolutionary Party (PRD) candidate Martin Torrijos 
and Christian Democratic Party candidate Alberto Vallarino, winning 
44.8 percent of the popular vote. The PRD won 35 seats in the National 
Assembly; the Arnulfistas, 18;Solidarity, 4; the National Liberal 
Party, 2; MOLIRENA, 3; Democratic Change, 2; MORENA, 1; the Christian 
Democratic Party, 4; and the Civic Renewal Party, 2.
    Domestic and international observers characterized the elections as 
generally free and fair; however, several local contests were marred by 
reports of vote buying and in extreme cases, voter intimidation. 
Legislative District 9-3, in Veraguas province, was criticized widely 
for such electoral interference.
    There are no legal barriers to participation by women, members of 
minorities, or persons of indigenous descent, but they generally are 
underrepresented in government and politics. At year's end, women held 
7 of 71 Legislative Assembly seats, and a woman served as its vice 
president. Women also held 3 of 13 cabinet positions. In May voters 
elected the first female President, and an indigenous person was 
elected President of the National Assembly. There are two female 
members of the Supreme Court, one of whom was elected Chief Justice in 
October.
    The Government provides semiautonomous status to several indigenous 
groups in their homelands, including the Kuna, Ngobe-Bugle, Madugandi, 
and Embera-Wounaan reserves. The Kuna of San Blas have two 
representatives in the Legislative Assembly, proportionate to their 
share of the population. Locally, tribal chiefs govern each reserve; 
they meet in a general congress at regular intervals. Neither the 
Madugandi nor the Embera-Wounaan reserve has its own dedicated 
legislators, but each has a separate governor. The Government continued 
the process of demarcating electoral districts within a new reserve 
created for the Ngobe-Bugle. May elections allowed many Ngobe-Bugle to 
choose their own local representatives in these newly created electoral 
districts.
    The law prohibits discrimination against any social, religious, or 
cultural group; however, naturalized citizens may not hold certain 
categories of elective office.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Human rights organizations, including both religious and secular 
groups, operated without government restrictions. These organizations 
carried out a full range of activities, including investigations and 
dissemination of their findings. Organizations generally had access to 
government officials while conducting investigations. Some 
organizations were particularly active in encouraging voter turnout for 
the May general elections and in assisting election observers.
    The legislature created the office of Human Rights Ombudsman in 
December 1996, but initially did not provide funding, and the office 
did not open until January 1998, when it began to handle cases. In 
February 1998, the Supreme Court stripped the Ombudsman of his 
authority to investigate human rights violations involving the 
administration of justice.
    Human Rights Ombudsman Italo Antinori, the first to fill the 
position, sparred with the Perez Balladares Government until it left 
office. The Ombudsman received 15 to 20 complaints daily. With the 
authority only to investigate and publicize, Antinori handled several 
high-profile cases, although he failed to develop close links with 
other domestic human rights organizations. This highly personalized 
approach may have limited the overall institutional development of the 
ombudsman's office. Nonetheless, the office handled some 4,000 
complaints since its founding in 1998, and Antinori's activities were 
well-publicized in the press. The Ombudsman also conducted a high 
profile ``get out the vote'' campaign prior to the general elections, 
consisting of public information messages on radio and television.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits either special privileges or 
discrimination on the basis of race, birth status, social class, sex, 
religion, or political views. Nevertheless, societal prejudices 
persist, based primarily on social status. Cases of discrimination are 
difficult to prove, and legal remedies for victims are complicated, 
time-consuming, and costly.
    Women.--Domestic violence against women continued to be a serious 
problem. The Center for the Development of the Woman estimated that 
victims report as few as 20 percent of sexual assaults tojudicial or 
law enforcement authorities. However, statistics indicate a greater 
willingness by women to report incidents of abuse. The PTJ registered 
959 cases of domestic violence through August, compared with 582 
through August 1998 and only 35 for all of 1997. The PTJ also 
registered 514 cases of rape and 135 cases of attempted rape. The 
Foundation for the Promotion of the Woman, among other women's advocacy 
groups and government agencies, operated programs to assist victims of 
abuse, and to educate women on their legal rights. The 1995 Family Code 
criminalized family violence, including psychological, physical, or 
sexual abuse, although convictions are rare unless a death occurs. A 
widely acknowledged characteristic of rape is that it frequently occurs 
in the home.
    In addition to domestic violence, sexual harassment is a threat to 
the equal status of women in society. According to a report by the 
Latin American Committee for the Defense of Women, in 1995, the latest 
year statistics were available, about 70 percent of female government 
employees reported having endured sexual harassment in the workplace, 
42 percent by their immediate supervisors and 18 percent by more senior 
supervisors. Since a bill to criminalize sexual harassment failed to 
pass the legislature in 1995, no further legislation has been 
introduced.
    The 1995 Family Code recognizes joint or common property in 
marriages. However, insufficient resources hampered government efforts 
to enforce the code's provisions effectively.
    The Constitution mandates equal pay for men and women in equivalent 
jobs, but wages paid to women are on average 20 percent lower and 
increase at a slower rate. Although statistics are lacking, there are 
credible reports of irregular hiring practices based upon age and 
``attractiveness.'' In December 1998, the Legislative Assembly passed a 
law that reiterated protections laid out in the Constitution and 
prohibited all discrimination on the basis of sex.
    A number of private women's rights groups, including groups for 
indigenous women, concentrate on disseminating information about 
women's rights, countering domestic abuse, enhancing employment and 
other skills, and pressing for legal reforms. The Foundation for the 
Promotion of the Woman stated that it provided legal assistance, 
counseling, and skills training to over 750 women during the year.
    In January 1998, the Government created the Ministry of Women, 
Youth, Family, and Childhood, appointing Leonor Calderon as the 
Minister. Although the new Ministry is largely a consolidation of 
departments previously operating in other government ministries, its 
creation raised the profile of social issues.
    Children.--Minors (under 18 years of age) represent 48 percent of 
the population. The PTJ registered 171 cases of child abuse during the 
year. Education of children is compulsory through the equivalent of 
ninth grade. However, in remote areas children do not always attend 
school due to a lack of transportation, traditional attitudes, and 
insufficient government resources to enforce the requirement. The 
Government furnishes basic health care for children through local 
clinics run by the Ministry of Health. A central children's hospital in 
Panama City operates on government funds as well as private donations.
    The Superior Tribunal for Minors and Superior Tribunal for Families 
are judicial authorities charged with overseeing the protection and 
care of minors. The Minister of Women, Youth, Family, and Childhood 
acts much like an ombudsman, and the office proposes and reviews laws 
and monitors government performance. Many children continue to suffer 
from malnutrition, neglect, and inadequate medical care. Malnourishment 
is lowest in urban areas and highest among rural indigenous groups. 
Child labor is a problem (see Section 6.d.).
    Juvenile courts report a high incidence of juvenile delinquency in 
major urban areas. The authorities report an increase in crimes 
attributed to juvenile gangs, including drug trafficking, armed 
robberies, kidnapings, car thefts, and murders. In March the Minister 
of Women, Youth, Family, and Childhood charged the police with 
violating the human rights of minors by arresting and detaining them 
for minor infractions following periodic neighborhood sweeps.
    People with Disabilities.--The Workers with Disabilities Office of 
the Department of Labor and Social Welfare is responsible for 
government policy and support for citizens with disabilities and for 
placing qualifieddisabled workers with employers. The office was in 
charge of implementing a June 1993 executive order that provided 
employers with tax incentives for hiring the disabled but has had only 
minimal success. Although some public buildings and retail stores have 
access ramps for the disabled, no national law compels the installation 
of facilitated access features in public or private buildings. In July 
the Panama City government began enforcing municipal building codes 
passed in 1998 that require such access to be included in new 
construction.
    Indigenous People.--Indigenous people number approximately 194,000 
(8 percent of the population) and have the same political and legal 
rights as other citizens. The Constitution protects the ethnic identity 
and native languages of indigenous people, requiring the Government to 
provide bilingual literacy programs in indigenous communities. 
Indigenous people have legal rights and take part in decisions 
affecting their lands, cultures, traditions, and the allocation of 
natural resources. The Family Code recognizes traditional indigenous 
cultural marriage rites as the equivalent of a civil ceremony. The 
Ministry of Government and Justice maintains a Directorate of 
Indigenous Policy. The Legislative Assembly also has an Indigenous 
Affairs Commission to address charges that the Government has neglected 
indigenous needs. Despite legal protection and formal equality, 
indigenous people generally endure relatively higher levels of poverty, 
disease, malnutrition, and illiteracy than the rest of the population. 
Discrimination against indigenous people, although generally not overt, 
is widespread.
    Since rural indigenous populations infrequently master Spanish well 
enough to use appropriate legal terminology, they often have difficulty 
understanding their rights under the law and defending themselves in 
court. The indigenous population has grown increasingly vocal in 
requesting that the Government grant it more autonomy by creating more 
indigenous reserves or expanding existing ones. The Government 
continued the process of demarcating electoral districts within a new 
reserve created for the Ngobe-Bugle. May elections allowed many Ngobe-
Bugle to choose their own local representatives in these newly created 
electoral districts.
    National/Racial/Ethnic Minorities.--There is some evidence that a 
constitutional provision reserving retail trade to Panamanian citizens 
originally was directed at Chinese immigrants, but government officials 
have stated that it serves as a barrier to prevent foreign retail 
chains from operating in the country. The measure is not enforced in 
practice. Chinese, Middle Eastern, and Indian legal residents, as well 
as citizens of Chinese and Indian descent, operate much of the retail 
trade, particularly in urban areas. Leaders of the over 100,000-member 
East Asian and South Asian communities credibly claimed that Panamanian 
elites treat Panamanian-resident Chinese and Indians as well as 
citizens of Asian origin as second-class citizens.
    Although such practices are illegal, clubs and restaurants often 
discriminate against blacks by denying them admission. After student 
protests at several nightclubs, Ombudsman Italo Antinori investigated 
and found racial discrimination at four nightclubs. Racial 
discrimination also is found in the workplace, particularly in jobs 
involving dealing with the public, where light-skinned persons are 
disproportionately represented.
Section 6. Worker Rights
    a. The Right of Association.--Private sector workers have the right 
to form and join unions of their choice, subject to registration by the 
Government. A labor code reform package signed in 1995 significantly 
increased workers' ability to establish unions. The reforms streamline 
the accreditation and registration process for unions, reduce the 
minimum size from 50 to 40 workers, and cut the Government's required 
response time on applications from 2 months to 15 days. In the event 
the Government does not respond within this time frame, the union 
automatically gains recognition and is accorded all rights and 
privileges under the law.
    According to Ministry of Labor statistics, approximately 10 percent 
of the total employed labor force are organized. There are over 250 
active unions, grouped under 7 confederations and 48 federations 
representing approximately 80,000 members in the private sector. 
Neither the Government nor the political parties control or financially 
support unions.
    The 1994 Civil Service Law permits most government workers to form 
public employee associations and federations and establishes their 
right to represent members in collective bargaining with their 
respective agencies. It also provides civil servants (but not other 
government workers) with the right to strike, except for those in areas 
vital to public welfare and security, such as the police and health 
workers and those employed by the U.S. military forces and the Panama 
Canal Commission.
    The Labor Code reforms addressed some longstanding concerns of the 
International Labor Organization (ILO). The code no longer makes labor 
leaders automatically ineligible to keep their union positions if they 
are fired from their jobs.
    As is general practice in the country's public offices after 
elections, newly elected politicians and appointees began dismissing 
public workers immediately upon taking office to free up positions for 
loyal followers. The authorities discharged up to several thousand 
government employees by year's end. Public workers do not benefit from 
union protection, Labor Code standards, or minimum wage provisions.
    The Civil Service Law has proven insufficient to protect public 
workers. Under the law, public workers may be promoted into the civil 
service and thus enjoy some right to bargain collectively, strike, and 
evade summary dismissal. The Perez Balladares administration promoted 
some 10,000 public workers into the civil service during its final 
weeks in office, but the incoming Moscoso administration responded to 
this last minute influx by suspending the promotions of the new civil 
servants ``for review.'' Only a small percentage of the 150,000 public 
workers truly enjoy job security by virtue of their status as civil 
service employees.
    The ILO's Committee of Experts has observed for some years that the 
prohibition of public servants' associations is inconsistent with 
obligations under ILO Convention 87 (The Right to Organize and Freedom 
of Association). The ILO made a second request that the Government 
amend labor laws with regard to public workers, but no changes had been 
made at year's end.
    Union organizations at every level may and do affiliate with 
international bodies.
    b. The Right to Organize and Bargain Collectively.--The Labor Code 
provides most workers with the right to organize and bargain 
collectively, and unions exercise it widely. The law protects union 
workers from antiunion discrimination and requires employers to 
reinstate workers fired for union activities. The Ministry of Labor has 
mechanisms to resolve complaints against antiunion employers. The Civil 
Service Law allows most public employees to organize and bargain 
collectively and grants some of them a limited right to strike. While 
the right to strike applies to some 10,000 civil servants, it does not 
apply to the approximately 140,000 other government workers. The Labor 
Code establishes a conciliation board in the Ministry of Labor to 
resolve labor complaints and provides a procedure for arbitration. A 
March ruling by the Supreme Court declared unconstitutional Article 452 
of the Labor Code, which obligated private sector strikers to submit to 
binding arbitration after a given period.
    Employers commonly hire temporary workers to circumvent onerous 
labor code requirements for permanent workers; such temporary workers 
receive neither pensions nor other benefits. The practice of blank 
contracts is, according to union sources, becoming more widespread. 
Labor law addresses this problem by requiring all companies to submit 
copies of all labor contracts for permanent workers to the Labor 
Ministry and by requiring the Labor Ministry to conduct periodic 
inspections of companies' work forces and review all contracts to 
ensure that they are in order. The code also authorizes the Labor 
Ministry to levy fines against companies not in compliance with the 
law.
    In January and February 1996, the Government issued cabinet decrees 
governing labor relations in export processing zones (EPZ's) as a means 
of attracting investment into areas vacated under the terms of the 
Panama Canal Treaty. The original decree limited a broad range of labor 
rights, including the right to strike and to bargain collectively. The 
second decree modified the first and restored most worker rights in 
EPZ's. However, it provides for collective bargaining with 
``representatives of employees'' but makes no specific mention of trade 
unions; it requires mandatory arbitration of disputes; and it allows 
forthe participation of an unrepresentative worker delegate in the 
tripartite (government, labor, and industry) arbitration commission.
    A 1997 decree further modified the EPZ labor regulations, 
stipulating that a strike may be considered legal only after 36 
workdays of conciliation are exhausted. If this requirement is not met, 
striking workers can be fined or fired. A 1998 ILO ruling noted that 
the 1997 regulations do not mention arbitration or specify procedures 
to resolve disputes in the courts. The ILO ruling stated that the 
Government should amend the EPZ labor regulations to conform with 
international norms, but the Government did not respond. Minimum wage 
provisions do not apply in the EPZ's.
    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
prohibits forced or compulsory labor, including that performed by 
children, and neither practice was reported.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code prohibits the employment of children under 
14 years of age as well as of those under age 15 if the child has not 
completed primary school; children under age 16 cannot work overtime; 
those under age 18 cannot perform night work. Children between the ages 
of 12 and 15 may perform farm or domestic labor as long as the work is 
light and does not interfere with their schooling. The Ministry of 
Labor enforces these provisions in response to complaints and may order 
the termination of unauthorized employment. However, the Government 
acknowledges that it is unable to enforce other child labor provisions 
in rural areas, due to insufficient staff. The law prohibits forced or 
bonded labor by children, and the Government enforces this provision 
(see Section 6.c.).
    The Permanent Committee Against Child Labor asserts that 11 percent 
of all children between the ages of 10 and 17 are working or actively 
are seeking employment. Most of these children, both rural and urban, 
are believed to be working at their parent's insistence. Some of these 
children may be providing a substantial part of their family income.
    Child labor violations occur most frequently in rural areas during 
the harvest of sugar cane, coffee, and tomatoes. Farm owners usually 
pay according to the amount harvested, leading many persons to bring 
their young children to the fields to help with the harvest. In many 
small rural communities, the entire able-bodied population participates 
in a harvest, and parents are not willing to leave their children 
behind unattended. Many children also are involved extensively in 
subsistence agriculture.
    Urban supermarkets employ an estimated 1,500 children, who work for 
tips bagging groceries. Some supermarket managers claim that these 
children are not employed by their firm, but these ``baggers'' often 
have schedules, uniforms, and must comply with company codes of 
conduct. In addition, many children work as domestic workers or sell 
items and wash cars in the streets.
    The Government has not developed an effective strategy to address 
the problem of children working as street vendors and car washers, and 
has been unwilling to challenge the larger supermarket chains where 
large numbers of children work.
    e. Acceptable Conditions of Work.--The Labor Code establishes 
minimum wage rates for specific regions and for most categories of 
labor. The minimum wage ranges from $0.77 per hour to $1.33 per hour, 
depending on the sector. This wage is not sufficient to provide a 
decent standard of living for a worker and family. Most workers 
formally employed in urban areas earn the minimum wage or above. An 
estimated 39 percent of the population who work in the large informal 
sector earn far below the minimum wage. The Government does not enforce 
labor laws in most rural areas, where laborers earn $5 or $6 per day, 
with no benefits. In December a tripartite commission comprising 
representatives from government, the private sector, and labor convened 
to negotiate an increase in the minimum wage, which would go into 
effect in July 2000. If the commission fails to reach consensus, the 
President has the power to raise the minimum wage by decree.
    Unions repeatedly have alleged that contractors operating in the 
Panama Canal area pay less than the required minimum wage. The Ministry 
of Labor does not enforce the minimum wage lawadequately, due to 
insufficient personnel and financial resources.
    The Labor Code establishes a standard workweek of 48 hours and 
provides for at least one 24-hour rest period weekly.
    The Ministry of Labor is responsible for enforcing health and 
safety standards and generally does so. The standards are fairly broad 
and generally emphasize safety over long-term health hazards, according 
to organized labor sources. An occupational health section in the 
social security system is responsible for conducting periodic 
inspections of especially hazardous employment sites, such as those in 
the construction industry, as well as inspecting health and safety 
standards in response to union or worker requests. Worker complaints of 
health problems continued in the banana industry as well as in the 
cement and milling industries.
    The law protects from dismissal workers who file requests for 
health and safety inspections. Workers also have the right to remove 
themselves from situations that present an immediate health or safety 
hazard without jeopardizing their employment. They generally are not 
allowed to do so if the threat is not immediate, but may request a 
health and safety inspection to determine the extent and nature of the 
hazard.
    f. Trafficking in Persons.--The law prohibits alien smuggling, but 
does not prohibit specifically trafficking in persons. However, the 
authorities held several persons in custody for trafficking; they 
awaited trial at year's end.
    The country is a transit point for aliens, primarily from other 
countries in South America (particularly Colombia and Ecuador) seeking 
to reach the United States, some of whom are trafficked into indentured 
servitude. An estimated 30,000 aliens transit the country annually, 
generally posing as tourists. Their travel is facilitated by a network 
of alien smugglers, travel agents, hotels, and safe-houses. The 
majority of aliens transiting through Panama originate in South America 
but a significant and increasing number come from India and China. 
Panamanians themselves represent only a small percentage of illegal 
aliens transiting through Central America.
    Anecdotal evidence indicates that illegal aliens transiting through 
Panama overland are subject to frequent hardship. They commonly are 
deprived of adequate food and shelter. Chinese aliens are particularly 
vulnerable to poor treatment.
    South Americans pay approximately $5,000 in their country of origin 
for the entire trip. For the Chinese, $5,000 constitutes only the down 
payment on a total fee that could reach $30,000. Once in the United 
States, many Chinese are coerced into working off their debt as 
indentured servants in the Chinese community.
    Corruption, legal technicalities, and lack of resources and staff 
contribute to the Government's inability to combat the problem fully.
                                 ______
                                 

                                PARAGUAY

    Paraguay is a constitutional republic with a strong executive 
branch and an increasingly important bicameral legislature. The 
President is the head of government and cannot succeed himself. The 
1998-99 Government of President Raul Cubas Grau was marked by growing 
attempts by the executive to undercut the constitutional authority of 
the legislative and judicial branches. In turn, Congress and the 
Supreme Court challenged the President for months, and on March 23, 
Cubas foe and Vice President Luis Maria Argana was assassinated, 
allegedly by supporters of retired General Lino Oviedo. On March 28, 
President Cubas, General Oviedo's protege, resigned, and Senate 
president Luis Gonzalez Macchi assumed the presidency. The succession, 
while tense, was orderly and took place as mandated in the 
Constitution. The Congress, Supreme Electoral Tribunal, and the Supreme 
Court agreed that the new President should serve the remainder of the 
former President's term, until 2003. President Gonzalez Macchi formed a 
``national unity'' government that included, for the first time in 50 
years, the two major opposition parties. Although the Constitution 
provides for an independent judiciary and the Supreme Court continued a 
reform process, the courts continued to be subject to pressure from 
politicians and others.
    The military no longer plays an overt role in politics; however, 
many citizens remained concerned about possible erosion of its 
apolitical status. The military's decision to support the democratic 
transition in late March was viewed as a sign of its increasing 
professionalism and acceptance of its role in a democracy. The national 
police force has responsibility for maintaining internal security and 
public order; while it is nominally under the authority of the 
presidency, in practice it reports to the Ministry of the Interior. The 
civilian authorities maintain effective control of the security forces. 
Members of the security forces committed serious human rights abuses.
    Paraguay has a market economy with a large informal sector. The 
formal economy is oriented toward services, with less than half of the 
$7.9 billion gross domestic product resulting from agriculture and 
industry. Over 40 percent of the population are engaged in agricultural 
activity, and approximately 20 percent of families depend on cotton 
farming. Wealth continues to be concentrated, with both urban and rural 
areas supporting a large subsistence sector. Agricultural commodities 
(soybeans, cotton, lumber, and cattle) were the most important export 
items. The economy shrank by approximately 1.5 percent in 1999. Annual 
per capita income was approximately $1,500. About 30 percent of the 
population live in extreme poverty.
    The Government's human rights record generally remained poor, and 
there continued to be serious problems; however, there were 
improvements in some areas under the Gonzalez Macchi administration. 
The principal human rights abuses included extrajudicial killings, 
torture and mistreatment of criminal suspects, prisoners, and military 
recruits, extremely poor prison conditions, arbitrary arrest and 
detention, lengthy pretrial detention, general weaknesses within the 
judiciary, infringements on citizens' privacy rights, violence and 
discrimination against women, abuse of children, discrimination against 
the disabled and indigenous people, incomplete protection at times for 
worker rights, instances of forced labor, and allegations of forced 
child labor.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--The March 23 
assassination of Vice President Argana has been widely attributed to 
retired general and coup-plotter Lino Oviedo, and his protege, then-
President Cubas. The assassination, during which Argana's bodyguard 
Francisco Barrios Gonzalez also was killed, led to protests during 
which the police and civilian supporters of President Cubas fired on 
unarmed student demonstrators, killing 8 and injuring over 100. As the 
most prominent anti-Oviedo and anti-Cubas leader of the ruling Colorado 
Party, Argana had sought unsuccessfully in February to get Congress to 
approve Cubas' impeachment. The assassination and subsequent deaths of 
the demonstrators, widely viewed as political killings, intensified 
opposition within Congress, while at the same time the lower house 
impeached Cubas on charges that he had failed to abide by a Supreme 
Court order to take retired General Oviedo into custody; Cubas resigned 
on March 28 before the Senate could vote to convict him and fled the 
country.
    The allegations that Oviedo and his key advisers planned Argana's 
murder are plausible. There are also credible allegations that Oviedo 
and the police command ordered supporters to fire on protesters later 
that week. Although the authorities freed some of those arrested from 
prison and placed them under house arrest, they kept others jailed on 
weak or no evidence, with no provision for due process. There also have 
been plausible accusations that the police tortured two of those 
persons they arrested.
    The police and the military were responsible for some extrajudicial 
killings. On July 2, members of the president's military guard, with 
assistance from a unit of the Antinarcotics Secretariat Police (SENAD), 
shot and killed Jose ``Coco'' Villar during a raid on his home. Villar 
was a suspect in the assassination of Vice President Argana, which a 
congressional commission was investigating. The SENAD claimed that 
Villar was armed and shot at its agents when they raided his home. The 
Prosecutor General criticized the SENAD's role in the raid, since its 
mandate is limited to investigation and action in narcotics and 
firearms cases.
    On July 13, agents from the Antinarcotics Police (DINAR) shot and 
killed Guillermo Jara Ramirez in Nueva Germania, San Pedro. Jara 
allegedly was harvesting marijuana leaves along with two other persons, 
who were not harmed, when the DINAR agents approached them. The DINAR 
reported that the suspects opened fire on agents, who fired back in 
self-defense, killing Jara.
    Some military recruits died as a result of beatings by superior 
officers (also see Section 1.c.). According to the National Obligatory 
Service Law, conscripts may be assigned to service either in the armed 
forces or in the National Police. In April two military recruits were 
killed while serving at two different police stations; one, Fernando 
Aristides Gutierrez, was shot to death in a petty dispute with another 
recruit. The other, Marcial Torres, a 17-year-old conscript working in 
a police station in Puerto Antequera, in San Pedro province, died as 
the result of severe injuries inflicted in a beating by the station 
commander, Ramon Duarte. Although Torres' mother filed an official 
complaint against Duarte, no investigation or other judicial action had 
been taken against Duarte by year's end. Human rights monitors, 
including a support group for families of military recruits, report 
that 94 recruits, some underage, have been killed or died in accidents 
since 1989 while serving their mandatory military service.
    Three female inmates died as the result of a prison fire of 
undetermined origin that broke out in their isolation cell (see Section 
1.c.).
    There has been no further action in the criminal investigation into 
the killing of Gustavo Daniel Gonzalez Delgado in 1997. Human rights 
monitors claim that police officers shot Gonzalez three times following 
a traffic incident between Gonzalez's car and a police vehicle.
    There was no further action in the killing of Gumersindo Pavon 
Diaz, a peasant laborer on land expropriated from a businessman. The 
killing, allegedly by armed civilian security guards, provoked violence 
by peasants against the company operating on the land.
    There was no further action in the investigations into the 1995 
killing of peasant protester Pedro Jimenez and the 1994 killings of 
peasant leaders Sebastian Larrosa and Esteban Balbuena.
    Authoritarian regimes ruled the country until 1989, when dictator 
Alfredo Stroessner was overthrown by General Andres Rodriguez, who was 
elected President later that year. In 1996 an appellate court affirmed 
the convictions for human rights abuses of five Stroessner-era 
officials: Former police Investigations Director Pastor Coronel and 
police officers Lucilo Benitez Santacruz, Agustin Belotto Youga, Camilo 
Almada Morel, and Juan Aniceto Martinez. In September a judge added 
additional lengthy sentences to each of the prisoners' terms for their 
roles in the 1976 murder of two brothers, Rodolfo and Benjamin Ramirez 
Villalba.
    In December a court sentenced Stroessner-era police chief, retired 
General Ramon Duarte Vega, to over 13 years in prison for the attempted 
murder and systematic torture of former political prisoner Sebastian 
Castillo. The authorities had arrested Duarte in 1997 and kept him in 
military prison for acts of torture committed in 1963.
    The 1998 arrest of former Chilean dictator General Augusto Pinochet 
in the United Kingdom drew renewed attention toextrajudicial killings 
and other abuses that occurred under the Stroessner regime. There were 
renewed allegations that Stroessner cooperated in Operation Condor, a 
regional plan to eliminate leftists. One human rights activist, who was 
a political prisoner during that time, has filed cases with Spanish 
judge Baltasar Garzon, who was preparing the case against Pinochet, and 
provided him with documents from Paraguayan archives that he claims 
implicate General Pinochet in Operation Condor.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture, as well as cruel, 
inhuman or degrading punishment or treatment; however, torture 
(primarily beatings) and brutal and degrading treatment of convicted 
prisoners and other detainees continued. A human rights nongovernmental 
organization (NGO), the Committee of Churches, reported several cases 
of torture and other abusive treatment of persons designed to extract 
confessions, punish escape attempts, or intimidate detainees. The 
Attorney General's office and the Committee of Churches compiled 
numerous examples of police abuse and extrajudicial killings.
    Some of the more than 40 Oviedo supporters arrested following Vice 
President Argana's assassination alleged that the police tortured or 
otherwise abused them (see Sections 1.d. and 1.e.).
    In addition, there were several allegations of mistreatment of 
military recruits by noncommissioned and commissioned officers. One NGO 
claims to have documented five cases of torture of recruits during the 
year, leading to the death of one of them (see Section 1.a.).
    Credible reports continued that landowners living near the border 
in the Alto Parana, Canindeyu, and Amambay departments forcibly removed 
squatters from their property with the help of the police, without the 
required judicial order. Some of the evictions reportedly were violent, 
with paid armed civilians operating in conjunction with police 
personnel. The authorities undertook no effective action in response to 
these reports.
    In March police armed with a detention order for 6 persons arrested 
24 squatters on the property of an absentee landlord outside of Ciudad 
del Este and imprisoned them for 3 weeks. According to one of those 
detained, the police beat several of the women and children in the 
group when their friends protested their arrest. One of them, a woman 
who was 7 months pregnant, had her baby prematurely as a result of the 
beating. During their imprisonment, the prisoners reportedly were 
required to walk up to 15 miles each day to pick beans for their own 
meals and to collect wood to be carried back to the prison to be used 
as cooking fuel. After 3 weeks, during which their fellow squatters 
demonstrated on their behalf in front of the Justice Ministry in 
Asuncion, the Government released the prisoners and granted them a 
small plot of land.
    Violence accompanied protests and demonstrations from January 
through April and included the use of excessive force by police and 
military forces. On two occasions in January, unknown attackers--
allegedly Oviedo supporters--threw Molotov cocktails and fired shots 
into the residences of Supreme Court justices. Similarly, shots were 
fired into the home of former president Juan Carlos Wasmosy in the same 
month.
    Violence peaked in March as the impeachment proceedings against 
then-President Cubas continued and following the assassination of Vice 
President Argana. A bomb threat to the Supreme Court closed the 
building. On March 23 and 24, police attacked protesters from peasant 
organizations and unions, as well as Oviedo supporters and 
proimpeachment activists with tear gas and a water cannon. On March 25, 
37 protesters and 6 police officers were injured in confrontations. The 
police allowed factions involved in the protest to assault one another 
using rocks, sticks, and firecrackers. On March 26, increasingly 
violent confrontations resulted in the deaths of 8 persons and injuries 
to almost 100 others (see Section 1.a.). According to press reports, 
Oviedo supporters shot at least 20 persons, allegedly without any 
action by the police.
    Prison conditions are extremely poor. Overcrowding and unsanitary 
living conditions were the most serious problems affecting all 
prisoners. Prisons generally serve one meal a dayand prisoners seldom 
get vegetables, fruit, or a meat protein source, unless they have 
individual means to purchase them. Mistreatment of prisoners is also a 
serious problem. Tacumbu prison, the largest in Asuncion, was built to 
hold 800 inmates but housed over 1,700 for most of the year. Other 
regional prisons generally hold about three times more inmates than 
originally planned. Jailing large numbers of landless peasants for 
trespassing exacerbates prison overcrowding.
    In January at Buen Pastor, the Asuncion women's prison, a fire in 
the isolation cell killed two prisoners, and a third died of her 
injuries a month later. There were no guards near the cell, and women 
in a neighboring cell had to alert prison authorities to the fire, 
which slowed assistance to the victims and led a judge to claim that he 
had been unaware of the degree of isolation of the women's confinement. 
Although laws governing the prisons forbid male guards in the women's 
prisons, the laws are not always observed in practice, and there have 
been several reported rapes of prisoners by their guards.
    Security is another problem. At one point during the year, there 
were 114 guards for over 1,800 prisoners at Tacumbu prison, before a 
court ordered some 200 released because of overcrowding; on December 
28, another 255 prisoners were released for the same reason. The 
Congressional Human Rights Commission has criticized the prisons for 
their poor nutritional standards. Prisons have separate accommodations 
for well-to-do prisoners, ensuring that those with sufficient means 
receive far better treatment than other prisoners.
    The Government permits independent monitoring of prison conditions 
by human rights organizations.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention are persistent problems. The Constitution prohibits detention 
without an arrest warrant signed by a judge and stipulates that any 
person arrested must appear before a judge within 24 hours to make a 
statement. The police can arrest persons without a warrant if they 
catch them in the act of committing a crime but must bring them before 
a judge within 24 hours. However, according to human rights activists, 
the authorities often violated these provisions.
    Following the assassination of Vice President Argana and the 
killing of student protesters in March, the authorities arrested over 
45 persons in connection with these cases. Many of those arrested were 
well-known political figures, including legislators allied with the 
former government. There was little evidence presented to support the 
charges against them, and most of the accused were held without bail, 
leading some to question whether due process had been observed. For 
example, those arrested included Senator Jose Francisco Appleyard, 
accused because he had accompanied Oviedo to a political rally in 1998, 
and former Vice President Angel Seifart, accused of having made remarks 
that somehow contributed to the deaths in March. By year's end, few 
suspects had been cleared of the charges against them (see Section 
1.e.).
    In November the authorities arrested 14 members of the army who 
were suspected of disloyalty when rumors circulated that a coup was 
being planned. At year's end, they remained incarcerated.
    Pretrial detention remains a serious problem. About 93 percent of 
the over 5,000 prisoners were held pending trial, many for months or 
years after their arrest. While the law encourages speedy trials, the 
Constitution permits imprisonment without trial until the accused 
completes the minimum sentence for the alleged crime, which often 
occurs in practice. However, there were several cases in which 
detainees were held without conviction for terms longer than the 
maximum sentence associated with the crimes with which they were 
charged. A bail system based on judicial discretion exists for most 
crimes. Judges frequently set relatively high bail, and many accused 
persons are unable to post bond. The Supreme Court, the Public 
Ministry, and a judicial working group have taken steps to reduce the 
large number of pretrial detainees but have achieved only modest 
results. The Supreme Court and many criminal court judges also make 
quarterly visits to the prisons to identify and release improperly held 
individuals.
    The Constitution expressly prohibits forced exile, and it is not 
practiced.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the courts often are pressured by 
politicians and other personswhose interests are at stake. There were 
credible allegations that members of the judiciary who issued arrest 
warrants for the Oviedo supporters following the events of March did so 
in response to political pressure. The judges defended their actions by 
noting the risk that the defendants might flee, and the need to 
investigate fully the 10 murders. The courts dismissed charges against 
some persons originally accused of the March killings. Although the 
detained Oviedo supporters assert that they are held for political 
reasons, they face criminal charges in a system plagued by slow 
movement, as well as political pressures. The judiciary is not allied 
with any one political group.
    In early November, the Senate voted not to confirm three of the 
nine justices on the Supreme Court, basing its authority to do so on a 
disputed article of the Constitution. Many persons assume that the vote 
was based on partisan political considerations. Two of the justices 
appealed the vote to the Court's Constitutional Chamber, which 
temporarily suspended the Senate's decision until it could be reviewed 
further.
    The nine-member Supreme Court appoints lower court judges and 
magistrates, based upon recommendations by the Magistrate's Council. 
There are five types of appellate tribunals: Civil and commercial, 
criminal, labor, administrative disputes, and juvenile. Several minor 
courts and justices of the peace fall within these five functional 
areas. The military has its own judicial system.
    The judicial system remains relatively inefficient, but the 
enactment of new criminal procedure and penal codes is expected to 
improve the judicial system's efficiency. However, the judiciary 
continues to suffer from insufficient resources. There was also a large 
backlog of cases, but the judiciary undertook to eliminate up to 40 
percent of the cases that are inactive or invalid due to the statute of 
limitations.
    The Constitution stipulates that all defendants have the right to 
an attorney, at public expense if necessary, but this right often is 
not respected in practice. Many destitute suspects receive little legal 
assistance, and few have access to an attorney sufficiently in advance 
of the trial to prepare a defense. In Asuncion, for example, there are 
only 20 public defenders available to assist the indigent, and just 77 
nationwide. Some judicial districts have not even been assigned public 
defenders. Moreover, the public defenders lack the resources to perform 
their jobs adequately.
    New penal and criminal procedures codes entered into force in 1998 
and 1999 to replace antiquated codes. They provide for protection of 
fundamental human rights, and include procedures for an oral and 
accusatorial system, as well as a faster and more transparent criminal 
trial process.
    Although trials still were conducted almost exclusively by 
presentation of written documents to a judge, who then renders a 
decision, the new penal and criminal procedure codes are expected to 
introduce oral proceedings gradually. A Public Ministry official is 
responsible in most cases for bringing charges against accused persons. 
Defendants and the Public Ministry can present written testimony of 
witnesses and other evidence. In practice, testimony is oral and 
generally taken by members of the judicial staff, without a judge 
present. All interested parties have access to all documents reviewed 
by the judge, and defendants can rebut witnesses' statements. 
Defendants enjoy a presumption of innocence. The judge alone determines 
guilt or innocence and decides punishment. During the pretrial phase, 
the judge receives and may request investigative reports. In this 
phase, the judge is also likely to make a personal inspection of the 
scene of the crime and of the available physical evidence. The accused 
often appears before the court only twice: to plead and to be 
sentenced. If the sentence is appealed, an appellate judge reviews the 
verdict, and the law provides for appeals to the Supreme Court in 
certain cases.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Government and its security forces generally did 
not interfere in the private lives of citizens; however, human rights 
activists claimed that local officials and police officers abuse their 
authority by entering homes or businesses without warrants and 
harassing private citizens. The Constitution provides that police may 
not enter private homes except to prevent a crime in progress or when 
the police possessa judicial warrant. There was evidence that the 
Government occasionally spied on individuals and monitored 
communications for political and security reasons. There were 
allegations of the forced conscription of underage youths (see Sections 
5 and 6.c.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression and of the press, and the Government generally 
respects these rights in practice; however, there were numerous 
instances of societal violence and threats against journalists during 
the year.
    The print and electronic media are independently owned. The media 
commonly criticized the Government and freely discussed opposition 
viewpoints.
    Reflecting political tensions in society, journalists reported some 
incidents of intimidation and violence, although the victims could not 
link any of them conclusively to the Government. In August an unknown 
person threw a hand grenade into the garden outside the home of ABC 
Color newspaper publisher Aldo Zucolillo. Also in August, shots were 
fired at the house of Radio Nanduti owner Humberto Rubin, and the 
residence of the editor of the daily newspaper Popular was broken into 
and ransacked. In August an armed person stopped three employees of the 
La Nacion newspaper outside the city of Aregua, and ordered them at 
gunpoint to turn over their film, cameras, cellular phones, and other 
material. The gunman was identified as an off-duty narcotics policeman 
providing guard service to the subject of the journalists' 
investigation. In September shots were fired at the house of Noticias 
reporter Esteban Areco.
    On January 26, members of the opposition-controlled National 
Congress filed a suit against four journalists--Julio Osvaldo Dominguez 
Dibb, publisher of La Nacion; Alberto Vargas Pena, columnist and 
editorial writer of that newspaper; Raul Melamed, announcer of the 
radio station Montecarlo; and Juan Carlos Bernabe, director of the 
radio station Nanawa--accusing them of ``committing punishable offenses 
against constitutional institutions, offenses against the State, and 
offenses against the maintenance of the social order.'' Melamed and 
Bernabe in particular urged that Oviedo supporters physically 
intimidate Supreme Court justices who had ruled against the Cubas 
Government in December 1998. Melamed, who was the master of ceremonies 
at the December 1998 Oviedo demonstration in which Oviedo promised 
``rivers of blood'' for his opponents, was particularly active in using 
the radio as a form of intimidation. In June the Inter-American Press 
Association (IAPA) sent a delegation to look into press freedom issues 
raised by these cases. It filed a preliminary report that concluded 
that the media were highly polarized and requested that the authorities 
ensure that press freedom be protected. In July the OAS Special 
Rapporteur for Freedom of Expression, along with members of the Inter-
American Commission on Human Rights (IACHR), visited to demonstrate the 
international community's support for press freedom. The OAS Special 
Rapporteur expressed concern over acts of violence and threats against 
journalists, rulings by judges that affected freedom of expression, and 
lack of progress in the investigation of the 1991 murder of journalist 
Santiago Leguizamon.
    In June a lower court judge in the city of Villarrica ordered the 
arrest of two radio journalists for transmitting comments critical of 
the judge's rulings. The Journalists' Union immediately filed a protest 
and a motion that won the release of the journalists. A month later, an 
official of the Attorney General's office determined that the judge had 
acted outside her authority, a decision later upheld by the Attorney 
General.
    The Government does not restrict academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of all citizens to peaceful assembly, and the 
Government generally respects this right in practice. In 1997 the 
Government amended a law regulating demonstrations in Asuncion, which 
further restricted the areas where demonstrations may take place; 
however, it expanded slightly the hours in which they may be held. 
Union groups were the most vocal opponents of the modifications. The 
law requires that organizers notify the Asuncion police 24 hours before 
any planned rally in the downtown area. The police may ban a protest 
but must provide written notification of such a ban within 12 hours of 
receipt of the organizers' request. Thelaw permits a police ban only if 
another party already has given notice of plans for a similar rally at 
the same place and time. In addition, the law prohibits public meetings 
or demonstrations in front of the presidential palace and outside 
military or police barracks. This law does not apply to religious 
processions.
    On December 17, the authorities arrested 32 Oviedo supporters as 
they inaugurated a new branch office of the Colorado Party. They were 
held without charges for 24 hours and then released. When pressed by 
journalists for a reason for the arrests, the prosecutor claimed that 
the persons were ``co-conspirators'' of Oviedo.
    With the notable exception of the violent protests in March, 
political demonstrations and rallies occurred without major incidents. 
Labor unions continued to demonstrate for better working conditions and 
peasant organizations closed roads on a number of occasions to bring 
attention to the needs of the rural population. While police kept 
order, demonstrations were not hindered.
    The Constitution provides for the right of freedom of association, 
and the Government respects this right in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
conscience for all persons, and the Government respects this right in 
practice. Roman Catholicism is the predominant religion, but there is 
no official religion and all persons are free to worship as they 
choose. Foreign and local missionaries proselytize freely. All 
religious groups must be registered with the Ministry of Education and 
Culture, but the Government imposes no controls on these groups.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--All citizens may travel within the 
country with virtually no restrictions, and there are no restrictions 
on foreign travel or emigration. However, in March the Government 
temporarily closed its borders and the international airport in 
Asuncion during the search for suspects following the assassination of 
Vice President Argana.
    The Government cooperates with the office of the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees. There are no established provisions to grant asylum 
or refugee status; the Immigration Department determines each request 
on a case-by-case basis in consultation with the Ministries of Foreign 
Relations and the Interior and the nongovernmental Committee of 
Churches (which investigates claims to refugee status). The issue of 
the provision of first asylum has never arisen.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens To 
        Change Their Government
    Citizens have the right and ability to change their government 
through democratic means. Multiple parties and candidates contest the 
nation's leadership positions. Three parties are represented in the 
Congress. The Constitution and the Electoral Code mandate general 
elections every 5 years, voting by secret ballot, and universal 
suffrage. Debate in Congress is free and frank. The Congress often 
rejects the executive branch's proposals.
    There are three major political parties and a number of smaller 
ones. The opposition's power had increased as a result of the changes 
brought about by the 1992 Constitution and the subsequent election of a 
civilian president and an opposition-controlled Congress. However, the 
Colorado Party swept the 1998 general elections, and the opposition 
lost control of both chambers of Congress.
    The succession of Luis Gonzalez Macchi to the presidency, following 
the resignation of President Raul Cubas in March, was in large part 
attributable to the actions of civil society, which, for the first time 
in recent history, took to the streets to seek a peaceful change of 
government following the assassination of the Vice President. The 
Government that emerged received the support of all major political 
parties, and President Gonzalez Macchi formed a government of national 
unityby giving selected ministries to the former opposition. However, 
by the end of the year, the coalition faced a crisis and the Liberal 
Party threatened to withdraw from the Government. Political opposition 
factions that supported former General Oviedo protested the decision to 
allow Gonzalez Macchi to finish Cubas' term.
    There are no legal impediments to women seeking to participate in 
government and politics; however, in practice they are 
underrepresented. There are 9 women in Congress (7 of 45 senators and 2 
of 80 national deputies), and there is 1 woman in the Cabinet. The new 
Electoral Code requires that, in their internal primaries, 20 percent 
of each party's candidates for elective office be women.
    Members of indigenous groups are entitled to vote, and the 
percentage of indigenous people who exercised this right has grown 
significantly in recent years. Nevertheless, the inhabitants of some 
indigenous communities report being threatened and inhibited from fully 
exercising their political rights. Members of indigenous groups are 
underrepresented in government and politics.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several human rights groups operate, including the Committee of 
Churches (an interdenominational group that monitors human rights, 
investigates refugee claims, and provides legal assistance), Tekojoja 
(a group dedicated to the protection of children's rights), and SERPAJ 
(a group that defends conscientious objectors and provides legal 
assistance to those with grievances arising from military service). On 
July 22, 32 NGO's, civil organizations, and trade unions officially 
formed the Paraguayan Human Rights Coordinator (CODEHUPY). The 
Government did not restrict the activities of any human rights group; 
however, it has a mixed record in cooperating with or responding to 
recommendations.
    The 1992 Constitution calls for the Congress to name a human rights 
ombudsman through whom citizens can press claims against the State; 
however, the Congress has yet to do so, nor has it set up any 
alternative interim mechanism to serve this purpose until an ombudsman 
eventually is appointed. The IACHR criticized the failure to name an 
ombudsman during its July visit.
    The Director General of Human Rights, located in the Ministry of 
Justice and Labor, chairs the National Commission on Human Rights. The 
commission sponsors seminars to promote human rights awareness. The 
Director General's office has access to congressional, executive, and 
judicial authorities. It does not have subpoena or prosecutorial powers 
but may forward information concerning human rights abuses to the 
Attorney General for action. It also serves as a clearinghouse for 
information on human rights and has trained thousands of educators in 
human rights law.
    The office of the Attorney General's Special Adviser on Human 
Rights has been extremely active in pursuing justice against human 
rights abusers from the Stroessner regime. Although the position has 
little real authority, the adviser is a key spokesman for the human 
rights community and the rights of the disenfranchised and uses his 
position to identify and publicize human rights abuses by the 
Government.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    Although the Constitution and other laws prohibit discrimination, 
certain groups faced significant discrimination in practice.
    Women.--The most pervasive violations of women's rights involved 
sexual and domestic violence, which is both widespread and vastly 
underreported. Spousal abuse is common. While the new Penal Code 
criminalizes spousal abuse, it stipulates that the abuse must be 
habitual before being recognized as criminal, and then it is punishable 
only by a fine. Thousands of women are treated annually for injuries 
sustained in violent domestic situations. According to women's rights 
activists, official complaints rarely are filed, or when filed soon are 
withdrawn due to spousal reconciliation or family pressure. The 
Secretariat of Women's Affairs chairs a national committee, made up of 
other government agencies and NGO's, which has developed a nationalplan 
to prevent and punish violence against women. Pursuant to the plan, an 
office of care and orientation receives reports on violence against 
women and coordinates responses with the National Police, primary 
health care units, the Attorney General's office, and NGO's. The 
Secretariat also conducts training courses for the police, health care 
workers, prosecutors, and others.
    Violence against women has been targeted as a key area of concern 
by several NGO's and the Secretariat of Women's Affairs. According to a 
1995-96 national poll on reproductive health, 14 percent of women 
reported that they were physically abused at some point in their lives. 
Most observers believe that this number understates the reality. In 
Asuncion alone, observers believe close to 5,000 cases of violence 
against women go unreported each year. Almost 30 percent of the women 
who responded that they had been abused physically but did not report 
the abuse said that they had believed that they could resolve the 
situation themselves. Approximately 20 percent had feared reprisals 
from their attacker. About 25 percent of all violent crimes take place 
in the home, with the vast majority directed against women. Almost 20 
percent of women with less than 2 years of education reported being 
abused; roughly 10 percent of women report being hit by their spouses. 
Women's rights and advocacy groups succeeded in widening the debate 
about violence against women. The Women's November 25th Collective 
operates a reception center where female victims of violence can 
receive legal, psychological, and educational assistance. No shelters 
for battered and abused women are available outside the capital of 
Asuncion.
    In July an IACHR report stated that in 1998 one case of rape was 
reported to the press every 3 days. During the first 4 months of the 
year, there was one case of rape reported each day. There are no 
specialized police units to handle complaints involving rape.
    The law prohibits sexual exploitation of women; however, the 
authorities do not enforce it effectively. Prostitution by adults is 
not illegal, and exploitation of women, especially teenage prostitutes, 
remains a serious problem. Law enforcement officials regularly stage 
raids on houses of prostitution, and there were cases of arrests and 
closures of brothels where minors were involved in prostitution.
    The Secretariat of Women's Affairs continued to sponsor programs 
intended to enable women to have free and equal access to employment, 
social security, housing, land ownership, and business opportunities. 
Sex-related job discrimination continues to be common and widely 
tolerated. Recognizing that a majority of women in the workplace face 
sexual harassment, several unions have sponsored an ongoing campaign 
against it.
    Women have much higher illiteracy rates than men. In addition, 
maternal mortality rates are high, at 192 per 100,000 live births, and 
as many as 65 percent of such deaths are related to poor medical care. 
Several groups work to improve conditions for women. One is Women for 
Democracy, which is active in civic and electoral education. Other 
groups include Sumando, an NGO that promotes educational reform policy 
and voter participation in elections; and SEFEM, which highlights such 
issues as women and public policy, women and social policy, 
participation of women in local development, and women in the Americas.
    Children.--The Constitution protects children's rights and 
stipulates that parents and the State should care for, feed, educate, 
and support children. The population is very young, with 41 percent 
under the age of 15, and 60 percent under age 20. Boys and girls are 
entitled to equal treatment in education and health care. The 
educational system does not provide adequately for the educational 
needs of the population. The Government recently made elementary school 
education compulsory through the seventh grade and plans to extend it 
through grade nine; however, it lacks the resources to implement these 
changes in practice. Statistics from the Ministry of Education and 
Culture indicate that some 35,000 children leave school each year, with 
only 60 percent of children finishing the sixth grade. In rural areas 
that figure can be as low as 3 percent, and female access to education 
is markedly lower than in urban areas.
    Abuse of children is a problem. According to the United Nations 
Children's Fund (UNICEF), 1 in 3 children (some 462,000) between the 
ages of 7 and 17 work, many in unsafe labor conditions. Recent studies 
indicate that 42 percent of these children began working by the age of 
8. According to a study by a local NGO, between 3,700 and 6,000 
children and adolescents work in thestreets of Asuncion. Many of these 
children suffer from malnutrition, lack of access to education, and 
disease. The typical workday extends from before 7:00 a.m., 
uninterrupted, until 5:00 p.m. The employers of some of the estimated 
11,500 young girls working as domestic servants or nannies deny them 
access to education and mistreat them. Employers sometimes file false 
charges of robbery against those who seek to leave domestic jobs and 
turn them over to the police. Children age 14 and older are treated as 
adults for purposes of arrest and sentencing. The Labor Code requires 
that domestic workers be paid at least 40 percent of the minimum wage, 
and allows them to work up to a 12-hour day. It is common practice for 
families who cannot afford to raise a given child to send him or her to 
relatives or colleagues, where the child may be expected to work in 
exchange for room, board, and access to education. Sometimes these 
children are abused by those charged with providing for them.
    Sexual exploitation is a problem, and of all the females who report 
being exploited sexually, 58.5 percent are 16 years old or younger (see 
Section 6.f.). According to the Attorney General's office, there are 
approximately 200 complaints per month regarding mistreatment and 
sexual abuse of minors. The Government has taken effective steps to 
combat the problem of baby trafficking (see Section 6.f.).
    The Government has ordered military officers responsible for 
recruiting to ensure that all conscripts meet the legally mandated age 
of 18 for military service. However, only 16 percent of those serving 
in 1999 met that requirement, and over 35 percent were age 15 or 
younger. There were frequent allegations that military recruiters 
forced underage youths to join units. The military took no significant 
disciplinary action against those responsible for underage recruits. 
Human rights groups and some military personnel confirm that poor 
families knowingly send underage children to the armed forces for the 
economic benefits.
    People with Disabilities.--The Constitution provides for equal 
opportunity for the disabled and mandates that the State provide them 
with health care, education, recreation, and professional training. It 
further requires that the state formulate a policy for the treatment, 
rehabilitation, and integration into society of the disabled. However, 
the Congress has never enacted legislation to establish such programs. 
Many persons with disabilities face significant discrimination in 
employment; others are unable to seek employment because of a lack of 
accessible public transportation. The law does not mandate 
accessibility for the disabled, and the vast majority of the nation's 
buildings, both public and private, are inaccessible to the disabled.
    Indigenous People.--The Constitution provides indigenous people 
with the right to participate in the economic, social, political, and 
cultural life of the nation. Nevertheless, the indigenous population, 
estimated at 75,000 to 100,000, is unassimilated and neglected. Low 
wage levels, long work hours, infrequent payment (or nonpayment) of 
wages, job insecurity, lack of access to social security benefits, and 
racial discrimination are common. Weak organization and lack of 
financial resources limit access by indigenous people to the political 
and economic system. Indigenous groups relied primarily upon 
parliamentary commissions to promote their particular interests. The 
Constitution also protects the property interests of indigenous people, 
but these rights still are not codified fully. The Constitution 
provides that Public Ministry officials may represent indigenous people 
in matters involving the protection of life and property.
    A lack of access to sufficient land hinders the ability of 
indigenous groups to progress economically and maintain their cultural 
identity. This is made worse by insufficient police and judicial 
protection from persons encroaching on their land. The Government's 
National Indigenous Institute (INDI) has the authority to purchase land 
on behalf of indigenous communities and to expropriate private property 
under certain conditions to establish tribal homelands. However, there 
have been significant allegations of wrongdoing within INDI, and in 
1997 a congressional human rights committee requested an accounting of 
INDI's land purchases and transfers. During the year, allegations of 
poor performance because of corruption continued, a previous INDI 
director was arrested for embezzlement, and three different persons 
served as director. Many indigenous people find it difficult to travel 
to the capital to solicitland titles or process the required 
documentation associated with land ownership.
    Significant problems facing the indigenous population are lack of 
education, malnutrition, lack of medical care, and economic 
displacement resulting from other groups' development and 
modernization. Scarce resources and limited government attention 
resulted in little progress in dealing with these problems.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution allows both private 
and public sector workers (with the exception of the armed forces and 
the police) to form and join unions without government interference. 
The Constitution contains several provisions that protect fundamental 
worker rights, including an antidiscrimination clause, provisions for 
employment tenure, severance pay for unjustified firings, collective 
bargaining, and the right to strike. Approximately 121,000, or 15 
percent, of workers are organized in approximately 1,600 unions.
    In general, unions are independent of the Government and political 
parties. One of the nation's three labor centrals, the Confederation of 
Paraguayan Workers (CPT), traditionally was aligned closely with the 
ruling Colorado Party, but these ties appear to be loosening. In March 
the largest labor union, the Central Worker's Party (CUT) was involved 
in the political demonstrations in front of Congress after the 
assassination of Vice President Argana. The CUT called for an 
indefinite work stoppage, accusing then-President Cubas and former 
General Oviedo of ordering the assassination. Union members were among 
those protesters shot and injured during the violent demonstrations.
    All unions must be registered with the Ministry of Justice and 
Labor. The registration process is cumbersome and can take several 
months. Employers who wish to oppose the formation of a union can delay 
union recognition further by filing a writ opposing it. However, 
virtually all unions that request recognition eventually receive it. 
The Constitution provides for the right to strike, bans binding 
arbitration, and prohibits retribution against strikers and leaders 
carrying out routine union business, a prohibition often violated by 
employers. Voluntary arbitration decisions are enforceable by the 
courts, but this mechanism still is employed rarely. Senior Labor 
Ministry officials are available to mediate disputes.
    The International Labor Organization (ILO) Committee of Experts has 
noted deficiencies in the application of certain conventions ratified 
by the Government. These include conventions dealing with minimum wage 
fixing machinery, abolition of forced labor, minimum age of employment, 
freedom of association, equal remuneration, and employment policy.
    There were numerous strikes by members of all three worker centrals 
and smaller unions. Many of these were related to the firing of union 
officials, management violations of a collective contract, management 
efforts to prevent the free association of workers, or demands for 
benefits such as payment of the minimum wage or contributions to the 
social security system.
    Unions are free to form and join federations or confederations and 
affiliate with and participate in international labor bodies.
    b. The Right to Organize and Bargain Collectively.--The law 
provides for collective bargaining. The number of negotiated collective 
contracts continued to grow; at year's end, there were close to 100. 
However, they were still the exception rather than the norm in labor-
management relations and typically reaffirmed minimum standards 
established by law. When wages are not set in free negotiations between 
unions and employers, they are made a condition of individual offers of 
employment.
    The Constitution prohibits antiunion discrimination; however, the 
firing and harassment of some union organizers and leaders in the 
private sector continued. Union organizers sometimes are incarcerated 
for their role in leading demonstrations. For example, in 1998 the 
authorities jailed six union members accused of leading bus drivers in 
a demonstration. Fired union leaders can seek redress in the courts, 
but the labor tribunals have been slow to respond to complaints and 
typically favored business in disputes. The courts are not required to 
order thereinstatement of workers fired for union activities. As in 
previous years, in some cases where judges ordered the reinstatement of 
discharged workers, the employers disregarded the court order with 
impunity. There are a number of cases in which trade union leaders, 
fired as much as 5 years earlier, have not yet received a decision from 
the courts.
    The failure to meet salary payments also frequently precipitated 
labor disputes. Principal problems included bottlenecks in the judicial 
system and the inability or unwillingness of the Government to enforce 
labor laws. There were also complaints that management created parallel 
or ``factory'' unions to compete with independently formed unions. 
There were several cases of workers who chose not to protest because of 
fear of reprisal or anticipation of government inaction.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced labor, including that performed by children; however, cases of 
abuse of national service obligations occurred. There were reports of 
conscripts forced to work as servants or construction workers for 
military officers in their residences or privately owned businesses. 
There also were allegations of forced conscription of underage youths 
(see Section 5). Apart from the abuse of national service obligations, 
the authorities appear to enforce the law effectively.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Director General for the Protection of Minors in the 
Ministry of Justice and Labor is responsible for enforcing child labor 
laws. The law prohibits forced or bonded labor by children, and 
generally is enforced effectively; however, there were allegations of 
forced conscription of underage youths (see Sections 5 and 6.c.). 
Minors between 15 and 18 years of age may be employed only with 
parental authorization and cannot be employed in dangerous or unhealthy 
conditions. Children between 12 and 15 years of age may be employed 
only in family enterprises, apprenticeships, or in agriculture. The 
Labor Code prohibits work by children under 12 years of age, and all 
children are required to attend elementary school through the seventh 
grade. However, in practice many thousands of children, many of them 
younger than 12 years of age, may be found in urban areas engaged in 
informal employment such as selling newspapers and sundries, shining 
shoes, and cleaning car windows. According to UNICEF, one in three 
children between the ages of 7 and 17 work, many in unsafe conditions 
(see Section 5). In rural areas, it is not unusual for children as 
young as 10 years of age to work beside their parents in the field. 
Local human rights groups do not regard families harvesting the crop 
together as an abuse of child labor.
    e. Acceptable Conditions of Work.--The executive, through the 
Ministry of Justice and Labor, has established a private sector minimum 
wage sufficient to maintain a minimally decent standard of living for a 
worker and family. Theoretically, the minimum salary is adjusted 
whenever annual inflation exceeds 10 percent and was approximately $179 
(591,444 guaranies) per month at year's end. However, the Ministry is 
unable to enforce the minimum wage, and most analysts agree that 50 to 
70 percent of workers earn less than the decreed minimum.
    The Labor Code allows for a standard legal workweek of 48 hours (42 
hours for night work), with 1 day of rest. The law also provides for an 
annual bonus of 1 month's salary and a minimum of 6 vacation days a 
year. The law requires overtime payment for hours in excess of the 
standard, but many employers violate these provisions. There are no 
prohibitions on excessive compulsory overtime. Workers in the transport 
sector routinely stage strikes to demand that their employers comply 
with the Labor Code's provisions on working hours, overtime, and 
minimum wage payments.
    The Labor Code also stipulates conditions of safety, hygiene, and 
comfort. The Ministry of Justice and Labor and the Ministry of Health 
did not enforce these provisions effectively, due in part to a lack of 
inspectors and other resources. In 1997 the Ministry sponsored the 
reconvening of a tripartite group of government, labor, and employers 
in an effort to update the labor inspection manual, which was severely 
outdated. In addition to updating the labor manual, the program 
expanded transparency in the labor inspection process.
    Workers have the right to remove themselves from situations that 
endanger health or safety without jeopardy to their continued 
employment, but they may not do so until such conditions are recognized 
formally by the Ministries of Justice and Labor and Health. Although 
there are laws intended to protect workers who file complaints about 
such conditions, many employers reportedly took disciplinary action 
against them.
    f. Trafficking in Persons.--There are no laws specifically 
addressing trafficking in persons, but the Constitution proscribes 
slavery, personal servitude, and trafficking in persons. The Penal Code 
contains provisions prohibiting compelling persons to travel to or from 
the country for purposes of prostitution, compelling a minor under 18 
years of age to serve as a prostitute, and pandering for a prostitute. 
There were unconfirmed reports in Brazil of trafficking in women and 
girls from Paraguay for purposes of prostitution. Other than that, 
there were no reports of trafficking of persons in, to, or from the 
country.
    The Government has taken effective steps to combat the problem of 
baby trafficking. The Penal Code criminalizes the act of compelling a 
child's parent or legal guardian to give up a child for adoption or 
relocation to another family. In 1995 the Government enacted a 
moratorium on international adoptions, but in September 1997 began to 
allow them again on a case-by-case basis depending on the nationality 
of the prospective parents.
                                 ______
                                 

                                  PERU

    Peru is a multiparty republic with a dominant executive branch that 
often uses its control of the legislature and the judiciary to the 
detriment of the democratic process. President Alberto Fujimori won a 
second 5-year term in 1995, at which time his party also won a 
controlling majority in the unicameral Congress. The Constitutional 
Tribunal has not functioned effectively since 1997, when Congress 
removed three of its members for opposing an interpretation of a law 
that permitted President Fujimori to run for a third consecutive term. 
On December 27, Fujimori announced his candidacy to seek another term; 
on December 31, the National Elections Board (JNE) rejected 18 
challenges to his candidacy, ruling that he was eligible to run. The 
Constitution provides for an independent judiciary; however, in 
practice the judicial system is inefficient, often subject to 
corruption, and easily controlled by the executive branch.
    The police and military share responsibility for internal security; 
the National Intelligence Service (SIN) also plays a role in anticrime 
efforts. The capture or death of several remaining terrorist leaders 
marked continuing progress in eliminating the once great threat posed 
by the Sendero Luminoso (Shining Path) and Tupac Amaru Revolutionary 
Movement (MRTA) terrorist groups. The Government further reduced the 
extent of its emergency zones, which cover about 6 percent of the 
country and 5 percent of the population. Within these zones, certain 
constitutional protections are suspended. In the rest of the country, 
civilian authorities generally maintain effective control of the 
security forces. Nevertheless, the security forces remained responsible 
for serious human rights abuses, although fewer than in the previous 
year.
    The Government has implemented major economic reforms, transforming 
a heavily regulated economy into a dynamic, market-oriented one. The 
Government has eliminated controls on capital flows, prices, and trade. 
It has privatized most state enterprises but did not meet its target of 
selling those remaining by the end of 1999. Inflation remained in the 
single digits, and growth was expected to reach 3 percent, up from 0.3 
percent in 1998. Per capita gross domestic product is estimated at 
$2,500. Major exports include copper and other minerals, fishmeal, and 
textiles. The unemployment rate is estimated at 9.5 percent; 
underemployment remains around 45 percent. More than one-half of the 
economically active population work in the informal sector. The poor 
constituted 50 percent of the population in 1997, and some 15 percent 
of the population live in extreme poverty.
    The Government's human rights record was poor in several areas; 
abuses decreased in several areas, including abuses of the person, but 
serious problems remained, including protection of civil and political 
rights. The security forces were responsible for several extrajudicial 
killings and one disappearance. Security forces tortured, beat, and 
otherwise abused persons, and impunity remained a problem. Lack of 
accountability within the armed forces, particularly regarding 
counterterrorist operations, continued to be a problem. Overall prison 
conditions remained poor and were extremely harsh in maximum security 
facilities. Arbitrary arrest and detention, prolonged pretrial 
detention, lack of due process, and lengthy trial delays continued to 
be problems. The general inefficiency of the judicial system persisted, 
and it remained subject to executive influence. On July 8, the 
Government announced its withdrawal from the jurisdiction of the Inter-
American Court of Human Rights after the Court determined that the 
Government had failed to provide due process in the case of four 
Chileans convicted by a military tribunal of treason. The Court ruled 
on September 28 that the Government could not withdraw without 
renouncing the American Convention on Human Rights, and the Government 
stated that it would not comply with future Inter-American Court 
decisions, although it did comply in several pending cases. The 
Government inhibits freedom of speech and of the press. Efforts to 
ensure a compliant, uncritical press continued; journalists faced 
increased harassment and intimidation and practiced a great degree of 
self-censorship. There are some limits on freedom of assembly and some 
limits on freedom of movement in the emergency zones. Questions remain 
about the openness and fairness of the electoral process. In November-
December a team of pre-election observers from the National Democratic 
Institute for International Affairs and the Carter Center concluded 
that there were serious problems in the election environment, including 
the harassment of the press and intending candidates, inadequate 
opposition access to the media, and use of government resources to 
promote the current Government. The authorities at times hindered the 
operations of human rights monitors. Violence and discrimination 
against women were widespread. Violence against children and 
discrimination against the disabled, indigenous people, andracial and 
ethnic minorities remained problems. Labor advocates argue that labor 
laws and practices restrict collective bargaining rights. Child labor 
remained a serious problem.
    The office of the Defender of the People, or Human Rights 
Ombudsman, opened several new offices throughout the country. The ad 
hoc Pardons Commission continued to take applications from individuals 
claiming to have been jailed unjustly for terrorism or treason. The 
newly created Terrorism Division of the Supreme Court traveled to 
Ayacucho and dismissed 158 longstanding arrest warrants on terrorism 
charges.
    Police suspect that vigilante actions resulted in numerous beatings 
and other abuse, including the killing of at least one person.
    Sendero Luminoso terrorists were responsible for killings, torture, 
and numerous other abuses. MRTA terrorists were responsible for several 
killings.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There we no reports 
of politically motivated extrajudicial killings; however, there were 
five confirmed cases of extrajudicial killings.
    In January guards in the Yanamilla prison in Ayacucho beat inmate 
Pablo Pascual Espinoza to death after they reportedly found him 
drinking an alcoholic beverage. The authorities brought charges against 
two guards, Marco Espinoza Rivera and Marcial Pirez Yopla, and tried 
them under the 1998 antitorture law. The court sentenced Espinoza to 12 
years in prison and acquitted Pirez. The Supreme Court reviewed the 
cases and increased Espinoza's sentence to 15 years and ordered the 
lower court to undertake a judicial review of Pirez's case and 
sentence.
    In February two army officers were involved in the shooting of 
Demetrio Esteban Valencia in the city of Aucayacu. Esteban and Rosas 
Diego Espiritu were reportedly drinking beer in a local establishment 
when two unidentified men dressed in black entered, one of whom had 
drawn a pistol. Esteban reportedly attempted to disarm the man carrying 
the pistol and was shot and killed by an army lieutenant from a Tingo 
Maria unit. An investigation of the army personnel involved found both 
army officers innocent of wrongdoing because they were defending 
themselves.
    In September army lieutenant Edi Paredes Alegre allegedly shot and 
killed Juan Espinoza Rodriguez, who was returning late at night to his 
home in Pachitea, Huanuco. Espinoza's family filed a complaint of 
homicide to the Pachitea prosecutor, who brought formal charges against 
Paredes. By year's end, proceedings had begun against Paredes in a 
Pachita court.
    In November Tambo de Mora penitentiary inmate Esteban Minan Castro 
died after guards reportedly used tear gas to subdue him and put into 
solitary confinement after he had allegedly violated prison rules. 
Prison inmates told members of the Ombudsman's office that Minan had 
not committed any offenses and was healthy prior to being put into 
solitary quarters. The prison doctor testified that prison warden 
Alberto Gonzales Teves ordered him to send the body to a city hospital 
and to report that the inmate had been alive before leaving the prison. 
An NGO filed a formal complaint of torture and homicide against several 
prison officials, including Teves. By year's end, the case remained in 
the initial stage of investigation.
    In April Teobaldo Jaime Palacios Sanchez, an 18-year-old military 
recruit, died after military personnel allegedly beat him. He was 
admitted to the hospital and diagnosed with an acute respiratory 
infection and died on April 21. According to family members, Palacios 
died from mistreatment after he tried to escape the military 
installation. In addition, the family claims that Palacios' corpse had 
hematomas on different parts of his body. With legal support from an 
NGO, the family requested that the Public Ministry conduct an 
investigation of the cause of his death. The Human Rights Ombudsman 
also heard the family's complaint, and military officials undertook an 
investigation and awarded financial compensation to the victim's 
family. At year's end, the investigation continued.
    Human Rights Watch reported that nine soldiers and recruits died 
between January and April at military bases under unexplained 
orquestionable circumstances (see Section 1.c.). Local human rights 
NGO's were unable to verify this information.
    There continued to be reports that the security forces conscripted 
persons, using beatings and mistreatment that led in some cases to 
murder or suicide (see Section 1.f.).
    For example, in March 19-year-old Juan Salazar Cayetano died as a 
result of possible medical neglect during his mandatory military 
service. After Salazar left the military in December 1998 and was 
diagnosed with abdominal cancer, he claimed that his military superiors 
ignored his complaints of severe pain and responded by frequently 
beating him in the stomach. According to the Ministry of Health, 
Salazar died of a lung tumor.
    There continued to be a public perception that the armed forces 
operate with impunity in the war against terrorism.
    There were also reports of unexplained deaths of persons who were 
in police custody. In April police detained Adan Tito Mariluz Dolores 
for drinking in public and fighting with Willian Inga Mendoza (also 
known as ``Puma'') in Tingo Maria. According to a police report, police 
held both men for approximately 4 hours, after which Tito fled the 
police station still handcuffed. He was found in a nearby riverbed 10 
days later. An internal investigation against policemen Alferez Jose 
Chaves Core, Carlos Dias Calizaya, and Mario Coa Delgado recommended 
administrative disciplinary measures. Police have been unable to locate 
Willian Inga Mendoza to solicit his testimony. By year's end, the 
prosecutor had not completed his initial investigation of the incident.
    In June National Police officials detained Mario Clemente Guillen 
Mendez in the city of Chincha and held him in a local police station. 
When his wife arrived to inquire about the reason for her husband's 
arrest, police instructed her to return the next morning. When she did 
return, police informed her that her husband had confessed and hanged 
himself. Medical authorities from a nearby town performed an autopsy, 
concluding that the cause of death was asphyxiation. The autopsy also 
noted pancreatic hemorrhages. By year's end, the Chincha criminal court 
had brought charges of torture against policemen Edwin Alfredo Saravia 
Torres, Marco Antonio Carrasco, and Julian de la Cruz Huyarote.
    In July police detained Rony Machaca Flores in Juliaca, Puno, for 
reportedly insulting another citizen. National Police lieutenant Rolnad 
Bastidas ordered Machaca's detention for intent to commit murder. Later 
that evening police found Machaca dead in his cell after allegedly 
hanging himself. At year's end, the Human Rights Ombudsman's office and 
the National Prosecutor were reviewing the case.
    In December police detained Jose Antonio Palacios Garcia in Ica for 
not carrying proper identification. Two hours later police found 
Palacios dead in his cell. Family members claim that the police 
informed them that Palacios killed himself. Police later stated that he 
died while trying to escape. After an initial police investigation, the 
provincial prosecutor filed formal charges against Jorge Luis Gallegos 
Cornejo for the crime of aggravated homicide. Several other officers 
were charged with abuse of authority related to the death. By year's 
end, Gallegos Cornejo had been detained and judicial proceedings 
against him had begun.
    In August 1998 a court placed Felix Rojas Daza and Zozimo Campos 
Gamboa, the two police officers arrested for the 1998 extrajudicial 
killing of Willy Llerena Macedo, on 1-year's probation for failure to 
do their duty but acquitted them of Llerena's murder.
    In January the police officer charged with the December 1998 death 
of Carlos Orrellano Mallqui asked to have his case transferred to the 
military justice system. The police in Coris, Aija province, Ancash, 
had detained Arrellano Mallqui on suspicion of theft. On December 11, 
1998, the police took him to a local hospital; he had been shot in the 
head and suffered injuries consistent with having been beaten in the 
face, hands, knees, and testicles. Orrellano Mallqui died in the 
hospital 2 days later. On April 8, the provincial prosecutor asked for 
an extension to complete his investigation; by the end of the year, the 
Supreme Court had yet to decide whether the case should be held in 
civil or military courts.
    No progress has been made in the investigation of the four soldiers 
suspected of robbing and killing Genaro Julca Bula and Alberto Aponte 
in 1998. In November the departmental court in Ayacucho acquitted 
policeman Raymundo Gutierrez Rivero, the defendant in the 1998 case of 
torture that led to the death of Lucas Huaman Cruz. Despite convincing 
evidence to the contrary,the court apparently accepted the defense's 
assertion that Huaman's family, rather than Gutierrez, had tortured and 
beaten him to death. Attorneys representing the Huaman family and the 
Attorney General's office petitioned to have the acquittal annulled and 
the case retried before the Supreme Court. By year's end, their request 
was still pending.
    There were no developments in the case of Mariela Barreto, a 
military intelligence (SIE) agent whose dismembered and decapitated 
body was found in March 1997. The Human Rights Ombudsman's office 
interviewed former SIE agent Luisa Margarita Zanatta Muedas in 1998, 
but did not uncover additional evidence or take further action on the 
case since then. President Fujimori promised an exhaustive 
investigation into the matter in 1998, but neither the Public Ministry 
nor the police uncovered a motive or identified likely suspects.
    In May published photographs appeared to show former Second 
Lieutenant Ricardo Telmo Hurtado Hurtado presiding at a public function 
in uniform with the rank of major. Hurtado commanded the army unit 
responsible for the 1985 Accomarca massacre, in which more than 60 
persons were killed, many of them women and children. Although Hurtado 
admitted executing 25 to 30 peasants whom he believed were terrorists, 
the court ultimately convicted him only of ``abuse of authority'' and 
disobedience and acquitted all the other defendants. In 1993 the 
Supreme Military Council sentenced him to prison for 7 years for abuse 
of authority. Available evidence suggests that the army never 
officially dismissed Hurtado, despite the fact that the Military Code 
states that any conviction that entails a sentence of 2 or more years' 
imprisonment must result in the officer's immediate discharge. During 
the 8 years from the massacre to his final appeal in 1993, the army 
promoted Hurtado from second lieutenant to captain. Nonetheless, at 
year's end, the armed forces had not provided coherent answers 
regarding Hurtado's promotions or his standing in the army beyond 
maintaining that he was released from prison under the 1995 general 
amnesty.
    Police suspect that vigilante action resulted in at least one 
killing. For example, in September the tortured and strangled body of 
Guillermo Coa Mansanilla was found in one of Lima's poorer 
neighborhoods with a note that read, ``This is what happens to 
rapists'' (see Section 1.c.).
    Sendero Luminoso terrorists killed 51 persons, including 34 
civilians. According to information gathered by the Legal Defense 
Institute, the MRTA was responsible for nine deaths.
    b. Disappearance.--There was one report of a disappearance 
attributed to the security forces. On March 20, the police detained 19-
year-old Walter Munarriz Escobar on questionable theft charges, took 
him into custody, and beat him at the Licay police station in Angaraes, 
Huancavelica. Munarriz was never seen again. In April the provisional 
prosecutor brought formal charges against and ordered the detention of 
National Police captain Roberto Gastiaburu Nakada, Ensin Claudio 
Gutierrez Valasquez, and Adolfo Angeles Ramos. The prosecutor 
subsequently charged policemen Gunter Cuaresma Ramos and Percey 
Salvatierra Laura. By year's end, Gastiaburu and Angeles reportedly 
remained in reclusion in the San Fermin penal facilities in 
Huancavelica. Gutierrez Velasquez was under orders to appear in court. 
A penal court was still considering a counter motion filed by the 
policemen who accused the magistrate of being partial against them.
    In May the Government paid full compensation, as ordered by the 
Inter-American Court of Human Rights, to the family of Neira Alegria, 
who disappeared in 1986. At year's end, the Government still had not 
paid $245,000 in compensation to the family of Ernesto Rafael Castillo 
Paez, who disappeared after the police forcibly detained him in 1990, 
despite the Court's 1997 ruling that the Government had violated 
Castillo Paez's right to life, liberty, and personal integrity. The 
Court also had ordered the Government to punish those responsible and 
to return the victim's remains to his family; however, the Government 
had not done either by year's end.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the law prohibit torture and inhuman 
or humiliating treatment; however, in practice torture and brutal 
treatment of detainees by the security forces continued to occur. The 
Human Rights Ombudsman and NGO's believe that torture and the brutal 
mistreatment of detainees by the security forces continue to be 
widespread. Torture most often takes place during the period 
immediately following arrest and in the emergency zones. The incidence 
of torture is high during policedetention in part because families are 
prohibited from visiting suspects while they are held incommunicado, 
and attorneys have only limited access to them (see Section 1.d.).
    Such abuse is particularly common in police cells operated by the 
National Counterterrorism Directorate (DINCOTE) and in detention 
facilities on military bases where terrorism and treason suspects 
normally are held. Psychological torture and abuse, which result from 
the harsh conditions in which detainees are held, are more 
characteristic of the prisons. In emergency zones, which cover about 6 
percent of the country's territory and 5 percent of its population, 
certain constitutional protections are suspended.
    The Human Rights Ombudsman and NGO's reported more than a dozen 
cases of aggravated torture by security forces.
    In February Fabian Astete Fuente filed a complaint against police 
in the department of Tacna for allegedly detaining and beating him 
after intervening in an argument Astete was having with his wife. Local 
authorities dismissed his charges of abuse of authority against the 
police officers.
    On March 5, police in Huamanga, Ayacucho, detained 16-year-old 
Huber Mendez Barzola while carrying out an antigang operation. Although 
detained on suspicion of terrorism, the police later charged him with 
illegal possession of a gun, a metal chain weapon, and belonging to a 
criminal gang. Mendez alleged that, once in the police station, he was 
stripped naked, beaten, and sodomized with the metal chain weapon. On 
March 18, a judge opened an investigation into the alleged torture and 
ordered the detention of policemen Oscar Italo Flores Montanez and 
Carlos Palacios Soto. The two officers were charged with committing 
torture. William Saenz, another police officer, was charged with 
violating the public trust. In November the court found Palacios Soto 
and Flores Montanez guilty of torture, sentenced them each to 6 years 
in prison and fined them about $650 (2,000 soles). William Saenz was 
sentenced to 4 years in jail and fined about $150 (500 soles). At 
year's end, the cases were before the Supreme Court for final review.
    In March the National Police in Lima arrested and detained Pedro 
Tinta Vera on charges of aggravated terrorism. In his statement to the 
Human Rights Ombudsman's office, Tinta said that authorities had held 
him incommunicado for a month and tried to make him confess. Tinta 
accused policemen Domingo Arnaldo Gil, Guillermo Osorio, and Ricardo 
Loli of repeatedly beating him all over his body, hoisting him by his 
arms bound behind his back, and leaving his broken arm untreated for 10 
days. In October the provincial prosecutor formally charged the three 
policemen with the crime of torture and a judge ordered their arrest. 
By year's end, the case had not concluded.
    In April the parents of 18-year-old Antero Espinoza Alzamora filed 
a complaint that the police in the department of Piura had detained 
their son without judicial order and held him on arbitrary charges. The 
family alleged that police repeatedly beat and otherwise mistreated 
Espinoza. By year's end, the local prosecutor was still investigating 
these charges.
    In June police in Huamachuco allegedly detained brothers Catalino 
Daga Ruiz and Bernardo Daga Ruiz on suspicion of robbery. The two men 
claim that police beat them and then took them to a cemetery and buried 
both of them up to their necks. The police then allegedly took the men 
back to the police station where they beat them again. By year's end 
both men filed a formal complaint of torture and illegal entry, and the 
case remained in pretrial proceedings.
    Investigations and judicial proceedings on charges of torture or 
abuse of authority against members of the National Police continued in 
several of the following cases: Jesus Natividad Roman Portocarrero, 
arrested in Piura in March; Mario Jimenez Roque, arrested in Pasco in 
April; Julio Armando Uribe, arrested in Moquergua in July; Moises Pacco 
Mayhua, arrested in Puno in August; and Victor Valle Cabello, detained 
in Pasco in September.
    In December 1998, personnel from the Aguaytia Naval Base, located 
in the Amazon basin, detained and assaulted Miguel Andahua. After 
several days, they turned him over to police with a signed confession 
that he was a terrorist and a medical report attributing his numerous 
injuries to an automobile accident. In addition to severe beatings and 
electric shocks, naval personnel allegedly sodomized Andahua repeatedly 
with a wooden baton. Police released Andahua and absolved him of any 
terrorist links. A special prosecutor charged several naval officials 
under the antitorture law. However, the court issued an arrest warrant 
against Julio Spencer Guido Davalos, on a much lesser charge of 
committing bodily harm. Notwithstanding thewarrant, the Aguaytia Naval 
Base and naval authorities refused to cooperate with civil authorities 
and Guido remained at large. In October the Supreme Court ruled that 
the civil courts had jurisdiction. The authorities arrested Guido, 
charged him with violating the 1998 antitorture statute, and released 
him for the duration of the civil proceedings, which were still 
underway at year's end.
    In addition to beatings, common methods of torture and other 
inhuman or degrading treatment included electric shock, water torture, 
asphyxiation, and the hanging of victims by a rope attached to hands 
tied behind the back, and, in the case of female detainees, rape. 
Common forms of psychological torture included sleep deprivation and 
death threats against both detainees and their families. Interrogators 
frequently blindfolded their victims during torture to prevent them 
from identifying their abusers. The Government did take action during 
the year to investigate and prosecute security force personnel charged 
with torture; however, impunity persisted to some degree. During the 
year several officers were charged under the 1998 antitorture law. 
However, of the several sentences handed down under the 1998 torture 
law, most have been overturned on appeal.
    There were continued reports of beatings and mistreatment on army 
bases of youths who volunteered or were conscripted for military 
service (see Section 1.f.). For example, 18-year-old recruits Jaime 
Palacios Sanchez and Elvis Lopez Tuya were caught while trying to 
escape from Fort Coloma in Tumbes. A group of soldiers allegedly held 
them naked for 2 days and later beat them; Palacios Sanchez died as a 
result of the beating (see Section 1.a.).
    In April Carlos Yauri began his military service in Tumbes and 
received a full medical clearance. However, in August an army medical 
examination indicated that Yauri was suffering from mental illness, 
even though he had originally been admitted to the base hospital for 
tuberculosis. Army medical personnel also reportedly failed to note 
that the recruit had suffered massive blows to the head. With the 
support of a local NGO, the Huaraz province prosecutor investigated and 
requested that the military prosecutor expedite an investigation into 
the case. At year's end, army officials had not acted on this request.
    In November 1998, Julio Asencios Vargas, a military recruit serving 
in an army unit in Huaraz was allegedly beaten with a rifle butt and 
lost an eardrum. The army conducted an administrative investigation and 
found Sergeant Robert Figueroa Sarmiento guilty of aggravated assault. 
The army also provided a financial settlement to the victim.
    The police used a water cannon and tear gas to disperse protesters 
in June (see Section 2.b.).
    No progress was made in the case of the 1998 beating and torture of 
Pablo Waldir Cerron Gonzalez by policeman Elmer Perez Arnao. In October 
a penal court acquitted a policeman in the 1998 case of torture that 
led to the death of Lucas Huaman Cruz (see Section 1.a.). In the same 
month, the Supreme Court began a review of the case. In November the 
Supreme Court prosecutor filed a motion to nullify the Ayacucho court's 
decision; at year's end, the Supreme Court had decided to hear 
arguments on the case.
    In the 1997 case of Leonor La Rosa, a military intelligence officer 
who was beaten and tortured by four of her colleagues (and who now 
resides in Sweden), the Supreme Council of Military Justice awarded La 
Rosa approximately $1,500 (5,250 soles) as an indemnity. La Rosa's 
attorney considered the amount seriously inadequate, since she is a 
paraplegic as a result of the torture. The Inter-American Court of 
Human Rights was reviewing La Rosa's case when the Government announced 
its withdrawal from the Court's jurisdiction (see Section 4). By year's 
end, it remained unclear whether the Government would comply with the 
Court's decision.
    In response to terrorism in the 1980's and early 1990's, many 
communities organized self-defense committees. Terrorism is no longer a 
serious threat in most areas and self-defense committees seek to deter 
crime. Committees patrol their communities nightly and regularly 
apprehend criminals in the act. Committee members sometimes administer 
vigilante justice before turning the suspect over to police.
    There continued to be credible reports that Sendero Luminoso was 
also responsible for acts of torture, including cases that resulted in 
death (see Section 1.a.).
    Prison conditions continued to be poor and were extremely harsh in 
maximum security facilities, especially those operating at high 
altitudes. Low budgets, severe overcrowding, lack of sanitation, and 
poor nutrition and health care continued to be serious problems within 
the prison system. Prisoners were victimized routinely by both prison 
guards and fellow inmates. Corruption continued to be a serious problem 
among poorly paid prison guards, many of whom were implicated in sexual 
abuse, blackmail, extortion, narcotics and weapons sales, and the 
acceptance of bribes in exchange for favors that ranged from providing 
a mattress to arranging an escape. Since prison authorities do not 
supply adequate bedding and budget only about $0.75 (2.5 soles) per 
prisoner per day for food, the families of prisoners typically must 
provide for these basic needs. In high-security prisons, female inmates 
are allowed to see their children only once a week. However, in prisons 
that house only common criminals, such as Lima's Chorrillos women's 
prison, children 3 years of age and younger live with their jailed 
mothers.
    Overcrowding and inadequate infrastructure continued to hamper 
efforts to improve the living conditions of prison inmates. At Lima's 
Lurigancho men's prison, the country's largest, more than 6,000 
prisoners live in a facility built for 1,500. Inmates have only 
intermittent access to running water; bathing facilities are 
inadequate; kitchen facilities are unhygienic; and prisoners sleep in 
hallways and common areas due to lack of cell space. Illegal drugs are 
abundant in many prisons, and tuberculosis and AIDS are reportedly at 
near-epidemic levels. Detainees held temporarily while awaiting 
arraignment at Lima's Palace of Justice are not allowed outside for 
fresh air and have restricted access to bathrooms.
    In November the Human Rights Ombudsman published a report on prison 
conditions and administration, which highlighted many serious 
shortcomings, including a shortage of trained medical personnel, spotty 
legal representation for prisoners, and insufficient numbers of social 
workers. The Ombudsman's staff visited 44 of the country's 86 prisons, 
which account for 80 percent of the country's total prison population 
of approximately 28,000 inmates. The Government employs 50 lawyers to 
service the prison system; since 65 percent of the prisoners have been 
charged but not convicted, the penal system's legal resources fell far 
short of demand. The system employs 81 social workers and 84 
psychologists, which the Ombudsman judged to be woefully inadequate. 
Medical staff for the entire penal system consisted of 44 doctors and 
80 nurses. In 47 of the 86 prison facilities, there were no health care 
services; of the remaining facilities, 20 were staffed by doctors and 
nurses, 18 with only nurses, and 4 with only doctors. The Ombudsman 
noted that the operating philosophy in the prison system is one of 
punishment rather than rehabilitation. Roughly half of all prisoners 
performed some form of work, and only 28 percent participate in some 
kind of educational activity.
    According to human rights monitors, the Challapalca prison in 
Tarata, Tacna, seriously violates international norms and standards, 
particularly with respect to its isolation and high altitude. Located 
at an altitude of about 14,000 feet, Challapalca's freezing 
temperatures and oxygen-thin air have unavoidably negative effects on 
prisoner health. Moreover, since the prison can be reached only after 
an all-night bus ride from the nearest population center, most families 
can visit their jailed relatives only rarely. Hospital care is 8 hours 
away by overland transportation. Face-to-face consultations by inmates 
with their attorneys are rare. To relieve some of the isolation, the 
International Committee of the Red Cross (ICRC), and to a lesser extent 
the Government, fund a monthly visit to Challapalca by families of its 
inmates. In 1998 the International Federation of Human Rights, as well 
as visiting members of the Inter-American Commission on Human Rights 
(IACHR) and the Ombudsman, called on the Government to shut down 
Challapalca.
    There were a number of protests and hunger strikes in various 
prisons, including the high security prisons at the Callao Naval 
Station and Yanamayo. In September MRTA prisoners at Callao staged a 
hunger strike to protest their isolation; the strike lasted 30 days.
    The Government permits prison visits by independent human rights 
monitors, including the ICRC. However, representatives of the Human 
Rights Ombudsman were not granted access to the military prisons (see 
Section 4). During the year, the ICRC performed 748 jail visits, 
interviewed 1,253 inmates, and visited seven prisoners in custody at 
the maximum security naval base facility in Callao every 2 months.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention remain problems. The Constitution, Criminal Code, and 
antiterrorist statutes delineate the arrest and detention process. The 
Constitution requires a written judicial warrant for an arrest unless 
the perpetrator of a crime is caught in the act. However, the Organic 
Law of the National Police permits the police to detain a person for 
any investigative purpose. Although the authorities must arraign 
arrested persons within 24 hours, they often violate this requirement. 
In cases of terrorism, drug trafficking, or espionage, arraignment must 
take place within 30 days. Military authorities must turn over persons 
they detain to the civilian police within 24 hours; in remote areas of 
the country this must be accomplished as soon as practicable. However, 
the military often disregards this requirement.
    The Government suspends certain constitutional protections in the 
emergency zones where, for example, security forces do not need an 
arrest warrant in order to detain a suspect. Police may detain 
terrorism and treason suspects for a maximum of 15 days, and hold them 
incommunicado for the first 10 days. Treason suspects, who are handed 
over automatically to military jurisdiction, may be held incommunicado 
for an additional 30 days. The authorities prohibit families from 
visiting suspects being held incommunicado, and attorneys have access 
to them only during the preparation and giving of sworn statements to 
the prosecutor.
    By year's end, the Government took action on the recommendations 
the Human Rights Ombudsman made in 1998 to resolve the cases of an 
estimated 5,228 individuals still subject to detention orders, many of 
whom were forced against their will to participate in terrorist 
activities during the internal conflict or were accused falsely of 
links with terrorist groups. A group from the special terrorism 
division of the Superior Court went to Ayacucho and dismissed 179 of 
the standing arrest warrants. In 1998 the Ombudsman had called on the 
Government to rescind all outstanding detention orders that were more 
than 5 years old and to cancel all orders that did not comply with 
legal specifications.
    The Ombudsman also had asked that the ad hoc Pardons Commission be 
authorized to evaluate any remaining cases and to recommend that the 
President revoke those detention orders where insufficient evidence 
existed that the individuals in question either committed terrorist 
acts or were associated with terrorist groups. By year's end, 3,225 of 
the 3,878 persons accused of these crimes have applied for clemency, 
and 535 have received the Commission's recommendation for pardon. Since 
1998 there have been 48 recommendations for new pardons pending before 
the President. During the year, he pardoned 23 persons convicted of 
terrorism, bringing the total of terrorism or treason convicts pardoned 
and released to 481 (see Section 1.e.) Detainees have the right to a 
prompt judicial determination of the legality of their detention and 
adjudication of habeas corpus petitions. However, according to human 
rights attorneys, judges continued to deny most requests for such 
hearings. In Lima and Callao, detainee petitions for habeas corpus are 
restricted severely, because under a 1998 executive branch decree 
issued as part of the war on crime, only 2 judges are able to hear such 
petitioners, instead of the 40 to 50 in previous years, thereby 
significantly delaying justice. Judges rarely allow the unconditional 
release of suspected terrorists, even if there is insufficient evidence 
to bring a case against them, despite 1993 amendments to antiterrorism 
laws that gave lower court and superior court judges the power to do 
so. As a result, accused terrorists sometimes must wait until their 
cases have been reviewed and dismissed by the Supreme Court before they 
are freed. This process can last more than a year.
    As of November, figures from the National Penitentiary Institute 
(INPE) showed that 65 percent of a total prison population of 28,081 
had been sentenced. Over 50 percent of the prison population remained 
in Lima; of these prisoners, 74 percent remained unsentenced. In 1998 
the Catholic Bishops' Social Action Commission (CEAS) called for 
implementation of a system that would allow detainees to post bail, so 
that first-time offenders would not have to wait in jail for their 
trials. According to the INPE, the elapsed time between arrest and 
trial in civil, criminal, and terrorism cases averages between 26 and 
36 months. Those tried by military courts on treason charges generally 
do not have to wait more than 40 days for their trial; however, since 
trial procedures in military courts are largely devoid of due process 
protections, the speed with which trials are concluded offers little 
benefit to the defendants involved. Once trials have concluded, 
prisoners continue to have to wait long periods before receiving copies 
of their sentences.
    According to two human rights organizations, police routinely 
detain persons of African descent on suspicion of having committed 
crimes, for no other reason than the color of their skin, and rarely 
act on complaints of crimes against blacks (see Section 5).
    In November 1997, the authorities charged eight human rights 
lawyers with terrorism and treason for having defended Sendero Luminoso 
terrorists in military courts. This group included Sendero Luminoso 
founder Abimael Guzman's defense attorney Luis Ramon Landaure. The 
military courts absolved all eight defendants of treason and sent them 
to be tried for terrorism in the civilian courts. The authorities 
arrested them in May, but a court acquitted them in September of the 
terrorism charges.
    The Constitution does not permit exile, and the Government respects 
this prohibition.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, in practice the judiciary is 
inefficient, subject to corruption, and easily controlled by the 
executive branch and the private sector. As a result, public confidence 
in the judiciary remains low. In 1993 the Government created an 
executive commission of the judicial branch and an executive commission 
of the Public Ministry for a 5-year period, ostensibly to carry out 
judicial reform. The commissions consist of individuals the President 
appointed, and who regularly rule in favor of the Government, 
compromising the independence of the judicial system. In December 1998, 
both commissions were extended until December 2000. The judicial reform 
process has produced some successes, including administrative, 
technical, and organizational improvements such as computerization of 
files and improved work areas for judges and magistrates. Reforms also 
established quicker and less expensive procedures and better salaries 
for judges. The new Extrajudicial Conciliation Law, which originally 
was to have made conciliation a mandatory first step in most civil 
cases by January 2000, is scheduled to make conciliation obligatory 
beginning January 14, 2001. Before that date, the executive could start 
the implementation of the law in Lima, Arequipa, and Trujillo.
    However, little has been done to restore the judiciary's 
independence from the executive, and these administrative and 
procedural improvements have been overshadowed by the lack of a fully 
functioning Constitutional Tribunal; the curtailment of the authority 
of the National Judiciary Council to investigate, discipline, and 
remove judges; the continuing large number of provisional judges in the 
court system; and the transfer of jurisdiction of sensitive cases to 
courts more inclined to rule in the Government's favor.
    Of the country's 1,686 civilian judges, only 20 to 30 percent have 
permanent appointments and have been selected independently. The 
remainder, including 21 of the 36 superior judges of the Supreme Court, 
have provisional or temporary status. Critics charge that, since these 
judges lack tenure, they are more susceptible to outside pressures. The 
Government's reliance on untenured, provisional, and temporary judges 
was demonstrated when the executive commission of the judicial branch 
created two specialized chambers of the Supreme Court. These chambers, 
staffed by provisional and temporary judges, assumed control over tax, 
customs, and narcotics crimes previously under the jurisdiction of the 
tenured judges of the Lima superior court. This enabled the Government 
to supervise closely such cases as that of Baruch Ivcher (see Section 
2.d.), his family and associates, and of Jaime Mur (a fraud case 
dismissed in 1998) to ensure decisions favorable to the Government. 
Critics also point to occasions when judges or prosecutors who ruled 
against the Government's interests have been transferred and replaced 
by new judges who immediately overruled the previous decisions (see 
Section 2.a.).
    There is a three-tier court structure that consists of lower and 
superior courts and a Supreme Court of 33 judges. The Constitutional 
Tribunal rules on the constitutionality of congressional legislation 
and government actions; the National Judiciary Council tests, 
nominates, confirms, evaluates, and disciplines judges and prosecutors; 
and the Judicial Academy trains judges and prosecutors. The Government 
has in recent years taken action to limit the independence of the 
Constitutional Tribunal. By year's end, Congress still had not taken 
any steps to replace the three judges ousted from the Constitutional 
Tribunal after they voted against application of a law allowing 
President Fujimori a third term. This effectively paralyzed the court's 
ability to rule on any constitutional issues for lack of a quorum (see 
Section 3).
    The justice system generally is based on the Napoleonic Code. In 
civilian courts criminal cases move through three distinct phases. 
First, in a lower court a Public Ministry prosecutor investigates cases 
and submits an opinion to the examining judge, who determines whether 
there is sufficient evidence to issue an indictment. If there is, the 
judge conducts all necessary investigations and prepares and delivers a 
case report to the superior court prosecutor. Second, the superior 
court prosecutor reviews the lower court decision to determine if 
formal charges should be brought and renders an advisory opinion to 
another superior court, where a three-judge panel holds an oral trial. 
All criminal case convictions in civilian courts must proceed to a 
third phase, where the Supreme Court hears appeals and confirms or 
rejects the previous sentences. All defendants have the right to be 
present at their trial. Defendants also have the right to counsel. 
However, a public defender system exists in name only; the judicial 
system often fails to provide indigent defendants with qualified 
attorneys.
    Under the military justice system, judges in the lower courts have 
the power to sentence and are required to pass judgment within 10 days 
of a trial's opening. Defendants may then appeal their sentences to the 
Superior Military Council, which has 10 days to make its decision. A 
final appeal may be made to the Supreme Council of Military Justice, 
which must issue its ruling within 5 days. At the superior military 
council and supreme council levels, a significant number of judges are 
active-duty line officers with little or no professional legal 
training.
    Human rights groups and legal experts strongly criticize the power 
of the military courts to try civilians in cases of treason or 
aggravated terrorism and the powerlessness of the civilian judicial 
system to review military court decisions. In 1997 Gustavo Adolfo Cesti 
Hurtado, an insurance broker who had retired from military service 13 
years earlier, was arrested, prosecuted, convicted, and sentenced to 
prison by the military justice system in a complicated case involving, 
in part, alleged insurance fraud in a military purchase of helicopters. 
When a civilian court approved a habeas corpus petition and ordered the 
military court to release Cesti, the military jurisdiction not only 
refused to do so but also charged the civilian judges with usurpation 
of power and sought to have them reassigned. The case was brought 
before the Inter-American Court of Human Rights, which rejected a 
government motion to dismiss it, and ruled in September that the 
Government had violated the American Convention on Human Rights and 
ordered that the habeas corpus petition be honored and that the 
reparations stage be initiated in order to compensate the victim. In 
November the authorities released Cesti from military prison; however, 
at year's end, Cesti's legal status remained unresolved, pending a 
request from the Government to the Inter-American Court for further 
clarification of its ruling.
    In 1998 President Fujimori issued a series of decrees that 
classified acts of extreme violence such as criminal gang activity, 
homicide, kidnaping, and the use of explosives as aggravated terrorism, 
to be tried automatically by the military courts in accelerated 
proceedings with possible maximum penalties of life imprisonment. The 
Government also created the National Intelligence Directorate for 
Social Peace and Safety, which increased further the anticrime role of 
the National Intelligence Service.
    While simple terrorism cases are tried in civilian courts, cases of 
aggravated terrorism and treason are tried only before military courts. 
Human rights groups and legal experts also charge that the vaguely 
worded definitions of certain crimes in the antiterrorism statutes 
often lead military judges to issue sentences disproportionate to the 
crimes committed. Moreover, defendants in treason cases who are found 
not guilty by a military court may be remanded to a civilian court for 
a second trial on terrorism charges based on the same facts. In 
December the Congress passed legislation which classified cases of 
aggravated terrorism as ``special terrorism'' and assigned jurisdiction 
over such crimes to the civilian courts. Additionally, in the case of 
American citizen Lori Berenson, who was tried by a military tribunal 
without due process rights that would have been afforded her in a 
civilian court, the Prime Minister indicated in a December 14 
television interview that the Government had not foreclosed the 
possibility of a civilian trial if it were warranted by previously 
unconsidered evidence.
    Proceedings in these military courts--and those for terrorism in 
civilian courts--do not meet internationally accepted standards of 
openness, fairness, and due process. Military courts hold treason 
trials in secret, although such secrecy is not legally required. 
Defense attorneys in treason trials are not permitted adequate access 
to the files containing the State's evidence against their clients, nor 
are they allowed to question police or military witnesses either before 
or during the trial. Somemilitary judges have sentenced defendants 
without even having notified their lawyers that the trials had begun. 
Since 1992 military courts tried 1,897 persons charged with treason or 
aggravated terrorism. Of these cases, the courts handed down 409 life 
sentences, imposed 1,032 sentences between 10 and 35 years in prison, 
remitted 408 cases to civilian courts for trial on terrorism charges, 
and absolved 48 persons. Since May 1998, the military courts tried 283 
civilians for violent crime classified under a 1998 law as aggravated 
terrorism. Of these, the courts imposed 66 life sentences, remitted 62 
cases to civilian courts, and absolved 20 persons; the remainder 
received sentences from 6 to 25 years in prison.
    In July the military captured Sendero Luminoso leader Oscar Ramirez 
Durand (also known as ``Feliciano'') and tried him in secrecy in August 
at the Callao Naval Prison on charges of aggravated terrorism. On 
November 18, the court sentenced him to life in prison.
    The Constitutional Tribunal remains unable to rule on the 
constitutionality of legislation and government actions for lack of a 
quorum, since the 1997 impeachment and conviction of three justices who 
voted against the application of a law that allowed President Fujimori 
to run for a third term in office. The Government ignored an IACHR 
recommendation that the three justices be reinstated. The case is 
pending before the Inter-American Court of Human Rights, although the 
Government's unilateral withdrawal from the Court's ``contentious 
jurisdiction'' (i.e., when a member government accepts its rulings as 
mandatory) raises questions as to whether it would comply with an 
adverse ruling.
    The National Judiciary Council (NJC), established by the 1993 
Constitution has lost many of its original functions. A March 1998 law 
transferred the power to investigate and dismiss Supreme Court judges 
and prosecutors from the formerly independent NJC to the executive 
commissions of the judicial branch and the Public Ministry, 
respectively, both of which are controlled by strong allies of 
President Fujimori. Critics point to this action as a further example 
of executive branch control of the judiciary. A September 1998 law 
partially restored the NJC's powers, while leaving the Public Ministry 
in charge of determining whom the NJC could investigate. In June the 
President of the NJC resigned over differences with his colleagues 
after he argued for a more active NJC role. His resignation also 
protested the Government's unilateral withdrawal from the Inter-
American Court's contentious jurisdiction.
    The NJC also has the power to nominate new judges and magistrates. 
However, it is unable to fulfill this mandate until the first class 
graduates from the new National Judicial Academy in July 2000. The 
Academy continued its in-service training program for judges and 
magistrates, which consists of a few hours of classes each week during 
the first year, and practical training during the second. The Academy's 
training program, originally scheduled to last 6 months but later 
extended to 2 years, was strongly criticized as further prolonging 
reliance on provisional and temporary officials.
    On June 1, the Inter-American Court of Human Rights ruled against 
the Government in the case of four Chileans who were convicted of 
treason by a military tribunal and sentenced to life in prison. The 
Court found that the military had denied the defendants' due process 
provided for under the American Convention on Human Rights. The Court 
ruled that a civilian court should have had jurisdiction; that military 
authorities held the suspects too long in pretrial detention; and that 
defense attorneys lacked access to witnesses and evidence and did not 
have sufficient time to review the case. The Court directed the 
Government to provide the four with new, civilian trials.
    Immediately following the Court's decision, the executive branch 
announced that it would not comply with the ruling and made clear its 
intention not to hold new trials for the Chilean defendants. 
Subsequently, the Supreme Court delegated to the Supreme Military 
Council the final decision regarding enforcement of the Court's 
decision. The Council ruled that it could not grant the Chileans new 
civilian trials because laws passed after signing the Convention 
required military trials in cases of treason and aggravated terrorism. 
President Fujimori and his Cabinet promptly endorsed the Council's 
decision not to comply with the Court decision. Despite protests from 
the opposition and the legal and human rights communities in July, the 
Congress passed a law that called for the Government's immediate 
withdrawal from the Court's contentious jurisdiction.
    On September 28, the Court ruled that the Government could not 
withdraw immediately from the Court's contentious jurisdiction,and 
stated that it would continue to process pending cases. The Government 
responded that it considered itself outside the Court's contentious 
jurisdiction. Public and official statements by government officials 
raised questions regarding the extent to which the Government would 
comply with pending and future Inter-American Court decisions. This 
decision effectively restricted citizens' constitutional rights to seek 
redress in the hemisphere's preeminent international tribunal.
    In the civilian jurisdiction, a specialized terrorism division of 
the Superior Court began trying cases in 1998. The division is based in 
Lima, but its judges travel to the provinces as needed. During the 
year, judges from this court traveled to Ayacucho to hear the cases of 
158 individuals with old warrants outstanding for terrorism charges. Of 
these, judges found 24 persons innocent and ordered the suspension of 
all 158 warrants. In December 21 additional individuals with old 
warrants were also found innocent by this specialized Superior Court, 
bringing the total to 179 warrants dismissed. Human rights NGO's and 
the Human Rights Ombudsman noted that this action addressed the 
concerns of those who considered themselves innocent but feared coming 
forward for an abbreviated and unfair trial. However, over 5,000 
warrants still remain in effect.
    In 1996 Congress established the ad hoc Pardons Commission, which 
consisted of the Human Rights Ombudsman as chairman, the Minister of 
Justice, and President Fujimori's representative, Father Hubert 
Lanssiers. The Commission's mandate was to consider applications of 
those who believed themselves to be unjustly accused of terrorism or 
treason. At year's end, 3,056 of a total of 3,878 persons accused of 
these crimes had applied for clemency, and 535 had received the 
Commission's recommendation for pardon. The Commission terminated its 
activities on December 31; on December 15 the President signed a law 
assigning the Commission's functions to the Justice Ministry's National 
Human Rights Council.
    Of the 48 recommendations for new pardons that have been pending 
before President Fujimori since 1998, 11 received pardons in December. 
During the year, he pardoned 7 detainees, bringing the total of 
terrorism or treason convicts pardoned and released to 481. Of this 
total, military courts had convicted 23 persons of terrorism; civilian 
courts convicted the remaining 458. Human rights organizations 
independently brought the cases of prisoners they believed to have been 
charged wrongly with terrorism or treason to the courts. The courts 
declared innocent and freed some 414 prisoners, bringing the total of 
all prisoners incarcerated and either pardoned or exonerated to 2,295.
    In May the Human Rights Ombudsman recommended legislation for 
monetary compensation of innocent persons released through the Pardon 
Commission's program. At year's end, the Congressional Committee on 
Justice was evaluating this proposal but had not issued its 
recommendations.
    There were no reports of political prisoners. Sendero Luminoso and 
MRTA members charged with terrorism are not considered to be political 
prisoners.
    f. Arbitrary Interference with Privacy, Family, Home or 
Correspondence.--The Constitution requires security forces to have a 
written judicial warrant to enter a private dwelling; however, this 
requirement is suspended in the emergency zones, where security forces 
routinely conduct searches without warrants.
    The Human Rights Ombudsman and human rights NGO's continued to 
receive complaints about incidents of forced conscription of young men, 
including minors, by security forces as part of the constitutionally 
mandated system of compulsory 2-year military service, although the 
number declined from last year. There continued to be reports of 
beatings, mistreatment, and severe injury leading in some cases to 
murder or suicide (see Section 1.a. and 1.b.). In a country where well-
placed contacts and even bribes were used by middle-class families in 
order to avoid military service, forced conscription tended to target 
uneducated youth in remote areas. Although the Ombudsman repeatedly has 
raised the issue with the military authorities, they continue to deny 
that forced conscription is an official policy. The Human Rights 
Ombudsman established a nationwide, toll-free telephone line for use by 
any citizen who may have been recruited forcibly or wished to report 
such an incident. Despite November 1998 legislation reiterating the 
prohibition against forced recruitment, there were 106 cases of forced 
conscription reported during 1999. Of these 106 cases, 75 percent 
resulted from the military's improper application of conscription laws 
to young men who presented themselves voluntarily for military service 
and should not have beenassigned to military units because they had 
either not completed high school or were not yet 18-year-olds. Roughly 
25 percent of the complaints received involved allegations of forced 
conscription, which occurred principally in Ayacucho and Huancayo. The 
Ombudsman intervened in 95 percent of such cases.
    In September President Fujimori signed a law that makes military 
service voluntary and prohibits the practice of forced conscription, 
although registration remains obligatory. Among other provisions, the 
law limits the training period to 30 days and forgives penalties 
against those who have not complied with the mandatory service. Under 
certain circumstances the President may decree the reestablishment of 
mandatory service. These provisions of the law go into effect in 
January 2000. The Office of the Human Rights Ombudsman plans to monitor 
implementation to ensure that the military adheres to the law, since 
past efforts to prohibit forced conscription did not prevent it.
    The Constitution provides citizens with the right to private 
communication, but the media, politicians, some government officials, 
and private individuals continued to report that the Government 
violated this right. In April 1998, representatives of the Ombudsman's 
Office traveled abroad to interview former military intelligence agent 
Luisa Margarita Zanatta Muedas, who had fled the country in 1998, after 
allegedly providing information regarding SIE wiretapping operations. 
They recommended that President Fujimori pardon Zanatta; that the 
Public Ministry investigate the wiretapping; and that Congress broaden 
the investigation conducted by its committee on defense. By year's end, 
the Government had not acted on these recommendations.
    In November the IACHR heard the wiretapping case filed by 
opposition Congresswoman Anel Townsend and 13 journalists. They charged 
that the Government had violated their constitutional right to privacy 
and sought civil damages. The Constitutional Tribunal dismissed the 
charges in 1998. Having exhausted their domestic resources, the 
journalists took their case to the IACHR. By year's end, the IACHR had 
not yet reported on the matter. The Congressional Committee on Defense, 
Intelligence, and Internal Order, chaired by one of President 
Fujimori's loyalists, conducted a summary investigation of the charges. 
The investigation not only exonerated the intelligence services and 
security forces, but concluded that the aggrievedjournalists had 
wiretapped themselves and recommended that they be charged with having 
fabricated and disseminated false information that tainted the honor of 
the military.
    Opposition politicians reported credible incidents of wiretapping 
and surveillance. Although high-level government officials denied 
government involvement in any of these incidents, there was little 
effort to investigate the allegations. On December 5, opposition 
presidential candidate Luis Castaneda Lossio called a press conference 
to describe his capture and detention of David Pinedo Torres, whom he 
alleged had admitting being a SIN agent under orders to conduct 
surveillance of Castaneda. However, Pinedo denied Castaneda's account 
and charged that Castaneda had kidnaped him and interfered with 
Pinedo's performance of his official duties as a policeman.
    Reports of forced conscription by the MRTA (most of whose surviving 
members are jailed) and the greatly weakened Sendero Luminoso terrorist 
groups diminished significantly. However, Sendero Luminoso continued to 
coerce indigenous people to join its ranks (see Section 5).
    In August the Human Rights Ombudsman updated its 1998 report on 
forced or coerced sterilization of women in public hospitals and family 
planning clinics. Allegations first arose in October 1997 that a number 
of health workers in public hospitals and family planning clinics had 
induced female patients to opt for sterilization by promising them food 
or another type of good or service or by not providing them with 
complete information about available alternatives. The Ombudsman 
recommended that all clients of family planning programs be provided 
with complete information about all the alternatives available to them, 
that no client be pressured into using any particular contraceptive 
method, and that if sterilization were chosen, the patient be afforded 
a 72-hour waiting period during which to consider that option, prior to 
a final decision. The Ministry of Health accepted the Ombudsman's 
report and already has implemented many of his recommendations. Since 
only 10,000 men have been sterilized under the Ministry of Health's 
family planning program, compared with 130,000 women, the Ombudsman 
recommended that the Ministry integrate men fully into its family 
planning program, thereby disseminating reproductive and contraceptive 
information more equitably across gender boundaries. During the year, 
the Ombudsman's office received 23 additional complaints of abuses 
committed by family planning personal, raising the overall total to 177 
between June 1997 and December 1999. The Ombudsman's office continues 
to investigate these cases.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, in practice, the 
Government inhibits the full exercise of these freedoms. The broadcast 
media and portions of the print media continued to practice a great 
degree of self-censorship in order to avoid provoking government 
retribution. Many in the press regard the Fujimori administration's 
harassment of the media as a key tactic for winning the President's 
reelection in April 2000.
    While the press represents a wide spectrum of opinion, ranging from 
left-leaning opposition views to those favoring the Government, the 
1997 loss by television owner Baruch Ivcher of his station, the 1998 
dismissal of antigovernment journalist Cesar Hildebrandt, and the 1999 
closing of the financially stricken opposition daily tabloid Referendum 
demonstrate the limits of press freedom.
    In the greater Lima area alone, there are 22 daily newspapers, 9 
television stations, 65 radio stations, and 3 news channels on 2 
commercial cable systems. The Government owns one daily newspaper, one 
television network, and two radio stations, none of which has a 
particularly large audience.
    International press groups and the Organization of American States 
(OAS) reported press harassment and accused the Government's 
intelligence services of being responsible for some of it. In a 
statement issued on October 12, OAS Special Rapporteur for Freedom of 
Expression Santiago Canton discussed these accusations, criticized the 
use of judicial proceedings to harass journalists, and cited cases of 
death threats aimed at journalists. In January Freedom House classified 
Peru as ``not free'' in terms of press freedom, and ranked Peru as the 
worst country in Latin America for press freedom apart from Cuba. The 
Committee to Protect Journalists named President Fujimori one of the 
world's ``Top Ten Enemies of the Press.''
    Tensions continued during the year between the Government and the 
segment of the media that was very critical of certain government 
policies and actions, and whose investigative reporting has generated 
wide public criticism of alleged government wrongdoing. Government 
intelligence agents allegedly continued to orchestrate a campaign of 
spurious attacks by the tabloid press against the political opposition 
and independent journalists and newspapers. The six tabloids that 
carried such attacks had almost identical headlines and text, and the 
text also appeared on the Internet, making it appear as though a single 
entity were orchestrating the entire campaign of intimidation and 
defamation. In October a group of journalists and other workers from 
the yellow press tabloid ``El Chato'' resigned from the jobs alleging 
they had not received their salaries. In addition, they claimed that 
the paper's owner, Rafael Documet, had received payments of $6,000 per 
day over the last 10 months from Augusto Bresani, a public relations 
advisor who allegedly works for the government, to print headlines 
critical of opposition candidates and government critics. Among others, 
targets of the tabloid press include journalists Gustavo Mohme, Angel 
Paez, and Fernando Rospigliosi. Many investigative reporters admit that 
they or their editors held back stories critical of the Government to 
avoid the risk of retaliation. In addition, investigative reporters and 
their families were targets of telephoned death threats and other 
harassment.
    According to the NGO Transparencia, the Government spent $62.6 
million on advertising, making it the country's largest advertiser by a 
large margin. The Ministry of the Presidency spent $24.5 million on 
advertising, or 31 percent of the total. Of the total amount, 75 
percent of the funds were spent on television ads. Most television 
stations are heavily in debt, and low economic growth greatly reduced 
revenue from advertising purchased by commercial clients. The resulting 
economic dependence leaves them susceptible to government pressure. 
Most media observers agree that the broadcast media (with the prominent 
exception of one cable news channel), on which most citizens rely for 
news, refrained from any critical reporting on the Government during 
the year.
    According to several credible NGO's, television stations slanted 
their views and coverage in favor of President Fujimori at the expense 
of other presidential pre-candidates. One opposition candidate claimed 
that three private television stations refused to broadcast one of his 
paid political advertisements.
    Television station representatives subsequently replied that their 
station do not have a policy against selling television airtime to 
opposition candidates, but they cannot be expected to displace prime 
time programming to run 5- to 10-minute political advertisements. 
Opposition party representatives then claimed that private television 
stations refused to run even 30-second advertisements. The Government's 
electoral law does not explicitly regulate political advertising on 
privately owned television stations (see Section 3).
    In December 1998, the privately owned Channel 13 canceled the 
public affairs program of antigovernment journalist Cesar Hildebrandt, 
and in August dropped its nightly newscast, which also had been 
frequently critical of the Government. In May journalist Nicholas Lucar 
resigned from Channel 4's popular Sunday public affairs program 
(Revista Dominical) after the station broadcast an interview with 
National Intelligence Service adviser Vladimiro Montesinos in which, 
according to Lucar, Montesinos dictated the questions and retaped his 
own answers. Channel 4 then canceled the program entirely. In related 
cases, Channel 13 reporter Rosana Cueva broadcast a tape of purported 
conversations in which Montesinos told Channel 4 executive Jose 
Francisco Crousillat how to report favorably on the Government. In both 
cases, journalists claimed that the Government had pressured the 
stations to slant their coverage, although the station owners denied 
it.
    The opposition press alleged that the Government used financial 
pressure to force the opposition tabloid Referendum out of business on 
October 2 (Referendum's principal editors worked for Baruch Ivcher at 
Channel 2). According to the newspaper's editors, SUNAT, the tax 
authority, demanded that Referendum stop publishing in exchange for 
rescheduling the tax debt of its parent company. Referendum closed the 
day before it was to publish an article alleging the existence of a SIN 
plan to murder human rights lawyer Heriberto Benitez, and while it was 
investigating other stories critical of the Government. In November 
journalist Cesar Hildebrant began publishing the staunch antigovernment 
daily newspaper Liberacion.
    The campaign against Baruch Ivcher and his former Channel 2 
employees also continued, although the Government reissued Ivcher a 
passport and the Prime Minister identified Ivcher as a Peruvian citizen 
in October. In June a judge sentenced former Channel 2 station manager 
Julio Sotelo to 4 years in prison forhaving signed a document 
transferring shares of the station from Ivcher to his daughters. In an 
April press conference, Ivcher presented supposedly secret documents 
from 1997 showing that the SIN and the SIE had planned harassment 
against the press. The daily newspaper La Republica later printed the 
text of the documents.
    In April an organization calling itself the Association in Defense 
of Truth (APRODEV) launched an Internet web site that posts the 
tabloids' articles and additional dubious information about independent 
journalists and opposition figures. APRODEV's representative in Peru is 
Hector Ricardo Faisal, an Argentine citizen, and former military 
officer. In May 1998, the Argentine Government asked the Government to 
extradite Faisal, but the Supreme Court rejected the extradition 
request in June 1998. Journalists brought a case against APRODEV, 
claiming that its web site was libelous and asking the court to force 
APRODEV to close it. The judges initially assigned to the case issued 
preliminary rulings in favor of this request, but then were removed 
from the case. When a new judge was appointed to handle the case, he 
reversed the initial decisions and ruled that the APRODEV site was not 
libelous because it simply reprinted information authored and published 
by other sources. The journalists filed and lost an appeal of this 
ruling.
    Independent press associations also alleged that journalists were 
subjected to harassment, including death threats. On August 25, several 
journalists, along with opposition Congresswoman Anel Townsend, formed 
an association called Prense Libre (Free Press) to promote freedom of 
expression. Within 2 weeks of the association's founding, the Supreme 
Military Tribunal brought a case against it for allegedly using false 
documents to support a story on SIE actions to gather information on 
potential opposition presidential candidates. In November the Public 
Ministry opened an investigation of Prensa Libre journalist Guillermo 
Gonzales for his role in Prensa Libre's activities. Public Ministry 
officials questioned him but did not formally charge Gonzales or his 
colleagues. Also in November, the IACHR issued a statement cautioning 
the Government from further actions against journalists. By year's end, 
this case remained open, and the possibility of arrest and formal 
charges served as an implied threat against journalistic integrity.
    According to the National Journalists Association (ANP) and the 
Institute of Journalism and Society's journalist protection system (La 
Red), there were many cases of media harassment in the provinces by 
government institutions (the National Police and the military), and by 
local political and commercial organizations. The ANP reported 127 
cases of harassment in during the year--of these, 64 percent were in 
the provinces, 76 percent were violent, and 54 percent were directed at 
radio stations. In the same period, La Red received 101 reports of 
harassment, 98 of them from the provinces, where journalists have less 
support and visibility than in Lima. A total of 64 percent of the 
threats were against radio reporters, reflecting the influence of 
provincial radio stations.
    Most of these incidents took the form of threats of violence, 
judicial proceedings, and charges of defamation, and came from local 
police, military officials, politicians, and businessmen. The incidents 
resulted in fines against journalists or media outlets, or in rulings 
to stop publishing or broadcasting. In one case, a judge sentenced the 
news director of Huancayo radio station Radio Senorial to 2 years' 
probation and forbade him from working as a journalist for 2 years for 
defamation after reporting the results of an audit that revealed 
management irregularities by two Huancayo city officials. In another 
case, a reporter for La Republica in the city of Jaen received death 
threats in September for having investigated and revealed the identity 
of a previously unknown member of the Colina group who participated in 
the 1997 La Cantuta murders of eight college students.
    The Government respects academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of peaceful assembly, and the authorities 
generally respect this right in practice, except in the designated 
emergency zones where it is suspended. The law does not require a 
permit to organize a public demonstration, but the organizers have to 
inform the political authority (Prefecto) about the kind of 
demonstration and where the demonstration will take place. Permission 
may be denied only for reasons of public safety or health. Municipal 
authorities usually granted permission for demonstrations in all 
nonemergency zones.
    There were five major protests over the year, but only three were 
conducted nationally. On April 28, over 3,000 protesters representing 
labor unions, student organizations, and opposition political parties 
demonstrated against Congress's removal of three Constitutional 
Tribunal judges (see Section 3). Over 100 police were deployed; they 
used a powerful water cannon and tear gas to disperse the marchers. The 
police briefly detained an undetermined number of protesters who were 
throwing rocks and attempting to destroy private property.
    In July labor groups and social groups held demonstrations in 
downtown Lima and in other major cities to protest various Government 
policies as well as President Fujimori's eligibility to seek reelection 
to a third term. Police were deployed but no violent confrontations or 
arrests were reported.
    In December a group of about 2,000 students, labor representatives, 
and opposition party members marched in protest of President Fujimori's 
official announcement that he would seek a third term in office. Labor 
union organizers reported that progovernment groups shouted insults and 
threw objects at protesters who were facing off with riot police. 
Photographs of antigovernment protesters displayed them wielding large 
sticks, which protest organizers claimed they had taken up in self-
defense in a standoff with riot police. Some pushing and shoving 
occurred, but the police commander's order to retreat prevented a 
larger confrontation. Protesters reportedly attempted, but failed, to 
gain access to a Government building.
    In 1998 the Human Rights Ombudsman, acting in response to violent 
confrontations between protesters and the National Police, began a 
dialog between protest groups and police on basic rules of conduct. 
Monitors from the Ombudsman's office served as official observers to 
ensure adherence to these rules by police and protesters alike. The 
Ombudsman's office reported that these measures have reduced 
significantly tensions and the level of arbitrary arrests, while 
diminishing the risk of damage to public and private property. 
According to the Ombudsman, with some exceptions, groups were able to 
express their opinions publicly, while the National Police maintained 
order in a lawful manner.
    The Constitution provides for freedom of association, and the 
authorities generally respect this right in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice. 
Although the Constitution establishes the separation of church and 
state, it also acknowledges the Catholic Church as ``an important 
element in the historical, cultural, and moral development'' of the 
nation. The preferential status accorded to Roman Catholicism in public 
life can be seen in the special treatment and tangible benefits the 
Church receives from the State, including remuneration to certain 
clergy and church personnel, and tax exemptions on clergy salaries and 
real estate holdings. Teaching about Roman Catholicism in primary and 
secondary schools is mandatory. Conversion to other religions is 
permitted, and missionaries are allowed to enter the country and 
proselytize.
    This preferential treatment continued throughout the year. In 
September Congress passed legislation that required the military to 
hire only Catholic clergy and made Catholicism the only recognized 
religion of military personnel. Prior to 1977, religious courses in 
public and private primary and secondary schools were inter-
denominational. Since 1977 public primary and secondary schools have 
offered only teaching about Catholicism, although some non-Catholic 
private schools provided non-Catholic religion courses.
    In April 1998, the Government issued an executive order that 
established basic Catholic religion courses for all public and private 
primary school students. Traditionally, school authorities appointed 
religious education teachers upon individual recommendations by the 
presiding bishop of the local diocese. In November the Education 
Ministry issued a directive to implement a September 1998 decree which 
made it mandatory for religion teachers to have the approval of the 
presiding bishop.
    Although teaching about Roman Catholicism has not been required in 
the public school system since the education reforms of the 1970's, 
most schools devoted 1 hour a week to such study. School authorities 
appoint religious education teachers, upon individual recommendations 
by the presiding bishop of the local diocese. Parents who do not wish 
their children to participate in the prescribed religion classes must 
submit a written request for an exemption to the school principal. Non-
Catholics who wish their children to receive a religious education in 
theirown particular faith are usually free to organize such classes, 
during the weekly hour allotted by the school for religious education, 
but must supply their own teacher. The Freedom of Conscience Institute 
(PROLIBCO), a recently established NGO that favors the strict 
separation of church and state and opposes the preferential treatment 
accorded to the Catholic religion, opposes the requirement for Catholic 
teaching in the school curriculum and claims that the alternatives made 
available to non-Catholic parents violate the constitutional protection 
of the privacy and confidentiality of one's convictions and beliefs.
    PROLIBCO and other religious groups have challenged mandatory 
teaching of Roman Catholicism, and their case is pending before the 
Constitutional Tribunal. The case alleges that the mandatory catechism 
requirement violates the rights of non-Catholic students to practice 
their personal religious convictions. They also have challenged the 
practice in which parents must ask school directors for permission to 
excuse their children from mandatory religion courses and then pay for 
their own teacher during the 1 hour per week of religious study. Apart 
from its pending court case, PROLIBCO has alleged discrimination 
against non-Catholic groups who must pay import duties and a sales tax 
on Bibles brought into the country.
    Sendero Luminoso rejects religion and in the past has threatened 
and intimidated religious workers.
    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for the right 
of free movement; however, this right is suspended in the emergency 
zones, which cover about 6 percent of the country's territory and where 
the security forces may detain travelers at any time. The military 
generally does not hinder travel in these zones; however, military 
commanders often limited the freedom of human rights monitors to 
investigate abuses in the emergency zones (see Section 4). Passengers 
on public transportation and drivers in private vehicles may be checked 
at control points throughout the country.
    Although there are no political or legal constraints on foreign 
travel or emigration, the authorities legally can restrict persons with 
pending criminal and, in some cases, civil charges against them from 
leaving the country. Repatriates, both voluntary and involuntary, are 
not treated differently from other citizens.
    The Constitution prohibits the revocation of citizenship. However, 
according to the Nationality Law of January 1996 naturalized Peruvians 
can lose their citizenship for, among other reasons, committing crimes 
against the State, national defense, and public security, as well as 
for reasons that ``affect the public interest and the national 
interest.'' Critics believe that it was the Nationality Law that 
provided the Government with the legal basis for its 1997 invalidation 
of the citizenship through naturalization of Israeli-born Baruch 
Ivcher, who consequently lost control of his property, including the 
Channel 2 television station which had aired stories of government 
abuse (see Section 2.a.). However, the Government claimed that its 
decision was based upon irregularities in Ivcher's original 
naturalization petition 13 years earlier. Although the Government 
issued Ivcher a new Peruvian passport in October, private legal 
proceedings continued against him, his family, and former associates.
    Sendero Luminoso occasionally interrupts the free movement of 
persons by setting up roadblocks in sections of the Upper Huallaga 
Valley.
    Political violence in the 1980's and early 1990's resulted in the 
internal displacement of hundreds of thousands of persons from their 
original homes, and massive rural-to-urban migration. Most families 
migrated to Lima or to one of several other department capitals. This 
movement created problems which, for the most part, remain unsolved, 
despite the Government's and NGO's continued efforts to address them. 
The government-sponsored Program for the Repopulation and Development 
of Emergency Zones (PAR) estimates the total number of displaced 
persons at approximately 600,000; an NGO coalition estimates the total 
at approximately 450,000. Apart from the rural-to-urban migration, 
there was substantial rural-to-rural migration. At the same time, 
persons whose homes were destroyed and whose lives were disrupted 
resisted the encroachment of terrorist groups by forming civilian self-
defense committees and thereby managed to remain in their home 
communities.
    There is also a large population of indigenous Ashaninkas in the 
central jungle region who face a terrorist threat. In addition,oil 
exploration companies have in the past encroached upon their lands 
without consulting them (see Section 5).
    With the decrease in terrorist violence since 1995, many displaced 
persons began to return to their rural homes. The PAR, which provides a 
number of basic services to accelerate returnee self-sufficiency, has 
assisted 18,000 persons to return and estimates that another 300,000 
have returned on their own. NGO's differ on the total number of 
returnees and estimate generally that less than 100,000 have returned 
to their communities of origin. However, NGO's and the PAR agree that 
only 15 to 20 percent of returnees leave after resettling in their 
original communities, due to dissatisfaction with the arrangements that 
awaited them in their home communities. An even higher percentage of 
returnees have yet to reestablish themselves permanently and instead 
travel back and forth between their original and their displacement 
homes.
    The PAR tends to concentrate on infrastructure development in the 
communities to which displaced persons are destined to return, building 
roads, bridges, utility lines, schools, health centers, and the like. 
The PAR also provides returnees with an initial supply of agricultural 
tools, seeds, food, medicines, blankets, and kitchen utensils. The 
NGO's, on the other hand, focus on the training of the returnees in 
self-advocacy and on the development of vocational skills. The PAR 
provides no direct financial assistance to those displaced persons who 
chose not to return to their original communities.
    According to the Ministry for the Promotion of Women and Human 
Development (PROMUDEH), since 1995 the PAR has supported the return of 
over 19,000 persons to repopulate 210 localities in the departments of 
Ayacucho, Huancavelica, and Junin. Since 1995 the Government has 
invested almost $5.5 million to build 1,913 classrooms; $1.3 million on 
health facilities; $3.8 million on sanitation; $6.6 million to build 
12,000 residences; and $2.6 million on local community facilities. The 
Government also spent $900,000 on programs to educate and train women 
participating in the repopulation programs and provided 947 job 
training courses. Additionally, to provide documentation to displaced 
persons, the Government registered 764,907 persons since 1997, spending 
roughly $7.3 million on its Registry of Provisional Identity Program.
    A special problem related to the displaced persons is the lack of 
basic documentation, such as birth certificates and voter registration 
cards. The many displaced persons who lack birth certificates or other 
basic documentation to establish their identity and place of origin can 
register with a special office within the PAR. This office in turn 
provides applicants with documentation that can be used both to request 
PAR assistance to return to their communities of origin and to apply 
for a national identity card. The Government conducted a national 
registration drive throughout the country to provide displaced 
individuals with identity documents and to register them to vote in the 
April 2000 national elections.
    Another unresolved problem is the question of the legal status of 
the approximately 5,000 displaced persons who also fall into the 
category of ``requisitoriados''--persons who were forced to join 
terrorist groups or were falsely accused of associating with such 
groups and continue to have outstanding detention orders issued against 
them (see Sections 1.d. and 1.e.). Although there are insufficient 
judicial resources to deal with the caseload and many persons continue 
to have outstanding detention orders issued against them, the 
Government began to address this problem. During the year, a 
specialized terrorism division of the Superior Court heard the cases of 
158 individuals in Cusco, found 24 innocent, and ordered the suspension 
of all 158 warrants. In December the court found innocent an additional 
21 persons, bringing the total of dismissed warrants to 179. Most of 
these individuals speak only Quechua, a fact that increases their 
vulnerability and reduces even further their capacity for economic and 
social integration into urban areas.
    Sendero Luminoso continued to coerce indigenous people to join its 
ranks during the year, which resulted in further internal displacement 
(see Section 5).
    The law includes provision for granting refugee and asylee status 
in accordance with the provisions of the 1951 U.N. Convention Relating 
to the Status of Refugees and its 1967 Protocol. The Government 
cooperates with the U.N. High Commissioner for Refugees in granting 
asylum and refugee status and recognizes the Catholic Migration 
Commission as the official provider of technical assistance to refugees 
and applicants for asylum. The Commission also advises citizens who 
fear persecution at home and seek asylum abroad. The 
Governmentrecognized 7 persons as new refugees: 5 Colombians, 1 Cuban, 
and 1 Bulgarian; there were a total of 758 refugees in the country. 
Refugees are allowed to live and work without restrictions and can 
apply for naturalization. The status of refugees is reviewed annually.
    There were no reports of the forced return of persons to countries 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for the right of citizens to change their 
government, although the law bars groups that advocate the violent 
overthrow of the Government from participating in the political 
process. Voting is by secret ballot and mandatory for all citizens 
between the ages of 18 and 70. However, members of the armed forces and 
the police, as well as felons, are ineligible to vote.
    The controversy over President Fujimori's eligibility to seek 
reelection continued throughout the year. The undermining of the 
Constitutional Tribunal by congressional action was particularly 
significant in setting the stage for Fujimori's run for a third term. 
As many as 1.4 million signatures were gathered in a petition drive for 
a referendum on whether or not the law permitting Fujimori to run for a 
third consecutive term should be repealed. However, the National 
Elections Board (JNE) ruled that according to a 1996 law, the 
referendum could be held only if 48 members of Congress favored it, 
thereby reversing its earlier decision permitting the signature drive 
to proceed without congressional approval. In August 1998, the 
referendum effectively was killed when only 45 members voted for it. 
Thus the right to a referendum, which is established in the 
Constitution, was abrogated by JNE and legislative action with no 
opportunity for judicial review.
    The Constitution stipulates that the President can be elected to a 
term of 5 years, and that he or she may be reelected for one additional 
successive term. On December 27, President Fujimori announced his 
candidacy for a third term in 2000; on December 31, the JNE dismissed 
on technical grounds 18 objections by opposition figures, political 
parties, and other civic groups who argued that a third term would be 
unconstitutional. In December the Human Rights Ombudsman stated 
publicly that the JNE's decision did not correspond to constitutional 
law, but because the Constitution vested the JNE with the final 
decision on electoral matters, citizens had to respect the JNE's 
decision as representing the final legal recourse.
    In accordance with the 1993 Constitution, President Fujimori ran 
for a second 5-year term in 1995 and was reelected over 12 other 
candidates, receiving 65 percent of the vote. Voters also elected the 
120 members of the unicameral Congress under a proportional 
representation system; at year's end 72 seats were held by members of 
Fujimori's Cambio 90/Nueva Mayoria with allied political movements, and 
the remaining 48 members representing 11 parties. Under the 1997 
Elections Law, each of the participating political parties must prepare 
a list of ranked candidates from which the 120 members of the 
unicameral legislature are elected by direct ballot.
    Challenges to the constitutionality of a third successive term 
rested largely on a series of controversial actions taken by the 
executive controlled Congress. In 1996 the congressional majority, 
addressing the constitutional provision limiting presidents to no more 
than two consecutive terms in office, passed a law (The Law of 
Authentic Interpretation) interpreting President Fujimori's 1995 
victory as his first under the new Constitution, thereby opening the 
way for him to run for a third consecutive term in 2000. The 
Administration and Congress' attempt to permit Fujimori to seek a third 
term created a constitutional crisis. In 1997 Congress voted to remove 
three members of the Constitutional Tribunal who voted against the 
application of the Law of Authentic Interpretation to Fujimori, and the 
Tribunal effectively ceased to function, unable to rule on any 
constitutional issues for lack of a quorum (see Section 1.e.). The 
three members of the Constitutional Tribunal filed a complaint with the 
IACHR, which the Commission found admissible. In 1998 the Commission 
called on the Government to reinstate the three judges on the Tribunal 
and formally gave the Government 60 days in which to comply with its 
recommendations.
    Several legal actions undertaken by certain courts and by Congress 
affected the candidacies and campaigns of potential presidential 
contenders. On August 6, Congress passed a law prohibiting candidacies 
for certain offices such as president or congress of anyone who had 
served in high office and had been charged with a crime against the 
State. In effect this lawpresumes the guilt of anyone charged but not 
convicted of a crime and removes the right to compete for office.
    In 1997 Congress appointed a subcommittee to investigate 
infiltration by the intelligence service of the voter registration 
agency, incompetence in contract administration, and massive 
embezzlement of funds. When the subcommittee produced a critical report 
in 1998, the Director of the National Voter Registration Bureau and a 
number of his senior staff fled the country. There were no reports of 
SIN infiltration of electoral institutions during the year.
    There were numerous allegations of government-linked harassment of 
potential opposition presidential candidates in August and September. 
On August 25, members of the Prensa Libre presented documents 
purporting to show involvement by the SIN in a press campaign defaming 
presidential candidates Alberto Andrade and Luis Castaneda (see Section 
2.a.). The Director of Military Intelligence (DINTE) requested that the 
Military Supreme Council initiate an investigation, and the Council 
concluded that the journalists' documents had misrepresented material 
facts. The prosecutor also concluded that the journalists were 
responsible for crimes against the public and ordered the JNE and the 
Public Ministry to investigate the journalists on these charges. At 
year's end, the Public Ministry's investigation remained open.
    Lima Mayor and Somos Peru (``We are Peru'') party leader Alberto 
Andrade filed a complaint in August against six local daily tabloid 
newspapers on the grounds that they had conducted for several months a 
systematic defamation campaign against him. Andrade requested a 
judicial investigation. The courts remanded the case to the Public 
Ministry and ordered the district prosecutor's office to proceed with 
an investigation. However, the owners of the six dailies petitioned the 
Superior Public Law Court and won an injunction blocking the 
investigation. The court further prohibited Andrade's attorney from 
continuing any legal action.
    In December SUNAT, the national tax collection agency, reportedly 
conducted an audit of pre-presidential candidate Andrade's Lima-based 
business; government spokesmen asserted that the audit was routine.
    On December 5, Solidarity National Party leader Luis Castaneda 
Lossio announced a ``citizens arrest'' of a National Police member who 
was allegedly surveilling him and his family on behalf of the SIN. 
Castaneda turned the man over to police and filed a harassment charge. 
Denying the policeman was an intelligence agent surveilling the 
presidential candidate, the National Police filed a formal complaint 
against Castaneda for kidnapping and interference with the policeman's 
official duties. Both sides subsequently dropped their formal 
complaints.
    On December 13, Prensa Libre published documents purporting to show 
that an alleged SIN agent, Corina Manyari, had infiltrated Castaneda 
Lossio's National Solidarity Party to spy on his campaign. Manyari told 
reporters she had joined Castaneda Lossio's campaign in 1999 as the 
head of youth activities and had left in September after being sexually 
harassed by a party director. On December 14, President Fujimori told 
the press that the government would oppose any infiltration of 
opposition parties, and he pledged to investigate allegations of these 
types of activities. By year's end, the Government had not indicated 
whether it would undertake an investigation.
    Opposition members claimed difficulties in buying airtime from 
privately owned television stations. According to Transparencia, 
television stations slanted their views and coverage in favor of 
President Fujimori at the expense of other pre-presidential candidates. 
One opposition candidate claimed that three private television stations 
refused to broadcast one of his paid political advertisements. The 
electoral law does not regulate political advertising on privately 
owned television stations (see Section 2.a.).
    In December a seven-member delegation from the National Democratic 
Institute for International Affairs and the Carter Center reported 
``serious flaws'' in the country's preelectoral environment. The 
delegation observed that political parties and candidates continued to 
actively organize, although the opposition parties continued to 
emphasize their participation was not an acceptance of the process as 
fair or legitimate, especially regarding the constitutionality of 
President Fujimori's reelection bid. The mission found that credible 
nonpartisan domestic election observations were underway. It identified 
as problems the constitutional interpretation regarding standing for 
reelection; violations of press freedoms; use of state resources for 
electoral advantage; and declining public confidence in the electoral 
process. The delegation alsocalled on the Government to return to the 
Inter-American Court and to fill the vacancies on the Constitutional 
Tribunal.
    The Constitution establishes three bodies to administer elections: 
the National Board of Elections; the Office of Electoral Processes 
(ONPE); and the National Registry of Identification and Civil Affairs 
(RENIEC). The JNE sets the legal parameters and rules on election-
related disputes and challenges. The ONPE administers the elections, 
and the RENIEC issues election identity documents.
    Women and some minorities participate actively in government and 
politics, although they are underrepresented. There are 13 women in the 
120-seat Congress. One of 15 cabinet ministers and several vice 
ministers are women, as are 3 of the 33 judges of the Supreme Court. 
The 1998 municipal elections were held under a new law that mandated 
that all party candidate lists for congressional and municipal 
elections include at least 25 percent of each sex. Under these 
guidelines, women were elected to 24 percent of municipal offices, up 
from 8 percent in 1998. In conjunction with the 2000 election campaign, 
four women's organizations undertook nationwide programs to identify 
female candidates and promote women's interests, increase the number of 
female voters, prepare a woman's political agenda, and train women who 
were elected to office.
    Citizens of Asian descent hold numerous leadership positions in 
government; President Fujimori is of Japanese descent and a recent 
president of the Council of Ministers was of Chinese descent. Several 
members of Congress have mixed ancestry, and a recent Vice President 
was a Quechua speaker, as was a recent Minister of Transportation and 
Communications. However, it is rare for indigenous people, who make up 
more than one-third of the population, to reach the highest leadership 
ranks in the public sector. The Afro-Peruvian minority, unofficially 
estimated at 3 to 5 percent of the total population, is not represented 
at all in the leadership of any branch of the Government.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    In general, the Government permitted numerous NGO's dedicated to 
monitoring and advancing human rights to operate freely. The ICRC is 
usually able to visit prisoners, including those held for terrorism-
related offenses at the maximum security Naval Prison at Callao.
    Military commanders often did not grant access to local and 
international human rights monitors to investigate abuses in the 
emergency zones and on military bases. Early in the year, officials 
from the Ombudsman's office were not granted access to the Sixth Region 
military compound.
    Government, military, judicial, and police officials, as well as 
some members of Congress, publicly accused NGO's and the IACHR of being 
overprotective of criminals and terrorists to the detriment of their 
victims. There was one report of Government surveillance of an NGO's 
office. Dialog between the NGO human rights community and civilian 
authorities improved slightly, although communication between the human 
rights community (both official and nongovernmental) and the military 
ranged from strained to nonexistent.
    Most human rights NGO's are independent, thorough, and generally 
objective. The National Coordinator for Human Rights (Coordinadora), 
established in 1985, provides an umbrella organization for 60 human 
rights NGO's. The Coordinadora does not politicize its positions on 
human rights issues, although its constituent members may do so in 
their own names. A number of other human rights groups associated with 
the Catholic Church or with government institutions operate on the 
fringes of the Coordinadora.
    The Office of the Human Rights Ombudsman, created in 1993 and 
headed by Jorge Santistevan de Noriega, continues to grow steadily in 
stature and reputation and opened two additional decentralized offices 
in Iquitos and Huancayo. It receives funds from the Government and 
foreign governments and is considered one of the most independent and 
effective forces in the country for bringing citizens justice. The 
Ombudsman enjoys investigative independence and the ability to inform 
the public of his conclusions and recommendations. However, he has no 
enforcement mechanism other than moral suasion. The Ombudsman's 
achievements include: Reports and recommendations for strengthening 
democracy and the rule of law; the work of the Pardons Commission, 
which he chaired (see Section 1.e.); recommendations regarding alleged 
abuses in the Government's family planning program (see Section 1.f.); 
the influence onCongress to enact legislative protection for women 
against discrimination (see Section 5); a legal analysis of the 
country's obligations under, and the benefits of the Inter-American 
Court system; a study of the military recruitment system and 
recommendations for a voluntary military; and a study on 
decentralization of administrative and political power.
    The Human Rights Ombudsman has a legal mandate to supervise prison 
facilities defined as ``penitentiary centers.'' However, Ombudsman 
representatives continued to have problems in gaining access to the 
military prison in Callao. In September Ombudsman officials requested 
access to this prison to investigate a hunger strike. Although the 
military authorities did not reject the request explicitly, they 
referred the issue to military officials in Lima. By the time the 
strike had ended, authorities had not acted on the request. However, 
officials did permit several unscheduled ICRC visits to the Callao 
facility during the hunger strike. In July Ombudsman officials visited 
Socabaya prison in Arequipa in response to a prisoner strike. The 
Minister of Justice subsequently criticized the Ombudsman's office for 
taking what he believed was an antigovernment stance.
    Following its 1998 visit, the IACHR fact-finding mission delivered 
its conclusions and recommendations to the Government. Although the 
Government welcomed the Commission's recognition of action taken, such 
as the creation of the Human Rights Ombudsman's office and the 
abolition of faceless judges, it rejected the Commission's criticism 
and recommendations for change. In particular, the Commission had 
called on the Government to restore the power of the Constitutional 
Tribunal to rule on constitutional issues by reinstating the three 
dismissed justices. Following several months of commission-government 
discussions, the Government announced that it would not comply with 
this recommendation. The Commission forwarded the case to the Inter-
American Court on Human Rights.
    On July 8, the Government announced its decision to withdraw from 
the contentious jurisdiction of the Inter-American Court of Human 
Rights after that Court determined that the Government had failed to 
provide due process in the case of four Chileans convicted of treason 
by a military tribunal (see Section 1.e.).
    There were no reports of Sendero Luminoso hampering the work of 
human rights monitors.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides for equal rights for all citizens, and 
specifically prohibits discrimination based on ethnic origin, race, 
sex, language, religion, opinion, or economic condition. Nevertheless, 
discrimination against women, the disabled, indigenous people, and 
racial and ethnic minorities continued, although progress is being made 
in a number of areas.
    Women.--Violence against women, including rape, spousal abuse, and 
sexual, physical, and mental abuse of women and girls, continued to be 
a chronic problem. Such abuses are aggravated by insensitivity on the 
part of law enforcement and judicial authorities toward the female 
victims of abuse. The National Institute of Statistics estimated in 
October that 37 percent of adult women living in Lima and Callao are 
abused annually. One NGO estimates that there are 25,000 annual cases 
of physical and mental abuse against women. In 1998 Lima's Police 
Station for Women received 3,089 complaints of domestic violence; in 
1999 it expected to receive as many as 5,000 complaints. Nationwide in 
1998 there were 27,935 complaints of domestic abuse (77 percent for 
violence and 23 percent for psychological abuse). Human rights 
organizations continue to believe that a large number of domestic 
violence cases remain unreported. Moreover, although official figures 
for the number of arrests and convictions in abuse cases are 
unavailable, NGO sources contend that even the vast majority of 
reported cases do not result in formal charges due to fear of 
retaliation from the accused spouse, or because of the cost involved in 
pursuing a complaint.
    Legislation addressed the problem of domestic violence in 1993, and 
1997 changes in a law simplified the procedures for reporting cases of 
domestic violence, made the process less expensive, and broadened the 
judicial remedies available. The 1997 law gave judges and prosecutors 
the authority to prevent the convicted spouse or parent from returning 
to the family's home. The law also expanded the number of persons 
authorized to file complaints of domestic violence to include the 
victims' relatives and unrelated persons living in the home. Whereas 
previously victims of domestic violence had to have a specialist in 
legal medicine certify their injuries, and had to pay for thereport, 
the new law eliminated the required fee and stipulated that the report 
may be prepared by any health professional.
    In March PROMUDEH created the Women's Emergency Program to call 
attention to the legal, psychological, and medical problems facing 
women and children who were victims of violence. The program received 
approximately 8,600 cases between March and November.
    According to the Human Rights Ombudsman's office, many women 
continued to complain that police officers react indifferently to 
charges of domestic violence, even though the new law clearly requires 
all police stations to receive such complaints. In 1998 the Ministry of 
Women's Advancement and Human Development, with NGO assistance, 
initiated a national program to educate police about domestic violence 
and to train officers in all police stations in processing domestic 
violence cases. The Ministry also opened facilities, staffed entirely 
by women, that bring together in one place representatives of all 
government institutions--police, prosecutors, counselors, and public 
welfare agents--to which abused women might have recourse.
    According to the Human Rights Ombudsman, many rape victims continue 
to complain that court-appointed medical examiners inappropriately 
delved into their past sexual histories. They also accused judges of 
looking more favorably on rape victims who were virgins prior to the 
rape and of believing that a woman who was raped must have enticed her 
attacker. In 1997 Congress repealed a statute whereby convicted rapists 
could be absolved of their crime if they married their victim.
    In May Congress responded to an appeal from the Human Rights 
Ombudsman and amended the Criminal Code to provide greater protection 
to victims of sexual violence. The Ombudsman sought elimination of the 
provision in the code that affords rapists and other sexual predators 
the opportunity to avoid prosecution if they reach a private settlement 
with their victims. In addition, the Ombudsman favored rescinding the 
provision that specifies that, in cases of sexual abuse of victims over 
14 years of age, only victims themselves may file a complaint. Many 
victims are afraid of personally filing a complaint of sexual abuse, 
particularly in cases where the perpetrators are police officers.
    In August the Human Rights Ombudsman published an updated report on 
forced or coerced sterilization of women in public hospitals and family 
planning clinics, and the Government took action on some of its 
recommendations during the year (see Section 1.f.).
    The Constitution provides for equality between men and women, and 
the 1995 amendments to the Employment Promotion Law, as well as other 
laws relative to marriage, divorce, and property rights, prohibit 
discrimination against women. In 1997 Congress prohibited racial and 
sexual discrimination in employment advertisements or announcements of 
educational training opportunities. Legislation in 1997 also repealed 
the old disqualification of unmarried or childless individuals for 
judgeships in the family courts. This legislation was intended to 
broaden employment opportunities for single women. In 1998 Congress 
stripped health-care professionals in police hospitals of their police 
rank and accorded them civilian status only. Since over 80 percent of 
such professionals are women, the Human Rights Ombudsman challenged the 
constitutionality of the new law and its implementing regulations, on 
grounds of discrimination. The Superior Court of Lima ruled against the 
Ombudsman, who then appealed the case to the Supreme Court, which had 
not reached a decision at year's end. In October the Congress passed 
legislation protecting pregnant women against arbitrary firing.
    Traditional assumptions and misconceptions often impede access by 
women to leadership roles in both the public and private sectors. 
Because of societal prejudice and discrimination, women historically 
have suffered disproportionately from the country's pervasive poverty 
and unemployment. ``Mibanco,'' a program supported by the Government 
and a consortium of NGO's, represents an effort to improve women's 
ability to generate income through providing credit to small businesses 
started by enterprising women. More than 60 percent of its clients are 
women. As of September, Mibanco's loan portfolio represented $13.3 
million (approximately 46.5 million soles), with a total of 37,600 
clients being served through 17 branches.
    Children.--The Government provides free, compulsory education 
through secondary school. However, roughly 6 percent of children 
between the ages of 6 and 12, and 17 percent of adolescents between the 
ages of 12 and 17, either never have attended school or have abandoned 
their education. Among children andadolescents who live in poverty or 
extreme poverty, the corresponding figures are 16 percent and 43 
percent, respectively. School nonattendance is highest in rural and 
jungle areas and affects girls more than boys. In 1998 Congress amended 
the Child and Adolescent Code to provide pregnant school-age girls with 
the right to begin or continue attending school, which reversed the 
previous policy at some schools.
    The Children's Bureau of the Ministry of Women's Advancement and 
Human Development coordinates child- and adolescent-related policies 
and programs throughout the Government. In the nongovernmental sector, 
the National Initiative on the Rights of the Child is the largest NGO 
of its kind and coordinates the work of 27 groups concerned with the 
problems of children across the nation.
    At the grassroots level, 1,010 Children's Rights and Welfare 
Protection Offices receive and resolve complaints ranging from physical 
and sexual abuse to child support, abandonment, and undetermined 
guardianship. Provincial or district governments operate some 55 
percent of these offices, while schools, churches, and NGO's run the 
remaining 45 percent. Law students staff most of the units; only the 
offices in the wealthiest districts of the country have professionally 
trained lawyers, psychologists, and social workers. When these offices 
cannot resolve cases, officials typically refer them to the local 
prosecutors' offices of the Public Ministry. During 1997 these offices 
received a total of 41,077 complaints. Of this total, 15,962 concerned 
lack of child support and 8,288 involved violence against children. In 
December 1998, Congress enacted new legislation stipulating that 
settlements adjudicated by these offices are binding legally and have 
the same force as judgments entered by a court of law.
    Violence against children and the sexual abuse of children 
continued to be serious problems. It is estimated that only 10 to 20 
percent of mistreatment and abuse are reported, since many persons 
believe that such problems belong within the family and should be 
resolved privately. Nonetheless, in Lima alone, at least 400 rapes of 
minors are reported annually. In 1996 there were 219,000 orphans in the 
country, of whom 25,000 were orphaned for reasons related to political 
violence. There were continuing reports of beatings and other 
mistreatment of adolescents on army bases, in connection with the 
conscription of youths for military service (see Section 1.f.).
    According to the 1993 Census, 69.6 percent of children 6 to 17 
years old lived in poverty. Of these, roughly half live in rural areas. 
Of all children and adolescents under 17 years of age, 20 percent live 
in extreme poverty. In 1996 the infant mortality rate was 43 per 1,000. 
However, this figure masks wide regional disparities: 30 per 1,000 in 
urban areas, compared with 62 per 1,000 in rural areas. Twenty-six 
percent of children under age 5, and 48 percent of children ages 6 to 
9, suffered from chronic malnutrition. In those homes where the mother 
has a low level of education, as many as 50 percent of the children 
suffer from chronic malnutrition and 114 per 1,000 die from preventable 
causes before they reach age 5.
    Street crime committed by children and adolescents is extremely 
high, including robbery, physical assault, and vandalism, often carried 
out by gangs. According to a 1998 congressional commission study that 
investigated the causes of crime, such gangs carry out 75 percent of 
all acts of vandalism, 29 percent of assaults, and 23 percent of 
robberies. The majority of these crimes are committed under the 
influence of drugs and alcohol, and their underlying causes are 
unemployment, nonattendance at school, and difficult family 
relationships.
    In 1998 the Government enacted a series of measures to reduce 
street crime, including prosecuting 16- to 18-year-old criminal gang 
members in military courts and sentencing those convicted to no less 
than 25 years in adult prisons. Human rights groups concerned with the 
protection and welfare of children and adolescents called on the 
Government to repeal such measures.
    As many as 1.2 million children work to help support their 
families. Of this total, some 500,000 are under the age of 14, while 
700,000 are between the ages of 15 and 17 (see Section 6.d.).
    Although laws exist that prohibit sexual abuse of minors and police 
enforced such laws, there continued to be reports that minors and young 
adults work in the sex trade.
    People with Disabilities.--The Constitution provides that severely 
disabled persons have ``the right to have their dignity respected and 
to be provided by law with protection, care, rehabilitation, and 
security.'' In1998 new comprehensive legislation established the 
National Council for the Integration of People with Disabilities and 
specified the rights, allowances, programs, and services that should be 
provided for the disabled. The statute prohibits discrimination, 
mandates that public spaces be barrier-free and that buildings be 
architecturally accessible, and provides for the appointment of a 
specialist in disability rights in the office of the Human Rights 
Ombudsman. Nevertheless, in practice, the Government devotes little 
attention and resources to the disabled, and they remain economically 
and socially marginalized.
    The Government does not allocate sufficient funds to make genuine 
integration of the disabled into the economy actually possible. 
According to the National Coordinator of the Association of Disabled 
People, the Government allocated approximately $250,000 (1 million 
soles) to integrate the disabled into the economy. Although the new 
legislation prohibits discrimination in the workplace, it is vague 
regarding the source of funds to pay for the human assistance, 
technological support, and environmental adaptations that often are 
necessary to enable disabled workers to be productive. As a result, 
disabled individuals and the private agencies serving them generally 
must rely on public charity and on funding from international 
organizations.
    The 1993 census counted 288,526 disabled persons, or 1.3 percent of 
the population; however, the Ministry of Health and the Pan American 
Health Organization believe that the vast majority of disabled persons 
either do not wish to acknowledge their disability to census takers or 
do not know what constitutes a disability, and that the actual number 
of disabled persons could be as high as 3 million, or 13.8 percent of 
the population. The Government, in conjunction with the country's 
hospitals, plans to implement a national register of disabled persons; 
however, it had not yet done so by year's end.
    Since the privatization of the social security and national health 
insurance systems, it has been difficult for many disabled persons to 
obtain coverage because insurance carriers typically believe that a 
severe disability necessarily increases a person's vulnerability to 
accidents and illnesses.
    Although construction regulations have long mandated barrier-free 
access by persons with physical disabilities to public service 
buildings, no effort has been made to implement this provision. Nor do 
accommodations exist, such as accessible polling stations, interpreters 
for the deaf in government service offices, and Braille or recorded 
versions of the Constitution, which would permit the disabled to 
participate in the basic processes of democracy and citizenship.
    According to officials of the Institute for Social Security, less 
than 1 percent of severely disabled citizens actually work. Among those 
who do, many have been channeled into a restricted number of 
occupations traditionally assumed to be ``suitable'' for the disabled, 
such as telephone switchboard operation and massage, in the case of the 
blind. Some private companies have initiated programs to hire and train 
the disabled, and a private foundation provides small loans to the 
disabled for the purpose of starting their own businesses. 
Nevertheless, in general, disabled persons continued to face 
discrimination by potential employers. For example, the basic statute 
governing the policies and procedures of the judicial branch 
specifically prohibits the blind from serving as judges or prosecutors, 
a discriminatory provision that the National Judiciary Council has 
interpreted to apply to all persons with disabilities. In 1998, 
SEDAPAL, Lima's water utility, dismissed all its blind switchboard 
operators, ostensibly as part of a nondiscriminatory, across-the-board 
cost-cutting measure. However, the chief advocate for the disabled in 
Congress reported that all the blind operators immediately were 
replaced by younger, sighted recruits. The disabled only recently have 
begun to organize and demand equal rights and opportunities as a 
minority.
    Indigenous People.--The Constitution prohibits discrimination based 
on race and provides for the right of all citizens to speak their 
native language. Nevertheless, the large indigenous population still 
faces pervasive discrimination and social prejudice. Many factors 
impede the ability of indigenous people to participate in, and 
facilitate their deliberate exclusion from, decision-making directly 
affecting their lands, culture, traditions, and the allocation of 
natural resources. According to indigenous rights groups, the 
provisions in the 1993 Constitution and in subsequent implementing 
legislation regarding the treatment of native lands are less explicit 
about their inalienability and unmarketability than were earlier 
constitutional and statutoryprotections. Pervasive discrimination and 
social prejudice intensify feelings of inferiority and second-class 
citizenship. Many indigenous people lack such basic documents as a 
birth certificate or a voter's registration card that normally would 
identify them as full citizens and enable them to play an active part 
in society.
    Peruvians of Indian descent who live in the Andean highlands speak 
Aymara and Quechua, which are recognized as official languages. They 
are also ethnically distinct from the diverse indigenous groups that 
live on the eastern side of the Andes and in the tropical lowlands 
adjacent to the Amazon basin. A 1998 regulation stipulating that all 
school teachers must have a professional teaching certification 
initially caused fears that uncertified indigenous teachers would lose 
their jobs, and that the continued use of Aymara and Quechua as 
languages of instruction, as well as the very survival of indigenous 
cultures, had been put in jeopardy; however, due to the unwillingness 
of many certified teachers to work in rural areas, uncertified Aymara- 
and Quechua-speaking teachers continue on the job.
    The native population of the Peruvian Amazon, which the Government 
estimates at a little under 200,000 and organizations representing the 
native communities estimate at between 200,000 and 300,000, faces 
pervasive discrimination and social prejudice. In accordance with local 
culture and traditions, most of the native communities have a spiritual 
relationship with their land, and the concept of land as a marketable 
commodity is alien to them. Nevertheless, according to the Director of 
the Human Rights Ombudsman's Native Communities Program, the only right 
still statutorily set aside for this native population with respect to 
its land is that of ``unassignability,'' which prevents the title to 
such lands from being reassigned to some nonindigenous tenant, simply 
because that tenant happens to have lived on those lands for a 
substantial amount of time. On the other hand, the marketing and 
outright sale of the lands are no longer prohibited.
    Many other factors also contribute to the marginalization of 
indigenous people in society. Poor transportation and communications 
infrastructure in the highlands and in the Amazon jungle region makes 
political mobilization and organization difficult. The geographic 
isolation of much of the indigenous population and the centralization 
of government action in Lima further limit the access and participation 
of indigenous people in society.
    In many jungle areas, encroachment on native lands comes from a 
variety of sources--colonists and coca growers in search of livelihood 
and profit, terrorists in search of new bases of operation, and 
business interests in search of exploitable natural resources. For 
example, there are approximately 25 oil exploration fields and numerous 
gold mining operations on indigenous lands in the Amazon region. The 
45,000 Aguaruna and the 5,000 Huambisa people, who inhabit the frontier 
area where the 1995 Peru-Ecuador border conflict took place, are just 2 
of many indigenous groups that complain about intolerable living 
conditions and inaccessible public services. In the same region, along 
the Pastaza River, the 4,700 Achuar people live in 36 communities, only 
12 of which have title to their land. In addition, the Achuar are 
fighting what they fear may be a losing battle against an incursion by 
oil exploration and drilling interests, as well as against a 
government-sponsored influx of colonists. Title to land does not 
include mineral or other subsoil rights; this condition leads to 
conflicts between mining interests and indigenous communities. Such 
encroachment often can damage the environment and negatively affect the 
health of the native people. About 20 indigenous groups in the Amazon 
Basin have requested communal reserves to hunt wild game, which is 
allowed under the law, but the Government has not approved this 
request.
    The two principal NGO's that represent the interests of the native 
population of the Peruvian Amazon are the Inter-Ethnic Association for 
the Development of the Peruvian Jungle (AIDESEP) and the Confederation 
of Amazonian Nationalities of Peru (CONAP). Both organizations joined 
the Permanent Conference of Indigenous Peoples, an umbrella body 
designed to coordinate the activities and unify the voice of the 
country's indigenous population. Both AIDESEP and CONAP are critical of 
the 1995 land law, which permits Amazonian land to be bought and sold 
if no one is living on it or otherwise making use of it. However, CONAP 
believes that mining and other development operations are inevitable 
and, therefore, wants native communities to share appropriately the 
benefits of that development. AIDESEP remains opposed to territorial 
encroachments by government, commercial, and other interests.
    Although indigenous rights advocates protest the low priority 
assigned by the Government to the socioeconomic condition of indigenous 
people and the lack of consultation regarding matters affecting their 
welfare, the Human Rights Ombudsman believes that the Government's 
attitude has changed. The Government's Indigenous Affairs Commission, 
formed in November 1998, is working to fulfill its mandate to 
coordinate all available state services to meet the needs of indigenous 
people better. The Commission, which is chaired by the Ministry of 
Women's Advancement and Human Development, has among its members 
officials from a variety of relevant ministries as well as four 
representatives of the Indian peasant population in the highland and 
coastal areas and the native population of the Amazon jungle. While 
Congress created its own Indigenous Affairs Committee in May, it had 
not yet begun to function as of year's end.
    Sendero Luminoso continued to be a leading violator of the rights 
of indigenous people. Isolated primarily along the Ene River in Junin 
department, Sendero Luminoso continued to coerce indigenous Ashaninkas 
to join its ranks. This practice resulted in further internal 
displacement in this region.
    National/Racial/Ethnic Minorities.--The population includes several 
racial minorities, the largest of which are persons of Asian and 
African descent. Afro-Peruvians, who tend to be concentrated along the 
coast, often face discrimination and social prejudice, and they are 
among the poorest groups in the country.
    Afro-Peruvians generally do not hold leadership positions in 
government, business, or the military. Both the navy and the air force 
are widely believed to follow unstated policies that exclude blacks 
from the officer corps. The law prohibits employment advertisements in 
the newspapers from specifying the color of the candidates sought, but 
employers often find discreet ways to relegate blacks to low-paying 
service jobs.
    In 1998 Congress passed legislation that prohibits various forms of 
discrimination by retail establishments against prospective customers. 
The law passed due to strong support from the Commission on Consumer 
Protection of the National Institute for the Defense of Free Market 
Competition and the Protection of Intellectual Property (INDECOPI), 
whose order to nightclubs not to exclude black patrons had been 
overturned by a district court. However, the new legislation has not 
deterred significantly discriminatory practices.
    According to two organizations specializing in the rights of 
persons of African descent, police continue to detain persons of 
African descent on suspicion of having committed crimes, on the basis 
of their skin color. Similarly, police rarely act on complaints of 
crimes against Afro-Peruvians. Afro-Peruvians are portrayed 
unflatteringly by the entertainment industry as individuals of 
questionable character.
    Although Peruvians of Asian descent historically have suffered 
discrimination, their social standing has improved markedly during the 
past decade, as the country has sought to emulate Asia's earlier 
economic growth and as the Asian community achieved financial success. 
Besides President Fujimori, who is of Japanese descent, many other 
Peruvians of Asian descent hold leadership positions in business and 
government.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and the law provide 
for the right of association, but worker rights advocates claim that 
provisions are overly restrictive. About 5 percent of the total work 
force of 8.5 million belong to organized labor unions. More than half 
of all workers participate in the informal sector of the economy. 
Workers are not required to seek authorization prior to forming a trade 
union, nor can employers legally condition employment on union 
membership or nonmembership. However, groups including the 
International Confederation of Free Trade Unions (ICFTU) continue to 
assert that laws promulgated by the Fujimori administration in 1992, as 
well as provisions included in the 1993 Constitution, fail to protect 
the rights of workers to form unions. Labor rights advocates claim that 
many workers are reluctant to organize due to fear of dismissal.
    Unions represent a cross section of political opinion. Although 
some unions traditionally have been associated with political groups, 
the law prohibits unions from engaging in explicitly political, 
religious, or profit-making activities. The several union leaders who 
ran unsuccessfully for Congress in 1995 all did so in their own names, 
without official union sponsorship.Nevertheless, it is believed that 
some union activists who run for public office receive unofficial 
backing from their unions.
    In 1995 and 1996, Congress passed legislation amending the 1992 
Employment Promotion Law, which all the main union confederations 
publicly criticized for restricting the rights of workers, including 
the freedom to bargain collectively. Unions also complained that the 
new legislation eliminated the right of dismissed workers to compulsory 
reinstatement, if it was proven that they had been dismissed unjustly. 
In practice, the legislation continued to have a negative impact on the 
right of association by making it easier for companies to fire workers 
involved in union activities.
    On April 28, the Peruvian General Workers' Union (CGTP) and other 
labor groups called a general strike throughout the country. According 
to press accounts, the strike drew support from some 400,000 public 
transport drivers and workers from other sectors. This included some 
civil service workers, health providers, and construction workers, as 
well as support from a broad range of religious and social 
organizations and opposition politicians. The strike reportedly 
paralyzed commercial and other activities in the country's largest 
cities. It culminated in protest marches around the country, including 
a large gathering of up to 20,000 persons in downtown Lima. The 
Government responded by posting a heavy police presence throughout the 
country to maintain order.
    Confrontations in Lima between protesters and police occurred in 
several different instances, in some cases reportedly provoked by 
protesters who burned tires, threw rocks, and tried to destroy public 
and private property. The office of the Human Rights Ombudsman reported 
that 75 individuals were arrested following sporadic incidents of 
violence, and only 7 were held for over 2 days. The Ombudsman's office 
also reported one episode in which police used tear gas to break up a 
group of protesters in route to downtown Lima who had done nothing 
provocative.
    In June medical workers undertook a 2-day strike to protest low 
wages and working conditions after negotiations between their union and 
the Ministry of Health broke down.
    There are no restrictions on the affiliation of labor unions with 
international bodies. Several major unions and labor confederations 
belong to international labor organizations such as the ICFTU, the 
international trade secretariats, and regional bodies.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution recognizes the right of public and private sector workers 
to organize and bargain collectively. However, it specifies that this 
right must be exercised in harmony with broader social objectives. 
Labor regulations promulgated prior to adoption of the 1993 
Constitution provide that workers may form unions on the basis of their 
occupation, employer affiliation, or geographic territory. The 
regulations prohibit temporary, probationary, apprentice, and 
management employees from union membership.
    According to the regulations, union officials must be active 
members of their union, but the number of individuals each union may 
designate as ``official'' is limited, as is the amount of time 
officials may devote to union business on company time. No legal 
provisions exist requiring employers to reinstate workers who are found 
to have been fired unjustly for union activities.
    To become an official collective bargaining representative, a union 
must represent at least 20 workers. Representatives may participate in 
collective bargaining negotiations and establish negotiating 
timetables. Management negotiating teams cannot exceed the size of 
union teams, and both sides are permitted to have attorneys and 
technical experts present as advisers.
    Proposals for a strike require secret ballot approval of a majority 
of all workers in a company, whether union members or not. A second 
vote must be taken, if petitioned by at least 20 percent of the 
workers. However, labor rights advocates complain that many temporary 
workers are reluctant to participate even in secret ballots, due to 
fear of employer retaliation. The labor movement continued to criticize 
provisions in the new amendments to the Employment Promotion Law, which 
make it easier for employers to dismiss employees and thereby to impede 
the right of workers to bargain collectively. However, there are no 
legal restrictions preventing unions from negotiating for higher levels 
of worker protection than the baseline standards provided for by law.
    Labor regulations permit companies unilaterally to propose 
temporary changes in work schedules, conditions, and wages, and to 
suspend collective bargaining agreements for up to 90 days, if obliged 
to do so by worsening economic circumstances or other unexpected 
negative developments, provided they give their employees at least 15 
days' notice of such changes. However, worker rights advocates allege 
that, in practice, few employers respected this provision. If workers 
reject an employer's proposed changes, the Ministry of Labor is 
required to resolve the dispute based on criteria of ``reasonableness'' 
and ``economic necessity.'' Whether the changes proposed by employers 
in such instances are upheld in full or in part, employers are required 
to adopt all possible measures, such as the authorization of extra 
vacation time, in order to minimize the negative economic impact on 
their employees.
    Although a conciliation and arbitration system exists to resolve 
management and labor disputes, union officials complain that their 
proportionate share of the costs of arbitration often exceeds their 
resources. In addition, union officials claim that, as the law 
prohibits temporary workers from participating in union organizing 
elections, more and more companies have resorted to hiring workers on 
temporary, personal services contracts as a means of preventing 
increases in union strength. Although the new legislation restricts the 
number of temporary workers hired to 20 percent of a company's work 
force, worker rights advocates alleged that this quota rarely was 
respected. Employers denied that they are biased against unions, 
arguing that the labor stability provisions of the legislation have 
made long-term commitments to workers too expensive.
    Special regulations aimed at giving employers in export processing 
and duty free zones a freer hand in the application of the new 
legislation provide for the use of temporary labor as needed, for 
greater flexibility in labor contracts, and for setting wage rates 
based on supply and demand. As a result, workers in such zones have 
difficulty in unionizing, although worker rights advocates admit these 
zones are few in number and do not contribute substantively to labor's 
unionizing difficulties.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor. There were no reports during the 
year of this practice in remote Andean mountain and Amazonian jungle 
regions. The Constitution does not prohibit specifically forced or 
bonded labor by children. There were occasional allegations of such 
labor in the informal gold mines of Madre de Dios department in recent 
years. However, information obtained during the year indicates that the 
practice is no longer a problem.
    In response to a 1994 complaint filed with the International Labor 
Organization (ILO), the Government acknowledged that forced labor 
existed and adopted measures to address the problem. The Government had 
not policed this practice adequately, partly because of inadequate 
funding for what was regarded as a low priority, and partly because of 
the geographical remoteness of the informal gold mining region. NGO's 
and other labor observers in Lima and Madre de Dios believe that the 
recruitment system known as ``enganche'' ceased. This system was 
practiced over the last several years in the early 1990's in Puno, 
Juliaca, Sicuani, and Cuzco, and provided free transportation to the 
mines. Workers were allegedly required to work for at least 90 days 
before being paid.
    In general, gold mining workers lack proper medical care, are 
forced to work long hours for as little as $2.50 (12 soles) plus meals 
for a 12-hour day. Some employers hold their workers' pay for long 
periods of time, although there were no reports during the year of 
workers being deprived of their pay altogether. There were reports of 
beatings and rapes in some mining camps. The mine owners have failed in 
the past to comply with the legal provisions that apply to juvenile 
workers.
    In 1999 the Ministry of Energy and Mines reported for a second 
consecutive year that the number of registered dredging companies fell, 
while informal operations continued. NGO sources and the ILO report 
that mechanization largely has replaced manual labor, and in 1999 the 
Ministry of Labor inspection programs helped deter illegal child labor 
in this region. The ILO and NGO's agree that child labor remained a 
problem nationwide and especially in the informal sector, but there 
were no reports of forced child labor during the year. Available 
information suggests that other forms of forced labor were not a 
problem during the year.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--TheChild and Adolescent Code of 1992 governs child and 
adolescent labor practices. The legal minimum age for employment is 14. 
However, children between the ages of 12 and 14 may work in certain 
jobs to help support their families if they obtain special permission 
from the Ministry of Labor and certify that they are also attending 
school. In certain sectors of the economy, higher minimums are in 
force: 14 in agricultural work; 15 in industrial, commercial, or mining 
work; and 16 in the fishing industry. Certain types of employment are 
prohibited, such as work underground; work that involves the lifting 
and carrying of heavy weights; work where the child or adolescent is 
responsible for the safety of others; night work; or any work that 
jeopardizes the health of children and adolescents, puts at risk their 
physical, mental, and emotional development, or prevents their regular 
attendance at school.
    The Constitution provides for compulsory, free education through 
secondary school. Nevertheless, largely because of widespread poverty, 
approximately one-third of all school age children and adolescents work 
during daytime hours rather than attend classes, and only a few of them 
attend classes at night.
    Many children are pressed to help support their families from a 
very early age by working in the informal economy, which escapes 
government supervision of wages and working conditions. Other children 
and adolescents work either in formally established enterprises, or as 
unpaid workers at home, or in the sex trade (see Section 5).
    Adolescent workers must be authorized to work and must be 
registered unless they are employed as domestic workers or as unpaid 
family workers. Adolescents only may work a certain number of hours 
each day: 4 hours for ages 12 through 14, and 6 hours for ages 15 
through 17. Adolescent employment must be remunerated in accordance 
with the principle of equal pay for equal work. In practice, the 
stipulations and prohibitions stated in the Child and Adolescent Code 
are violated routinely, especially in the informal sector where 
government standards very rarely are enforced. Child and adolescent 
laborers work long hours in the agricultural sector. Many other 
children are reportedly employed in dangerous occupations or in high-
risk environments, such as gold mining, garbage collection, loading and 
unloading produce in markets, and brick making, or work in stone 
quarries and fireworks factories, among others.
    In recent years, government surveys variously have estimated the 
number of child and adolescent workers at anywhere from 500,000 to 1.9 
million. A 1996 government study found that 8 percent of the work force 
is between the ages of 6 and 14 (see Section 5). Child and adolescent 
labor tends to be seasonal, with the highest survey statistics being 
reported during school vacation periods. The Constitution does not 
prohibit specifically forced or bonded labor by children, although 
there are laws which prohibit this practice.
    e. Acceptable Conditions of Work.--The Constitution provides that 
the State promote social and economic progress and occupational 
education. It states that workers should receive a ``just and 
sufficient'' wage to be determined by the Government in consultation 
with labor and business representatives, as well as ``adequate 
protection against arbitrary dismissal.''
    In 1997 the Government raised the statutory minimum wage to $104 
(345 soles) a month, which is not considered sufficient to provide a 
decent standard of living for a worker and family. That year the 
Government estimated the poverty line to be about $45 (157 soles) a 
month per person. According to some estimates, as much as half the work 
force earns the minimum wage or below.
    The Constitution also provides for a 48-hour workweek, a weekly day 
of rest, and an annual vacation. In addition, it prohibits 
discrimination in the workplace.
    While occupational health and safety standards exist, the 
Government lacks the resources to monitor firms or enforce compliance. 
Labor advocates continued to argue that the Government dedicated 
insufficient resources to enforce existing legislation. However, the 
Ministry of Labor employs a force of 100 inspectors to carry out 
ongoing unannounced visits throughout the country. When firms are found 
to be in violation of the law, the Government sanctions them with fines 
or, in some case, closure. In cases of industrial accidents, the level 
of compensation awarded to the injured employee usually is determined 
by agreement between the employer and the individual involved. In 1992 
the Government introduced reforms that eliminated the need to prove an 
employer's culpability in order to obtain compensation for work-related 
injuries. No provisions exist in law for workers to remove themselves 
from potentially dangerous work situations without jeopardizing their 
continued employment. The Ministry of Labor continued to receive worker 
complaints and intervened in hundreds of cases.
    f. Trafficking in Persons.--There are no laws that specifically 
address trafficking in persons. In November the Government adopted 
legislation that criminalized alien smuggling, which is defined as 
promoting, executing, or assisting in the illegal entry or exit of 
persons from the country. Prostitution is legal, but the law prohibits 
and sanctions activities of those who would obtain benefits from 
prostitution, such as pimping. Laws prohibiting kidnaping, sexual abuse 
of minors, and illegal employment are enforced and could be used to 
sanction traffickers in persons. Available information suggests that 
illegal trafficking in persons in, to, or from the country is not a 
significant problem.
                                 ______
                                 

                         SAINT KITTS AND NEVIS

    Saint Kitts and Nevis is a multiparty, parliamentary democracy and 
a member of the Commonwealth of Nations. 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. The Government comprises a prime minister, a 
cabinet, and a bicameral legislative assembly. The Governor General, 
appointed by the British monarch, is the titular head of state, with 
largely ceremonial powers. After national elections in June 1995, Dr. 
Denzil Douglas of the St. Kitts and Nevis Labour Party became Prime 
Minister and formed a government with 7 of 11 seats in the legislature. 
The judiciary is independent.
    Security forces consist of a small police force, which includes a 
50-person Special Services Unit that receives some light infantry 
training, a coast guard, and a small, newly formed defense force. The 
forces are controlled by and responsive to the Government. There were 
occasional allegations of abuse by the police.
    The mixed economy is based on sugar cane, tourism, and light 
industry. Most commercial enterprises are privately owned, but the 
sugar industry and 85 percent of arable land are owned by a state 
corporation. In November Hurricane Lenny caused $7.2 million in 
additional damage to the economy, which had been devastated by 
Hurricane Georges in 1998, which caused an estimated $445 million in 
damage. The 1998-99 tourist season suffered significant losses, since 
85 percent of the houses and buildings were damaged. The hurricanes 
also damaged an estimated 50 percent of the sugar industry. Per capita 
gross domestic product was about $7,080 in 1998.
    The Government generally respected citizens' human rights; however, 
there were problems in a few areas. Poor prison conditions, apparent 
intimidation of witnesses and jurors, government restrictions on 
opposition access to government-controlled media, and violence against 
women were the principal problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Law enforcement authorities abide by the constitutional 
prohibitions against the use of torture or other forms of inhuman or 
degrading treatment or punishment. However, there are occasional 
instances of excessive use of force by the police. The police force 
conducts its own internal investigation when complaints are made 
against members. There was one reported incident of excessive physical 
force against civilians by a police officer, involving abuse of a 
suspect. The police conducted an internal investigation of this case, 
but the case finally was dropped due to lack of sufficient evidence.
    Prison conditions are poor. Prisoners suffer from severe 
overcrowding and poor food, and security is lax. These conditions have 
contributed to riots in the past, although none has occurred since 
1994. The prison, built in 1840, was designed to accommodate 60 inmates 
but houses approximately 127 prisoners.
    The Government permits prison visits by independent human rights 
monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention, and the Government respects 
this provision in practice. The law requires that persons detained be 
charged within 48 hours or be released. If charged, the police must 
bring a detainee before acourt within 72 hours. Family members, 
attorneys, and clergy are permitted to visit detainees regularly.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the judiciary is highly regarded. However, 
intimidation of witnesses and potential intimidation of jurors in high-
profile, drug-related cases threatened this traditional independence. 
The Government is exploring the possibility of a program to protect 
witnesses, judges, and jurors through the Caribbean Community 
(Caricom).
    The court system comprises one high court and four magistrate's 
courts at the local level, with the right of appeal to the Eastern 
Caribbean Court of Appeal. Final appeal may be made to the Privy 
Council in the United Kingdom. There are no military or political 
courts. Free legal assistance is available for indigent defendants in 
capital cases only.
    The Constitution provides that every person accused of a crime must 
receive a fair, speedy, and public trial, and these requirements 
generally are observed. In the latter part of the year, approximately 
26 persons were being held on ``remand'' (detention pending trial or 
further court action).
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--There were no reports of arbitrary government or 
police interference in the private lives of individuals. The law 
requires judicially issued warrants to search private homes.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and, for the most part, the 
authorities respected these provisions in practice. The Government owns 
the only radio and television station on St. Kitts. A Trinidadian 
company manages it; however, the Government appoints three of its five 
board members. 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. A 
third weekly newspaper is nonpartisan. The papers are free to criticize 
the Government and do so regularly and vigorously. International news 
publications are readily available.
    The Government does not restrict academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of peaceful assembly. Political parties 
organized demonstrations, rallies, and public meetings during the 1995 
election campaign without significant government interference. Many 
meetings sponsored by the Nevis Island administration and opposition 
parties were held in Nevis to discuss the secession question.
    The Constitution provides for the right of association, and the 
Government respects this right in practice.
    c. Freedom of Religion.--The Constitution provides for the free 
exercise of religion, and religious practices are not restricted. All 
groups are free to maintain links with coreligionists in other 
countries.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Government does not restrict travel 
within or departure from the country. However, following Hurricane 
Georges in September 1998, the Government declared a state of emergency 
and instituted a curfew to avoid looting during the period of 
electrical power loss.
    No formal government policy toward refugee or asylum requests 
exists. The issue of provision of first asylum did not arise. There 
were no reports of forced expulsion of anyone having avalid claim to 
refugee status; however, government practice remains undefined.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens are free to change their government by peaceful means. A 
vigorous multiparty political system exists in which political parties 
are free to conduct their activities. Periodic elections are held in 
which all citizens 18 years of age and older may register and vote by 
secret ballot. According to the Constitution, the next general 
elections must take place by June 2000.
    The Legislative Assembly has 11 elected seats; 8 for St. Kitts and 
3 for Nevis. The Government holds 7 of the 11 seats; opposition parties 
hold the other 4. In the June 1995 elections, Dr. Douglas' St. Kitts 
and Nevis Labour Party won seven of eight seats at stake in St. Kitts 
with 60 percent of the popular vote, and Douglas became Prime Minister. 
The People's Action Movement (PAM), the former ruling party, took only 
one seat, but received 40 percent of the vote. The Concerned Citizens 
Movement won two of the three Nevis seats; the Nevis Reformation Party 
won the remaining one. The island of Nevis has considerable self-
government and its own legislature.
    In accordance with its rights under the Constitution, the Nevis 
Island Assembly in 1996 initiated steps towards secession from the 
Federation, the most recent being a referendum in August 1998. However, 
the referendum failed to secure the two-thirds majority required for 
secession. Prior to the referendum, a Caricom-initiated Constitutional 
Review Commission submitted a report that recommended an alternative 
political structure--a presidential system with separate elected 
legislatures for Saint Kitts and for Nevis. These recommendations are 
under review by both islands. All parties involved adhered to 
constitutional procedures, and no acts of violence were reported in 
connection with the secession question.
    Although the Constitution prohibits discrimination on grounds of 
political opinion or affiliation, the opposition PAM alleges widespread 
employment discrimination by the St. Kitts and Nevis Labour Party 
against public sector employment of persons perceived to be opposition 
supporters. PAM alleges that the ruling party dismissed or demoted many 
PAM supporters from their jobs in order to replace them with its own 
supporters. The Government acknowledged that it had withheld pension 
benefits from opposition members of Parliament voted out of office and 
entitled to such benefits. However, all pension benefits have since 
been paid with the exception of those of the former Minister of Women's 
Affairs.
    There are no impediments in law or in practice to the participation 
of women in leadership roles in government or political parties. There 
are no women in the Cabinet. However, 2 of 3 senators are women, 1 of 2 
magistrates is a woman, the court registrar is a woman, and 5 of 9 
permanent secretaries are women.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    While there are no governmental restrictions, no local human rights 
groups have been formed. There were no requests for investigations or 
visits by international human rights groups.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination on grounds of race, place 
of origin, birth out of wedlock, political opinion or affiliation, 
color, sex, or creed, and the Government generally respects these 
provisions in practice.
    Women.--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. There is no domestic violence legislation.
    The role of women in society is not restricted by law but is 
circumscribed by culture and tradition. There is no overt societal 
discrimination against women in employment, although sectoral analyses 
suggest that women do not yet occupy as manysenior positions as men. 
The Bureau of Women's Affairs, under the Ministry of Health and Women's 
Affairs, is active in promoting change in the areas of domestic 
violence, poverty, institutional mechanisms to advance the status of 
women, health, and leadership positions for women. Since 1997 the 
Bureau has also been active in training the police and school guidance 
counselors on issues of domestic violence, sexual crimes, and child 
abuse.
    Children.--The Government is committed to children's rights and 
welfare and has incorporated most of the provisions of the U.N. 
Convention on the Rights of the Child into domestic legislation.
    People with Disabilities.--Although there is no legislation to 
protect the disabled or to mandate accessibility for them, the 
Government and the Constitution prohibit discrimination in employment, 
education, and other state services.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of all workers to form and belong to trade unions. The law 
permits the police, civil service, and other organizations to have 
associations which serve as unions. The major labor union, the St. 
Kitts Trades and Labour Union, is affiliated with the St. Kitts and 
Nevis 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 two taxi drivers' associations.
    The right to strike, while not specified by law, is well 
established and respected in practice. There were no major strikes 
during the year.
    Unions are free to form federations or confederations and to 
affiliate with international organizations. The islands' unions 
maintain a variety of international ties.
    b. The Right to Organize and Bargain Collectively.--Labor unions 
are free to organize and to negotiate for better wages and benefits for 
union members. The law prohibits antiunion discrimination but does not 
require employers found guilty to rehire employees fired due to 
antiunion discrimination. However, the employer must pay lost wages and 
arrange for 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. A 
Labor Commission mediates all types of disputes between labor and 
management on an ad hoc basis. However, in practice few disputes 
actually go to the Commission for resolution. If neither the Commission 
nor the Ministry of Labor can resolve the dispute, legislation allows 
for a case to be brought before a civil court.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
forbids slavery and forced labor, and they do not occur in practice. 
While neither the Constitution nor law specifically addresses bonded 
labor, it has not been a problem in practice.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The 1966 Employment of Children Ordinance outlaws slavery, 
servitude, and forced labor, and prescribes the minimum legal working 
age, which is 14 years. The Labor Ministry relies heavily on school 
truant officers and the community affairs division to monitor 
compliance, which they do effectively. The law mandates compulsory 
education up to the age of 16. Although the law does not specifically 
address bonded labor (see Section 6.c.), it has not been a problem in 
practice.
    e. Acceptable Conditions of Work.--A 1984 law, updated in 1994, 
establishes minimum wage rates for various categories of workers, such 
as domestic servants, retailemployees, 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 Labor 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 40- 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 14 working days. 
While there are no specific health and safety regulations, the 
Factories Law provides general health and safety guidance to Labor 
Ministry inspectors. The Labor Commission settles disputes over safety 
conditions. Workers have the right to report unsafe work environments 
without jeopardy to continued employment; inspectors then investigate 
such claims.
    f. Trafficking in Persons.--There are no laws that specifically 
address trafficking in persons.
    Recent press reports indicate that the country's economic 
citizenship program, which allows individuals to purchase passports 
through investments ranging from $200,000 (EC$540,000) to $285,000 
(EC$770,000), has facilitated the illegal immigration of persons from 
China and other countries to North America. Criminal organizations 
reportedly provide funds to such individuals to pay these fees, and the 
persons later are trafficked to Canada and the United States, where 
they work under conditions similar to bonded labor until their debt is 
repaid.
                                 ______
                                 

                              SAINT LUCIA

    Saint Lucia is a multiparty, parliamentary democracy and a member 
of the Commonwealth of Nations. The Government comprises a prime 
minister, a cabinet, and a bicameral legislative assembly. A Governor 
General, appointed by the British monarch, is the titular head of 
state, with largely ceremonial powers. In general elections in 1997, 
the Saint Lucia Labour Party (SLP) defeated the incumbent United 
Workers Party (UWP), gaining 16 of 17 seats in the House of Assembly. 
Dr. Kenny Anthony of the SLP assumed the prime ministership from the 
UWP's Dr. Vaughan Lewis, who had taken over from long-serving UWP Prime 
Minister John Compton in March 1996. The judiciary is independent.
    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. They are controlled by 
and responsive to the Government. There were occasional allegations of 
abuse by the police.
    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 22 
percent in late 1998, remains a source of potential instability. Per 
capita gross domestic product was about $3,000 in 1997.
    The Government generally respected citizens' human rights; however, 
there were a few problems. Occasional credible allegations of physical 
abuse of suspects or prisoners by the police, very poor prison 
conditions, long delays in trials, domestic violence against women, and 
child abuse were the major problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings.
    On June 18, in the village of Micoud, police shot and killed a 
suspected marijuana dealer in an exchange of gunfire. Police officers 
also were injured in the exchange. In commenting on the incident, one 
local newspaper questioned whether the police had used excessive force 
in seeking to apprehend the marijuana dealer.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution specifically prohibits torture, and there 
were no reports of such abuse. However, one newspaper reported that on 
July 15 police officers severely beat a detainee being held on charges 
of breaking and entering, and burglary. The individual allegedly broke 
into and stole items from a police officer's home. According to the 
medical report, injuries included a black eye due to fist blows, pains 
in a finger due to twisting, pains in the thorax and scrotum due to 
blows, and head pains due to kicks.
    Prison conditions are very poor. The island's only prison, built in 
the 1800's to house a maximum of 101 prisoners, was subject to severe 
overcrowding with over 340 inmates. The prison's conditions, 
overcrowding, and lengthy trial delays led to a prison riot in June 
1997; prisoners set fires that destroyed over half of the antiquated 
prison. The inmates asserted that the fires were part of a protest for 
improved prison conditions. Following the fires, the authorities 
transferred about 250 inmates to a factory shell outside the capital 
and stationed the paramilitary Special Services Unit at the prison. The 
prison has since been repaired, the majority of prisoners have been 
returned to the prison, and the Special Services Unit has ceased 
guarding the prison.
    Following the riots, the Government invited Penal Reform 
International (PRI), a London-based nongovernmental organization (NGO), 
to conduct a study of the prison and make recommendations. Its 
recommendations included the release of prisoners awaiting trial for 
minor offenses and the introduction of noncustodial alternatives as a 
sentencing option. As a result of the PRI report, the authorities 
selected a new superintendent of prisons who took over in February 
1998,established a permanent Complaints Board comprised of prominent 
citizens to meet every month to hear prisoners' complaints, hired 24 
new prison officials, and made some limited improvements to the 
facility. Despite these measures, inmates made another attempt to burn 
down the main prison facility in September 1998, but caused only 
limited damage. According to the superintendent, both the 1997 and the 
1998 incidents of unrest occurred prior to the start of a new session 
of the High Court when prisoners on ``remand'' (detention pending trial 
or further court action) discovered that their cases were not on the 
published list of cases to be heard. There are 101 prisoners on remand 
who have been denied bail and are awaiting trial.
    The Government also started the groundwork for a new $17 million 
(EC$50 million) prison facility near Dennery in the eastern part of the 
island. The projected completion date for the new prison is September 
2000.
    The Government permits prison visits by human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Government adheres 
to the constitutional provisions that prohibit arbitrary arrest or 
imprisonment and require a court hearing within 72 hours after 
detention. However, the authorities frequently have held prisoners for 
years on remand after charging them (there is no constitutional 
requirement for a speedy trial). At the time of the 1997 prison riot, 
about 160 of the prisoners were on remand. One extreme case involved a 
prisoner put on remand in 1993, who finally was tried and convicted in 
June 1998. In addition, two foreign nationals, a Ghanaian and a 
Nigerian, have been held on remand since 1996. These individuals are 
being detained for immigration violations, pending resolution of who 
will pay the expense of their deportations.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and it is independent in practice.
    There are two levels of courts: 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 
$1,850 (EC$5,000) in value and criminal cases generally classified as 
``petty.'' The High Court has unlimited authority in both civil and 
criminal cases. All cases can be appealed to the Eastern Caribbean 
Court of Appeal. 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.
    However, the court system continued to face a serious backlog of 
cases. In the latter part of 1998, the magistrate's courts had a 
backlog of over 6,000 cases. Previously, the Government had invited a 
team of justices from Australia to conduct a study and to make 
recommendations for reducing the backlog. The team issued a report (the 
Bauer report) in 1998. At year's end, the Government still was 
reviewing the report's recommendations.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, government 
authorities generally respect these prohibitions, and violations are 
subject to effective legal sanctions.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects this right in practice.
    There are five privately owned newspapers, two privately owned 
radio stations, and one partially government-funded radio station. They 
carry a wide spectrum of political opinion and are often critical of 
the Government. The radio stations have discussion and call-in programs 
that allow persons to express their views. The two local television 
stations are also privately owned and cover a wide range of views. In 
addition there is subscription cable television service, which provides 
programming from a variety of sources.
    The Government does not restrict academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally respects 
this right in practice. 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.
    The Constitution provides for freedom of association, and the 
Government generally respects this right in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice.
    No formal government policy toward refugee or asylum requests 
exists. The issue of the provision of first asylum did not arise. There 
were no reports of the forced expulsion of anyone having a valid claim 
to refugee status; however, government practice remains undefined.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to change their government and exercised 
that right in 1997 when the SLP defeated the UWP, which had governed 
with only one interruption since 1964. The SLP won 16 of 17 seats, 
campaigning on a platform of job creation and economic diversification 
and appealing explicitly to women and younger voters. In response to 
concerns about the size of the SLP's parliamentary majority, Prime 
Minister Anthony publicly emphasized that the Government would make 
efforts to reach out to the opposition to ensure that the country's 
democratic traditions were not undermined by the small size of the 
parliamentary opposition. The 1996 merger of smaller parties--the 
Concerned Citizens' Movement, the Saint Lucia Freedom Party, and the 
Citizens' Democratic Party--into the SLP left the country with only two 
major political parties. The Governor General, who had been affiliated 
with the UWP, stepped down following the elections. He was replaced by 
Pearlette Louisy.
    Under the Constitution, general elections must be held at least 
every 5 years by secret ballot, but may be held earlier at the 
discretion of the government in power. Two members of the Senate are 
independent, appointed by the Governor General.
    There are no legal impediments to participation by women and 
minorities in government and politics; however, women and minorities 
are underrepresented. Two of the 13 members of the Cabinet are women, 
as is the Governor General.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government generally does not restrict international or 
nongovernmental investigations of alleged violations of human rights. 
In some cases it has requested international organizations to 
investigate possible abuses.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    Government policy is nondiscriminatory in the areas of housing, 
jobs, education, and opportunity for advancement. There are no legal 
restrictions on the role of women or minorities.
    Women.--There is increased awareness of the seriousness of violence 
against women. The Government does not prosecute crimes of violence 
against women unless the victim 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. In 1997 
the Government established a family court to hear cases of domestic 
violence and crimes against women and children.
    The police force conducts some training for police officers 
responsible for investigating rape and other crimes against women, but 
there is no special unit that handles 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 1994 Domestic Violence Act allows a judge to issue a protection 
order prohibiting an abuser from entering or remaining in the place 
where the victim is. It also allows the judge to order that an abuser's 
name be removed from housing leases or rental agreements, with the 
effect that the abuser would no longer have the right to live in the 
same residence as the victim.
    The Saint Lucia Crisis Center for women was established in 1988 in 
Castries, the capital; a second opened in the southern town of Vieux 
Fort in January. These centers monitor cases of physical and emotional 
abuse and help clients deal with such problems as incest, nonpayment of 
child support, alcohol and drug abuse, homelessness, custody, and 
visitation rights. The Crisis Center has publicized the plight of 
battered women and has protested the rare deaths of women who were 
victims of domestic violence. The organizers also are working to 
establish a shelter for battered women and homeless girls, but no 
progress had been made at year's end. The Crisis Center reports that 
the number of new cases declined since the establishment of the family 
court because women can seek help in two places. Some secondary schools 
address the problems of sexual harassment and battering in their 
curriculum topics.
    Women's affairs come under the jurisdiction of the Ministry of 
Health, Human Services, Family Affairs, and Women. The Minister is 
responsible for protecting women's rights in domestic violence cases 
and preventing discrimination against women, including ensuring equal 
treatment in employment.
    Children.--Since independence, successive governments have given 
high priority to improving educational opportunities and health care 
for the nation's children. Education is free and compulsory from age 5 
through 15. However, only about one-third of primary school children 
continue on to secondary schools, and the drop-out rate from primary to 
secondary school is higher for boys than for girls. Government clinics 
provide prenatal care, immunization, child health care, and health 
education services throughout the island.
    A broad legal framework exists for the protection of children 
through the Criminal Code, the Children and Young Persons Act, the 
Family Court Act, the Domestic Violence Act, and the Attachment of 
Earnings Act. Although the Government adopted a national plan of action 
in November 1991 for the survival, protection, and development of 
children, it has not fulfilled this program by implementing effective 
programs. The Saint Lucia Crisis Center reports that the incidence of 
child abuse remains high.
    People with Disabilities.--No specific legislation protects the 
rights of the disabled, nor mandates provision of access to buildings 
or government services for them. There is no rehabilitation facility 
for the physically disabled, although the Health Ministry operates a 
community-based rehabilitation program in residents' homes. There are 
schools for the deaf and for the blind up to the secondary level. There 
is also a school for the mentally retarded.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution specifies the right 
of workers to form or belong to trade unions under the broader rubric 
of the right of association. Most public sector employees are 
unionized; about 20 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. There are no 
restrictions on the formation of national labor federations. In 1994 
several of the major unions formed an umbrella grouping called the 
Industrial Solidarity Pact.
    Strikes in both the public and private sectors are legal, but there 
are many avenues through collective bargaining agreements and 
government procedures that may preclude a strike. The law prohibits 
members of the police and fire departments from striking. Other 
``essential services'' workers--water and sewer authority workers, 
electric utility workers, nurses, and doctors--must give 30 days' 
notice before striking.
    Unions are free to affiliate with international organizations, and 
some have done so.
    b. The Right to Organize and Bargain Collectively.--Unions have the 
legal right to engage in collective bargaining, and they fully exercise 
this right. Union representatives have reported attempts by the 
Government and other employers to undermine this process.
    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. However, in practice many firms 
resist union efforts to organize in the EPZ's, even to the point of 
closing operations.
    c. Prohibition of Forced or Compulsory Labor.--The Government 
prohibits forced or compulsory labor, and it is not known to occur. 
While there is no specific prohibition of forced or bonded labor by 
children, there were no reports of such practices.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--While the Children and Young Persons Act permits a minimum 
legal working age of 14 years, education legally is required through 
age 15. Ministry of Labor officials are responsible for enforcing the 
law. There were no reports of violations of child labor laws. The 
Government does not prohibit specifically forced and bonded labor by 
children, but such practices are not known to occur (see Section 6.c.).
    e. Acceptable Conditions of Work.--The Wages Regulations (Clerks) 
Orders, in effect since 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 and family, but some 
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.
    f. Trafficking in Persons.--There are no laws that specifically 
address trafficking in persons. There were no reports that persons were 
trafficked in, to, or from the country.
                                 ______
                                 

                    SAINT VINCENT AND THE GRENADINES

    St. Vincent and the Grenadines is a multiparty, parliamentary 
democracy and a member of the Commonwealth of Nations. A prime 
minister, a cabinet, and a unicameral legislative assembly compose the 
Government. The Governor General, appointed by the British monarch, is 
the titular head of state, with largely ceremonial powers. Prime 
Minister Sir James F. Mitchell and his New Democratic Party (NDP) were 
returned to power for an unprecedented fourth term by a slim margin in 
free and fair elections held in June 1998. The judiciary is 
independent.
    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 police continued to commit some human rights 
abuses.
    St. Vincent has a market-based economy. Much of the labor force is 
engaged in agriculture. Bananas are the leading export and a major 
source of foreign exchange earnings. However, the banana industry is 
declining, and the growing tourism sector is becoming the leading 
earner of foreign exchange. Unemployment is estimated to be 20 percent, 
and the 1998 per capita gross domestic product was approximately 
$2,400.
    The Government generally respected citizens' human rights; however, 
there were problems in a few areas. The principal human rights problems 
continued to include occasional instances of excessive use of force by 
police, the Government's failure to punish adequately those responsible 
for such abuses, poor prison conditions, and an overburdened court 
system. Violence against women and abuse of children also were 
problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings.
    On December 14, a police antidrug patrol shot and killed Junior 
Harry, who they said was fleeing while the patrol conducted a search 
for narcotics in buildings near the town of Barrouallie. A police 
spokesman said that Harry was armed with a shotgun. At year's end, the 
authorities had not yet scheduled the inquest to establish whether 
police used excessive force, which is the normal procedure in such a 
case.
    There was one death in custody under circumstances involving 
criminal negligence (see Section 1.c.).
    In June 1998, the police shot and killed a man who had been 
arrested, when he attempted to flee the police station in handcuffs. 
The authorities initially arrested and charged the officer responsible 
for the shooting death with murder, but they later reduced the charge 
to manslaughter. The officer was released on bail, and a magistrate 
acquitted him at the preliminary inquiry early in the year.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture and other forms of 
cruel, inhuman, or degrading treatment or punishment. However, regional 
human rights groups have noted that a high percentage of convictions 
are based on confessions. One human rights group believes that some of 
these confessions resulted from unwarranted police practices, including 
the use of physical force during detention, illegal search and seizure, 
and failure properly to inform those arrested of their rights.
    There is no independent review board to monitor police activity and 
to hear public complaints about police misconduct. Human rights 
advocates recommend such a board to protect the rights of citizens who 
complain about police misconduct.
    On June 25, one individual died of injuries sustained while in 
police custody. The police detained the person in the police station at 
about 5:00 p.m. that day. Later the same evening, they took the 
detainee to the local hospital where he was pronounced dead as a result 
of severe head injuries. On August 12, a coroner's inquest 
investigating the death found the deathto have been due to criminal 
negligence. The authorities suspended the six police officers 
implicated in the abuse, and the acting director of public prosecutions 
filed charges against the officers for manslaughter due to gross 
criminal negligence. In December the magistrate conducting the 
preliminary inquiry dismissed the cases against the police officers. 
The magistrate recognized that the death was due to negligence, but 
stated that he was unable to apportion the blame among the six 
officers.
    Prison conditions are poor. Antiquated and overcrowded prisons, 
with over 350 inmates in a prison designed for 75, result in serious 
health and safety problems. An inmate who wishes to speak with his 
lawyer must do so by written correspondence, and the authorities 
sometimes monitor and censor such correspondence. In July prisoners 
rioted and seized control of the prison to protest poor conditions and 
treatment. The riot ended peacefully within 24 hours. To resolve the 
prison disturbances, the Government acceded to some demands set by the 
prisoners, such as improved food, shorter lock-down periods, and more 
attentive medical care. However, conditions did not change 
significantly in the prison and less violent incidents of prisoner 
protest continued.
    Conditions are also inadequate for juvenile offenders. There is a 
small facility for delinquent boys, but it is seriously inadequate and 
generally is used for those already convicted through the criminal 
system. Although separate legal statutes exist for youthful offenders, 
there are no separate magistrates or prosecutors to handle such cases.
    In 1998 the High Court ruled against the Superintendent of Prisons 
for having ordered corporal punishment with a ``cat-o-nine tails'' 
against an inmate, characterizing the flogging as torture. In July 
1998, the Eastern Caribbean Court of Appeal dismissed the Government's 
appeal of this decision and ordered the High Court to determine an 
amount of compensation for the prisoner. In October the High Court 
judge awarded compensation to the prisoner of about $85,000 
(EC$225,000).
    The Government permits prison visits by independent human rights 
monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
provides for persons detained for criminal offenses to receive a fair 
hearing within a reasonable time by an impartial court. Although there 
are only two official magistrates, the registrar of the High Court and 
the presiding judge of the family court effectively serve as 
magistrates when called upon to do so. While this practice reduced the 
backlog, complaints remain regarding police practices in bringing cases 
to court. Some defense attorneys claim that this has caused 6- to 12-
month delays in preliminary inquiries for serious crimes.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent and impartial court, and the judiciary is independent in 
practice.
    The judiciary consists of lower courts and a High Court, with 
appeal to the Eastern Caribbean Court of Appeal and final appeal to the 
Privy Council in the United Kingdom. There are three magistrates, plus 
one magistrate who serves only the family court.
    The Constitution provides for public trials. 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 verdicts and penalties. There is a large backlog 
of pending cases, particularly for criminal cases, because of delaying 
tactics by lawyers as well as the overburdened judicial system.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits arbitrary search and 
seizure or other government intrusions into the private life of 
individual citizens, and there were no reports of such abuses.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects this right in practice.
    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. However, 
individual journalists believe that government advertising, a 
significant source of revenue, sometimes is withheld from newspapers 
that publish articles that are less than favorable to the Government.
    The lone television station in St. Vincent is privately owned and 
operates without government interference. Satellite dishes are popular 
among those who can afford them. There is also a cable system with 
mainly North American programming that has about 300 subscribers. The 
Government controls programming for the government-owned radio station.
    The Government does not restrict academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for these rights, and the Government respects them in 
practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for these rights, and 
the Government respects them in practice.
    No formal government policy toward refugee or asylum requests 
exists. The issue of the provision of first asylum did not arise. There 
were no reports of forced expulsion of anyone having a valid claim to 
refugee status; however, government practice remains undefined.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to change their government through 
regularly scheduled free and fair elections. St. Vincent has a long 
history of multiparty parliamentary democracy. During the June 1998 
election, the ruling New Democratic Party won a slim 1-seat majority (8 
of 15) in Parliament, despite losing the popular vote by a 55 to 45 
percent margin to the opposition Unity Labour Party (ULP). Calling this 
outcome an ``overt manifestation of rejection by the public'' of Prime 
Minister Mitchell's Government, the ULP made claims of election fraud 
and demanded new elections. The Prime Minister refused the ULP demand, 
and instead proposed a constitutional review to consider possible 
amendments such as a provision for proportional representation.
    There are no legal impediments to women's full participation in 
politics or government; however, they are underrepresented. There is 
only one woman in Parliament, as a member of the opposition.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Opposition political groups and the Vincentian press often comment 
on human rights matters of local concern. The St. Vincent and the 
Grenadines Human Rights Association (SVGHRA) monitors government and 
police activities, especially with respect to treatment of prisoners, 
publicizing any cases of abuse. The Government is generally responsive 
to public and private inquiries about its human rights practices.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides for equal treatment under the law 
regardless of race, sex, or religion, and the Government adheres to 
this provision.
    Women.--Violence against women, particularly domestic violence, 
remains a major problem. The Government took legislative steps to 
address this problem through the Domestic Violence/Matrimonial 
Proceedings Act (1994) and the more accessible Domestic Violence 
Summary Proceedings Act (1995). Both laws provide for protective 
orders, as well as occupation and tenancy orders, although the former 
is only accessible through the High Court, whereas the latter can be 
obtained without the services of a lawyer in family court. Since 
passage of the laws, the SVGHRA has conducted numerous seminars and 
workshops throughout the country to familiarize citizens with their 
rights under these acts. Increasing numbers of women are coming forward 
with domestic violence complaints.
    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.
    In 1995 the legislature amended the Child Support Law to allow for 
payments ordered by the courts even when notice of an appeal has been 
filed. Previously, fathers who had been ordered to pay child support 
could appeal decisions and not pay while the appeal was being heard. 
This resulted in a huge backlog of appeal cases and effectively reduced 
the number of mothers and children receiving support payments. The 
family court was established in 1995 in the capital city of Kingstown 
with one magistrate. According to the SVGHRA, because there is only one 
bailiff to service all the country, summonses often are not served on 
time for cases to be heard as scheduled in court.
    The Ministry of Education, Women's Affairs, and Culture has a 
women's desk that 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.
    Marion House, a social services agency established by the Catholic 
Church in 1989 and staffed by four trained counselors and three foreign 
volunteers, provides counseling and therapy services.
    Children.--Education is not compulsory, but the Government states 
that it investigates cases where children are withdrawn from school 
before the age of 16. Although the Government has played a more 
prominent role in legislating health and welfare standards since 
independence, the infant mortality rate is still very high. One 
underlying cause is the large number of children born to teenage 
mothers.
    The Domestic Violence Summary Proceedings Act provides a limited 
legal framework for the protection of children. Nevertheless, reports 
of child abuse remain high and are on the increase. The Social Welfare 
Office is the government agency responsible for monitoring and 
protecting the welfare of children. The police are the enforcement arm; 
the Social Welfare Office refers all reports of child abuse to the 
police for action.
    People with Disabilities.--There is no specific legislation 
covering persons with disabilities, and the circumstances for disabled 
individuals are generally difficult. Most severely disabled people 
rarely leave their homes because of the poor road system and lack of 
affordable wheelchairs. The Government partially supports a school for 
the disabled which has two branches. A separate, small rehabilitation 
center treats about five persons daily.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides citizens 
the right to form unions and to organize employees, while the Trade 
Unions and Trade Disputes Act allows the right to strike. Employers 
often ignore the constitutional provisions that provide for union 
rights, and claim that they have a constitutional right not to 
recognize a trade union. However, some employers seek a good industrial 
relations environment and cooperate with trade unions. There were no 
major strikes during the year.
    St. Vincent and the Grenadines joined the International Labor 
Organization in 1997 and assumed all its obligations for enforcement of 
labor standards.
    Unions have the right to affiliate with international bodies.
    b. The Right to Organize and Bargain Collectively.--There are no 
legal obstacles to organizing unions; however, no law requires 
employers to recognize a particular union as an exclusive bargaining 
agent. Some companies offer packages of benefits with terms of 
employment better than, or comparable to, what a union normally can 
obtain through negotiations. The law prohibits antiunion discrimination 
by employers. 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 or give 
them severance pay.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Government 
prohibits forced or compulsory labor, and it is not known to occur. The 
Government does not specifically prohibit forced or bonded labor by 
children, but there were no reports that it occurred.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law sets the minimum working age at 16 years of age, 
although a worker must be 18 years of age to receive a national 
insurance card. The labor inspection office of the Ministry of Labor 
monitors and enforces this provision, and employers generally respect 
it in practice. The age of leaving school at the primary level is 15 
years; when these pupils leave school, they are usually absorbed into 
the labor market disguised as apprentices. There is no known child 
labor except for children working on family-owned banana plantations, 
particularly during harvest time, or in family-owned cottage 
industries. The Government does not prohibit specifically forced or 
bonded labor by children, but there were no reports that it occurred 
(see Section 6.c.).
    e. Acceptable Conditions of Work.--The law sets minimum wages, 
which were last promulgated in 1989. They vary by sector and type of 
work and are specified for several skilled categories, including 
attendants, packers, cleaners, porters, watchmen, and clerks. In 
agriculture the wage for workers provided shelter is $0.82 (EC$2.25) 
per hour; skilled industrial workers earn $7.36 (EC$20) per day, and 
unskilled workers earn $3.68 (EC$10) per day. In many sectors the 
minimum wage is not sufficient to provide a decent standard of living 
for a worker and family, but most workers earn more than the minimum. 
The Wages Council, according to law, should meet every 2 years to 
review the minimum wage, but it has not met since 1989. However, in 
mid-year the Cabinet agreed to convene a new Wages Council to discuss 
changes to the minimum wage. At year's end, the council's meeting was 
postponed until March 2000.
    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 Labor, 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. 
Workers enjoy a reasonably safe working environment; however, the trade 
unions have dealt with some violations relating to safety gear, long 
overtime hours, and the safety of machinery. There were some reports of 
significant visual deficiency by visual display unit workers, and some 
reports of hearing impairment by power station and stone crushing 
employees. It was not clear under present legislation whether workers 
have the right to remove themselves from work situations that endanger 
health or safety without jeopardy to their continued employment.
    f. Trafficking in Persons.--There are no laws specifically 
addressing trafficking in persons. There were no reports that persons 
were trafficked in, to, or from the country.
                                 ______
                                 

                                SURINAME

    After over a decade of predominantly military rule, Suriname 
installed a freely elected Parliament and inaugurated a democratically 
chosen president in 1991. Another free and fair election was held in 
May 1996, but no candidate was able to secure the two-thirds majority 
of the 51-member National Assembly necessary to elect a president. In 
accordance with the Constitution, an 836-member United People's 
Assembly, a broadly representative, democratically chosen body, then 
voted in Jules Wijdenbosch of the National Democratic Party (NDP) as 
President in September 1996. Wijdenbosch formed a cabinet from members 
of the NDP, the ethnic-Hindustani Grassroots Party for Renewal and 
Democracy, the ethnic-Javanese KTPI party, and several smaller 
political parties. Although the Constitution provides for an 
independent judiciary, an ongoing dispute between the previously 
sitting judges and a new slate Wijdenbosch appointed has damaged 
severely the concept of an independent judiciary. As a result, the 
effectiveness of the courts is even more limited in practice.
    The armed forces are responsible for national security and border 
and immigration control and are under the control of the civilian 
Minister of Defense. Civilian police bear primary responsibility for 
the maintenance of law and order and report to the Ministry of Justice 
and Police. The Venetiaan government had taken steps to reform the 
military in 1995-96 by purging military officers and supporters of 
former dictator Desi Bouterse, who ruled the country in the 1980's. 
Although Bouterse loyalists continue to hold civilian positions of 
authority, their influence within the military has declined steadily. 
The military hierarchy has placed a growing emphasis on civilian 
control over the military. During large antigovernment street 
demonstrations in May, the military remained apolitical and rejected 
suggestions for military intervention. Members of the security forces 
continue to be responsible for some human rights abuses.
    The economy depends heavily on the export of bauxite derivatives. 
Unregulated gold mining is an increasingly important economic activity 
that highlights a lack of land rights for indigenous and tribal people 
and has a serious environmental impact. The Government and state-owned 
companies employ over half the working population. Overall economic 
conditions deteriorated during the year. Following an inflation rate of 
5 percent for most of 1997 and 22 percent in 1998, in 1999 inflation 
had reached an estimated annual rate of 121 percent. In addition, 
estimated gross domestic product declined by 1 percent in 1999. Per 
capita annual income was about $2,500.
    The Government generally respected the human rights of its 
citizens; however, endemic problems still remain in some areas. There 
was one incident of extrajudicial killing. Police mistreat detainees, 
particularly during arrests; guards abuse prisoners; and local 
detention facilities remain overcrowded. The judiciary suffers from 
ineffectiveness and a huge case backlog. There was some harassment and 
media self-censorship, and societal discrimination against women and 
indigenous and tribal people persists. Violence against women is a 
problem. In view of the human rights record of the Bouterse regime, 
many of whose members participate in the current Government, human 
rights organizations remain concerned about the potential for a 
deterioration of civil liberties. The Wijdenbosch administration has 
not addressed calls to investigate human rights abuses by previous 
regimes, other than by appointing a committee in December 1997 to 
establish a framework for an investigative commission. However, the 
Government did participate in an independently sponsored ``Truth and 
Reconciliation'' conference in August 1998. The preliminary meeting 
sought to solicit suggestions for the framework of a human rights 
commission and included frank discussion of human rights violations 
committed during the 1980's, but no concrete action followed.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings.
    In June police officers shot and killed two innocent men whom they 
mistook for escaped armed felons. The Government immediately admitted 
it was at fault and compensated the families. The families also sued 
the Government in civil court.
    While there have been no recent reports of political killings, the 
Government has not addressed past abuses, and they continue to be a 
focus of concern. The authorities have not taken action against prison 
guards who allegedly beat a prisoner to death in 1993. The Government 
undertook no investigation into the 1982 executions by the Bouterse 
regime of 15 opposition leaders and the 1986 massacre of civilians at 
the village of Moiwana.
    However, in December 1997 the Wijdenbosch administration appointed 
a ``committee to establish the framework for a commission to 
investigate past human rights abuses.'' Human rights groups, which had 
been pressing since 1995 for an independent human rights commission to 
investigate violations committed during the 1980's, were neither 
informed nor consulted prior to the establishment of the committee. 
Moreover, the chairman of the committee was reportedly a member of 
Bouterse's team of legal advisers; his appointment raised questions 
regarding the objectivity of the group's work. Although the committee's 
report was presented to the President in September, the Government has 
not yet released its contents or recommendations.
    The Organization for Justice and Peace, a nongovernmental 
organization (NGO), sponsored a ``Truth and Reconciliation'' conference 
in August 1998 aimed at creating an independent truth commission for 
the country. Representatives from both local and international human 
rights organizations, as well as high-level government officials 
including the Vice President, attended the conference. Although it was 
only a preliminary meeting, there was at times frank discussion of the 
human rights violations committed during the 1980's. However, there 
were no significant developments regarding these problems.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    However, the Government took no action to investigate allegations 
of disappearances that occurred under previous regimes.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits inhuman treatment or 
punishment, but human rights groups continue to express concern about 
official mistreatment and have documented cases of police mistreatment 
of detainees, particularly during arrests, and guard abuse of 
prisoners. Local detention facilities remain overcrowded.
    The police used tear gas to disperse at times violent 
demonstrations in May, and fired at least one shot that struck a 
demonstrator (see Section 2.b.).
    Prison conditions are poor. With the completion of a new prison in 
1996, there are three state prisons and several detention facilities at 
police stations, where arrestees are detained until they appear before 
a judge for trial. Human rights activists are concerned about 
conditions in the prisons and especially about conditions in local 
detention facilities. They report that the jails are overcrowded, that 
guards mistreat prisoners, and that medical care and living conditions 
are inadequate. Police officers, who are not trained in prison work, 
serve as the jailers at local detention facilities, a situation that 
human rights groups assert contributes to the abuses.
    In February the human rights group Moiwana '86 issued a report that 
accused prison officials at two of the federal prisons of using 
electrical shocks to discipline prisoners. The report further asserted 
that different ethnic groups receive different forms and degrees of 
punishments. Prison officials denied the accusations, and the 
Government took no investigative action. Moiwana '86 did not pursue the 
issue further.
    The completion of a new prison and renovation of existing jails 
have reduced somewhat the problems and improved overall health and 
safety conditions. However, the older jails remain seriously 
overcrowded, with as many as four times the number of detainees for 
which they were designed. In addition, these older prisons are 
unsanitary. At police stations, guards allow detainees no exercise and 
only rarely permit them to leave the cells. Detainees and human rights 
groups also complain about inadequate prison meals, although families 
are permitted and encouraged to provide food to incarcerated relatives.
    In January 1996, Moiwana '86 implemented a program to monitor the 
condition of prisoners. Representatives of the group report that in 
general they have access to prisoners and receive cooperation from 
prison officials on routine matters. Moiwana '86 and the police 
cooperated to develop a detention officer training program for police 
guards working at the local detention facilities. The program consists 
of lectures given at the state prison to both guards and to prisoners.
    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest and detention, and the authorities generally respect 
these provisions in practice. However, delays resulting from the split 
in the judiciary have caused prisoners who appeal their sentences to 
remain in prison until a ruling is reached on their appeal, even if 
they have served the full term of their original sentence. Lawyers have 
filed complaints, but the problem has not been resolved.
    The law provides that the 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. During the 14-day period, the law also permits 
incommunicado detention, which must be authorized by an assistant 
district attorney or a police inspector. 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.
    Pretrial detainees, who constitute a large percentage of inmates, 
are routinely held without being brought before a judge. They are often 
held in overcrowded detention cells at local police stations. Of those 
held in police custody or detention cells, a steadily growing number 
had already been convicted but not placed in prisons.
    In October 1997, the authorities arrested 25 men for allegedly 
attempting to overthrow the Government. One of the ringleaders was 
hospitalized for injuries sustained during his arrest. The detainees 
were accorded due process under the law and were given access to 
attorneys and family members. In August the coup plotters were 
sentenced formally. The presiding judge issued mostly moderate 
sentences of approximately 2 years' imprisonment for each person, with 
the exception of the leaders, who received approximately 4 years' 
imprisonment.
    The military police continued to observe the requirement to hand 
over civilians arrested for committing a crime in their presence to the 
civil police. The military police continued to control 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.
    e. Denial of Fair Public Trial.--Although the Constitution provides 
for an independent judiciary, an ongoing dispute between the previously 
sitting judges and a new slate that Wijdenbosch appointed has damaged 
severely the concept of an independent judiciary. As a result, the 
effectiveness of the civilian and military courts is even more limited 
in practice.
    The judicial system consists of three lower courts and an appeals 
court; there is no Supreme Court. In July 1998, President Wijdenbosch 
named a new President of the Court of Justice and Prosecutor General 
without consulting with, and over the objections of, the sitting 
justices. Most legal authorities interpret the Constitution to require 
that consultation, and the members of the court refused to recognize 
the named President of the court or Prosecutor General. In spite of the 
continued objections, President Wijdenbosch named additional justices 
without consultation in December 1998. In May the appointed President 
of the Court of Justice first swore in himself and then the new 
justices. Both groups of justices have set their own agendas for the 
next series of court sessions. The 1987 Constitution calls for the 
establishment of an independent constitutional court. However, the 
Government has not taken anysteps to set up such a court, and the 
timing of its establishment remains unclear.
    The Constitution provides for the right to a fair public trial in 
which defendants have the right to counsel if needed. The courts assign 
lawyers in private practice to defend prisoners and pay them from 
public funds. However, the court-assigned lawyers usually only show up 
at the trial, if they show up at all. The courts must, and in practice 
do, free a detainee who is not tried within the 164-day period. In one 
instance, a court levied a fine against the Government for failing to 
release detainees as directed by the court. Trials are before a single 
judge, with the right of appeal. Due to the conflict over the 
legitimacy of the President of the Court and the justices, there is a 
huge backlog in the judicial system.
    Military personnel generally are not subject to civilian criminal 
law. A soldier accused of a crime immediately comes under military 
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.
    Foreign military instructors conducted human rights and military 
justice seminars in 1998 and 1999. These seminars provided continued 
opportunities for civilian government officials, private sector 
representatives, and military personnel to discuss human rights and the 
role of the military in a democracy.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the right to privacy. 
The law requires warrants for searches, which are issued by quasi-
judicial officers who supervise criminal investigations. The police 
obtain them in the great majority of investigations. There have been 
complaints of surveillance of human rights workers by members of the 
military police and the division of central intelligence.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects these rights; however, there were reports of intimidation and 
harassment.
    The parliamentary and extraparliamentary opposition criticize the 
Government freely. Some media members continue to practice some self-
censorship because of the history of intimidation and reprisals by 
certain elements of the former military leadership.
    The Government publicly reprimanded radio stations and newspapers 
for their negative coverage of protest demonstrations that took place 
in May. Although the Government threatened to censor the press, it 
ultimately took no action, and there continued to be reports 
unfavorable to the Government.
    On December 8, 1997, three men kidnaped, beat and threatened a 
journalist. The incident occurred on the anniversary of the 1982 
murders of 15 political opponents of the Bouterse regime and appeared 
aimed at stifling criticism in the local press. In June 1998, a Dutch 
journalist, who was principally covering political and economic issues, 
was kidnaped, beaten, and threatened. Both incidents remain under 
investigation.
    The two daily newspapers, three television stations, and most of 
the radio stations are privately owned. Two television stations and two 
radio stations are publicly owned. Three companies provide cable 
television, which includes international channels.
    The Government respects academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government generally 
respected this right in practice. However, in response to a series of 
public demonstrations in May, the Government announced that it intended 
to begin enforcing a 1930's law requiring a permit to hold a public 
demonstration orgathering. After the announcement, in late July the 
authorities detained two opposition leaders for demonstrating without a 
permit but quickly released them. Subsequent public marches were 
allowed to proceed without permits.
    There was a series of generally peaceful demonstrations in May in 
protest of economic conditions. The demonstrations resulted in several 
violent confrontations, one of which involved a police officer whom 
demonstrators pushed through a ground floor window. Police used tear 
gas to disperse the crowds on two occasions. During one demonstration, 
a police office discharged his revolver when confronted by an advancing 
crowd, injuring a demonstrator with a ricocheting bullet.
    The Constitution provides for freedom of association, and the 
Government respected this right in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Citizens may change their residence and 
workplaces 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, 
generally for economic reasons. Citizenship is not revoked for 
political reasons.
    The Government cooperates with the office of the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees. The issue of the provision of first asylum did not 
arise in 1999. There were no reports of forced return of persons to a 
country where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for this right, but in the past the 
military prevented its effective exercise. Although the military has 
twice handed over power to elected civilian governments following 
coups, 1996 marked the first time since independence from the 
Netherlands in 1975 that one elected government succeeded another in 
accordance with constitutional provisions. The 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 
both in the 1991 and 1996 national elections, the Constitution provides 
that a national people's assembly, comprising members of parliament and 
regional and local officials, shall elect the President.
    While the Constitution is clear on how the executive and 
legislative branches of government are chosen to begin their terms, it 
is vague about how they may be removed or replaced in midterm. 
Questions arose following street protests in May as to whether the 
President had the authority to dissolve the National Assembly and call 
early elections or whether the National Assembly could vote the 
President out of office with a simple majority no-confidence vote. With 
no constitutional court yet established, there exists no definitive 
interpretive authority to settle such disputes, creating the potential 
for future constitutional conflict.
    The Constitution provides for the organization and functioning of 
political parties. Many parties and political coalitions are 
represented in the National Assembly.
    There are historical and cultural impediments to equal 
participation by women in leadership positions in government and 
political parties. In the past, most women were expected to fulfill the 
roles 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 male-
dominated groups, and women are disadvantaged in seeking high public 
office. In 1996 voters elected six women to the National Assembly, 
compared with three who held seats in theprevious assembly, and the 
Assembly appointed a woman as chairperson. The Cabinet includes one 
woman as Minister of Regional Development and another as Deputy 
Minister of Social Affairs.
    Although the Constitution proscribes racial or religious 
discrimination, several factors limit the participation of Maroons 
(descendants of escaped slaves who fled to the interior to avoid 
recapture) 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 in the interior and 
therefore have limited access to, and influence in, the political 
process. Voters elected the first Amerindians to the National Assembly 
in 1996. There are six Maroons and two Amerindians in the National 
Assembly. There are no Maroons or Amerindians in the Cabinet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Human rights groups operate without government restriction, 
investigating and publishing their findings on human rights cases; 
however, government officials generally are not cooperative or 
responsive to their views.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution and laws, with the exception of ethnic marriage 
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.
    Women.--Violence against women is a problem. The law does not 
differentiate between domestic violence and other forms of assault. The 
Government has not addressed specifically the problem of violence 
against women. According to a national women's group, victims continue 
to report cases of violence against women and complain of an inadequate 
response from the Government and society to what appears to be a trend 
of increasing family violence. Although the police have been reluctant 
to intervene in instances of domestic violence, a national women's 
group noted that police attitudes have improved significantly as a 
result of training conducted during the year.
    There are no specific laws to protect women against trafficking and 
sexual exploitation. There were credible reports of trafficking in 
women for prostitution (see Section 6.f.).
    Women have the right to equal access to education, employment, and 
property. Nevertheless, social pressures and customs, especially in 
rural areas, inhibit their full exercise of these rights, particularly 
in the areas of marriage and inheritance. Women experience economic 
discrimination in access to employment and in rates of pay for the same 
or substantially similar work. The Government has not made specific 
efforts to combat economic discrimination.
    The National Women's Center is a government agency devoted to 
women's issues; there is also a women's policy coordinator. Their 
effectiveness is limited severely by financial and staffing 
constraints. The principal concerns of women's groups are political 
representation, economic vulnerability, violence, and discrimination.
    Children.--School attendance is free and compulsory until 12 years 
of age, but some school-age children do not have access to education 
because of a lack of transportation, facilities, or teachers. There is 
no difference in the treatment of girls and boys in education or health 
care services. Both students and parents complained about the 
Government's decision to double enrollment fees for public school. 
Children face increasing economic pressure to discontinue their 
education in order to work.
    The Government allocates only limited resources to ensure 
safeguards for the human rights and welfare of children. There are 
continuing reports of malnutrition among poor children, but it is 
difficult to quantify the extent of the problem. In the capital, where 
most of the country's population is concentrated, there are several 
orphanages, and a privately funded shelter for sexually abused children 
opened in 1993. Elsewhere, distressedchildren must usually rely on the 
resources of their extended families.
    There is no societal pattern of abuse directed against children; 
however, some children are sexually exploited and there were credible 
reports of trafficking in girls for prostitution (see Section 6.f.). 
The legal age of consent is 21; however, it is not strictly enforced, 
and the Asian Marriage law lowers the marriage age for children of 
Asian descent to 13 years for girls and 14 years for boys.
    People with Disabilities.--There are no laws concerning 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.
    Indigenous People.--The Constitution affords no special protection 
for, or recognition of, indigenous people. Most 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 has been very slow.
    The Government appointed the Consultative Council for the 
Development of the Interior in September 1995. This Council, provided 
for in the 1992 peace accords that formally ended the insurgencies, 
includes representatives of the Maroon and Amerindian communities. The 
Government did not, however, consult with representatives of these 
communities about the granting of gold and timber concessions on 
indigenous and tribal lands.
    Organizations representing Maroon and Amerindian communities 
complain that small-scale mining operations, mainly illegal Brazilian 
gold miners, dig trenches that cut residents off from their 
agricultural land and threaten to drive them away from their 
traditional settlements. Mercury runoff from these operations also 
contaminates and threatens traditional food source areas.
    Maroon and Amerindian groups continue to cooperate with each other 
in order to exercise their rights more effectively. Two summits, or 
``gran krutus,'' bringing together Maroon and Amerindian tribal 
leaders, have been held, the most recent in September 1996. During 
these summits, indigenous leaders reiterated their demands for the 
right to participate in decisions concerning the use of natural 
resources on land they claim as their own and for greater autonomy from 
the Government.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution protects the right 
of workers to associate and to choose their representatives 
democratically. Nearly 60 percent of the work force is organized into 
unions, and most unions belong to one of the country's six major labor 
federations. Unions are independent of the Government but play an 
active role in politics. The small Labor Party has historically been a 
very influential force in government.
    The Constitution provides for the right to strike. Civil servants 
have the right to strike, and strikes in both the public and private 
sectors are common as workers try to secure wage gains to protect their 
earning power from inflation.
    There are no restrictions on unions' international activities. 
Several labor federations were accepted once again as affiliates of 
international trade union organizations, after having been suspended 
for collaboration with the military regime in the late 1980's.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution explicitly recognizes these rights, and the authorities 
respect them in practice. Collective bargainingagreements 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 employee must be reinstated.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, and there were no reports that it 
occurred. However, there were credible reports of trafficking in women 
and girls for prostitution (see Section 6.f.). The law prohibits forced 
and bonded labor by children, and such practices are not known to 
occur.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law sets the minimum age for employment at 14 years. 
However, the Ministry of Labor and the police enforce this law only 
sporadically. Children under 14 years of age work as street vendors, 
newspaper sellers, or shop assistants. Working hours for youths are not 
limited in comparison with the regular work force. School attendance is 
compulsory until 12 years of age. The law prohibits forced and bonded 
labor by children, and there were no reports of such practices, 
although trafficking of girls for prostitution does occur (see Section 
6.f.).
    e. Acceptable Conditions of Work.--There is no minimum wage 
legislation. In January civil servants were granted a 20 percent pay 
increase, with a cost of living allowance of about $21 (Sfl 30,000). 
Including that allowance, the lowest wage for civil servants is about 
$56 (Sfl 78,000) per month at the official exchange rate, or about $52 
at the legal parallel market rate. This salary level makes it very 
difficult to provide a decent standard of living for a worker and 
family. Government employees, who constitute close to 50 percent of the 
work force of 100,000, frequently supplement their salaries with second 
or third jobs, often in the informal sector. The President and Council 
of Ministers set and approve civil service wage increases. Civil 
service and other wages are not keeping pace with inflation.
    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 safety and health regulations. Resource 
constraints and lack of trained personnel preclude the division from 
making regular inspections of industry. Accident rates in local 
industry do not appear to be high, and the key bauxite industry has an 
outstanding safety record. 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.
    f. Trafficking in Persons.--The only legislation specifically 
prohibiting trafficking in persons are old ``white slavery laws'' that 
are rarely enforced.
    There were credible reports of trafficking in women and girls for 
prostitution. Women and girls from the interior are brought to the 
capital city and also to various gold mining locations in the interior. 
Several clubs in the capital are also known for recruiting women from 
Brazil and the Caribbean.
    In addition, alien smuggling organizations use the country as an 
intermediate destination to smuggle Chinese nationals, including women 
and girls, to the United States, where frequently they are forced into 
bonded-labor situations.
                                 ______
                                 

                          TRINIDAD AND TOBAGO

    Trinidad 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 a president, whose office is largely ceremonial. A 
12-member elected House of Assembly handles local matters on the island 
of Tobago. The judiciary is independent.
    The Ministry of National Security controls the police service and 
the defense force, which are 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.
    Oil and natural gas production and related downstream petrochemical 
industries form the basis of the market-based economy. The service 
sector is the largest employer, although continued industrialization 
has created many jobs in the construction industry. Agriculture, while 
contributing only 2 percent to gross domestic product, remains an 
important employer, both at the subsistence and commercial level. 
Although per capita income is over $4,700 annually, 13.1 percent 
unemployment contributes to a skewed income distribution, which has not 
improved despite economic growth of 5.6 percent. Government efforts to 
address this problem by further diversification into manufacturing and 
tourism have been only partially successful.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of dealing 
with individual instances of abuse. Nonetheless, poor prison 
conditions, long delays in trials, and violence against women remain 
problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and there were 
no reports that officials employed them.
    Prison conditions at the women's prison and two of the three men's 
prisons meet minimum international standards. However, conditions are 
worse in the Port of Spain prison, which was designed for 250 inmates, 
but houses about 1,000. Diseases such as chicken pox, tuberculosis, 
AIDS, and other viruses spread easily, and prisoners generally must 
purchase their own medication. Overcrowding plagued the entire prison 
system, which housed 4,900 inmates in prisons built to accommodate 
1,800. A new maximum security prison was opened in 1998 with 200 
inmates. With an eventual capacity of 2,100, this prison is expected to 
help alleviate the problem. However, plans to have the prison fully 
functional by June 1 were not met.
    The Government permits prison visits by human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest or detention, and the Government generally 
observes this prohibition.
    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. For 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 whether bail is appropriate. Magistrates may deny bail 
to violent or 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 anyinterrogation. 
However, the authorities do not always comply with these standards. 
Allegations of corruption among justices of the peace also raised 
concerns about compliance; the Government pledged to dismiss and 
prosecute any justice found to have violated these standards (see 
Section 1.e.).
    The Minister of National Security may authorize preventive 
detention in order to prevent actions prejudicial to public safety, 
public order, or national defense, and the Minister must state the 
grounds for the detention. A person detained under this provision has 
access to counsel and may have the 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.
    The Constitution prohibits exile, and it is not used.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government respects this provision in 
practice. The judiciary provides citizens with a fair judicial process. 
However, in September the Chief Justice warned that judicial 
independence was under attack by the executive branch, particularly the 
Attorney General, under the guise of increased accountability and 
improved efficiency. The Government refuted the allegations, and two 
independent commissions were appointed to review the issue.
    The court system consists of a court of appeal, a high court, and a 
magistrate's court. A criminal offense is first sent to a magistrate's 
court for a preliminary inquiry to determine if it can be heard before 
a magistrate without a jury. If the magistrate determines that the 
offense is a serious one, it is referred to the High Court, where it is 
heard before a judge and jury. All civil matters are heard by the High 
Court. Appeals can be filed with the local court of appeal and 
ultimately to the Privy Council in London. There is considerable 
support for abolishing appeals to the Privy Council and establishing a 
Caribbean Court of Justice, located in Trinidad and Tobago, to serve as 
the final court of appeal.
    The Constitution provides for the right to a fair trial, and an 
independent judiciary vigorously enforces this right. All criminal 
defendants have the right to an attorney. In practice the courts 
sometimes appoint attorneys for those persons charged with indictable 
offenses (serious crimes) if they cannot 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.
    Despite serious efforts to improve the judiciary, severe 
inefficiency remains in many areas. Several criminal cases were 
dismissed due to judicial or police inefficiency. Despite significant 
progress, lengthy trial delays remain a serious problem. Spurred by a 
desire to implement the death penalty, and in order to comply with a 
ruling by the Privy Council, the Cabinet established time limits for 
the courts to dispose of capital appeals. To accomplish this goal, the 
Attorney General created a case management unit to track capital 
appeals. The Government also allocated additional resources to help the 
courts deal with the extra workload. The courts remained open during 
the summer to clear many of the cases that had been on the books for 
more than 15 years.
    The Government continued to take steps against corruption in the 
criminal justice system. Over a 2-year period, the authorities charged 
at least 62 persons with various offenses after a presidential 
commission's investigation found collusion among justices of the peace, 
bailiffs, and police officers in the granting and fixing of bail. The 
Government revoked the licenses of 25 justices of the peace. It also 
brought charges against 11 justices of the peace, 31 bailiffs, 3 
attorneys, and 4 police officers. However, by year's end, only one of 
those indicted as a result of the commission's inquiry had come to 
trial. In that case, a court convicted one of the justices of the peace 
and sentenced him to 4 years' imprisonment.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law prohibits such practices, government 
authorities generally respect these prohibitions, and violations are 
subject to effective legal sanction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government respects this 
right in practice. An independent press and a functioning democratic 
political system combine to ensure freedom of speech and of the press.
    The three major daily newspapers freely and often criticized the 
Government in editorials. Widely read weekly tabloids tend to be 
extremely critical of the Government. All newspapers are privately 
owned. The two local television newscasts, one of which appears on a 
state-owned station, are sometimes critical of the Government but 
generally do not editorialize.
    A Board of Film Censors is authorized to ban films that it 
considers to be against public order and decency or contrary to the 
public interest. This includes films that it believes may be 
controversial in matters of religion or race, or that contain seditious 
propaganda. In practice films rarely are banned.
    The Government respects academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, and the Government respects this 
right in practice. The police routinely grant the required advance 
permits for street marches, demonstrations, or other outdoor public 
meetings. In August 1998, the Government amended the Summary Offences 
Act to put greater controls on the staging of public rallies. The 
amendments require that permits for public meetings and rallies be 
applied for 48 hours in advance instead of 24 hours. The fine for 
violation of the act was raised from about $275 (TT$2,000) to $1,375 
(TT$10,000). The amendment makes it an offense to hold a public meeting 
without a permit under the guise of conducting an exempted religious, 
educational, recreational, or sports function. This new offense is 
punishable by imprisonment for 2 years or a fine of about $1,375 
(TT$10,000). In practice, the law has not restricted unduly public 
meetings, demonstrations, or exempted events.
    The Constitution provides for freedom of association, and the 
Government respects this right in practice. Registration or other 
governmental permission to form private associations is not required.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice.
    There is no provision for persons to claim or be classified as 
refugees or asylum seekers; the Ministry of National Security's 
Immigration Division handles any such requests on a case-by-case basis. 
The issue of the provision of first asylum did not arise. There were no 
reports of forced return of persons to a country where they feared 
persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Parliamentary elections are 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 at least 18 years of age who are 
citizens of other Commonwealth countries.
    In the November 1995 general elections, the former opposition 
United National Congress (UNC) and the ruling People's NationalMovement 
(PNM) each won 17 seats in Parliament. The National Alliance for 
Reconstruction (NAR) won two seats and joined with the UNC to form a 
new government. Basdeo Panday became the country's first Prime Minister 
of East Indian descent. The PNM is primarily but not exclusively Afro-
Trinidadian; the UNC is primarily but not exclusively Indo-Trinidadian.
    There are no specific laws that restrict the participation of women 
or minorities in government or the political parties. Women hold many 
positions in the Government and political party leadership. Four of 36 
elected members of the House of Representatives and 10 of 31 appointed 
Senators are women, with 2 women serving as ministers. Prime Minister 
Panday appointed the first woman to serve as Attorney General; she has 
since moved to the position of Minister of Education.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups operate without government 
restriction, investigating and publishing their findings on human 
rights cases. Government officials are very cooperative and responsive 
to their views. An independent ombudsman receives complaints relating 
to governmental administrative issues and investigates complaints of 
human rights abuse. The Ombudsman can make recommendations but does not 
have authority to force government offices to take action.
    The Government sought to curtail appeals by death row inmates to 
the Inter-American Commission on Human Rights (IACHR) and the U.N. 
Human Rights Committee. In May it withdrew from the IACHR following its 
required 1-year notice. The Government also withdrew from the Optional 
Protocol to the International Covenant on Civil and Political Rights, 
but reacceded with the reservation that the U.N. Committee would not 
have jurisdiction over death penalty cases.
    The Government's moves were prompted by a Privy Council ruling that 
failure to execute a condemned prisoner within 5 years of sentence 
constitutes cruel and unusual punishment in violation of the 
Constitution. To meet this 5-year deadline, the Government established 
time limits for appeals to courts and human rights bodies. Local 
appeals are now disposed of within an average of 16 months compared 
with the previous average of 7 years.
    The Government asked the IACHR and the U.N. Committee each to agree 
to dispose of petitions within 8 months. According to the Government, 
both bodies responded that they could not provide such assurances. The 
Government stated that the conflict between a binding Privy Council 
ruling and its obligations to the human rights organs had to be 
resolved in favor of the Constitution and the Privy Council. The 
Government indicated that it would execute condemned prisoners who have 
exhausted all their appeals and have unresolved petitions pending more 
than 8 months before one of the human rights bodies.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Government respects in practice the constitutional provisions 
for fundamental human rights and freedoms for all without 
discrimination based on race, origin, color, religion, or sex.
    Women.--Physical abuse of women continued to be an extensive 
problem. There has been increased media coverage of domestic abuse 
cases and signs of a shift in public opinion, which held that such 
cases were a private matter. The Government has taken action to improve 
aid to victims. Murder, rape, and other crimes against women are 
reported frequently; 30 percent of all female homicide victims were 
believed to have been killed by their husbands or lovers. Rape, spousal 
abuse, and spousal rape are criminal offenses. The 1991 Domestic 
Violence Act was intended to facilitate court-issued restraining orders 
to protect victims and extended protection to common-law relationships, 
a frequent form of marital union. However, some observers say that the 
number of restraining orders issued has not increased at the rate 
expected since the enactment of the law. The establishment of a 
community police division improved police responsiveness to reports of 
domestic abuse, but some police officers are reported to be 
unsympathetic or reluctant to pursue such cases, resulting in 
underreporting of crimes of violence against women. There were more 
than 4,000 complaints of spousal abuse during the year; police handled 
an average of 9 cases a day that led toreports by victims, with the 
actual incidence of such abuse considered to be much higher. Two 
government ministries, operating independently, direct the 
nongovernmental organizations (NGO's) that run most of the country's 
social programs addressing domestic violence, including five shelters 
for battered women, and a rape crisis center offers counseling for rape 
victims and perpetrators on a voluntary basis. A Government-sponsored 
hot line receives about 200 calls per month.
    In October a new Domestic Violence Act came into effect. The new 
law strengthens provisions of the 1991 law and allows easier access for 
police in instances of domestic violence. The Senate also introduced 
amendments to the Sexual Offences Act that would broaden the definition 
of sexual offenses and increase the punishment for such crimes. These 
amendments had not yet been approved by the lower House at year's end.
    The court of appeals reduced the conviction and sentence of a woman 
who had been sentenced to death in 1998 for killing her husband in 
1991. The appeals court based its decision on the argument that she 
suffered from battered-wife syndrome. The case had drawn wide 
attention; some women's groups asserted that the conviction and the 
death sentence represented a double standard that punished wife-killers 
less severely than women who retaliate against abusive husbands. The 
appeals court found her guilty of manslaughter and reduced her sentence 
to 5 years plus time served.
    Many 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.
    The Division of Gender Affairs in the Ministry of Culture and 
Gender Affairs is charged with protecting women's rights in all aspects 
of government and legislation. Several active women's rights groups 
also exist.
    Children.--The Government's ability to protect children's welfare 
is limited by a lack of funds and expanding social needs. Some parts of 
the public school system seriously fail to meet the needs of the school 
age population due to overcrowding, substandard physical facilities, 
and occasional classroom violence by gangs. There is no societal 
pattern of abuse directed at 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 several government 
institutions and NGO's that accept children.
    People with Disabilities.--There is no legislation that 
specifically enumerates or protects the rights of disabled persons or 
mandates the provision of access to buildings or services, although 
NGO's lobbied Parliament to pass such legislation. The lack of access 
to transportation, buildings, and sidewalks is a major obstacle for the 
disabled. The Government provides some public assistance and partial 
funding to a variety of NGO's which, in turn, provide direct services 
to disabled members or clients.
    Indigenous People.--Members of a very small group in the population 
identify themselves as descendants of the original Amerindian 
population of the country. They maintain social ties with each other 
and other aboriginal groups and are not subject to discrimination.
    National/Racial/Ethnic Minorities.--Various ethnic and religious 
groups live together peacefully, generally respecting one another's 
beliefs and practices. However, at times racial tensions appear between 
Afro-Trinidadians and Indo-Trinidadians. Each group comprises about 40 
percent of the population. The private sector is dominated by Indo-
Trinidadians and people of European, Middle Eastern, or Asian descent. 
Indo-Trinidadians also predominate in agriculture. Afro-Trinidadians 
tend to 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 in the majority in urban 
areas, competition between town and country for public goods and 
services often takes on racial overtones.
    In October 1996, there were reports that several popular 
recreational clubs refused entry to Afro-Trinidadians and dark-skinned 
Indo-Trinidadians. The reports led to criticism of racism by the local 
press, and the Government pledged to implement a law banning racial 
discrimination in entry policies for private clubs. However, the 
Government has not yet taken such action.
Section 6. Worker Rights
    a. The Right of Association.--The 1972 Industrial Relations Act 
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 declined, with an estimated 20 to 
28 percent of the work force organized in 14 active unions. Most unions 
are independent of the Government or political party control, although 
the Sugar Workers' Union is historically allied with the UNC. The Prime 
Minister was formerly president of the Sugar Workers' Union.
    The law prohibits antiunion activities before a union is legally 
registered, and the Ministry of Labor enforces this provision when it 
receives a complaint. A union may also bring a request for enforcement 
to the Industrial Court. All employees except those in ``essential 
services,'' such as government employees and police, have the right to 
strike.
    The Labor Relations Act prohibits retribution against strikers and 
provides for grievance procedures if needed. A special section of the 
Industrial Court handles mandatory arbitration cases. Arbitration 
agreements are enforceable and can be appealed 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 Collectively.--The Industrial 
Relations Act establishes the right of workers to collective 
bargaining. The Ministry of Labor's 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 who are found guilty of 
antiunion activities to reinstate workers and pay compensation, or it 
can impose other penalties including imprisonment. When necessary the 
conciliation service also determines which unions should have senior 
status.
    There are several newly organized export processing zones (EPZ's). 
The same labor laws apply in the EPZ's as in the country at large.
    c. Prohibition of Forced or Compulsory Labor.--The law does not 
explicitly prohibit forced or compulsory labor, but there were no 
reports that it was practiced. There were also no reports of forced or 
bonded labor by children.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The minimum legal age for workers is 12 years. Children 
from 12 to 14 years of age may only work in family businesses. Children 
under the age of 18 legally may work only during daylight hours, with 
the exception of 16- to 18-year-olds, who may work at night in sugar 
factories. The probation service in the Ministry of Social Development 
and Family Services is responsible for enforcing child labor 
provisions, but enforcement is lax. There is no organized exploitation 
of child labor, but children are often seen begging or working as 
street vendors. The Government does not prohibit specifically forced 
and bonded labor by children, but such practices are not known to occur 
(see Section 6.c.).
    e. Acceptable Conditions of Work.--The 1998 Minimum Wages Act 
established a minimum wage of about $1.10 (TT$7.00) per hour. The 
minimum wage is not sufficient to support a worker and family, but most 
workers earn more than the minimum. The Ministry of Labor enforces the 
minimum wage regulations.
    The Minimum Wages Act also established a 40-hour workweek, time and 
one-half pay for the first 4 hours of overtime on a workday, double pay 
for the next 4 hours, and triple pay thereafter. For Sundays, holidays, 
and off days the act also provides for double pay for the first 8 hours 
and triple pay thereafter. Daily rest periods and paid annual leave 
form part of most employment agreements.
    The Factories and Ordinance Bill of 1948 sets requirements for 
health and safety standards in certain industries and provides for 
inspections to monitor and enforce compliance. The Industrial Relations 
Act protects workers who file complaints with the Ministry of Labor 
regarding illegal or hazardous working conditions. If it is determined 
upon inspection that hazardous conditions exist in the workplace, the 
worker is absolved for refusing to comply with an order that would have 
placed him or her in danger.
    f. Trafficking in Persons.--While there are no laws that 
specifically address trafficking in persons, the illegality of such 
acts is covered broadly in a variety of legislation dealing with 
kidnaping, labor conditions, pimping and prostitution, slavery, and 
indentured servitude. There were no reports of persons being trafficked 
in, to, or from the country.
                                 ______
                                 

                                URUGUAY

    Uruguay is a constitutional republic with an elected president and 
a bicameral legislature. In 1994 former President Julio Maria 
Sanguinetti won a narrow election victory. His 5-year term ends in 
March 2000. In national elections for the presidency and the 
legislature on October 31, the left-of-center Broad Front coalition won 
about 40 percent of the vote in a four-party race, constituting the 
largest congressional bloc. Jorge Batlle of the Colorado Party won the 
runoff presidential election held on November 28. The judiciary is 
independent.
    The Interior Ministry administers the country's police departments 
and the prison system and is responsible for domestic security and 
public safety. The military is responsible for external security within 
the prison system. The police at times committed human rights abuses.
    The economy is a mixture of private and state enterprises and is 
heavily dependent on agricultural exports and agroindustry. The leading 
exports are meat, leather, and rice. The Government respects private 
property rights. The unemployment rate is estimated at 11.4 percent. 
The economy grew by 4.5 percent in 1998, but growth was estimated to 
decline by 2 to 2.5 percent in 1999. Annual per capita income was about 
$6,560 in 1998.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary generally provide effective means 
of dealing with individual instances of abuse. However, there were 
problems in some areas, principally instances of police abuse and 
mistreatment of detainees, poor prison conditions, and delays in the 
justice system. Court cases sometimes last many years, resulting in 
lengthy preverdict detention. Other problems include violence against 
women and societal discrimination against women and the black minority.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    In August guards at the prison in the department of San Jose shot 
and killed an inmate who apparently was attempting to escape and who 
ignored warnings to halt.
    The investigation into the 1992 murder of Chilean chemist/
intelligence agent Eugenio Berrios remained closed. Berrios, who had 
been called to testify in Chile concerning the assassination of former 
Chilean Foreign Minister Orlando Letelier, reportedly entered Uruguay 
under protective military custody. His body was discovered in 1995, 
after he was last seen alive in military custody in 1992. In March the 
judge in the case declined to provide the case files to Chilean 
judicial authorities, as they had requested. He reasoned that releasing 
such information would jeopardize any future prosecution of the case, 
should it be reopened. The judge did provide records of telephone calls 
made by Berrios in Montevideo prior to his disappearance and murder. 
Also in March, a group of Argentine and Uruguayan journalists filming a 
documentary about persons who disappeared during the military 
dictatorship were threatened and beaten while filming outside the house 
in which Eugenio Berrios had been detained by members of the military. 
The attacker was a relative of the military officer who owned the house 
and who had been questioned previously in the Berrios case.
    The 1986 Amnesty Law applied to perpetrators of extrajudicial 
killings, torture, and other abuses during the 12 years of military 
rule from 1973 to 1985. However, some victims and relatives of victims 
had success using the civilian courts to seek redress. In March the 
widow of a criminal suspect who in 1998 died under suspicious 
circumstances while in police custody filed criminal charges against 
the personnel of the police unit at which her husband died. In two 1998 
rulings, the trial judge ordered the Government to pay a total of $1.4 
million in compensation to the families of a number of victims of 
torture and, in several cases, extrajudicial execution. Action on the 
Government's appeal of these rulings is pending.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    Calls for investigations into past disappearances continued. In 
May, as in prior years, thousands of persons marched in memoryof the 
159 Uruguayans who disappeared during the rule of the dictatorship (115 
in Argentina, 36 in Uruguay, 6 in Chile, and 2 in Paraguay).
    The Government continued to disregard a 1992 ruling of the Inter-
American Commission on Human Rights, reaffirmed in October 1997, which 
concluded that the 1986 Amnesty Law was incompatible with the American 
Convention on Human Rights and which recommended that the Government 
investigate the disappearances and compensate the families of the 
victims. Although the Amnesty Law obliges the executive branch to 
investigate the cases of citizens who were detained and then 
disappeared under the military regime, all three administrations since 
the return to democracy have consistently refused to open official 
investigations into their fate. The only exception was a cursory, 
nonpublic inquiry conducted by a military prosecutor that revealed 
nothing.
    Since the 1986 Amnesty Law precludes criminal actions against 
suspected participants in human rights violations during military rule, 
some persons have sought justice in non-Uruguayan courts. In March Sara 
Mendez filed papers in an Argentine court formally accusing five 
present and former members of the Uruguayan military with the 1976 
kidnaping of her infant from her Buenos Aires home. In June the 
relatives of eight Italian-Uruguayan dual nationals who had disappeared 
filed charges in an Italian court against four present and former 
members of the military and one police officer.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits brutal treatment of prisoners, 
but the police continued at times to commit abuses. On occasion, such 
abuse resulted in forced confessions (see Section 1.d.).
    The judicial and parliamentary branches of government are 
responsible for investigating specific allegations of abuse. An 
internal police investigative unit receives complaints from any person 
concerning possible noncriminal police abuse of power, but it is 
understaffed and can issue only recommendations for disciplinary 
action. While the courts seldom convicted and punished law enforcement 
officials for such abuse in the past, such prosecutions are occurring 
more frequently. In the month of August alone, over 20 police officers 
were prosecuted for crimes ranging from abuse of authority to bank 
robbery and murder.
    Police officers charged with less serious crimes may continue on 
active duty; those charged with more serious crimes are separated from 
active service until a court resolves their cases. A Ministry of 
Interior study reported that 179 police officers had been investigated 
or convicted by a court, and that 117 of these cases were directly 
linked to the exercise of their jobs. The 1995 Public Security Law 
requires a proportional use of force by the police and the use of 
weapons only as a last resort, in accordance with United Nations codes 
regarding the use of force.
    Some torture victims and relatives of victims continued to use the 
courts to seek redress for their grievances. The Government is 
appealing damage awards made in 1998 to the families of a number of 
persons tortured or murdered in custody during military rule (see 
Section 1.a.).
    In January three small explosions occurred in Montevideo. The 
authorities arrested two persons, including one former member of a neo-
Nazi group, in connection with the bombings. They held the latter in 
custody at year's end (see Section 5).
    Conditions in prisons and juvenile detention facilities for the 
roughly 3,700 prisoners remain poor but not life threatening. In 1997 a 
legislative human rights commission presented a report that criticized 
the ``excessive use of force and abuse of authority'' by prison guards 
and officials, and stated that sanitation and health standards in the 
prison system were ``unacceptable.'' This report reflects the work of a 
previous commission that in 1996 published a report to the Government 
citing overcrowding, lack of staff training, corruption, and physical 
violence as problems. According to press reports and a study conducted 
by SERPAJ, a nongovernmental organization (NGO), HIV-positive inmates 
sometimes received inadequate medical treatment. There were several 
incidents of prisoner unrest during the year, including a riot in June 
at the country's only maximum security prison, during which inmates 
demanded better prison conditions. The riot resulted in severe damage 
to the substandard facility, requiring a number of prisoners to 
betransferred to other facilities, some of which were already 
overcrowded.
    The Government permits prison visits by human rights monitors, 
although prisoner unrest, as well as the requirement to route all such 
requests through the Ministry of Interior, at times cause delays.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
requires the police to have a written warrant issued by a judge before 
making an arrest, and the authorities generally respect this provision 
in practice. The only exception is when the police apprehend the 
accused 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. It is during this 24-
hour period that police sometimes abuse prisoners, occasionally 
resulting in forced confessions.
    A 1980 law stipulates that police confessions obtained before a 
prisoner appears before a judge and attorney (without the police 
present) have no validity. Further, should a prisoner claim that he has 
been mistreated, by law the judge must investigate the charge.
    If the detainee cannot afford a lawyer, the courts appoint a public 
defender. 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. 
This seldom happens. As a result, approximately 68 percent of all 
persons incarcerated are awaiting a final decision in their case, down 
from approximately 90 percent in the past years. This improvement is 
due to the Government's efforts to improve the functioning of the 
criminal justice system. Because of the slowness of the judicial 
process, the length of time prisoners spend in jail before the judge 
issues a verdict may exceed the maximum sentence for their crime. The 
uncertainty as to how long one will be imprisoned is a factor creating 
tension within the country's prisons.
    In December 1997, the legislature approved a bill to reform and 
modernize the Criminal Code. Among its provisions, the new law provides 
for more oral argument by prosecution and defense attorneys, and less 
investigative responsibility for judges, which is expected to 
accelerate the pace of criminal trials. The law was to take effect in 
1998, but was delayed until at least February 2001, due to a lack of 
resources to implement the new system.
    The Government does not use forced exile as a means of punishment.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government respects this provision in 
practice.
    The Supreme Court heads the judiciary system and supervises the 
work of the lower courts. A parallel military court system 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.
    Trial proceedings usually are based on written arguments to the 
judge, which are not made public routinely. Only the prosecutor and 
defense attorney have access to all documents that form part of the 
written record. The courts introduced oral argument in 1990, but 
individual judges use it at their option. Most judges choose to retain 
the written method, a major factor slowing the judicial process. There 
is no legal provision against self-incrimination, and judges may compel 
defendants to answer any question they pose. 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 were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, government 
authorities generally respect these prohibitions, and violations are 
subject to effective legal sanction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, but the authorities may abridge 
these rights if persons are deemed to be inciting violence or 
``insulting the nation.''
    All elements of the political spectrum freely express their 
viewpoints in both print and broadcast media. Montevideo alone has 8 
daily newspapers and 6 important weeklies; there are also approximately 
100 other 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 it 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.
    Human rights activists and journalists have alleged that state 
enterprises such as the telephone and electric companies on occasion 
have withheld advertising from independent media that are critical of 
the Government and have favored media friendly to the Government with 
extensive paid advertising.
    The national university is autonomous, and the authorities 
generally respect academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The law provides 
for these rights, and the Government respects them in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice.
    The Government grants refugee status in accordance with the 1951 
U.N. Convention Relating to the Status of Refugees and its 1967 
Protocol. The Government grants asylum only for political crimes as set 
forth in the 1928 Treaty of Havana, the 1889 Treaty of Montevideo, and 
the 1954 Caracas Convention. The Government cooperates with the office 
of the U.N. High Commissioner for Refugees and other humanitarian 
organizations in assisting refugees. The Government granted first 
asylum to a Cuban tourist who requested asylum in October 1998. The 
Government granted asylum to other persons who requested asylum during 
the year, including Cubans and Colombians.
    There were no reports of the forced return of persons to a country 
where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage. Uruguay is a multiparty democracy with mandatory 
voting for those 18 years of age or older, and there are no 
restrictions regarding race, sex, religion, or economic status. The 
Colorado party, the National (Blanco) party, the Broad Front coalition, 
and the New Space Party are the four major political groupings.
    Women and blacks face impediments to high-level participation in 
politics and employment in government. Only 1 of 12 cabinet ministers 
is a woman. In the legislature, 2 of 30 senators and 8 of 99 deputies 
were women. In October voters elected 3 female candidates to the Senate 
and 13 women deputies. There are no female justices on the Supreme 
Court. There has never been a black parliamentarian or cabinet-level 
official.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international human rights groups operate 
without government restriction, investigating and publishing their 
findings on human rights cases. Government officials are generally 
cooperative and responsive to their views.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution and the law prohibit discrimination based on race, 
sex, religion, or disability. Despite these provisions, discrimination 
against some groups exists.
    Women.--Violence against women continues to be a serious problem. A 
1999 Ministry of Public Health study projected that within 5 years, 
domestic violence would constitute the second most prevalent threat to 
public health, after traffic accidents. In a November 1997 poll of 545 
urban and suburban households, 47 percent of respondents reported 
physical or psychological abuse from their partners, with 23 percent 
reporting severe abuse. The law provides for sentences of 6 months to 2 
years in prison for a person found guilty of committing an act of 
violence or of making continuing threats to cause bodily injury to 
persons related emotionally or legally to the perpetrator. The 
Montevideo city hall's hot line for victims of domestic violence 
received 4,785 complaints in 1998 and 4,927 in the first 10 months of 
1999, reflecting both an increased public awareness of the problem as 
well as a changing attitude among women. Persons calling the hot line 
are provided counseling, free legal advice, and may be referred to 
NGO's that can provide further socialservices. The Criminal Code covers 
spousal abuse and spousal rape, although criminal charges rarely are 
initiated for those crimes. Similarly, although the law prohibits 
sexual harassment in the workplace, few complaints are ever filed under 
this provision.
    The Government has established an office of assistance for victims 
of domestic violence that trains police how to resolve complaints of 
violence against women. A new directorate within the Ministry of 
Interior instituted a public awareness campaign about domestic violence 
and founded community assistance centers where abuse victims receive 
information and referrals to government and private organizations in 
their area that aid abused women. Both the Ministry of Interior and 
NGO's operate shelters in which abused women and their families can 
seek temporary refuge.
    Women enjoy equality under the law but face discrimination stemming 
from traditional attitudes and practices. The work force exhibits 
segregation by gender. Women, who make up almost one-half the work 
force, tend to be concentrated in lower paying jobs. Women's salaries 
average two-thirds those of men; 10 years earlier, this figure was 57 
percent. Two-thirds of the students who entered the university system 
in 1997 were women. Women often pursue professional careers but are 
underrepresented in traditionally male-dominated professions. In 
February 1997, the Government approved regulations to implement a 1989 
law for equality in the workplace that had previously gone unenforced. 
In 1997 the Air Force Academy became the first armed services academy 
to admit women and has 7 female students out of a total student body of 
74. The Army Military Academy began admitting women in 1998 and has 19 
women enrolled in its 240-member student body.
    A small institute in the Ministry of Education coordinates 
government programs for women. There are a number of active women's 
rights groups, and many of their activities remained centered on 
followup to the platform of action of the 1995 U.N. Conference on 
Women.
    Children.--The Government generally is committed to protecting 
children's rights and welfare. An institute in the Ministry of Interior 
oversees implementation of the Government's programs for children but 
receives only limited funding for programs. The Government regards the 
education and health of children as a top priority and believes it 
should do more to ensure free education and proper health care for all 
children. An estimated 40 percent of children under the age of 5 live 
in the poorest 20 percent of homes. The Government is attempting to 
extend proper health care and education to them with the help of the 
United Nations Children's Fund. The Government provides free, 
compulsory primary and secondary education, and 95 percent of children 
complete their primary education. Girls and boys are treated similarly.
    There is no societal pattern of abuse of children. Minors under the 
age of 18 are not subject to criminal trial, but receive special 
treatment with special judges and, when sentenced, stay in institutions 
run by the National Institute for Minors (INAME) for the period 
determined by the judge. The Government currently houses all problem 
minors in INAME-run institutions that emphasize the rehabilitation of 
minors. The most controversial aspect of the 1995 Public Security Law 
would allow the Government to put minors with a record of violent 
crimes in adult prisons if INAME has no room in its own institutions. 
Even though the law stipulates that minors would occupy separate 
facilities within the prisons, human rights groups adamantly oppose 
this provision. As a result, INAME has decided that it will not send 
minors to adult prisons. INAME runs an extensive network of programs, 
including shelters for at-risk children. INAME also runs a confidential 
hot line for children who are victims of domestic abuse.
    A Code of the Child, intended to bring the law into compliance with 
the provisions of the U.N. Convention on the Rights of the Child, was 
approved by the lower house of Congress in August. The Senate 
subsequently referred the bill back to committee for further study and 
modification, and the Senate took no further action before the end of 
the legislative session.
    People with Disabilities.--The legislature passed a law covering 
the rights of the disabled in 1989. A national disabilities commission 
oversees implementation of the law. Although the law mandates 
accessibility only to new buildings or public services forpeople with 
disabilities, the Government is providing access to a number of 
existing buildings. The law reserves 4 percent of public sector jobs 
for the disabled. There is no governmental discrimination against 
disabled persons in employment, education, or in the provision of other 
state services. The country has a generally excellent mental health 
system and an interest in the rights of people with mental 
disabilities.
    National/Racial/Ethnic Minorities.--The country's black minority, 
estimated at 5.9 percent of the population, continues to face societal 
discrimination. A government study conducted in 1996-97 found that the 
unemployment rate for blacks was 1.5 times the rate for whites. The 
National Institute of Statistics found that blacks earn an average of 
20 percent less than whites who perform the same job. A 1993 report put 
the number of black university graduates at 65, and black professionals 
at fewer than 50. According to a study conducted by Mundo Afro (an 
NGO), one-half of Afro-Uruguayan women work as household domestics. 
Blacks are practically unrepresented in the bureaucratic and academic 
sectors.
    Religious Minorities.--Isolated neo-Nazi elements have carried out 
occasional, limited attacks since 1997. One such incident occurred in 
June 1998, when a Molotov cocktail was thrown into the Ahdut Israel 
synagogue. Two policemen sustained minor injuries after three small 
explosions in January in Montevideo. Police subsequently arrested two 
persons in connection with the explosion, one of whom, a former member 
of a neo-Nazi group, remained in custody at year's end. In August an 
intensive police investigation resulted in the arrest of eight persons 
(including one minor) of a very small neo-Nazi group suspected of 
creating racist and anti-Semitic Internet websites. The authorities 
charged five of the suspects with subversive association; two were also 
charged with inciting hate or violence toward a particular group.
Section 6. Worker Rights
    a. The Right of Association.--The 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 no 
legislation concerning 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 13 percent of the work force is unionized. Labor unions 
are independent of political party control but traditionally have 
associated more closely with the Broad Front, the leftist political 
coalition.
    The Constitution provides workers with the right to strike, and 
there were numerous strikes during the year. The Government may legally 
compel workers to work during a strike if they perform an essential 
service which, if interrupted, ``could cause a grave prejudice or risk, 
provoking suffering to part or all of the society.'' In May the 
umbrella labor confederation PIT/CNT organized a one day general 
strike.
    There are mechanisms for resolving workers' complaints against 
employers, but unions complain that these mechanisms are sometimes 
applied arbitrarily. The law generally prohibits discriminatory acts by 
employers, including arbitrary dismissals for union activity. Unions 
maintain that organizers are dismissed for fabricated reasons, thus 
avoiding penalty under the law.
    There are no restrictions on the right of unions to form 
confederations or to affiliate with international trade union groups; 
however, the one national confederation has chosen not to affiliate 
officially with any of the world federations. Some individual unions 
are affiliated with international trade secretariats.
    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining between companies and their unions determines a number of 
private sector salaries. The executive branch, acting independently, 
determines public sector salaries. There are no laws prohibiting 
antiunion discrimination, but a1993 executive decree established fines 
for employers 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 levels that are higher than those normally paid 
to dismissed workers.
    Union members continued to file claims of discrimination with the 
Ministry of Labor, which has a labor commission that investigates all 
claims. In some of the cases, employers agreed to reinstate workers, 
but other cases remained unresolved at year's end.
    All labor legislation fully covers workers employed in special 
export zones. There are no unions in any of these zones, but the few 
workers in these zones are not in traditionally organizable 
occupations. Because of the protected status given many of the 
companies in the free zones and the lack of union presence, 
occasionally companies will implement labor practices in violation of 
the law.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, and it is not known to occur. The 
law prohibits forced or bonded labor by children, and the Government 
enforces this prohibition effectively.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Child Labor Code protects children; the Ministry of 
Labor and Social Security is responsible for enforcing the law. Illegal 
child labor is not a major problem. The law prohibits forced or bonded 
labor by children, and the Government enforces this prohibition 
effectively (see Section 6.c.). A total of 95 percent of children 
complete primary school education, which is compulsory and free of 
charge. By law children under 15 years of age are not allowed to work 
unless granted a special permit; this is enforced in practice. 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, some children work as street vendors in the 
expanding informal sector or in the agrarian sector, which generally 
are regulated less strictly and where pay is lower.
    e. Acceptable Conditions of Work.--The Ministry of Labor 
effectively enforces a legislated minimum monthly wage which is in 
effect in both the public and private sectors. The Ministry adjusts the 
minimum wage whenever it adjusts public sector wages. The minimum wage, 
which was set in July at about $90 (1,040 pesos) per month, functions 
more as an index for calculating wage rates than as a true measure of 
minimum subsistence levels, and it would not provide a decent standard 
of living for a worker and family. The vast majority of workers earn 
more than the minimum wage.
    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 law protects foreign workers and does not discriminate against 
them. However, in order to receive official protection, the companies 
that employ foreign workers must report them as employees. Many 
workers--both native and foreign--work off the books and thus forfeit 
certain legal protection.
    The Ministry of Labor and Social Security enforces legislation 
regulating health and safety conditions in a generally effective 
manner. However, some of the regulations cover urban industrial workers 
more adequately than rural and agricultural workers. Workers have the 
right to remove themselves from what they consider hazardous or 
dangerous conditions.
    f. Trafficking in Persons.--There are no laws specifically 
addressing trafficking in persons; however, there were no reports that 
persons were trafficked in, to, or from the country.
                                 ______
                                 

                               VENEZUELA

    Venezuela is a republic with an elected president and a bicameral 
congress. President Hugo Chavez Frias, the leader of an attempted coup 
in 1992, took office in February after being elected in December 1998 
with 57 percent of the vote. Chavez's election was the result of deep 
popular dissatisfaction with the traditional parties and frustration 
with the country's continued economic crisis. Chavez campaigned on a 
promise of radical reform, including constitutional change through the 
election of a National Constitutional Assembly (ANC). In an April 25 
national referendum, voters overwhelmingly approved his proposal for 
the popular election of a 131-member assembly with a 6-month mandate to 
rewrite the Constitution. Chavez's political party, the Fifth Republic 
Movement (MVR), won 119 of the 131 ANC seats in a July 25 election. The 
ANC drafted a new constitution, which voters approved in a December 15 
referendum. Despite controversy over the ANC electoral campaign rules, 
international observers characterized the elections and both 
referendums as largely free and fair. The new Constitution, which took 
effect on December 30, creates two new branches of government--the 
civil authority and the electoral authority--and allows immediate 
presidential reelection for a 6-year term. In August the ANC issued a 
Legislative Emergency Decree that led to an institutional clash between 
the ANC and the Congress until a cohabitation agreement was reached 
over respective responsibilities. Also in August, the ANC issued a 
Judicial Emergency Decree to reform the largely discredited judiciary, 
which although legally independent is highly inefficient, corrupt, and 
subject to influence.
    The security apparatus comprises civilian and military elements, 
both accountable to elected authorities. The newly combined Interior 
and Justice Ministry controls the Judicial Technical Police (PTJ), 
which conducts most criminal investigations, and the State Security 
Police (DISIP), which is primarily responsible for investigating cases 
of subversion and arms trafficking. The General Directorate for 
Military Intelligence, under the Defense Ministry, is responsible for 
collecting intelligence related to national security and sovereignty. 
The national guard, an active branch of the military, has arrest powers 
and is largely responsible for guarding the exterior of prisons and key 
government installations, maintaining public order, monitoring 
frontiers, conducting counterdrug operations, and providing law 
enforcement in remote areas. It also supplies the top leadership for 
the Metropolitan Police, the main civilian police force in and around 
Caracas, and for various state and municipal police forces, which fall 
under the authority of the respective state governors or municipal 
mayors. There was controversy during the year over the increasing role 
that the military played in government and society. In February 
President Chavez ordered 70,000 members of the military to participate 
in a public works program which continued throughout the year, 
including conducting a census of the unemployed; providing medical care 
to the needy; renovating schools, playgrounds, and medical care 
centers; and removing garbage. In May the President appointed an army 
general as his chief of staff. In December paratroopers and other 
security force members assisted with relief efforts following 
devastating flooding. Both police and military personnel were 
responsible for human rights abuses during the year.
    The country has abundant natural resources, and its per capita 
gross domestic product (GDP) is $4,087. However, income is distributed 
unevenly, and approximately 80 percent of the population live at or 
below the poverty line. Oil accounted for 27 percent of GDP, 43 percent 
of government revenues, and 70 percent of the country's exports in 
1998. State-owned enterprises' production of iron, aluminum, and 
petrochemical products constitute one-fifth of the country's nonoil 
exports. The economy underwent its worst recession in the last 10 years 
due to low oil prices, the recessionary effect of oil production cuts, 
monetary tightening to bring inflation under control, and investor 
uncertainty caused by nearly a year of constant political change. 
According to preliminary figures from the Central Bank, GDP contracted 
by 7.2 percent in 1999, compared with a contraction of 0.1 percent in 
1998. However, a strong rebound in oil prices reduced the estimated 
fiscal deficit for the year. In December the country suffered its worst 
natural disaster when heavy rains triggered severe flooding and 
landslides that caused an estimated 20,000 deaths as well as extensive 
property and infrastructure damage. Following the disaster, the ANC 
declared a ``state of alarm,'' and granted the President broad powers 
to respond to the flood.
    The Government's human rights record continued to be poor in some 
areas; although there were improvements in some areas, serious problems 
remain. Human rights violations include extrajudicial killings of 
criminal suspects by the police and military, an increase in torture 
and abuse of detainees, failureto punish police and security officers 
guilty of abuse, arbitrary arrest and excessively lengthy detention, 
long delays in trials, illegal searches, and corruption and severe 
inefficiency in the judicial and law enforcement systems. Prison 
conditions remained harsh, and overcrowding and violence in the prisons 
were so severe as to constitute inhuman and degrading treatment. In 
October the ANC declared a prison emergency and set up an 
interinstitutional commission to address conditions in the prisons. On 
July 1, the Organic Criminal Procedures Code (COPP) entered into force, 
replacing the secretive inquisitorial system with an open adversarial 
system. The authorities fired a number of judges for corruption. In 
February the Chavez administration reinstated the constitutional 
provisions of freedom from arbitrary arrest and detention and search 
without warrant, as well as freedom of movement, which had been 
suspended in some border areas since June 1994. Violence and 
discrimination against women, abuse of children, discrimination against 
the disabled, and inadequate protection of the rights of indigenous 
people continue to be problems. Child labor persisted, and there were 
reports of trafficking in children for forced labor. Killings due to 
vigilante justice increased.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of targeted political killings; however, the security forces 
continued to commit extrajudicial killings, primarily of criminal 
suspects. The Venezuelan Program of Action and Education in Human 
Rights (PROVEA), a highly respected nongovernmental human rights 
organization, documented 101 extrajudicial killings from October 1998 
through September 1999, compared with 104 from October 1997 to 
September 1998. The killings involved summary executions of criminal 
suspects, indiscriminate or excessive use of force, and death resulting 
from mistreatment while in custody. According to PROVEA, the state 
police forces were responsible for 44 of the killings; the Metropolitan 
Police, 11; the PTJ, 5; the national guard, 5; the municipal police 
forces, 13; the armed forces, 15; the DISIP, 2; and other security 
forces, 6. These figures reflect a range of killings in very different 
situations committed by organizations with varying levels of control 
and responsibilities. The majority of the killings were attributed to 
various state and municipal police forces that report to local 
officials and usually have little training or supervision.
    The perpetrators of extrajudicial killings act with near impunity, 
as the Government rarely prosecutes such cases. The police often fail 
to investigate crimes allegedly committed by their colleagues and 
characterize incidents of extrajudicial killings as ``confrontations,'' 
even when eyewitness testimony and evidence strongly indicate 
otherwise. In addition, the civilian judicial system still is 
struggling to implement the new Organic Criminal Procedures Code (COPP) 
and, in the meantime, remains highly inefficient and sometimes corrupt. 
Military courts often are biased in favor of members of the armed 
forces accused of abuse. A pretrial summary phase called ``nulo 
hecho,'' which is used in cases involving public officials and is 
conducted in secret, was abolished in July under the COPP. It often 
shielded members of the security forces from prosecution, since cases 
could languish in this phase for several years. In the small number of 
prosecutions in which the courts convict perpetrators of extrajudicial 
killings and other abuses, the sentences issued are frequently light or 
the convictions are overturned on appeal. Unlike common criminals, 
members of the security forces charged with or convicted of crimes 
rarely spend much time in prison.
    On February 24, Sucre state police in Cumana used tear gas 
canisters and pellet guns against students at the University Institute 
of Technology who were protesting peacefully noncompletion of the 
cafeteria. One student, Angel Castillo Munoz, died as a result of being 
hit in the head by rubber bullets and falling unconscious into an area 
flooded by tear gas. Police reportedly continued to fire, despite 
students' attempts to surrender, resulting in a delay of medical care 
to the injured. (Following Castillo's death on February 25, the 
students again protested and attacked, looted, and burned the Sucre 
state government palace. The National Guard was called in to restore 
order.) The Sucre state governor fired police commander Jose Jesus 
Navarro Dona and Sucre state secretary general Amalio Ermilo Rojas, 
suspended the police officers who took part in the original 
confrontation with students, and requested federal help in the 
investigation. Militaryintelligence (DIM) officers subsequently 
arrested Navarro and Rojas. Various groups objected to the fact that 
the military took over the case. The authorities released Navarro and 
Rojas for lack of evidence; there was no further progress on the case 
at year's end.
    Also in February, Red de Apoyo, a nongovernmental organization 
(NGO), reported that Oswaldo Blanco died as the result of abuse by the 
National Guard, in whose custody he had been detained.
    In June the Metropolitan Police detained Jhon Linares after 
shooting him in the stomach. The police also threatened his brother and 
sister who tried to help him. Later, Linares was found dead at the 
hospital with three bullet wounds. An investigation continued at year's 
end.
    In December heavy rains triggered flooding and landslides that 
killed an estimated 20,000 persons. The authorities are investigating 
allegations of human rights violations by the military and security 
forces in the days immediately following the disaster. Witnesses claim 
that military and security forces beat, detained, and killed alleged 
looters and criminal suspects, between December 19 and December 25.
    Security forces committed a small number of killings in prisons. 
However, the majority of the 390 inmate deaths resulted from gang 
confrontations, riots, fires, and generally unsanitary and unsafe 
conditions in prison facilities (see Section 1.c.).
    There has been no further investigation into the January 1998 
killings of Harold Michael Zambrano Gonzalez and Arturo Jose Hernandez 
Ramirez by Metropolitan Police. The PTJ also made no progress in the 
investigation of the May 1998 killings of Carlos Alberto Colmenares 
Garcia, Richard David Palacios Garcia, and Avelino Rafael Vega, who 
died after the Sucre municipal police opened fire on their car. Nor was 
any progress made in the investigation of the January 1997 incident in 
which members of the Metropolitan Police arrested and led away two 
young men in Guatire, Miranda state. Witnesses heard gunshots and later 
found one of the men, Freddy Rafael Toro Ramirez, dead from bullet 
wounds.
    There were no prosecutions or new information surrounding the 1996 
death of 25 inmates in a fire started by prison guards at La Planta 
prison. On February 19, a judge sentenced two of the three PTJ members 
implicated in the 1995 execution-style killing of 21-year-old Hector 
Rojas to 7 years in prison for first-degree murder, far less than the 
15 to 25 years established by law. The court absolved the third 
officer, despite evidence of his guilt. The prosecution appealed the 
decision, but there was no further progress in the case at year's end. 
There were no developments in the 1994 discovery of a common grave in 
the Sierra de Perija region of Zulia state, the 1992 killing of at 
least 63 prisoners at Catia prison, or the 1992 killing of reporters 
Maria Veronica Tessari and Virgilio Fernandez by members of the 
security forces.
    In November before the Inter-American Court of Human Rights, the 
Government accepted its responsibility in 44 cases of extrajudicial 
killings by security forces during and after the civil unrest of 
February-March 1989, in which some 300 alleged extrajudicial killings 
were committed. The Government also agreed to compensate the families 
of the victims and to identify and punish those responsible. A total of 
45 cases had been referred to the Inter-American Commission on Human 
Rights (IACHR) by the Committee of Family Members of Victims of the 
Unrest (COFAVIC) in 1995. In 1991 a police officer was found guilty of 
one killing, but the courts released the officer from prison 1 year 
later. In October 1997, the IACHR called on the Government to 
investigate this case, provide compensation to the victim's family, and 
bring to justice those responsible for the death. By the end of 1998, 
the Government had complied partially; it had investigated and made a 
payment, but it had not punished any of those responsible. The IACHR 
made a series of recommendations to the Government, but when the 
Government did not comply with these recommendations nor reach a 
settlement with the petitioners, on June 7, the IACHR referred the case 
to the Inter-American Court of Human Rights. On September 23, the 
Supreme Court made an unprecedented decision to assume the preliminary 
investigation of all the related cases that until then had been 
scattered among 13 courts.
    In September 1996, the Inter-American Court of Human Rights awarded 
$722,332 in damages to 2 survivors and the surviving families of 14 
fishermen killed in 1988 by military and police officers near the 
border town of El Amparo, Apure state. The Government acknowledged its 
responsibility and began to make payments in September 1997; it had 
completed payments by year'send, and the parties were discussing the 
payment of interest on the compensation. The Court also had ruled that 
the Government had to investigate the case and prosecute those 
responsible. The military originally claimed that the deaths were the 
result of a confrontation with Colombian guerrillas, and in August 1994 
a military tribunal overturned the conviction of 16 defendants in the 
case despite strong evidence that they had participated in a planned 
ambush. In October 1998, the Supreme Court upheld that decision.
    Mob lynching of supposed criminals increased substantially due to 
the public's perception of increased impunity resulting from the 
difficult implementation of the COPP. The victims were almost always 
known criminals who preyed on residents of poor neighborhoods. Between 
October 1997 and September 1998 (the latest available figures), PROVEA 
recorded 2 lynchings and 24 attempted lynchings, but both police and 
NGO's believe that the figures increased. The activities of vigilante 
groups known as ``brigadas'' reportedly decreased.
    On February 25, the Revolutionary Armed Forces of Colombia 
guerrilla organization kidnaped American citizen indigenous activists 
Terence Freitas, Lahe'ena'e Gay, and Ingrid Washinawatok in Colombia. 
Their bodies were later found in Venezuela.
    b. Disappearance.--There were no reliable reports of persons who 
disappeared after being detained by the police or the armed forces.
    There were no developments in connection with the 1995 
disappearances of Julio Rafael Tovar, Fidel Ernesto Croes Aleman, Luis 
Martin Sanchez Vargas, Juan Daniel Monsalve, or Jose Ramos; or the 1994 
disappearances of Elsida Ines Alvarez, Benjamin Vasquez, and Fidel A. 
Sanabria. Members of the security forces reportedly had detained each 
of them prior to their disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture; however, the security forces 
continue to torture and abuse detainees physically and psychologically 
at a substantially increased rate. Credible human rights groups report 
that this abuse most commonly consists of beatings during arrest or 
interrogation, but there have been incidents when the security forces 
used near suffocation and other forms of torture that leave no telltale 
signs. Most victims come from the poorest and least influential parts 
of society.
    PROVEA documented 424 cases of torture from October 1998 through 
September 1999, compared with 21 from October 1997 through September 
1998. (This increase may reflect improved data collection and more 
accurate reporting by PROVEA.) According to PROVEA, the DISIP was 
responsible for 11 of the reported torture incidents; the PTJ, 10; the 
armed forces, 7; the state police forces, 203; the municipal police 
forces, 72; the Metropolitan Police, 67; and the national guard, 40. In 
April human rights NGO's presented a report to the U.N. Committee 
Against Torture in which they listed and documented 120 torture cases 
since 1987 that they have investigated and reported to the Prosecutor 
General and the National Human Rights Commission, but that still have 
not been investigated fully by the Government.
    Torture, like extrajudicial killings, continues because the 
Government does not ensure the independent investigation of complaints 
needed to bring those responsible to justice. In addition to lack of 
vigor by the judiciary, the fact that the Institute of Forensic 
Medicine is part of the PTJ also contributes to a climate of impunity, 
since its doctors are unlikely to be impartial in their examinations of 
cases that involve torture by members of the PTJ. Very few instances of 
torture have resulted in convictions.
    In March the Metropolitan Police harassed and beat 22-year-old 
Andres Flores for no apparent reason when they encountered him sitting 
on the steps of a building. Despite the protests of those present, the 
police arbitrarily detained him. He was released only when a priest 
lobbied on his behalf at the police station.
    In August the PTJ in Guasdualito detained Juan de la Cruz Bravo and 
accused him of murder. Bravo alleges that the police drugged him, beat 
him, and subjected him to electrical shock. The Justice Foundation, an 
NGO, is bringing his case to trial.
    There were reports that security force members killed and beat 
looters following the December floods and landslides (see Section 
1.a.).
    No action ever was reported against some 50 Baruta municipal police 
officers who attacked residents of the poor working class Caracas 
suburb of Petare in the predawn hours of December 25, 1997, injuring 43 
persons. There was no reported progress from the criminal court 
investigation or the internal investigation by the chief of the Baruta 
municipal police.
    The police used tear gas and pellet guns against peaceful 
demonstrators, resulting in deaths and injuries (see Sections 1.a. and 
2.b.).
    In the Colombian border area where some constitutional protections 
had been suspended since 1994, the National Guard and army acted with 
near impunity until the suspension of the protections was lifted on 
February 23. Subsequently, complaints against the security forces in 
this area decreased. The Support Network for Justice and Peace had 
documented many human rights abuses in this region by amassing detailed 
witness testimony. There has been no resolution of the border-area 
cases from 1995, in which members of the military, in separate 
incidents in reaction to guerrilla attacks, tortured 23 rural workers 
near Cararabo and 19 peasant farmers in La Victoria, both in Apure 
state.
    Prison conditions continued to be extremely harsh due to 
underfunding, poorly trained and corrupt prison staff and national 
guard members, and overcrowding so severe as to constitute inhuman and 
degrading treatment.
    Inmates often have to pay guards as well as each other to obtain 
necessities such as space in a cell, a bed, and food. Because of the 
prison food's low quality and insufficient quantity, only about 30 
percent of inmates consume it. Most prisoners get their food from their 
families, by paying prison guards, or in barter with other prisoners. 
Many inmates also profit from exploiting and abusing others, and 
violence among prisoners is common. This problem is exacerbated by the 
absence of a rational system of prisoner classification: convicted 
murders and rapists are housed with unsentenced first-time petty 
offenders. Gang-related violence and extortion is fueled by the 
substantial trafficking in arms and drugs that exist in the prisons. In 
early June, 26 inmates escaped from Barcelona prison east of Caracas; 
prisoners in the El Dorado prison threatened to commit mass suicide 
unless they were transferred to other jails. In October some 35 
prisoners escaped from a prison in downtown Caracas.
    Female prisoners are detained in separate prisons, where conditions 
generally are better than those in the men's facilities. Security 
forces and law enforcement authorities often detain children together 
with adults.
    At the beginning of the year, roughly 70 percent of the 
approximately 24,500 prisoners had not been convicted of a crime 
because, under the old procedural code, most criminal defendants were 
incarcerated rather than granted provisional liberty while their 
prosecutions were pending. In addition, the slow and secretive 
inquisitorial justice system of the old code had led to an inefficient, 
overwhelmed, and corrupt justice system, which resulted in cases 
languishing an average of 4 to 5 years in the courts during which time 
the accused usually remained in jail. With the implementation of the 
new COPP on July 1, prisoners accused of petty crimes who had not been 
convicted but already had served 2 years or the minimum sentence 
possible for that crime were to be released following a psychiatric 
examination. Between July 1 and October 1, approximately 2,000 
prisoners were released under the new provisions and benefits provided 
by the law. There were approximately 19,000 prisoners at year's end.
    At the end of September, prisoners carried out a number of hunger 
strikes to demand that the Government expedite the review of the cases 
of inmates who might benefit from the COPP's provisions. It was 
estimated that there were still more than 6,000 prisoners who had not 
been convicted but already had served 2 or more years in prison. 
However, prisoners also had false expectations with respect to the 
benefits of the COPP, which resulted in rising levels of tension and 
violence. By the end of September, violent gang clashes in various 
penitentiaries resulted in 16 deaths and 57 injuries.
    In response to these events, the National Constitutional Assembly 
declared a Prison Emergency on September 30 and created an 
Interinstitutional Prison Emergency Commission comprised 
ofrepresentatives from the ANC, the Interior and Justice Ministry, the 
judicial branch, and NGO's. Despite resistance from the Catholic Church 
and human rights NGO's, the Government decided to use the national 
guard, normally charged with guarding the outside of the prisons, to 
maintain internal control of the prisons while the Commission carried 
out its work and until new prison guards could be trained.
    PROVEA documented 390 deaths and 1,695 injuries from violence in 
the prisons from October 1998 through September 1999; a decline from a 
total of 460 deaths from violence between October 1997 and September 
1998. The majority of the deaths resulted from prisoner-on-prisoner 
violence, especially during clashes between rival gangs. Many others 
died as a consequence of poor sanitary conditions, poor diet, and 
inadequate medical care. Security forces committed a small number of 
the killings in prisons. Funding for prisons remained extremely low, 
preventing significant improvement in most penitentiaries.
    There were no prosecutions of public officials for the corruption 
and neglect that contributed to the January 1994 riot at Sabaneta 
prison, in which inmates killed 105 fellow prisoners and wounded scores 
of others.
    The Government permits prison visits by human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution and the 
COPP provide for freedom from arbitrary arrest and detention; however, 
the security forces routinely continued to arrest and detain citizens 
arbitrarily.
    On February 23, the Government reinstated the constitutionally 
protected freedom from arbitrary arrest and detention in the border 
areas, where certain constitutional provisions had been suspended since 
1994 and had not been lifted in 1995 when those protections were 
restored in the rest of the country.
    There continued to be arbitrary detentions by the Metropolitan 
Police, the DISIP, the national guard, and the PTJ--especially during 
anticrime sweeps in impoverished sections of major cities. The 
authorities detained persons during the sweeps for up to 2 days while 
they checked criminal records; most were released without charges. 
PROVEA documented 6,236 persons detained in sweeps from October 1998 
through September 1999, compared with 12,308 persons detained in sweeps 
from October 1997 through September 1998. Human rights groups attribute 
the decline to the shift in government policy away from using sweeps as 
a method of controlling crime. After taking office, the Chavez 
Government declared that DISIP and other intelligence agencies no 
longer would be used for domestic political purposes. However, on April 
5, DISIP arrested Daniel Perez, the son of the then-secretary general 
of the Democratic Action (AD) party, based only on an anonymous 
telephone call accusing Perez of alleged arms trafficking. Following 
intervention by the Foreign and Interior Ministers, Perez was released 
the following day.
    The COPP states that a person accused of a crime cannot be 
incarcerated during the criminal proceedings unless that person is 
caught in the act of committing a crime, or a judge determines that 
there is a danger the accused may flee or impede the investigation. The 
law also provides for the right to a judicial determination of the 
legality of the detention within 48 hours. In no case can the detention 
of a person accused of a crime exceed the possible minimum sentence for 
the crime committed, nor exceed 2 years. Under the previous system, the 
police could hold persons without an arrest warrant for up to 8 days, 
and in many cases, the police abused detainees physically and 
psychologically during that period and illegally held them 
incommunicado. There still exists confusion over the new code, and 
arbitrary arrests continued to be common. Prison officials often 
illegally demand payment from prisoners for transportation to judicial 
proceedings. Those who are unable to pay often are forced to forgo 
their judicial hearings.
    Forced exile is illegal and is not practiced.
    e. Denial of Fair Public Trial.--The civilian judiciary is legally 
independent; however, it is highly inefficient, and judges are subject 
to influence from a number of sources.
    The judicial sector consists of the Supreme Court, which is the 
court of final appeal; the Prosecutor General, who provides opinions to 
the courts on prosecution of criminal cases and acts as public 
ombudsman to bring public employee misconduct orviolations of the 
constitutional rights of prisoners or accused persons to the attention 
of the proper authorities; the Ministry of Justice, which manages the 
national police force, oversees the prisons, and files complaints in 
criminal courts; and the Judicial Council, which oversees the lower 
courts as well as the selection and training of judges. The lower court 
system includes district and municipal courts as well as trial and 
appeal courts that deal with civil and criminal matters.
    Both the old code and its replacement, the new Organic Code of 
Criminal Procedures, provide for the right to a fair trial and consider 
the accused innocent until proven guilty in a court. However, under the 
old secretive inquisitorial code, the presumption of innocence was 
ineffective in the justice system, which became overburdened, 
inefficient, and corrupt under a paper-intensive, costly, and time-
consuming judicial process. Judges are underpaid, poorly disciplined, 
and susceptible to political influence. The COPP introduced for the 
first time open, public trials with oral proceedings and verdicts by 
juries or panels of judges. This new adversarial system of justice 
gives practical effect to the presumption of innocence, eliminates the 
secret stage of trial that had existed in the previous system, and 
establishes the right to plead guilty and make reparation agreements. 
Lengthy delays in trials were still common; there has been some 
improvement, but the average length of delay is approximately 2\1/2\ 
years.
    The Government struggled to implement the COPP, which required a 
major shift in the fundamental concept of how justice is carried out, 
the legal procedures involved, and the respective roles of the police, 
the judge, and the lawyers. The police no longer may detain persons 
arbitrarily for up to 8 days and now must work under the supervision of 
a prosecutor; judges have ceased to be investigators and are now 
arbiters of law; and prosecutors and defense attorneys confront one 
another in open court. Open, oral trials took place around the country 
despite a shortage of trained personnel and resources. The COPP's 
successful implementation over the long term is expected to require 
further progress, including increased training for police and lawyers 
and an increased number of prosecutors and defenders to handle the 
workload.
    In August the ANC issued a Judicial Emergency Decree that created 
the Judicial Emergency Commission, in order to bring about reform of 
the judicial system. On September 7, the Judicial Council, which 
oversees the selection, training, and discipline of judges, removed 
eight judges from office based on charges of corruption or judicial 
impropriety. The decisions were made with the support of the Supreme 
Court and the Judicial Emergency Commission. The head of the Judicial 
Emergency Commission announced at the same time that 50 other judges 
would face similar charges, and that many others were under active 
review. On September 9, the president of the Judicial Council resigned, 
stating that the Judicial Emergency Commission's method of dismissing 
judges violated the constitutional right to a proper defense. On 
September 17, the Judicial Council dismissed 10 more judges for 
administrative failures or sentencing errors. The Judicial Council also 
announced that it would dismiss formally judges more than once for 
different charges against them; in order to be reinstated, a judge 
would have to win an appeal to the Supreme Court on each charge. Judges 
with pending cases against them would not be eligible to take the 
October 15 competitive examinations required for all judges to become 
part of the new oral system under the COPP. Judges who had been 
reprimanded would lose points on the exam.
    On October 7, the ANC amended the Judicial Emergency Decree to 
allow for the suspension of judges facing more than 7 charges while 
investigations are conducted, which facilitated the suspension of 124 
judges. These judges continued to receive salaries, and their 
prosecution was subject to due process of law. By year's end, the 
Judicial Council had suspended or dismissed more than 200 judges, 
largely for corruption.
    The military courts implemented a similar reform of the military 
justice system and successfully have made the transition to the new 
system. The military justice system carried out the first oral trial in 
the country. The secret pretrial summary phase called ``nulo hecho'' 
was abolished in July with the implementation of the COPP. This phase 
often shielded members of the security forces from prosecution, since 
cases could languish for several years. Despite this success, human 
rights NGO's expressed concern that the Supreme Court's selection of 
military judges from a list of candidates provided by the Minister of 
Defense links the careers of military judges to the high command, 
making them more responsive to the views of their military leaders and 
influencing them to act slowly in cases in which the military is 
implicated. As a result, militaryoffenders might evade punishment for 
extrajudicial killings and other human rights abuses.
    The law provides for public defenders for those unable to afford an 
attorney; however, there are not enough public defenders to handle the 
caseload. The Judicial Council reported that there are 159 public 
defense attorneys for the entire country.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--Constitutional provisions prohibit arbitrary 
interference with privacy, family, home, and correspondence; however, 
the security forces infringed on citizens' privacy rights. From June 
1994 to July 1995, the Government suspended the constitutional 
protection of freedom from search without a warrant, along with other 
freedoms. This suspension remained in effect in border areas until 
February 23, when President Chavez restored the suspended 
constitutional provisions. Even after reinstatement of the provision in 
urban areas, security forces often conducted searches of homes without 
warrants, especially during anticrime sweeps in impoverished 
neighborhoods. There were no complaints during the year by human rights 
NGO's of illegal wiretapping by the security forces.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects these rights in practice. Individuals and the media freely and 
publicly criticize the Government. A provision in the new Constitution 
states that all persons have the right to timely, truthful, and 
impartial information, without censorship. This ``truthful 
information'' clause raised concerns among many in the domestic and 
international media that it could be used by the Government to 
intimidate or censor the press. In addition, there were some 
allegations of government pressure on the media. On December 21, the 
editor of the El Mundo daily newspaper announced that he was resigning 
because of ``tremendous government pressures'' against the newspaper's 
owners. The paper had denounced the concentration of power in the 
President's hands.
    There is no statutory censorship. The Government has tools to 
influence the press (e.g., potential controls on newsprint importation, 
lucrative public sector advertising, licensing requirements for 
journalists); however, in practice the media environment is free and 
open. Some observers believe that there is self-censorship; for 
example, there are very few editorials that reflect the opinion of an 
individual newspaper. However, signed articles on opinion pages carry 
abundant and varied perspectives, often highly critical of the 
Government. Radio and television stations do not broadcast overt 
political opinions.
    Human rights groups criticized the Government for interfering with 
free debate over the proposed new Constitution. In November Catholic 
Bishop Roberto Luckert of Coro reportedly spoke against the new 
Constitution on his diocese's radio station. The next day, two military 
intelligence agents allegedly visited the station, accused its manager 
of opposing the political process, and warned that they would be 
monitoring and recording future broadcasts.
    A 1994 law requires practicing journalists to have journalism 
degrees and be members of the National College of Journalists. These 
requirements are waived for foreigners and for opinion columnists, on 
the grounds of tolerance of free speech. Media owners challenged the 
law in November 1995, but the Supreme Court had not yet ruled on this 
matter by year's end.
    Print and electronic media are independent. There are state 
television and radio stations whose directors are named by the 
President, but whose broadcast policies are autonomous. The President's 
speeches are broadcast live on all radio and television stations, which 
traditionally provide broadcast time. The President has a weekly 
television show, which began in June, and a weekly call-in radio show. 
There is also a government-funded newspaper entitled The President's 
Mail.
    There is no state censorship of books, films, or other media 
products.
    Internet access is completely free and uncontrolled.
    The Government respects academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly, and the Government generally 
respects this right in practice. Public meetings, including those of 
all political parties, generally are held unimpeded. The Government 
requires permits for public marches but does not deny them for 
political reasons.
    However, as in earlier years, some demonstrations turned violent 
and were quelled by security forces, who on occasion used deadly force 
(see Section 1.a.). According to PROVEA, 2 persons were killed during 
demonstrations, and 77 were injured from October 1998 through September 
1999. The student and teaching sectors carry out the largest number of 
protests, and the largest number of their demonstrations end up being 
quelled by security forces. In February one student died as a result of 
police tear gas and pellet guns used against peaceful student 
demonstrators (see Section 1.a.). In August police minimally used tear 
gas and water cannon to keep pro-Congress demonstrators and pro-ANC 
demonstrators separate following an attempt by the ANC to prevent 
Congress from meeting (see Section 3).
    The Constitution provides for freedom of association, and the 
Government respects this right in practice. Professional and academic 
associations operate without interference.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, provided that the practice of a religion does not threaten 
public order or violate good custom, and the authorities respect this 
right in practice.
    Each local church must register with the Office of Religion in 
order to hold legal status as a religious organization and to own 
property. The requirements for registration are largely administrative. 
However, some groups have complained that the process of registration 
is slow and inefficient. Foreign missionaries require a special visa to 
enter the country, which is obtained through the Office of Religion. 
Missionaries generally are not refused entry; however, many complain 
that the Office of Religion often takes months or years to process a 
request.
    In 1964 the Government and the Holy See signed a concordat that 
underscores the country's historical ties to the Roman Catholic Church 
and provides government subsidies to the Catholic Church's schools and 
social programs. Other religious groups are free to establish and run 
their own schools, but do not receive subsidies from the Government.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for the right 
of citizens and legal residents to travel within the country and to go 
abroad and return, and the Government generally respects these rights. 
However, the Government can suspend the freedom to travel, as it did 
from June 1994 to July 1995. Freedom of movement remained suspended in 
some border areas until February 23 when President Chavez restored the 
suspended constitutional provisions. The Government also restricts 
foreign travel for persons being investigated for criminal activities. 
In December the security forces sometimes restricted movement in and 
out of some of the areas hardest hit by the floods.
    There is no domestic legislation regarding determination of refugee 
status, the procedure or criteria to be applied, and no independent 
organization to handle asylum requests. In the absence of any such 
legislation, the Government allows the Venezuelan Bishops' Conference 
to coordinate with the U.N. High Commissioner for Refugees (UNHCR) in 
assisting refugees, determining the status of individual asylum 
applicants under UNHCR's mandate. In 1999 there were a total of 188 
persons in the country who had been granted refugee status. Under UNHCR 
procedures, 39 of these were granted refugee status during the year.
    The Government in theory provides first asylum; however, in June 
some 3,500 Colombians entered the country in 3 waves following a 
paramilitary offensive in the Catatumbo area of Colombia. The 
Government provided rapid and effective humanitarian aid but, in 
coordination with the Colombian Government, quickly repatriated all of 
the Colombians. The first group of 2,084 Colombians, arrived June 3-4 
and was repatriated voluntarily with thesupport of both governments by 
June 6. The Government determined that they were not refugees, but 
``displaced persons in transit.'' A second group arrived on June 8, and 
according to human rights workers, expressed fear of returning to their 
homes in Rio Negro, Colombia. The accelerated procedures adopted by 
both governments for the return of the second and third groups limited 
the opportunity for the Colombians to seek asylum, despite the 
intention previously stated by some members of these groups to 
different NGO's and the UNHCR. In August human rights NGO's filed a 
petition before the IACHR asserting that this was a violation of 
international refugee law. The Government established an 
Interministerial Technical Commission to address future cross-border 
movements, and the UNHCR reiterated the importance of enacting domestic 
regulations to establish a humanitarian procedure within a framework of 
respect for international refugee principles. There were no other 
reports of the possible forced return of persons to a country where 
they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right through 
periodic, free, and fair elections held on the basis of universal 
suffrage.
    In December 1997, Congress passed a new election law that automated 
the vote counting process, removed political party representatives from 
all electoral organs, prohibited campaign financing by anonymous 
sources, and created the National Electoral Council (CNE). The 
smoothness of the electoral process and the rapid reporting of the 
results during the November and December 1998 regional and presidential 
elections, and the referendums and elections related to the ANC, were 
evidence of the electoral reform. Most legislators from all levels of 
government were elected from party lists (which, under the new law, 
were supposed to have at least 30 percent women). The top election 
officials, although not party members, were selected by negotiation 
among the political parties in Congress. However, representatives to 
the ANC were not chosen from party lists, and top election officials 
did not function as formal representatives of political parties.
    President Chavez had promised during his 1998 presidential campaign 
to reform the Government and to use a constitutional assembly as the 
primary mechanism to accomplish this objective. On January 19, the 
Supreme Court ruled that a national referendum on the proposed 
constitutional assembly did not violate the existing Constitution. The 
Young Jurists civic association and the Foundation for Human Rights 
both had challenged the referendum in October and December 1998, 
respectively, and the January ruling addressed both of these challenges 
simultaneously. On February 2, President Chavez signed a decree calling 
for a consultative referendum on his proposed constitutional assembly, 
asking the public to authorize the calling of a constitutional assembly 
and to grant the President the authority to determine how its members 
would be selected. On February 8, leaders of the Democratic Action 
party asked the Supreme Court to rule the second question 
unconstitutional; the Court ruled on March 23, and Chavez modified the 
second question. On April 25, voters approved a constitutional assembly 
in elections that international observers judged to be free and fair.
    On April 26, following an extended debate with Congress over the 
scope and extent of the powers, President Chavez signed an enabling law 
that granted him emergency powers and allowed him to legislate by 
decree for 6 months on economic, financial, and social issues.
    Since electoral law did not regulate specifically elections for a 
constitutional assembly, campaign regulations became the subject of 
controversy between President Chavez and the CNE. In May the CNE ruled, 
based on electoral regulations applied to other elections, that high 
public officials, including the President, could not campaign for or 
against candidates to the Constitutional Assembly. Later that month, 
five government ministers resigned to run for the ANC. President Chavez 
personally praised each candidate and disputed the CNE's ruling against 
such endorsements. The confrontation reached its conclusion in July 
when the CNE fined the President for violating the campaign regulations 
and suspended his radio and television shows. Chavez paid the fine and 
then stayed within the campaign regulations, as defined by the CNE.
    On June 17, the Supreme Court rejected an appeal of the CNE's 
ruling that party symbols or colors could not appear on the 
ANCelectoral ballot; however, it ordered the CNE to publish symbols and 
colors along with each participating organization and candidate in its 
official gazette.
    On July 25, voters elected 131 candidates to the ANC; 24 were 
elected nationally, 104 regionally, and indigenous groups chose 3 
persons. President Chavez's MVR party won 119 seats in elections that 
international observers judged to be free and fair.
    At its opening, President Chavez called upon the ANC to decree a 
state of emergency relating to all branches of the government. The ANC 
maintained that, in addition to its mandate to draft a new 
constitution, it had the authority to establish, dissolve, and 
otherwise alter government institutions. It quickly issued a Judicial 
Emergency Decree, which was supported by a majority on the Supreme 
Court but led to the resignation of the its president (see Section 
1.e.). President Chavez called several times on the ANC to dissolve 
Congress, including on one occasion in July when the Senate rejected 34 
military promotions that he sought. On August 25, the ANC issued a 
Legislative Emergency Decree limiting the legislative powers of 
Congress and subjecting those prerogatives that it retained to ANC 
approval. The decree forbade the Congress to meet in plenary session, 
which applied to state governments as well; remaining legislative 
functions were to be carried out by small standing committees. The 
decree also established two committees within the ANC to propose 
legislation to the ANC for consideration and to investigate past 
congressional actions.
    Congressional leaders subsequently said that the body would meet in 
plenary session despite the ANC measure. The secretary general of the 
Catholic Church's Episcopal Conference offered to mediate the dispute, 
and congressional leaders agreed not to try to meet in plenary session 
in exchange for a continued dialog with the ANC. However, some rank and 
file members of Congress, from parties that did not support the 
President, disagreed with the leadership and declared themselves in 
general committee. When they tried to read their declaration in front 
of Congress, they were attacked by ANC supporters, whom the police 
dispersed with tear gas. Congressional Vice President Capriles appealed 
the ANC's decree to the Supreme Court. In April the Supreme Court 
indicated that Congress could not be shut down until a new constitution 
was approved in a national referendum.
    The Catholic Church continued to mediate talks between 
congressional members and the ANC, allowing for continued dialog 
between the two groups. On September 6, the two groups reached an 
agreement that allowed Congress to begin holding sessions in October, 
on an agenda prenegotiated with the ANC, and on September 9, an 
agreement was signed that effectively nullified the Legislative 
Emergency Decree, allowing Congress to resume its regular duties and 
the ANC to focus on drafting a new constitution. In early October, the 
Supreme Court rejected Capriles's challenge to the legislative decree, 
ruling that the ANC was not bound by the Constitution, as a result of 
the mandate it received from the public in the referendum.
    On September 14, the ANC's president submitted a draft 
constitutional text to the ANC, which then was debated. In November the 
ANC presented its draft constitution to the public, and on December 15, 
71 percent of voters approved the new Constitution. The abstention rate 
was 54 percent, due in part to the heavy rains in parts of the country. 
CNE rules for the election allowed public officials and bureaucrats to 
campaign actively to maximize public participation in the referendum, 
but they were not allowed to campaign in favor of an affirmative or 
negative vote. On December 30, the Official Gazette published the text 
of the new Constitution, and it formally entered into force, abrogating 
the previous constitution.
    On December 23, the ANC appointed a new provisional executive board 
for the CNE; the move was criticized by civil society organizations and 
by the existing CNE leadership.
    Women and nonwhites participate fully in government and politics; 
however, they remain underrepresented in senior leadership positions 
and national elective office. The bicameral Congressional Committee for 
Women's Rights focused on promoting political office-holding 
opportunities for women. In the November 1998 regional elections, women 
won 25 seats as deputies in the 207-member lower house of Congress, and 
5 seats in the 53-member Senate; in the July elections, 16 women won 
seats in the 131-member National Constitutional Assembly. President 
Chavez appointed three women to ministerial positions in February. 
However, following the reorganization after passage of the Organic Law 
of Central Administration on August30, which reduced the number of 
ministries to 14, there were no women in ministerial positions.
    Indigenous people traditionally have not been integrated fully into 
the political system due to their limited knowledge of politics, low 
voter turnout, geographic isolation, and fewer economic and educational 
opportunities. Few indigenous people are in government, and only one 
was in Congress as an alternate deputy; there were 3 indigenous members 
of the ANC, who were chosen by traditional indigenous procedures. In 
February the President appointed Atala Uriana Pocaterra--an indigenous 
rights activist and member of the Wayuu indigenous group--as Minister 
of Environment and Natural Renewable Resources, making her the first 
indigenous person to occupy a ministry-level position. Along with four 
other ministers, she resigned in May at the President's request to run 
for a seat in the ANC. In addition to the three seats reserved for 
indigenous representatives elected by the indigenous communities, 
Uriana won a regional seat from Zulia state.
    In March the National Indigenous Council of Venezuela (CONIVE), 
which claims to represent all indigenous groups, held an indigenous 
congress in which it selected three representatives to the ANC. 
Opposing indigenous groups contested the selections, and the CNE 
refused to ratify the choices, since they were made before the national 
referendum that approved the proposed constitutional assembly. After 
consulting with the indigenous communities, the CNE decided to 
reconvene an indigenous assembly in which approximately 600 
representatives of the various groups would select their 
representatives; the assembly ratified the original choices. The active 
participation of indigenous people resulted in an expansion of their 
rights in the new Constitution.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of human rights groups generally operate without 
government restriction, investigating and publishing their findings on 
human rights cases.
    President Chavez met with human rights NGO's to listen to their 
suggestions and to discuss human rights issues during his consultations 
with a broad spectrum of society to formulate a plan for the 
convocation of the ANC. However, the human rights groups remained 
concerned about the lack of a new human rights agenda or of support for 
the national human rights agenda formulated by the previous government 
in a July 1997 symposium with NGO's. The Chavez administration also did 
not support the National Human Rights Commission that former President 
Caldera created in 1996 as a mechanism to coordinate the Government's 
human rights programs and to serve as a forum for dialog with NGO's. 
Despite the Commission's paralysis, NGO's have developed good 
relationships with specific ministries, such as the Ministry of 
Education to develop educational materials on human rights, and the 
Foreign Ministry to discuss the resolution of existing human rights 
cases against the Government in international courts.
    The Defense Ministry's Human Rights Office made significant 
advances to incorporate human rights training into the military's 
curriculum. However, although the Defense Ministry continued to reject 
the validity of NGO reports of alleged human rights violations by the 
armed forces, it remained unwilling to provide evidence to refute the 
charges, citing confidentiality regulations. The National Guard opened 
a Public Attention Office to process charges of human rights violations 
by national guard members. A national Police Committee created in 
September 1997 to monitor police conduct, receive complaints, and 
ensure implementation of disciplinary measures no longer exists.
    During their meeting with President Chavez, the human rights NGO's 
petitioned for the release of two neighborhood leaders and one human 
rights activist who were detained arbitrarily in the border town of 
Guasdualito, after the previously suspended constitutional protections 
had been restored in February. All three were released shortly after 
the meeting. At the request of the Venezuelan Episcopal Conference, 
Chavez also issued a presidential pardon to Jose Rosario Paishi, an 
indigenous person accused of collaborating with Colombian guerrillas; 
he had been detained since May 1998.
    In September President Chavez invited the IACHR to make an on- site 
visit to the country.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The law prohibits discrimination based on ethnic origin, sex, or 
disability. However, the Government does not safeguard adequately the 
rights of indigenous people, protect women against societal and 
domestic violence, or ensure the disabled access to jobs and public 
services. Very few resources are devoted to children's welfare; young 
delinquents are locked in institutions that are unsafe.
    Women.--Violence against women is a problem, and women face 
substantial institutional and societal prejudice with respect to rape 
and domestic violence. The law makes rape extremely difficult to prove, 
requiring at a minimum medical examination within 48 hours of the 
violation. A provision in the Penal Code provides that anyone guilty of 
rape can avoid punishment if, before sentencing, he marries the victim. 
Few police officers are trained to deal responsibly with rape victims. 
In 1997, the most recent year for which statistics were available, the 
police received 7,426 reports of sexual crimes, of which over 3,600 
were cases of rape. However, women's organizations assert that such low 
figures do not accurately portray the problem of rape and sexual 
assault. They claim that many victims do not report the incident or 
press charges due to societal pressure and their own feelings of guilt.
    Domestic violence against women is very common and has been 
aggravated by the country's economic difficulties. A total of 14,683 
cases of domestic violence were reported to the authorities in 1997. 
According to local monitors, the police generally are unwilling to 
intervene to prevent domestic violence, and the courts rarely prosecute 
those accused of such abuse. In addition, poor women generally are 
unaware of legal remedies and have little access to them. On January 1, 
the Law Against Violence toward Women and Children came into force, and 
the PTJ opened the Division Against Violence to accommodate its 
provisions. This law requires the police to receive reports of domestic 
violence and obligates hospital personnel to advise authorities of 
abuse.
    The National Women's Council, an agency of the presidency with 
representation from the Ministries of Justice, Education, Family, 
Health, and Labor, in 1996 prepared a manual on violence against women 
and children, which includes information on where the victims might 
obtain assistance. There are a number of NGO's concerned with domestic 
violence, sex education, and economic discrimination. However, the 
recommendations of these groups have not been implemented widely by the 
police or other concerned governmental agencies.
    Sexual harassment in the workplace is a common problem.
    Women and men are legally equal in marriage. Women account for 
roughly half the student body of most universities, have advanced in 
many professions, including medicine and law, and gradually have 
surmounted many of the barriers to their full participation in 
political and economic life. Nonetheless, women still are 
underrepresented in the higher ranks of labor unions and private 
industry.
    The Labor Code specifies that employers must not discriminate 
against women with regard to pay or working conditions, must not fire 
them during pregnancy or for a year after giving birth, must grant them 
unpaid leave and benefits for 6 weeks before the birth of a child and 
12 weeks after, and must provide them with 10 weeks of unpaid leave if 
they legally adopt children under 3 years of age. According to the 
Ministry of Labor and the major labor federation, these regulations are 
enforced in the formal sector, although social security payments often 
are delayed.
    Children.--The Government continued to scale back its expenditure 
on education, health, and social services. While the law provides for 
universal free education, about one-third of the Ministry of Education 
budget was dedicated to post-secondary education, leaving both primary 
and secondary education chronically underfunded. According to the 
United Nations Children's Fund, only 76.5 percent of eligible children 
enter the first grade. This means that over 750,000 children remain 
outside the educational system. In addition, the 1998 annual report of 
the Community Centers for Learning (CECODAP) stated that over 400,000 
children are not eligible to receive government assistance, including 
public education, because their births arenot documented properly. In 
1998 the Government attempted to remedy this problem by adopting a new 
regulation that requires hospitals to register the births of all 
children.
    According to CECODAP's study, 500,000 children, most under the age 
of 5, have an average of 2 episodes of gastroenteritis a year, a 
sickness that is the ninth leading cause of death in the country. A 
total of 40 percent of the population under the age of 17 suffer from 
malnutrition, and 76 percent live in poverty. These conditions 
contribute to the increase in preventable diseases that are leading 
causes of infant mortality.
    An increase in poverty has raised the level of stress within 
families and led to a rise in the number of abandoned children and to 
more child abuse. A survey by the National Institute for Minors in 1994 
determined that 206,000 children were involved in illicit activities, 
principally begging but also petty theft, prostitution, and drug 
trafficking. Some 40,000 children were exploited sexually, according to 
a 1994 study. There were also reports of trafficking in children from 
other South American countries to work in Caracas as street vendors and 
housemaids (see Section 6.f.).
    The authorities in Caracas and several other jurisdictions tried to 
cope with the phenomenon of street children by imposing curfews for 
unsupervised minors. Children's rights advocates claim that curfews 
permit the police to act arbitrarily in detaining persons who have 
committed no crime. Because reform institutions are filled to capacity, 
hundreds of children accused of infractions are confined in jails where 
they are crowded into small, filthy cells, fed only once a day, and 
forced to sleep on bare concrete floors.
    In October 1997, Amnesty International reported past incidents in 
which minors were subjects of extrajudicial killings and abuse, as well 
as deficiencies in law and practice with regard to the detention of 
children. In particular, the 1980 Minors' Protection Act requires them 
to be brought before a judge within 8 days of detention, but this may 
be extended to 3 months. In addition, security forces and law 
enforcement authorities often detain children together with adults.
    Reports of child abuse are rare due to a fear of entanglement with 
the authorities and ingrained attitudes regarding family privacy. The 
overburdened judicial system, although very slow, generally ensures 
that in most situations children are removed from abusive households 
once a case has been reported. However, public facilities for such 
children are inadequate and have poorly trained staff.
    People with Disabilities.--The physically disabled have minimal 
access to public transportation, and ramps are practically nonexistent, 
even in government buildings. According to local advocates, the 
disabled are discriminated against in many sectors, including 
education, health care, and employment.
    In 1993 the Government passed the first comprehensive law to 
protect the rights of the disabled. The law requires that all newly 
constructed or renovated public parks and buildings provide access for 
the disabled. Among other important provisions, the law forbids 
discrimination in employment practices and in the provision of public 
services. However, the Government did not make a significant effort to 
implement the new law, to inform the public of it, or to try to change 
societal prejudice against the disabled.
    Indigenous People.--Although the law prohibits discrimination based 
on ethnic origin, members of the country's indigenous population 
frequently suffer from inattention to and violation of their human 
rights. Many indigenous people are isolated from modern civilization 
and lack access to basic health and educational facilities. High rates 
of cholera, hepatitis-B, malaria, and other diseases plague their 
communities. There are approximately 316,000 indigenous people in 27 
ethnic groups.
    The Constitution provides for special laws governing ``the 
protection of indigenous communities and their progressive 
incorporation into the life of the nation.'' Nonetheless, local 
political authorities seldom take account of the interests of 
indigenous people when making decisions affecting their lands, 
cultures, traditions, and allocation of natural resources. As farmers 
and miners intrude on their habitats, indigenous communities are 
threatened by deforestation and water pollution. Few indigenous people 
hold title to their land, but many do notwant to since most indigenous 
groups reject the concept of individual property and want the 
Government to recognize lands traditionally inhabited by them as 
territories belonging to each respective indigenous group.
    At year's end, the Supreme Court of Justice had not yet ruled on a 
lawsuit filed by environmental and indigenous organizations challenging 
a 1997 decree that permitted the expansion of legal mining activities 
in the Imataca Forest Reserve. The groups charged that only Congress 
can change the nature of the reserve, that there was an inadequate 
public review process prior to the change, and that expanded mining 
activities would affect adversely the health of the Warao, Arawako, 
Karina, Akawaio, and Pemon indigenous communities that inhabit the 
Imataca watershed area. In November 1997, the Supreme Court ordered the 
Government not to issue any new mining concessions in the Imataca 
reserve until the Court ruled on the constitutionality of the 
presidential decree. In June President Chavez said that he planned to 
enact a new law to regulate the use of the Reserve and that it would 
annul the 1997 decree.
    The controversy over infrastructure development and the maintenance 
of traditional Indian lifestyles is most evident in Bolivar state, 
where the Pemon Indians continued to protest the building of power 
lines through Canaima National Park. In September the Pemons knocked 
down an electrical tower, blocked a key highway linking the country to 
Brazil, and detained three trucks being used to build the lines.
    The Yanomami, among the most isolated of the indigenous people, 
have been subject to persistent incursions into their territory by 
illegal gold miners. The miners have not only introduced new diseases 
but social ills as well. In December 1996, a number of human rights 
organizations, acting on behalf of the Yanomami community of Haximu, 
petitioned the IACHR in connection with the 1993 massacre of 16 members 
of the community by Brazilian miners. The petition alleges that the 
Government failed in its obligation to protect the Yanomami and to seek 
appropriate punishment of the killers, who were released by the 
Brazilian authorities after 3 months' detention. In May 1998, the 
Government agreed to work with the NGO's under IACHR mediation to 
resolve the case. In November the Government signed an agreement to 
compensate the Yanomami; plans to implement this agreement were being 
discussed at year's end.
    Since 1998 hundreds of members of the Warao indigenous group have 
migrated from their traditional homelands in the swampy Orinoco delta 
region to the capital of Caracas where they live in the streets, 
selling their traditional crafts and begging. The Warao say that 
flooding and petroleum exploration have eroded their traditional means 
of survival, fishing, and horticulture. In addition, many Warao no 
longer want to or no longer possess the knowledge required to survive 
in their traditional manner. However, the Caracas city government and 
the Metropolitan Police have maintained a policy of forcing the Warao 
to return to the delta by rounding them up and loading them onto buses. 
In 1998 they returned, on average, groups of 100 Warao, at least 15 
times. Many of the Warao return to Caracas, citing lack of jobs and 
money in the delta and their ability to receive approximately $225 
(130,000 bolivars) per week in handouts in Caracas.
Section 6. Worker Rights
    a. The Right of Association.--Both the Constitution and labor law 
recognize and encourage the right of workers to organize. The 
comprehensive 1990 Labor Code extends the right to form and join unions 
of their choosing to all private sector and public sector employees 
(except members of the armed forces). The code mandates registration of 
unions with the Ministry of Labor, but it reduces the Ministry's 
discretion by specifying that registration may not be denied if the 
proper documents (a record of the founding meeting, the statutes, and 
the membership list) are submitted. Only a judge may dissolve a union, 
and then only for reasons listed in the law, such as the dissolution of 
a firm or by agreement of two-thirds of the membership.
    One major union confederation, the Venezuelan Confederation of 
Workers (CTV), three small union confederations, and a number of 
independent unions operate freely. About 28 percent of the national 
labor force is unionized. The CTV's top leadership includes members of 
several political parties but the majority are affiliated with one of 
the traditional parties, Democratic Action. The CTV and the AD 
influence each other.
    In September the ANC debated a proposed labor decree, which called 
for the closing of unions and federations, and the establishment of a 
single federation; however, the decree had not been enacted at year's 
end. On September 13, the ANC and the CTV formalized an agreement to 
create a single, unified workers confederation with free and open 
leadership elections. On October 23, the CTV voted to coordinate action 
plans with the country's three other labor confederations, with the 
collaboration of the ANC.
    The law recognizes the right of public and private sector employees 
to strike. However, public servants may exercise it only if it does not 
cause ``irremediable damage to the population or to institutions.'' The 
Labor Code allows the President to order public or private sector 
strikers back to work and to submit their dispute to arbitration if the 
strike ``puts in immediate danger the lives or security of all or part 
of the population.'' During the year, most strikes were brief and 
occurred among government employees such as petroleum workers, health 
workers in public hospitals and clinics, and firefighters. In May 
striking truckers blocked the border crossing between Tachira state and 
Colombia for 2 weeks, to protest competition from Colombian truckers.
    There are no restrictions on affiliation with international labor 
organizations, and many union organizations are active internationally.
    b. The Right to Organize and Bargain Collectively.--The Labor Code 
protects and encourages collective bargaining, which is practiced 
freely. According to the code, employers must negotiate a collective 
contract with the union that represents the majority of their workers. 
The code also contains a provision stating that wages may be raised by 
administrative decree, provided that the Congress approves the decree. 
The law prohibits employers from interfering with the formation of 
unions or with their activities and from stipulating as a condition of 
employment that new workers must abstain from union activity or must 
join a specified union.
    Ministry of Labor inspectors hear complaints regarding violations 
of these regulations, and can impose a maximum fine of twice the 
minimum monthly wage for a first infraction. Under the code, union 
officials enjoy special protection from dismissal. If a judge 
determines that any worker was fired for union activity, the worker is 
entitled to back pay plus either reinstatement or payment of a 
substantial sum of money, which varies according to his years of 
seniority.
    Labor law and practice are the same in the sole export processing 
zone, located in Punto Fijo, as in the rest of the country.
    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
states that no one may ``obligate others to work against their will,'' 
and such practices generally are not known to occur. Apart from the 
general prohibition of compulsory labor, the law does not prohibit 
specifically forced and bonded labor by children, but such practices 
generally are not known to occur; however, there were reports that 
children were trafficked into the country to work as housemaids and 
beggars (see Section 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Code and the Tutelary Law for Minors contain 
provisions to protect children from exploitation in the workplace. The 
Ministry of Labor and the National Institute for Minors enforce child 
labor policies effectively in the formal sector of the economy but much 
less so in the informal sector, which accounts for the vast majority of 
child laborers. A plan formulated by the National Institute for Minors 
in 1996 to reach and better protect children who work in the informal 
sector has not been implemented because of a lack of funding.
    Primary school education is compulsory, free, and universal. 
However, 64 percent of children leave school before the ninth grade. In 
a 1996 survey of working children conducted by the National Institute 
for Minors, 45 percent of those polled stated that they were not in 
school. The actual figure is probably much higher considering that 
those who stated that they attended school also reported that they 
worked on average 7\1/2\ hours a day 4 to 7 days a week.
    The Labor Code allows children between the ages of 12 and 14 to 
work only if the National Institute for Minors or the Labor Ministry 
grants special permission. It states that children between the ages of 
14 and 16 may not work without permission from their legal guardians. 
Minors may not work in mines or smelters, in occupations that risk life 
or health, that could damage intellectual or moral development, or in 
public spectacles.
    Those under 16 years of age must by law work no more than 6 hours a 
day or 30 hours a week. Minors under the age of 18 may work only 
between the hours of 6 a.m. and 7 p.m. The estimated 1.2 million 
children who work in the informal sector, mostly as street vendors, 
generally work more hours than the total permitted under the law. In 
the National Institute for Minors 1996 survey of working children, half 
the children worked both morning and afternoon, and 64.5 percent worked 
6 or 7 days a week. The Government's Central Office of Statistics and 
Information reports that 12 percent of the country's children between 
the ages of 10 and 17 are working, have worked at some time, or are 
seeking work. Of that number, approximately 70 percent work in the 
informal sector of the economy. Less than 300,000 of those working in 
the informal sector have work permits.
    Apart from the general prohibition of compulsory labor, the law 
does not specifically prohibit forced and bonded labor by children, but 
such practices generally are not known to occur; however, there were 
reports of trafficking in children (see Sections 6.c. and 6.f.).
    e. Acceptable Conditions of Work.--The monthly minimum wage was 
$201 (120,000 bolivars) in the private sector for urban workers and 
$165 (98,000 bolivars) for rural workers, effective May 1. Total take-
home pay in the public sector, the product of collective bargaining, 
was at least equal to that received by private sector minimum wage 
workers. Fringe benefits are added to these minimum figures; they vary 
with the workers' individual circumstances, but in general increase 
wages by about one-third. However, even with these benefits, the 
minimum wage is not sufficient to provide a decent standard of living 
for a worker and family. Unions point out that a worker's income is 
often less than the cost of a family's basic monthly food basket, 
estimated by the Center for Documentation and Analysis for Workers in 
September at $363 (228,591 bolivars). Under the Labor Code, minimum 
wage rates are set by administrative decree, which Congress may either 
suspend or ratify but may not change. The law excludes only domestic 
workers and concierges from coverage under the minimum wage decrees. 
The Ministry of Labor enforces minimum wage rates effectively in the 
formal sector of the economy, but about one- half of the population 
works in the informal sector, where labor laws and protections 
generally are not enforced.
    The 1990 Labor Code reduced the standard workweek to a maximum of 
44 hours and requires 2 ``complete days of rest each week.'' Some 
unions, such as the petroleum workers, have negotiated a 40-hour week. 
Overtime may not exceed 2 hours daily, 10 hours weekly, or 100 hours 
annually, and may not be paid at a rate less than time and a half. The 
Ministry of Labor effectively enforces these standards in the formal 
sector.
    The authorities have yet to promulgate regulations to implement the 
1986 Health and Safety Law, which is not enforced. The delay is due 
largely to concern that the law provides penal sanctions against 
management when violations of health and safety occur and that there is 
ambiguity in the law over what constitutes a violation. The Labor Code 
states that employers are obligated to pay specified amounts (up to a 
maximum of 25 times the minimum monthly salary) to workers for 
accidents or occupational illnesses, regardless of who is responsible 
for the injury.
    The code also requires that workplaces maintain ``sufficient 
protection for health and life against sicknesses and accidents,'' and 
it imposes fines ranging from one-quarter to twice the minimum monthly 
salary for first infractions.
    However, in practice Ministry of Labor inspectors seldom close down 
unsafe job sites. Under the law, workers can remove themselves from 
dangerous workplace situations without jeopardy to continued 
employment.
    f. Trafficking in Persons.--There were reports that women were 
trafficked to Spain for purposes of prostitution.
    There also were reports of trafficking in children from other South 
American countries to work in Caracas as street vendors and housemaids.
                       EAST ASIA AND THE PACIFIC

                              ----------                              


                               AUSTRALIA

    Australia has a federal system of government and a long history as 
a multiparty parliamentary democracy. The judiciary is independent.
    Federal, state, and local police are under the firm control of the 
civilian authorities and carry out their functions in accordance with 
the law. There were occasional reports that police committed abuses.
    A highly developed economy, which includes manufacturing, mining, 
agriculture, and services, provides most citizens with a high per 
capita income. A wide range of government programs offers assistance 
for disadvantaged citizens.
    The Government generally respects the human rights of its citizens, 
and the law and judiciary provide effective means of dealing with 
individual instances of abuse. There were occasional reports that 
police beat or otherwise abused persons. The Government administers 
many programs to improve the socioeconomic conditions of Aborigines and 
Torres Straits Islanders, who together form about 2 percent of the 
population, and to address longstanding discrimination against them. 
Societal violence and discrimination against women are problems that 
are being addressed actively. Trafficking in women, a growing problem, 
also is being addressed.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings by government officials. However, 93 
persons died in prisons, police custody, or during police attempts to 
detain them (see Section 1.c.).
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits all such practices; however, police on 
occasion mistreat suspects in custody. Indigenous groups charge that 
police harassment of indigenous people is pervasive and that racial 
discrimination among police and prison custodians persists. Amnesty 
International reported several incidents that involved such abuses. 
State and territorial police forces have internal affairs units that 
investigate allegations of abuse and report to a civilian ombudsman.
    In 1998 the total number of deaths in custody fell by 10 to 93. Of 
these, 24 deaths occurred in police custody or during attempts by 
police to detain suspects. The remainder occurred in prison custody, 
including one youth who died in a juvenile detention center. Of the 
total deaths in custody, 38 persons died from hanging. Twenty persons 
died of natural causes. Five died as a result of injuries sustained 
while fleeing police during high-speed pursuit. The police shot and 
killed six persons; in all cases the use of deadly force was found to 
be justified. One person died from a self-inflicted gunshot wound. A 
record eight prison inmates died during 1998 at the hands of another 
inmate. Eleven persons died as a result of drug overdoses. Three died 
of unknown causes. One cause of death is still to be determined by a 
coroner.
    Aboriginal adults represent 1.6 percent of the adult population but 
constituted approximately 19 percent of the total prison population 
during 1998. Aborigines accounted for 16 (17 percent) of the 93 deaths 
in custody. Six died in police custody or during attempts by police to 
detain them. Of the six, one died from hanging; two died of natural 
causes; one died from injuries; one died from a self-inflicted gunshot 
wound during a police siege; and one died from an undetermined cause, 
possibly smoke inhalation, after setting a fire in his cell. Nine died 
in prison. Of the nine, five died from hanging; three died of natural 
causes; and one died from injuries inflicted by another inmate. For the 
first time since 1988, an indigenous youth died, from hanging, in a 
correctional setting.
    Prison conditions meet minimum international standards, and the 
Government permits visits by human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest, detention, or exile, and the Government observes this 
prohibition.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the executive and legislative branches 
respect its provisions.
    There is a well-developed system of federal and state courts, with 
the High Court at its apex. Almost all criminal trials are conducted by 
courts established under state and territorial legislation. The Federal 
Court and the High Court have very limited roles to play.
    The law provides for the right to a fair trial, and an independent 
judiciary vigorously enforces this right.
    When trials are conducted in local courts, the magistrates sit 
alone. In higher courts, namely the state district or county courts and 
the state or territorial supreme courts, trials are usually conducted 
before a judge and jury. The jury decides on the facts and a verdict 
after a trial conducted by a judge.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law prohibits such practices; government 
authorities generally respect these prohibitions, and violations are 
subject to effective legal sanction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Although there is no bill of 
rights, in two decisions the High Court has indicated that freedom of 
political discourse is implied in the Constitution. The Government 
respects these rights in practice. An independent press, an effective 
judiciary, and a functioning democratic political system combine to 
ensure freedom of speech and of the press, including academic freedom.
    b. Freedom of Peaceful Assembly and Association.--Although these 
rights are not codified in law, citizens exercise them without 
government restriction.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice. The 
Constitution prohibits the adoption of a state religion. Minority 
religions are given equal rights to land, status, and building of 
places of worship.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for these rights, and 
the Government respects them in practice.
    The Government encourages immigration by skilled migrants, family 
members, and refugees.
    The Government cooperates with the U.N. High Commissioner for 
Refugees and other humanitarian organizations in assisting refugees, 
and relevant laws and regulations are in accordance with the 1951 U.N. 
Convention Relating to the Status of Reugees and its 1967 Protocol. 
There is no provision for first asylum. In April the Government offered 
temporary safe haven to 4,000 Kosovar refugees. On September 1, 550 
East Timorese were given similar temporary protection. In November the 
Government changed its policy on undocumented migrants and asylum 
seekers. Previously those who claimed a fear of persecution if returned 
to their country of origin were either issued or denied protection 
visas, providing for full residence and employment rights, with no 
intermediate measures. With the change in policy, undocumented arrivals 
are issued a temporary protection visa valid for 3 years only. This 
visa does not provide for application for family reunification and 
limits access to public benefits to medical assistance only. After 3 
years, a case is to be reviewed, at which point a full protection visa 
would be issued if the person were still unable to return home.
    Under the Migration Reform Act of 1994, asylum-seekers, who arrive 
at the border without prior authorization to enter the country, are 
automatically detained, but may be released from detention if they meet 
certain criteria--including age, ill-health, and experiences of torture 
or other trauma. The majority of asylum seekers are detained for the 
duration of the often-prolonged asylum process. The detention policy 
has led to extensive litigation initiated by human rights and refugee 
advocacy groups, which charge that the sometimes-lengthy detentions 
violate the human rights of the asylum seekers. The U.N. Human Rights 
Commission (UNHRC) stated in April 1997 that Australia had violated the 
rights of a boat person by detaining him for more than 4 years while 
his applications to remain in the country were being considered. The 
UNHRC stated that his detention was arbitrary and in violation of the 
InternationalCovenant on Civil and Political Rights. In an April 1997 
report to Parliament, the federally funded but independent Australian 
Human Rights and Equal Opportunity Commission also condemned the 
Government's treatment of asylum seekers as breaching international 
treaty obligations.
    In 1998-99 the Government planned to accept 68,000 migrants, with 
an additional 12,000 admitted under the humanitarian program. This 
figure includes 2,000 places for those persons already in the country 
who are granted refugee status. As in 1997-98, the humanitarian program 
continues to give priority to the former Yugoslavia, the Middle East, 
and Africa. Persons admitted under the humanitarian program have 
immediate access to a wide range of government welfare and health 
benefits, including income support, English education, and translating 
and interpreting services. In 1997-98 the Government spent 
approximately $7 million for resettlement services for refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage and mandatory voting. In October 1998, voters 
elected the Liberal-National Party coalition to a second 3-year term of 
office. On November 6, voters rejected a referendum to amend the 
Constitution to become a republic.
    No legal impediments exist to prevent women and indigenous people 
from holding public office. However, historical patterns of bias 
against women have contributed to their underrepresentation in 
government and politics. Approximately 25 percent of federal 
parliamentarians are women, an increase from the 22 percent in the last 
Parliament. Both the Government and the opposition have declared their 
intent to increase the numbers of women elected to public office.
    The deleterious effects of poor educational achievement and a 
generally inferior socioeconomic status have contributed significantly 
to the underrepresentation of Aboriginals among political leaders. One 
Aboriginal was elected to the Federal Senate in the October 1998 
elections; there were no Aboriginals in the previous Parliament.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of human rights groups operate without government 
restriction (and in some instances with government funding), 
investigating and publishing their findings on human rights cases. 
Government officials cooperate and respond to their views. Overall 
complaints of discrimination dropped from 2,249 in 1996-97 to 1,522 in 
1997-98, a 32 percent reduction.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The law prohibits discrimination based on these factors, and the 
Government and an independent judiciary vigorously enforce the 
prohibition.
    From July 1998 to June 1999, 37 cases of assault against gays and 
lesbians were reported in the state of New South Wales.
    Women.--Social analysts and commentators estimate that domestic 
violence may affect as many as one family in three or four. Wife 
beating is particularly prevalent in certain Aboriginal communities. 
The Government recognizes that domestic violence and economic 
discrimination are serious problems and the statutorily independent Sex 
Discrimination Commissioner actively addresses these and other areas of 
discrimination. A 1996 Australian Bureau of Statistics (ABS) study 
found that 111,000 women who were married or in a common-law 
relationship experienced an incident of violence by their partner in 
the previous 12-month period. Almost one in four women who have been 
married or in a common-law relationship have experienced violence by a 
partner at some time during the relationship, according to the ABS 
study.
    Trafficking in East Asian women for the sex trade is a growing 
problem (see Section 6.f.).
    Women have equal status under the law, and the law provides for pay 
equity. There are highly organized and effective private and public 
women's rights organizations at the federal, state, and local levels. 
There is a federal-level Office of the Status of Women that monitors 
women's rights. The federal Sex Discrimination Commissioner receives 
complaints and attempts to resolve those that are deemed valid. 
According to governmentstatistics, sex discrimination complaints fell 
by 37 percent from the previous year. In August the Office of the 
Status of Women estimated the ratio of female to male full-time average 
hourly earnings was 85 percent. This was termed ``the highest on 
record.''
    Children.--The Government demonstrates its strong commitment to 
children's rights and welfare through its publicly funded systems of 
education and medical care. The Government provides rebates of 
approximately 10 percent of the cost of childcare to all parents and 
provides additional childcare subsidies to lower income families.
    The federal Human Rights and Equal Opportunity Commission receives 
complaints and attempts to resolve those it finds valid. Similarly, the 
six states and two territories investigate complaints of neglect or 
child abuse and institute practical measures aimed at protecting the 
child when such complaints prove founded. The Government has enacted 
strict legislation aimed at restricting the trade in, and possession 
of, child pornography, and which further allows suspected pedophiles to 
be tried in Australia regardless of where the crime was committed. 
There is no societal pattern of abuse.
    The Government and domestic NGO's have responded promptly to the 
problem of a small number of children who have been smuggled into the 
country generally for the sex trade. The NGO End Child Pornography and 
Trafficking in Children (ECPAT) has conducted an aggressive public 
education campaign to raise awareness of the issue and offer strategies 
to combat trafficking in children. ECPAT successfully lobbied the 
Department of Immigration and Multicultural Affairs (DIMA) to conduct 
police checks of unaccompanied children entering the country to verify 
that they are not part of a trafficking operation (see Section 6.f.).
    People With Disabilities.--Legislation prohibits discrimination 
against disabled persons in employment, education, or other state 
services. The Disability Discrimination Commissioner promotes 
compliance with federal laws that prohibit discrimination against 
disabled persons. The Commissioner also promotes energetic 
implementation and enforcement of state laws that require equal access 
and otherwise protect the rights of disabled persons. On July 21, the 
Human Rights and Equal Opportunity Commission found that a private 
primary school had violated the federal Disability Discrimination Act 
when it refused to enroll a 7-year-old girl with spina bifada in its 
kindergarten program. The school is appealing the ruling through the 
federal courts.
    No federal legislation mandates the uniform provision of 
accessibility for the disabled. It is lawful to deny employment or 
services to those with disabilities if there are reasonable grounds for 
believing that the disabled person would be unable to carry out the 
work or would require the employer or service provider to furnish 
services or facilities that could not reasonably be provided.
    Indigenous People.--The Racial Discrimination Act of 1975 prohibits 
discrimination on grounds of race, color, descent, or national or 
ethnic origin. The Ministry for Aboriginal Affairs, in conjunction with 
the Aboriginal and Torres Straits Islander Commission (ATSIC), has the 
main responsibility for initiating, coordinating, and monitoring all 
governmental efforts to improve the quality of life of indigenous 
people. A wide variety of government initiatives and programs seek to 
improve all aspects of Aboriginal and Torres Straits Islander life. In 
1998 the Federal Government spent approximately $1.13 billion on 
health, welfare, education, and regional development programs targeted 
at assisting Aboriginal people. Spending on indigenous-specific 
programs is now the highest on record in real terms and in 1998 
amounted to almost $14,000 annually per Aboriginal household.
    However, in practice indigenous Australians continue to experience 
significantly higher rates of imprisonment, inferior access to medical 
and educational institutions, greatly reduced life expectancy rates, 
elevated levels of unemployment, and general discrimination, which 
contribute to a feeling of powerlessness.
    Nationally, indigenous people are imprisoned at 21 times the rate 
of nonindigenous people. Over 45 percent of Aboriginal men between the 
ages of 20 and 30 years have been arrested at some time in their lives. 
The prison incarceration rate for indigenous juvenile offenders is 21 
times that of nonindigenous juveniles. Indigenous groups claim that the 
Government's lack of response to a series of recommendations by the 
1991 Royal Commission into Aboriginal Deaths in Custody contributes to 
these disturbing statistics. Human rights observers claim 
thatsocioeconomic conditions give rise to the common precursors of 
indigenous crime, e.g., unemployment, homelessness, and boredom.
    Indigenous groups charge that police harassment of indigenous 
people including juveniles is pervasive and that racial discrimination 
among police and prison custodians persists. A human rights delegation 
that visited in 1996 alleged a pattern of mistreatment and arbitrary 
arrests occurring against a backdrop of systematic discrimination. Most 
of the juveniles interviewed complained about violence occurring after 
apprehension and during questioning about alleged offenses. In November 
1998, the Queensland Government launched an inquiry after it was 
discovered that an 11-year-old Aboriginal boy had been held for 3 days 
in an adult detention center because no youth facility was available in 
that remote part of the state. Government statistics confirm the common 
perception among indigenous people that police systematically mistreat 
them. Government reports have suggested that the pursuit of economic 
self-determination for indigenous people would greatly assist in 
solving the crime problems in indigenous communities and the 
differences in rates of imprisonment.
    The average life expectancy of an indigenous person is 20 years 
less than that of a nonindigenous person. The infant mortality rate for 
indigenous children is 3 times that of nonindigenous children. The 
maternal mortality rate for indigenous women is 5 times that of 
nonindigenous women. The incidence of illnesses such as tuberculosis, 
leprosy, hepatitis, and of sexually transmitted diseases is 10 times 
greater among indigenous people than nonindigenous people. Data 
indicate that 22.5 percent of indigenous children complete secondary 
education compared with 76.2 percent of nonindigenous children. 
Government statistics for 1995 show that the participation rate in 
university education for Aboriginals is 2.4 percent (up from 1.8 
percent in 1991) compared with 2.7 percent for non-Aboriginals.
    Government programs, including a $750 million indigenous land fund 
and a ``Federal Social Justice Package,'' aim at ameliorating the 
challenges faced by indigenous Australians. In July 1998, after a 
compromise with its opponents, the Government was able to pass 
amendments to the 1993 Native Title Act. The ATSIC stated that the 
amended act contains gains for Aboriginal people but still contains 
``substantial pain'' for native title claimants. Aboriginal leaders 
were pleased by the removal of the time limit for lodging native title 
claims but expressed deep concern about the weakening of Aboriginal 
rights to negotiate with non-Aboriginal leaseholders over the 
development of rural property. Aboriginal groups continue to express 
concern that the amended act limits the future ability of Aboriginal 
people to fully protect their property rights. At present 15 percent of 
Australian land is owned or controlled by Aboriginal people. In March 
the U.N. Committee on the Elimination of Racial Discrimination (CERD) 
expressed serious concern about the Government's Native Title 
amendments and asked the Government to explain why the amendments were 
not racially discriminatory. In August then-ASTIC Chairman Gatjil 
Djerrkura asked the CERD to maintain scrutiny on the Howard Government. 
He claimed that the Howard Government had continued to ignore concerns 
raised by the CERD.
    On August 26, the Government, in identical motions passed by both 
Houses of the Federal Parliament, expressed public regret for past 
mistreatment of the Aboriginal minority; however, the government-
sponsored motion of reconciliation was criticized by many aboriginal 
leaders as not going far enough. Prime Minister Howard acknowledged the 
``most blemished chapter in our national history'' and submitted a 
seven-point motion to Parliament. Howard proposed that Parliament 
express ``its deep and sincere regret'' that Aborigines had ``suffered 
injustices under the practices of past generations, and for the hurt 
and trauma that many indigenous people continue to feel.'' However, 
both Aboriginal and opposition leaders stated that only a full apology 
would be sufficient. The Government also continues to oppose an 
official apology in the specific case of the ``Stolen Generation'' of 
Aboriginal children, who were taken from their parents by the 
Government from 1910 to the early 1970's and raised by foster parents 
and orphanages. The Government's position remains that the present 
generation has no responsibility to apologize for the wrongs of a 
previous generation.
    As of October, the Federal Government had allocated an additional 
$7 million over 4 years to the Link Up Program, which was created to 
reunite members of the Stolen Generation with their families. The ASTIC 
spent over $630,000 during the financial year ending June 30 on 
location, reunion, and counseling support for members of the Stolen 
Generation. Across the nation, Link Up counselors are assisting over 
2,500 Aboriginal clients. The ASTIC reports that during the financial 
year ending June 30, it assisted the reunion of slightly more than 100 
clients with their families.
    Following the October 1998 reelection of the Government, Prime 
Minister Howard gave Immigration and Multicultural Affairs Minister 
Philip Ruddock additional duties with regard to Aboriginal Australians. 
In his victory speech followingreelection, Howard said that he would 
make reconciliation with Aboriginals one of his second term priorities. 
In June the Council on Aboriginal Reconciliation released its draft 
document of reconciliation for public comment and discussion. Created 
by Parliament in 1991, the Council is to hold its culminating national 
event in May 2000, at which time it is to release a document of 
reconciliation, which is intended to serve as a national blueprint for 
healing between indigenous citizens and the wider community.
    National/Racial/Ethnic Minorities.--Although Asians make up less 
than 5 percent of the population, they account for 40 percent of recent 
immigrants. Public opinion surveys indicate growing criticism of 
immigration. In a survey published in 1996 by the Chinese-language 
newspaper Sing Tao, more than half the respondents said that they had 
been abused verbally or physically in the previous 2 months. Leaders in 
the ethnic and immigrant communities expressed concern throughout the 
year that the nativist One Nation Party had contributed to the 
increasing sense of isolation and atmosphere of vilification of 
immigrants and minorities. However, according to the Human Rights and 
Equal Opportunity Commission, during the financial year ending June 30, 
the number of racial discrimination complaints fell 37 percent from the 
previous year.
Section 6. Worker Rights
    a. The Right of Association.--The law and practice provide workers, 
including public servants, freedom of association domestically and 
internationally. Approximately 32 percent of the work force is 
unionized.
    Unions carry out their functions free from government or political 
control, but most local affiliates belong to state branches of the 
Australian Labor Party (ALP). Union members must make up at least 50 
percent of the delegates to ALP congresses, but unions do not 
participate or vote as a bloc.
    The 1996 Workplace Relations Act significantly restricted the right 
of workers to take industrial action by confining it to the period of 
bargaining, where it remains a protected action. In April this 
provision was sucessfully challenged by a union in federal court. In 
its decision, the court refused to grant an injunction against the 
union for taking industrial action outside of a bargaining period 
because it was in support of maintaining existing wages and conditions. 
The International Labor Organization (ILO) is examining whether several 
provisions of the Workplace Relations Act violate ILO conventions. 
Legislation that went into force in 1994 for the first time legalized 
what had always been a de facto right to strike.
    Laws and regulations prohibit retribution against strikers and 
labor leaders, and they are effectively enforced. In practice employers 
tend to avoid legal remedies, e.g., secondary boycott injunctions, 
available to them in order to preserve a long-term relationship with 
their unions.
    During the year, the most notable industrial action was taken by 
the coal miners of the Construction, Forestry and Mining Union, who 
struck twice, once to protest the threat to job security cased by 
reductions in coal prices, and a second time to protest nonpayment of 
entitlements following the closure of a mine. In the first action the 
Industrial Relations Commission ordered the strikers back to work. In 
the second, the Government was pressured into passing legislation to 
compensate workers.
    Unions freely may form and join federations or confederations, and 
they actively participate in international bodies.
    b. The Right to Organize and Bargain Collectively.--The law and 
practice provide workers with the right to organize and bargain 
collectively, and the law protects them from antiunion discrimination.
    The Workplace Relations Act contains curbs on union power, 
restrictions on strikes, and a new unfair-dismissal system. Several 
unions are considering challenging the law on the grounds that it 
violates the right to assembly provided for in several International 
Labor Organization conventions that Australia has signed. The primary 
curb on union power is the abolition of closed shops and union 
demarcations. Although unions are weakened, this provision could create 
many small and competing unions at individual worksites. The 
restrictions on strikes include heavy fines for labor unrest during the 
life of an agreement and tougher secondary-boycott provisions. The new 
unfair-dismissal system further limits redress and compensation claims.
    The negotiation of contracts covering wages and working conditions 
is gradually shifting from the centralized system of the past. 
Previously legislation provided for the negotiation ofsimpler 
``enterprise agreements,'' which were negotiated by individual 
companies with their workers or with the relevant union(s). The federal 
and state governments administered centralized minimum-wage awards and 
provided quasi-judicial arbitration, supplemented by industrywide or 
company-by-company collective bargaining. The Workplace Relations Act 
also provides for the negotiation of Australian Workplace Agreements 
(AWA's) between employers and individual workers. These agreements are 
subject to far fewer government regulations than the awards. At present 
the AWA's are required to be roughly equivalent to basic working 
conditions in the award that would apply to the sector to which the 
firm belongs.
    There are no export processing zones. The Darwin Trade Development 
Zone, Northern Territory, attempts to increase exports via a 
geographically defined free trade zone. In practice the Darwin 
initiative is focused almost exclusively on its Asian neighbors to the 
north and west.
    c. Prohibition of Forced or Compulsory Labor.--Although there are 
no laws prohibiting it, forced labor, including forced and bonded labor 
by children, generally is not practiced. However, as a result of the 
discovery in April of children in several clothing sweatshops in Sydney 
and Melbourne, the Attorney General's Department is studying the 
existing laws and considering whether new legislation would strengthen 
the Government's ability to combat the problem. Most cases of abuses in 
the past few years have involved members of ethnic communities from 
nations where child labor is not uncommon.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--There is no federally mandated minimum age of employment, 
but state-imposed compulsory educational requirements, monitored and 
enforced by state educational authorities, effectively prevent most 
children from joining the work force until they are 15 or 16 years of 
age. Federal and state governments monitor and enforce a network of 
laws, which vary from state to state, governing the minimum school-
leaving age, the minimum age to claim unemployment benefits, and the 
minimum age to engage in specified occupations.
    The law does not explicitly prohibit forced and bonded labor by 
children, but such practices generally are not known to occur, although 
there were isolated instances of such abuses (see Section 6.c.).
    e. Acceptable Conditions of Work.--Although a formal minimum wage 
exists, it has not been relevant in wage agreements since the 1960's. 
Instead, 80 percent of workers are covered by differing minimum wage 
rates for individual trades and professions, all of which are 
sufficient to provide a decent standard of living for a worker and 
family.
    Most workers are employees of incorporated organizations. For them, 
a complex body of government regulations, as well as decisions of 
applicable federal or state industrial relations commissions, prescribe 
a 40-hour or shorter workweek, paid vacations, sick leave, and other 
benefits. The minimum standards for wages, working hours, and 
conditions are set by a series of ``awards'' (basic contracts for 
individual industries). Some awards specify that workers must have a 24 
or 48 hour rest break each week while others specify only the number of 
days off per number of days worked.
    Federal or state safety laws apply to every workplace.
    The Occupational Health and Safety (Commonwealth Employment) Act of 
1991 provides federal employees with the legal right to cease work if 
they believe that particular work activities pose an immediate threat 
to individual health or safety. Most states and territories have laws 
that grant similar rights to their employees. At a minimum, private 
sector employees have recourse to state health and safety commissions, 
which will investigate complaints and demand remedial action.
    f. Trafficking in Persons.--Trafficking in persons is a growing 
problem. Each of the country's states and territories has a 
comprehensive set of laws designed to combat exploitative acts such as 
slavery, bonded labor, and prostitution (immigration and hence 
trafficking is a federal responsibility). In August the Federal 
Parliament passed the Criminal Code Amendment (Slavery and Sexual 
Servitude) Act 1999 to improve investigative effectiveness and ensure 
more uniform legal action. It contains new definitions of offenses 
involved in slavery, sexual servitude, and deceptive recruiting and is 
part of a comprehensive effort directed at eliminating these practices. 
The act also provides for extraterritorial jurisdiction over citizens 
and persons of other nationalities incertain circumstances. It includes 
penalties of up to 25 years' imprisonment.
    Another government initiative was the Child Sex Tourism Act of 
1994, which provides for the investigation and prosecution of citizens 
who travel overseas and engage in illegal sexual conduct with children.
    Trafficking in East Asian women for the sex trade is a growing 
problem. Immigration and federal police have developed profiles and 
identified trends in the industry, but lax laws--including legalized 
prostitution in parts of the country--make enforcement difficult at the 
working level.
    Australian Federal Police (AFP) and the Department of Immigration 
and Multicultural Affairs (DIMA) have determined that women and 
children from Thailand, the Philippines, Malaysia, China, Indonesia, 
and South Korea are trafficked into the country for purposes of 
prostitution. Some of the brothels that employ these prostitutes are 
owned and operated by prominent organized crime figures, and 
connections have been made to triad societies (ethnic Chinese gangs 
historically headquartered in Hong Kong) such as the 14k. (These groups 
also are suspected of involvement in international heroin trafficking 
and money laundering.) The high profit potential, combined with the 
difficulty of detection and previously low penalties when prosecuted, 
has resulted in the spread of groups engaged in these activities.
    While the numbers of women being brought into the country are 
relatively small (in the hundreds per year), they are subjected to what 
is essentially indentured sexual servitude. Recent investigations by 
DIMA found women locked in safe houses with barred windows, with no 
access to medical care or the outside world. These women have been 
lured either by the idea that they would be waitresses in restaurants 
or, in some cases, coerced to come by criminal elements operating in 
their home countries. Their movements often are controlled strictly. 
Some women are escorted to the various brothels and later collected and 
taken back to their residences until their next shift. To reduce the 
likelihood of all their workers being apprehended in one raid (as 
occurred in Sydney in 1992, with the mass arrest of 16 Asian women 
living at one address) organizers sometimes house the prostitutes in 
separate residential premises. Women have been charged up to 
approximately $25,000 (A$40,000) to come to the country and pay off the 
cost of their smuggling by performing sexual ``services.'' Some women 
also are obliged to pay off additional hidden assessments for clothing 
and lodging fees, and thereby are forced into continued indentured sex 
work. There are unconfirmed reports of punishments for women who try to 
escape, including executions, beatings, and transfers to more secure 
brothels.
    Anecdotal evidence suggests that an increasing number of children, 
mainly from Asia, are entering the country as sex workers. The numbers 
of children involved and whether their entry into the sex industry is 
coerced is unknown. Under the laws of the various states it is illegal 
for an adult to have sex with a minor.
    There also is evidence of a growing problem of trafficking in women 
to work in sweatshops in textile, clothing, and footwear industries as 
well as in service industries, sometimes as bonded labor.
                                 ______
                                 

                                 BRUNEI

    Brunei Darussalam, a small, wealthy monarchy located on the north 
coast of Borneo, is a sultanate ruled by the same family for 600 years.
    The 1959 Constitution provided for the first delegation of 
political power by the late Sultan Omar Ali Saifuddin to an appointed 
council of state, but in 1962 the then Sultan invoked an article of the 
Constitution that allowed him to assume emergency powers for 2 years. 
These powers have been regularly renewed, most recently in July 1998. 
In August the Foreign Minister confirmed that a review of the 
Constitution had been submitted to the Sultan for approval, and that 
``an element of an election'' was in this report. Although not all the 
articles of the Constitution are suspended, the state of emergency 
places few limits on the Sultan's power. The Sultan also serves as 
Prime Minister, Minister of Defense, Minister of Finance, chancellor of 
the national university, superintendent general of the Royal Brunei 
Police Force, and leader of the Islamic faith.
    The police force, which has responsibility for internal security, 
reports to the Prime Minister's office, which includes an Internal 
Security Department, and is firmly under the control of civil 
authorities.
    Brunei's large oil and natural gas reserves, coupled with its small 
population, give it a very high per capita gross national product. A 
midyear recovery in oil prices helped the country's cash flow; however, 
the economy still was feeling the effects of the Amedeo Corporation's 
collapse. The corporation, which was owned by the Sultan's brother 
Jefri, is being liquidated to pay debts amounting to more than $6 
billion.
    Human rights remain broadly circumscribed. In practice citizens do 
not have the right to change their government, and they generally avoid 
political activity of any kind. Nor, constitutional provisions 
notwithstanding, do they genuinely exercise the freedoms of speech, 
press, assembly, and association. Other human rights problems 
continued, including discrimination against women and restriction of 
religious freedom.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings.
    In June 1998, an assistant superintendent of police was arrested 
and charged with the manslaughter of a Bangladeshi national. The police 
official allegedly used police premises to interrogate the Bangladeshi 
national over a personal business matter. During the interrogation, the 
police official allegedly beat and kicked the victim, who subsequently 
died of internal injuries. The police superintendent was convicted of a 
reduced charge of causing hurt, since pathologists could not conclude 
that the beating directly caused the victim's death. He was sentenced 
to 12 months in jail and ordered to pay $12,050 (B$20,000) to the 
deceased's family in compensation. The superintendent was dismissed 
from the police service.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--There were no reports of police mistreatment of prisoners. 
Any report of police mistreatment of prisoners would be investigated as 
a violation of the law. In 1988 caning became mandatory punishment for 
42 drug-related and other criminal offenses and for vandalism. Since 
then, sentences of caning have been handed down and carried out in the 
presence of a doctor who monitors implementation and has the authority 
to interrupt and postpone the punishment for medical reasons. Caning 
generally is included as part of the sentencing in 80 percent of 
criminal convictions. Many convicted persons reportedly prefer caning 
to lengthy incarceration.
    Prison conditions meet minimum international standards. There is no 
overcrowding; however, there is a growing prison population, and a new 
facility to supplement the 60-year-old prison was completed in 1998. 
Prisoners receive regular medical checkups. Remand cells at police 
stations are Spartan.
    Human rights monitors are not known to have requested prison 
visits; foreign diplomats have visited prisoners. Family members also 
can visit prisoners and bring food.
    d. Arbitrary Arrest, Detention, or Exile.--The law provides for a 
prompt judicial determination of the validity of an arrest. However, 
those provisions, like the Constitution itself, may be superseded, 
either partially or wholly, through invocation of the emergency powers. 
The Internal Security Act (ISA) permits the Government to detain 
suspects without trial for renewable 2-year periods. The Government 
occasionally has used the ISA to detain persons suspected of 
antigovernment activity; however, information on the detainees is 
published only after they are released. In 1997 two former rebel 
leaders were pardoned and released, after undergoing ``religious 
indoctrination'' and swearing loyalty to the Sultan (see Section 1.e.). 
Muhamad Yasin Abdul Rahman, age 76, who played a pivotal role in the 
abortive 1962 rebellion, was detained without trial for 12 years from 
1962 to 1973, when he escaped from prison to live in exile in Malaysia. 
He returned to the country in 1997 and immediately was arrested and 
detained once more without trial. In July 1999, he was released from 
detention after swearing an oath of loyalty to the Sultan and admitting 
his political ``crimes.''
    In August 1998, authorities arrested several citizens under the ISA 
for distributing defamatory letters containing allegations about the 
royal family and senior government officials connected with the 
collapse of the Amedeo Group, a large holding company headed by the 
former Finance Minister and Sultan's brother, Prince Jefri. The 
Government warned citizens that it would take action against anyone 
involved in such activities. There were no known arrests for publishing 
or distributing antigovernment literature during the year.
    Under normal circumstances, a magistrate must endorse a warrant for 
arrest. Warrants are issued without this endorsement on rare occasions, 
such as when police are unable to obtain the endorsement in time to 
prevent the flight of a suspect. Police officers have broad powers to 
make arrests, without warrants, of persons caught in the physical act 
of committing a crime.
    Under the colonial-era Banishment Act of 1918, any person deemed to 
be a threat to the safety, peace, or welfare of Brunei, may be forcibly 
exiled either permanently or temporarily by the Sultan. Since 
independence, there have been no cases of banishment of citizens.
    e. Denial of Fair Public Trial.--The Constitution does not 
specifically provide for an independent judiciary. However, in 1996 in 
a landmark legal decision, the appellate-level High Court ruled that 
the court has powers independent of the prosecution and ordered a 
discharge in a car theft case under review, which amounted to an 
acquittal under the Criminal Procedure Code. So far the Government has 
not challenged the court's finding that magistrates have the legal 
power to discharge and acquit a defendant, even when the prosecution 
does not request the discharge.
    The judicial system consists of five levels of courts, with final 
recourse in civil cases available through the Privy Council in London. 
In 1995 Brunei terminated appeal to the Privy Council in criminal 
cases. Procedural safeguards include the right to defense counsel, the 
right to an interpreter, the right to a speedy trial, and the right to 
confront accusers. There were no known instances of government 
interference with the judiciary and no trials of political opponents.
    The civil law, based on English common law, provides citizens with 
a fair and efficient judicial process. Shari'a (Islamic law) supersedes 
civil law in some areas, including divorce, inheritance, and some 
sexual crimes. Shari'a law is not applied to non-Muslims.
    At present there are no known political prisoners (see Section 
1.d.).
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--Although the law permits government intrusion into the 
privacy of individual persons, families, or homes, this rarely happens. 
There were no reports of mail having been tampered with during the 
year. The Government at times prevents the importation of foreign 
newspapers and magazines (see Section 2.a.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--While there are no laws 
restricting freedom of speech and freedom of the press, the Government 
used its authority to protect public safety, morals, health, and 
domestic security to restrict these freedoms. Editions of foreign 
newspapers or magazines with articles that are found objectionable, 
embarrassing, or critical of the Sultan, royal family, or government 
are not allowed into the country. Magazine articles with a Christian 
theme reportedly invariably are censored. However, the growing use of 
fax machines, the Internet, and access to satellite transmissions make 
it increasingly difficult to keep such material from entering. The 
independently owned local newspaper, the Borneo Bulletin, appears to 
practice self-censorship in its choice of topics to avoid angering the 
Government, but it has instituted a new feature of letters to the 
editor, by which citizens--some by name and some anonymously--criticize 
the Government's handling of certain social, economic, and 
environmental issues. In 1997 the newspaper expanded its letters column 
to reflect the increase in letters. In July a second English-language 
newspaper, the News Express, began publication. The daily, which is 
owned by a former government minister, features a letters page where 
citizens and residents express their views and complaints, often about 
government services and, increasingly, about government policy. The 
newspapers' willingness to publish these expressions of opinion 
represents a modest extension of press freedom.
    The Government's reactions to the letters have been mixed. On the 
one hand, it clearly has been responsive to public opinion on some 
issues concerning social or environmental problems. On the other hand, 
the Internal Security Department allegedly has tried--abeit without 
success--to obtain the names of people who have complained to the 
newspaper about government services.
    Although the only television station is government-owned, three 
Malaysian television channels are also received locally. A 14-channel 
cable network of television stations is widely available. This network 
includes the Cable News Network, the British Broadcasting Corporation 
World News, and several entertainment channels.
    The Government's tolerance of political criticism has not been 
tested recently because there is no organized opposition. Moreover, 
citizens generally make almost no criticism of the Government. In the 
past, the Government has not hesitated to arrest those who attempted to 
propagate unwelcome political views.
    The Government respects academic freedom.
    b. Freedom of Peaceful Assembly and Association.--Freedom to 
assemble for political purposes has not been tested seriously in recent 
years.
    Following a 1967 ban on political parties, the Government allowed 
two parties to form in 1985 and 1986. It disbanded one of the parties 
in 1988. Political parties are allowed but they are not to engage in 
``activities that endanger people.'' Membership is open to all 
citizens, except civil servants and security force personnel, who 
together make up 60 percent of all employed citizens.
    The remaining party, the Brunei Solidarity National Party (BNSP), 
which was inactive for several years, held an assembly in February 
1995, reportedly with the consent of the Government. About 50 people 
attended. In April 1998, fewer than 50 persons attended a BNSP General 
Assembly. Following the General Assembly, party leaders expressed 
support for the Government's determination to investigate the Amedeo 
crisis, but the party appeared to be largely inactive. In October 1998, 
the Prime Minister's Office rebuked BNSP President Haji Mohamed Hatta 
over an interview he gave to a regional newsmagazine. The Prime 
Minister's Office described Hatta's portrayal of Brunei as 
``irresponsible, untrue, inaccurate, misleading, and embarrassing.''
    The activities of international service organizations such as 
Rotary, Kiwanis, and the Lions continued to be constrained by the 
Government, which in 1995 reminded local leaders of these organizations 
that Muslims may not be members.
    c. Freedom of Religion.--The Constitution states that, ``The 
religion of Brunei Darussalam shall be the Muslim religion according to 
the Shafeite sect of that religion: Provided that all other religions 
may be practiced in peace and harmony by the person professing them in 
any part of Brunei Darussalam.'' However, the Government only partially 
respects these rights, as it routinely restricts the practice of non-
Islamic religions. The Government sporadically voiced alarm about 
``outsiders'' preaching radical Islamicfundamentalist or unorthodox 
beliefs. Citizens deemed to have been influenced by such preaching 
(usually students returning from overseas study) have been ``shown the 
error of their ways'' in study seminars organized by mainstream Islamic 
religious leaders. The Government seems more concerned about these so-
called Islamic ``opportunists'' than unwelcome political views. 
Moreover, the Government does not hesitate to investigate and to use 
its internal security apparatus against persons whom it considers 
purveyors of radical Islam.
    In 1991 the Government began to reinforce the legitimacy of the 
hereditary monarchy and the observance of traditional and Muslim values 
by reasserting a national ideology known as the Malayhu Islam Beraja 
(MIB) or ``Malay Muslim monarchy,'' the genesis of which reportedly 
dates to the 15th century. The Government in 1993 participated in 
issuing the Kuala Lumpur Declaration, which affirms the right of all 
persons to a wide range of human rights, including freedom of religion. 
Despite this and constitutional provisions providing for the full and 
unconstrained exercise of religious freedom, the Government routinely 
restricts the practice of non-Muslim religions by: Prohibiting 
proselytizing; occasionally denying entry to foreign clergy or 
particular priests, bishops, or ministers; banning the importation of 
religious teaching materials or scriptures such as the Bible; and 
ignoring requests to expand, repair, or build new churches, temples, 
and shrines. However, in February 1998, the Government allowed the 
Catholic Church to establish the first apostolic prefecture in the 
country and to install a Bruneian of Chinese origin as the country's 
first apostolic prefect. This development constituted a modest step in 
the direction of improved religious freedom, but as yet there is no 
broad trend toward increased religious freedom.
    In September 1998, officials of the Islamic Propagation Center 
confiscated gold and other precious Buddhist and Christian icons from a 
number of goldsmiths in the capital, stating that the open display of 
these items ``offended local sensitivities.'' The confiscations were 
made under the Undesirable Publications Act, which gives the Government 
wide-ranging powers. Several days later, the goldsmiths were informed 
that they could recover their property from the Ministry of Home 
Affairs. The Government also routinely censors magazine articles on 
other faiths, blacking out or removing photographs of crucifixes and 
other Christian religious symbols.
    In July 1998, the authorities began to raid clubs frequented by 
foreign residents and foreign workers in order to confiscate alcohol 
and foodstuffs that were not prepared in accordance with ``halal'' 
requirements (the Islamic requirements for the slaughter of animals and 
the prohibition on inclusion of pork products in any food). These 
actions continue and are regarded by the majority of citizens as 
upholding Islam.
    The Ministry of Education also restricted the teaching of the 
history of religion or other courses on religion in non-Islamic schools 
while requiring courses on Islam or the MIB in all schools. Only the 
Bandar Seri Begawan international schools are exempt from these 
restrictions.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Government restricts the movement of 
former political prisoners during the first year of their release. 
Otherwise the Government generally does not restrict the freedom of 
movement of its citizens, visitors, and permanent residents. Government 
employees, both citizens and foreigners working on a contractual basis, 
must apply for approval to go abroad; it is routinely granted.
    No legal provision exists for granting temporary refuge, first 
asylum, or refugee status to those seeking such refuge or asylum. Under 
the law, persons arriving without valid entry documents and means of 
support are considered illegal immigrants and are refused entry. There 
were no reported cases of individuals seeking temporary refuge during 
the year.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens are unable to change their government; Brunei is a 
monarchy and there are no established democratic processes. Under the 
continuing state of emergency, there is no parliament, and political 
authority and control rests with the ruling monarch. Individuals may 
seek to express their views or to influence government decisions and 
policies by writing letters to a local newspaper or by petitioning the 
Sultan or handing him letters when he appears in public.
    A form of popular representation lies in a traditional system of 
village chiefs who, since 1992, are elected by secret ballot by all 
adults. These leaders communicate constituents' wishes through a 
variety of channels, including periodic meetings chaired by the Home 
Affairs Minister, with several officialsappointed by the Sultan. In 
1996 the Sultan officiated at the first General Assembly of the 
``mukim'' (a group of villages) and village consultative council. Over 
1,000 village chiefs from 150 villages and 35 mukim participated as 
delegates. The delegates were elected from among individual villagers, 
and the Government described the Assembly as ``a grass roots level 
political system.'' However, the Sultan appoints all the council's 
advisers. The Government insists that ordinary citizens actually use 
these councils to present their grievances and to obtain redress.
    The Sultan has an appointed Cabinet, the members of which serve as 
his principal advisors.
    The lack of representative democratic government seriously limits 
the role of both men and women in government and politics; however, 
women are making progress. In 1997 the Sultan's sister, Princess Masna, 
became the second ranking official in the Ministry of Foreign Affairs, 
and for the first time two women were appointed as permanent 
secretaries, one in the Ministry of Education and the other in the 
Ministry Culture, Youth, and Sports. Other firsts included the 
appointments of the first female High Court judge and the first female 
ambassador.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    No government or private organizations deal specifically with the 
protection of human rights. However, in 1997, for the first time, the 
Government entered into a human rights dialog with a foreign embassy 
and that dialog continues. There were no known allegations of abuses or 
requests to visit by international human rights groups.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    Except for religion (see Section 2.c.), the Constitution does not 
contain specific provisions prohibiting discrimination based on the 
factors listed above.
    Women.--The extent to which spousal abuse may occur and go 
unreported is not known. In response to a perception that domestic 
violence was rising, in 1994 a special unit was established within the 
police department to investigate domestic violence complaints. Female 
officers staff the unit. Since 1995 a hot line has been in service for 
abused spouses and the public to report domestic violence. During the 
year approximately 10 women and their children stayed at a women's 
shelter run by the Social Affairs Services unit of the Ministry of 
Culture. The Social Affairs Services unit provides counseling for women 
and their spouses. In August a photograph of a man accused of stabbing 
his wife and assaulting one of his children was published in a daily 
newspaper, a new development in the country, where privacy generally is 
guarded closely. While Islamic courts usually discourage divorce in 
domestic violence cases, there appears to be a movement away from 
encouraging wives to reconcile with flagrantly abusive spouses. Islamic 
religious authorities recognize wife beating as grounds for divorce.
    The criminal penalty for a minor domestic assault is 1 to 2 weeks 
in jail and a fine. An assault resulting in serious injury would be 
punished by caning and a longer jail sentence. In October a man 
convicted of assaulting his ex-wife with a knife and a piece of wood on 
three separate occasions, received three concurrent sentences of 2 
years and 6 months in prison and three strokes of the cane. He also 
received a 6-month prison sentence for assaulting his 7-year-old 
daughter. A man impersonating a religious inspector who raped and 
extorted money from a woman he found in a compromising situation with 
her boyfriend was sentenced to 12 years in prison and 6 strokes of the 
cane.
    One area of apparent abuse involves female domestic servants. While 
the level of violence in society is low, beating of servants--or 
refusing them the right to leave the house on days off, sometimes on 
grounds that they ``might encounter the wrong company''--is less 
socially unacceptable behavior. Since most female domestics are foreign 
workers who are highly dependent on their employers, those subject to 
abuse may be unwilling or unable to bring complaints, either to the 
authorities or to their governments' embassies. However, when such 
complaints are brought, the Government generally is quick to 
investigate allegations of abuse and impose fines and punishment as 
warranted.
    In accordance with Koranic precepts, women are denied equal status 
with men in a number of important areas such as divorce, inheritance, 
and custody of children. Under the Brunei Nationality Act, citizenship 
is transmitted through males only. Female citizens who are married to 
foreigners or bear children by foreign fathers cannot transmit 
citizenship to their children,even when such children are born in the 
country. This has resulted in the creation of a sizable population of 
stateless children, estimated at more than 5,000 residents, who are 
entitled to live in the country and to be documented for travel by the 
Government, but who cannot enjoy the full privileges of citizenship, 
including the right to own land.
    Although men are eligible for permanent positions in government 
service whether or not they hold university degrees, women who do not 
have university degrees are eligible to hold government positions only 
on a month-to-month basis. While recent changes eliminated some 
previous inequities, women in month-to-month positions continue to 
receive slightly less annual leave and fewer allowances than their male 
and female counterparts in permanent positions.
    There are no separate pay scales for men and women, and in recent 
years there has been a major influx of women into the work force. Women 
serve in a wide variety of capacities in the armed forces, although 
they are not permitted to serve in combat. The number of female 
university graduates is increasing, and nearly two-thirds of Brunei 
University's entering class is female.
    Religious authorities strongly encourage Muslim women to wear the 
tudong, a traditional head covering, and many women do so. However, 
some Muslim women do not, and there is no official pressure on non-
Muslim women to do so. All female students in government-operated 
schools are required to wear the tudong; students in nongovernment 
schools are encouraged to wear it.
    In July a new Married Women's Law came into effect, improving 
significantly the rights of non-Muslim married women with respect to 
maintenance, property, and domestic violence. In November changes to 
the Islamic Family Law (in the section on Women's Position in Marriage 
and Divorce) came into effect and are expected to improve the marital 
rights of Muslim women.
    Children.--No statistics are published regarding the welfare of 
children. The strong commitment to family values within society, the 
high standard of living, and government funding for children's welfare 
provides most children a healthy and nurturing environment. Education 
is free, compulsory, and universal for 9 years. With a few exceptions 
involving small villages in extremely remote areas, nutritional 
standards are high, and poverty is almost unknown. There were 18 
reported cases of child abuse in the first half of 1995. In 1996 the 
High Court convicted a father of child abuse. The Chief Justice 
sentenced him to 20 years in prison and ordered him caned with 20 
strokes of the rattan for causing the death of his 3-year-old daughter 
and grievous hurt to another 2 of his children.
    People with Disabilities.--No legislation mandating accessibility 
or other assistance for disabled persons has been passed. The 
Government is attempting to provide educational services for children 
with disabilities, although these efforts are not yet adequate to 
address the situation. Teachers are still being trained to deal with 
disabled children, and some children have no educational opportunities. 
A special facility with trained educators is needed to accommodate the 
disabled children who cannot be assimilated into normal classrooms, and 
the Ministry of Education is studying the problem.
    Indigenous People.--The 6 percent of the population that is 
composed of indigenous people long has been integrated into society, 
and enjoys the same rights as other citizens.
    National/Racial/Ethnic Minorities.--Some members of non-Malay 
minorities, such as ethnic Chinese, including those born and raised in 
the country, are not automatically accorded citizenship and must travel 
abroad as stateless persons. Brunei's colonial-era naturalization laws 
are widely viewed as out of date and in need of reform.
Section 6. Worker Rights
    a. The Right of Association.--Trade unions are legal but must be 
registered with the Government. The three registered trade unions--one 
passive and two generally inactive--are all in the oil sector and have 
a total membership amounting to less than 5 percent of that industry's 
work force. All workers, including civil servants other than those 
serving in the military and police, may form or join trade unions. 
Unions are independent of the Government.
    The 1962 Trade Unions Act permits the formation of trade union 
federations but forbids affiliation with international 
labororganizations. An individual contract is required between an 
employer and each employee, but legal trade union activities cannot be 
deemed to violate employee contracts. Local legal experts interpret 
this provision as conferring the right to strike, but there have been 
no strikes. Brunei is not a member of the International Labor 
Organization.
    b. The Right to Organize and Bargain Collectively.--The Government 
has not prevented the legal registration of trade unions, nor has it 
dissolved any. The Government did not interfere with lawful union 
activity. It is illegal to refuse employment or discriminate against an 
employee on the basis of membership or nonmembership in a trade union. 
While unions are legal and easy to register, conditions are not 
conducive to the development of trade unions. There is little interest 
on the part of workers in forming trade unions, and existing unions are 
not very active. The law is silent on collective bargaining, and it 
occurs in only a few industries. There are few industries of the kind 
in which unions have traditionally developed. Also cultural tradition 
favors consensus over confrontation. Wage and benefit packages are 
based on market conditions and tend to be generous.
    There is a free trade zone in Muara Port, known as the Muara Export 
Zone (MEZ), established in May 1994.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced labor including forced and bonded labor by children, and it is 
not practiced.
    In 1997 a foreign beauty contest winner brought suit in a foreign 
court against members of the Brunei royal family alleging that she and 
six other women were brought to Brunei in 1996 and subsequently held 
against their will for purposes of sexual exploitation. A statement by 
the royal family called the case ``frivolous and groundless.'' The 
Sultan's sovereign immunity was recognized, and the court accepted 
Prince Jefri's claim of immunity. An appeal of Prince Jefri's immunity 
was pending at year's end.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The 1954 Labor Enactment Laws prohibits the employment of 
children below the age of 16. Education is free, compulsory, and 
universal through grade nine. Parental consent and approval by the 
Labor Commission is required for those below the age of 18. Female 
minors under age 18 may not work at night or on offshore oil platforms. 
The Department of Labor (DOL), which is a part of the Ministry of Home 
Affairs, effectively enforces laws on the employment of children. There 
were no reports of violations of the child labor laws. Forced and 
bonded labor by children is prohibited and it is not practiced (see 
Section 6.c.).
    e. Acceptable Conditions of Work.--Skilled labor is in short 
supply, and market forces enable most citizens to command good 
salaries. There is no minimum wage. The standard workweek is Monday 
through Thursday and Saturday, with Friday and Sunday off, allowing for 
two 24-hour rest periods each week. Overtime is paid for work in excess 
of 48 hours a week, and double time is paid for work performed on legal 
holidays. Occupational health and safety standards are established by 
government regulations. The DOL inspects working conditions on a 
routine basis and in response to complaints. The DOL generally enforces 
labor regulations effectively. However, in the unskilled labor sector 
enforcement is lax, especially for foreign laborers (see Section 5). 
The DOL is empowered to close any workplace where health, safety, or 
working conditions are unsatisfactory, and it has done so in the past. 
The law permits a worker to leave a hazardous job site without 
jeopardizing his employment, but in practice this is unlikely to 
happen.
    f. Trafficking in Persons.--There are no specific references to 
trafficking in persons in the Constitution and laws. There are 
occasional reports of women entering the country for purposes of 
prostitution (which is illegal), but they usually are deported swiftly.
                                   ____
                                 

                                 BURMA

    Burma continued to be ruled by a highly authoritarian military 
regime. Repressive military governments dominated by members of the 
majority Burman ethnic group have ruled the ethnically Burman central 
regions and some ethnic-minority areas continuously since 1962, when a 
coup led by General Ne Win overthrew an elected civilian government. 
Since September 1988, when the armed forces brutally suppressed massive 
prodemocracy demonstrations, a junta composed of senior military 
officers has ruled by decree, without a constitution or legislature. In 
1997 the junta reorganized itself and changed its name from the State 
Law and Order Restoration Council (SLORC) to the State Peace and 
Development Council (SPDC). The Government continued to be headed by 
armed forces commander General Than Shwe, although Ne Win, who retired 
from public office during the 1998 prodemocracy demonstration, may 
continue to wield informal but declining influence. In 1990 the junta 
permitted a relatively free election for a parliament to which the 
junta announced before the election that it would transfer power. 
Voters overwhelmingly supported antigovernment parties with the 
National League for Democracy (NLD) winning more than 60 percent of the 
popular vote and 80 percent of the parliamentary seats. Throughout the 
1990's, the junta systematically violated human rights in Burma to 
suppress the prodemocracy movement, including the NLD, and to thwart 
repeated efforts by the representatives elected in 1990 to convene. 
Instead, the junta convened a government-controlled ``National 
Convention'' intended to approve a constitution that would ensure a 
dominant role for the armed forces in the country's future political 
structure. Since 1995 the NLD has declined to participate in this 
National Convention, perceiving its agenda to be tightly controlled by 
the junta. More than a dozen armed ethnic groups continued to rule or 
to exercise some governmental functions in peripheral ethnic minority 
areas under various cease-fire agreements negotiated with the junta 
between 1989 and 1995. The judiciary is not independent of the junta.
    Since 1988 the junta has more than doubled the size of the armed 
forces, from about 175,000 to more than 400,000 men, and has increased 
the Government's military presence throughout the country, especially 
in ethnic minority areas from which government forces were not excluded 
by cease-fire agreements. The Government reinforces its firm military 
rule with a pervasive security apparatus led by the military 
intelligence organization, the Directorate of Defense Services 
Intelligence (DDSI). Control is buttressed by arbitrary restrictions on 
citizens' contacts with foreigners, surveillance of government 
employees and private citizens, harassment of political activists, 
intimidation, arrest, detention, and physical abuse. The Government 
justifies its security measures as necessary to maintain order and 
national unity. Members of the security forces committed numerous, 
serious human rights abuses.
    Burma is a poor country with a population said by its Government to 
number about 48 million. Average per capita income was estimated to be 
about $300, but about $800 on a purchasing power parity basis. More 
than 3 decades of military rule and mismanagement have resulted in 
widespread poverty. Primarily an agricultural country, Burma also has 
substantial mineral, fishing, and timber resources. From 1988 to 1995, 
the Government partly liberalized and opened the economy and thereby 
reversed the economic contraction of the 1980's. However, economic 
growth has slowed since the mid-1990's as the junta has retreated from 
economic liberalization in response to a worsening foreign exchange 
shortage. Obstacles to growth include extensive overt and covert state 
involvement in economic activity, state monopolization of leading 
exports, a bloated bureaucracy, arbitrary and opaque governance, 
institutionalized corruption, poor human and physical infrastructure, 
and disproportionately large military spending at the expense of social 
development spending and stable prices.
    The Government's extremely poor human rights record and 
longstanding severe repression of its citizens continued during the 
year. Citizens continued to live subject at any time and without appeal 
to the arbitrary and sometimes brutal dictates of the military regime. 
Citizens did not have the right to change their government. There 
continued to be credible reports, particularly in ethnic minority-
dominated areas, that soldiers committed serious human rights abuses, 
including extrajudicial killings and rape. Disappearances continued, 
and members of the security forces tortured, beat, and otherwise abused 
detainees. Prison conditions remained harsh and life threatening, but 
improved slightly in some prisons after the International Committee of 
the Red Cross (ICRC) gained access to prisons in May. Arbitrary arrest 
and detention for expression of dissenting political views continued 
with increasing frequency; the Government continued to detain more than 
55 members-elect of Parliament and hundreds of other NLD supporters to 
prevent theparty from convening the parliament elected in 1990. Since 
1962 thousands of persons have been arrested, detained, or imprisoned 
for political reasons; more than 1,300 political prisoners remained at 
year's end. The judiciary is not independent. The Government continued 
to infringe on citizens' privacy rights, and security forces continued 
systematically to monitor citizens' movements and communications, to 
search homes without warrants, and to relocate persons forcibly without 
just compensation by due process. During the year, those suspected of 
or charged with prodemocratic political activity were subjected to 
increased surveillance and harassment. Security forces continued to use 
excessive force and to violate international humanitarian law in 
internal conflicts against ethnic insurgencies. The regime forcibly 
relocated large ethnic minority populations in order to deprive armed 
ethnic groups of civilian bases of support.
    The SPDC continued severely to restrict freedom of speech and of 
the press. The junta restricted academic freedom; most universities 
have been closed since 1996 due to fear of political dissent. The junta 
severely restricted freedom of assembly, and systematically intensified 
its restriction of freedom of association, pressuring many thousands of 
members to resign from the NLD political party and closing party 
offices nationwide. Since 1990, the junta frequently has prevented the 
NLD and other prodemocracy parties from conducting normal political 
activities. Although the junta continued to recognize the NLD as a 
legal entity, it also continued to refuse to recognize the legal 
political status of key NLD party leaders, particularly its general 
secretary and 1991 Nobel laureate, Aung San Suu Kyi, and the two party 
cochairmen, and to constrain their activities severely through security 
measures and threats. During the year, the SPDC intensified its 
systematic use of coercion and intimidation to deny citizens the right 
to change their government. In August 1998, the NLD leadership 
organized a 10-member Committee Representing the People's Parliament 
(CRPP) to act on behalf of the Parliament. The junta has responded by 
intensifying its campaign to destroy the NLD without formally banning 
it, by intimidating several elected representatives into resigning from 
the parliament, by detaining 55 other elected representatives, and by 
pressuring constituents to sign statements of no confidence in others. 
The junta restricted freedom of religion; it continued its 
institutionalized control over Buddhist clergy in order to restrict 
efforts by some Buddhist clergy to promote human rights and political 
freedom, and government authorities coercively promoted Buddhism over 
other religions in some ethnic minority areas. The Government imposed 
restrictions on certain religious minorities. The Government continued 
to restrict freedom of movement and in particular foreign travel by 
female citizens; the junta also continued to restrict Aung San Suu 
Kyi's freedom to leave her residence or to receive visitors. The 
Government did not allow domestic human rights organizations to exist, 
and remained generally hostile to outside scrutiny of its human rights 
record. Violence and societal discrimination against women remained 
problems. The junta continued severely to neglect the education of 
children by underfunding public schools. There was governmental and 
societal discrimination against ethnic minorities, and animosities 
between the Burman majority and ethnic minorities continued. The 
Government continued to restrict worker rights, ban unions, and use 
forced labor for public works and to produce food and other daily 
necessities for military garrisons. Forced labor including forced child 
labor was a serious problem. The forced use of citizens as porters by 
the army--with attendant mistreatment, illness, and sometimes death--
remained a common practice. The Government did not honor its repeated 
pledge to prevent its officials from using their authority under the 
country's Towns Act and Villages Act to mobilize forced labor. In June 
the Government responded to sanctions that the International Labor 
Organization (ILO) imposed on it for its use of forced labor by 
unilaterally withdrawing from the convention on forced labor 
administered by the ILO. Child labor is also a problem, and varies in 
severity depending on the region. Trafficking in persons, particularly 
in women and girls to Thailand and China, mostly for the purposes of 
prostitution, remained widespread.
    Insurgent forces committed numerous abuses, including killings, 
rapes, forced labor, and the forced use of civilians as porters.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There continued to 
be many credible reports of extrajudicial killings by soldiers of 
noncombatant civilians, particularly in areas of ethnic insurgencies 
(see Section 1.g.).
    There were numerous detailed but unconfirmed reports that army 
soldiers indiscriminately shot and killed ethnic Karen, including women 
and children, in villages in the Thaton District of Mon State during 
the first half of the year.
    Brutal treatment by soldiers also caused deaths among those 
impressed as military porters for use in counterinsurgency operations 
in areas of ethnic insurgencies. According to reports, porters who no 
longer can work often are either abandoned without medical care or 
assistance, or executed (see Section 6.c.). There also continued to be 
detailed reports that physical abuse and neglect by army soldiers 
resulted in the death of persons forced to labor on physical 
infrastructure projects (see Section 6.c.). An exile Chin nationalist 
organization reported that on May 5, soldiers beat and killed Pa Za 
Kung, a man from Vomkua village in Chin State's Thantlang Township, for 
resting without permission while being forced to help build a road from 
Thantlang to Vuangtu village. While these reports are unconfirmed, the 
Government's general disregard for human rights has created a climate 
that is clearly conducive to such abuses.
    Some inmates died in prisons and labor camps, or shortly after 
being released from them, due to torture or to denial of adequate 
medical care and harsh conditions (see Section 1.c.). On May 23, in 
Depeyin Town in Sagaing Division, 25-year-old Kyi Khaing died after 10 
hours in police custody; he was arrested for verbally abusing his aunt. 
Although police initially informed his family that he hanged himself, 
his body had a broken pelvis and many bruises, and in the course of a 
subsequent investigation police sergeant Sein Win reportedly confessed 
to beating Kyi Khaing to death; however, no action was taken against 
Sein Win, who subsequently disappeared. On July 1, NLD member-elect of 
Parliament Kyaw Min died of hepatitis contracted during his 
incarceration in Rangoon's Insein Prison from May 1996 to May 1998; he 
had been detained along with hundreds of other members-elect of 
Parliament in 1996 for attempting to convene the Parliament elected in 
1990. On May 21, NLD member Hla Khin died in Insein prison, allegedly a 
suicide. He had been detained in 1998 for traveling on a public road to 
witness the detention of Aung San Suu Kyi, who was prevented by 
security forces from traveling to a town in the western part of the 
country (see Section 1.d.).
    Some insurgent groups also committed extrajudicial killings. In 
March near three pagoda's pass in the eastern part of the country 
soldiers of the Karen National Union (KNU) reportedly captured and 
killed 10 Burmese immigration officials. The KNU claimed that its 
captives were killed in a firefight with the army. On June 23, near the 
town of Myawadi on the Thai border, a KNU landmine destroyed a bus, 
killing seven noncombatants, reportedly in retaliation for the bus 
company's refusal to pay protection ``taxes'' to the KNU. The 
Government reported that on July 31 in Kayah State, elements of the 
Karenni National Progressive Party (KNPP), an insurgent group, killed 2 
persons who in July helped to arrange the surrender of 100 KNPP members 
to the Government, and who were attempting to mediate further similar 
negotiations (see Sections 1.g. and 2.d.).
    b. Disappearance.--Throughout the country, as in previous years, 
private citizens and political activists continued to ``disappear'' for 
periods ranging from several hours to several weeks or more; some have 
never reappeared. DDSI officials usually apprehended individuals for 
questioning without the knowledge of their family members. In many, 
although not all cases, the DDSI released them soon afterward. Such 
action usually was intended to prevent free political expression or 
assembly. The army continued to seize by force large numbers of persons 
for porterage or related duties, often without the knowledge of their 
family members. The whereabouts of those persons seized by army units 
to serve as porters, as well as of prisoners transferred for labor or 
porterage duties, often remained unknown.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Government routinely subjected detainees to harsh 
interrogation techniques designed to intimidate and disorient. The most 
common forms of mistreatment were sleep and food deprivation coupled 
with around-the-clock questioning under bright lights; some detainees 
also were kicked and beaten. Credible reports continued that prisoners 
were forced to squat or assume stressful, uncomfortable, or painful 
positions for lengthy periods.
    There continued to be credible reports that security forces 
subjected ordinary citizens to harassment and physical abuse. The 
military forces routinely confiscated property, cash, and food, and 
used coercive and abusive recruitment methods to procure porters. Those 
forced into porterage or other labor faced extremely difficult 
conditions and beatings and mistreatment that sometimes resulted in 
death (see Sections 1.a. and 6.c.). In contrast to previous years, 
there were no instances of security forces beating NLD members who were 
attempting to assemble for meetings.
    There were frequent reports that army soldiers and other army 
personnel raped women who were members of ethnic minorities, especially 
in Shan, Karenni, and Karen states, where the majority of armed 
encounters between the army and insurgents took place (see Sections 
1.g. and 5.).
    Members of insurgent forces also reportedly raped civilians.
    Prison conditions remained harsh and life threatening; however, 
they improved slightly in some prisons after the ICRC gained access to 
prisons in May. All prisoners usually were permitted to receive 
medicine as well as essential supplemental food brought by their 
families (if the families could afford to do so) during 15-minute 
visits permitted every 2 weeks, although there are occasional reports 
that guards demand bribes for that privilege.
    The Government's Department of Prisons operates many facilities of 
several categories including several labor camps. Conditions for 
political prisoners reportedly remained much harsher at facilities far 
from major cities, including prison labor camps than at prisons in 
Rangoon and Mandalay. Throughout the year, the Government transferred 
many prisoners--including NLD members--from Insein prison to prisons 
and labor camps far from Rangoon. Most such prisoners suffered 
additional hardship in the form of reduced access to family support, 
food, medicine, and clothing. There were credible reports that at least 
a few political prisoners or detainees have long been denied adequate 
medical care. Some of these prisoners died as a result (see Section 
1.a.). On July 1, NLD member-elect of Parliament Kyaw Min died of 
hepatitis contracted in prison. He had been detained from 1996 to 1998 
without trial and released to his family prior to his death.
    International monitoring of prisons began in May after the 
Government agreed to allow the ICRC unrestricted access to all 
prisoners in all prisons, detention centers, and labor camps. In 
response to ICRC recommendations, the Government provided some 
prisoners with an opportunity for exercise, better food, reading 
material, and improved medical care. Although the Government 
transferred many political prisoners from Rangoon's Insein Prison to 
other facilities before the ICRC's first visit to Insein in May, the 
Government apparently subsequently ceased such practices. During the 
year the ICRC was able to visit more than 30,000 prisoners in at least 
18 prisons including more than 1300 political prisoners. The Government 
allowed the ICRC to perform its traditional services such as delivering 
letters to and from prisoners.
    d. Arbitrary Arrest, Detention, or Exile.--There is no provision in 
the law for judicial determination of the legality of detention, and 
the SPDC routinely practiced arbitrary arrest and incommunicado 
detention. Prior to being charged, detainees rarely had access to legal 
counsel or their families and political detainees have no opportunity 
to obtain release on bail. Some political detainees are held 
incommunicado for long periods. Even after being charged, detainees 
rarely have benefit of counsel. Some political prisoners were not 
released after completing their sentence.
    Authorities continued to detain some private citizens and political 
activists continued to ``disappear'' temporarily at the hands of 
security forces (see Section 1.b.).
    The Government repeatedly detained and deported foreign journalists 
(see Section 2.a.).
    Throughout the year, the Government continued its campaign of 
detention and intimidation to prevent the NLD from convening the 
parliament elected in 1990. Between July and September authorities 
arrested or detained hundreds of local NLD leaders and former student 
leaders throughout the country; authorities reportedly detained as many 
as 100 persons in Pegu and Mandalay between July and September (see 
Section 1.c.). Many of these detentions apparently were intended to 
prevent public demonstrations in connection with the anniversary of the 
August 1988 prodemocracy demonstrations (see Section 2.b.) or on the 
numerologically significant date of September 9 (9/9/99) on which some 
prodemocracy groups based in foreign countries had called for a 
nationwide general strike to commemorate the 1988 prodemocracy 
demonstrations.
    At year's end, the Government continued to detain without charge 55 
persons elected to parliament in 1990; most were NLD members and most 
had been detained since September 1998, just before the NLD organized 
the formation of the CRPP. During the year, the junta released about 
150 members-elect of Parliament who were being detained without charge 
as of the end of 1998. However, there were credible reports that in 
many cases the junta released members-elect of Parliament only after 
they agreed to resign from the elected Parliament, to withdraw their 
proxies to CRPP members, or otherwise to restrict their political 
activities (see Section 3).
    In August in the town of Mergui in Tenasserim Division, authorities 
arrested and detained at least 17 high school students who were 
protesting rising formal and informal school fees, the continued 
closure of the universities, and the Government's continued prohibition 
of independent student associations (see Sections 1.e., 2.b. and 5). In 
December authorities arrested and detained high school students in 
Mergui for planning a protest, and students of closed postsecondary 
institutions living in Mandalay and in the town of Pakokku in Magwe 
Division for planning unauthorized public meetings or distributing 
prodemocracy literature (see Sections 2.a. and 2.b.).
    The Government did not use forced exile. However, during the year, 
Aung San Suu Kyi was threatened with deportation in the state-
controlled media.
    Since 1988, when the SPDC refused to recognize the results of the 
elections and pressured successful candidates to resign, some 
candidates, as well as thousands of political activists, went into 
foreign exile rather than face threats.
    e. Denial of Fair Public Trial.--The judiciary is not independent 
of the military junta. The junta appoints justices to the supreme court 
who, in turn, appoint lower court judges with the approval of the 
junta; it has done so since 1988. These courts adjudicate cases under 
decrees promulgated by the junta that effectively have the force of 
law. Pervasive corruption further serves to undermine the impartiality 
of the justice system.
    The court system, as inherited from the United Kingdom and 
subsequently restructured, comprises courts at the township, district, 
state, and national levels.
    Throughout the year, the Government continued to rule by decree and 
was not bound by any constitutional provisions providing for fair 
public trials or any other rights. Although remnants of the British-era 
legal system were formally in place, the court system and its operation 
remained seriously flawed, particularly in the handling of political 
cases. Unprofessional behavior by some court officials, the misuse of 
overly broad laws--including the Emergency Provisions Act of 1950, the 
Unlawful Associations Act, the Habitual Offenders Act, and the Law on 
Safeguarding the State from the Danger of Destructionists--and the 
manipulation of the courts for political ends continued to deprive 
citizens of the right to a fair trial and the rule of law.
    Some basic due process rights, including the right to a public 
trial and to be represented by a defense attorney, generally were 
respected, except in political cases that the Government deemed 
especially sensitive. Defense attorneys are permitted to call and 
cross-examine witnesses, but their primary purpose is to bargain with 
the judge to obtain the shortest possible sentence for their clients. 
Most court proceedings are open to the public. However, in political 
cases, trials are not open tothe public. Political detainees often are 
given harsher sentences if they mount a defense in court. In political 
cases, defense counsel appears to serve no purpose other than to 
provide moral support, since reliable reports indicate that senior 
military authorities dictate verdicts. Defense attorneys often are 
reluctant to take political cases.
    Two foreign prodemocracy activists were sentenced to long prison 
terms for actions that elsewhere would be deemed innocuous. After two 
arrests in 1997 and 1998 that included serving 90 days of a 5-year 
prison sentence for illegal entry, James Mawdsley was again arrested in 
August. He was convicted and sentenced to a total of 17 years in 
prison. In September Rachel Goldwyn was arrested after chaining herself 
to a lamppost in downtown Rangoon and singing a prodemocracy song. She 
was convicted of sedition and sentenced to 7 years' imprisonment, but 
was released on appeal and left the country in November.
    In October the Supreme Court dismissed suits brought by members of 
the NLD's central executive committee against SPDC Secretary One Lt. 
Gen. Khin Nyunt, the chief of military intelligence. The suits alleged 
that the military intelligence apparatus intentionally damaged private 
individuals in connection with the detention of NLD members elected to 
parliament in 1990. They also filed suit against other senior 
government officials for libel, fraud, and intimidation in connection 
with the organization of petitions of ``no confidence'' in NLD members-
elect of Parliament (see Sections 1.d. and 3). Although the hearing was 
closed to the public, the Supreme Court reportedly ruled that General 
Khin Nyunt could not be sued for official actions without the 
permission of his superior, Senior General Than Shwe, and that the ``no 
confidence'' petitions were valid.
    There were unconfirmed estimates that the Government holds over 
1,300 political prisoners. Although the law provides for the 
commutation of sentences for good behavior, political prisoners often 
are not granted this benefit. Moreover, some political prisoners 
remained in custody despite having completed their sentences. However, 
in January and February the Government released two prominent political 
prisoners, Ohn Myint and Dr. Ma Thida, on humanitarian grounds prior to 
the completion of their sentences.
    Some of the persons arrested and detained in July through September 
for prodemocracy activities were tried and sentenced to prison terms. 
For example, NLD youth member Tey Za from Myinma in Sagaing Division, 
who was arrested for posting a sign that his shop would close on 
September 9, was tried and sentenced later in the same month to 2 years 
in prison on a charge of instigating public panic. In Mandalay, a 
family of four was arrested and its members were sentenced to harsh 
prison terms for wearing yellow, a color associated with the NLD, on 
September 9 (see Sections 1.d. and 2.a.).
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The military Government continued to interfere 
extensively and arbitrarily in the lives of citizens. Through its 
extensive intelligence network and administrative procedures, the 
Government systematically monitored the travel of all citizens and 
closely monitored the activities of many citizens, particularly those 
known to be active politically. The law requires that any person who 
spends the night at a place other than his registered domicile inform 
the police in advance, and that any household that hosts a person not 
domiciled there maintain and submit to the police a guest list. Police 
routinely entered and searched homes during night hours without 
warrants, ostensibly to enforce compliance with this requirement. 
Security personnel also commonly searched private premises and other 
property without warrants in other contexts.
    Government employees generally are required to obtain advance 
permission before meeting with foreigners. Military intelligence 
continued frequently to monitor the movements of foreigners and to 
question citizens about conversations with foreigners.
    Government employees are prohibited from joining or supporting 
political parties. The Government continued to use coercion and 
intimidation to induce many persons including nearly all public sector 
employees not only to join the Union Solidarity and Development 
Association (USDA), the Government's mass mobilization organization, 
but also repeatedly to attend mass meetings called to criticize the NLD 
and NLD members-elect of Parliament (see Sections 1.d., 2.b., and 3).
    Government officials including senior officials continued 
repeatedly to make statements in the state-monopolized domestic media 
warning parents of students that authorities could hold them 
responsible for any political offenses that their children might 
commit.
    In July 1998, the Attorney General banned women from marrying 
foreigners (see Sections 2.d., 5, and 6.f.). However, this ban is not 
enforced.
    During late 1998 and early 1999, the Government refused to allow 
Aung San Suu Kyi's late husband Michael Aris, then terminally ill, to 
travel from Britain to visit his wife in Rangoon. The Government stated 
that if Aung San Suu Kyi wanted to see her British husband, she could 
leave the country to visit him in the United Kingdom. The Government 
announced that it would allow the prodemocracy leader to reenter the 
country only if they judged her visit to be non-political. At about the 
same time, state-owned media and billboards and government-organized 
mass rallies called for Aung San Suu Kyi to be deported (see Section 
1.d.).
    Army units routinely forced citizens, including women and children, 
to provide a wide range of support services without compensation and to 
work as military porters under harsh conditions (see Sections 1.a., 
1.b., 1.g., and 6.c.). The army reportedly includes child soldiers as 
young as 14-years old. Child soldiers are assigned support duties.
    Weak private property rights regarding land ownership continued to 
facilitate involuntary relocations of persons by the State. The law 
does not permit private ownership of land; it recognizes only different 
categories of land use rights, many of which are not freely 
transferable. Postcolonial land laws have revived the precolonial 
tradition that the State owns all land and that private rights to it 
are contingent upon use that the State deems productive.
    To make way for commercial or public construction and in some cases 
for reasons of internal security and political control, the SPDC 
continued to relocate citizens out of cities to new towns; however, 
this occurred on a much smaller scale than during the early 1990's. 
Persons relocated to ``new towns'' continued to suffer from greatly 
reduced infrastructure support and living standards, and residents 
targeted for displacement continued to be given no option but to move, 
usually on short notice.
    In rural areas the military Government also continued its 
widespread and frequent practice of forcibly relocating ethnic minority 
villages. This practice was particularly widespread and egregious in 
the Shan, Kayah, and Karen States and in areas of Mon State and Pegu 
Division as part of the armed forces campaign against insurgents. In 
these areas, thousands of villagers were displaced and herded into 
smaller settlements in strategic areas (see Section 1.g.). These forced 
relocations often have been accompanied by intensified demands for 
forced labor to build infrastructure for both villagers and army units 
to guard them in the areas to which they were relocated, and often have 
generated large outflows of refugees to neighboring countries or to 
parts of the country not controlled by the Government. In areas that it 
has forced ethnic minorities to leave, the junta repeatedly has 
organized the settlement of Burmans. In some areas army units forced or 
attempted to force ethnic Karen to relocate to areas controlled by the 
Democratic Karen Buddhist Army (DKBA), an armed ethnic group allied 
with the Government (see Section 5).
    During the year, the Government reportedly also forcibly relocated 
several largely Islamic villages in Arakan State and resettled the area 
with Buddhist Burmans whom it compelled to move out of Dagon Township 
in Rangoon Division (see Sections 1.g. and 5).
    In a number of urban areas, residents were compelled to cede use of 
land for road widening and a host of other projects approved without 
any public consultation or endorsement. Other long-term city residents 
were required to cede use of land for commercial redevelopment and were 
compensated at only a fraction of the value of their lost homes.
    In rural areas, military units and personnel routinely confiscated 
livestock, fuel, food supplies, alcoholic drinks, or money. This abuse 
has become widespread and systematic since 1997, when the junta, intent 
upon continuing its military buildup despite mounting financial 
problems, ordered its regional commanders insofar as possible to supply 
theirlogistical needs locally rather than rely on the central 
authorities, and reorganized the junta to give greater authority to 
regional commanders relative to the central Government. As a result, 
regional commanders have increased their use of forced contributions of 
food, labor and building materials throughout the country.
    Security personnel continued to screen private correspondence and 
telephone calls.
    Government authorities continued generally to prevent citizens from 
subscribing directly to foreign publications or satellite television 
(see Section 2.a.). The Government continued to license or ration 
electronic communication devices. A decree promulgated by the junta in 
1996 has made possession of an unregistered telephone, facsimile 
machine, or computer modem punishable by imprisonment. (see Section 
2.a.).
    Both army and insurgent units used forced conscription.
    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--Continuously since independence in 1948, the army 
has battled diverse ethnic insurgencies. These ethnic minority 
insurgent groups have sought to gain greater autonomy, or in some 
cases, independence from the ethnic Burman-dominated State. Since 1989 
about 15 such groups have concluded and maintained cease-fire 
agreements with the Government; under these agreements, such groups 
generally have retained their own armed forces and either rule or 
perform some governmental functions within specified territories 
inhabited chiefly by members of their ethnic groups. However, the Karen 
National Union (KNU) has continued to conduct insurgent operations in 
areas with significant Karen populations in the eastern and southern 
regions of the country, including not only Karen State but also Mon 
State, Tenasserim Division, and Pegu Division. In Kayah State, the 
Karenni National Progressive Party (KNPP) has resumed fighting against 
the Government since the breakdown of a cease-fire negotiated in 1995. 
In central and southern Shan State, military forces continued to engage 
the Shan State Army (SSA), a remnant of Khung Sa's narcotics-linked 
Mong Tai army. The government continued a campaign of forced relocation 
of villagers. There are credible reports that the army committed 
retaliatory killings, rapes and other atrocities against civilians. 
Numerous other minor ethnically based insurgent groups including the 
Chin National Front (CNF), the Naga National council, the Rohingya 
solidarity organization (RSO), and the Arakan National Organization 
(ANO) continue to oppose the central government with varying levels of 
insurgent activity.
    In combat zones or in areas controlled by ethnic minorities as part 
of the government's cease fire arrangements, some insurgents subjected 
civilians to forced labor.
    Some antigovernment insurgent groups also committed serious abuses. 
Some KNU units committed extrajudicial killings of civilians, in one 
case by blowing up a passenger bus with a landmine (see Section 1.a.). 
KNPP elements reportedly killed two persons who had arranged the 
surrender of KNPP fighters to the Government and were attempting to do 
so again (see Section 1.a.). SSA insurgents reportedly committed 
retaliatory killings, rapes, and other atrocities against civilians. 
There were credible reports that some insurgents used women and 
children as porters. At least one Karen insurgent group calling itself 
God's Army, which has split from the KNU and operated from a base 
inside the country near the border with Thailand, was led by child 
soldiers (see Section 5). In September five young armed Karen seized 
the Burmese Embassy in Thailand and held persons of several 
nationalities hostage. The hostage takers later were granted refuge at 
God's Army camp in Burma.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law authorizes the Government 
to restrict freedom of speech and of the press and in practice the 
junta continued to restrict these freedoms severely and systematically. 
The Government continued to arrest, detain, convict or imprison many 
persons for nonviolently expressing or attempting to express political 
opinions critical of the junta or of military rule, or for distributing 
or possessing publications in which such opinions were expressed (see 
Sections 1.c., 1.d., and 1.e.). In addition, security services 
continued to monitor, harass, and intimidate persons believed to hold 
such political opinions. Many more persons refrained from speaking out 
due to fear of arrest, interrogation, and other forms of intimidation.
    Legal restrictions on freedom of speech, already severe since the 
early 1960s, have intensified since 1996, when the junta promulgated a 
decree prohibiting speeches or statements that ``undermine national 
stability'' as well as the drafting of alternative constitutions. In 
all regions of the country that it controlled, the military Government 
continued to use force to prohibit virtually all public speech critical 
of it by all persons, including persons elected to parliament in 1990 
and by leaders of political parties (see Sections 1.d., 1.e., 2.b., and 
3). The Government has pursued this policy consistently since 1990, 
with the one exception of permitting weekly speeches by NLD leaders in 
front of Aung San Suu Kyi's residence in Rangoon from late 1995 until 
December 1996.
    During the year, novelist Maung Tha Ya fled the country and 
publicly stated that he believed that 20 prominent writers remained in 
prison in the country, including novelist and journalist San San Nweh, 
who has been imprisoned for a 10-year-term since 1994 for passing 
information about human rights violations to international reporters 
and United Nations observers. Some of these writers, including San San 
Nweh, were reportedly in poor health, and government censorship boards 
continued not to approve publication or distribution of many works 
written by them. An international nongovernmental organization (NGO) 
that promotes media freedom reported in December that 13 journalists 
were in prison. The government did allow former political prisoner Dr. 
Ma Thida to publish a novel following her release from prison.
    On August 19, the junta announced that security forces recently 
seized thousands of ``instigative leaflets'' and many cassettes and 
videotapes that called for participation in September 9 activities to 
commemorate the prodemocracy demonstrations of August 1988 (see Section 
1.d.). On August 27, in Rangoon Division's Thaketa Township, security 
forces reportedly arrested six high school students for distributing 
such leaflets on the street.
    All forms of domestic public media were officially controlled or 
censored. This strict control in turn encouraged self-censorship on the 
part of writers and publishers.
    The State continued to own and the Government continued to control 
all daily newspapers, domestic radio and television broadcasting 
facilities. These official media remained propaganda organs of the 
junta and normally did not report opposing views except to criticize 
them. While some state-owned newspapers continued to include many 
edited international wire service reports on foreign news, domestic 
news hewed strictly to and reinforced government policy.
    All privately owned publications remained subject in principle to 
prepublication censorship by state censorship boards. Due in part to 
the time required to obtain the approval of the censors, private news 
periodicals generally were published monthly or less often. However, 
since 1996 the Government, in order to help state employees supplement 
their increasingly inadequate salaries, has given transferable waivers 
of prepublication censorship for weekly periodicals to state employee 
associations; although private weekly tabloids have proliferated, they 
remain subject in principle to censorship and generally have not 
reported domestic political news.
    Imported publications remained subject in principle to 
predistribution censorship by state censorship boards, and possession 
of publications not approved by the state censorship boards remained a 
serious offense that continued in cases involving prodemocracy 
literature to be punished by imprisonment (see Sections 1.d. and 1.e.). 
The Government also restricted the legal importation of foreign news 
periodicals, as of all other goods, by licensing. Citizens were 
generally unable to subscribe directly to foreign publications, but a 
limited selection of foreign newspapers could be purchased in a few 
hotels and stores in Rangoon (see Section 1.f.). Censors frequently 
banned issues or deleted articles deemed unwelcome by the Government. 
However, some street vendors sold illegally imported copies of 
international newsmagazines and daily newspapers.
    Since 1997 the Government has issued few visas to foreign 
journalists and has held fewer than a handful of press conferences on 
political subjects. Several journalists who entered the country as 
tourists were detained and deported by the Government.
    Due to widespread poverty, limited literacy, and poor 
infrastructure, radio remained the most important medium of mass 
communication. News periodicals rarely circulated outside urban areas, 
and most villages lacked access to electrical power, except from 
generators or batteries. The junta continued to monopolize and to 
control tightly the content of all domestic radio broadcasting. Foreign 
radio broadcasts, such as those of the British Broadcasting 
Corporation, Voice of America, Radio Free Asia, and the Norway-based 
Democratic Voice of Burma, remained the principal sources of uncensored 
information.
    The Government continued to monopolize and to control tightly all 
domestic television broadcasting, offering both a government channel 
and an armed forces channel. The Government continued to restrict the 
reception of foreign satellite television broadcasts, although 
restrictions are not enforced strictly in many cases (see Section 
1.f.). Operation of an unlicensed satellite television receiver is a 
crime punishable by imprisonment for up to 3 years. Persons active in 
prodemocracy activities remained generally unable to obtain licenses. 
However, many citizens not engaged in prodemocracy activities ignored 
the licensing regulation without penalty. The Television and Video Law 
makes it a criminal offense to publish, distribute or possess a 
videotape not approved by a state censorship board, and in 1996 the 
junta promulgated an amendment to that law that stiffened the penalties 
for distributing uncensored videos.
    The junta continued severely and systematically to restrict access 
to electronic media. Under a decree promulgated by the junta in 1996, 
all computers, software, and associated telecommunications devices are 
subject to government registration, and possession of unregistered 
equipment is punishable by imprisonment (see Section 1.f.).
    The Ministry of Defense continued to operate the country's only 
known Internet server, and during much of the year began to offer 
Internet services selectively to a small number of customers. However, 
in December military intelligence officials closed the private domestic 
e-mail services, seized some of their equipment, closed two private 
computer training schools, and detained and interrogated five 
instructors at those schools. Also in December, military intelligence 
reportedly closed the Defense Ministry's domestic Internet subscription 
service, arrested Col. Khin Maung Lwin, who managed the Defense 
Ministry's Internet operations, and charged him with violating the 
Official Secrets Act. The country's first cybercafe opened in Rangoon 
during the year, but did not offer patrons direct access to the 
Internet.
    The Government continued to restrict academic freedom severely. 
University teachers and professors remained subject to the same 
restrictions on freedom of speech, political activities, and 
publications as other government employees. The Ministry of Higher 
Education continued routinely to warn them against criticism of the 
Government; to instruct them not to discuss politics while at work; to 
prohibit them from joining or supporting political parties or engaging 
in political activity; and to require them to obtain advance 
ministerial approval for meetings with foreigners. Like all government 
employees, professors and teachers continued to be coerced into joining 
and taking part in the activities of the USDA (see Sections 1.d., 1.f., 
2.b., and 3.). Teachers at all levels continued to be held responsible 
for preventing students from engaging in any unauthorized 
demonstrations or political activity.
    Most institutions of higher education have remained largely closed 
again since 1996, when the junta closed the universities and even 
primary and secondary schools following widespread student 
demonstrations. Primary and secondary schools reopened in August 1997. 
Graduate students also were allowed to continue their studies. In 1998 
several universities were opened for abbreviated refresher courses and 
examinations. Dissatisfaction with the limited time for education 
prompted several student demonstrations. Authorities arrested student 
protest leaders and sentenced them to lengthy prison terms. After 
holding exams, the junta again closed the universities. The junta 
reopened the medical college in 1998 and the agricultural college in 
1999. In December it reopened some engineering and technical 
institutes, but these did not remain open.
    Although the Government increasingly has promoted higher education 
through correspondence courses, in practice domestic access to general 
higher education involving substantial classroom instruction remained 
conditional upon enrollment in the armed forces. The armed forces 
academy and medical and technical schools remained open.
    b. Freedom of Peaceful Assembly and Association.--The Government 
continued to restrict freedom of assembly severely. Its prohibition of 
unauthorized outdoor assemblies of more than five persons remained in 
effect, although it was enforced unevenly. The 10 existing legal 
political parties remained required to request formal permission from 
the Government to hold internal meetings of their members, although 
some members still met without official permission.
    The military junta intensified its systematic decade-long use of 
coercion and intimidation to prevent the parliament elected in 1990 
from convening (see Sections 1.c., 1.d., 1.e. and 3.).
    From July through September, government authorities in various 
parts of the country used force to prevent prodemocracy demonstrations 
or punish participants in them. Authorities detained or arrested and in 
many cases convicted and imprisoned persons suspected of planning such 
demonstrations (see Sections 1.d. and 1.e.). On August 8 and September 
9, security forces, including army soldiers and riot police deployed at 
key intersections in Rangoon to prevent any antigovernment 
demonstrations. On August 12, in Mergui, security forces reportedly 
arrested about 30 high school students who participated in a 
demonstration for a reduction of school fees, the right to form a 
student union, and other educational and political reforms (see 
Sections 1.d. and 5).
    The Government continued to allow the NLD to celebrate certain key 
party events with public gatherings at Aung San Suu Kyi's residence or 
the national NLD party headquarters in Rangoon. However, on some of 
these occasions, the Government restricted the size of the gatherings 
or the types of individuals who were allowed to attend. In August the 
security forces prevented diplomats and journalists from attending an 
NLD commemoration of the first anniversary of the formation of the 
CRPP. Outside the capital, authorities in most areas routinely 
restricted NLD members' freedom of assembly more severely, and required 
members of parliament-elect to register at police stations twice per 
day. In contrast to previous years, there were no incidents during 
which security forces publicly beat NLD members as they attempted to 
peaceably assemble or attend meetings.
    In 1998 the Government organized large anti-NLD rallies in every 
state and division (see Section 3). Many participants were required to 
attend. These rallies ceased in 1999 and were replaced by trumped-up 
recall petitions for elected members of parliament who refused to 
resign in the face of government pressure.
    The Government sometimes interfered with religious groups' 
assemblies or other outdoor gatherings during the year (see Section 
2.c.).
    The Government intensified its already severe restrictions on 
freedom of association, particularly against members of the main 
opposition political party, the NLD.
    Aside from officially sanctioned organizations like the USDA, the 
right of association existed only for organizations, including trade 
associations and professional bodies, permitted by law and duly 
registered with the Government, such as the Forest Reserve Environment 
Development and Conservation Association. Few secular nonprofit 
organizations continued to exist, and even those were subject to direct 
government intervention and took special care to act in accordance with 
government policy. This group included nominally apolitical 
organizations such as the Myanmar Red Cross and the Myanmar Medical 
Association. Only 10 political parties remained legally in existence, 
and most were moribund. Military authorities generally required 
civilian employees both of the Government to belong to the USDA.
    Government authorities continued to harass NLD members for petty 
offenses or for no offenses at all. The authorities reportedly cut off 
the supply of electrical power to the home of an NLD township chairman. 
On August 29, security forces reportedly detained the wife of an NLD 
member of the CRPP for having provided food at an NLD commemoration of 
a national holiday on July 19. Authorities also continued to arrest, 
convict, and imprison NLD activists for political crimes (see Sections 
1.c., 1.d., and 1.e.).
    In addition, during the year the junta continued its systematic 
nationwide campaign to destroy the NLD without formally banning it. 
This campaign was intensified after September 1998, when the NLD's 
national leadership organized the CRPP. Throughoutthe year, government 
media published hundreds of reports from localities across the country 
that NLD members had ``voluntarily resigned'' from the party in groups 
ranging in size from fewer than 10 to more than 1,000 persons. By 
year's end, the reported number of NLD members who ``voluntarily 
resigned'' numbered in the tens of thousands. Government authorities 
announced in state media that those who had resigned from the NLD 
included 27 persons elected to parliament in 1990 (see Section 3.).
    Many of these resignations from the NLD generally were coerced 
according to the people concerned. In some townships, authorities 
subjected local NLD officers to particularly intense pressure to resign 
from the party and rendered local party organizations officially 
defunct due to a lack of recognized officers. In some localities, NLD 
members and in particular local NLD officials who refused to resign 
from the party were arrested or imprisoned or recall motions were 
mounted against them. In many townships, this campaign deprived people 
of any registered organization though which they could associate for 
political purposes without criminal liability. The NLD credibly alleged 
that the government also used its control of some members of the 
Buddhist clergy to induce NLD members to resign and to dissolve local 
party organizations.
    c. Freedom of Religion.--Most adherents of all religions duly 
registered with the authorities generally enjoyed freedom to worship as 
they chose; however, the Government imposed some restrictions on 
certain religious minorities. In addition, the government 
systematically restricted efforts by Buddhist clergy to promote human 
rights and political freedom, and coercively promoted Buddhism over 
other religions in some ethnic minority areas.
    The most recent Constitution, promulgated in 1974, permitted both 
legislative and administrative restrictions on religious freedom, 
stating that ``the national races shall enjoy the freedom to profess 
their religion . . . provided that the enjoyment of any such freedom 
does not offend the laws or the public interest.'' The Government 
required religious organizations, like all organizations, to register 
with it. Although there is a government directive exempting ``genuine'' 
religious organizations from registration, in practice only registered 
organizations can buy or sell property or open bank accounts, which 
induces most religious organizations to register. Religious 
organizations register with the Ministry of Home Affairs with the 
endorsement of the Ministry for Religious Affairs. The State also 
provides some utilities, such as electricity, at preferential rates to 
recognized organizations.
    The Government routinely monitored religious meetings, like all 
assemblies; and it subjected religious publications, like all 
publications, to censorship and control.
    There is no official state religion; however, the Government 
continued both to show preference for Theravada Buddhism, the majority 
religion. State-controlled news media continued frequently to depict or 
describe junta members paying homage to Buddhist monks, making 
donations at pagodas throughout the country, officiating at ceremonies 
to open, improve, restore or maintain pagodas, and organizing 
ostensibly voluntary ``people's donations'' of money, food, and 
uncompensated labor to build or refurbish Buddhist religious shrines 
throughout the country. State-owned newspapers routinely featured, as 
front-page banner slogans, quotations from the Buddhist scriptures. 
Buddhist doctrine remained part of the state-mandated curriculum in all 
elementary schools; however, individual children could opt out of 
instruction in Buddhism. The Government continued to fund two State 
Sangha Universities in Rangoon and Mandalay to train Buddhist clergy.
    Religious groups of all faiths were able to establish and maintain 
links with coreligionists in other countries and travel abroad for 
religious purposes; however, the Government reportedly monitored these 
activities. Foreign religious representatives usually were allowed 
visas only for short stays but in some cases were permitted to preach 
to congregations.
    In general, the Government has not permitted permanent foreign 
missionary establishments since the mid-1960's, when it expelled nearly 
all foreign missionaries and nationalized all private schools and 
hospitals, which were extensive and were affiliated mostly with 
Christian religious organizations. However, some elderly nuns and 
priests working in the country since before independence in 1948 have 
been allowed to continue their work. By contrast, the junta partly 
funded the construction of the International Theravada Buddhist 
Missionary University in Rangoon, which opened in December 1998; its 
stated purpose is``to share Myanmar's knowledge of Buddhism with the 
people of the world,'' and the main language of instruction is English.
    There continued to be credible reports from various regions of the 
country that government officials and security forces compelled 
persons, especially in rural areas, to contribute money, food, or 
uncompensated labor to state-sponsored projects to build, renovate, or 
maintain Buddhist religious shrines or monuments. The Government calls 
these contributions ``voluntary donations'' and imposes them on both 
Buddhists and non-Buddhists (see Section 6.c.).
    The Government prohibits any organizations of Buddhist clergy other 
than nine state-recognized monastic orders, which submit to the 
authority of a state-sponsored State Clergy Coordination Committee 
(``sangha maha nayaka committee''--SMNC) elected indirectly by monks. 
The junta continued to subject the Buddhist clergy (``sangha'') to 
special restrictions on freedom of expression and association. Since 
1995 the junta has prohibited the ordination as clergy of any member of 
a political party.
    In July the senior abbots of five monasteries around Mandalay 
reportedly protested a new order by the regional military command that 
forbade Buddhist clergy to leave their township of residence without 
first surrendering their identity cards and obtaining written 
permission from local authorities; persons other than Buddhist clergy 
generally were not subject to such severe restrictions on movement (see 
Section 2.d.).
    There is no reliable estimate of the number of Buddhist clergy in 
prisons or labor camps at year's end. Buddhist monks reportedly have 
died in prisons or labor camps run by the Government's Department of 
Prisons.
    Christian and Islamic groups continued to have difficulties in 
obtaining permission to build new churches and mosques, particularly on 
prominent sites.
    It was credibly reported that in Karen State's Pa'an Township, army 
units repeatedly conscripted as porters young men leaving worship 
services at some Christian churches, causing young men to avoid church 
attendance.
    Religious publications, like secular ones, remained subject to 
censorship. Translations of the Bible and the Koran into indigenous 
languages could not be imported or printed legally, although this ban 
is not enforced in many areas. In February and May in Tamu Township in 
Sagaing Division, military authorities reportedly confiscated 1,600 
copies of the Bible printed outside the country in the Chin, Kachin, 
and Karen languages; these Bibles reportedly remained confiscated at 
year's end.
    Since 1990 government authorities and security forces have promoted 
Buddhism over Christianity among the Chin ethnic minority of the 
western part of the country. Since 1990 government authorities and 
security forces, with assistance from monks of the Hill Regions 
Buddhist Missions, coercively have sought to induce Chins to convert to 
Theravada Buddhism and to prevent Christian Chins from proselytizing 
Chins who practice traditional indigenous religions. This campaign, 
reportedly accompanied by other efforts to ``Burmanize'' the Chin, has 
involved a large increase in military units stationed in Chin State and 
other predominately Chin areas, state-sponsored immigration of Buddhist 
Burman monks from other regions, and construction of Buddhist 
monasteries and shrines in Chin communities with few or no Buddhists, 
often by means of forced ``donations'' of money or labor. Government 
authorities repeatedly prohibited Christian clergy from proselytizing. 
Soldiers beat Christian clergy who refused to sign statements promising 
to stop preaching. There reportedly have been instances of forced 
conversion. Since the early 1990's, security forces have torn down or 
forced villagers to tear down crosses that had been erected outside 
Chin Christian villages; these crosses often have been replaced with 
pagodas, sometimes built with forced labor. In parts of Chin State, 
authorities reportedly have not authorized the construction of any new 
churches since 1997. After parts of the Aungdawmu Buddhist pagoda in 
Chin State's Falam Township collapsed in July, Buddhist monks and army 
authorities reportedly forced Chin villagers, most of whom were not 
Buddhists, to labor for months without pay to repair it.
    During the year, there were several credible reports of harassment 
of Christian churches and pastors in Chin State and in the Chin 
community elsewhere in connection with the celebration of the l00th 
year of Christianity among the Chin.
    On January 5, after a centennial celebration held in the town of 
Than Tlang on January 1-3, citizens of the town erected a cross atop 
Vuichip Hill outside the town. The township military commander 
reportedly ordered the town's residents to remove the cross, but they 
refused to do so, whereupon soldiers reportedly removed the cross and 
arrested and interrogated six Chin Baptist pastors. In response the 
inhabitants of Than Tlang observed a general strike and day of prayer 
on January 6. The township military command then reportedly summoned 20 
Christian clergy and church leaders for interrogation. On January 9, 
Christian churches around Hakka, the capital of Chin State, joined Than 
Tlang's protest by holding special prayer services. The regional 
military command then reportedly ordered the postponement until April 
of a centennial celebration to be held in Hakka, and informed Chin 
Christian leaders that erection of the crosses on hilltops must be 
approved by authorities in Rangoon. Authorities allowed the centennial 
celebration in Hakka to take place in April, but reportedly limited 
participation to 4,500 persons and reportedly refused to allow former 
Baptist missionaries and Baptists from other countries to participate. 
Early in the year, military authorities in Hakka reportedly ordered 
that the construction of new churches be halted, thereby preventing the 
completion before the April centennial celebration of a hall named in 
honor of the first Baptist missionary among the Chin.
    For several years, there have been reports that the Government 
sought to induce members of the Naga ethnic group in Sagaing Division 
to convert from Christianity to Buddhism by means similar to those it 
used to convert members of the Chin to Buddhism. During the year, the 
first mass exodus of Naga religious refugees from the country occurred. 
In August more than 1,000 Christians of the Naga ethnic group, from 8 
different villages, reportedly fled the country to India. These Naga 
reportedly claimed that the army and Buddhist monks tried to force them 
to convert to Buddhism and had forced them to close churches in their 
villages, then desecrated the churches.
    Religious affiliation sometimes is indicated on government-issued 
identification cards that citizens and permanent residents of the 
country are required to carry at all times. There appear to be no 
consistent criteria governing whether a person's religion is indicated 
on his or her identification card. Nationals are also required to 
indicate their religions on some official application forms, e.g., for 
passports.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Government restricts freedom of 
movement. Although citizens have the legal right to live anywhere in 
the country, both urban and rural residents were subject to arbitrary 
relocation (see Sections 1.f. and 1.g.). Except for limitations in 
areas of insurgent activity, most citizens could travel freely within 
the country but were required to notify local government of their 
whereabouts (see Sections 1.f.).
    Since ostensibly freeing NLD general secretary Aung San Suu Kyi in 
1995 from a 6-year-long house arrest, the junta has continued to 
restrict severely her freedom of movement within the country, seldom 
allowing her to travel outside the capital and sometimes preventing her 
from leaving her home in Rangoon. The Government prevented her from 
leaving her residence on September 9 and September 16 (see Section 
2.a.). Since 1996 security forces also have restricted public movement 
along the street in front of her residence.
    Those residents unable to meet the restrictive provisions of the 
citizenship law, such as ethnic Chinese, Arakanese, Muslims, and others 
must obtain prior permission to travel. Some Arakanese Muslims must 
obtain permission from the security forces to travel to the next town. 
The Government also prohibits foreign diplomats and foreign employees 
of U.N. agencies based in Rangoon from travelling outside the capital 
without advance permission, which sometimes was not granted or 
rescinded after travel had begun.
    The Government carefully scrutinized prospective travel abroad. 
This facilitated rampant corruption as many applicants were forced to 
pay large bribes to obtain passports to which they otherwise were 
entitled. The official board that reviews passport applications denied 
passports in some cases apparently on political grounds. All college 
graduates who obtained a passport (except for certain government 
employees) were required to pay a special education clearance fee to 
reimburse the Government for the cost of their education. Citizens who 
had emigrated legally generally were allowed to return to 
visitrelatives, and some who had lived abroad illegally and acquired 
foreign citizenship were able to return to visit.
    Since the mid-1990's, the Government increasingly has restricted 
the issuance of passports to female citizens (see Sections 1.f., 5 and 
6.f.). However, these restrictions sometimes were evaded by payments of 
large bribes.
    In March while denying a visa to her terminally ill British 
husband, the Government indicated that they would issue Aung San Suu 
Kyi a passport to enable her to visit him in the United Kingdom, but 
stated that it would allow her to reenter the country only if her 
foreign travel were not of a political nature. In the first quarter of 
the year, state media throughout the country featured slogans urging 
that Aung San Suu Kyi be deported (see Sections 1.f. and 5).
    Restrictions on foreign travelers have been eased as part of an 
effort to promote tourism. Burmese embassies issued tourist visas, 
valid for 1 month, within 24 hours of application. However, select 
categories of applicants, such as foreign human rights advocates, 
journalists, and political figures continued to be denied entry visas 
unless traveling under the aegis of a sponsor acceptable to the 
Government and for purposes approved by the Government. In September 
the Government temporarily stopped issuing visas to independent 
travelers in order to prevent foreign activists from entering the 
country. Many travelers were questioned at length and asked to sign 
oaths indicating that they were not journalists or activists before 
their visas were issued. The Government detained and deported several 
journalists (see Section 2.a.). One foreign citizen who entered the 
country after previously being expelled for antigovernment activity was 
sentenced to 5 years in prison in 1998. He was released after 90 days 
and deported. After violating the terms of his deportation by returning 
to Burma in September, he was convicted of immigration and publishing 
violations and sentenced to seventeen years in prison. Although some 
areas of the country remained closed to foreigners for security 
reasons, the Government permitted travel to most other destinations. 
Rangoon-based diplomats must apply 10 days in advance for travel 
outside the capital.
    From early October until late November the Government closed the 
border with Thailand; it announced that the seizure of its embassy in 
Bangkok, Thailand, by Karen insurgents in early October impelled it to 
take this action (see Section 1.g.).
    Hundreds of thousands of citizens continued to reside outside the 
country, mostly in Thailand, India, and Bangladesh. About 150,000 lived 
in refugee camps. During the first months of the year, at least 112,000 
Karen, Mon, and Karenni residing in refugee camps in Thailand, and the 
tens of thousands of Shan refugees whom the Thai Government did not 
confine to such camps, were joined during the year by thousands of new 
arrivals who fled army attacks against insurgencies in the Karen, 
Karenni, and Shan ethnic areas, which were accompanied by numerous, 
serious, widespread abuses of the human rights of noncombatants (see 
Sections 1.a., 1.c., 1.f., 1.g., and 6.c).
    At year's end, there were still 21,000 Rohingya Muslims remaining 
in refugee camps in Bangladesh. The UN High Commissioner for Refugees 
(UNHCR) repatriation program, which since 1992 had succeeded in 
returning approximately 238,000 refugees to Burma and originally had 
been scheduled to end on August 15, 1997, halted prematurely when the 
Rohingyas as a group rejected repatriation and demanded resettlement in 
Bangladesh. While the Government agreed to resume repatriation of those 
remaining, this repatriation is proceeding extremely slowly.
    The Rohingyas refused to return because they feared human rights 
abuses, including religious persecution and other government 
restrictions. The UNHCR reported that the Government cooperated in 
investigating isolated incidents of renewed abuse of repatriated 
citizens. However, returnees face severe and increasing restrictions 
imposed by the Government on their ability to travel and to engage in 
economic activity (see Sections 2.c. and 5).
    The Government does not allow refugees or displaced persons from 
abroad to resettle or seek safe haven, and has no policy to grant 
asylum. There were no reports that persons formally sought asylum in 
the country during the year. There also were no reports of the forced 
return of persons to a country where they feared persecution.
    On October 1, a handful of armed antigovernment terrorists who took 
control of the Burmese embassy in Bangkok, Thailand, heldhostage and 
threatened to kill foreign tourist visa applicants as well as embassy 
staff; the incident was resolved without loss of life (see Section 
1.g.).
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Despite the overwhelming desire that citizens demonstrated in the 
1990 elections for a return to democracy, the regime continued to deny 
them the right to change their government.
    Since 1962 active duty military officers have occupied most 
important positions throughout the Government, particularly at the 
policy making level, but also extending to local administration. Since 
the armed forces brutally crushed widespread and largely peaceful 
prodemocracy demonstrations in 1988, all state power has been held by a 
military junta. All members of the junta have been military officers on 
active duty, and the junta has placed military or recently retired 
military officers in most key senior level positions in all ministries. 
At year's end, only 11 of the 41 government ministers were civilians.
    Following the NLD's victory in the 1990 elections, the SPDC 
thwarted voters by refusing to implement the election results. The 
Government disqualified, detained, or imprisoned many successful 
candidates, and many others fled the country (see Sections 1.d. and 
1.e.).
    Rather than accept the will of the citizenry as expressed in the 
1990 election, the junta convened a national convention in 1993 to draw 
up principles for a new constitution. The junta hand-picked most 
delegates, and carefully stage-managed the proceedings; even limited 
opposition views were ignored. The junta tasked the convention with 
drafting a new constitution designed to provide a dominant role for the 
military services in the country's future political structure. In 1995 
the NLD delegates withdrew from the convention pending agreement by the 
Government to discuss revising the convention's working procedures to 
permit debate and meaningful participation in formulation of a new 
constitution. Two days after its withdrawal, the NLD was expelled 
formally. The national convention continued its deliberations until it 
adjourned in March 1996. It has not reconvened. The provisions that it 
adopted were designed to ensure the large-scale involvement of the 
military services in all levels of government--including reserving 25 
percent of seats in the Parliament for appointed members of the 
military services, and reserving key government posts for military 
personnel as well. In addition it adopted provisions that prohibited, 
among other things, anyone ``under acknowledgment of allegiance'' to a 
foreigner or who has received any type of assistance from a foreign 
source, from participating in the Government. These provisions 
apparently were designed to exclude Aung San Suu Kyi, who was married 
to a British citizen.
    During the year, the SPDC intensified its systematic use of 
coercion and intimidation to deny citizens the right to change their 
government. In August 1998, the NLD leadership organized a small 
Committee of Representatives of the People's Parliament that had 
written delegations of authority from a majority of the surviving 
representatives elected in 1990 to act on behalf of the Parliament, in 
view of the junta's continued use of force to prevent the whole 
Parliament from convening. The junta has responded by directing a 
sustained, systematic campaign to destroy the NLD without formally 
banning it; authorities pressured many thousands of NLD members and 
local officials to resign and closed party offices throughout the 
country. Military intelligence officials also have detained without 
charge 55 other elected representatives, mostly NLD members, since 
September 1998 (see Section 1.d.).
    In addition, the junta continued its systematic nationwide campaign 
in which local authorities pressured constituents to sign statements of 
no confidence in NLD representatives elected from their districts in 
1990. During the year, state-owned media reported that a majority of 
eligible voters in at least 10 townships had signed petitions 
expressing no confidence in at least 27 NLD members-elect of 
Parliament. These petitions were presented to local Multiparty 
Democracy General Election Commissions in formal ceremonies staged at 
mass rallies widely publicized by state-owned media. Both the CRPP in 
public statements and the NLD in lawsuits it filed to protest these 
activities (see Section 1.e.) alleged credibly and in detail that 
signature of these petitions and participation in these mass rallies 
generally was obtained by systematic coercion and intimidation by 
government and USDA officials (see Section 1.e.).
    In late October the national Multiparty Democracy General Election 
Commission reportedly announced that of 392 NLD members elected to 
parliament in 1990, only 92 remained both NLD members and members-elect 
of parliament; 105 had resigned their parliamentary status, the 
Commission had disqualified or revoked the candidacy of 139, 27 had 
resigned from the NLD, and 31 had died.
    At year's end, the government claimed there were only 166 of the 
485 elected members of Parliament. Given credible reports of forced 
resignations and opposition assertions that disqualifications are 
invalid, a more indicative statistic is that 432 persons elected to be 
members of parliament in 1990 remained alive and in the country at 
year's end.
    Women and minorities were underrepresented in the Government and 
the top ranks of government services and excluded from military 
leadership. There were no female members of the SPDC, ministers, or 
supreme court judges.
    Members of certain minority groups continued to be denied full 
citizenship and a role in government and politics (see Section 5).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government does not allow domestic human rights organizations 
to exist, and it remained generally hostile to outside scrutiny of its 
human rights record. Approximately 15 nonpolitical, humanitarian, 
international NGO's continued project work. A few others established a 
provisional presence while undertaking the protracted negotiations 
necessary to set up permanent operations in the country.
    The Government continued to refuse to meet with representatives of 
the U.N. Human Rights Commission (UNHRC), which repeatedly has 
criticized the Government's junta rights record in annual resolutions, 
and continued to deny the UNHRC Special Rapporteur for Burma, Rajsoomer 
Lallah, entry into the country. In his report to the UNHRC, Lallah 
criticized the human rights violations committed against ethnic 
minorities as a result of the SPDC's policy of forcible relocations and 
continued recourse to forced labor. The Government allowed two visits 
of U.N. Special Envoy to Burma Alvaro de Soto in 1998 and 1999. 
However, the SPDC refused to engage on the substance of Mr. De Soto's 
mandate.
    In recent years the Government has denied entry to foreigners, 
including staff of an International Labor Organization (ILO) Special 
Commission of Inquiry, who sought to investigate allegations of forced 
labor (see Section 6.c.).
    The Government continued routinely, although less routinely than 
during 1998, to deny visas to foreign journalists and NGO staff whom it 
regarded as likely to criticize its human rights record publicly.
    The Government's restriction of travel to and within the country by 
foreign journalists, NGO staff, U.N. agency staff, and diplomats, its 
monitoring of the movements of such foreigners, and its frequent 
interrogation of citizens about contacts with foreigners, its 
restrictions on the freedom of expression and association of citizens, 
and its practice of arresting citizens who passed information about 
government human rights abuses to foreigners, all impeded efforts to 
collect or investigate information about human rights abuses (see 
Sections 1.c., 1.d., 1.e., 2.a., 2.b., 2.c., and 6.a.). Reports of 
abuses, especially those committed in prisons or ethnic minority areas, 
often emerged months or years after the abuses allegedly were 
committed, and seldom could be verified with certainty.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    Trafficking in women for the purpose of forced prostitution is a 
serious problem (see Section 6.f.).
    The military junta continued to rule by decree and was not bound by 
any constitutional provisions concerning discrimination.
    Women.--Domestic violence against women, including spousal abuse, 
appears to be relatively infrequent. Married couples often live in 
households with extended families, where social pressuretends to 
protect the wife from abuse. The Government sponsors social welfare 
training for women.
    Prostitution became an increasingly overt problem during the 
period, particularly in some of Rangoon's ``new towns,'' populated 
chiefly by poor families forcibly relocated from older areas of the 
capital (see Section 1.f.). The Government and at least one 
international nongovernmental organization operate schools and other 
rehabilitation programs for former prostitutes.
    Trafficking in women for the purposes of prostitution is a serious 
problem (see Section 6.f.).
    In general women traditionally have enjoyed a high social and 
economic status exercising most of the same basic rights as men. 
Consistent with traditional culture, women keep their names after 
marriage and often control family finances. While nationwide, there was 
little difference between the males and females in school attendance 
rates or educational attainment, in Muslim dominated areas, girls 
tended to stop schooling much earlier than boys. However, women 
remained underrepresented in most traditional male occupations, and 
women continued to be barred effectively from a few professions 
including the military officer corps. The burden of poverty, which is 
particularly widespread in rural areas, fell disproportionately on 
women. In recent years, the Government officially hampered women from 
marrying foreigners and restricted foreign travel by women but has not 
enforced these restrictions consistently (see Sections 1.f., 2.d., and 
6.f.).
    Women did not consistently receive equal pay for equal work. Women 
legally were entitled to receive up to 26 weeks of maternity benefits; 
however, in practice these accommodations often were not realized.
    There were no independent women's rights organizations; the 
National Committee for Women's Affairs in the Ministry of Social 
Welfare is charged with safeguarding women's interests. The Myanmar 
Maternal and Child Welfare Association, a government-controlled agency, 
provided assistance to mothers. A professional society for 
businesswomen, the Myanmar Women Entrepreneurs' Association, formed in 
1995, provided loans to new businesses, and made charitable donations.
    During the year, the State acceded to the Convention on the 
Elimination of All Forms of Discrimination Against Women.
    Children.--The Government continued to neglect and restrict the 
education of children. The junta continued to allocate few and 
declining resources to fund public education. In response to inadequate 
public education, private institutions began emerging during the year 
despite an official monopoly on education. Government expenditures for 
all civilian education for 1997-98 were equivalent to only 0.9 percent 
of recorded GDP during the year and have declined by more than 70 
percent in real terms since 1990. According to government studies 
conducted with U.N. assistance, although education is compulsory, only 
37 percent of children finished fourth grade in urban areas and only 22 
percent did so in rural areas. Rates of school attendance and 
educational attainment decreased during the 1990s, due largely to 
increasing formal and informal school fees as the junta diverted 
expenditures from health and education to the armed forces. Teachers' 
salaries were far below subsistence wages. Increasingly, only 
relatively prosperous families could afford to send their children to 
school, even at the primary level. In some areas in the center of the 
country, where few families could afford unofficial payments to 
teachers, teachers generally no longer came to work and schools no 
longer functioned. Junta policies have accelerated a general 
educational decline (see Section 1.f.).
    Children also suffered greatly from the junta's severe and 
worsening neglect of health care. Private health care facilities became 
increasingly the provider of choice for the relatively prosperous. The 
junta has cut government expenditures on public health care even more 
sharply than it cut spending for education. Government expenditures for 
civilian health care in 1997-98 were equivalent to only 0.3 percent of 
GDP. Government studies sponsored by U.N. agencies in 1997 found that 
on average 131 of 1,000 children died before reaching the age of 5 
years, and that on average only 1 out of 20 births in rural areas was 
attended by a doctor, due chiefly to pervasive and extremely shortages 
of medical personnel, facilities, and equipment. In parts the country, 
health care was virtually nonexistent.
    Government studies sponsored by U.N. agencies in 1997 found that of 
children under 3 years old, 37 percent were malnourished and 13 percent 
were severely malnourished. Many families subsisted on one meal of rice 
per day.
    Child prostitution and trafficking in girls for the purpose of 
forced prostitution--especially Shan girls who were sent or lured to 
Thailand, continued to be a major problem (see Section 6.f.). Reports 
from Thailand indicated that the rising incidence of HIV infection 
there has increased the demand for supposedly ``safer'' younger 
prostitutes.
    The army conscripts children as young as the age of 14, especially 
orphans and street children; they are deployed to training camps where 
they support the military forces. In combat areas the military forces 
continued to force children to labor as porters, and often subjected 
them to beatings (see Sections 1.f., 1.g., 6.c. and 6.d.).
    Religious Minorities.--The great majority of the country's 
population at least nominally follow Theravada Buddhism. There are 
minorities of Christians (mostly Baptists as well as some Catholics and 
Anglicans), Muslims (mostly Sunni), Hindus, and practitioners of 
traditional Chinese and indigenous religions. There is some correlation 
between ethnicity and religion. In much of the country there is also 
some correlation between religion and social class, in that non-
Buddhists tend to be better educated in secular matters, more 
urbanized, and more commercially oriented than the Buddhist majority.
    There are social tensions between the Buddhist majority and the 
Christian and Muslim minorities, due in large part to government 
preference in practice (although not in law) both for non-Buddhists 
during British colonial rule and for Buddhists since independence.
    Non-Buddhists continued to experience discrimination at upper 
levels of the public sector. Only one non-Buddhist served in the 
Government at ministerial level, and the same person, a brigadier 
general, is the only non-Buddhist known to have held flag rank in the 
armed forces during the 1990's. The Government discourages Muslims from 
entering military service, and Christian or Muslim military officers 
who aspire to promotion beyond the middle ranks are encouraged by their 
superiors to convert to Buddhism.
    There were credible reports that during the spring anti-Islamic 
booklets were distributed throughout the country through the USDA. This 
report followed other reports in recent years of government instigation 
or toleration of violence against Muslims. Even though the Government 
reportedly contributed to or instigated anti-Muslim violence in Arakan 
State in 1991, in Shan State and Rangoon in 1996, and in cities 
throughout the country in 1997, its reported ability to do so 
repeatedly reflects widespread prejudice against Muslims, many of whom 
are ethnic Indians or Bengalis.
    Members of the Muslim Rohingya minority in Arakan State, on the 
country's western coast, continued to experience severe legal, 
economic, and social discrimination. The Government denies citizenship 
status to most Rohingyas on the grounds that their ancestors allegedly 
did not reside in the country at the start of British colonial rule, as 
required by the country's highly restrictive citizenship law. In 1991 
tens of thousands of Rohingya, according to some reports as many as 
300,000, fled from Arakan State into Bangladesh following anti-Muslim 
violence alleged although not proven to have involved government 
troops. Rohingyas who have returned to Arakan complained of government 
restrictions on their ability to travel and to engage in economic 
activity.
    There are credible reports that government authorities in Arakan 
State have compelled Muslims to build Buddhist pagodas as part of the 
country's forced conscription labor program (see Section 6.c.). In 
March the Government forcibly relocated about 200 Buddhists from Dagon 
Township in Rangoon to Arakan State; this had the effect of increasing 
the population of Buddhists in a region with a large Muslim population 
(see Section 1.f.). On November 19, in Arakan State's Maungdaw 
Township, Myint Tun, director of the state's Buddhist Religious 
Association, accompanied by officials of a local Buddhist religious 
center, reportedly visited the village of lower Purma and ordered the 
village headman to demolish the village's largest and oldest mosque, 
without citing any reason.
    Since 1994 when the progovernment Democratic Karen Buddhist Army 
(DKBA) was organized, there has been armed conflict between the DKBA 
and the Christian-led Karen National Union. This armed conflict between 
two nongovernmental Karen organizations has had strong religious 
overtones. During the mid-1990's, it was reportedly common DKBA 
practice to torture Christian villagers and kill them if they refused 
to convert to Buddhism, and during 1998 DKBA troops in Ler Doh Township 
in Karen State reportedly posted signs in front of churches warning 
that they would kill anyone attending those churches on Sundays. In 
recent years, a Karen Christian fundamentalist insurgent group that 
called itself God's Army has split from the KNU (see Section 1.g.).
    People with Disabilities.--In principle official assistance to the 
disabled includes two-thirds of pay for up to 1 year of a temporary 
disability and a tax-free stipend for permanent disability; however, in 
practice assistance is extremely limited. There is no law mandating 
accessibility to buildings, public transportation, or government 
facilities. While there are several small-scale organizations to assist 
the disabled, most disabled persons must rely on their families to 
provide for their welfare. Disabled veterans receive available benefits 
on a priority basis. Because of landmine detonations, there is a high 
rate of amputee injuries.
    National/Racial/Ethnic Minorities.--Wide-ranging governmental and 
societal discrimination against minorities persists.
    Animosities between the country's many ethnic minorities and the 
Burman majority, which has dominated the Government and the armed 
forces since independence, continued to fuel at least four active 
ethnic insurgencies that resulted in many killings and other serious 
abuses (see Section 1.g.). Some frequently reported abuses included 
killings, beatings, and rapes of Chin, Karen, Karenni, and Shan by 
mostly Burman army soldiers. During the past decade, the junta has 
sought to pacify these ethnic groups by means of negotiated cease-
fires, grants of limited autonomy, and promises of development 
assistance.
    The Government continued to discriminate systematically against 
non-Burmans. National identity cards and passports generally denoted 
the ethnicity of non-Burmans either explicitly or through the use of a 
personal title in the ethnic minority language rather than Burmese. 
Ethnic minority areas that were remote from active insurgent 
operations, such as the large Karen areas of Irrawaddy Division, 
experienced tighter controls on personal movement including more 
frequent military checkpoints, closer monitoring by military 
intelligence, and larger military garrisons and hence more informal 
taxes, than comparable Burman areas.
    Ethnic minority groups generally had their own primary languages. 
However, throughout all parts of the country controlled by the 
Government, including ethnic minority areas, Burmese remained the sole 
language of instruction in all state schools. Even in ethnic minority 
areas, primary and secondary state schools did not offer any 
instruction in the local ethnic minority language even as a second 
language. There were very few domestic publications in indigenous 
minority languages. In some ethnic minority areas such as Chin State, 
there continued to be many reports that the army offered financial and 
career incentives for Burman soldiers to marry Chin women, teach them 
Burmese, and convert them to Buddhism. Throughout the 1990s, there were 
credible reports that the junta resettled groups of Burmans in various 
ethnic minority areas.
    The ethnic minority populations continued to complain that their 
concerns have not been addressed adequately by the Government. Economic 
development among minorities has continued to lag, leaving many persons 
living at or below subsistence levels.
    There are ethnic tensions between the Burmans and nonindigenous 
ethnic populations including Indians, many of whom are Muslims, and a 
rapidly growing population of Chinese, mostly recent immigrants from 
Yunnan province that increasingly dominates the economy of the northern 
part of the country. Both groups have tended to be more commercially 
oriented and hence more prosperous and economically powerful than 
Burmans, and their members commonly have discriminated based on 
ethnicity in hiring, buying, and selling.
    Since only persons who can prove long familial links to the country 
are accorded full citizenship, nonindigenous ethnicpopulations 
continued to be denied full citizenship and to be excluded from 
government positions. Persons without full citizenship continued to 
face restrictions in domestic travel and to be barred from certain 
advanced university programs in medicine and technological fields (see 
Section 2.d.).
Section 6. Worker Rights
    a. The Right of Association.--The 1926 Trade Unions Act, which 
remained in effect, permits the formation of trade unions only with the 
prior consent of the Government; however, free trade unions do not 
exist in the country, and the junta has dissolved even the government-
controlled that existed before 1988.
    There were no strikes during the year. The last reported strike was 
in December 1997, when workers in a foreign-owned textile factory in 
Pegu staged a successful 4-day strike.
    Because of its longstanding violation of ILO Convention 87 on 
freedom of association, the 1998 ILO Conference cited the Government 
for continued failure to implement that convention. The Conference 
criticized both lack of progress and absence of cooperation on the part 
of the Government. On June 17, the Foreign Ministry issued a press 
release stating that it would ``cease participation in activities 
connected with Convention 87,'' thereby in effect withdrawing from that 
Convention.
    The Government also continued to require that citizens who found 
work on foreign vessels through its Seafarers' Employment Control 
Division (SECD) neither contact nor participate in any activities of 
the International Transport Workers' Federation (ITF).
    No unions are affiliated internationally.
    In 1989 the United States suspended Burma's eligibility for trade 
concessions under the Generalized System of Preferences (GSP) program, 
pending steps to afford its labor force internationally recognized 
worker rights.
    b. The Right to Organize and Bargain Collectively.--Workers do not 
have the right to organize and bargain collectively to set wages and 
benefits. The Government's Central Arbitration Board, which once 
provided a means for settling major labor disputes, continued to exist 
but in practice has been dormant since 1988. Township-level labor 
supervisory committees existed to address minor labor concerns.
    The Government unilaterally set wages in the public sector. In the 
private sector, market forces generally set wages. However, the 
Government pressured joint ventures not to pay salaries greater than 
those of ministers or other senior employees. Some joint ventures 
circumvented this with supplemental pay, as well as through incentive 
and overtime pay and other fringe benefits. Foreign firms generally set 
wages near those of the domestic private sector but followed the 
example of joint ventures in awarding supplemental wages and benefits.
    There were no export processing zones. However, there were special 
military-owned industrial parks, such as Pyin-ma-bin near Rangoon, 
which attracted foreign investors and often manufactured for export by 
offering cheaper labor than was available elsewhere. These were 
tantamount to export processing zones in many respects.
    c. Prohibition of Forced or Compulsory Labor.--Forced or compulsory 
labor remained a widespread and serious problem. Although the Penal 
Code provides for the punishment of persons who impose forced labor on 
others, there were no known cases of the application of this provision. 
Throughout the country, international observers have confirmed that the 
Government routinely continued to force citizens to work on 
infrastructure construction and maintenance projects. The law does not 
prohibit forced and bonded labor by children specifically, and forced 
labor by children occurs.
    On June 17, the ILO Conference suspended Burma from receiving ILO 
technical assistance or attending ILO meetings due to the Government's 
``flagrant and persistent failure to comply'' with Convention 29 on 
forced labor. The ILO Conference's action followed an exhaustive 1998 
report by an ILO Special Commission of Inquiry into Forced Labor in 
Burma, which concluded, based on 6,000 pages of documentation, that 
there was abundant evidence of pervasive use of forced labor in the 
country. The SpecialCommission of Inquiry found that women, children, 
and the elderly were unduly required to perform forced labor; that 
porters often were sent into dangerous military situations, rarely 
received medical treatment, and were almost never compensated; that 
forced laborers frequently were beaten; and that some women performing 
forced labor were raped or otherwise abused sexually by soldiers. On 
June 17, the Ministry of Foreign Affairs issued a press release stating 
that the Government would ``cease participation in activities connected 
with Convention 29.''
    Since precolonial times, the country's rulers have imposed large 
forced labor obligations on its inhabitants for military, economic, or 
religious purposes. However, from 1992 to 1996, the junta significantly 
increased the State's use of forced labor to meet its infrastructure 
development goals. After 1996, when the Government announced that 
military personnel would provide labor for infrastructure projects, the 
use of unpaid civilian labor on physical infrastructure projects, 
especially for irrigation projects and railroad building, diminished. 
Nonetheless, the use of forced labor on such projects has remained 
widespread.
    Many detailed credible reports indicate that in recent years, 
especially in areas inhabited chiefly by members of the Chin, Karen, 
Karenni, and Shan ethnic groups, army units have increased greatly 
their use of forced labor for logistical support purposes, including to 
build, repair, or maintain army camps and roads to them, as well as to 
plant crops, cut or gather wood or bamboo, cook, clean, launder, weave 
baskets, fetch water for army units--and, in the case of young women, 
to provide sexual services to soldiers. The number of reports of this 
practice has increased since 1997, when the junta required regional 
military commanders to become more self-sufficient logistically (see 
Sections 1.f. and 1.g.).
    Authorities continued to impose forced labor chiefly, although not 
exclusively, on rural populations, and imposed forced labor quotas on 
villages, households, or persons directly or through village headmen. 
Government authorities often allowed households or persons to 
substitute contributions of money or food for contributions of labor 
for infrastructure projects, but widespread rural poverty obliged most 
households to contribute labor. The State allocated funds to regional 
and local authorities to pay wages to at least some of the civilians on 
whom it imposed labor obligations; however, these wages were set at 
levels that were below rural market wages, and reports indicated that 
local authorities commonly did not disburse allocated funds to workers. 
Especially in ethnic minority areas, the army often deployed soldiers 
to guard persons engaged in forced labor; there continued to be reports 
that such soldiers often beat and occasionally killed workers (see 
Sections 1.a. and 1.c.).
    During the year, in Sagaing Division over 1,000 persons were herded 
into a ``volunteer labor camp'' and forced to work to build a railroad; 
at least 17 reportedly died from malaria. Authorities in Irrawaddy 
Division's Nga-Thaing-Chaung Township forced villagers to build an 
embankment or pay about $1.60 (500 kyat) per person, and detained for 
17 days a woman who protested, citing government statements that there 
was no forced labor in the country. In April authorities in Rangoon 
Division's Htan-Da-Bin Township ordered villagers to work on a road 
between Hle-Seik and Kyun Ngu villages; after some villages failed to 
appear, the authorities sent a letter to village ward leaders 
threatening to fine them if they failed to contribute labor the next 
day. In May authorities in Rangoon Division ordered villagers to work 
on a road from Insein to Nyaung Don or pay a fine of about $1 (300 
kyat) per household; police threatened residents with beatings or 
detention if they refused and arrested those who did not comply. In May 
authorities in Sagaing Division's Hsar-Lin-Gyi Township forces persons 
from 42 village tracts to work on the Taung-Yama dam near Mwe-Tone 
Village, or pay a fine of slightly more than $2 (700 kyat) per 
household. In June, authorities forced all villagers including children 
to build a 20-mile road between the towns of Myo Tha and Tada Oo; about 
1,000 persons worked on the road every day. In June authorities in 
Sagaing Division forced villagers to build a canal in the industrial 
zone in Monywa Township; every 10 households were required either to 
dig a hole 66 feet long, 15 feet wide, and 5 feet high, or to pay a 
fine of about $3 (800 to 1,000 kyat) per household; in March 
authorities forced villagers from the same area to build a drainage 
canal for the Chindwin Rivier. In a May report, the ILO's Director 
General described more than a dozen other reports of forced labor on 
infrastructure projects between August 1998 and May. In Irrawaddy 
Division, two villagers who failed to provide forcedlabor or pay fines 
were convicted and sentenced to 15 years' imprisonment under the 
provisions of the Villages Act.
    There continued to be reports that the Government used forced labor 
to construct infrastructure to support tourism. During the year, 
government officials used forced labor to build the approach road to 
the international airport being built near Mandalay; officials 
reportedly went door-to-door in villages outside Mandalay, ordering 
each household to contribute either about $1 (300 kyat) or one person's 
labor to the project, and most households contributed labor. Government 
officials also used forced labor to prepare the historic city of Mrauk-
Oo in Arakan State for expected tourist and VIP arrivals.
    Starting in late 1998 and continuing throughout the year, the 
Government began to use large amounts of forced labor on a project to 
double the amount of cultivated land in the country by developing 22 
million acres of wetlands and virgin lands. This involved the 
establishment of ``labor villages'' to help private entrepreneurs, 
including foreign investors, to develop wetlands. In December 1998, 
government authorities instructed each village tract from 8 townships 
in Sagaing Division to provide 2 villagers to work on 500 acres of land 
per township for a project to reclaim about 4,000 acres of virgin land; 
in addition, each household was required to give about $0.70 (200 kyat) 
each to the authorities to buy food for workers on the project. During 
the first half of the year, officials of the military's Northwest 
Command forced villagers in Sangaing Division's Yinmarbin Township to 
provide uncompensated labor or else pay more than $3 (1,000 kyat) per 
person to reclaim 2,000 acres of fallow land. Authorities in another 
township in Sagaing Division reportedly forced villagers to clear 1,000 
acres of land or pay a fine of more than $10 (3,500) kyat per 
household. Authorities in Irrawaddy Division ordered residents of a 
village both to clear over 100 acres of land as part of a wetlands 
reclamation project, and to pay for equipment needed to clear the land.
    Government authorities also forced both Buddhists and non-Buddhists 
to work to build, repair, or maintain Buddhist religious facilities. In 
Twantay Township in Rangoon Division, authorities forced villagers to 
guard the ancient Danoke Pagoda, which has been under renovation, and 
to gather wood, fetch water, and perform other tasks for soldiers 
involved in the project. Villagers were allowed to pay money to be 
exempted from pagoda guard duty. In Bogalay Township in Irrawaddy 
Division, authorities forced villagers to construct 32 miles of road 
between Pe-Chaung village and Kadone village, or else to hire 
substitutes, which cost about $15 to $30 (5,000 to 10,000 kyat) at 
market wages. The road was being built for the use of Buddhist pilgrims 
at the request of the Pe-Chaung monastery. In predominantly Islamic 
Maungdaw District in Arakan State, authorities required villagers to 
build a Buddhist pagoda in Dail Fara; residents of one village said 
they had to provide 10 laborers per week. Buddhist monks and army 
authorities reportedly forced Chin villagers, most of whom were not 
Buddhists, to labor for months without pay to repair a Buddhist pagoda 
that collapsed in Chin State's Falam Township in July (see Section 
2.c.).
    The army continued to force citizens--including women and 
children--to work as porters in military actions against ethnic 
insurgents. This practice continued to lead to mistreatment, illness 
and death (see Sections 1.a., 1.c., and 1.g.). Both the May report of 
the ILO'S Director General and reports during the year by NGO's 
including Amnesty International described dozens of reports of forced 
porterage.
    Parents routinely called upon their children to help fulfill their 
households' forced labor obligations, without opposition by the 
Government (see Section 6.d.).
    There were numerous, detailed and jointly credible reports that 
forced labor, including forced child labor, was used directly in 
growing and harvesting some crops, chiefly for army units. Widespread 
forced labor including forced child labor continued to contribute 
materially to the construction and maintenance not only of irrigation 
facilities important to the cultivation of some export crops including 
rice, but also of roads and some railroads important for the 
transportation of exports to ports. Forced labor, including forced 
child labor, has contributed materially to the construction of 
industrial parks subsequently used largely to produce manufactured 
exports including garments. There have been many credible reports that 
forced labor, including forced child labor, has been used widely since 
1998 to clear and drain virgin lands and wetlands for the cultivation 
of crops many of which, according to public descriptions of the 
Government's economic plans, are intended largely for export.
    There have been unconfirmed reports about the use of forced labor 
on past individual projects by both government and nongovernment 
actors.
    Trafficking in women and girls to neighboring countries for the 
purpose of forced prostitution remained a serious problem (see Sections 
5 and 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Although the law sets a minimum age of 13 for the 
employment of children, in practice the law is not enforced. Working 
children are highly visible in cities, mostly working for small or 
family enterprises, and in family agricultural activities in the 
countryside. Children working in the urban informal sector in Rangoon 
and Mandalay often start work at young ages. Children are hired at 
lower pay rates than adults for the same kind of work. In the urban 
informal sector, child workers are found mostly in food processing, 
selling, refuse collecting, light manufacturing, and as tea shop 
attendants. Despite a compulsory education law, almost 50 percent of 
children never enroll in school, and only 40 percent of them complete 
the 5-year primary school course (see Section 5).
    The law does not specifically prohibit forced and bonded labor by 
children; while bonded labor is not practiced, forced labor by children 
occurs. The military Government not only tolerates child labor, but 
also uses children as porters in infrastructure development and in 
providing other services to military forces (see Section 6.c.). 
Households tend to satisfy forced labor quotas by sending their least 
productive workers, and government authorities accepted such workers in 
satisfaction of those quotas. Many children often have been seen 
working on gangs building or repairing roads and irrigation facilities. 
In recent years, there have been growing numbers of reports that 
military units in various ethnic minority areas either forced children 
to perform logistical support services, such as fetching water, 
cleaning, cutting bamboo, or cultivating food crops, or allowed 
households or villages to use children to satisfy army orders to 
perform such services (see Sections 1.f. and 6.c.).
    e. Acceptable Conditions of Work.--Only government employees and 
employees of a few traditional industries were covered by minimum wage 
provisions. The minimum monthly wage for salaried public employees is 
$2.00 (600 kyats) for what was in effect a 6-hour workday. Various 
subsidies and allowances supplement this sum. Neither the minimum wage 
nor the higher wages earned even by senior government officials 
provides a worker and family with a decent standard of living. Low and 
falling real wages in the public sector have fostered widespread 
corruption. In the private sector, urban laborers earned about $0.70 
per day (200 kyat), while rural agricultural workers earn about half 
that rate. Some private sector workers earn substantially more; a 
skilled factory worker earns about $15 per day (4,500 kyat).
    Surplus labor conditions, a dismal economy, and lack of protection 
by the Government continues to dictate substandard conditions for 
workers. The 1964 Law on Fundamental Workers Rights and the 1951 
Factories Act regulate working conditions. There is a legally 
prescribed 5-day, 35-hour workweek for employees in the public sector 
and a 6-day and a 44-hour workweek for private and state enterprise 
employees, with overtime paid for additional work. The law also allows 
for a 24-hour rest period per week, and workers have 21 paid holidays 
per year. However, in practice such provisions benefitted only a small 
portion of the country's labor force, since most of the labor force was 
engaged in rural agriculture.
    Numerous health and safety regulations exist, but in practice the 
Government has not made the necessary resources available to enforce 
the regulations. Although workers may in principle remove themselves 
from hazardous conditions, in practice many workers cannot expect to 
retain their jobs if they do so.
    f. Trafficking in Persons.--No law was known specifically to 
prohibit trafficking in persons; however, there were laws, including 
laws against abduction, that prohibited some aspects of trafficking.
    Trafficking in women and children is a severe problem. Burma is a 
source country for thousands of women and young girls who are 
trafficked into the commercial sex industries of neighboring countries. 
There are reliable reports that many women and children in border 
areas, where the Government's control is limited, were forced or lured 
into working as prostitutes in Thailand and China. It is unknown how 
many young women have been induced or coerced into working as 
prostitutes, but a common practice is to lure young women to Thailand 
with promises of employment as a waitress or domestic servant.
    Government efforts to stop trafficking in young women are limited 
and relatively ineffective. In recent years the Government has made it 
difficult for women to obtain passports or marry foreigners in order to 
reduce the outflow of women both as victims of trafficking and for 
other reasons (see Sections 1.f. and 2.d.). However, most citizens who 
were forced or lured into prostitution crossed the border into Thailand 
without passports. It is illegal to leave Burma without government 
authorization.
    Child prostitution of girls, especially from the Shan ethnic 
minority sent or lured to Thailand, continued to be a major problem.
                                 ______
                                 

                                CAMBODIA

    Cambodia is a constitutional monarchy. Political stability, 
achieved through the coalition Government formed following the 1998 
national elections, continued through year's end. Hun Sen of the 
Cambodian People's Party (CPP) is Prime Minister, Prince Norodom 
Ranariddh of the National United Front for a Neutral, Peaceful, 
Cooperative, and Independent Cambodia (FUNCINPEC) is President of the 
National Assembly, and Chea Sim of the CPP was president of the Senate, 
which was created in March. The 1998 electoral campaign and its 
aftermath were marred by protests, voter intimidation, and partisan 
violence, some of it government-directed. Despite these events, the 
formation of the new Government reflected the will of the electorate. 
King Norodom Sihanouk remains the constitutional monarch and Head of 
State. Most power lies within the executive branch and, although its 
influence grew within the new coalition structure, the National 
Assembly does not provide a significant check to executive power. For 
the first time in 30 years, the Khmer Rouge was not a political or 
military threat. The judiciary is not independent; it frequently is 
subject to legislative and executive influence, and suffers from 
corruption.
    The National Police, an agency of the Ministry of Interior, have 
primary responsibility for internal security, but the Royal Cambodian 
Armed Forces (RCAF), including the military police, also have domestic 
security responsibilities. Government efforts to improve police and 
RCAF performance no longer were hampered significantly by political 
factionalism within the forces but remained hampered by budgetary 
limitations. Members of the security forces committed numerous 
documented human rights abuses.
    Cambodia is an impoverished country. It has a market economy in 
which approximately 80 percent of the population of 11.4 million engage 
in subsistence farming, with rice as the principal crop. Economic 
deprivation and poor health characterize life for most citizens. Annual 
per capita gross domestic product is approximately $300. Average life 
expectancy is only 50 years. Foreign aid is an important component of 
national income. The stagnant economy of previous years began to 
improve following the formation of the coalition Government in late 
1998, and business activity and tourism increased significantly during 
the year.
    There continued to be serious problems in the Government's human 
rights record; however, there were marked improvements in several 
areas. The military forces and police were responsible for dozens of 
extrajudicial killings, and impunity remains a problem since the 
Government rarely prosecuted the perpetrators of such killings. 
However, unlike the previous year, there were no reports of politically 
motivated killings. There were credible reports that members of the 
security forces tortured, beat, and otherwise abused persons in 
custody, often to extract confessions. Prison conditions remained 
harsh, and the Government continued to use arbitrary arrest and 
prolonged pretrial detention.
    In August the Government repealed civil service legislation that 
previously made it difficult to arrest and prosecute members of the 
police and security forces for criminal activity. Courts began to 
prosecute some members of the security forces for human rights abuses; 
however, immunity for those who committed human rights abuses remains a 
problem. The Government, and local government officials, generally 
continued to lack the political will and financial resources to act 
effectively against security force officials suspected of being 
responsible for human rights abuses. Democratic institutions, 
especially the judiciary, remain weak. The judiciary is subject to 
influence by the executive branch and is marred by inefficiency, a lack 
of training, a shortage of resources, and widespread corruption related 
to low wages. Politically related crimes rarely were prosecuted, and 
citizens without defense counsel often effectively were denied the 
right to a fair trial. The Government's respect for freedom of the 
press, assembly, and association improved, and the Government generally 
respected these rights.
    Societal discrimination against women is a problem. Domestic 
violence against women and abuse of children are common. Discrimination 
against the disabled is a problem. The ethnic Vietnamese minority 
continued to face widespread discrimination by the Khmer majority, and 
this enmity was exploited by the political opposition. Labor conditions 
generally improved. The Government took steps to ease the creation and 
registration of trade unions; however, the Government does not enforce 
effectively legal provisions on wages, overtime labor, rest time, and 
protection of workers' rights to organize. Trafficking in women and 
girls for the purpose of forced prostitution is a serious problem.
    Mob violence, not ethnically directed, resulted in some killings. 
Land mines killed or wounded over 800 persons.
    The mass Khmer Rouge defections that began in 1996 and ended in 
late 1998 with the surrender of senior Khmer Rouge leaders Nuon Chea 
and Khieu Samphan resulted in complete cessation of the guerrilla 
insurgency against the Government. In March Ta Mok, the sole remaining 
Khmer Rouge leader at large following the mass defections, was arrested 
at the Thai border. Efforts to bring Ta Mok and senior Khmer Rouge 
leaders to justice for crimes committed from 1975 through 1979 remained 
underway.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Unlike previous 
years, there were no reports of politically motivated killings by the 
government forces; however, the military forces and police committed 
dozens of extrajudicial killings. The United Nations Center for Human 
Rights (UNCHR) documented many such nonpolitical killings.
    On February 2, Cheng Srey, a 19-year-old woman working in a Phnom 
Penh karaoke bar was killed following a dispute with a customer. 
According to witnesses, Cheng Srey had refused a proposition made by 
the customer, who then shot the victim in the forehead. Witnesses 
identified a police officer as the assailant, but he escaped without 
being apprehended. A warrant for his arrest was issued in July.
    On October 13, Bith Poeun was arrested in Phnom Penh following a 
series of robberies. After interrogation and a search of the residence 
in which he and his accomplices lived, the local police retrieved 
stolen merchandise and brought it outside the house. They thereafter 
released Bith Poeun in front of the house, where an angry crowd had 
gathered. The crowd kicked and beat Bith Poeun severely as the police 
watched; he was shot and killed by police when he attempted to flee. 
The Government took no action against the police.
    On March 26, opposition party member Chhum Doeun was killed in 
Kandal province during a nighttime burglary at his home by several 
persons, including a local village chief who had long been involved in 
a dispute with the victim. Chhum Doeun was shot at least 11 times; the 
gunmen then took jewelry and money belonging to the victim's wife and 
relatives. The UNCHR determined that Chhum Doeun's death was attributed 
to personal, not political, factors.
    Two prisoners from the Sihanoukville prison, Chen Vibol and Nguyen 
Yang Yong, were killed by prison officials on June 17 after an 
unsuccessful escape attempt by over 30 prisoners. Chen Vibol and Nguyen 
Yang Yong were among the first prisoners recaptured after the escape 
attempt and were returned to the prison. Chen Vibol was taken to the 
prison director's office and Nguyen Yang Yong was brought to the prison 
yard. Shortly thereafter, they were executed by prison guards. The 
Government took no action against the prison guards.
    Early in the year, there were a number of apparently racially 
motivated grenade attacks in which 1 person was killed and 
approximately 30 were injured (see Section 5). There also were killings 
that may have been ethnically motivated (see Section 5).
    In some cases, police or military forces acquiesced in or 
encouraged mob violence against suspected criminals, which resulted in 
killings. The Government did not arrest the vigilantes for committing 
such killings. The Government also has not prosecuted most of those 
responsible for the numerous political or extrajudicial killings 
committed during the term of the previous government and reported by 
the UNCHR in 1997 and 1998. Through year's end, 1,005 civilians and 
military personnel were killed or wounded by land mines deployed by the 
Khmer Rouge or various government forces during previous conflicts. The 
number of such casualties declined by approximately 40 percent from 
1998.
    In March Ta Mok, the sole remaining Khmer Rouge leader at large, 
was arrested at the Thai border. Efforts continued to bring Ta Mok and 
other senior Khmer Rouge officials to justice for mass killings and 
other crimes committed from 1975 through 1979 (see Section 1.e.). The 
Government thereafter charged Ta Mok with illegal membership in the 
Khmer Rouge and genocide.
    In April the Government arrested Kiang Kek Iev (``Duch''), the 
former director of the Khmer Rouge prison Tuol Sleng. In May he was 
charged with murder.
    In June Nuon Paet, a former Khmer Rouge commander, was sentenced to 
life imprisonment for his role in the 1994 train ambush in Kampot 
province that resulted in the deaths of 3 foreigners and at least 13 
citizens. Later, charges were brought against Sam Bith and Chouk Rin, 
former Khmer Rouge commanders who are officers in the RCAF and who 
allegedly were involved in the ambush as well. By year's end, however, 
neither Bith nor Chouk had been arrested.
    b. Disappearance.--Unlike previous years, there were no reports of 
politically motivated disappearances. One local human rights 
nongovernmental organization (NGO) reported that the whereabouts of 
four persons were unknown following their arrests during the year by 
local police or security officials for various crimes, including 
robbery and theft. By year's end, all remained missing, and NGO efforts 
to establish their whereabouts continued.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture and physical abuse of 
prisoners; however, torture, beatings, and other forms of physical 
mistreatment of persons held in police or military custody continued to 
be a serious problem. The problem is compounded further by government 
impunity, whereby perpetrators of torture and abuse frequently are 
protected from prosecution or disciplinary action by local government 
authorities, despite some central government efforts to curtail or 
eliminate violations of prisoners' rights and to address problems of 
accountability.
    There were credible reports that military and police officials used 
physical and psychological torture and severely beat criminal 
detainees, particularly during interrogation. According to the UNCHR, 
the Serious Crimes Department of the municipal police in Phnom Penh 
beat or tortured persons routinely, but less frequently than during the 
previous year. Dozens of detainees interviewed in Siem Reap, 
Sihanoukville, and Banteay Meanchey provinces reported beatings in 
police custody. One domestic human rights NGO received 8 formal 
complaints of torture and recorded 94 other cases of new physical 
assaults through October. At the youth rehabilitation center in Phnom 
Penh, 13 of 48 detainees interviewed claimed torture or mistreatment by 
police.
    Following intervention by the UNCHR in May, the Government 
instructed police throughout the country to cease any activity that 
might violate the law or the rights of citizens and informed them that 
any violations would be punished. The National Police thereafter 
investigated and provided detailed accounts of 32 instances of torture 
in Battambang province that had been reported by the UNCHR in 1997. It 
is not known whether anyone was prosecuted, nor whether there were 
further investigations of 1998 abuses. After intervention by human 
rights organizations, the situation involving torture by local police 
in Koh Kong province improved during the year.
    There were credible reports that police harassed members of 
opposition parties (see Section 1.f.). There were also reports that 
police took the proof of citizenship of persons of Vietnamese 
ethnicity.
    In April the Government arrested the former head of a Khmer Rouge 
prison and torture center (see Section 1.a.).
    Prison conditions remained harsh, and government efforts to improve 
prison conditions and implement new regulations were hampered by lack 
of funds and weak enforcement. However, conditions improved due to 
construction and renovation of some prison buildings, the timely 
disbursement of monthly government allocations for food and operating 
costs, and the adoption of new prison regulations that require the 
application of international standards of detention. Human rights 
organizations cited a number of serious problems, including 
overcrowding, health problems, food and water shortages, malnutrition, 
and poor security. Use of shackles and the practice of holding 
prisoners in small, dark cells continued in some prisons after escape 
attempts. Government ration allowances for purchasing prisoners' food 
remain inadequate, exacerbating their malnutrition.
    The Government continued to allow domestic human rights groups to 
visit prisons and prisoners and to provide human rights training to 
prison guards. However, NGO's reported occasional limited cooperation 
from provincial authorities (see Section 4).
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention; however, the Government 
continued to arrest and detain citizens arbitrarily. A penal code 
drafted by the U.N. Transitional Authority for Cambodia in 1992 remains 
in effect, as does a 1993 criminal procedure law. The criminal 
procedure law in principle provides for adequate protection for 
criminal suspects; however, in practice the Government sometimes 
ignored these provisions during the year. One human rights NGO recorded 
17 complaints of unlawful detention and arrest by police, military, or 
local government authorities through October.
    Although lengthy detention without charge is illegal, suspects 
often are held by authorities for long periods before being charged or 
brought to trial or released. According to the UNCHR, such prolonged 
detention largely is a result of a growing prison population and the 
limited capacity of the court system. Accused persons legally are 
entitled to a lawyer, although in practice they often have limited 
access to legal representation. Prisoners are held routinely for 
several days before gaining access to a lawyer or family members. 
Although there is a bail system, many prisoners, particularly those 
without legal representation, often have no opportunity to seek release 
on bail. The introduction in 1998 into the legal system of newly 
trained lawyers, who frequently received supplemental training by 
NGO's, resulted in significant improvements during the year for those 
defendants who were provided with counsel, including a reduction in 
pretrial detention period and improved access to bail.
    In August the Parliament amended the law to extend the maximum 
period of pretrial detention to 3 years for alleged Khmer Rouge war 
crimes in order to permit the continued detention of Ta Mok and 
``Duch'' until a Khmer Rouge tribunal is formed.
    The Government does not use forced exile, and no persons were in 
self-imposed exile during the year.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the Government does not respect this 
provision in practice. The courts are subject to influence by the 
executive, and there is widespread corruption among judges, virtually 
none of whom receives a living wage.
    The court system consists of lower courts, an appeals court, and a 
Supreme Court. The Constitution also mandates a Constitutional Council, 
which is empowered to review the constitutionality of laws, and a 
Supreme Council of Magistracy, which appoints and disciplines judges. 
The composition of both of these bodies is viewed widely as favorable 
to the Cambodian People's Party, resulting in complaints by other 
political parties of its institutional dominance. There is a separate 
military court system.
    Trials are public. Defendants have the right to be present and to 
consult with an attorney, to confront and question witnesses against 
them, and to present witnesses and evidence on their own behalf. 
However, trials are typically perfunctory, and extensive cross-
examination usually does not take place. The serious shortage of 
attorneys--especially outside of Phnom Penh--remains a significant 
impediment to broader implementation of the right to counsel in 
practice. Persons without the means to secure defense counsel often 
effectively are denied the right to a fair trial.
    Defendants also are entitled by law to the presumption of innocence 
and the right of appeal. However, because of excessive corruption, 
defendants often are expected to bribe the judge for a favorable 
verdict, therefore effectively being denied the presumption of 
innocence. Citizens' rights to appeal sometimes are limited by the 
logistic difficulties in transferring prisoners from provincial prisons 
to the appeals court. Many appeals thus are heard in the absence of the 
defendant.
    A serious lack of resources and poor training contribute to 
corruption and inefficiency in the judicial branch and in practice the 
Government does not ensure due process. For example, judges often have 
no legal training and lack copies ofthe laws on which they are expected 
to rule. As a result of these weaknesses, citizens often effectively 
were denied a fair trial.
    The courts often pressure victims of crimes to accept small cash 
settlements from the accused instead of seeking prosecution of the 
guilty. When a case does make its way to court, the verdict sometimes 
is determined by a judge before the case is heard, often on the basis 
of a bribe paid by the accuser or the defendant. Sworn, written 
statements from witnesses and the accused usually are the extent of 
evidence presented in trials. Such statements by the accused sometimes 
result from beatings or threats by investigation officials, and 
illiterate defendants often are not informed of the content of written 
confessions that they are forced to sign. In cases involving military 
personnel, military officers often exert pressure on judges to have the 
defendant released without a trial or other due process.
    In August the National Assembly and Senate amended Article 51 of 
the Common Statute on Civil Servants that previously had made it 
difficult to arrest and prosecute members of the police and security 
forces for criminal activity. Subsequently, the courts began to 
prosecute some members of the security forces for human rights abuses, 
but immunity for those who commit human rights abuses remains a 
problem. The Government and local government officials generally 
continued to lack the political will and financial resources to act 
effectively against security force officials suspected of being 
responsible for human rights abuses.
    In November the Government formed a legal committee headed by the 
Minister of Justice to investigate court corruption. In December the 
Ministry of Justice suspended two senior municipal court officials for 
corruption and detained and rearrested several criminals or suspects 
who had been released previously by them. Although several of those 
rearrested admitted that they had bribed the court to secure their 
release, some criticized the Government's actions as procedurally 
invalid.
    There is ongoing cooperation between the Government, many foreign 
donors, and NGO's to improve the legal system. Assistance programs had 
been suspended after violence in July 1997.
    In an avowed action to remove official impunity for crimes 
committed by government authorities, the Government in August amended 
the 1994 law on civil servants to remove the requirement that the 
courts seek advance government permission to prosecute a member of the 
civil service, which includes the police. Cited as a positive step by 
the UNCHR, this reform removed the legal bar to prosecutions of civil 
servants, and some successful prosecutions of police and security 
officials began in August. Nonetheless, court delays or corrupt 
practices often allow those accused of crimes to flee or otherwise 
escape prosecution, effectively leading to effective impunity for some 
government officials who commit crimes.
    In March Ta Mok, the one remaining senior Khmer Rouge leader still 
at large was arrested and remains in prison pending trial. In April the 
Government arrested Duch, the director of the former Khmer Rouge prison 
Tuol Sleng; he also remains in prison pending trial. During the year, 
following an initiative by the U.N. Secretary General and agreement by 
the Government to permit the participation of foreign judges and 
prosecutors in the domestic legal system, the Government drafted new 
legislation to create a legal and judicial framework to bring these and 
other Khmer Rouge leaders to justice. In September it sought expert 
legal advice from the international community to develop a plan to seek 
credible justice and accountability for crimes committed during the 
Khmer Rouge regime in a fashion consistent with the Constitution and 
international standards of justice. However, despite continued 
diplomatic efforts, the Government and the U.N. had not reached 
agreement over a framework for a tribunal by year's end. In August the 
Parliament amended the law to extend the maximum period of pretrial 
detention to 3 years for alleged Khmer Rouge war crimes in order to 
permit the continued detention of Ta Mok and ``Duch'' until a Khmer 
Rouge tribunal is formed.
    Two employees of the human rights NGO LICADHO, arrested in 1998 
following violent demonstrations against a toxic waste dump in 
Sihanoukville, were tried in July. At the end of a 3-day trial, all 
charges against the two human rights workers and eight other defendants 
were dismissed for lack of evidence. Despite some procedural 
irregularities, most observers found the trial to be generally fair, 
with active participation by defense counsel (see Section 4).
    In September the UNCHR received reports that Prey Veng provincial 
authorities had granted immunity from prosecution to 15 persons who had 
confessed to crimes that included murder and robbery. In October Prey 
Veng authorities granted further extraconstitutional amnesties from 
prosecution to a group of brothel owners. Many suspected that bribery 
played a decisive role in these cases.
    The military court system suffers from deficiencies similar to 
those of the civilian court system. Moreover, the legal distinction 
between the military and civil courts often is ignored in practice; 
several persons arrested for crimes that appear to have no connection 
with military offenses have been detained for trial by the military 
court.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution contains provisions protecting the 
privacy of residence and correspondence and includes a provision 
against illegal search; however, the police routinely conducted 
warrantless searches and seizures. There were no reports that the 
Government monitored private electronic communications.
    Citizens generally were free to live where they wished; however, 
there were continued reports of land disputes between residents, local 
authorities, and business persons. Since the forced collectivization 
during Khmer Rouge rule and the return of thousands of refugees, land 
ownership is often unclear, and adequate land titles do not exist. 
Moreover, with the end of the Khmer Rouge insurgency, the rush to gain 
possession of former Khmer Rouge lands on or near potentially lucrative 
cross-border trade routes has exacerbated the land ownership problem 
caused by lack of documentation.
    In response to the prevalence of land disputes, several provinces 
created land dispute settlement committees chaired by one of the deputy 
provincial governors; these committees resolved several disputes, 
although sometimes they encountered difficulty in resolving disputes 
that involved military officials. The Government is drafting a land law 
with the help of international organizations and NGO's.
    In June and July, almost 300 families were removed from land on 
which they had resided in Banteay Meanchey province amid claims by 
local military officials and business persons that they were squatters 
illegally occupying land owned by the Government or other persons. 
Although some accepted compensation packages through mediation by 
provincial officials, others claim that they lost the land unjustly and 
mounted protests at the National Assembly in Phnom Penh to deter use of 
the land for business and commercial activity or new infrastructure 
developments to be constructed in the area.
    In August 500 families were removed from their homes in the former 
military resistance stronghold of O'Smach in Oddar Meanchey province. 
In most cases, the families had occupied the area since they returned 
from refugee camps in Thailand earlier in the year and were relocated 
to a newly demined residential building site 1.2 miles away (see 
Section 2.d.). The Government claimed that a new market and commercial 
area would be developed on the cleared land, which is at the Thai-
Cambodian border; the Government and Thai companies building the 
complex paid compensation and distributed roofing materials to the 
displaced families, but many complained that the compensation was 
inadequate.
    In November approximately 600 residents of a floating village on 
the Bassac River in Phnom Penh were evicted by municipal authorities as 
illegal Vietnamese immigrants and forced to float down river toward 
Vietnam. Although most lacked identity documents, some residents 
claimed that they were Cambodian citizens of Vietnamese ethnicity and 
that proof of their citizenship was confiscated by police officials in 
the days prior to their eviction. The Government claimed that police 
investigated their residency status and displaced only those without 
legitimate documents (see Section 5).
    The Government does not coerce or forbid membership in political 
organizations systematically; however, there were several credible 
cases in which members of the opposition Sam Rainsy party (SRP) 
complained of being harassed by police or other local officials. In 
other cases, including the arrest of two persons with ties to the SRP 
for their roles in the 1998 rocketattack against the Prime Minister's 
motorcade and the kidnaping for ransom of a SRP parliamentarian, 
opposition claims of government-sponsored political harassment could 
not be verified by the UNCHR.
    Unlike the previous year, there were no reports that military 
officers forcibly conscripted adults and children.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression, press, and publication, and the Government 
generally respects this right in practice, unlike the previous year 
when it sometimes limited press freedom. However, the Constitution 
implicitly limits free speech by requiring that speech not adversely 
affect public security. The Constitution also declares that the King is 
``inviolable.'' The Press Law provides journalists with a number of 
rights, including a prohibition on prepublication censorship and 
protection from imprisonment for expressing opinion. However, the Press 
Law also includes a vaguely worded prohibition on publishing articles 
that affect national security and political stability. Unlike the 
previous year, there were no reports that journalists practiced self-
censorship. The number of news items critical of the Government was 
high and included frequent vituperative personalized criticism of the 
Prime Minister and president of the National Assembly.
    Although limited in circulation, newspapers are a primary source of 
news and expression of political opinion. All major political parties 
have reasonable and regular access to the print media. The press 
remained somewhat partisan but, unlike the past year, the only major 
newspapers receiving substantial financial support from a political 
party were a few opposition newspapers. As a result, the number of 
Khmer-language newspapers declined. There are approximately 16 Khmer-
language newspapers published regularly. Of these, 11 are considered to 
be progovernment journals, 4 are considered to support the opposition 
Sam Rainsy Party, and one is considered to be antimonarchy. In addition 
there is one French-language daily, one English-language daily, and two 
other English newspapers published regularly. Many of the Khmer-
language newspapers frequently publish articles translated from the 
English-language newspapers.
    Most newspapers criticize the Government frequently, and Prime 
Minister Hun Sen and National Assembly President Prince Ranariddh 
frequently came under strong attack by opposition newspapers. Unlike 
the previous year, there were no instances of government intimidation 
or retribution against newspapers for reporting critical of the 
Government.
    In September the Ministry of Information suspended an antimonarchy 
newspaper, Republic News, for 30 days due to publication of an article 
critical of King Sihanouk. In at least three other instances, the 
Ministry of Information sent warning letters to other newspapers for 
publishing articles critical of the King, citing the constitutional 
prohibition against such acts.
    The Government, the military forces, and political parties 
continued to dominate the broadcast media. The government-sponsored 
television network inaugurated live coverage of National Assembly 
sessions at the initiative of Prince Ranariddh, the National Assembly 
President. According to a report by the U.N. Center for Human Rights 
(UNCHR), the procedures for licensing and allocation of radio and 
television frequencies to the media were not impartial.
    In March the Government authorized the opposition Sambok Khmum 
(beehive) radio station to resume broadcasting. In August the FUNCINPEC 
Party was permitted to resume control of its radio station which had 
been confiscated in 1997. National radio and television stations 
regularly broadcast some human rights, social action, public health, 
and civil society programming produced by domestic NGO's.
    The Government respects academic freedom. In January students 
protested the lack of available jobs. In February university students 
demonstrated peacefully to protest low budget allocations for education 
and to support teachers' demands for higher salaries; the Government 
subsequently agreed to modest increases in teacher salaries. In 
December students again mounted a public demonstration over dormitory 
issues.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly and, unlike the previous 
year, the Government generally respected this right in practice. 
Numerous groups assembled peacefully, including workers protesting 
labor conditions, political opposition activists supporting a tribunal 
for Khmer Rouge leaders or other issues, students protesting lower 
budget allocations and dormitory problems, teachers rallying to demand 
higher wages, and other groups protesting land seizures or border 
encroachments, all without incident.
    The Government requires a permit to be obtained in advance of a 
march or demonstration. The Government often did not issue a requested 
permit, or took no action on a permit application, but these actions 
did not have any practical effect since the assemblies were held 
anyway. Unlike the previous year, there were no incidents in which 
security forces disrupted or ended marches or demonstrations.
    The Constitution provides for freedom of association, and unlike 
the previous years, the Government generally respected this right in 
practice. There were no reports of interference with political party 
offices. The Government proposed a revised draft NGO law that 
eliminated many provisions previously opposed by the NGO community but 
retained some registration and reporting requirements for domestic 
NGO's and associations; by year's end, the National Assembly had not 
debated or acted on the new draft law.
    Membership in the Khmer Rouge, which previously conducted an armed 
insurgency against the Government, is illegal.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice. The 
Constitution also prohibits discrimination based on religion, and 
minority religions experience little or no official discrimination. 
Buddhism is the state religion and over 95 percent of the population is 
Buddhist. Most of the remainder is made up of ethnic Cham Muslims, who 
generally are well integrated into society.
    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Government does not restrict 
domestic or international travel, although the presence of land mines 
and bandits makes travel in some areas of the country dangerous.
    Monks can move internally without restriction.
    All Cambodian refugees remaining in temporary refugee camps in 
Thailand returned to the country following the formation of the 
coalition Government in late 1998; over 37,000 refugees returned either 
spontaneously or through the U.N. High Commissioner for Refugees' 
(UNHCR's) voluntary repatriation program during the first 4 months of 
the year. All refugee camps at the Thai border subsequently were 
closed.
    There were no reports of refugees being forced by Thai authorities 
to return to Cambodia involuntarily, according to the UNHCR, nor were 
there any reports of persecution or discrimination against those who 
returned from any country. Internally displaced persons also were 
allowed to resettle in other areas of the country.
    The Government allows noncitizens to apply to the UNHCR for refugee 
status. The Government cooperated with the UNHCR and other humanitarian 
organizations to prepare for and assist in the repatriation of the 
returning refugees from Thailand. The Government has not formulated a 
policy regarding asylees or first asylum, and it did not provide asylum 
during the year.
    There were no reports that the Government forced persons to return 
to a country where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and most citizens exercised this right by 
participating in the 1998 national elections. In July 1998, in the 
first national elections since 1993, the CPP won a plurality of votes. 
The electoral campaign and its aftermath were marred by protests, voter 
intimidation, and partisan violence, some of it government-directed. 
Despite suchincidents, the formation of the new Government reflected 
the will of the electorate. Most international and domestic observer 
groups certified the election as acceptable.
    The coalition Government formed in late 1998 between the Cambodian 
People's Party and FUNCINPEC, the two parties that won the largest 
number of votes and National Assembly seats in the 1998 election, 
achieved renewed political stability. The coalition agreement provided 
for roughly equal power sharing between the parties, with Hun Sen of 
the CPP as Prime Minister and Prince Ranariddh of FUNCINPEC as 
President of the National Assembly. The coalition agreement also 
provided for the creation of a Senate, which was formed in March with 
Chea Sim of the CPP as President. The Senate's function is to review 
and provide advice on the laws passed by the National Assembly; the 
National Assembly retains final authority over whether to modify 
legislation based upon the Senate's recommendations.
    Although growing in influence, the legislature remained weak in 
comparison with the executive branch. The coalition Government 
appointed the provincial governors and their deputies, who generally 
are divided between the CPP and FUNCINPEC parties, as well as district 
officials. Commune level officials were appointed by the previous 
government; most of these officials are appointees from the previous 
regimes, the People's Republic of Kampuchea and the State of Cambodia. 
Elections for new commune councils were not held in 1999 as planned, 
and are scheduled for late 2000. The National Assembly has not yet 
enacted the communal election law or commune administration law.
    Although traditional cultural practices inhibit the role of women 
in government, women took an active part in the 1998 national election 
and participate actively in the coalition Government. There are 10 
women among the 122 members of the National Assembly, 8 women among the 
61 members of the Senate, and 2 ministers and 4 state secretaries in 
the Cabinet, which includes a Ministry of Women's and Veterans Affairs. 
There are several members of ethnic and religious minorities in the 
Cabinet and the National Assembly (see Section 5).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The large domestic and international human rights community 
remained active and engaged in diverse activities. Numerous human 
rights organizations and the UNCHR conducted monitoring activities and 
human rights training for provincial officials, military officers, 
villagers, the legal community, and other groups. These organizations 
operated relatively freely throughout the country. There are 
approximately 40 NGO's involved in human rights activities, but only a 
small portion were involved actively in organizing training programs or 
investigating abuses. The Government generally cooperated with human 
rights workers in performing their investigations, but some domestic 
NGO's reported occasional limited cooperation from some provincial 
authorities in conducting inspections of prison conditions.
    In July two human rights workers from the NGO LICADHO who were 
arrested in 1998 following violent demonstrations against a toxic waste 
dump in Sihanoukville were acquitted in a trial that most observers 
found to be credible (see Section 1.e.). Although some NGO's expressed 
concern that the arrest of these workers would have a negative effect 
on human rights work, no similar arrests were reported during the year.
    In September the Government and the UNCHR agreed to an extension 
until March 2002 of the UNHCR's activities in the country, although the 
formal memorandum of understanding was not signed by year's end. The 
UNCHR maintains a head office in Phnom Penh and has six provincial 
offices. The U.N. Special Representative for Human Rights met with 
government representatives at all levels, as well as with 
representatives of political parties and NGO's.
    By year's end, the government-established Cambodian Human Rights 
Committee had published the results of only a few of its investigations 
of the human rights abuses that had been reported by the UNCHR in 
previous years. The Committee, which was established in June 1998, also 
is charged with improving the administration of justice and drafting a 
law to establish an independent permanent national human rights 
commission. By year's end, the commission had not been established.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on race, color, 
sex, language, religious beliefs, or political views. Although the 
Government does not engage in discrimination systematically, it 
sometimes fails to protect these rights in practice.
    Women.--Domestic and international NGO workers report that violence 
against women, including rape and domestic violence, is common. 
Although there were reports of rape and domestic abuse, accurate 
statistics are not available. Authorities normally decline to become 
involved in domestic disputes, and the victims frequently are reluctant 
to complain.
    Prostitution and trafficking in women are serious problems (see 
Section 6.f.). Due in part to budgetary limitations, the Government has 
not enforced effectively a 1996 law against prostitution and 
trafficking in women. Despite sporadic government crackdowns during the 
year on brothel operators in Phnom Penh, the prostitution trade 
continues to flourish. A survey by a local human rights NGO found that 
three-fourths of women and girls who work as prostitutes do so 
voluntarily, while one-fourth have been forced to work as prostitutes 
or have been deceived into prostitution.
    According to NGO reports, women comprise 52 percent of the 
population, 60 percent of agricultural workers, 85 percent of the 
business work force, 70 percent of the industrial work force, and 60 
percent of all service sector workers. Women often are concentrated in 
low-paying jobs in these sectors and largely are excluded from 
management positions.
    The Constitution contains explicit language providing for equal 
rights for women, equal pay for equal work, and equal status in 
marriage. In practice women have equal property rights with men, have 
the same status in bringing divorce proceedings, and have equal access 
to education and some jobs. However, cultural traditions continue to 
limit the ability of women to reach senior positions in business and 
other areas. There are a large number of women's NGO's that train poor 
women and widows and address social problems such as spousal abuse, 
prostitution, and trafficking. An active Women's Media Center NGO 
produces and broadcasts programming on women's issues.
    Children.--The Constitution provides for children's rights, and 
ensuring the welfare of children is a specific goal in the Government's 
political program. The Government relies on international aid to fund 
most social welfare programs targeted at children, resulting in only a 
modest flow of funds to ameliorate problems that affect children. 
Children frequently suffer from the inadequacy of the health care 
system. Infant mortality is reported at 89.4 per thousand, and 12 
percent of children do not live to the age of 5 years. Child mortality 
from preventable diseases is high.
    Children also are affected adversely by an inadequate educational 
system. Despite an extensive government school construction program, 
schools are overcrowded and short of equipment. Less than 5 percent of 
primary school teachers have completed high school. The Government does 
not deny girls equal access to education but in practice families with 
limited resources often give priority to educating boys.
    Child abuse is believed to be common, although there are no 
statistics available on the extent of the problem. Poverty and domestic 
violence often drive children onto the streets; domestic NGO's estimate 
there are more than 10,000 street children in Phnom Penh alone, who are 
easy targets for sexual abuse and exploitation.
    Although sexual intercourse with a minor under the age of 15 is 
illegal, child prostitution and trafficking in children were common 
(see Section 6.f.). In July the Government adopted a 5-year plan 
against child sexual exploitation that emphasizes prevention through 
information and protection through law enforcement.
    In November in a demonstration organized by domestic and foreign 
NGO's marking the anniversary of the signing of the Convention on the 
Rights of the Child, 300 child marchers between the ages of 10 and 18 
marched peacefully through Phnom Penh to demand that the Government 
take further steps to protect their rights.
    People with Disabilities.--The Government does not require that 
buildings or government services be accessible to the disabled. 
According to the Government, approximately 1 in 250 citizens is missing 
at least one limb. This statistic reflects the continuing effects of 
land mine detonations. Programs administered by various NGO's have 
brought about substantial improvements in the treatment and 
rehabilitation of amputees. However, amputees face considerable 
societal discrimination, particularly in obtaining skilled employment.
    Religious Minorities.--Muslims are the largest religious minority 
and experience little or no discrimination in practice; however, 
occasional tensions have been reported among the various branches of 
Islam, which receive monetary support from groups in Saudi Arabia, 
Kuwait, Malaysia, or Indonesia depending on the tenets of the 
particular branch.
    The small Christian community has not experienced serious or 
systematic discrimination; however, occasional tensions have been 
reported when Christian evangelists have attempted to remove Buddhist 
images or religious items in private homes. Christian missionary groups 
have not encountered significant difficulties in performing their work.
    National/Racial/Ethnic Minorities.--Citizens of Vietnamese and 
Chinese ethnicity have long constituted the largest ethnic minorities. 
Ethnic Chinese citizens are well accepted in society. However, fear and 
animosity continue among many Khmer citizens toward ethnic Vietnamese, 
who are seen as a threat to the Cambodian nation and culture. The 
rights of minorities under the 1996 Nationality Law are not explicit; 
constitutional protections are extended only to ``Khmer people,'' that 
is, Cambodians.
    In July in Ratankiri province, a group of armed bandits killed and 
injured several persons from five remote hill tribe villages. A total 
of 14 persons were killed, including 13 ethnic Jarai villagers and 1 
ethnic Vietnamese. The motive of the killers remains unclear, but it 
appears that the villages in which the victims lived were targeted 
specifically.
    Unlike 1998 there were no reports of ethnic violence supported by 
opposition politicians during which ethnic Vietnamese citizens or 
residents were killed, despite continued anti-Vietnamese statements by 
the political opposition.
    In at least five separate attacks during February and March, hand 
grenades were thrown into cafes and residences owned by ethnic 
Vietnamese in one Phnom Penh district, killing one person and injuring 
approximately 30 others. Although the motive for the attacks was not 
established, a number of the victims believe that they were racially 
motivated.
    In October approximately 600 residents of a floating village on the 
Bassac River in Phnom Penh were evicted by municipal authorities as 
illegal Vietnamese immigrants and forced to float down river toward 
Vietnam. Although most lacked identity documents, some residents 
claimed that they were Cambodian citizens of Vietnamese ethnicity and 
that proof of their citizenship was confiscated by police officials in 
the days prior to their eviction (see Section 1.f.).
Section 6. Worker Rights
    a. Right of Association.--The 1997 Labor Law provides workers with 
the right to form professional organizations of their own choosing, 
without prior authorization, and all workers are free to join the trade 
union of their choice; however, the Government's enforcement of these 
rights was uneven, and some unions complained that the procedures for 
registration were burdensome. Membership in trade unions or employee 
associations is not compulsory, and workers are free to withdraw from 
such organizations; however, the Ministry of Labor has accepted the 
charter of at least one union that requires workers to obtain 
permission before they can withdraw.
    During the year, the Government issued decrees and subdecrees 
clarifying the Labor Law in a number of areas, including the 
registration of labor unions, the election of shop stewards, the 
registration of collective bargaining agreements, and thecalculation of 
overtime pay rates. However, despite these legal advances, the 
Government's enforcement efforts were hampered by a lack of resources, 
little knowledge of the law by factory managers, and a lack of 
qualified labor inspectors. Unions also suffer from a lack of 
resources, training, and experience.
    There were 85 strikes during the first 10 months of the year, none 
of which were carried out in accordance with the law. The Government 
allowed all peaceful strikes and demonstrations to take place, although 
police intervened in violent strikes in garment factories on at least 
two occasions in October. In the first incident, police fired shots 
into the air to disperse a violent confrontation between striking and 
nonstriking workers at a garment factor in Kandal province. Another 
violent, unannounced strike at a garment factory in Phnom Penh was 
stopped following peace police intervention.
    The Labor Law requires unions and employer organizations to file a 
charter and lists of officers with the Ministry of Social Affairs, 
Labor, Vocational Training, and Youth Rehabilitation. Since the Labor 
Law went into effect, the Ministry registered 77 unions and 4 labor 
federations. Thirteen new unions were registered through August. 
Although all unions collect dues from members, none has been able to 
operate without outside sources of support. None of the unions has the 
capacity to negotiate with management as an equal.
    In October 1998, the Ministry issued a new subdecree relaxing union 
registration procedures. The Ministry registered one opposition-party 
linked union in December 1998 after a long delay, even though that 
union did not comply technically with the requirements of the Labor 
Law. The vast majority of the other registered unions often failed to 
meet one or more legal requirements. Unions and other observers still 
complain of the difficulty and cost associated with assembling the 
necessary paperwork from other government agencies in registering union 
officers, particularly the ``letter of no criminal record.'' During the 
year, there were no credible complaints of political bias in union 
registration.
    In another October 1998 subdecree, the Ministry clarified the role 
of labor unions in nominating candidates for shop stewards, provided 
for elections to remove nonperforming shop stewards, and required 
factories to furnish the Ministry with minutes of shop steward 
elections. The Ministry reported that it received such minutes for 82 
enterprises through September. Shop stewards in some factories began to 
represent workers effectively to management. However, in a significant 
number of factories, election irregularities, or irregularities in 
choosing candidates for election, resulted in the selection of pliant 
or promanagement shop stewards.
    Most workers are subsistence rice farmers and have little knowledge 
of trade unions. Nearly all trade union activity was concentrated in 
the rapidly growing garment sector. Although there is an expanding 
service sector, most urban workers are engaged in small-scale commerce, 
self-employed skilled labor, or unskilled day labor. The Labor Law does 
not apply to workers in the public sector.
    Unions may affiliate freely, but the law does not address 
explicitly their right to affiliate internationally.
    b. The Right to Organize and Bargain Collectively.--The Labor Law 
provides for the right to organize and bargain collectively; however, 
the Government's enforcement of these rights has been uneven.
    Since enactment of the Labor Law in 1997, there has been confusion 
over the overlapping roles of labor unions and shop stewards. The Labor 
Law gives unions the right to negotiate with management over wages and 
working conditions and allows unions to nominate candidates for shop 
steward positions. However, the law gives shop stewards the right to 
represent the union to the company director and to sign collective 
bargaining agreements. Legal ambiguities also exist in the process for 
unions to nominate shop stewards.
    In practice very little collective bargaining takes place. A 
February 1998 strike at a Phnom Penh cigarette factory still represents 
the only instance in which an officially registered trade union held a 
strike that generally conformed to the Labor Law and yielded one of the 
few collective bargaining agreements.
    The Labor Law specifically protects shop stewards from dismissal 
without permission from the Ministry and provides union members 
protection from discrimination on the basis of union membership.
    The Government observes neither of these provisions adequately. 
Illegal dismissals led to several strikes during the year, only some of 
which ended with reinstatement.
    Wages in the private sector are set by market conditions, although 
the Ministry has the right to set minimum wages based on 
recommendations from the tripartite Labor Advisory Committee that was 
established in May 1998. The Government sets wages for civil servants.
    There are no export processing zones.
    c. Prohibition on Forced or Compulsory Labor.--The Labor Law 
prohibits forced or compulsory labor, including forced labor by 
children; however, the Government does not enforce these prohibitions 
adequately.
    Mandatory overtime is widespread in the garment industry, with 
workers in some factories facing fines, dismissal or loss of premium 
pay if they refuse, even occasionally. There were numerous reports that 
women and girls were trafficked into prostitution. A 1995 survey of 
prostitution made by a local NGO indicated that 31 percent of female 
prostitutes were between the ages of 12 and 17. Up to half of the girls 
involved were sold by their families, then forced to work as 
prostitutes. There were also reports that children were kidnaped and 
forced to work in the illegal sex trade (see Sections 5 and 6.f.).
    Although the institution of bonded labor does not appear to be 
widespread, there were reports of it in the wood-processing, rubber, 
and brick making industries. Although the Labor Law prohibits the 
collection of recruitment fees from new workers, some garment workers 
reported that they paid fees in excess of 2 months' salary to various 
middlemen, inside or outside the factory, in order to gain employment 
or pass their probation periods.
    There were no reports of forced conscription, unlike in 1998.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Law establishes 15 years as the minimum age for 
employment. However, the law permits children between 12 and 15 years 
of age to engage in ``light work,'' that is, work that is not hazardous 
to their health and that does not affect school attendance. The Labor 
Advisory Committee, which held its first meeting in October, is 
responsible for specifying occupations that are hazardous to the 
health, safety, or morality of adolescents, as well as consulting with 
the Ministry to determine which types of employment and working 
conditions constitute ``light work.'' Children under 15 are about 43 
percent of the population. According to the Government, about 17 
percent of children between the ages of 5 and 17 are active 
economically, the vast majority of whom fall toward the upper end of 
the age range, and 80% of whom are engaged in agriculture. Few children 
are engaged in industrial work. Some children work in brick factories 
and on rubber plantations. With assistance from the International Labor 
Organization (ILO), the Ministry of Social Affairs, Labor, Vocational 
Training, and Youth Rehabilitation in 1995 established a child labor 
unit to investigate and suppress child labor. However, the Ministry is 
hampered by inadequate resources, staff, and training. In August the 
Government ratified seven ILO conventions, including Convention 105 
(abolition of forced labor) and Convention 138 (minimum age).
    The Labor Law prohibits forced or compulsory labor, including 
forced labor by children; however, the Government does not enforce the 
law effectively, and children are trafficked and forced to work as 
prostitutes (see Sections 5, 6.c., and 6.f.).
    e. Acceptable Conditions of Work.--The Labor Law requires that 
minimum wages be established for each sector of the economy based on 
recommendations by the Labor Advisory Committee. To date a minimum wage 
has been set only in the garment sector, where workers must receive at 
least $40 (151,000 riel) per month (based on 26 8-hour days) at the 
conclusion of their training. Most garment factories pay in excess of 
this wage, but prevailing wages in the industry are not sufficient to 
provide a worker and family with a decent standard of living.
    The Labor Law provides for a standard legal workweek of 48 hours, 
not to exceed 8 hours per day. The law stipulatestime-and-one-half for 
overtime hours, and double time if overtime work occurs at night, on 
Sunday, or on a holiday. The Government does not enforce these 
standards adequately. Workers frequently complain of overtime in excess 
of 2 hours per day and of being forced to work 7 days per week. Many 
factories do not pay the legally mandated premiums for overtime (150 
percent) and night or holiday work (200 percent) properly, and there is 
legal ambiguity over which hours constitute night work. Another common 
complaint is that management violates the law by paying the overtime 
rate only for the salary component of workers' pay, leaving piece rates 
unchanged regardless of the number of hours worked.
    The Labor Law states that the workplace should have health and 
safety standards adequate to ensure workers' well-being. The Government 
enforces existing standards inconsistently, in part because it lacks 
staff, equipment, and training. Work related injury and health problems 
are common. Conditions in small-scale factories and cottage industries 
are generally poor and often do not meet international standards. The 
Government issued several instructions on workplace standards during 
the year, and more detailed regulations awaited approval by the Labor 
Advisory Committee at year's end. Penalties are specified in the Labor 
Law, but there are no specific provisions to protect workers who 
complain about unsafe or unhealthy conditions. Workers who remove 
themselves from unsafe working conditions risk loss of employment.
    f. Trafficking in Persons.--The 1996 Law on the Exploitation and 
Trafficking of Humans prohibits these abuses, but the Government does 
not enforce the law effectively in practice. Trafficking in women and 
children for the purpose of forced prostitution remained a serious 
problem, and government prosecution of traffickers is rare. The law 
established a jail sentence of up to 20 years for any person convicted 
of trafficking; however, its enforcement is hampered in part by budget 
limitations and a lack of implementing subdecrees.
    Surveys conducted by domestic NGO's in 1995 indicated that 40 to 50 
percent of young women who were trafficked were victimized by a close 
relative or friend of the family for money or on promises of a better 
life. Poverty and ignorance at the village level is a major factor 
contributing to the trafficking problem.
    Child prostitution and trafficking in children were common. There 
were reliable reports that children were lured from or kidnaped in some 
provinces and forced into the illegal sex trade, both in Cambodia and 
abroad. Other children were smuggled into Thailand to become beggars.
    In July the Government adopted a 5-year plan against child sexual 
exploitation that emphasizes prevention through information and 
protection through law enforcement. In September the Prime Minister 
instructed the Cabinet to develop additional measures to fight 
trafficking of women and children, including speedy promulgation of 
subdecrees and signing bilateral extradition treaties to bring 
traffickers to justice. In September, in the country's first trial on 
cross-border trafficking, Seng Savoeun was sentenced to 15 years in 
prison in Banteay Meanchey province for trafficking a 2-year old girl, 
a 4-year old boy, and a 7-year old girl into Thailand to work as 
beggars.
                                 ______
                                 

                                 CHINA

    The People's Republic of China (PRC) is an authoritarian state in 
which the Chinese Communist Party (CCP) is the paramount source of 
power. At the national and regional levels, Party members hold almost 
all top government, police, and military positions. Ultimate authority 
rests with members of the Politburo. Leaders stress the need to 
maintain stability and social order and are committed to perpetuating 
the rule of the CCP and its hierarchy. Citizens lack both the freedom 
peacefully to express opposition to the Party-led political system and 
the right to change their national leaders or form of government. 
Socialism continues to provide the theoretical underpinning of Chinese 
politics, but Marxist ideology has given way to economic pragmatism in 
recent years, and economic decentralization has increased the authority 
of regional officials. The Party's authority rests primarily on the 
Government's ability to maintain social stability, appeals to 
nationalism and patriotism, Party control of personnel and the security 
apparatus, and the continued improvement in the living standards of 
most of the country's 1.27 billion citizens. The Constitution provides 
for an independent judiciary; however, in practice, the Government and 
the CCP, at both the central and local levels, frequently interfere in 
the judicial process, and decisions in a number of high profile 
political cases are directed by the Government and the CCP.
    The security apparatus is made up of the Ministries of State 
Security and Public Security, the People's Armed Police, the People's 
Liberation Army, and the state judicial, procuratorial, and penal 
systems. Security policy and personnel were responsible for numerous 
human rights abuses.
    China is making a difficult transition from a centrally planned to 
a market-based economy. The economy continues to expand. The country is 
a leading world producer of coal, steel, textiles, and grains. Trade 
and foreign investment are helping to modernize the economy. Major 
exports include electronic goods, toys, apparel, and plastics. 
According to official government statistics, the official gross 
domestic product (GDP) growth rate during the year was just over 7 
percent, but the actual rate was widely considered to be lower by 
experts. The economy faces growing problems, including state enterprise 
reform, unemployment, underemployment, and regional economic 
disparities. Rural unemployment and underemployment combined are 
estimated to be over 30 percent. Tens of millions of peasants have left 
their homes in search of better jobs and living conditions. 
Demographers estimate that between 80 and 130 million persons make up 
this ``floating population,'' with many major cities counting 1 million 
or more such persons. Urban areas also are coping with millions of 
state workers idled on partial wages or unemployed as a result of 
industrial reforms. In the industrial sector, downsizing in state-owned 
enterprises prompted 6 million layoffs in the first half of 1999, 
bringing the total number of urban unemployed to well over 15 million. 
Industrial workers throughout the country sporadically protested 
layoffs and demanded the payment of overdue wages and benefits. 
Overall, however, economic reforms have raised living standards for 
many, provided greater independence for entrepreneurs, and diminished 
state control over the economy and over citizens' daily lives. Despite 
serious economic difficulties in the state sector, individual economic 
opportunities expanded in the nonstate sectors, resulting in increased 
freedom of employment and mobility. A constitutional amendment passed 
in March recognized the private sector as equal in status to the state 
sector. The total number of citizens living in absolute poverty 
continues to decline; estimates range from official figures of 42 
million to World Bank figures of 150 million. However, the income gap 
between coastal and interior regions, and between urban and rural 
areas, is wide and growing. Chinese economists put the ratio of urban 
to rural income at 12 to 1. Urban per capita disposable income for 1998 
was $656, while rural per capita net income was $261.
    The Government's poor human rights record deteriorated markedly 
throughout the year, as the Government intensified efforts to supress 
dissent, particularly organized dissent. A crackdown against a 
fledgling opposition party, which began in the fall of 1998, broadened 
and intensified during the year. By year's end, almost all of the key 
leaders of the China Democracy Party (CDP) were serving long prison 
terms or were in custody without formal charges, and only a handful of 
dissidents nationwide dared to remain active publicly. Tens of 
thousands of members of the Falun Gong spiritual movement were detained 
after the movement was banned in July; several leaders of the movement 
were sentenced to long prison terms in late December and hundreds of 
others were sentenced administratively to reeducation through labor in 
the fall. Late in the year, according to some reports, the Government 
started confining some Falun Gong adherents to psychiatric hospitals. 
The Government continued to commit widespread and well-documented human 
rights abuses, in violation of internationally accepted norms. These 
abuses stemmed from the authorities' extremely limited tolerance of 
public dissent aimed at the Government, fear of unrest, and the limited 
scope or inadequate implementation of laws protecting basic freedoms. 
The Constitution and laws provide for fundamental human rights; 
however, these protections often are ignored in practice. Abuses 
included instances of extrajudicial killings, torture andmistreatment 
of prisoners, forced confessions, arbitrary arrest and detention, 
lengthy incommunicado detention, and denial of due process. Prison 
conditions at most facilities remained harsh. In many cases, 
particularly in sensitive political cases, the judicial system denies 
criminal defendants basic legal safeguards and due process because 
authorities attach higher priority to maintaining public order and 
suppressing political opposition than to enforcing legal norms. The 
Government infringed on citizens' privacy rights. The Government 
tightened restrictions on freedom of speech and of the press, and 
increased controls on the Internet; self-censorship by journalists also 
increased. The Government severely restricted freedom of assembly, and 
continued to restrict freedom of association. The Government continued 
to restrict freedom of religion, and intensified controls on some 
unregistered churches. The Government continued to restrict freedom of 
movement. The Government does not permit independent domestic 
nongovernmental organizations (NGOs) to monitor publicly human rights 
conditions. Violence against women, including coercive family planning 
practices--which sometimes include forced abortion and forced 
sterilization; prostitution; discrimination against women; trafficking 
in women and children; abuse of children; and discrimination against 
the disabled and minorities are all problems. The Government continued 
to restrict tightly worker rights, and forced labor in prison 
facilities remains a serious problem. Child labor persists. 
Particularly serious human rights abuses persisted in some minority 
areas, especially in Tibet and Xinjiang, where restrictions on religion 
and other fundamental freedoms intensified.
    Beginning in the spring, Communist Party leaders moved quickly to 
suppress what they believed to be organized challenges that threatened 
national stability and Communist Party authority. In the weeks before 
the 10th anniversary of the June 4 Tiananmen massacre, the Government 
also moved systematically against political dissidents across the 
country, detaining and formally arresting scores of activists in cities 
and provinces nationwide and thwarting any attempts to commemorate the 
sensitive anniversary. Authorities in particular targeted the CDP, 
which had already had three of its leaders sentenced to lengthy prison 
terms in December 1998. Beginning in May, dozens of CDP members were 
arrested in a widening crackdown and more of the group's leaders were 
convicted of subversion and sentenced to long prison terms in closed 
trials that flagrantly violated due process. Others were kept detained 
for long periods without charge. In one August week alone, CDP members 
Liu Xianbin, She Wanbao, Zha Jianguo, and Gao Hongming were sentenced 
to prison terms of 13, 12, 9, and 8 years, respectively. Dissidents 
also were rounded up in large numbers before the October 1 National Day 
celebrations. In addition, the press reported that the Government 
rounded up 100,000 or more persons and sent them out of Beijing under 
the custody and repatriation regulations prior to the October 1 
National Day celebrations, to ensure order.
    Control and manipulation of the press by the Government for 
political purposes increased during the year. After authorities moved 
at the end of 1998 to close a number of newspapers and fire several 
editors, a more cautious atmosphere in general pervaded the press and 
publishing industries during the year. As part of its crackdown against 
the popular Falun Gong spiritual movement, the Government employed 
every element of the state-controlled media to conduct a nationwide 
anti-Falun Gong propaganda campaign reminiscent of the campaigns 
against the democracy movement that followed the Tiananmen massacre of 
1989. The press continued to report on cases of corruption and abuse of 
power by some local officials.
    Unapproved religious groups, including Protestant and Catholic 
groups, continued to experience varying degrees of official 
interference, repression, and persecution. The Government continued to 
enforce 1994 State Council regulations requiring all places of 
religious activity to register with the Government and come under the 
supervision of official, ``patriotic'' religious organizations. There 
were significant differences from region to region, and even locality 
to locality, in the attitudes of government officials toward religion. 
In some areas, authorities guided by national policy made strong 
efforts to control the activities of unapproved Catholic and Protestant 
churches; religious services were broken up and church leaders or 
adherents were harassed, and, at times, fined, detained, beaten, and 
tortured. At year's end, some remained in prison because of their 
religious activities. In other regions, registered and unregistered 
churches were treated similarly by the authorities. Citizens worshiping 
in officially sanctioned churches, mosques, and temples reported little 
or no day-to-day interference by the Government. The number of 
religious adherents in many churches, both registered and unregistered, 
continued to grow at a rapid pace. The Government launched a crackdown 
against the Falun Gong spiritual movement in July. Tens of thousands of 
Falun Gong members were reported detained in outdoor stadiums and 
forced to sign statements disavowing Falun Gong before being released; 
according to official sources, practitioners of Falun Gong had 35,000 
confrontations with police between late July and the end of October. A 
number of practitioners were detained multipletimes. An unknown number 
of members who refuse to recant their beliefs remain detained; others 
are serving prison or reeducation-through-labor sentences. An intensive 
proatheism, ``antisuperstition'' media campaign also accompanied the 
suppression of Falun Gong. In October, new legislation banning cults 
was passed. Adherents of some unregistered religious groups reported 
that these new laws are used against them.
    Although the Government denies that it holds political or religious 
prisoners, and argues that all those in prison are legitimately serving 
sentences for crimes under the law, an unknown number of persons, 
estimated at several thousand, are detained in violation of 
international human rights instruments for peacefully expressing their 
political, religious, or social views. Persons detained at times during 
the year included political activists who tried to register an 
opposition party; leaders of a national house church movement; 
organizers of political discussion groups that exceeded what the 
Government deemed to be the permissible level of dissent; and members 
of the Falun Gong movement. Some minority groups, particularly Tibetan 
Buddhists and Muslim Uighurs, came under increasing pressure as the 
Government clamped down on dissent and ``separatist'' activities. In 
Tibet the Government expanded and intensified its continuing 
``patriotic education campaign'' aimed at controlling the monasteries 
and expelling supporters of the Dalai Lama. In Xinjiang authorities 
tightened restrictions on fundamental freedoms in an effort to control 
independence groups.
    The authorities released fewer political prisoners before their 
terms were over than in recent years, although three were released 
early. In February the journalist Gao Yu was freed 6 months early, 
after having served 5\1/2\ years in prison. In September Internet 
dissident Lin Hai was released 6 months early. Shi Binhai, co-editor of 
the controversial book ``Political China,'' who had been detained 
without charge since September 1998, was released in March. Liu Xiaobo 
was freed in October after having completed his 3-year reeducation 
term. However, at year's end several thousand others, including Bishop 
An Shuxin, Cai Guihua, Chen Lantao, Chen Longde, Han Chunsheng, Li 
Bifeng, Li Hai, Liu Jingsheng, Peng Ming, Qin Yongmin, Shen Liangqing, 
Wang Youcai, Pastor Xu Yongze, Xu Guoxing, Xu Wenli, Yang Qinheng, 
Zhang Lin, Zhang Shanguang, Zhao Changqing, Zhou Yonjun, Ngawang 
Choephel, Abbot Chadrel Rinpoche, Jigme Sangpo, and Ngawang Sangrol 
(see Tibet addendum)--remained imprisoned or under other forms of 
detention for the peaceful expression of their political, social, or 
religious views. Some of those who completed their sentences and were 
released from prison--such as Bao Tong, senior aide to former Communist 
Party leaders--were kept under surveillance and prevented from taking 
employment or otherwise resuming normal lives. There were also reports 
of increasing surveillance of dissidents.
    During the year, the Government continued efforts to reform the 
legal system and to disseminate information about new legislation. 
Initiatives to improve the transparency and accountability of the 
judicial and legal systems continued. The Government also expanded 
efforts to educate lawyers, judges, prosecutors, and the public on the 
provisions of new laws. A number of statutes passed in recent years--
e.g., the Administrative Litigation Law, the Lawyers Law, the State 
Compensation Law, the Prison Law, the Criminal Law, and the Criminal 
Procedure Law--if enforced effectively hold the potential to enhance 
citizens' rights. The revised Criminal Procedure Law, which came into 
effect in 1997, provided for the defendant's right to legal counsel, an 
active legal defense, and other rights of criminal defendants 
recognized in international human rights instruments. If fully 
implemented, this law would bring criminal laws closer toward 
compliance with international norms. However, enforcement of the new 
statute is poor, and the law routinely is violated in the cases of 
political dissidents.
    Despite intensified suppression of organized dissent, some positive 
trends continued. Nongovernmental-level village committee elections 
proceeded, giving citizens choices about grassroots representatives, as 
well as introducing the principle of democratic elections. Additional 
experiments with higher level township elections were conducted without 
fanfare (or official approval by the central Government). Social groups 
with economic resources at their disposal continued to play an 
increasing role in community life. As many as 8.9 million citizens had 
access to the Internet, although the Government increased its efforts 
to try to control the content of material available on the Internet. 
Most average citizens went about their daily lives without significant 
interference from the Government, enjoying looser economic controls, 
increased access to outside sources of information, greater room for 
individual choice, and more diversity in cultural life. However, 
authorities significantly stepped up efforts to suppress those 
perceived to be a threat to government power or to national stability, 
and citizens who sought to express openly dissenting political and 
religious views continued to live in an environment filled with 
repression.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--The official press 
reported a number of instances of extrajudicial killings, but no 
nationwide statistics are available. In October a Falun Gong website 
reported that Zhao Jinhua, a Falun Gong member in Shandong, died from 
being beaten while in police custody. However, the official media 
reported that Zhao died of a heart attack (see Section 2.c.). Two other 
Falun Gong practitioners also reportedly died while in police custody; 
the authorities stated that they died of injuries received after 
jumping from moving trains (see Sections 1.c. and 2.c.). In February a 
domestic publication reported that a local government worker, suspected 
of embezzlement, died after 29 hours of police interrogation and 
torture. There were reports that persons held in custody and 
repatriation centers (where persons may be detained administratively to 
``protect urban social order'') were beaten while detained, and that 
some have died as a result (see Sections 1.c and 1.d).
    In January the Western press reported that police killed one 
protester and injured more than 100 others while dispersing villagers 
in Hunan province (see Section 2.b.). In late October, police killed 6 
Uighurs (see Section 5).
    There continued to be numerous executions carried out after summary 
trials. Such trials can occur under circumstances where the lack of due 
process protections borders on extrajudicial killing (see Section 
1.e.). In February, for example, a government radio station in the 
Xinjiang Uighur Autonomous Region reported that eight ``violent 
terrorists,'' who ``had taken part in many illegal religious terrorist 
activities in recent years in a vain attempt to split the motherland,'' 
had been sentenced to death in public trials. According to the report, 
the eight were executed immediately after sentencing (see Sections 1.e. 
and 5).
    In March the Western press reported a 1997 case in which police 
executed four farmers in rural Guangdong over a monetary dispute. 
Despite an attempted coverup by local officials, the families of the 
victims persisted in their demands for justice, lodging 27 separate 
complaints with the Government, while securing the assistance of a 
Beijing lawyer and the interest of the country's largest circulation 
newspaper on legal affairs. The resulting investigation by the Legal 
Daily finally forced provincial authorities to act. A Hong Kong-based 
human rights organization reported that seven policemen were arrested 
in December 1998 for the farmers' murders.
    Early in the year, there were a number of apparently unrelated 
bombings in Liaoning, Guangdong, Changsha, Hunan, Henan, Tibet, 
Sichuan, and Jiangsu, some of which resulted in death. Based on 
available evidence, it was not possible to establish links to political 
or separatist activity; bombs are sometimes used in personal or 
economic violence.
    b. Disappearance.--There were no new reports of disappearances. 
However, the Government still has not provided a comprehensive, 
credible accounting of those missing or detained in connection with the 
suppression of the 1989 Tiananmen demonstrations. There were more 
reported incidents of long incommunicado detentions than in 1998 (see 
Section 1.d.).
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture; however, police and other 
elements of the security apparatus employed torture and degrading 
treatment in dealing with detainees and prisoners. Former detainees and 
the press reported credibly that officials used electric shocks, 
prolonged periods of solitary confinement, incommunicado detention, 
beatings, shackles, and other forms of abuse against detained men and 
women. Prominent dissident Liu Nianchun, who was released in December 
1998, reported that guards used an electric stun gun on him. Persons 
detained pending trial were particularly at risk during pretrial 
detention due to systemic weaknesses in the legal system or lack of 
implementation of the revised Criminal Procedure Law.
    In February a domestic publication reported that an engineer in 
Liaoning province, suspected of theft, suffered brain damage as a 
result of hours of beatings while in police custody. The police 
eventually determined that the engineer was innocent and released her. 
She later sued the local government. Chinese reporters whoattended her 
trial said that there were efforts in court to intimidate them. Also in 
February, a government-owned television station in Sichuan broadcast 
film taken secretly of city police officers beating and spitting on 
suspects in an effort to coerce confessions and to extort bribes. In 
June a Hong Kong human rights group reported that labor activist Guo 
Xinmin was beaten repeatedly and hung by his tied hands by police 
interrogators trying to extract a confession. The same human rights 
organization also received a letter from a former vice mayor of Harbin, 
which had been smuggled out of prison, in which he claimed to have been 
beaten and given electric shocks while in custody. According to Amnesty 
International, some adherents of Falun Gong were tortured with electric 
shocks, as well as by having their hands and feet shackled and linked 
with crossed steel chains. There were reports that persons held in 
custody and repatriation centers were beaten while detained, and that 
some died as a result (see Sections 1.a and 1.d.).
    In January police killed one protester and injured more than 100 
others while dispersing villagers in Hunan province. In March police 
beat demonstrators in Sichuan province (see Section 2.b.). Police at 
times used force to disperse Falun Gong practitioners (see Section 
2.c.).
    Wang Wanxing, who protested in Tiananmen Square in 1992, continued 
to be held in a psychiatric hospital on the outskirts of Beijing until 
late August, when he was released for a trial period of 3 months. He 
reportedly was detained again on November 23, 4 days after he told the 
hospital director that he might hold a news conference to discuss the 
conditions he endured in the hospital (see Section 1.d.). Late in the 
year, according to some reports, the Government started confining some 
Falun Gong adherents to psychiatric hospitals.
    After meeting briefly with a foreign diplomat on November 30, Fu 
Sheng, a member of the CDP, was detained for 6 days, questioned, and 
beaten in Beijing (see Section 1.d.).
    The Government has stated that ``the Chinese judiciary deals with 
every complaint of torture promptly after it is filed, and those found 
guilty are punished according to law.'' As part of its campaign to 
address police abuse, the Government in 1998 for the first time 
published national torture statistics, along with 99 case studies, in a 
volume entitled ``The Law Against Extorting a Confession by Torture.'' 
The book, which was published by the Supreme People's Procuratorate, 
stated that 126 persons had died during police interrogation in 1993 
and 115 in 1994. Most cases of torture are believed to go unreported.
    One overseas human rights group reported in January that there had 
been some 9,000 cases of mishandling of justice discovered in 1998 and 
that 1,200 police officers had been charged with criminal offenses. 
Authorities continued a nationwide crackdown on police corruption and 
abuses. Government statistics released in March showed that in 1998 
corruption prosecutions were up 10 percent, to over 40,000 
investigations and 26,000 indictments of officials. In January there 
were reports that Public Security Bureau Deputy Minister Li Jizhou was 
detained for corruption. Several other high-ranking Party officials 
also were prosecuted on corruption charges during the year. Late in the 
year, National People's Congress Standing Committee Chairman Li Peng 
issued a warning on police corruption.
    Conditions in penal institutions for both political prisoners and 
common criminals are generally harsh and frequently degrading. 
Conditions in administrative detention facilities (including re-
education-through-labor camps and custody and repatriation centers) are 
reportedly similar to those in prisons. According to released political 
prisoners, it is standard practice for political prisoners to be 
segregated from each other and placed with common criminals. There are 
credible reports that common criminals have beaten political prisoners 
at the instigation of guards. Zhang Lin, a dissident living overseas 
who secretly had returned to China in 1998, was arrested in November 
1998 and sentenced to 3 years in a labor camp. While he was conducting 
a hunger strike to protest harsh camp conditions, fellow inmates at the 
order of camp guards reportedly beat him. His sentence was extended by 
an additional year following the incident, according to human rights 
organizations. Guards in custody and repatriation centers reportedly 
rely on ``cell bosses'' to maintain order; these individuals frequently 
beat other detainees and have been known to steal their possessions. 
Prominent political prisoners sometimes receive better treatment. 
Dissident Liu Xiaobo, recently released after 3 years in a labor camp 
in Dalian, told one foreign diplomat that he had never been beaten and 
that his treatment was in general better than that of non-political 
prisoners. The 1994 Prison Law was designed, in part, to improve 
treatment of detainees and increase respect for their legal rights. The 
Government's stated goal is to convert one-half of the nation's prisons 
and 150 reeducation-through-labor camps into ``modernized, civilized'' 
facilities by the year 2010. According to credible sources, persons 
held in new ``model'' prisons receive better treatment than those held 
in other prisonfacilities. (For conditions in prisons in Tibet, see the 
Tibet Addendum.)
    Adequate, timely medical care for prisoners continues to be a 
serious problem, despite official assurances that prisoners have the 
right to prompt medical treatment if they become ill. Nutritional and 
health conditions can be grim. At year's end, political prisoners who 
reportedly had difficulties in obtaining medical treatment, despite 
repeated appeals on their behalf by their families and the 
international community, included Chadrel Rinpoche, Chen Lantao, Chen 
Longde, Chen Meng, Fang Jue, Hu Shigen, Kang Yuchun, Liu Jingsheng, 
Ngawang Sangdrol, Peng Ming, Qin Yongmin, Wang Guoqi, and Zhang 
Shanguang. Xu Wenli, despite repeated pleas by his family, was denied 
treatment for hepatitis. Xu tested positive for the disease during a 
prison hospital examination. Prison officials told Xu's family that the 
hepatitis had been contracted before his incarceration and was no 
longer active. However, his family reported that Xu was chronically 
fatigued and appeared jaundiced; he also reportedly is in need of 
dental care. Yu Dongyue, who defaced the portrait of Mao Zedong in 
Tiananmen Square during the 1989 student protests, reportedly is 
suffering severe mental illness from repeated beatings and mistreatment 
in a Hunan prison. According to press reports, Hua Di, a Stanford 
researcher, was sentenced to 15 years in prison in early December but 
the Government only acknowledges that he was arrested for suspicion of 
deliberately seeking state secrets. According to credible reports, his 
health is poor. According to one credible report in 1998, there have 
been instances in which women in reeducation-through-labor camps found 
to be pregnant while serving sentences were forced to submit to 
abortions (see Section 1.f.).
    The Government does not permit independent monitoring of prisons or 
reeducation-through-labor camps, and prisoners remain largely 
inaccessible to international human rights organizations. Talks with 
the International Committee of the Red Cross (ICRC) on an agreement for 
ICRC access to prisons remain stalled. The Government suspended 
discussions with a prominent foreign businessman and human rights 
monitor on prisoner accounting, in response to a proposed resolution 
critical of China at the U.N. Human Rights Commission. Prison visits 
with family members and others are monitored closely.
    d. Arbitrary Arrest, Detention, or Exile.--Arbitrary arrest and 
detention remain serious problems; there were more reports of long 
incommunicado detentions than in 1998. Because the Government tightly 
controls information, it is impossible accurately to determine the 
total number of persons subjected to new or continued arbitrary arrest 
or detention. The Government reported in March that prosecutors had 
censured police officers 70,992 times in 1998 for detentions that 
exceeded the legal time limit. According to estimates, thousands more 
remain incarcerated, charged with other criminal offenses, detained but 
not charged, or sentenced to reeducation-through-labor. Amnesty 
International documented 241 specific cases of persons who remain 
imprisoned or on medical parole for activities related to the 1989 
Tiananmen protests alone. Official government statistics report that 
there are some 230,000 persons in reeducation-through-labor camps, 
sentenced to up to 3 years through administrative procedures, not a 
trial. It has been estimated that as many as 1.7 million persons per 
year were detained in a form of administrative detention known as 
custody and repatriation before 1996; the number of persons subject to 
this form of detention reportedly has been growing since that time. 
According to one report, Liu Xin, who was a 15-year-old junior high 
school student at the time of his arrest in 1989, remains in a Hunan 
jail serving a 15-year sentence for arson. Liu had apparently handed a 
box of matches to his brother-in-law during a demonstration in Shaoyang 
city in 1989. According to an April report in the Western press, Lu 
Decheng, one of three men jailed for throwing paint on the portrait of 
Mao Zedong in Tiananmen Square, was released in 1998 after serving 9 
years of his original 16-year sentence. However, his two colleagues, Yu 
Dongyue and Yu Zhijian, remain in jail, both reportedly in solitary 
confinement. Chen Ziming remained under house arrest at year's end. 
Wang Wanxing, who protested in Tiananmen Square in 1992, was released 
from a psychiatric hospital near Beijing in late August but was 
detained and returned to the hospital on November 23, after informing 
the hospital director that he might hold a news conference on the 
conditions he endured in the hospital (see Section 1.c.). Late in the 
year, according to some reports, the Government started confining some 
Falun Gong adherents to psychiatric hospitals.
    The amendments to the Criminal Procedure Law, which came into 
effect in 1997, represented a significant improvement in the statutes 
governing arrest and detention. The amendments provide for earlier and 
greater access for defendants to legal counsel and the abolition of a 
regulation that allowed summary trials in certain cases involving the 
death penalty. Under the old system, defendants were not allowed to 
consult an attorney until 7 days before trial, usually precluding the 
possibility of mounting an effective defense. The amended law gives 
most suspects the rightto seek legal counsel shortly after their 
initial detention and interrogation. However, police often use 
loopholes in the law to circumvent a defendant's right to seek counsel 
and political activists in particular still have significant problems 
obtaining competent legal representation of their own choosing.
    While the new criminal procedure law represents an improvement over 
past practice, anecdotal evidence indicates that implementation of the 
new Criminal Procedure Law remains uneven and far from complete, 
especially in politically sensitive cases. Differing interpretations of 
the law taken by different judicial and police departments have 
contributed to contradictory and incomplete implementation. The Supreme 
People's Court, the Supreme People's Procuratorate, the Ministry of 
Public Security, the Ministry of State Security, the Ministry of 
Justice, and the Legal Work Committee of the National People's Congress 
in 1998 issued supplementary implementing regulations to address some 
of these weaknesses. During the year, the Government continued its 
efforts to educate lawyers, judges, prosecutors, and especially the 
public on the provisions of this and other new laws. In June the 
Ministry of Justice announced that 500,000 ministry officials would 
undergo training over the next 3 years as part of ``a massive effort to 
improve the quality of all judicial workers in the country.'' In March 
the President of the Supreme People's Court announced that all senior 
judges in the nation's courts would attend training courses within the 
next 3 years, with an emphasis on new laws and regulations.
    Even if fully implemented, the Criminal Procedure Law still would 
fall short of international standards in many respects. For example, 
while the statute precludes a presumption of guilt, it includes no 
explicit recognition of the presumption of innocence; has insufficient 
safeguards against use of evidence gathered through illegal means such 
as torture; the appeals process it provides for fails to provide 
sufficient avenue for review; and there are inadequate remedies for 
violations of defendants' rights. However, the law did abolish an often 
criticized form of pretrial detention known as ``shelter and 
investigation'' that allowed police to detain suspects for extended 
periods without charge. Nonetheless, in some cases police still can 
detain unilaterally a person for up to 37 days before releasing him or 
formally placing him under arrest. Once a suspect is arrested, the 
revised law allows police and prosecutors to detain him for months 
before trial while a case is being ``further investigated.'' Few 
suspects are released on bail or put in another form of noncustodial 
detention pending trial.
    The Criminal Procedure Law also stipulates that authorities must 
notify a detainee's family or work unit of his detention within 24 
hours. However, in practice timely notification remains a serious 
problem, especially in sensitive political cases. Under a sweeping 
exception, officials need not provide notification if it would ``hinder 
the investigation'' of a case. In January Che Hongnian, who had been 
held incommunicado for nearly 3 months, was sentenced to 3 years of 
labor in Shandong province, apparently for writing a letter asking how 
to contact a human rights organization in Hong Kong. His appeal was 
denied in March.
    Police continue to hold individuals without granting access to 
family or a lawyer, and trials continue to be conducted in secret. For 
example, the family of China Development Union (CDU) founder Peng Ming 
was not allowed to see him for weeks after his detention. Police 
initially dismissed the family's requests to see Peng by claiming they 
did not have to allow visitation since Peng had not been ``formally 
arrested''--i.e., charged with a specific crime. In July Wang 
Yingzheng, a 19-year-old activist in Jiangsu Province, was tried in 
secret for writing an article criticizing official corruption. Wang's 
family was not notified of the trial until several weeks afterward. In 
June labor activist He Chaohui also was tried in June at a closed 
courtroom in Hunan.
    As the government broadened and intensified its campaign to 
eliminate the China Democracy Party, the number of detentions, either 
temporary or leading to formal arrest, increased significantly. CDP 
members Dai Xuezhong, Li Guotao, Fu Shenping, Li Zhiying, and He Bowei 
all were picked up in 1 week in January, interrogated, and later 
released. In February four CDP members in Wuhan--Lu Xinhua, Chen 
Zhonghe, Xiao Shichang, and Jiang Hansheng--were arrested for trying to 
organize the Wuhan Human Rights Forum. Hangzhou CDP member Lai Jinbiao 
was detained for 5 days in March for trying to organize an ``illegal'' 
rally. In the weeks before the sensitive 10th anniversary of the June 
4, 1989, Tiananmen Square massacre the Government detained or otherwise 
confined scores of CDP members. Six CDP activists in the northeastern 
town of Acheng were picked up on May 2 while holding a meeting to plan 
commemorative events for June 4. At least 15 other CDP members were 
detained around the country during the same week. Wu Yilong, Li Bagen, 
Mao Qingxiang, Li Xi'an, Wang Rongqing, Zhu Yufu, Lai Jinbiao, and Yu 
Tielong in Hangzhou; Yang Tao in Guangzhou; Wang Wenjiang, Kong 
Youping, and Wang Zechen in Anshan; He Depu, Wang Zhixin, Gao Hongming 
and Zha Jianguo in Beijing; Liu Xiaoming and Li Chun in Wuhan; Liao 
Shihua inChangsha; Zhang Baoqin in Fujian; and Li Jinhong, Liu Shili, 
and Chen Guojin were among those detained for varying periods of time 
in the weeks before June 4. Some, such as Gao Hongming and Zha Jianguo, 
subsequently were sentenced to lengthy prison terms. One Hong Kong 
nongovernmental organization (NGO) reported more than 160 detentions of 
political activists in the month before the Tiananmen anniversary.
    The campaign intensified after June 4, as detentions continued and 
a number of those arrested were put on trial or sentenced 
administratively to reeducation-through-labor (see Section 1.d.). Hebei 
CDP member Yu Feng was taken away by police on June 8. Tong Shidong, a 
CDP organizer and physics professor in Hunan, was arrested on June 11 
and charged with trying to ``overthrow state power'' on June 15. On 
June 19, police rounded up eight CDP activists in Hangzhou--Zhu Yufu, 
Han Shen, Wang Rongqing, Mao Qingxiang, Yan Zhengxue, Jiang Tanyun, Li 
Cunrong and Li Bagen--reportedly ransacking Zhu's home in the process 
and confiscating his computer, address book, and documents. Zhu, Mao, 
and Xu were tried on October 25 and sentenced to prison terms of 7, 8, 
and 5 years, respectively. During the week of June 25, Li Xian and Xu 
Guang were detained in Hangzhou, while Zhang Jian and Liu Jin were held 
in Hebei. In July Guo Chengming, a lawyer in Shenyang, formally was 
placed under arrest. Sichuan CDP members Chen Wei and Ouyang Yi were 
arrested at their homes in August. Five CDP activists--Dai Xuezhong, 
Wang Wenjiang, Chen Zhonghe, Xiao Shichang, and Quan Li--all were 
detained in the first week of September. Li Guotao was briefly detained 
in October. On November 30, Fu Sheng, a member of the CDP, was 
detained, questioned, and beaten in Beijing 2 days after meeting 
briefly with a foreign diplomat. He was released on December 5.
    There were also frequent detentions of non-CDP dissidents during 
the year. Shenzhen activist Miao Xike was arrested in March after he 
announced the founding of a ``Chinese Rights Party.'' Chengdu poet Liao 
Yiwu was detained on his wedding day in March. In April Hangzhou 
activist Su Huibing was detained after he tried to sweep the graves of 
Tiananmen Massacre victims during the Qingming holiday in accordance 
with the holiday's tradition. Police detained dissident Wang Ke in 
April in Hainan Province before the anniversary of the death of former 
national leader Hu Yaobang. Also in April, journalist Ma Xiaoming was 
arrested in Shaanxi province while trying to report on a tax protest by 
farmers. Detentions and harassment of non-CDP dissidents reportedly 
increased in the weeks leading up to the June 4 anniversary, apparently 
in an attempt to forestall any commemoration activities. In mid-May, 
activist and former Tiananmen Square student leader Jiang Qisheng was 
detained by authorities in Beijing for authoring and attempting to 
distribute essays about the 1989 massacre. He was held for several 
weeks before his family was informed of his whereabouts. In early May, 
two students at Zhongnan Politics and Law Academy reportedly were 
arrested for putting up posters to commemorate another student protest; 
six activists in the northeast and 12 in Changsha also were detained in 
early May. Police in Changsha reportedly detained Tan Li, Zhou Min, and 
Yao Xiaozhou in April after they refused to sign agreements stating 
that they would not hold any commemorations on or around June 4; Tan 
and Zhou reportedly were detained for a few hours, but Yao remained in 
detention. Their relatives reportedly were harassed by the authorities 
at work, and were ordered to try to persuade the dissidents to comply 
with the authorities' demands. Two persons attempting to demonstrate 
were detained quickly by police on or near Tiananmen Square on June 4; 
seven journalists near one of the protesters also were detained briefly 
and their film was confiscated. Yuan Yongbo, a college student in Hubei 
province, was arrested in June for putting up posters commemorating the 
10th anniversary of the Tiananmen massacre. The China Development Union 
(which works for environmental and political reform) virtually was shut 
down by arrests of its members during the year.
    In August Xinjiang businesswoman Rebiya Kadeer, her son, and her 
secretary were detained in Urumqi, the capital of the Xinjiang Uighur 
Autonomous Region. Kadeer, who was detained while on her way to meet a 
visiting foreign delegation, was charged in September with passing 
state secrets to foreigners. Kadeer's husband has criticized the 
Government's treatment of Uighurs in Xinjiang on broadcasts of the 
Voice of America and Radio Free Asia.
    Authorities detained a number of members of house churches (see 
Section 2.c.). After the authorities banned Falun Gong in July, tens of 
thousands of its adherents were detained by the authorities and held 
for varying periods in stadiums around the country. Most were released 
after signing statements in which they recanted their beliefs; however, 
arrests of Falun Gong adherents continued through year's end (see 
Section 2.c.). In July, the designer and operator of a Falun Gong 
website in Jilin was arrested; his website reportedly was shut down 
(see Sections 1.f. and 2.c.). In late October a new anti-cult law was 
passed, shortly after Falun Gong was declared a ``cult'' (see Sections 
1.e. and 2.c.). In early November, the Government announced that six 
Falun Gong leaders, some of whom reportedly had been detained since 
July, were charged with violating the new law. InDecember, four were 
sentenced to long prison terms (see Section 2.c.). Hundreds of other 
adherents were sentenced administratively for terms of up to 3 years in 
reeducation-through-labor camps. On November 8, the authorities 
confirmed the formal arrest of 111 Falun Gong members, who were charged 
with, among other things, disturbing social order and stealing state 
secrets. This new legislation also was used against members of 
unregistered churches and religious groups (see Section 2.c.).
    Members of the foreign and Hong Kong press also were detained 
during the year, often for reporting on subjects that met with the 
Government's disapproval (see Section 2.a.).
    Author Wang Lixiong was detained in Xinjiang on February 4 while 
collecting information for a book on the region (see Section 2.a.). He 
was released on March 1 without charge. Visiting academic researcher 
and librarian Song Yongyi was detained on August 7 in Beijing. After 
months of detention and interrogation, he was charged on December 24 
with ``the purchase and illegal provision of intelligence to persons 
outside China; he was charged on December 24, and remained in custody 
at year's end. Song, an expert on the Cultural Revolution, traveled to 
the country to collect materials such as newspaper articles, books, and 
other publicly available information on that period, as he had on 
several previous occasions (see Section 2.a.). Song's wife was detained 
with him in August but was released 2 months later.
    In addition, the press reported that the Government rounded up 
100,000 or more persons and sent them out of Beijing under the custody 
and repatriation regulations prior to the October 1 National Day 
celebrations, to ensure order.
    Under the revised Criminal Procedure Law, detained criminal 
suspects, defendants, their legal representatives, and close relatives 
are entitled to apply for a guarantor to enable the suspect or 
defendant to await trial out of custody. In practice, the police, who 
have sole discretion in such cases, usually do not agree.
    In theory, the Administrative Litigation Law of 1989 permits a 
detainee to challenge the legality of administrative detention, but 
lack of timely access to legal counsel inhibits the effective use of 
this law. Persons serving sentences in the criminal justice system can 
request release under Article 75 of the Criminal Procedure Law or 
appeal to the Procuratorate, but have no recourse to the courts to 
challenge the legality or length of criminal detention. In June 1998, 
Xinhua News Agency reported that Beijing prosecutors had found that 143 
criminal suspects in the city had been detained illegally for more than 
one year. The prosecutors reportedly ordered 141 of them released. 
There are documented cases in which local officials and business 
leaders illegally conspired to use detention as a means of exerting 
pressure in commercial disputes involving foreign businessmen. In 
February officials reportedly detained Hong Kong businessman Yiu Yun-
Fai, after a dispute erupted when he went to check on goods his company 
ordered. There were also cases in which foreign businessmen had their 
passports confiscated during such disputes. A Beijing court was to 
investigate the case of businessman Lok Yuk-shing, a resident of Hong 
Kong who was detained in Inner Mongolia and held for 8 months because 
of a debt his employer owed. Australian businessman James Peng, who had 
been detained since 1994, was released in November.
    The State Compensation Law provides a legal basis for citizens to 
recover damages for illegal detentions. Although many citizens remain 
unaware of this 1995 law, there is evidence that it is having a 
growing, if still limited, impact. In February a Hong Kong NGO reported 
that more than 12,000 villagers from 45 villages in Shaanxi province 
had filed a lawsuit against the local township government to protest 
excessive taxation. In September the press reported that a man in 
Shanxi, who had served a 1-year reeducation term even though he was 
innocent, had been awarded $966 (8,000 rmb) in damages. Throughout the 
year, the official press published numerous articles to raise public 
awareness of recent laws meant to enhance the protection of citizens' 
rights, including the Criminal Law, Criminal Procedure Law, State 
Compensation Law, Administrative Procedure Law, and Lawyers Law.
    A major flaw of the new Criminal Procedure Law is that it does not 
address the reeducation-through-labor system, which permits authorities 
to sentence detainees administratively without trial to terms of 1 to 3 
years in labor camps. Local Labor Reeducation Committees, which 
determine the term of detention, may extend an inmate's sentence for an 
additional year. According to the latest available official statistics, 
there were some 230,000 persons in reeducation-through-labor camps in 
1997. More political dissidents were given reeducation sentences in 
1999 than during the previous year. In February Peng Ming, the founder 
of the China Development Union, was sentenced to 18 months of 
reeducation-through-labor, allegedly for soliciting prostitution. 
Peng's family and supporters maintained that Pengwas framed in 
retaliation for his political activities. Peng Cheng, who solicited 
signatures in Shandong for a petition calling on the Government to 
reverse its stance on the student demonstrations of 1989, was arrested 
and sentenced in August to 3 years of labor. Zhou Yongjun, an overseas 
activist who had returned in December 1998, was found in June to be 
serving a 3-year sentence in a reeducation camp in Guangdong. Returned 
dissident Zhang Lin had his reeducation sentence extended by 1 year. 
China Democracy Party members Cai Guihua and Han Lifa, arrested in the 
fall of 1998, remain in labor camps; their sentences were extended 
during the year. Chen Longde remained in a labor camp. Defendants 
legally are entitled to challenge reeducation-through-labor sentences 
under the Administrative Litigation Law. Persons can gain a reduction 
in, or suspension of, their sentences after appeal, but appeals are 
usually not successful because of problems such as short appeal times 
and inadequate legal counsel that weaken the effectiveness of the law 
in preventing or reversing arbitrary decisions. Authorities ignored CDU 
founder Peng Ming's wrongful detention appeal, and he continues to 
serve his sentence. There have been cases of individuals successfully 
appealing their reeducation sentences through the courts, though the 
exact number of successful cases is unknown.
    The new Criminal Procedure Law also does not address custody and 
repatriation, which allows the authorities to detain persons 
administratively without trial to ``protect urban social order.'' 
Persons who may be detained under this provision include the homeless, 
the unemployed, petty criminals, and those without permission to live 
or work in urban areas; such persons may be returned to the locality in 
which they are registered. If the location to which they are to be 
repatriated cannot be determined, or if they cannot be repatriated, 
such persons may be sent to ``resettlement farms.'' Those unable to 
work may be sent to ``welfare centers.'' Until they are repatriated, 
those detained may be held in custody and repatriation centers, and may 
be required to pay for the cost of their detention and repatriation by 
working while in detention. Relatives and friends of detainees in these 
centers reportedly are often able to secure a detainee's release 
through the payment of a fee. Provincial regulations on custody and 
repatriation in some cases have expanded the categories of persons who 
may be detained. In Beijing, for example, those who may be detained 
specifically include the mentally ill and mentally disabled, and 
``those who should be taken into custody according to government 
regulations.'' Many other persons are detained in similar forms of 
administrative detention, known as custody and education (for 
prostitutes and their clients) and custody and training (for minors who 
have committed crimes). Persons reportedly may be detained for long 
periods under these provisions, particularly if they cannot afford to 
pay for their release (see Sections 1.a., 1.c., 1.e., 2.d, 5, 6.c., 
6.d., and 6.f.).
    By one estimate, more than 1.7 million persons per year might be 
detained under custody and repatriation or similar regulations. 
According to the NGO Human Rights in China, the reasons for such 
detentions are rarely made clear to detainees. There are reports that 
persons with documentation allowing them to live or work in urban areas 
have been detained illegally under these provisions; but, because they 
are not entitled to a trial, they have little recourse if the detaining 
officials cannot be persuaded to allow their release. Some are 
reportedly forced to confess that they were living and working without 
permits in the urban area in which they were detained, despite having 
the appropriate documentation; in some cases, such documentation 
reportedly is destroyed. During the last week of October, a Communist 
Party official told the foreign press that 3,000 persons from other 
parts of the country were detained in police sweeps of nonresidents in 
Beijing. By some estimates, police forced 100,000 or more non-residents 
out of Beijing prior to October 1 through the custody and repatriation 
program (see Section 2.d.).
    The Government also continued to refuse reentry to citizens who 
were dissidents and activists (see Section 2.d.). In April dissident 
Wang Xizhe was denied entry to the country to attend his father's 
funeral. The Government's denial of permission to some former 
reeducation-through-labor camp inmates to return to their homes 
constitutes a form of internal exile (see Section 2.d.).
    There were no reports that the Government forcibly exiled citizens; 
however, dissidents released from prison on medical parole in earlier 
years continue to be unable to return to the country.
    e. Denial of Fair Public Trial.--The Constitution states that the 
courts shall, in accordance with the law, exercise judicial power 
independently; however, in practice, the judiciary is subject to policy 
guidance from both the Government and the Communist Party, whose 
leaders use a variety of means to direct courts on verdicts and 
sentences in politically sensitive cases. At both the central and local 
levels, the Government and the CCP frequently interfere in thefindings 
of the judicial system and dictate court decisions. Corruption and 
conflicts of interest also affect judicial decisionmaking. Judges are 
appointed by the people's congresses at the corresponding level of the 
judicial structure, which can result in undue influence by local 
politicians over the judges they appoint. During a May 1998 conference 
at a Beijing university, according to informed sources, one expert 
estimated that more than 70 percent of commercial cases in lower courts 
were decided according to the wishes of local officials rather than the 
law. State-run media published numerous articles calling for an end to 
such ``local protectionism'' and for the development of a judiciary 
independent of interference by officials.
    The Supreme People's Court (SPC) stands at the apex of the court 
system, followed in descending order by the higher, intermediate, and 
basic people's courts. There are special courts for handling military, 
maritime, and railway transport cases.
    During the year, the Government continued a campaign to correct 
systemic weaknesses in the judicial system and make it more accountable 
to public scrutiny. The law requires that all trials be held in public; 
however, in practice, many trials are not. In March the Supreme 
People's Court issued regulations requiring all trials to be open to 
the public, except for those involving state secrets, personal privacy, 
or minors; divorce cases in which both parties request a closed trial; 
and cases involving commercial secrets. The official media reported in 
February that all Beijing municipal courts had opened their trials to 
the public. The media report claimed that some 6,518 cases were tried 
openly in one month, with some 10,000 citizens observing the trials and 
1,000 journalists reporting on them. The Shanghai Intermediate Court 
also opened its trials in February, except for those involving state 
secrets, privacy, or minors. Under the new regulations, ``foreigners 
with valid identification'' are to be allowed the same access to trials 
as citizens. However, requests by at least one foreign mission to send 
an observer to politically sensitive trials have been ignored 
consistently by the Government. Moreover, none of the numerous trials 
involving political dissidents were open to the general public. The 
legal exception for cases involving state secrets, privacy, and minors 
has been used to keep proceedings closed to the public and even family 
members in some sensitive cases (see Section 1.d.).
    In June 1998, the President of the Supreme People's Court, Xiao 
Yang, called for courts to come under the ``supervision'' of citizens 
and the media, and in July 1998 state-run television carried the first 
live broadcast of a trial, a case involving intellectual property. 
National newspapers gave both events extensive coverage. Programs 
featuring actual court proceedings have since become a regular 
television feature, meant in part to educate the public and in part to 
build greater confidence in the judicial system. In March the Fuzhou 
City Intermediate People's Court began broadcasting a television 
program called ``Court and Society,'' featuring live and recorded 
coverage of actual cases, in an effort to ``ensure impartial 
administration of justice and implement the system of open trials.''
    The Government continued a self-proclaimed ``unprecedented internal 
shake-up'' of the judiciary, which began in 1998. In March the Supreme 
People's Court reported that 2,512 judges and staff had been punished 
for misconduct in 1998. The Supreme People's Procuratorate reported 
that 1,401 prosecutors and staff either had been disciplined or 
prosecuted in 1998. In October the Procuratorate reported that 1,179 
local prosecutors had been dismissed in 1999 for lack of 
qualifications. In January Procurator General Han Zhubin reported that 
a former head of the Anticorruption Bureau of the Supreme People's 
Procuratorate was dismissed for corruption. The Government also 
reported that 4,200 unqualified judicial workers had been dismissed 
nationwide, and that 12,045 verdicts had been overturned on appeal by 
higher courts. The court and procuratorate continued to operate hot 
lines established in 1998 for the public to report illegal activities 
by judges and prosecutors. In August a vice president of the Supreme 
People's Court announced that in the first half of the year the number 
of court workers who had to be disciplined had dropped 36 percent from 
the same period the year before.
    Police and prosecutorial officials often ignore the due process 
provisions of the law and of the Constitution. For example, police and 
prosecutors can subject prisoners to severe psychological pressure to 
confess, and coerced confessions frequently are introduced as evidence. 
In May 1998 the top prosecutor, Han Zhubin, said in an interview that 
use of illegal methods by prosecutors had become ``very serious'' in 
some areas. He acknowledged that some prosecutors employed torture to 
extract confessions and used interrogation rooms like ``prison cells'' 
to hold suspects beyond the legal detention period. The Criminal 
Procedure Law forbids the use of torture to obtain confessions, but one 
weakness of the law is that it does not expressly bar the introduction 
of coerced confessions as evidence. Traditionally, defendants who 
failed to show the correct attitude by confessing their crimes were 
sentenced more harshly. The conviction rate in criminal cases is over 
90 percent, and trials can be little morethan sentencing hearings. In 
most politically sensitive trials, guilty verdicts were handed down 
immediately following court proceedings that rarely lasted more than 
several hours. There is an appeals process, but appeals rarely reverse 
verdicts.
    The revised Criminal Procedure Law was designed to address many of 
these deficiencies and give defense lawyers a greater ability to argue 
their clients' cases. The amendments abolish a form of pretrial 
detention called ``shelter and investigation,'' expand the right to 
counsel, put limits on nonjudicial determinations of guilt, and 
establish a more transparent, adversarial trial process. However, the 
amendments do not bring the country's criminal procedures into full 
compliance with international standards. For example, in ``state 
secrets'' cases, the revised Criminal Procedure Law authorizes 
officials to deny suspects access to a lawyer while their cases are 
being investigated. The definition of state secrets is broad and vague 
and subject to independent interpretation by police, prosecutors, and 
judges, at different stages in a criminal case. Uncertainty regarding 
the scope and application of this statute has created concern about a 
detainee's right to legal assistance.
    Nevertheless, there are signs that members of the public are 
beginning to use the court system and the new legal remedies available 
to it to protect their rights and to seek redress for a variety of 
government abuses. The Supreme People's Court reported in March 1998 
that citizens had filed 90,000 lawsuits against government officials in 
1997. In May Leng Wanbao sued the Jilin Province Supreme People's Court 
for $136,000 (1.13 million rmb) for wrongly being jailed for 
``counterrevolutionary crimes'' stemming from his involvement in the 
1989 Tiananmen protests. In September a Shanxi court awarded a man $966 
(8,000 rmb) in compensation for having been sentenced unjustly to 1 
year of reeducation. Nonetheless, in politically sensitive cases, a 
decision in favor of the dissident remains rare. Shanghai resident Lin 
Hai, who was arrested in March 1998, was convicted in January and 
sentenced to a 2-year prison term for ``inciting subversion of state 
power.'' Lin's crime had been providing e-mail addresses to an overseas 
Internet web magazine critical of the Government. A higher court 
rejected his subsequent appeal. Lin was released on September 23, 6 
months before the end of his term. In March, police held activist Lai 
Jingbiao for 5 days; in June a court in Hangzhou dismissed his wrongful 
detention suit against the police. In June political essayist Fang Jue 
received a 4-year prison sentence for ``economic crimes'' and his 
subsequent appeals were denied.
    The first Lawyers' Law, designed to professionalize the legal 
profession, took effect in 1996. Subsequently the Ministry of Justice 
drafted relevant regulations to standardize professional performance, 
lawyer-client relations, and the administration of lawyers and law 
firms. It also granted lawyers formal permission to establish law 
firms, set educational requirements for legal practitioners, encouraged 
free legal services for the general public, and provided for the 
disciplining of lawyers. Government officials state that there is an 
insufficient number of lawyers to meet the country's growing needs. The 
Justice Ministry set a target of 150,000 lawyers, 30,000 notaries, and 
40,000 grassroots legal service centers by the year 2000. In March 
Justice Minister Gao Changli said that the country has over 110,000 
lawyers. According to official reports, there are some 9,000 law 
offices. Lawyers are organizing private law firms that are self-
regulating and do not have their personnel or budgets determined 
directly by the State. More than 60 legal aid organizations have been 
established around the country, and the Ministry of Justice is 
establishing a nationwide legal services hot line.
    Defendants frequently have found it difficult to find an attorney 
willing to handle sensitive political cases. Government-employed 
lawyers still depend on official work units for employment, housing, 
and other benefits, and therefore many may be reluctant to represent 
politically sensitive defendants. In January dissident Wang Ce was 
tried and defended himself, reportedly because lawyers recommended by 
the court refused to take his case. Nonetheless, a Beijing lawyer who 
had represented Wei Jingsheng, Xu Wenli, and Fang Jue in the past, 
agreed to represent Jiang Qisheng, who remained in detention at year's 
end. In December 1998, authorities blocked attempts by prominent 
dissidents Wang Youcai and Qin Yongmin to hire lawyers of their own 
choosing. There were no new reports of the Government revoking the 
licenses of lawyers representing political defendants, as it sometimes 
has done in the past. However, Liu Jian, a criminal defense attorney, 
reportedly was detained in July 1998 after most of the witnesses he had 
called refused to testify at the trial of a local official charged with 
taking bribes; Liu was charged with ``illegally obtaining evidence'' 
and was detained for 5 months. Liu reportedly was held incommunicado 
for 10 days, and was beaten and tortured in detention in an effort to 
force a confession. He eventually pled guilty in exchange for a light 
sentence, but his criminal record prevents him from practicing law.
    Lawyers who try to defend their clients aggressively often have 
problems with police and prosecutors. In 1998 the SecretaryGeneral of 
the All China Lawyer's Association said that in the previous 3 years 
the group had received 59 complaints from lawyers who had been 
threatened or harassed by law enforcement officials. He predicted that 
it would take 3 to 5 years for the new Criminal Procedure Law to take 
root in the legal system. He called for better protection of lawyers 
and their legitimate role in the adversarial process.
    The lack of due process is particularly egregious in death penalty 
cases. The number of capital offenses has increased from 26 to 65 as 
amendments were added to the 1979 Criminal Law. They include financial 
crimes such as counterfeiting currency. A higher court nominally 
reviews all death sentences, but the time between arrest and execution 
is often days and sometimes less, and reviews consistently have 
resulted in the confirmation of sentences. In March the state-run press 
reported that the Supreme People's Court had upheld the death sentences 
for two Zhejiang farmers convicted of issuing fake value-added tax 
invoices worth tens of millions of dollars (several hundred million 
rmb). Also in March, a banker in Hunan province was sentenced to death 
for embezzling $24.4 million (202 million rmb). The death sentence 
reportedly was suspended for 2 years. On May 12, seven high-ranking 
Communist Party officials were sentenced to death for smuggling or 
corruption. Six of the officials were executed on June 7. In late June, 
58 persons reportedly were executed for drug trafficking. In September 
public sentencing rallies reportedly were held in Guangdong prior to 
the National Day celebrations on October 1; 818 violent criminals were 
sentenced in this manner, 238 of them to death. Minors and pregnant 
women are expressly exempt from the death sentence, and only those 
theft cases involving banks or museums warrant capital punishment. 
Based on a review of Chinese press accounts, Amnesty International (AI) 
reported that in 1998 2,701 persons were sentenced to death (compared 
with over 3,152 in 1997 and 6,100 in 1996 in the midst of the anticrime 
``Strike Hard'' campaign) and 1,769 executions were carried out 
(compared with 1,876 in 1997 and 4,367 in 1996). AI believes that 
actual figures were higher because not all death penalties or 
executions are reported, and the authorities can manipulate such 
information. Officials say that new safeguards placed on sentencing and 
execution have reduced the number of death penalty cases. The number of 
executions that were reported in the Xinjiang Uighur Autonomous Region 
was particularly high; according to AI, scores of Uighurs, many of whom 
were reportedly political prisoners, have been sentenced to death and 
executed in Xinjiang since 1997 (see Section 1.e.).
    In recent years, credible reports have alleged that organs from 
some executed prisoners were removed, sold, and transplanted. Officials 
have confirmed that executed prisoners are among the sources of organs 
for transplant but maintain that consent is required from prisoners or 
their relatives before organs are removed. There is no national law 
governing organ donations, but a Ministry of Health directive 
explicitly states that buying and selling human organs and tissues is 
not allowed. In February 1998, two Chinese nationals were charged in a 
foreign court with attempting to sell human organs allegedly taken from 
the bodies of executed prisoners; the charges were dropped in November. 
At least one Western country has asked repeatedly for information on 
government investigations of alleged organ trafficking, but to date no 
information has been released. There have been credible reports in the 
past that patients from abroad had undergone organ transplant 
operations on the mainland, using organs removed from executed 
criminals.
    The authorities sentence persons administratively without trial to 
terms of 1 to 3 years in reeducation-through-labor camps. According to 
international press reports, some 230,000 persons are serving sentences 
in reeducation through labor camps. By one estimate, 1.7 million 
persons per year may also be detained under custody and repatriation or 
similar regulations, which allow ``undesirable'' persons in urban areas 
to be detained administratively and/or returned to their registered 
place of residence (see Section 1.d.). Defendants legally are entitled 
to challenge reeducation-through-labor sentences under the 
Administrative Litigation Law. Persons can gain a reduction in, or 
suspension of, their sentences after appeal, but appeals are usually 
not successful because of problems such as short appeal times and 
inadequate legal counsel that weaken the effectiveness of the law in 
preventing or reversing arbitrary decisions.
    Government officials deny that China holds any political prisoners, 
asserting that authorities detain persons not for their political or 
religious views, but because they violate the law. However, the 
authorities continued to confine citizens for political and religious 
reasons. It is estimated that thousands of political prisoners remain 
incarcerated, some in prisons and others in labor camps.
    The 1997 Criminal Law replaced ``counterrevolutionary'' offenses, 
which often, in the past, had been used against the Government's 
political opponents, with loosely defined provisions barring ``crimes 
endangering state security.'' In September 1998, officials said that 
there were 1,946 individuals in prisonsserving sentences under the 
Counterrevolutionary Law. Persons detained for such offenses included 
Hu Shigen, Kang Yuchun, Liu Wensheng, Yu Zhijian, Zhang Jingsheng, and 
Sun Xiongying. Several foreign governments urged the Government to 
review the cases of those charged with counterrevolution, given that 
the crime was no longer on the books, and release those who had been 
jailed for nonviolent offenses under the old statute. Officials have 
indicated that a case-by-case review of appeals filed by individual 
prisoners is possible under the law, and there is one known case of a 
successful appeal. However, the Government indicated that it would 
neither initiate a broad review of cases nor grant a general amnesty, 
arguing that ``crimes'' covered by the law on counterrevolution still 
are considered crimes under the Law on State Security. Those charged 
with counterrevolutionary crimes continue to serve their sentences.
    The Government released early at least two political prisoners. 
Journalist Gao Yu was released in February after serving more than 5 
years in prison. Also in February, Sun Weiban was released after 
serving 9\1/2\ years of a 12-year-sentence for his activities during 
the 1989 prodemocracy movement. In September Internet dissident Lin Hai 
was released 6 months before the end of his term. However, many others, 
including Cai Guihua, Chadrel Rinpoche, Chen Lantao, Fan Zhongliang, 
Han Chunsheng, Jigme Sangpo, Li Bifeng, Li Hai, Ngawang Choephel, 
Ngawang Sangdrol (see Tibet Addendum), Qin Yongmin, Shen Liangqing, 
Wang Youcai, Xu Guoxing, Xu Wenli, Xu Yongze, Yang Qinheng, Zhang Lin, 
Zhang Shanguang, Zhao Changqing, and Zhou Yongjun remained imprisoned 
or under other forms of detention during the year. In addition the 
authorities summarily tried and sentenced a large number of political 
dissidents to long prison terms. In March Guo Shaokun was given a 2-
year sentence, reportedly for informing overseas human rights groups 
and media of a protest by farmers. In July a court in Gansu sentenced 
labor activists and CDP members Yue Tianxiang, Guo Xinmin, and Wang 
Fengshan for subversion to 10, 2, and 2 years, respectively. In 1 week 
in August, courts in Beijing and Sichuan sentenced CDP activists Gao 
Hongming to 8 years, Zha Jianguo to 9 years, She Wanbao to 12 years, 
and Liu Xianbin to 13 years--all for alleged subversion. Also in 
August, poet Yu Xinjiao, who had founded the ``Literary Renaissance 
Party,'' was sentenced to 7 years for alleged rape. Four members of the 
Falun Gong spiritual movement were sentenced to prison terms ranging 
from 7 to 18 years in December (see Sections 1.d. and 2.c).
    Criminal punishments can include ``deprivation of political 
rights'' for a fixed period after release from prison, during which the 
individual is denied rights of free speech and association. Former 
prisoners also can find their status in society, ability to find 
employment, freedom to travel, and access to residence permits and 
social services severely restricted. Economic reforms and social 
changes have ameliorated these problems for nonpolitical prisoners in 
recent years. However, former political prisoners and their families 
frequently are subjected to police surveillance, telephone wiretaps, 
searches, and other forms of harassment, and may encounter difficulty 
in obtaining or keeping employment and housing. There were reports that 
the harassment of dissidents and their families increased during the 
year.
    f. Arbitrary Interference With Privacy, Family, Home, 
Correspondence.--Government interference in daily personal and family 
life continues to decline for the average citizen. In urban areas, most 
persons still depend on government-linked work units for housing, 
permission to have a child, approval to apply for a passport, and other 
aspects of ordinary life. However, the work unit and the neighborhood 
committee, which originally were charged with monitoring activities and 
attitudes, have become less important as means of social or political 
control.
    Despite legal protections, authorities often do not respect the 
privacy of citizens in practice. Although the law requires warrants 
before law enforcement officials can search premises, this provision 
frequently has been ignored; moreover, the Public Security Bureau and 
the procuratorate can issue search warrants on their own authority. The 
Constitution states that ``freedom and privacy of correspondence of 
citizens are protected by law.'' However, in practice, authorities 
often monitor telephone conversations, facsimile transmissions, 
electronic mail, and Internet communications of foreign visitors, 
businessmen, diplomats, and journalists, as well as dissidents, 
activists, and others. The security services routinely monitor and 
enter the residences and offices of foreigners to gain access to 
computers, telephones, and fax machines. All major hotels have a 
sizable internal security presence. Authorities also open and censor 
domestic and international mail. Han Chunsheng, a Voice of America 
(VOA) listener who allegedly sent over 20 letters critical of the 
Government to a VOA mailbox, remains in prison on an 8-year sentence 
for counterrevolutionary incitement and propaganda. Government security 
organs monitor and sometimes restrict contact between foreigners and 
citizens.
    Some dissidents are under heavy surveillance and routinely had 
their telephone calls with foreign journalists and diplomats monitored; 
there were reports that surveillance of dissidents increased during the 
year. Before he was arrested and sentenced to 8 years in prison for 
alleged subversion, Beijing CDP member Gao Hongming's meetings with 
foreign diplomats often were monitored and sometimes even videotaped by 
security personnel. Some dissidents were blocked from meeting with 
foreigners during politically sensitive periods. Ding Zilin, an 
organizer of relatives of victims of the Tiananmen massacre, was 
prevented on at least one occasion from meeting a foreign diplomat when 
police restricted her and her husband to their Beijing home. The sister 
of one jailed dissident was ordered not to meet with a foreign diplomat 
on the eve of October 1 celebrations marking the 50th anniversary of 
the founding of the People's Republic of China. Dissidents routinely 
are warned not to speak with the foreign press. Authorities also 
harassed and monitored the activities of relatives of dissidents. For 
example, security personnel keep close watch on relatives of prominent 
dissidents such as Chen Ziming, particularly during sensitive periods. 
Security personnel followed He Xintong, the wife of Xu Wenli, and Wei 
Xiaotao, the brother of Wei Jingsheng, to meetings with Western 
reporters and diplomats on numerous occasions. Internet dissident Lin 
Hai's father and wife were reportedly under police supervision at a 
local hotel in January during Lin's trial (see Section 1.e.). In August 
the wife of Wu Yilong reportedly was detained; the authorities 
confiscated a computer, books, and other items from her. On the day the 
Nobel Peace Prize was announced in Sweden, relatives of Wei Jingsheng 
and Wang Dan, both of whom were nominated for the prize, were detained.
    Government harassment has prevented relatives of Chen Ziming, Qin 
Yongmin and other dissidents from obtaining and keeping steady 
employment. In April police visited the wife of jailed CDP leader Xu 
Wenli to warn her not to ``stir up trouble'' while Chinese Premier Zhu 
Rongji was visiting the United States. Xu's daughter, who is a student 
in the United States, recently had published an open letter in a major 
American newspaper calling for her father's release. In mid-June, the 
NGO Human Rights In China (HRIC) sent a $20,000 wire transfer, made up 
of funds raised from within the overseas Chinese community, to a bank 
account in China. The funds were intended to help victims of the June 
4, 1989 Tiananmen massacre, as well as the families of dissidents. In 
late July, Li Ling, the intended recipient of the funds, was detained 
by public security officers and interrogated. Public security officials 
forced Li Ling to withdraw the money from the bank and confiscated it. 
By year's end, the money had not been returned. The Government 
continued to freeze a bank account kept by activist Ding Zilin to help 
the families of Tiananmen massacre victims, an action criticized by 
dissidents within China and human rights organizations abroad. Police 
sometimes detained the relatives of dissidents (see Sections 1.d. and 
2.a.).
    The Government continued to encourage expansion of the Internet and 
other communications infrastructure and put more official information 
online, and the number of sites increased from 25 to 2400; however, the 
Government increased monitoring of the Internet during the year, and 
placed restrictions on information available on the Internet. Internet 
use is expanding exponentially, creating a potentially powerful channel 
of information to the computer literate. The Government reported that 
2.1 million persons and 744,000 computers were connected to the 
Internet as of the end of 1998. By the end of the year, actual users 
were believed to number as many as 8.9 million.
    The Government has special Internet police units to monitor and 
increase control of Internet content and access. In January the 
Ministry of State Security, Information Industry, and Culture, along 
with the State Administration of Industry and Commerce, issued a 
circular requiring Internet bars and cafes--locations where customers 
can rent time on Internet computers--to register. The circular also 
required managers of such bars to curtail access to information on the 
Internet that is prohibited by law or regulation, and to monitor and 
report on customers who use the terminals. In February the Government 
announced the creation of a new committee charged with ``protecting 
government and commercial confidential files on the Internet, 
identifying net users, and defining rights and responsibilities.'' The 
new entity was created to ``guard individual and government users, 
protect information by monitoring and keeping it from being used 
without proper authorization.'' One human rights group reported a 
national police directive ordering the special units to monitor 
Internet bulletin boards for ``reactionary'' notices. According to the 
directive, if such a posting were discovered, police were to contact 
the bulletin board service to seek assistance in tracing the message. 
Bulletin boards that did not stop such ``seditious'' messages from 
being posted would be shut down. A spokesman for the Government denied 
the existence of any such directive. Nevertheless, a popular bulletin 
board called ``Everything Under the Sun,'' which had carried messages 
discussing the 10th anniversary of the Tiananmen massacre, was shut 
down in January, several days after a government newspaper criticized 
it for attacking government policies and leaders. Another 
popularbulletin board, the ``New Wave Network,'' which featured 
political discussion, also was closed in February. In May at least one 
bulletin board related to the bombing of the Chinese Embassy in 
Belgrade was shut down. In the period prior to the sensitive Tiananmen 
anniversary, at least one web site based in Beijing closed its chat 
rooms as a preventive, self-censorship measure. In May the press 
reported that Shanghai authorities had issued a notice that restricted 
pager services and Internet access providers, among others, from 
transmitting ``political information'' or information that could harm 
social stability. On October 7, the Government issued State Council 
Order Number 273, which required firms using encryption products or 
equipment with encryption technology to register with the Government by 
January 31, 2000. The order provided that after the initial 
registration, firms using encryption technology would be required to 
provide the names, phone numbers, and e-mail addresses of all persons 
using such technology. In addition, the order limited the import or 
sale of foreign encryption technology within the country. At year's 
end, it was unclear whether these regulations would be enforced 
effectively.
    Authorities have blocked at various times politically ``sensitive'' 
web sites, including those of dissident groups and some major foreign 
news organizations, such as the Voice Of America, the Washington Post, 
the New York Times, and the British Broadcasting Corporation (BBC). Web 
pages run by Falun Gong followers were targeted specifically by the 
Government as part of its crackdown against the group that began in 
July. According to one Western press report, an attack against a 
foreign-based Falun Gong web site was traced back to government 
security departments. In October a Hong Kong-based human rights 
organization reported that Zhang Haitao, a computer engineer in Jilin 
who had designed and operated a Falun Gong website, was arrested on 
July 29. Zhang's website reportedly was shut down on July 24. In August 
the official press announced that police were using the Internet to 
wage ``war on the web'' against criminals, reportedly employing the 
Internet to apprehend criminals. Nonetheless, a number of human rights 
web pages continue to be accessible, including that of the Tibet 
government-in-exile. The Government's efforts to block content and 
control usage have had only limited success because sophisticated users 
can bypass site blocking, and, more importantly, the number of Internet 
sites that provide outside information and news is growing so rapidly. 
In October new rules restricted Chinese news sites from creating links 
to foreign news sites. The links disappeared temporarily, but were back 
in December. Further, censorship of the Internet appears to be applied 
inconsistently, and some Internet service providers practice self-
censorship.
    E-mail and e-mail publications are more difficult to block, 
although the Government attempts to do so by at times blocking all e-
mail from overseas Internet service providers used by dissident groups. 
The VOA Chinese-language e-mail news server was blocked beginning in 
April, except for a brief period in July. There also have been reports 
that the Government is trying to develop an e-mail filtration system to 
block antigovernment messages from entering the country; a project on 
such a system at Shenzhen University in Guangdong reportedly is 
sponsored by the Ministry of Education. Human Rights Watch reports that 
in May the Ministry of Labor and Social Security (MOLSS) installed 
monitoring devices at the facilities of Internet service providers that 
can track individual e-mail accounts. The authorities also target some 
e-mail users and read their e-mail. Dissident groups abroad use e-mail 
to send publications and disseminate information to readers in China, 
and a small but growing number of activists within the country 
communicate this way as well. An e-mail magazine called VIP Reference 
News publishes articles mainly from overseas sources on many news 
stories not covered by the official media. In September Qi Yanchen of 
Hebei was arrested, most likely for having contact with VIP Reference 
News; his computer, fax, and notes were allegedly confiscated. At least 
one dissident has set up his own web site. Some dissident groups, 
including the China Democracy Party, have established web sites based 
overseas. When a dissident is harassed or detained, activists using e-
mail, faxes, telephones, and pagers can spread the word quickly to 
colleagues around the country and to the international community.
    There is no effective enforcement of 1997 State Council regulations 
requiring those involved in international networking to apply for 
licenses and provide details regarding the scope and nature of their 
activities. The State Council also promulgated a comprehensive list of 
prohibited Internet activities, including using the Internet to 
``incite the overthrow of the Government or the Socialist system'' and 
``incite division of the country, harming national unification.'' The 
regulations, which came into effect in December 1997, provide for fines 
and other unspecified punishments to deal with violators. Shanghai 
businessman Lin Hai, convicted in January of trying to undermine state 
power for providing VIP Reference with some 30,000 e-mail addresses, 
was released in September, 6 months before the end of his term. The 
authorities continue to jam VOA broadcasts on an ad hoc basis, but the 
effectiveness of this interference varies considerably byregion, with 
audible signals of the VOA and other short-wave broadcasters reaching 
most parts of the country (see Section 2.a.). Dissidents and average 
citizens in Beijing report varying degrees of difficulty in picking up 
VOA, but VOA believes that these reception problems are mainly 
technical and not due to intentional Government interference. 
Government jamming of Radio Free Asia (RFA) appears to be more frequent 
and effective (see Section 2.a.). In the absence of an independent 
press, overseas broadcasts such as VOA, BBC, RFA, and Radio France 
International have a large audience, including activists, ordinary 
citizens, and even government officials. Che Hongniang, a dissident in 
Jinan, was sentenced to reeducation, in part for two letters he wrote 
to the Hong Kong office of VOA.
    The Government continued to implement comprehensive and often 
intrusive family planning policies. The State Family Planning 
Commission (SFPC) formulates and implements policies with assistance 
from the Family Planning Association, which has 83 million members in 
1.02 million branches nationwide. Officials have predicted that the 
population will reach almost 1.6 billion in the year 2044 if current 
birth rates continue. Most Chinese demographers estimate fertility at 
2.1 births per woman (although the official figure is 1.8)--indicating 
that the ``one-child policy'' is not applied uniformly to Chinese 
couples. Couples in urban areas are affected most by family planning 
guidelines, seldom receiving permission to have more than one child, 
although urban couples who themselves were only children may have two 
children. In general economic development--as well as factors such as 
small houses and high education expenses--in major urban centers has 
reached a level where couples often voluntarily limit their families to 
one child. There were signs that, due to the success of the one-child 
policy in urban areas, the Government was beginning to relax its 
policies in the cities. In May the official press reported that 
although couples in Beijing were still limited to one child, effective 
October 1 they were no longer required to obtain a family planning 
certificate before having their child. At year's end, the effect of 
this change was unknown. Unmarried women cannot get permission to have 
a child.
    Outside the cities, exceptions to the ``one-child policy'' are 
becoming the norm. The average number of children per family in rural 
areas, where 70 percent of citizens still live, is slightly over two. 
Although rules can vary somewhat by province, in rural areas, couples 
generally are allowed to have a second child if the first is a girl, an 
exception that takes into account both the demands of farm labor and 
the traditional preference for boys. Families whose first child is 
disabled also are allowed to have another child. Ethnic minorities, 
such as Muslim Uighurs and Tibetans, are subject to less stringent 
population controls. Minorities in some rural areas are permitted to 
have as many as four children, but increasingly, authorities are 
pressuring minorities to limit births. Amnesty International reports 
that while members of the Uighur minority in Xinjiang are allowed to 
have 2 children in urban areas and 3 in rural areas, there has in fact 
been pressure for them to have only one. In remote areas, such as rural 
Tibet, there are no effective limits, but Tibetan government employees 
and Party members are encouraged to have only one child (see Section 
5).
    Population control policy relies on education, propaganda, and 
economic incentives, as well as on more coercive measures, including 
psychological pressure and economic penalties. The national family 
planning policy is implemented through provincial and local 
regulations. According to local regulations in at least one province, 
women who do not qualify for a Family Planning Certificate that allows 
them to have a child must use an intrauterine loop or implant. The 
regulations further require that women who use an intrauterine device 
undergo quarterly exams to ensure that it remains properly in place. If 
a couple has two children, those regulations require that either the 
man or woman undergo sterilization. According to a credible report, 
there was a significant increase in the number of couples undergoing 
sterilization procedures after giving birth to two children in at least 
one inland province. Rewards for couples who adhere to family planning 
policies include monthly stipends and preferential medical and 
educational benefits. In June the press in Guangzhou reported that 
Yangchun city had issued ``certificates of preferential treatment'' to 
15,000 one-child families, and that city authorities purchased ``old-
age insurance'' for 6,230 families to reward them for having only one 
child. Disciplinary measures against those who violate policies can 
include fines (sometimes called a ``fee for unplanned birth'' or a 
``social compensation fee''), withholding of social services, demotion, 
and other administrative punishments that sometimes result in loss of 
employment. Fines for giving birth without authorization vary, but they 
can be a formidable disincentive. According to the State Family 
Planning Commission (SFPC) 1996 Family Planning Manual, over 24 million 
fines were assessed between 1985 and 1993 for children born outside 
family planning rules. In Quanzhou, Fujian province, the fine for 
violating birth quotas is three times a couple's annual salary, to be 
paid over a 12 to 13 year period. In Shanghai the fine is also three 
times the combined annual salary of the parents. In Zhejiang province, 
violatorsare assessed a fine of 20 percent of the parents' salary paid 
over 5 years. According to Guizhou provincial family planning 
regulations published in July 1998, families who exceed birth quotas 
are to be fined two to five times the per capita annual income of 
residents of their local area. The regulations also stipulate that 
government employees in Guizhou who have too many children face the 
loss of their jobs. In many provinces, penalties for excess births in 
an area also can be levied against local officials and the mother's 
work unit, thus creating multiple sources of pressure. In Guizhou, for 
example, regulations state that officials in an area in which birth 
targets are not met cannot be promoted in that year. Unpaid fines 
sometimes have resulted in confiscation or destruction of homes and 
personal property by local authorities. In June Anhui province 
promulgated amended family planning rules that stated that each couple 
``is encouraged'' to have only one child, that second births are 
``strictly controlled,'' and that ``unplanned births are forbidden.'' 
Childbearing-age couples are required periodically to take part in 
pregnancy tests and ``practice effective contraceptive measures.'' 
Couples already having a child should adopt long-term birth control 
measures. In the cases of families that already have two children, one 
of the parents ``is encouraged to undergo sterilization.'' In addition, 
the rules state that ``unplanned pregnancies must be aborted 
immediately.''
    Central government policy formally prohibits the use of force to 
compel persons to submit to abortion or sterilization; however, intense 
pressure to meet family planning targets set by the Government has 
resulted in documented instances in which family planning officials 
have used coercion, including forced abortion and sterilization, to 
meet government goals. During an unauthorized pregnancy, a woman often 
is paid multiple visits by family planning workers and pressured to 
terminate the pregnancy. In 1998 a former Fujian province local family 
planning official stated that local authorities in a Fujian town 
systematically used coercive measures such as forced abortion and 
sterilization, detention, and the destruction of property to enforce 
birth quotas. After the Fujian allegations were made public, the SFPC 
sent a team led by a senior official to investigate the charges. In a 
meeting with foreign diplomats, the senior official did not deny that 
abuses may have occurred, but insisted that coercion was not the norm, 
nor government policy, nor sanctioned by central authorities in 
Beijing. There were reports that, after the central government's 
investigation, local officials in Fujian scaled back the intensity of 
their family planning enforcement efforts. The Government provided more 
information on cases of local officials who had been punished for 
carrying out coercive family planning measures, including to a 
delegation representing a foreign country's parliament. Senior 
officials have said repeatedly that the Government ``made it a 
principle to ban coercion at any level.'' They acknowledge that 
problems persist and insist on the Government's determination to 
address such problems. The SFPC states that it has issued circulars 
nationwide prohibiting family planning officials from coercing women to 
undergo abortions or sterilization against their will. Under the State 
Compensation Law, citizens also can sue officials who exceed their 
authority in implementing family planning policy, and there are a few 
instances in which individuals have exercised this right.
    Corruption related to family planning fines is a widespread 
problem. In March the press reported that one city in Henan province 
had punished 879 party members and government officials for corruption 
in family planning. One study reported in January that a survey of nine 
towns in Jiangsu province revealed that a total of $717,000 (5.907 
million rmb) in ``unplanned-birth fees'' had been levied in 1997. The 
study reported that the collection of unfair and unregulated unplanned-
birth fees ``aroused the resentment of the masses.''
    In late 1998, the United Nations Population Fund (UNFPA) launched a 
4-year pilot project in 32 counties to address family planning and 
reproductive health issues solely through the use of voluntary measures 
on an experimental basis, emphasizing education, improved reproductive 
health services, and economic development. The SFPC worked closely with 
the UNFPA to prepare informational materials and to provide training 
for officials and the general public in the project counties. In 
particular, in order to meet the conditions established by the UNFPA 
for the implementation of the program, the SFPC and the UNFPA jointly 
prepared a pamphlet for distribution to all households in the 32 
project counties to inform them about the UNFPA program, including the 
requirement that birth quotas be eliminated in those counties. Although 
it is still too early for an overall assessment of this program, it is 
clear from visits to selected counties by foreign diplomats that 
progress in implementing the program has been mixed. Some counties have 
made appreciable progress in implementing the program, while others 
have made relatively little. Notably, some counties have informed the 
general public about the UNFPA program and have eliminated the system 
of strict, government-assigned birth quotas; other counties have not 
yet done so, or have only begun to do so. However, the Government has 
welcomed foreign delegations toinspect the UNFPA project counties. 
Although access to these areas has varied from province to province, 
foreign diplomats visited several counties during the year, and a group 
of foreign parliamentary staff inspected two counties, one in Guizhou 
province and another in Chongqing municipality, in September.
    Regulations forbid the termination of pregnancies based on the sex 
of the fetus, but because of the traditional preference for male 
children, particularly in rural areas, some families have used 
ultrasound to identify female fetuses and terminate pregnancies. Use of 
ultrasound for this purpose is prohibited specifically by the Maternal 
and Child Health Care Law, which came into effect in 1995 and calls for 
punishment of medical practitioners who violate the provision. 
According to the SFPC, a handful of doctors have been charged under 
this law. Government statistics put the national ratio of male to 
female births at 114 to 100; the World Health Organization estimates 
the ratio to be 117 to 100. The statistical norm is 106 male births to 
100 female births. These skewed statistics reflect both the 
underreporting of female births so that parents can keep trying to 
conceive a boy, and the abuse of sonograms and the termination of 
pregnancies based on the sex of the fetus. Female infanticide, 
abandonment, or the neglect of baby girls that results in lower female 
survival rates are also factors. State-run media is paying increasing 
attention to unbalanced birth ratios, and the societal problems, such 
as trafficking in women, which they cause (see Section 6.f.). In the 
cities the traditional preference for sons is changing.
    There reportedly have been instances in which pregnant prisoners in 
reeducation-through-labor camps were forced to submit to abortions (see 
Section 1.c.).
    The Maternal and Child Health Care Law requires premarital and 
prenatal examinations to determine whether couples have acute 
infectious diseases or certain mental illnesses (not including mental 
retardation), or are at risk for passing on debilitating genetic 
diseases. The Ministry of Health implements the law, which mandates 
abortion or sterilization in some cases, based on medical advice. The 
law also provides for obtaining a second opinion and states that 
patients or their guardians must give written consent to such 
procedures (see Section 5). At least five provincial governments have 
implemented local regulations seeking to prevent persons with severe 
mental disabilities from having children. In August 1998 the Government 
issued an ``explanation'' to provincial governments clarifying that no 
sterilization of persons with genetic conditions could be performed 
without their signed consent.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution states that 
freedom of speech and of the press are fundamental rights to be enjoyed 
by all citizens; however, the Government restricts these rights in 
practice. The Government interprets the Communist Party's ``leading 
role,'' as mandated in the preamble to the Constitution, as 
circumscribing these rights. The Government does not permit citizens to 
publish or broadcast criticisms of senior leaders or opinions that 
directly challenge Communist Party rule. The Party and Government 
continue to control many--and, on occasion, all--print and broadcast 
media tightly and use them to propagate the current ideological line. 
There are more than 10,000 openly distributed publications, including 
2,500 newspapers. All media employees are under explicit, public orders 
to follow CCP directives, and ``guide public opinion'' as directed by 
political authorities. Both formal and informal guidelines continue to 
require journalists to avoid coverage of many politically sensitive 
topics. Journalists also must not divulge ``state secrets'' in 
accordance with the State Security Law. These public orders, 
guidelines, and statutes greatly restrict the freedom of broadcast 
journalists and newspapers to report the news and lead to a high degree 
of self-censorship. Overall, during the year press freedom deteriorated 
further. During the early part of the year, newspaper closures or 
suspensions increased; efforts by the authorities to block the 
reception of foreign news also increased during the year, particularly 
prior to sensitive anniversaries.
    More than in recent years, the press was exploited by the 
Government as an effective propaganda tool to disseminate an official 
line. For example, in its press coverage of NATO's action against 
Serbia, NATO was depicted as bent on using the conflict in Kosovo as an 
excuse to expand its influence. Casualties caused by NATO attacks on 
Serb forces received prominent coverage, but there was almost no 
mention of the plight of ethnic Albanian Kosovars. The Government's 
manipulation of the press to mold public opinion had violent results 
when demonstrators targeted foreign diplomatic facilities in Beijing 
after NATO's mistaken bombing of the Chinese embassy in Belgrade.
    Journalists were given explicit instructions during the year to 
minimize coverage of negative issues and emphasize positiveachievement 
in preparation for the October 1 celebration of the 50th anniversary of 
the founding of the PRC. The general worsening of the political 
atmosphere greatly increased the tendency of journalists, writers, and 
publishers to censor themselves.
    In July and August, the Government mobilized the official media in 
a nationwide crackdown against the Falun Gong spiritual movement. Some 
citizens commented privately that the unrelenting diatribe against 
Falun Gong was reminiscent of Cultural Revolution era propaganda 
campaigns. Falun Gong was banned on July 22. For weeks anti-Falun Gong 
propaganda dominated the nightly news, which consisted almost solely of 
details of Falun Gong's alleged crimes and the effectiveness of the 
Government's campaign to crush the illegal group. Special programs were 
broadcast about Falun Gong's alleged ``evil nature'', including 
testimonials by people claiming to be former Falun Gong practitioners, 
who recounted how they had been duped by the ``cult.'' At year's end, 
the campaign against the Falun Gong in the media continued, with 
articles appearing regularly in the media, though with far less 
frequency than at the campaign's height.
    The Government strictly regulates the establishment and management 
of publications. As in previous years, the Government continued to 
close down publications and punish journalists for printing material 
deemed to be too sensitive. Newspaper editors may be suspended and sent 
to the Propaganda Bureau for ``rectification'', after which they can 
generally can return to work in the publishing industry. In the early 
part of the year, the Government began to tighten its control of the 
press. Liberal publications in particular were targeted. In January 
alone, the Guangzhou-Hong Kong Daily News reportedly was ordered by 
authorities to dismiss its management staff, after the newspaper 
challenged the official economic growth rate and mentioned the lack of 
accountability among the country's leaders; two Guangdong newspapers, 
the New Weekly and the Shenzhen Pictorial Journal, were suspended for 
mentioning the June 4, 1989 Tiananmen Square incident; and six 
Guangdong newspapers, including New Stage, Chic, and Street, were 
closed (at least one of these reportedly was closed for printing 
controversial articles). In March, the Government ordered the closure 
of a popular Beijing-based intellectual magazine, Fangfa, because it 
continued to publish articles calling for political reform. The 
Government stopped issuing permits for new magazines or newspapers in 
March, and in September ordered the closure or merger of many smaller 
periodicals, ostensibly in an effort to reduce the number of 
unprofitable publications, but also to exercise more effective control 
over the content of existing publications. Some publishers found ways 
to circumvent the restrictions and publish new newspapers or magazines, 
often as weekend or monthly supplements to already existing 
publications. In April, the Hong Kong-based newspaper Ming Pao reported 
that the Communist Party committee in southern Guangdong had banned all 
articles about the events of June 4, 1989 and the improper use of 
material from the Internet. In May the Government ordered the recall 
and destruction of thousands of copies of the journal ``Beijing 
Literature'' because it advocated democratic reform. In early June, the 
editorial pages of international newspapers were removed before 
delivery. In September an edition of Time magazine that commemorated 
the country's 50th anniversary was banned and pulled from the shelves; 
it contained articles by exiled dissidents Wei Jingsheng and Wang Dan. 
Editions of Asiaweek and Newsweek editions also were banned around that 
time. With the Government's consent and even open support, the press 
continued to publish stories related to official corruption, official 
misconduct and gross abuses, particularly by law enforcement officials, 
citizens' rights, and legal reform. In January the state-run media 
reported that the former chief and deputy of the Anticorruption Bureau 
of the Supreme People's Procuratorate had been dismissed for 
corruption. The press published numerous articles and interviews with 
senior officials, such as Supreme People's Court President Xiao Yang, 
calling for further reform and improvement of the judicial system and 
an end to corruption in the courts.
    Hong Kong and foreign journalists were subjected to harassment and 
detention during the year. According to reports, Gao Shaokun, a 
policeman, was sentenced to 2 years in prison for telling the foreign 
press about a peasant protest in March. In April journalist Ma Xiaoming 
was arrested in Shaanxi province while trying to report on a tax 
protest by farmers. In mid-June, 10 Hong Kong journalists were detained 
in Beijing. They were covering the visit of three Federation of 
Students representatives to petition the Standing Committee of the 
People's National Congress regarding its interpretation of the Basic 
Law. The journalists' film and videotape reportedly were seized by the 
authorities, and they reportedly were required to write letters stating 
that they understood the rules for reporting on the mainland, including 
a ban on reporting near Tiananmen Square, before their release.
    A combination of government repression and rising nationalism 
created a tense political atmosphere that took its toll on 
therelatively open debate among intellectuals--often at public seminars 
and political salons-- that the government had tolerated for most of 
1997 and 1998. CDU founder Peng Ming remained in a labor camp serving 
an 18-month sentence. The CDU's open discussion of economic, political, 
and social issues ended due to government pressure. In early March, a 
weekly book discussion group at a popular independently owned bookstore 
was terminated by the owners after they were told that they would need 
police permission to hold gatherings in the store in the future. On May 
4, the authorities prevented 30 dissidents from holding a seminar to 
discuss the spirit of May 4 in Changchun. Intellectuals, along with 
others, were required to attend political study sessions that 
propagated the Government's views on the Falun Gong, NATO action in 
Kosovo, and the ``Three Stresses'' campaign, which emphasized loyalty 
to the CCP. The few intellectual groups that continued to meet kept a 
far lower profile than in the previous 2 years, when the Government 
tolerated a greater range of debate, or stuck to less controversial 
subjects for discussion. Many writers chose to defer publication of 
books on sensitive topics such as political reform, in the hope that 
the political climate would relax at some future date.
    During the year, there was an increase in Government censorship of 
the publishing industry. The publishing industry consists of three 
kinds of book businesses: Roughly 500 government-sanctioned publishing 
houses, smaller independent publishers that cooperate with official 
publishing houses to put out more daring publications, and an 
underground press. The 500 government-approved publishing houses are 
the only organizations legally permitted to print books. The Government 
exerts control by issuing a limited number of publishing licenses, 
which are required for each edition of a book. A party member at each 
publishing house monitors the content of the house's publications, 
using the allocation of promotions, cars, travel and other perquisites 
to encourage editors to exercise ``proper'' judgement about 
publications. Overt intervention by the State Publications 
Administration and Party Propaganda Bureau is strictly post-
publication. Independent publishers take advantage of a loophole in the 
law to sign contracts with government publishing houses to publish 
politically sensitive works. These works generally are not subjected to 
the same multi-layered review process as official publications of the 
publishing houses. Underground printing houses, which are growing in 
number, publish the books that are the most popular among the public. 
These underground printing houses are the main target of a campaign 
initiated at the end of 1998 to stop all illegal publications 
(including pornography and pirated computer software and audiovisual 
products), which has restricted the availability of politically 
sensitive books. Many street vendors who sell sensitive works 
apparently have a tacit understanding with the authorities that they 
will look the other way when the vendors sell other illegal 
publications if the vendors stop selling politically sensitive books. 
However, in March the press reported that two street vendors were 
sentenced to 2\1/2\ to 3 years in prison for selling illegal political 
publications. Many illegal works are printed by police or military-
affiliated organizations, which often are not targeted for 
investigation. While governmental efforts have made it somewhat more 
difficult to find these books, they are still available. Pirated 
software, music compact discs, and VCD's are widely and openly 
available. On February 4 author Wang Lixiong was detained in Xinjiang 
while collecting information for a book on the region, and reportedly 
was released on March 1 without charge (see Section 1.d.). There were 
reports early in the year that several politically sensitive books were 
ordered off bookstore shelves, including ``Political China,'' 
``Selected Writings on Liberation,'' and ``Shouts.'' However, the 
enforcement of the order appeared to be uneven, as these books remained 
on bookstore shelves. On May 11, Liu Xianli reportedly was sentenced to 
a 4-year prison term for attempting to publish a work about well-known 
dissidents.
    In December 1998, a new interpretation of the Publications Law by 
the Supreme People's Court took effect. The majority of provisions in 
the new regulations concern intellectual property rights violations and 
the publication of pornographic material. However, one provision 
specifically criminalizes under the State Security Law the 
``publication, distribution, or broadcast'' of material containing 
content intended to ``incite national division, damage national unity, 
incite subversion of national authority, or incite the overthrow of the 
socialist system.''
    In the first several months of the year, some dissidents remained 
active despite the Government's preoccupation with stability. In March 
Liaoning dissident Jiang Lijun organized a petition signed by 44 
dissidents from three northeastern provinces calling on the National 
People's Congress (NPC) to abolish the system of reeducation-through-
labor. In the same month, seven branches of the CDP in Guizhou province 
sent an open letter to the NPC calling on the parliamentary body to 
reassess the Tiananmen massacre. Ding Zilin led a group of 20 relatives 
of Tiananmen victims in writing open letters to the President and 
Premier demanding a full accounting of the Tiananmen tragedy. Also in 
March, Beijing CDP member Gao Hongming established a group to demand 
government compensation for Tiananmen victims and theirfamilies. In 
April 82 dissidents from 6 provinces signed a petition calling for the 
release of Xuzhou-based dissidents Wang Yingzheng and Guo Shaokun. Bao 
Tong, the most senior government official jailed after Tiananmen, sent 
a letter in March to government and party leaders calling for a 
reassessment of the 1989 events.
    The Government's crackdown on dissent, particularly organized 
dissent, begun in 1998, continued. By the middle of the year a series 
of politically sensitive events and anniversaries--the May 8 embassy 
bombing in Belgrade, the June 4 10th anniversary of the Tiananmen 
massacre, and the July crackdown against Falun Gong--were the 
background to the Government's adoption of a policy of near-zero 
tolerance of dissent. As scores of activists around the country were 
arrested and leading dissidents sentenced to lengthy prison terms (see 
Sections 1.d. and 1.e.), almost all dissident activity effectively was 
halted. Open calls for government action became for the most part 
limited to relatives of imprisoned dissidents who called for their 
release. In July the sister of jailed activist An Jun wrote an open 
letter to U.N. Secretary General Kofi Annan seeking assistance in 
persuading the Government to free her brother. The wife of Wang Zechen 
wrote in June to President Jiang Zemin pleading for her husband's 
release.
    The Government kept tight control over the foreign press during the 
year and continued efforts to prevent its ``interference'' in internal 
affairs. The authorities continued to jam Chinese- and Tibetan-language 
broadcasts of Voice of America and Radio Free Asia, particularly the 
latter, with varying degrees of success. In May an official circular 
ordered the dismantlement of all satellite receivers unless the 
Government granted specific permission; hotels, tourist sites, and 
compounds for foreigners were among those to be allowed to have 
receivers. In Fujian on May 6, hundreds of privately owned satellite 
dishes and decoder boxes were confiscated. In May the press reported 
that Shanghai authorities had issued a notice that restricted pager 
services and Internet access providers, among others, from transmitting 
``political information'' or information that could harm social 
stability. Access of the foreign community to Cable News Network (CNN) 
was cut (except at diplomatic compounds) on June 1, and remained 
inaccessible until June 8. In October several foreign journalists were 
questioned by the authorities after attending a clandestine press 
conference given by members of Falun Gong; their press credentials and 
residence permits were confiscated temporarily (see Section 2.c.). Also 
in October, a Japanese journalist was expelled from the country; in 
November a German journalist was expelled, allegedly for possessing 
documents containing state secrets. In February dissident journalist 
Gao Yu was released on medical parole, after spending over 5 years in 
prison, reportedly on the condition that she not speak to foreign 
journalists.
    Authorities have blocked at various times politically ``sensitive'' 
web sites, including those of dissident groups and some major foreign 
news organizations (see Section 1.f.).
    Despite tighter government control of the press, information about 
the nation and the world continued to flow into the country at an 
increasing rate. Residents in Guangdong and other southern provinces 
have wide access to Hong Kong television programs and newspapers. 
Throughout the country, a lively tabloid sector is flourishing. Radio 
talk shows remain popular, and, while avoiding the most politically 
sensitive subjects, they provide opportunities for citizens to air 
grievances about public issues. Despite licensing requirements and 
other restrictions, a small but rapidly growing segment of the 
population has access to the Internet. Most of the population has the 
means to own and use short-wave radios, and the Government does not 
place restrictions on their use.
    The Government continues to impose ideological controls on 
political discourse at colleges, universities, and research institutes. 
Scholars and researchers report varying degrees of control regarding 
the issues that they may examine and the conclusions that they may 
draw. Censorship of written material comes at the time of publication, 
or when intellectuals and scholars, anticipating that books or papers 
on political topics would be deemed too sensitive to be published, 
exercise self-censorship. In areas such as economic policy or legal 
reform, there was far greater official tolerance for comment and 
debate.
    Visiting academic researcher and librarian Song Yongyi was detained 
on August 7 in Beijing. After months of detention and interrogation, he 
was charged on December 24 with ``the purchase and illegal provision of 
intelligence to persons outside China.'' Song, an expert on the 
Cultural Revolution, traveled to the country to collect materials such 
as newspaper articles, books, and other publicly available information 
on that period, as he had on several previous occasions (see Section 
2.a.). This detention raised concerns about a possible chilling effect 
on other Chinese researchers, whether resident in the country or 
abroad. There also was concern that collaborative research with 
foreigners may become more difficult.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly; however, the Government 
severely restricts this right in practice. The Constitution stipulates 
that such activities may not challenge ``party leadership'' or infringe 
upon the ``interests of the State.'' Protests against the political 
system or national leaders are prohibited. Authorities deny permits and 
quickly move to suppress demonstrations involving expression of 
dissenting political views.
    At times police used force against demonstrators. In January the 
Western press reported that one protester was killed and more than 100 
others injured when police dispersed some 3,000 villagers in Hunan 
province protesting corrupt government and high taxes. In March police 
in Suining, Sichuan province reportedly beat demonstrators to disperse 
a 3-day protest by machinery factory workers over unpaid benefits. In 
April two groups of CDP members in Hangzhou attempted to lay wreaths 
for victims of the Tiananmen massacre in two different parks. Police 
reportedly dispersed one group, and arrested three participants. The 
other group was able to hold its vigil. In October a violent protest 
reportedly broke out in Panzhihua in Sichuan province after police 
refused to help a robbery victim who subsequently was knifed by his 
attackers. Many of those protesting were injured in clashes with the 
police; 10 persons reportedly were arrested. In late October, police in 
Ganzi township, Ganzi Tibetan Autonomous Region, western Sichuan 
reportedly clashed with up to 3,000 ethnic Tibetans protesting the 
detention of 3 monks, including the respected Buddhist teacher Sonam 
Phuntsok, from nearby Dargye monastery a few days before (see Section 
2.c.). The police reportedly fired upon the crowd, injuring some 
protestors. It is unknown whether any persons were killed. Up to 80 
ethnic Tibetans reportedly were detained in connection with the 
incident.
    Despite restrictions in Beijing and elsewhere, the number of 
demonstrations nationwide continued to grow, especially those related 
to economic grievances and official corruption. Demonstrations related 
to family planning continued. Many protests were handled with restraint 
by the authorities. In March the victim of an alleged fraudulent 
housing project staged a lone protest in front of the National People's 
Congress, which was meeting at the time. Police reportedly removed her 
from the front of the parliament building and told her to hand in her 
petition to the complaints section of the NPC. Also in March some 400 
laid-off workers in Xian reportedly staged a daylong demonstration, 
until a provincial vice governor arrived at the scene to hear their 
concerns and convince them to disperse peacefully. On April 25, a 
demonstration by some 10,000 Falun Gong members in front of the 
Government's leadership compound in Beijing caught authorities by 
surprise; it continued for more than 12 hours before the protesters 
were convinced to disperse. In July the Government banned the Falun 
Gong movement; however, many of its members continued to hold or 
attempt to hold peaceful demonstrations. Authorities stated that some 
35,000 confrontations between police and Falun Gong practitioners took 
place between July 22 and October 30; (the Government later clarified 
this with the statement that the figure represented the total number of 
confrontations that police had had with adherents of Falun Gong, 
pointing out that many persons had multiple encounters with police). 
Many practitioners were detained while attempting to protest; police 
reportedly used force in some cases (see Section 2.c.). In June one 
human rights group reported that about 150 peasants gathered in front 
of the Fuzhou municipal government office to protest corruption, 
blocking traffic in the process. Some 50 police reportedly took the 
demonstrators to the complaints bureau of the provincial government, 
where officials held talks with them. The demonstrators dispersed 
peacefully that afternoon.
    The Constitution provides for freedom of association; however, the 
Government restricts this right in practice. Communist Party policy and 
government regulations require that all professional, social, and 
economic organizations officially register with, and be approved by, 
the Government. Ostensibly aimed at restricting secret societies and 
criminal gangs, these regulations also prevent the formation of truly 
autonomous political, human rights, religious, labor, and youth 
organizations that directly challenge government authority. According 
to Human Rights Watch, in November An Jun, an attorney who formed an 
organization called ``Corruption Watch'' to expose local corruption, 
was put on trial. No verdict had been announced by year's end. An had 
attempted to register the organization legally with the Ministry of 
Civil Affairs, but it was banned.
    There are no laws or regulations that specifically govern the 
formation of political parties. The government moved decisively, using 
detentions and prison terms, to eliminate the China Democracy Party, 
which activists around the country had tried since 1998 to organize 
into the country's first opposition political party (see Sections 1.e. 
and 3).
    In 1998 there were 1,500 national-level, quasi-nongovernmental 
organizations, and 200,000 social organizations and 700,000 nonprofit 
organizations registered with the Ministry of Civil Affairs. Although 
these organizations all came under some degree of government control, 
they were able to develop their own agendas. Many had support from 
foreign secular and religious NGO's. Some sought advocacy roles in less 
controversial public interest areas such as women's issues, the 
environment, and consumer rights. In October 1998 the Government 
promulgated a revised and more complete set of regulations on the 
registration of NGO's. The new rules require that all NGO's must 
reregister under the revised regulations, a process that may be used to 
further restrict the numbers and types of NGO's. To register, local-
level groups must have an official office and at least $3,600 (30,000 
rmb) in funds. National-level groups must have at least $12,000 
(100,000 rmb). Applications must be vetted by the Government, which has 
2 months in which to grant approval. Once established, groups are 
required to submit to regular oversight and ``obey the constitution, 
laws, and national policies;'' they must not ``violate the four 
cardinal principles, damage national unity, or upset ethnic harmony.'' 
Violators (groups that disobey guidelines or unregistered groups that 
continue to operate) may face administrative punishment or criminal 
charges. It is difficult to estimate how many groups may have been 
discouraged from organizing NGO's due to the new regulations. However, 
preexisting groups report little or no additional interference by the 
Government since the new regulations came into effect.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religious belief; however, the Government seeks to restrict religious 
practice to government-sanctioned organizations and registered places 
of worship and to control the growth and scope of the activity of 
religious groups. During the year, some unregistered religious groups 
were subjected to increased restrictions--and, in some cases, 
intimidation, harassment, and detention--although the degree of 
restrictions varied significantly from region to region, and the number 
of religious adherents, in both registered and unregistered churches, 
continued to grow rapidly. Over the past 20 years, there has been a 
loosening of government controls and a resurgence of religious 
activity. According to an official government white paper there are 
over 200 million religious adherents with a great variety of beliefs 
and practices. Most profess eastern faiths but millions adhere to 
Christianity. The Criminal Law states that government officials who 
deprive citizens of religious freedom may be sentenced to up to 2 years 
in prison in serious cases. However, there are no known cases of 
persons being punished under this statute.
    The State Council's Religious Affairs Bureau (RAB) is responsible 
for monitoring and judging the legitimacy of religious activity. The 
RAB and the Communist Party United Front Work Department (UFWD), both 
of which are staffed by officials who are rarely religious adherents, 
provide policy ``guidance and supervision'' over implementation of 
government regulations on religious activity, as well as the role of 
foreigners in religious activity.
    The Government continued, and, in some areas, intensified a 
national campaign to enforce 1994 State Council regulations and 
subsequent provincial regulations that require all places of worship to 
register with government religious affairs bureaus and to come under 
the supervision of official ``patriotic'' religious organizations. The 
Government officially permits only those Christian churches affiliated 
with either the Catholic Patriotic Association/Catholic Bishops 
Conference or the (Protestant) Three-Self Patriotic Movement/Chinese 
Christian Council to operate openly. There are six requirements for the 
registration and establishment of venues for religious activity: 
Possession of a meeting place; citizens who are religious believers and 
who regularly take part in religious activity; qualified leaders and an 
organized governing board; a minimum number of followers; a set of 
operating rules; and a legal source of income. There are five 
officially recognized religions--Catholicism, Protestantism, Buddhism, 
Islam, and Taoism.
    At the end of 1997, the Government reported that there were more 
than 85,000 approved venues for religious activities. Some groups 
registered voluntarily, some registered under pressure, while 
authorities refused to register others. Unofficial groups claimed that 
authorities often refuse them registration without explanation. The 
Government contends that these refusals were mainly the result of 
inadequate facilities and meeting spaces. Many religious groups have 
been reluctant to comply with the regulations out of principled 
opposition to state control of religion or due to fear of adverse 
consequences if they reveal, as required, the names and addresses of 
church leaders and members. In some areas, efforts to register 
unauthorized groups are carried out by religious leaders and civil 
affairs officials. In other regions, registration is performed by 
police and RAB officials, concurrently with other law enforcement 
actions. Police closed many ``underground'' mosques, temples, 
seminaries,Catholic churches and Protestant ``house churches,'' many 
with significant memberships, properties, financial resources, and 
networks. Some were destroyed. Leaders of unauthorized groups are often 
the targets of harassment, interrogations, detention, and physical 
abuse.
    In certain regions, government supervision of religious activity is 
minimal, although local implementing regulations in other places, such 
Zhejiang, Guangxi, Shanghai, and Chongqing call for strict government 
oversight. In some parts of the country, registered and unregistered 
churches are treated similarly by authorities, existing openly side by 
side, and many congregants worship in both types of churches. In other 
areas, particularly where considerable unofficial and unregistered 
religious activity takes place, local regulations call for strict 
government oversight of religion and authorities have cracked down on 
unregistered churches and their members. The relationship between 
unregistered and registered churches can be tense. Some house church 
members maintained that authorities had continued efforts during the 
year to register house churches and to harass those who resist, 
especially in Henan and Shandong provinces. Throughout the year, the 
Government moved swiftly against houses of worship outside its control 
that grew too large or espoused beliefs that it considers threatening 
to ``state security.''
    The law does not prohibit religious believers from holding public 
office; however, most influential positions in government are reserved 
for party members, and Communist Party officials state that party 
membership and religious belief are incompatible. Party membership also 
is required for almost all high level positions in government and in 
state-owned businesses and organizations. The Communist Party 
reportedly issued a circular in 1997 ordering party members not to 
adhere to religious beliefs. This followed a 1995 document circulated 
to party organizations at the provincial level ordering the expulsion 
of party members who belong to religious organizations, whether open or 
clandestine. There were reports that the Government issued a circular 
early in the year to remind Party cadres that religion was incompatible 
with Party membership, a theme reflected in authoritative media during 
the summer. Muslims allegedly have been fired from government posts for 
praying during working hours. The ``Routine Service Regulations'' of 
the People's Liberation Army (PLA) state explicitly that servicemen 
``may not take part in religious or superstitious activities.'' There 
is no available evidence indicating whether party or PLA military 
personnel were expelled under such regulations. According to government 
officials, 20 to 25 percent of Communist Party officials engage in some 
kind of religious activity in certain localities. Most officials who 
practice a religion are Buddhist or practice a folk religion. Religious 
figures, who are not members of the CCP, are included in national and 
local government organizations, usually to represent their constituency 
on cultural and educational matters. The National People's Congress 
(NPC) includes several religious leaders, including Pagbalha Geleg 
Namgyai, a Tibetan ``living Buddha,'' who is a vice chairman of the 
Standing Committee of the NPC. Religious groups also are represented in 
the Chinese People's Political Consultative Conference, a forum for 
``multiparty'' cooperation and consultation led by the Chinese 
Communist Party, which advises the Government on policy.
    The authorities permit officially sanctioned religious 
organizations to maintain international contacts that do not entail 
``foreign control.'' What constitutes ``control'' is not defined. 
Regulations enacted in 1994 codified many existing rules involving 
foreigners, including a ban on proselytizing by foreigners, but for the 
most part allow foreign nationals to preach to foreigners, bring in 
religious materials for their own use, and preach to citizens at 
churches, mosques, and temples at the invitation of registered 
religious organizations. Foreigners are not permitted to conduct 
missionary activities, but foreign Christians currently are teaching 
English and other languages on college campuses with minimum 
interference from authorities as long as their proselytizing is low 
key. There were reports that early in the year the Government issued a 
circular to tighten control over foreign missionary activity in the 
country, and that foreign missionaries were detained in Fujian province 
in March for engaging in missionary activities with an unregistered 
church.
    According to an official government white paper, there are over 200 
million religious adherents, 3,000 religious organizations, 300,000 
clergy, and 74 religious colleges. Official religious organizations 
administer local Bible schools, 54 Catholic and Protestant seminaries, 
9 institutes to train imams and Islamic scholars, and institutes to 
train Buddhist monks. Students who attend these institutes must 
demonstrate ``political reliability'' and all graduates must pass an 
examination on their theological and political knowledge to qualify for 
the clergy. In May the Nanjing Union Theological seminary reportedly 
ordered three students to leave the seminary ``voluntarily'' because 
they opposed curriculum changes. The three students, who were nearing 
graduation, initially refused to accept this expulsion, but later left 
voluntarily in protest. The Government permitted someCatholic and 
Protestant seminarians, Muslim clerics, and Buddhist clergy to go 
abroad for additional religious studies. In most cases, funding for 
these training programs is provided by foreign organizations. Both 
official and unofficial Christian churches have problems training 
adequate numbers of clergy to meet the needs of their growing 
congregations. However, due to government prohibitions, unofficial 
churches have particularly significant problems training clergy or 
sending students to study overseas, and many clergy receive only 
limited and inadequate preparation.
    Approximately 8 percent of the population are Buddhist, 
approximately 1.4 percent are Muslim, an estimated 0.4 percent belong 
to the official patriotic Catholic Church, an estimated 0.4 to 0.8 
percent belong to the unofficial Vatican-affiliated Catholic Church, an 
estimated 0.08 percent to 1.2 percent are registered Protestants, and 
perhaps 2.4 to 6.5 percent worship in house churches that are 
independent of government control. There are no available estimates of 
the number of Taoists. However, according to a 1997 government 
publication, there are over 10,000 Taoist monks and nuns and over 1,000 
Taoist temples.
    The traditional folk religion (worship of local gods, heroes, and 
ancestors) of 75 percent of the population has revived in recent years 
and is tolerated to varying degrees as a loose affiliate of Taoism, or 
as an ethnic minority cultural practice; however, folk religion has 
been labeled as ``feudal superstition'' and local authorities have 
destroyed thousands of local shrines.
    Buddhists make up the largest body of organized religious 
believers. The Government estimates that there are more than 100 
million Buddhists, most of whom are from the dominant Han ethnic group. 
However, it is difficult to estimate accurately the number of Buddhists 
because they do not have congregational memberships and often do not 
participate in public ceremonies. The Government reports that there are 
13,000 Buddhist temples and monasteries and more than 200,000 nuns and 
monks. In some areas, local governments enforced strictly regulations 
on places of worship, particularly on illegally constructed Buddhist 
temples and shrines. During a May 1998 conference in Hunan on 
provincial religious work, a senior provincial party official said that 
goals for the coming year were to ``Tighten management of places of 
religious activities, properly handle issues concerning the 
indiscriminate establishment of temples and the setting up of outdoor 
Buddha statues, and crack down on heretical religious organizations and 
illegal religious activities.''
    Tibetan Buddhists outside of the Tibet Autonomous Region (TAR) seem 
to have fewer restrictions than those in the TAR, but they still face 
significant restrictions and are subject to patriotic education 
campaigns. In June two Tibetan Buddhist monks reportedly were arrested 
at Ganzi monastery, Ganzi Tibetan Autonomous Region in western Sichuan 
(Tibetan Kham); they were charged with handing out leaflets supporting 
Tibetan independence. On October 24, three Tibetan Buddhist monks, 
Sonam Phuntsok, Agya Tsering, and Sonam, were arrested at Dargye 
monastery in western Sichuan province. The three reportedly were 
suspected of being in contact with exile groups, and of supporting the 
Dalai Lama. These arrests reportedly were linked to the bombing of a 
medical clinic on October 7. Their detention sparked a large local 
protest later in the month, during which police reportedly fired into 
the crowd and injured demonstrators (see Section 2.b.). (A discussion 
of government restrictions on Tibetan Buddhism in the TAR can be found 
in the Tibet addendum to this report.)
    In the past, official tolerance for religions considered to be 
traditionally Chinese, such as Buddhism and Taoism, has been greater 
than that for Christianity. As these non-Western faiths have grown 
rapidly in recent years, there are signs of greater Government concern 
and new restrictions, especially on syncretic sects.
    According to government figures, there are 20 million Muslims, 
35,000 Islamic places of worship, and more than 45,000 imams. In some 
areas where ethnic unrest has occurred, particularly among Central 
Asian Muslims (and especially the Uighurs) in Xinjiang, officials 
continue to restrict the building of mosques and the religious 
education of youths under the age of 18. After a series of violent 
incidents in Xinjiang in 1997, police cracked down on Muslim religious 
activity and places of worship, and local authorities issued 
regulations further restricting religious activities and teaching. 
During the year, several Islamic fundamentalists from other countries 
were expelled for proselytizing.
    Restrictions on religious practices in Xinjiang were tight, and the 
Government dealt harshly with religious adherents accused of separatist 
activities. Some young Uighur Muslims are being trained outside of the 
country in Muslim religious schools. Amnesty International reported 
that a group of four men and four children, all of whom were Muslim 
Uighurs from Xinjiang, were returned forcibly to China from Kazakhstan 
in late 1998. Two of the men, Yasim Karim and Abla Karim, are mullahs. 
Both menreportedly refused to acknowledge publicly the merits of 
government policies in their mosques. The children allegedly were 
released after 18 days, but the four men were believed to remain in 
detention in Kashgar as of January. Amnesty International reported in 
January that Ibrahim Ismael was executed in Ili prefecture, Xinjiang. 
Ismael was a religious scholar known for holding private religious 
classes for Muslim youth in his home in Memyuzi village, near Gulja, 
Ili prefecture, Xinjiang. He had been arrested in 1997. Officials 
stated that he had joined a reactionary organization in 1991, 
participated in illegal religious activities, helped to organize 
protests in 1995 and 1997, and helped to organize an attack in 1997 in 
which five persons died (see Section 5). Three Uighur men from Xinjiang 
were repatriated forcibly to China on February 11, after having been 
detained since they were apprehended crossing the border into 
Kazakhstan in August 1998. The three, Hemit Memet, Kasim Mahpir, and 
Ilyas Zordun, fled Xinjiang after wanted posters went up listing them 
as separatists. In July a court in Nonshishi reportedly sentenced 18 
men to prison terms ranging from 10 to 15 years for, among other 
things, allegedly destroying the Party's religious policy. In April 
1998, the Urumqi Evening news reported that 56 mosques in Egarqi had 
been searched by police. In May 1998, a report on Xinjiang People's 
Radio quoted a senior provincial official accusing separatists of 
having ``carried out subversion and sabotage in the region in the name 
of religious activities.'' The official said that the Government must 
``resolutely oppose illegal religious activities'' and that religious 
practice must ``uphold the dignity of laws, the interest of the people, 
the unification of the motherland, and the unity of the nationalities. 
Any violation will not be tolerated by the people's democratic 
dictatorship.''
    The Government permits, and in some cases subsidizes, Muslim 
citizens who make the hajj (pilgrimage) to Mecca. According to 
government statistics, more than 45,000 Muslims have made the 
pilgrimage in recent years--5,000 in 1998. However, government 
sensitivity to concerns of the Muslim community is limited. In 1998 a 
Qing dynasty mosque, which was the center of Muslim life in Chengdu, 
was destroyed in the city's Muslim quarter to make way for a boulevard 
near an expanded city square, despite strong opposition from the city's 
Muslim population. The construction of a new mosque over a complex of 
retail establishments further offended the community. At year's end, no 
construction upon the site of the Qing dynasty mosque had yet occurred; 
the imam, or leader, of the mosque that was demolished was ordered to 
leave Chengdu and has been forbidden to engage in religious work. The 
new officially sanctioned mosque over the retail complex has been 
attended only lightly since its opening.
    The unofficial, Vatican-affiliated Catholic Church claims a 
membership far larger than the 5 million persons registered with the 
official Catholic Church. Precise figures are difficult to determine, 
but Vatican officials have estimated that there are as many as 10 
million adherents. According to official figures, the government-
approved Catholic Church has 69 bishops, 5,000 clergy and about 5,000 
churches and meeting houses. There are 60,000 baptisms each year. The 
Government so far has refused to establish diplomatic relations with 
the Holy See, and there is no Vatican representative in the country. 
Some bishops in the official Catholic Church are not recognized by 
Rome, although many have been recognized unofficially. The Government's 
refusal to allow the official Catholic church to recognize the 
authority of the Papacy in matters of faith and morals has led many 
Catholics to refuse to join the official Catholic church on the grounds 
that this refusal denies one of the fundamental tenets of their faith.
    The Government maintains that there are between 10 and 15 million 
registered Protestants, 18,000 clergy, over 12,000 churches, and some 
25,000 meeting places. According to foreign experts, perhaps 30 million 
persons worship in house churches that are independent of government 
control, although estimates by some house church groups range as high 
as 80 million.
    The growth of unofficial churches has caused concern among many 
government and Communist Party officials who perceive unregulated 
religious gatherings as a potential challenge to their authority, a 
threat to public order, and an alternative to Socialist thought. 
Authorities in some areas continued a concerted effort to crack down on 
the activities of unapproved Catholic and Protestant churches. In some 
areas, security authorities used threats, demolition of unregistered 
property, extortion of ``fines,'' interrogation, detention (sometimes 
prolonged), and at times beatings and torture to harass Christian 
religious figures and followers. There also was a report in the Western 
press that authorities refused without explanation to issue a birth 
certificate for a child whose parents are active in the house church 
movement; without a birth certificate, a child cannot be registered, 
attend school or, later, work. Implementing regulations, provincial 
work reports, and other government and party documents continued to 
exhort officials to enforce vigorously government policy regarding 
unregistered churches. In March 1998, the Guangzhou Municipal People's 
Congress passedhighly restrictive religious regulations. Zhejiang 
province also promulgated new religious affairs regulations that 
stipulated that ``illegal'' property and income would be confiscated 
from those who: (1) Preside over or organize religious activities at 
places other than those for religious activities or at places not 
approved by a religious affairs department; (2) do missionary work 
outside the premises of a place of religious activity; and (3) sponsor 
religious training activities without obtaining the approval of a 
religious affairs department at or above the county level. Regulations 
in Guangxi, Shanghai, and Chongqing also call for strict government 
oversight. In particular, authorities targeted unofficial religious 
groups in Beijing and the provinces of Henan and Shandong, where there 
are rapidly growing numbers of unregistered Protestants, and in Hebei, 
a center of unregistered Catholics. However, during the year there were 
reports that small family churches, generally made up of family members 
and friends, which conduct activities similar to those of home Bible 
study groups, may be tolerated by the authorities as long as they 
remain small and unobtrusive. Family churches reportedly encounter 
difficulties when their memberships become too large, when they arrange 
for the use of facilities for the specific purpose of conducting 
religious activities, or when they forge links with other unregistered 
groups.
    There were many religious detainees and prisoners. In some cases, 
public security officials have used prison or reform-through-education 
sentences to enforce regulations. Prominent Protestant house church 
leader Xu Yongze continues to serve a 3-year reform-through-labor 
sentence in Pingyuan prison in Henan for allegedly disturbing public 
order. The Government's 1997 White Paper on Religious Freedom stated 
that Xu had violated the law by promoting a cult, preaching that the 
Apocalypse was near, and asking worshipers to wail in public spaces for 
several consecutive days. Group members deny these charges. Xu's 
colleagues Qin Baocai and Mu Sheng continue to serve reeducation-
through-labor sentences. In September 1998 a group of leaders from 
house church networks met in Henan and issued a public communique 
calling on the Government to enter into a dialog with unofficial 
Protestant churches, to release all religious prisoners, and to 
redefine what constitutes a ``cult.'' Another communique set forth a 
common theological creed and a joint position on relations with the 
Government.
    In Hebei, where perhaps half of the country's Catholics reside, 
friction between unofficial Catholics and local authorities continued. 
Hebei authorities have been known to force many underground priests and 
believers to make a choice of either joining the ``patriotic'' church 
or facing punishment such as fines, job loss, periodic detentions, and, 
in some cases, having their children barred from school. The 
whereabouts of Roman Catholic Bishop Su Zhimin, whose followers 
reported that he was arrested in 1997, remained unclear. Underground 
Catholic sources in Hebei claimed that he still was under detention, 
while the Government denied having taken ``any coercive measures'' 
against him. Reliable sources reported that Bishop An Shuxin, Bishop 
Zhang Weizhu, Father Cui Xing, and Father Wang Quanjun remained under 
detention in Hebei. In January Father Hu Duo reportedly was detained in 
Hebei; and according to a Human Rights Watch report, authorities that 
month also reportedly detained, beat, and fined an unknown number of 
underground Catholics in Baoding, Hebei. In May Auxiliary Bishop Yan 
Weiping was found dead in Beijing, shortly after being released from 
detention. The circumstances surrounding his death are unclear. On 
August 24, 40 house church members reportedly were arrested in 
Fengcheng, Henan. Among those detained in Henan in August was David 
Zhang (Rongliang) of the Fengcheng church group; he and other house 
church leaders detained in August were sentenced to 1 to 3 years in a 
reeducation-through-labor camp. Underground Catholic Bishop Joseph Fan 
Zhongliang of Shanghai remained under surveillance and often had his 
movements restricted.
    In May 500 Christians reportedly occupied Xian's largest church to 
prevent its demolition after the local Three-Self Patriotic Movement 
authorities allegedly sold the church to a local property developer 
(although those authorities had used the proceeds to purchase a new, 
larger church in a distant suburb). The Hong Kong press reported that 
the Guangdong provincial government had issued a circular ordering 
authorities to increase the monitoring of Christian and Muslim 
activities. In April Public Security personnel reportedly raided a 
house church service in Henan and detained 25 worshippers. There were 
reports that as many as 48 Christians, including Catholics and 
Protestants, were arrested in Henan in January. On August 18, eight 
house church leaders--Zhao Dexin, Yang Xian, Miao Hailin, Chen Zide, Li 
Wen, Han Shaorong, and two others--reportedly were arrested in Henan. 
On the same day in October, police disrupted services at two of 
Guangzhou's most prominent house churches--those of pastors Samuel Lamb 
and Li Dexian. Li and his wife, along with an Australian missionary, 
were detained for several hours, and Li stated that his church was 
ransacked by the police. Li also has been detained on other occasions 
and reports that in some instances he was beaten. Bibles also were 
confiscated from his congregation and members of the congregation 
reportedly werethreatened. Roman Catholic Bishop Zeng Jingmu, released 
from a labor camp in 1998, reportedly remains under house arrest.
    In some regions, coexistence and cooperation between official and 
unofficial churches, both Catholic and Protestant, is close enough to 
blur the line between the two. However, in some areas relations between 
the two churches remain hostile. In September police, allegedly at the 
instigation of the local official Catholic church in Wenzhou, 
instructed 12 underground Catholic church leaders--including Bishop Lin 
Xili, Chen Nailiang, and Wang Zhongfa--to go to a hotel, where they 
were pressured to join the official Catholic church. There also are 
reports of divisions within both the official Protestant church and the 
house church movement over issues of doctrine; in both the official and 
unofficial Protestant churches, there are groups with conservative 
views and groups with more unorthodox views. In some areas there are 
reports of harassment of churches by local RAB officials which is 
attributed, at least in part, to financial issues. For example, since 
regulations require local authorities to provide land to church groups, 
some local officials may refuse to do so by denying registration, thus 
avoiding the requirement to provide land. However, official churches 
also may face harassment if local authorities wish to acquire the land 
on which a church is located. In addition to refusing to register 
churches, there also are reports that RAB officials have requested 
``donations'' from churches in their jurisdictions as a means of 
raising extra revenue.
    The increase in the number of Christians has resulted in a 
corresponding increase in the demand for Bibles. During the year the 
Government approved the printing of more than 3 million Bibles, and 
there currently are more than 22 million Bibles in print. One printing 
company that is a joint venture with an overseas Christian organization 
printed over 2.3 million Bibles during the year, including Bibles in 
Braille and minority dialects, such as Korean, Jingbo, Lisu, Lahu, 
Niao, and Yao. Although Bibles can be purchased at some bookstores, 
they are not readily available and cannot be ordered directly from 
publishing houses by individuals. However, they are available for 
purchase at most officially recognized churches, and many house church 
members buy their Bibles from churches without incident. Nonetheless, 
some underground Christians hesitate to buy Bibles at official churches 
because such transactions sometimes involve receipts that identify the 
purchaser. Foreign experts confirm reports of chronic shortages of 
Bibles, mostly due to logistical problems in disseminating Bibles to 
rural areas. However, they note that the situation has improved in 
recent years due to improved distribution channels, including to house 
churches. Customs officials continue to monitor for the ``smuggling'' 
of Bibles and other religious materials into the country. There have 
been credible reports that the authorities sometimes confiscate Bibles 
in raids on house churches, such as during an April raid on a house 
church in Henan province.
    Weekly services of the foreign Jewish community in Beijing have 
continued uninterrupted since 1995 and High Holy Day observances have 
been allowed for more than 15 years. During the fall of 1998, the 
foreign Jewish community in Shanghai began holding services in a local 
hotel. Members experienced initial difficulty in establishing worship 
services due to the fact that Judaism is not one of the five officially 
recognized religions, and meetings were suspended temporarily. However, 
the group since has reestablished its meetings at the hotel, with the 
approval of the local religious affairs bureau. In September, with the 
support of local authorities, the Shanghai Jewish community was allowed 
to hold a service in an historic Shanghai synagogue, which has been 
restored as a museum, for the first time since 1949. Local authorities 
indicated that the community could use the synagogue in the future for 
special occasions on a case-by-case basis.
    Religious groups that preach beliefs outside the bounds of 
officially approved doctrine--such as the imminent coming of the 
Apocalypse--often are singled out for particularly severe harassment. 
Police continued their efforts to close down an underground evangelical 
group called the ``Shouters,'' an offshoot of a pre-1949 indigenous 
Protestant group, which the authorities deem to be an antigovernment, 
counterrevolutionary ``cult.'' Since the early 1980's, the authorities 
repeatedly have detained, fined, or imprisoned its members. During the 
year the authorities also initiated a general crackdown on groups 
considered to be ``cults.'' The press reported that on April 21, police 
and members of the Public Security Bureau in Chengkuo county, Chongqing 
detained 71 members of Men Tu Hui (Disciples Sect); the authorities 
declared the group to be illegal and accused it of carrying out various 
reckless and criminal activities in recent years, including using 
heresy to spread rumors and stirring up quarrels and trouble among the 
masses. In May Hunan authorities initiated a crackdown against the 
``heretical cult'' organization ``God's Religion.'' In September 31 
members of the ``cold water religion'' reportedly were arrested by 
authorities in Lianping county, Guangdong; 3 of the group's churches 
reportedly were destroyed. Liu Jiaguo, the leader of the Supreme Deity 
sect, was executed in October after beingconvicted of raping 11 women 
and defrauding cult members. The crackdown intensified later in the 
year, with press reports stating that restrictions would be tightened 
on several ``cults'' and various Christian groups. Many groups, 
especially those in house churches, reportedly are viewed by officials 
as ``cults.'' Some observers have attributed the unorthodox beliefs of 
some of these groups to undertrained clergy. According to reports, the 
crackdown on the Falun Gong led to a tightening of controls on all non-
officially sanctioned beliefs; some groups have been labeled as 
``cults.''
    Falun Gong (or Wheel of the Law, also known as Falun Dafa) blends 
aspects of Taoism, Buddhism, and the meditation techniques of Qigong (a 
traditional martial art) with the teachings of Li Hongzhi, who left the 
country in 1998. The Government estimates that there may be as many as 
2.1 million adherents of Falun Gong; Falun Gong followers estimate that 
there are over 100 million adherents. Some experts estimate that the 
true number of Falun Gong adherents lies in the tens of millions. Falun 
Gong does not consider itself a religion and has no clergy or formal 
places of worship.
    On April 25, more than 10,000 adherents of Falun Gong gathered in 
front of the Zhongnanhai leadership compound, where most of the 
country's top officials live and work, to protest the detention of some 
Falun Gong practitioners and to seek government acknowledgment of the 
legitimacy of their practice. The sudden appearance of such a large 
crowd of organized demonstrators caught the Government by surprise; 
however, it allowed the peaceful protest to continue for more than 12 
hours and publicly stated that the organization was not illegal. 
Following the April demonstration, the Government decided that Falun 
Gong was a threat to stability. In June despite a government warning 
against disturbing social stability or holding large gatherings, Falun 
Gong practitioners continued to hold demonstrations in cities 
throughout the country. On July 22 the Government officially declared 
Falun Gong illegal and began a nationwide crackdown against the 
movement. Around the country, tens of thousands of practitioners were 
rounded up and detained for several days, often in open stadiums with 
poor, overcrowded conditions with inadequate food, water, and sanitary 
facilities. Practitioners who refused to renounce their beliefs were 
expelled from their schools or fired from their jobs. Some of those 
detained were government officials and Communist Party members. Some 
high-ranking practitioners were forced to disavow their ties to Falun 
Gong on national television. There also were reports that the Public 
Security Bureau forbade the renting of apartments to members of the 
Falun Gong, and that local government leaders and heads of institutions 
in the northeast were summoned to Beijing or fired if too many persons 
under their jurisdictions participated in Falun Gong demonstrations.
    In addition to detaining Falun Gong practitioners, in July the 
Government also launched a massive propaganda campaign against the 
group and its leader (see section 2.a.).
    As part of its crackdown on Falun Gong, the Government seized and 
destroyed Falun Gong literature, including over 1 million books, in 
well publicized sweeps of homes and bookstores. A Falun Gong website 
designed and operated by computer engineer Zhang Haitao of Jilin 
province was shut down by the Government on July 24 (see Section 1.f.); 
Zhang himself reportedly was arrested on July 29. Police in Dandong 
city, Liaoning province reported that they had arrested six workers and 
a factory boss for printing outlawed Falun Gong material. On October 
28, several Falun Gong practitioners held a clandestine press 
conference for foreign reporters in which they described an increase in 
harassment and in physical abuse by the police. Many of the 
practitioners involved later reportedly were arrested; the authorities 
questioned some of the foreign journalists who attended the press 
conference and temporarily confiscated their press credentials and 
residence permits.
    In spite of the harshness of the crackdown, Falun Gong 
demonstrations continued around the country throughout the summer and 
into the fall. Authorities responded quickly by breaking up 
demonstrations--at times forcibly--and detaining demonstrators.
    In September, the state-run press reported a raid on a gathering of 
19 Falun Gong followers during which 5 were arrested formally. In mid-
September, one NGO reported that at least 300 Falun Gong adherents were 
arrested in 9 cities over the course of 1 week. In late October, the 
pace of protests and detentions picked up as Falun Gong practitioners 
from around the country converged on Beijing and began a series of 
peaceful, low-key demonstrations in Tiananmen Square to protest a new 
anti-cult law being considered by the Standing Committee of the 
National People's Congress. Most of the protests were small and short-
lived, as the police, who roamed the square in increased numbers, 
questioned persons and quickly arrested anyone who admitted to being or 
appeared to be a practitioner. On some days, scores of practitioners 
were arrested as they entered the square in small groups to protest. 
During the last week of October, a Communist Party official told the 
foreign press that 3,000 persons from other parts of the country were 
detained in police sweeps of Beijing fornon-residents. On November 16, 
during a visit to Beijing by U.N. Secretary General Kofi Annan, more 
than a dozen Falun Gong practitioners who unfurled a Falun Gong banner 
were detained forcibly in Tiananmen Square. On November 30, Vice 
Premier Li Lanqing reportedly stated in a speech to Communist Party 
members that over 35,000 detentions of Falun Gong practitioners were 
made by the authorities between July 22 and October 30 (the Government 
later clarified Li's remarks by stating that this figure represented 
the total number of confrontations that police had with adherents of 
Falun Gong, pointing out that many persons had multiple encounters with 
police.)
    Authorities also detained foreign practitioners. For example, on 
November 24, four foreign practitioners of Falun Gong were detained 
along with other practitioners in Guangzhou. The foreigners were 
released a few days later and expelled from the country; the Chinese 
citizens arrested with them remained in custody. On December 15, three 
Chinese nationals with foreign residency were detained in Shenzhen for 
visiting other Falun Gong practitioners; they were sentenced to 15 days 
of administrative detention.
    There were credible reports of beatings and deaths of practitioners 
in detention who refused to recant their beliefs; according to Amnesty 
International, some adherents also were tortured by electric shocks and 
by having their hands and feet shackled and linked with crossed steel 
chains (see Sections 1.a and 1.c.). In October a Falun Gong website 
reported that a Falun Gong practitioner from Shandong province, Zhao 
Jinhua, died as a result of beatings received while in police custody. 
The official media reported that Zhao died of a heart attack while in 
custody. On October 27, police in Heilongjiang province stated that 
Chen Ying, an 18-year old practitioner of Falun Gong who died while in 
police custody in August, had jumped to her death from a moving train. 
Zhao Dong also allegedly jumped from a train while in police custody; 
he reportedly died in late September.
    Although the vast majority of ordinary Falun Gong practitioners who 
were detained later were released, authorities acted more forcefully 
against practitioners it identified as leaders. On October 25, the 
official media reported that at least 13 Falun Gong leaders had been 
charged with stealing and leaking state secrets. On October 31, a new 
anti-cult law was passed, which specifies prison terms of 3 to 7 years 
for cult members who ``disrupt public order'' or distribute 
publications. Under the new law, cult leaders and recruiters can be 
sentenced to 7 years or more in prison. On November 3, the authorities 
used the new law to charge six Falun Gong leaders, some of whom, it is 
believed, were arrested in July. Also, on November 8, the Government 
confirmed that 111 Falun Gong practitioners had been charged with 
serious crimes including, among others, disturbing social order and 
stealing state secrets. The Government issued a warrant for the arrest 
of Falun Gong leader Li Hongzhi, and requested Interpol's assistance in 
apprehending him. Interpol declined to do so, on the ground that the 
request was political in nature.
    Many others not formally arrested reportedly were sentenced 
administratively, without trial, to up to 3 years in reeducation-
through-labor camps. For example, on October 12, authorities reportedly 
sentenced 5 Falun Gong practitioners to a 1-year sentence in a 
reeducation-through-labor camp for ``disturbing the social order.'' The 
exact number of persons sentenced in this manner is unknown, although 
the Hong Kong-based Information Center of Human Rights and Democratic 
Movement in China reported that at least 500 persons were sentenced to 
terms of reeducation- through-labor. Late in the year, according to 
some reports, the Government started confining some Falun Gong 
adherents to psychiatric hospitals.
    Some of the leaders of Falun Gong were brought to trial by year's 
end. On December 26, four practitioners of Falun Gong were sentenced by 
a Beijing court for using a cult ``to obstruct justice, causing human 
deaths in the process of organizing a cult, and illegally obtaining 
state secrets.'' Li Chang, a former official at the Public Security 
Ministry, was sentenced to 18 years in prison; former Railways Ministry 
official Wang Zhiwen was sentenced to 16 years in prison. Two other 
high-ranking Falun Gong members, Ji Liewu and Yao Jie, were sentenced 
to 12 years and 7 years in prison. According to one international human 
rights organization, the Ministry of Justice required attorneys who 
wished to represent Falun Gong practitioners to obtain government 
permission.
    There were reports that Qigong groups not associated with the Falun 
Gong have experienced an increase in harassment, as well, particularly 
since the ban on Falun Gong was announced in July.
    Two leaders of such groups reportedly were arrested, and the 
Government banned the practice of Qigong exercises on public or 
government property. This has created an atmosphere of uncertainty for 
many, if not most, qigong practitioners.
    d. Freedom of Movement within the Country, Foreign Travel, 
Emigration, and Repatriation.--The effectiveness of the Government's 
national household registration/identification card system, used to 
control and restrict the location of individual residences, remained in 
place but continued to erode, and the ability of most citizens to move 
around the country to live and work continued to improve. The 
Government places some other restrictions on freedom of movement, and 
it increased these restrictions during the year, especially before 
politically sensitive anniversaries and to forestall Falun Gong 
demonstrations. The ``floating population'' of economic migrants 
leaving their home areas to seek work elsewhere in the country is 
estimated to be between 80 and 130 million. This group comprises not 
only migrant workers, but also includes a growing number of middle-
class professionals attracted to large cities by hopes of better paying 
jobs in their fields. This itinerant population lacks official 
residence status, which is required for full access to social services 
and education. Unless such persons obtain resident status, they must 
pay a premium for these services. However, some cities, such as 
Beijing, are beginning to offer social services free of charge. In 
August 1998, the Public Security Ministry issued revised regulations 
that allow persons from the countryside to apply for permanent 
residence in a city if: (1) They have investments or property in a 
city; (2) they are elderly and have children who live in a city; or (3) 
their spouses live in a city.
    Prior to sensitive anniversaries, authorities in urban areas 
rounded up and detained ``undesirables,'' including the homeless, the 
unemployed, migrant workers, those without proper residence or work 
permits, petty criminals, prostitutes, and the mentally ill or 
disabled. These persons often were detained or expelled under custody 
and repatriation regulations or similar administrative regulations (see 
Sections 1.d. and 1.e.). In March the Government enacted a set of 
measures aimed at reducing the number of migrant workers in the city 
without valid work permits by 10 percent before June 1. Measures taken 
included evicting persons from illegally rented housing, doubling the 
monthly fee for a temporary residence permit, and increasing the cost 
to employers of hiring migrant workers. On March 15, Beijing's Uighur 
Village was razed. There was speculation that these measures were 
undertaken to maintain order and to ``tidy up'' in a year of important 
anniversaries. From Chinese New Year to sometime in March there 
reportedly was a crackdown on migrant workers in Shanghai as well, with 
officials checking credentials and sending those with improper ones 
back to the provinces. Some reportedly were required to pay $121 (1,000 
rmb) for a temporary work permit, up from $10 (80 rmb) previously. 
There were reports of spot checks of identification documents, housing 
raids, and harassment of migrants at train and bus stations in Beijing 
during the year, particularly prior to October 1. Some non-local 
residents found in Beijing, whatever their reason for being in the 
city, reportedly were escorted quickly to train stations and sent home 
by the police in the days prior to the National Day celebrations. Human 
Rights Watch reported in December that many persons without residence 
permits or permanent incomes were rounded up and sent out of the city; 
migrants, beggars, hawkers, food vendors, the homeless, the unemployed, 
the mentally ill, prostitutes, and other undesirables also supposedly 
were targeted. It also reported that on September 6, the Public 
Security Bureau notified hotels, hostels, boarding houses, and private 
citizens that they would be penalized for housing illegal migrants, and 
that any non-resident entering Beijing needed a detailed letter of 
introduction. By some estimates, police forced 100,000 or more 
nonresidents out of Beijing prior to October 1 through a custody and 
repatriation program; during the last week of October, a Communist 
Party official admitted to the foreign press that 3,000 persons from 
other parts of the country were detained in police sweeps of Beijing 
for nonresidents (see Section 1.d.). The crackdown on illegal migrants 
reportedly continued after October 1, with 18,000 nonregistered 
residents of Beijing detained or returned to their registered places of 
residence in the last week of October.
    Dissidents reported that the authorities restricted their freedom 
of movement during politically sensitive periods. In April, while 
Premier Zhu Rongji was visiting the United States, Xian dissident Fu 
Sheng was detained for 12 hours and prevented from visiting the grave 
of Hu Yaobang, whose 1989 death sparked the Tiananmen student protests. 
Beijing activist Ding Zilin and her husband were confined to their home 
numerous times during the year, including for 50 days during the period 
of the 10th anniversary of the Tiananmen Massacre.
    As the crackdown on the Falun Gong began in July, the authorities 
tightly restricted travel into Beijing as Falun Gong members from 
around the country converged on the city to protest the ban on the 
group (see Section 2.c.).
    Under the ``staying at prison employment'' system applicable to 
recidivists incarcerated in reeducation-through-labor camps,authorities 
have denied certain inmates permission to return to their homes. Those 
inmates sentenced to more than 5 years in reeducation-through-labor 
camps also may lose their legal right to return home. For those 
assigned to camps far from their residences, this practice constitutes 
a form of internal exile. The number of prisoners subject to this 
restriction is unknown. Authorities reportedly have forced others to 
accept jobs in state enterprises where they can be monitored more 
closely after their release from prison or detention. Other released or 
paroled prisoners returned home but were not permitted freedom of 
movement. Chen Ziming, who was paroled on medical grounds in November 
1996, remained confined to his home except for police-escorted visits 
to doctors. Former senior leader Zhao Ziyang remained under house 
arrest, and security around him was tightened routinely during 
sensitive periods, such as the anniversary of the Tiananmen massacre 
and during the visits of important foreign leaders. The authorities 
released Bao Tong, a former Zhao Ziyang aide in 1997, but continue to 
monitor closely Bao Tong's activities.
    There is evidence that official poverty alleviation programs, and 
major state projects such as building dams and environmental/
reforestation projects, include forced evacuation of persons.
    The Government permits legal emigration and foreign travel for most 
citizens. The Government continued to use political attitudes as 
criteria for selecting persons for government-sponsored study abroad. 
The Government did not control privately sponsored students, who 
constitute the majority of citizens studying abroad; however, there 
were some reports that academics faced some travel restrictions around 
the year's sensitive anniversaries, especially June 4. Business 
travelers who wish to go abroad can obtain passports relatively easily. 
Permission for couples to travel abroad sometimes was conditioned on 
agreement to delay childbirth. In 1998 in Xinjiang, a businesswoman and 
former member of the Chinese People's Political Consultative 
Conference, Rebiya Kadeer, reportedly was deprived of her passport and 
could not leave Urumqi without police authorization. She was arrested 
in August (see Section 1.d.). Authorities reportedly confiscated the 
travel documents of Hong Kong prodemocracy legislator Fred Li, and 
barred him from entering the mainland on July 3. Two other Hong Kong 
legislators were denied permission to travel to Beijing earlier in the 
year to voice their views on the right of abode case in Hong Kong. 
Members of the underground Catholic Church, especially clergy wishing 
to further their studies abroad, frequently found it difficult to 
obtain passports and other necessary travel documents. The Government 
continued efforts to attract persons who had studied overseas back to 
China. Official media have stated in the past that persons who have 
joined foreign organizations hostile to China should quit them before 
returning home and refrain while abroad from activities that violate 
China's laws.
    In 1998 Beijing activist Ren Wanding was denied a passport because 
his ``political rights'' still had not been restored after his release 
from prison. Bao Tong reportedly was refused a passport to visit his 
son abroad in 1998 and 1999.
    There also were instances when the authorities refused visas or 
entry on apparent political grounds. International observers and human 
rights organizations reported that they had documents that 
substantiated claims that border control stations keep background 
records of certain individuals who are to be denied entry. Authorities 
have denied these reports. In April foreign-based dissident Wang Xizhe 
was denied permission to return to China to attend his father's 
funeral. On two occasions, once in March and again in April, Lai Lai-
Har, a prodemocracy activist from Hong Kong, was denied entry into the 
mainland. In July Chinese Democracy and Justice Party member Guo Hui, 
who returned to China to visit her ailing mother, was detained by 
police in Shanghai, interrogated for over 8 hours, and expelled the 
following day. In September the authorities detained Huang Ciping, a 
foreign-based human rights activist, who had hoped to visit her sick 
father, upon arrival at Shanghai airport and deported her soon 
thereafter. Also in September, the authorities denied prodemocracy 
activist and Hong Kong Legislative Council representative Margaret Ng a 
visa for entry to the mainland. Some foreign academics with contacts 
with the dissident community also have been refused entry visas 
repeatedly.
    The Government does not provide first asylum. However, since the 
late 1980's, China has adopted a de facto policy of tolerance toward 
the small number of persons--fewer than 100 annually--from other 
nations who have registered with the Beijing office of the United 
Nations High Commissioner for Refugees (UNHCR) as asylum seekers. The 
Government has permitted these persons to stay in China while the UNHCR 
makes determinations as to their status and--if the UNHCR determines 
that they are bona fide refugees--while they await resettlement in 
third countries. As yet, China has no law or regulations that authorize 
the authorities to grant refugee status, but the Government reportedly 
continues to draft working rules on granting such status.
    The Government has worked with Laos and Cambodia to facilitate the 
return of resettled individuals who have decided to return to their 
home countries. The Government denies having tightened its policy on 
accepting Vietnamese asylum seekers. Due to the stable situation in 
Vietnam with regard to ethnic Chinese and the increasingly porous 
border between the two countries, very few Vietnamese have sought 
resettlement in China in recent years.
    There were no confirmed reports of the forced return of persons to 
a country where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens lack the means to change their government legally and 
cannot freely choose or change the laws and officials that govern them. 
Citizens vote directly for local nongovernmental village committees and 
among party-reviewed candidates for delegate positions in town and 
township and county-level peoples' congresses. However, Peoples' 
Congress delegates at the provincial level are selected by county-level 
people's congresses, and in turn provincial-level people's congresses 
select delegates to the National People's Congress. Although the CCP 
vets all candidates, many county and provincial elections are 
competitive, with more candidates running than there are seats 
available.
    According to the Constitution, the NPC is the highest organ of 
state power. Formally it elects the President and Vice President, 
selects the Premier and vice premiers, and elects the Chairman of the 
State Central Military Commission. In practice the NPC Standing 
Committee oversees these elections and determines the agenda and 
procedure for the NPC under the direct authority of the Politburo 
Standing Committee. The NPC does not have the power to set policy or 
remove government or party leaders; however, in some instances its 
actions have affected economic policy.
    In general, the election and agenda of people's congresses at all 
levels remain under the firm control of the Communist Party, the 
paramount source of political authority. A number of small 
``democratic'' parties that date from before the Communist takeover in 
1949 play a minor consultative role and must pledge their allegiance to 
the Communist Party. The CCP retains a tight rein on political 
decisionmaking and forbids the creation of new political parties. The 
Government intensified efforts to suppress the China Democracy Party, 
an organization that had attracted hundreds, perhaps thousands, of 
members nationwide since its founding in 1998. Public security organs 
arrested nearly all of its most important leaders. Scores of party 
members were detained in cities throughout the country in the period 
prior to the 10th anniversary of the Tiananmen massacre (see Section 
1.d.). The CDP's three best known leaders--Wang Youcai, Xu Wenli, and 
Qin Yongmin--all were sentenced in December 1998, to prison terms of 
13, 12, and 11 years respectively. In July a court in Gansu sentenced 
CDP members Yue Tianxiang to 10 years, and Guo Xinmin, and Wang 
Fengshan to sentences of 2 years each for subversion. In 1 week in 
August courts in Beijing and Sichuan sentenced CDP activists Gao 
Hongming to 8 years, Zha Jianguo to 9 years, She Wanbao to 12 years, 
and Liu Xianbin to 13 years--all for alleged subversion. In late 
October Zhu Yufu, Mao Qingxiang, and another activist were sentenced to 
7, 8, and 5 years, respectively. Prominent members such as Hangzhou's 
Wu Yilong remain detained without charge.
    At the same time, democratic decisionmaking continued to grow as 
the local village committee elections program expanded. Under the 1987 
Organic Law of the Village Committees, all of the country's 
approximately 1 million villages are expected to hold competitive, 
direct elections for village committees. The NPC Standing Committee in 
November 1998 passed a revised version of the law, which called for 
enhancements in the electoral process, including substantial 
improvements in the nominating process and the required use of voting 
booths. It also provided for improved transparency in village committee 
administration and appears to boost the authority of the village 
committees over communally owned properties. The revised law also 
explicitly transferred the power to nominate candidates to the 
villagers themselves, as opposed to village groups or party branches.
    Both the Government and foreign observers estimate that more than 
90 percent of villages have participated in elections for local 
leaders. According to the Ministry of Civil Affairs, the majority of 
provinces have carried out at least three or four rounds of village 
elections. Foreign observers who have monitored local village committee 
elections, including the Carter Center and the International Republican 
Institute, have judged the elections they observed, on the whole, to be 
fair. However, many villages have yet to hold truly competitive 
elections. The Government estimates that one-third of all elections 
have serious procedural flaws. Approximately another third are judged 
to have satisfied central government guidance and the law, which 
requires secret ballots to select candidates. Successful 
villagecommittee elections have included secret ballots to select 
candidates, active campaigns by multiple candidates, platforms, and the 
use of secret ballots in the election itself. Some regions have 
experimented with a nominating process that gives this power completely 
to villagers, as opposed to village groups or party branches.
    Candidates favored by local authorities have been defeated in some 
elections, although in general the party dominates the electoral 
process, and roughly 60 percent of the members elected to the village 
committees are Communist Party members. The final ballot is the 
culmination of an election process that includes government screening 
of candidates and an indirect vote that eliminates some candidates. 
Many observers caution that the village election system is not 
necessarily a precursor for democracy at higher levels of government, 
and village elections--as currently practiced--do not threaten to 
undermine the implementation of unpopular central policies or endanger 
the leading role of the Communist Party. The nongovernmental elected 
village committees are not part of the formal government structure. The 
powers of elected village committees vary from region to region. Most 
committees have the authority to mediate disputes between villagers, 
improve public order, and authorize small expenditures. The committees 
also carry out political work by serving as a channel of communication 
between villagers and the Government. The village committees have no 
power to tax, set fines or punishments independently, or hire or fire 
village enterprise managers. According to press reports, Zhang Mingjun 
and three others led a protest in front of the office of a corrupt 
local party boss in Yuzhuang village, Shandong. After the 
demonstration, the four became write-in candidates for local village 
deputies in Yuzhuang village and won. Zhang Mingjun was elected village 
chief. Two weeks after the election, Zhang and his three deputies were 
arrested by local police for having led the demonstration, and were 
charged with having attacked government offices. This allegedly was 
done to nullify the election.
    The 1998 revised village election law authorized the establishment 
of ``villager's representative assemblies'' to oversee the performance 
of village committees. Such assemblies already existed for years in 
some provinces; in 1997, for example, an assembly in Zhaoxin county, 
Hebei province, reportedly removed 54 corrupt or incompetent village 
committee members and vetoed 72 ``unreasonable'' development projects. 
Township authorities in several provinces have held experimental 
elections to select local executive officials. Citizens of Sichuan's 
Buyun township on December 1998 held the first such vote. Despite 
central government expressions of concern that this election violated 
constitutional provisions requiring that the local people's congresses 
elect executive officials, the central government ultimately confirmed 
the vote. During another experimental township election during the 
year, the ``two ballot'' vote in Guangdong province's Dapeng township--
explicitly authorized by the National People's Congress--attracted 
attention both at home and abroad. Under this arrangement, groups of 
100 or more citizens were free to nominate candidates. A township-wide 
conference of local leaders from various institutes thereupon voted to 
select one of those candidates. The local people's congress confirmed 
the decision in a pro forma vote, thereby satisfying constitutional 
requirements.
    The Government places no restrictions on the participation of women 
or minority groups in the political process; however, they are 
underrepresented in government and politics. Women freely exercise 
their right to vote in village committee elections, but only a small 
fraction of elected members are women. The Government and party 
organizations include approximately 12 million female officials out of 
61 million party members. Women constitute 21.83 percent of the 
National People's Congress. The 15th Party Congress elected 22 women to 
serve as members or alternates on the 193-person Central Committee, an 
increase over the total of the previous committee. However, women still 
hold few positions of significant influence at the highest rungs of the 
party or government structure. One alternate member of the 22-member 
Politburo is a woman, and women hold 2 of 29 ministerial-level 
positions.
    Minorities constitute 14 percent of the National People's Congress. 
All of the country's 56 nationalities are represented in the NPC 
membership. The 15th Party Congress elected 38 members of ethnic 
minorities to serve as members or alternates on the Central Committee, 
an increase over the total of the previous committee. However, 
minorities hold few senior party or government positions of significant 
influence.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no independent domestic NGO's that publicly monitor or 
comment on human rights conditions. However, an informal network of 
dissidents in cities around the country has become a credible source of 
information about government actions taken againstactivists. The 
information is disseminated to the outside world through organizations 
such as the Hong Kong-based Information Center for Human Rights and 
Democratic Movement and the New York-based Human Rights in China. The 
press regularly prints articles about officials who exceed their 
authority and infringe on citizens' rights. However, the Government 
remains reluctant to accept criticism of its human rights record by 
other nations or international organizations and criticizes reports by 
international human rights monitoring groups, maintaining that they are 
inaccurate and interfere with the country's internal affairs. The 
Government still maintains that there are legitimate, differing 
approaches to human rights based on each country's particular history, 
culture, social situation, and level of economic development. In 1993 
the Government established the China Society for Human Rights, a 
``nongovernmental'' organization whose mandate is not to monitor human 
rights conditions, but to defend the Government's views and human 
rights record.
    The Government has active human rights dialogs with a large number 
of countries, including Great Britain, France, Australia, Canada, 
Norway, Sweden, Brazil, and Japan, as well as the European Union (EU). 
However, these dialogs have not produced significant improvements in 
the government's human rights practices. The United States and China 
resumed their bilateral human rights dialog in January, but China 
suspended it in April. In recent years, the Government has expanded 
greatly the number and frequency of judicial and other types of legal 
exchanges with foreign countries.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    There are laws designed to protect women, children, the disabled, 
and minorities. However, in practice, societal discrimination based on 
ethnicity, gender, and disability persists. The concept of a largely 
homogeneous Chinese society pervades the thinking of the Han majority.
    Women.--Violence against women is a problem. Violence against women 
can be grounds for prosecution under the law. Sociologists note that 
there has been no detailed research on the extent of physical violence 
against women. However, anecdotal evidence suggests that the reporting 
of domestic abuse is on the rise, particularly in urban areas, because 
greater attention has been focused on the problem. Informal surveys by 
women's groups indicate that 20 percent of women may have been beaten 
by their husbands. Actual figures may be higher because spousal abuse 
still goes largely unreported. According to experts, the percentage of 
households in which domestic abuse has occurred is higher in rural 
areas than in urban centers.
    In recognition of the seriousness of spousal abuse, some 
localities, such as Hunan province, have passed legislation to address 
the problem. However, some experts note that, even when appropriate 
legislation exists, local law enforcement authorities frequently choose 
not to interfere in what they regard as a family matter. There is no 
national spousal abuse law.
    According to some estimates by experts, there are 4 to 10 million 
commercial sex workers in the country. The increased commercialization 
of sex and related trafficking in women (see Section 6.f.) has trapped 
thousands of women in a cycle of crime and exploitation, and left them 
vulnerable to disease and abuse. According to the official Xinhua News 
Agency, one in five massage parlors in China is involved in 
prostitution, with the percentage higher in cities. Unsafe working 
conditions are rampant among the saunas, massage parlors, clubs, and 
hostess bars that have sprung up in large cities. According to one 
estimate there are 70,000 prostitutes in Beijing alone. Research 
indicates that up to 80 percent of prostitutes in some areas have 
hepatitis. In light of this and, in particular, of the growing threat 
of AIDS among Chinese sex workers, the Convention on the Elimination of 
Discrimination Against Women (CEDAW) Committee in December 1998 
recommended that due attention be paid to health services for women in 
prostitution. Although the central Government and various provincial 
and local governments have attempted to crack down on the sex trade, 
there have been numerous credible reports in the media of complicity in 
prostitution by local officials. Thus far, actions to crack down on 
this lucrative business, which involves organized crime groups and 
business persons as well as the police and the military, largely have 
been ineffective.
    There were credible reports of trafficking in persons, and the 
kidnaping of women for sale into prostitution or marriage is a serious 
problem (see Section 6.f.).
    There is no statute that outlaws sexual harassment in the 
workplace, although there has been some discussion by legislators about 
the need for such legislation. The problem remains unaddressed in the 
legal system and often in society. However,experts state that more 
women are raising their concerns about sexual harassment because of 
greater awareness of the problem.
    A high female suicide rate is a serious problem. According to the 
World Bank, Harvard University, and the World Health Organization, some 
56 percent of the world's female suicides occur in China (about 500 per 
day). The World Bank estimated the suicide rate in the country to be 
three times the global average; among women, it was estimated to be 
nearly five times the global average. Research indicates that the low 
status of women, the rapid shift to a market economy, and the 
availability of highly toxic pesticides in rural areas are among the 
leading causes.
    The authorities have enacted laws and conducted educational 
campaigns in an effort to eradicate the traditional preference for 
sons; however, this preference remains strong in rural China. A number 
of provinces have sought to reduce the perceived higher value of boys 
in providing old-age support for their parents by establishing or 
improving pensions and retirement homes.
    The Government has made gender equality a policy objective since 
1949. The Constitution states that ``women enjoy equal rights with men 
in all spheres of life.'' The 1992 Law on the Protection of Women's 
Rights and Interests provides for equality in ownership of property, 
inheritance rights, and access to education. Women's economic and 
political influence has increased. Nonetheless, female activists are 
increasingly concerned that the progress that has been made by women 
over the past 50 years is being eroded and that women's status in 
society has regressed in the 1990's. They assert that the Government 
appears to have made the pursuit of gender equality a secondary 
priority as it focuses on economic reform and political stability. 
Social and familial pressure also has grown for women to resume their 
traditional roles as wives and mothers. A recent study of how women are 
portrayed in the media revealed that images of a woman's worth 
increasingly are linked to her ability to attract a wealthy husband and 
be a good mother.
    The 1992 Law on the Protection of Women's Rights and Interests was 
designed to assist in curbing gender-based discrimination. However, 
women continued to report that discrimination, sexual harassment, 
unfair dismissal, demotion, and wage discrepancies were significant 
problems. Efforts have been made by social organizations as well as the 
Government to educate women about their legal rights, and there is 
anecdotal evidence that women increasingly are using laws to protect 
their rights. Nevertheless, women encounter serious obstacles in 
getting laws enforced. The structure of the social system also prevents 
women from having a full range of options. For example, women who seek 
a divorce face the prospect of losing their housing since government 
work units allot housing to men when couples marry.
    Women have borne the brunt of China's economic reform of state-
owned enterprises. As the Government's plan to revamp state-owned 
enterprises is carried out, millions of workers have been laid off. Of 
those millions, a disproportionate percentage are women, many of whom 
do not have the skills or opportunities to find new jobs. A December 
1998 Asian Development Bank report noted that almost 70 percent of the 
23 million persons who could lose their jobs as a result of state-owned 
enterprise reform were women, even though they only constitute 36.4 
percent of the work force. A 1998 All-China Federation of Trade Unions 
(ACFTU) report estimated that 80 percent of those laid off from state-
owned enterprises in Heilongjiang province were women. Women between 
the ages of 35 and 50 were the most affected, and the least likely to 
be retrained. In addition, female employees were more likely to be 
chosen to take pay cuts when a plant or company was in financial 
trouble. There have been reports that many women have been forced or 
persuaded into early retirement, as well. Discriminatory hiring 
practices appear to be on the rise as unemployment rises. Increasingly 
companies discriminate by both sex and age, although such practices 
violate labor laws.
    Many employers prefer to hire men to avoid the expense of maternity 
leave and childcare and some even lower the effective retirement age 
for female workers to 40 years of age. (The official retirement age for 
men is 60 years and for women 55 years.) Lower retirement ages have the 
effect of reducing pensions, which generally are based on years worked.
    The law promises equal pay for equal work. According to a 1997 
World Bank report, Chinese women, on average, earn between 80 and 90 
percent of the salaries of their male counterparts. Most women employed 
in industry work in lower skilled and lower paid jobs.
    While the gap in the education levels of men and women is 
narrowing, men continue to constitute the majority of the relatively 
small percentage of the population that receives a university-level 
education. According to figures released by the All-China Women's 
Federation, at the end of 1997, women made up 36 percent of all 
university students, and 30 percent of all graduate students. However, 
educators in the large cities have reported that there is a trend 
toward greater gender balance inuniversities. Some academics have 
reported that in some departments women are beginning to outnumber 
men--even in some graduate schools. However, women with advanced 
degrees report an increase in discrimination in the hiring process as 
the job distribution system has opened up and become more competitive 
and market driven.
    According to official figures, in 1995 there were 145 million 
illiterate persons above the age of 15. Women made up approximately 70 
percent of this total. A 1998 Asian Development Bank report estimated 
that 25 percent of all Chinese women are semi-literate or illiterate, 
compared with 10 percent of men. The Government's ``Program for the 
Development of Chinese Women (1995-2000)'' sets as one of its goals the 
elimination of illiteracy among young and middle-aged women by the end 
of the century. The main priority is to increase the literacy of rural 
women, 80 percent of whom are wholly or partially illiterate. However, 
some women's advocates were skeptical that the Government's goal could 
be attained given the lack of resources.
    Children.--The Constitution provides for 9 years of compulsory 
education for children (see Tibet addendum); however, despite the 
requirement that children attend school for 9 years, in economically 
disadvantaged rural areas many children do not attend school for the 
required period, if at all. Public schools are not allowed to charge 
tuition, but faced with revenue shortfalls since the central Government 
largely stopped subsidizing primary education in the early 1990's, many 
schools have begun to charge required fees. Such fees make it difficult 
for poorer families to send their children to school or send them to 
school on a regular basis. Some charitable schools have opened in 
recent years in rural areas, but not enough to meet the demand. 
Children of migrant workers in urban areas also often do not attend 
school, although they may be allowed to do so if they pay required 
school fees (which their parents generally cannot afford, and which are 
higher than for resident children). Some unlicensed schools that cater 
to migrant children and have lower school fees reportedly have opened 
in cities in recent years. However, the quality of these schools is 
uneven. Because the schools are not licensed, their graduates may not 
be able to be admitted to high school. Such schools are in constant 
danger of being closed by the authorities. The Government campaign for 
universal primary school enrollment by 2000 has helped to increase 
enrollment in some areas; however, it also reportedly has led to school 
officials inflating the number of children actually enrolled.
    The extensive health care delivery system has led to improved child 
health and a sharp decline in infant mortality rates. According to 1997 
official figures, the infant mortality rate was 33 per 1,000 in 1996. 
According to the U.N. Children's Fund (UNICEF), in 1995 the mortality 
rate for children under 5 years of age was 47 per 1,000 live births.
    The 1992 Law on the Protection of Juveniles forbids infanticide, as 
well as mistreatment or abandonment of children. The law also prohibits 
discrimination against disabled minors, emphasizes the importance of 
safety and morality, and codifies a variety of judicial protections for 
juvenile offenders. The physical abuse of children can be grounds for 
criminal prosecution.
    There were credible reports of female infanticide. The use of 
ultrasound tests to determine gender also results in decisions to 
terminate pregnancies of female fetuses, but no reliable statistics are 
available on the extent of the problem. One 1997 newspaper article 
quoted a doctor as saying that as many as 97.5 percent of pregnancies 
terminated in his hospital were of female fetuses. A 1997 World Health 
Organization paper reported that the national ratio of male to female 
births in 1994 was 117 to 100 (the worldwide statistical norm is 106 to 
100). Part of the statistical gap may be attributable to female 
infanticide, sex-selective termination of pregnancies, and abandonment 
or neglect of girls. Underreporting of female births by couples trying 
to evade family planning laws to try to have a son is another 
significant factor (see Section 1.f.).
    According to the latest available figures, compiled in 1994, the 
number of children abandoned each year is approximately 1.7 million, 
despite the fact that under the law child abandonment is punishable by 
a fine and a 5-year prison term. The vast majority of those eventually 
admitted to orphanages are female, although some are disabled or in 
poor health. Children put up for foreign adoption are almost 
exclusively girls. The treatment of children at these institutions 
varies from adequate to deplorable. There have been reports of children 
at some orphanages being restrained for long periods of time and being 
denied basic care and food. Accurate determination of infant mortality 
rates in orphanages is difficult, but rates appear to be very high at 
many, especially among new arrivals.
    According to several sources, orphanage workers in some facilities 
reserve basic medical care and even nutrition for children who are 
deemed to have the best chances for survival.
    Some sources report that children whose prospects of survival are 
determined to be poor are placed in rooms separate from other children 
and subjected to extreme neglect. Claims that government policies, as 
opposed to lack of resources, were to blame for the lack of care of 
children placed in orphanages could not be verified. However, Human 
Rights Watch reported in 1996 that many institutions, including those 
with the highest death rates, have budgets that provide for adequate 
wages, bonuses, and other personnel-related costs, but that budgets for 
children's food, clothing, and other necessities are low throughout the 
country. There was a report in 1998 that, at least in one orphanage, a 
new conference room was built while the facilities and care for orphans 
under the age of 2 remained abysmal. The mortality rate for children 
under the age of 2 at this institution reportedly approached 100 
percent, even for those infants who entered in fair health. 
Bureaucratic indifference and corruption on the part of orphanage 
administrators appear to be significant factors in such cases.
    The Government denies that children in orphanages are mistreated or 
refused medical care but acknowledges that the system often is unable 
to provide adequately for some children, especially those who are 
admitted with serious medical problems. In an effort to address this 
problem, in November 1998 the NPC adopted a revised adoption law making 
it easier for couples to adopt. The new law dropped a restriction that 
parents who adopt a child must be childless. It also allows for 
multiple adoptions and lowers the age at which couples are eligible to 
adopt. The Civil Affairs Ministry announced in 1997 that the 
Government's top social welfare priority for that year would be to 
improve conditions in orphanages, and there have been credible reports 
of new construction, renovation, and improved care in some areas. Over 
$30 million (248.4 million rmb) reportedly was allocated for this 
program. A government white paper on women and children issued in 1997 
stated that the central Government had spent $25.7 million (212.8 
million rmb) between 1990 and 1994 to improve ``children's welfare 
institutions,'' the official term for orphanages. During the same 
period, local governments apparently allocated almost $18 million (149 
million rmb) to these institutions.
    Children are reportedly detained administratively in custody and 
repatriation centers, either for minor crimes they have committed or 
because they are homeless. Such children routinely are detained with 
adults, and may be required to work (see Sections 1.d, 1.e., and 6.c.).
    Despite government efforts to prevent kidnaping and the buying and 
selling of children these problems persist in some rural areas (see 
Section 6.f.).
    People With Disabilities.--In 1990 the Government adopted 
legislation that protects the rights of the country's disabled persons. 
According to the official press, all local governments subsequently 
drafted specific measures to implement the law. The press publicizes 
both the plight of the disabled and government efforts to assist them. 
The Government, at times in conjunction with NGO's such as the Lions 
Club International, sponsors a wide range of preventive and 
rehabilitative programs, including efforts to reduce congenital birth 
defects, treat cataracts, and treat hearing disorders. The goal of many 
of these programs is to allow persons with disabilities to be 
integrated into the rest of society.
    However, reality for the disabled lags far behind legal dictates. 
Misdiagnosis, inadequate medical care, pariah status, and abandonment 
remain common problems. In a 1998 speech, Vice Premier Li Lanqing noted 
that in the past decade, the Government has helped some 14 million 
disabled citizens solve their food and clothing problems. Nonetheless, 
Government statistics show that almost one-quarter of the approximately 
60 million disabled persons live in extreme poverty. According to 1998 
government statistics, the unemployment rate for disabled persons is 
26.7 percent, a decrease from the past, but still almost 10 times the 
official rate for the general population. The Government's new strategy 
is to integrate the disabled into the mainstream work force, but these 
efforts are running into a cultural legacy of discrimination and 
neglect, as well as a slowing economy. In the mid-1990's in Beijing and 
eight other cities, the Government began, on a trial basis, to require 
all companies and institutions to hire at least 1 percent of its 
workers from among the disabled. However, over a period of 2 years in 
Beijing, only 400 disabled persons obtained jobs in this way; in 
Shanghai, over a period of 3 years, only 100 persons obtained jobs.
    Deng Pufang, son of the late paramount leader Deng Xiaoping, heads 
the China Welfare Fund for the Handicapped and the China Disabled 
Persons' Federation (CDPF), government-affiliated organizations tasked 
with assisting the disabled. In March 1998, this organization laid out 
a series of goals that it hoped to achieve by 2000, including ensuring 
that all persons with disabilities have adequate food and clothing, 
providingrehabilitation services for 3 million individuals, increasing 
to 80 percent the enrollment rate for disabled students, and reducing 
to 20 percent the unemployment rate for disabled workers.
    The Maternal and Child Health Care Law forbids the marriage of 
persons with certain specified contagious diseases or certain acute 
mental illnesses such as schizophrenia. If doctors find that a couple 
is at risk of transmitting disabling congenital defects to their 
children, the couple may marry only if they agree to use birth control 
or undergo sterilization. This law mandates premarital and prenatal 
examination for genetic or contagious diseases, but it specifies that 
medically advised termination of pregnancy or sterilization requires 
the signed consent of the patients or their guardians.
    In 1998 the adoption law was revised to loosen age restrictions on 
adoption. This change, which was intended to facilitate adoption, may 
have unintended consequences for children with special needs. In the 
past, individuals under the age of 35 could adopt only children with 
special needs. The minimum age for adopting a healthy child is now set 
at 30 instead of 35. Some observers worry that the law, which became 
effective on April 1, may eliminate the age-based incentive for such 
adoptions.
    Standards adopted in 1994 for making roads and buildings accessible 
to the disabled are subject to the 1990 Law on the Handicapped, which 
calls for their ``gradual'' implementation. Lax compliance with the law 
has resulted in only limited access to most buildings.
    Persons in urban areas who are mentally ill or disabled and are 
found on city streets can be detained administratively under custody 
and repatriation regulations, ostensibly for their protection (see 
Sections 1.d. and 1.e.). The conditions under which they are held in 
such centers reportedly are poor.
    National/Racial/Ethnic Minorities.--According to 1995 government 
statistics, the total population of the country's 55 ethnic minorities 
was 108.46 million, or 8.98 percent of the national population. Most 
minority groups reside in areas they traditionally have inhabited, many 
of which are mountainous or remote. The Government's avowed policy on 
minorities calls for preferential treatment in marriage regulations, 
family planning, university admission, and employment. However, there 
have been reports that in some areas ethnic minorities have been 
subjected to pressure to limit births to the lower number allowed Han 
Chinese (see Section 1.f.). Programs have been established to provide 
low-interest loans, subsidies, and special development funds for 
minority areas. Nonetheless, in practice, minorities face 
discrimination. Most of the minorities in border regions are less 
educated than the national average, and job discrimination in favor of 
Han migrants remains a serious problem. Racial discrimination is the 
source of deep resentment on the part of minorities in some areas, such 
as Xinjiang and Tibet; however, the Government does not recognize 
openly racism against minorities or tension among different ethnic 
groups as problems.
    Official figures state that the Government invested $12.6 billion 
(104 billion rmb) in infrastructure development for minority areas 
during the period 1991 to 1995. The ninth 5-Year Plan announced in 1997 
stated that the Government would raise this figure to $27.8 billion 
(230 billion rmb) for the period from 1996 to 2000. According to 
government statistics, between 1991 and 1996, the economies in minority 
regions grew by nearly 11 percent annually, surpassing the national 
average in each year. Government development policies have helped 
improve minority living standards. However, real incomes in minority 
areas, especially for non-Han groups remain well below those in other 
parts of the country, and minorities credibly claim that Han Chinese 
have benefited disproportionately from government programs and economic 
growth. Many development programs have disrupted traditional living 
patterns of minority groups, including Tibetans and the Muslim Uighur 
majority of western Xinjiang. For example, there is evidence that 
official poverty alleviation programs, and major state projects such as 
building dams and environmental/reforestation projects, include forced 
evacuation of persons (see Section 2.d.). Plans to develop tourism in 
Xinjiang also often have focused on marketing and investment 
opportunities but paid little attention to how minority cultures and 
the environment might be affected adversely. However, some projects 
have been dropped for environmental reasons--for example, a proposal to 
build a railway around Lake Tianchi near Urumqi. Since 1949 central 
government and economic policy have resulted in a significant migration 
of Han Chinese to Xinjiang. According to a government white paper, in 
1998 there were approximately 8 million Uighurs, 2.5 million other 
ethnic minorities, and 6.4 million Han in Xinjiang, up from 300,000 Han 
in 1949.
    According to official government statistics, 15.34 million minority 
students attended schools between 1994 and 1996. A 1997 white paper 
stated that 98.2 percent of all school-age children in the Guangxi 
Zhuang Autonomous Region were enrolled in schools in 1996. In many 
areas with a significant population of minorities, there are two-track 
school systems using either Mandarin or the local minority language. 
Students can choose to attend schools in either system. One 
acknowledged side effect of this policy, originally designed to protect 
and maintain minority cultures, has been reinforcement of a segregated 
education system. Under this divided education system, those graduating 
from minority schools are at a disadvantage in competing for jobs in 
government and business, which require good Chinese-language skills. 
Graduates of these schools typically need a year or more of intensive 
Chinese before they can cope with course work at a Chinese-language 
university (see Tibet addendum).
    The Communist Party has an avowed policy of boosting minority 
representation in the Government and the Party. A September government 
white paper reported that there were 2.7 million minority officials in 
the Government. According to government statistics, there were 163,000 
minority officials in the Inner Mongolia Autonomous Region. Minority 
officials constitute 23.3 percent of the region's total, exceeding the 
ratio of the minority population to Han Chinese in the region. Many 
members of minorities occupy local leadership positions, and a few have 
positions of influence at the national level. However, in most areas 
ethnic minorities are shut out of positions of real political and 
decisionmaking power. In Xinjiang the job of county party secretary--
the most important position in a county--typically is reserved for Han 
Chinese, even in counties that are close to 100 percent Uighur. Many 
minorities resent Han officials holding key positions in minority 
autonomous regions.
    During the year, a government plan to resettle some 58,000 ethnic 
Han, Hui Muslim, and Tibetan farmers in a traditionally Tibetan area 
(Dulan county in Haixi Tibetan-Mongolian Autonomous Prefecture, Qinghai 
province) as part of a poverty alleviation program fueled controversy. 
The resettlement, which is to be funded in part by the World Bank 
(which is currently reviewing the project), is planned to take 6 years 
to complete; when the resettlement is completed, the Tibetan population 
is projected to fall to 14 percent of the total in the project area, 
from its current level of 22 percent. On August 15, two foreign 
researchers and their Tibetan translator were detained and interrogated 
by the authorities in Qinghai province, where they had gone to research 
local reaction to the project. One of the foreigners was injured 
seriously when he jumped out of a window. The two foreigners were 
released from custody and expelled from the country after signing 
confessions of wrongdoing; one was detained for 6 days, the other was 
released to Hong Kong after 11 days. Their Tibetan translator was 
released after 1 month in detention.
    Tensions between ethnic Han citizens and Uighurs in Xinjiang 
continued. Since 1996 the authorities have cracked down harshly on 
suspected Uighur nationalists and independent Muslim religious leaders. 
There were numerous reports during the year that Uighurs were being 
executed or sentenced to long prison terms for separatist activities. 
In February a government radio station in the Xinjiang Uighur 
Autonomous Region reported that eight ``violent terrorists,'' who ``had 
taken part in many illegal religious terrorist activities in recent 
years in a vain attempt to split the motherland,'' had been sentenced 
to death in public trials. According to the report, the eight were 
executed immediately after sentencing. Newspapers reported in August 
that the authorities had executed a 20-year-old Uighur, who reportedly 
was behind several bombings that killed a policeman and wounded a 
factory worker in 1998. Also in August, Amnesty International issued a 
report documenting 210 death sentences and 190 executions in Xinjiang 
since 1997. According to Amnesty International, thousands of persons 
have been detained arbitrarily, including some for their suspected 
support of the nationalist cause. Human Rights Watch reports that in 
January, a court official in Ili prefecture admitted that 29 persons, 
all but 2 of whom were Uighurs, had been sentenced to death. During the 
year, there were numerous police checkpoints set up in southern 
Xinjiang. There was at least one in most villages, and there were 
several on major roads. Tensions rose in Xinjiang prior to October 1, 
due to a heightened security presence and an increase in the harassment 
of Uighurs. The heightened security presence continued after the 
National Day celebrations. In late October, there were reports of a 
confrontation between police and Uighurs that left six Uighurs and one 
policeman dead. Amnesty International reports that many Uighurs 
detained for political reasons in Xinjiang between 1990 and 1998 still 
are believed to be in custody.
    A campaign to stress ethnic unity and to condemn ``splittism'' and 
religious extremism that began in Xinjiang in 1997 continued. This 
campaign pervades the Chinese-language media and reaches into the 
region's school system. Authorities maintained tight control over 
``separatist activities,'' announced tightened security and 
antiterrorist measures, and mounted campaigns tocrack down on 
opposition during the year. Security in the region was especially tight 
before the October 1 National Day celebrations, during which an 
exhibition in Urumqi depicting the history of the Uighurs was shut 
down.
    According to some estimates, the migration of ethnic Han into 
Xinjiang in recent decades has caused the Han-Uighur ratio in the 
capital of Urumqi to shift from 20 to 80 to 80 to 20, and is a source 
of Uighur resentment. Han control of the region's political and 
economic institutions also has been a factor in the growth of tension. 
The testing of nuclear weapons in Xinjiang until July 1996 was another 
source of serious contention because of continuing health concerns and 
environmental degradation. Although government policies have brought 
tangible economic improvements to Xinjiang, Uighurs maintain that they 
receive only a small share of the benefits. The majority of Uighurs are 
poor farmers and 25 percent are illiterate.
    The education system provides Chinese-language instruction for Han 
students and Uighur-language instruction for Uighur students until 
fourth grade, and then gradually switches to Chinese as the principal 
language of instruction. Graduation from the Uighur school system 
leaves Uighurs poorly educated, with an inadequate command of the 
Chinese language.
    Possession of separatist publications is not permitted, and, 
according to reports, possession of such materials has resulted in 
lengthy prison sentences. A Uighur-language press exists in Xinjiang, 
but it has a very small circulation, and much of the population depends 
on market rumor for information. In general, central authorities made 
it clear that they do not tolerate opposition to Communist Party rule 
and responded to unrest and terrorist incidents with force and 
heightened security measures.
Section 6 Worker Rights
    a. The Right of Association.--The Constitution provides for 
``freedom of association;'' however, in practice this right is subject 
to the interests of the State and the leadership of the Communist 
Party. The Communist Party controls the country's sole officially 
recognized worker's organization, the All China Federation of Trade 
Unions. The head of the ACFTU is a member of the Standing Committee of 
the Central Committee of the Communist Party.
    Independent trade unions are illegal. The 1993 Trade Union Law 
required that the establishment of unions at any level be submitted to 
a higher level trade union organization for approval, and only approved 
registered unions are legal. The ACFTU subsumes under its authority 16 
industry-based and 31 provincial-level labor unions. They, in turn, 
have jurisdiction over roughly 586,000 ``grassroots'' labor unions 
nationwide. According to labor regulations, there can be only one 
``grassroots'' union per enterprise, and only enterprises that have at 
least 25 employees may establish unions. Following the signing of the 
International Covenant on Economic, Social, and Cultural rights in 
1997, a number of labor activists petitioned the Government to 
establish free trade unions as allowed under the Covenant. The 
Government has not approved the establishment of any independent unions 
to date.
    Under the country's planned economy, the ACFTU's main task was to 
improve labor discipline, mobilize workers to achieve party objectives, 
and dispense social welfare funds. During the past 2 years, the ACFTU 
has attempted to respond to the plight of unemployed workers, who have 
grown to roughly 20 million as a result of layoffs in connection with 
state-owned enterprise reform. The Government has instructed the ACFTU 
to play a more active role in protecting the rights of laid off workers 
and in assisting the Government in the reemployment process. The ACFTU 
claims that, through 1999, it had established over 3,000 job placement 
centers and more than 6,000 professional training programs, benefiting 
over 3 million laid-off workers. During the year it also contributed 
roughly $40 million (320 million rmb) to displaced workers in difficult 
circumstances. Laid-off workers are entitled to unemployment stipends 
for 5 years. The central Government, local governments, and state-owned 
enterprises (SOE's) are to provide the funds for these stipends. Many 
SOE's and local governments have been unable to contribute funds. As a 
result, many workers have not received stipends.
    The country's workforce totals approximately 740 million persons. 
The ACFTU claims 103 million members, over 90 percent of whom work in 
state-owned enterprises. The Trade Union Law allows workers to decide 
whether to join the union in their enterprises, and there have been no 
reports of repercussions for the 5 percent of workers who have not 
joined ACFTU unions. In 1994 the ACFTU actively began recruiting 
workers in the private sector, including in township and village 
enterprises (TVE's), as well as in foreign joint ventures. The ACFTU 
has 5.5 million members in foreign-funded enterprises (approximately 31 
percent of the total) and 1.7 million members in private (nonstate 
domestic)enterprises (approximately 12 percent of the total). Military 
and security personnel are the only categories of laborers who cannot 
join a union.
    Despite these recruiting efforts, over half of the nonagricultural 
work force is still largely unorganized. There are roughly 540 million 
agricultural workers. Farmers do not have a union. There are 
approximately 125 million agricultural workers in township and village 
enterprises (TVE's). The ACFTU has attempted in recent years to recruit 
TVE workers, but only 5.2 million have joined to date. Although some 
TVE's have local branches of the ACFTU, most TVE managers maintain that 
an ACFTU presence is not feasible because their employees continue to 
be classified as ``farmers'' rather than ``workers.'' However, some 
Communist Party secretaries in TVE's take it upon themselves to 
establish union representation and then affiliate with the ACFTU.
    During the year, the authorities allowed the formation of 
semiautonomous ``village'' labor unions in the rural outskirts of some 
cities. These nascent organizations, which have not yet been brought 
formally within the ACFTU, represented migrant laborers in new private 
sector industries. According to some press reports, these village 
unions are effective, relatively independent, and cooperative with city 
governments.
    The Government continued its efforts to stamp out illegal union 
activity, including through detention or arrest of labor activists. For 
example, activists Li Jinhua and Yan Jinhong were sentenced in January 
to reeducation-through-labor for 18 months and 12 months, respectively. 
The two had been arrested in 1998 after leading steelworkers in Sichuan 
to protest unpaid wages by blocking a railway. Zhang Xucheng was 
arrested for participating in the same protest and still is awaiting 
sentencing. Also in January, Zhang Shanguang, the founder of the short-
lived Association to Protect the Rights and Interests of Laid-off 
Workers, unsuccessfully appealed the 10-year prison sentence he 
received in December 1998. Zhang had been convicted of ``illegally 
providing intelligence to a foreign organization'' after informing a 
Radio Free Asia reporter about worker protests in Hunan province. In 
April workers in Tianjin announced the formation of the Chinese 
Association to Protect Worker's Rights. In July labor activist and 
China Democracy Party member Liao Shaohua was arrested on subversion 
charges after taking part in a workers' demonstration outside the 
provincial government building in Changsha, Hunan. He was sentenced to 
a total of 6 years on December 22. In July Yue Tianxiang was sentenced 
to 10 years, and Guo Xinmin, and Wang Fengshan each were sentenced to 2 
years in prison, for subversion. The three were arrested in January 
after establishing the ``China Workers Watch,'' an organization to 
defend workers'' rights. Guo Xinmin's family alleged that police hung 
him by his hands in order to extract information on fellow dissidents. 
In August He Chaohui was given a 10-year prison sentence for providing 
intelligence to foreigners. He had served 2 years in prison for illegal 
union activities in the 1980's and more recently had organized worker 
demonstrations in Hunan. This time he was convicted for providing human 
rights organizations overseas with information on protests.
    Neither the Constitution nor the labor law provide for the right to 
strike. The Communist Party exerts strong control over organized labor. 
Strikes are not sanctioned officially, and accurate statistics on 
strike incidents are not available. However, there continued to be 
numerous reports of demonstrations throughout the country by workers in 
response to unpaid wages, benefits, pensions, and unemployment 
stipends, including in Shenyang, Kaishantun, and Anshan. Workers also 
protested continuing large-scale layoffs that have been prompted by 
industrial restructuring. Demonstrations were typically short and 
nonviolent, with participation ranging as high as the thousands. 
Government authorities for the most part responded with minimal force 
to resolve labor conflicts and refrained from detaining large numbers 
of participants.
    The Trade Union Law assigns unions the role of mediators or go 
betweens with management in cases of work stoppages and slowdowns. In 
addition, a workers' dispute settlement procedure, in effect since 
1987, provides for mediation, two levels of arbitration committees, and 
a final appeal to the courts. The Ministry of Labor and Social Security 
has established a nationwide organizational network for handling labor 
disputes, consisting of 270,000 enterprise labor dispute mediation 
commissions and 3,159 labor dispute arbitration commissions. There are 
1,569,000 full- and part-time enterprise mediators and more than 17,000 
labor arbitrators. In May the ACFTU reported that in 1997 there had 
been more than 71,000 cases of labor-management disputes. This was 
double the number reported by the ACFTU in 1995. According to 
statistics released in September by the ACFTU, there were 152,000 
disputes in 1998, which was more than double the 1997 figure. 
Enterprise mediation committees resolved 113,000 of these cases. 
Arbitration committees handled 66,000 cases, some of which had 
originated before 1998. The courts addressed 3,100 appeals of 
arbitration decisions. According to the 1999 International 
Confederation of Free Trade Unions (ICFTU) report, these mediation 
efforts areoften preferential to employers and are largely ineffective 
in advocating worker rights.
    The International Confederation of Free Trade Unions brought a 
complaint to the ILO against the Government in 1998, alleging the 
detention of trade unionists and violations of the right to organize. 
The Government denied the allegations in its official response to the 
ILO in March. The case is now before the ILO's governing body.
    There are no legal provisions allowing for individual workers to 
affiliate with international labor organizations. However, the ACFTU 
has cultivated relations with international trade unions. According to 
the ACFTU, by mid-year it had established exchanges and cooperative 
relations with over 400 trade unions and international and regional 
trade organizations in over 130 countries. Over the past year, 
approximately 50 official ACFTU delegations traveled overseas to meet 
and study with trade union counterparts.
    b. The Right to Organize and Bargain Collectively.--The 1995 
National Labor Law permits collective bargaining for workers in all 
types of enterprises. The law also provides for workers and employers 
in all types of enterprises to sign individual as well as collective 
contracts. Collective contracts are to be worked out between ACFTU or 
worker representatives and management and specify such matters as 
working conditions, wage distribution, and hours of work. Individual 
contracts are then to be drawn up in line with the terms of the 
collective contract. Collective contracts must be submitted to local 
government authorities for approval within 15 days. According to the 
ACFTU, 72 million workers in over 310,000 enterprises held contracts 
that were negotiated in this fashion as of June.
    The MOLSS uses four methods to set a total wage bill for each 
collective and state-owned enterprise: (1) as a percentage of profits, 
(2) as a contract amount with the local labor bureau, (3) as a state-
set amount for money losing enterprises, or (4) as an enterprise-set 
amount subject to Labor Ministry review. Individual enterprises 
determine how to divide the total among workers, a decision usually 
made by the enterprise manager in consultation with the enterprise's 
party secretary and the ACFTU representative. However, in practice only 
a small number of workers with high technical skills can negotiate 
effectively on salary and fringe benefits.
    Worker congresses, which are held once or twice a year, have been 
established in over 300,000 enterprises. A number of provincial ACFTU 
chairmen have called for further strengthening the power of the 
congresses--particularly on the sale and merger of enterprises. 
Enterprise employees or their representatives attend voluntarily to 
examine enterprise policies and reform plans. Participants also are 
entitled to evaluate and, if necessary, dismiss enterprise managers, 
although this right has not been realized in practice. Unions, in 
consultation with management, are supposed to implement resolutions 
passed by the congresses.
    Nonetheless, many worker congresses continue to act largely as 
rubber stamps for deals predetermined by the manager, union 
representative, and Communist Party secretary. In smaller enterprises, 
the same person sometimes holds these three posts.
    The Trade Union Law prohibits antiunion discrimination, and 
specifies that union representatives may not be transferred or 
terminated by enterprise management during their term of office. Given 
controls on organized labor activity, instances of reprisals or 
discriminatory action by management against unions are uncommon.
    Laws governing working conditions in special economic zones (SEZ's) 
are not significantly different from those in the rest of the country. 
However, wages in the SEZ's and in southeastern China generally are 
significantly higher than in other parts of the country because high 
levels of investment have created a great demand for available labor. 
As in other areas of the country, officials have admitted that some 
foreign investors in the SEZ's are able to negotiate ``sweetheart'' 
deals with local partners that effectively bypass labor regulations. 
Unionized foreign businesses in the SEZ's report pragmatic relations 
with ACFTU representatives.
    c. Prohibition on Forced or Compulsory Labor.--Forced labor is a 
serious problem, particularly in penal institutions. Some penal 
facilities contract with regular industries for prisoners to perform 
manufacturing and assembly work. Others apparently operate their own 
companies. A 1999 directory of Chinese corporations published by a 
foreign business-information company listed at least two correctional 
institutions as having business enterprises. Human rights advocates 
cited this as evidence that products made with prison labor are being 
exported. Government regulations bar the exportof prison-made goods; 
however, it has been nearly impossible to verify whether these 
regulations are enforced effectively. In 1998 there were reports that 
Adidas World Cup soccer balls were produced for export by prisons in 
the Shanghai area. A request for investigation of the allegations was 
made to the Government in October 1998; there has been no response to 
date.
    In 1992 the U.S. and Chinese Governments signed a Memorandum of 
Understanding (MOU) prohibiting trade in prison labor products. A 
statement of cooperation (SOC) detailing specific working procedures 
for implementation of the MOU was signed in 1994. Although the signing 
of the SOC initially helped foster a more productive relationship 
between U.S. Customs and Chinese authorities, in recent years the 
authorities have been uncooperative. The authorities last permitted 
Customs officials to visit a suspect prison labor facility in 1997, at 
which time no evidence of prison labor was found. During the year, U.S. 
Customs unsuccessfully pursued several standing requests to visit eight 
sites suspected of exporting prison labor products (one of which dated 
back to 1992, and several dating back to 1994). Customs also renewed 
requests--some dating back to 1994--for the Ministry of Justice to 
investigate seven factories and three penal facilities for evidence of 
prison labor exports. The Ministry of Justice did not respond to any of 
these requests during the year.
    In addition to prisons and reform-through-labor facilities, which 
hold inmates sentenced through judicial procedures, the Government also 
maintains a network of reeducation-through-labor camps, to which 
persons are sentenced, without judicial review, through administrative 
procedures (see Section 1.d.). Inmates of reeducation-through-labor 
facilities generally are required to work, and there have been reports 
that products made in these facilities are exported. The Government has 
taken the position that the facilities are not prisons and has denied 
access to them under the 1992 prison labor MOU with the United States. 
Credible reports from international human rights organizations and the 
foreign press indicate that some persons in pretrial detention also are 
required to work. Inmates of custody and repatriation centers, who also 
have been detained administratively without trial, reportedly are 
required to perform labor while in detention, often to repay the cost 
of their detention. Most such inmates perform agricultural labor (see 
Sections 1.d. and 1.e.).
    Most anecdotal reports conclude that work conditions in the penal 
system's light manufacturing factories are similar to those in other 
factories, but conditions on the penal system's farms and in mines can 
be very harsh. As in many workplaces, safety is a low priority. There 
are no available figures for deaths and injuries in prison industries.
    Trafficking in women, and the kidnaping and sale of women and 
children for forced prostitution, are problems (see Section 6.f.).
    The Government prohibits forced and bonded labor by children and 
generally enforces the prohibition effectively; except for the problem 
of trafficking in children for forced prostitution (see Section 6.f.) 
and of child labor in custody and repatriation centers (see Sections 
1.d. and 1.e.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The National Labor Law specifies that ``no employing unit 
shall be allowed to recruit juveniles under the age of 16,'' 2 years 
older than the ILO standard age of 14 years for developing countries. 
The Labor Law stipulates administrative review, fines, and revocation 
of business licenses of those businesses that hire minors. The law also 
provides for children to receive 9 years of compulsory education and 
for parents or guardians to provide for their subsistence. Laborers 
between the ages of 16 and 18 are referred to as ``juvenile workers,'' 
and are prohibited from engaging in certain forms of physical work, 
including labor in mines.
    Neither the ILO nor UNICEF believe that there is a significant 
child labor problem in the formal sector. Good public awareness, a 
cheap, abundant supply of legal young adult workers, nearly universal 
primary schooling, and labor law enforcement all reduce opportunities 
and incentives for employers to hire child workers. In view of this 
ample supply of adult laborers, most employers choose not to risk fines 
and possible arrest by hiring underage workers. Furthermore, many 
foreign businesses in more developed areas follow codes of conduct that 
set standards for labor conditions and provide for independent 
inspections. Nonetheless, in poorer, isolated areas child labor in 
agriculture is widespread.
    However, scholars believe that child labor problems exist. Rural 
teenagers, for example, have been attracted increasingly to work in 
urban factories, since wages there are higher than can be obtained in 
agricultural areas. Also, some private enterprises, particularly in 
coal mining, operate far from urban centers,making it difficult for law 
enforcement officials to ensure that child labor is not employed.
    The Government prohibits forced and bonded labor by children, and 
generally enforces this prohibition effectively, except for trafficking 
in children for forced prostitution and child labor in custody and 
repatriation centers (see Sections 1.d. and 1.e., and 6.c.). In 1995 
several foreign newspapers reported instances in which forced child 
labor allegedly was used in the production of Chinese coal, textiles, 
and fireworks. Evidence currently is lacking to substantiate that such 
practices continue.
    e. Acceptable Conditions of Work.--The Labor Law codifies many of 
the general principles of labor reform, setting out provisions on 
employment, labor contracts, working hours, wages, skill development 
and training, social insurance, dispute resolution, legal 
responsibility, supervision, and inspection. There is no national 
minimum wage; the Labor Law allows local governments to determine their 
own standards on minimum wages. In general, minimum wage level 
determinations are higher than the local minimum standard income but 
lower than the current wage level of the average worker. Minimum wages 
are usually sufficient to provide a decent standard of living for a 
worker and family.
    The MOLSS claims to have implemented during the year in over 600 
cities a system that ensures disbursement of unemployment benefits to 
laid-off workers and basic living stipends for the poorest urban 
residents. It has been estimated that there are approximately 20 
million laid off and unemployed workers in the country (see Section 
6.a.). Unemployment benefits are set as a percentage of a worker's 
former salary. Basic living stipends supplement the difference between 
a poor person's income and the minimum standard income for the city 
where he lives. Each city government determines the minimum standard 
income on the basis of local economic conditions. In addition to the 
stipend, families living on less than the minimum standard income are 
eligible for subsidized food, medical services, housing, and funds to 
enable school-age children to complete compulsory education. In 
September the Government raised both unemployment benefits and basic 
living stipends by 30 percent, despite numerous reports that some 
cities had had difficulty providing these benefits and stipends even 
before the increase. With the increases, the cities with the highest 
minimum standard incomes were Shenzhen, Guangzhou, Shanghai, and 
Beijing at $38 (312 rmb), $34 (280 rmb), and $33 (273 rmb) per month, 
respectively. Poorer, interior cities such as Hohhot (Inner Mongolia) 
and Nanchang (Jiangxi province) raised minimum standard incomes to $17 
(143 rmb) and $16 (130 rmb) per month, respectively. However, many 
workers reportedly are not receiving the benefits they are entitled to, 
because the state-owned enterprises and the provincial governments are 
unable to contribute to the funds that pay them (see Section 6.a.). 
According to statistics published in 1999 by the World Bank, the annual 
per capita disposable income of Chinese urban residents in 1998 was 
$656 (5,379 rmb), an increase of 6 percent in real terms from 1997. The 
net income of rural residents was $261 (2,140 rmb), an increase of 4 
percent in real terms from the previous year. However, there were 
estimates that rural income declined during the year. These income 
growth rates occurred against a backdrop of 0.8 percent deflation in 
1998. World Bank figures for the first three-quarters of 1999 indicated 
that rural incomes were continuing to increase, but more slowly than 
urban incomes, widening the already large gap between the living 
standards of the 800 million peasants and those of urban workers. The 
ratio between average incomes in coastal provinces and interior 
provinces has been estimated by Chinese economists to be 12 to 1.
    The Government reduced the national standard workweek in 1995 from 
44 hours to 40 hours, excluding overtime. The Labor Law mandates a 24-
hour rest period weekly and does not allow overtime work in excess of 3 
hours a day or 36 hours a month. It also sets forth a required scale of 
remuneration for overtime work. Enforcement of regulations governing 
overtime work varies according to region and type of enterprise.
    Occupational health and safety remain problems and are frequent 
themes of campaigns and posters in Chinese enterprises. Poor 
enforcement of occupational health and safety regulations continues to 
put workers' lives at risk. Recognizing this, the Government continued 
during the year to cooperate with the ILO in organizing training 
programs for enterprises' health and safety officers as well as local 
government officials. The current work injury insurance system covers 
only 37 million of the country's 200 million industrial workers. Every 
work unit must designate a health and safety officer, and the 
International Labor Organization (ILO) has established a training 
program for these officials. Nonetheless, there is a high rate of 
industrial accidents, with most of the accidents occurring in the 
mining sector. In 1998 the Government called for a concerted effort to 
improve occupational safety after industrial accidents reached 18,268 
in 1997. Statistics released in during the year showed that industrial 
accidents in 1998 declined 16 percent to 15,372.
    Deaths stemming from such accidents likewise declined 16 percent to 
14,660. This trend continued in 1999. Official figures for the first 
half of the year revealed that accidents and deaths were down 12 and 14 
percent, respectively, compared with the first half of 1998. Less than 
half of rural enterprises meet national dust and poison standards. Many 
factories that use harmful products, such as asbestos, not only fail to 
protect their workers against the ill effects of such products, but 
also do not inform them about the potential hazards.
    The drop in the rate of industrial accidents was largely 
attributable to a decrease in mine accidents, which perennially have 
accounted for more than half of all such accidents. Mine accidents 
declined 24 percent in 1998 to 5,674, while mining deaths fell by 18 
percent to 9,221. Accidents and deaths through the first half of 1999 
declined 32 percent and 25 percent, respectively, compared with the 
first half of 1998. The decline was primarily the result of a national 
drive to close unlicensed mines. In 1998 the Government shut down 8,845 
small-sized coal mines, approximately one-third of the illegally 
operated mines that have been ordered closed by the end of 1999. The 
purpose of the drive has been two-fold: to reduce mine accidents and to 
lower the surplus supply of coal, which has driven down coal prices in 
recent years.
    Although the Constitution does not provide for the right to strike, 
the Trade Union Law explicitly recognizes the right of unions to 
``suggest that staff and workers withdraw from sites of danger'' and 
participate in accident investigations. However, it is unclear to what 
extent workers actually can remove themselves from such dangerous 
situations without risking loss of employment.
    f. Trafficking in Persons.--Trafficking in persons and the 
abduction of women for trafficking are serious problems. The purchase 
of women was criminalized in 1991, with the enactment of the NPC 
Standing Committee's ``Decision Relating to the Severe Punishment of 
Criminal Elements Who Abduct and Kidnap Women and Children,'' which 
made abduction and sale separate offenses. The 1992 Law on the 
Protection of Women's Rights and Interests also addressed the issue of 
trafficking in women. Individuals have been sentenced to death for 
their involvement in the trade in persons. In March, a man in Sichuan 
province reportedly was executed for selling women. Although the 
central Government and various provincial and local governments have 
attempted to crack down on the sex trade, there have been numerous 
credible reports in the media of complicity in prostitution by local 
officials. Thus far, actions to crack down on this lucrative business, 
which involves organized crime groups and business persons as well as 
the police and the military, have been largely ineffective.
    According to some estimates by experts, there may be 4 to 10 
million commercial sex workers in the country, an unknown number of 
whom may have been trafficked (see Section 5). The increased 
commercialization of sex and related trafficking in women has trapped 
thousands of women in a cycle of crime and exploitation, and left them 
vulnerable to disease and abuse. According to one estimate there are 
70,000 prostitutes in Beijing alone. According to the official Xinhua 
News Agency, one in five massage parlors in China is involved in 
prostitution, with the percentage higher in cities. Prostitutes can be 
found at many bars and clubs in urban areas.
    Women also are trafficked within or to China for the purpose of 
forced marriage. Some experts, including the CEDAW Committee, have 
suggested that the serious imbalance in sex ratios in some regions (see 
Section 1.f.) has created a situation in which the demand for 
marriageable women cannot be met by local brides, thus fueling the 
demand for abducted women. Others have suggested that the problem is 
exacerbated by the tendency for many village women to leave rural areas 
to seek employment, and by the tradition that requires that expensive 
betrothal gifts be given to women. The cost of betrothal gifts may 
exceed the price of a bride and thus make purchasing a bride more 
attractive to poor rural families. Some families address the problem of 
a shortage of women by recruiting women in economically less advanced 
areas. Others seek help from criminal gangs, which either kidnap women 
or trick them by promising them jobs and an easier way of life and then 
transport them far from their home areas for delivery to buyers. Once 
in their new ``family,'' these women are ``married'' and raped. Some 
accept their fate and join the new community; others struggle and are 
punished. According to reports, many of the kidnapings also occur in 
provinces, such as Sichuan and Guangxi, where the male to female ratio 
is generally balanced. The Government has made efforts to combat this 
practice, but a 1997 report by the U.N. Special Rapporteur on Violence 
Against Women stated that lenient punishment of traffickers and 
insufficient efforts to combat the trade contributed to its continued 
prevalence.
    There were reports that women from Burma, Laos, North Korea, 
Vietnam, and Russia were trafficked into the country either towork in 
the sex trade or to be forced to marry Chinese men. Border guards 
reportedly are involved in trafficking in women from the Democratic 
People's Republic of Korea into China. Some of the women are sold 
against their will to rural Chinese men who have difficulty finding 
wives in their home villages. Others end up working as prostitutes. 
Women reportedly also were trafficked from Vietnam into China for 
purposes of forced marriage. On June 8, press reports stated that 28 
Vietnamese women who had been kidnaped and sold as wives to farmers in 
Fujian province were rescued by the police. Two Vietnamese who 
allegedly sold the women for $845 (7,000 rmb) were also detained.
    According to press reports, trafficking victims have been detained 
by the authorities in custody and repatriation centers before being 
returned home (see Sections 1.d. and 1.e.).
    Chinese women are being trafficked to other countries for work in 
the sex industry, as well. Reports indicated that Chinese women were 
trafficked to countries including Malaysia, Burma, Taiwan, Australia, 
the United States, and Canada; most apparently were from impoverished 
areas in the northeast. Most trafficked Chinese women in Malaysia are 
from the coastal areas of Guangdong, Fujian, and Shanghai. One 
prominent social worker estimates that there are thousands of Chinese 
women working as prostitutes in Malaysia. Most of these women were 
trafficked to Malaysia by ethnic Chinese gangs. Most Chinese women 
trafficked to Australia are reportedly from Shanghai, Hong Kong, and 
Guangzhou.
    Alien smuggling rings also traffic persons from China to other 
countries, including Canada, Japan, the United States, Italy, and other 
countries in Europe, to engage in work in domestic service, 
restaurants, sweatshops, and other businesses. Authorities in Italy 
report that an estimated 30,000 illegal Chinese immigrants work in 
sweatshop conditions outside of Florence, with many children working 
alongside their parents in the production of scarves, purses, and 
imitations of various brand name products. Alien smuggling rings often 
have ties to organized crime, and are international in scope. In late 
December, authorities in the U.S. and Canada began to find persons 
smuggled from China in shipping containers on cargo ships arriving from 
Hong Kong. Those trafficked by alien smugglers may pay high prices for 
their passage to other countries, where they hope that their economic 
prospects may improve. According to press reports in December, several 
Chinese were smuggled into the United States in a well-provisioned 
cargo container. There were reports that the persons in the container 
may have paid between $30,000 to $50,000 (248,000 to 410,000 rmb) each 
for their passage. Many such persons find themselves working in 
situations akin to indentured servitude. Upon arrival, many reportedly 
are forced to repay the traffickers for the smuggling charges by 
working in specified jobs for a set period of time. They often are 
forced to pay charges for living expenses out of their meager earnings, 
as well. The conditions under which these trafficked persons must live 
and work are generally poor, and they may be required to work long 
hours. Their movements often are restricted by the smuggling rings that 
trafficked them, and their travel documents, which are often 
fraudulent, frequently are confiscated. Victims of trafficking face 
threats of being turned in to the authorities as illegal immigrants and 
threats of retaliation against their families at home if they protest 
the situation in which they find themselves. Many of those trafficked 
in this manner are from Fujian province.
    Trafficked persons who are repatriated may face fines for illegal 
immigration upon their return; after a second repatriation, persons may 
be sentenced to a term in a reeducation-through-labor camp. Alien 
smugglers are fined $6,000 (50,000 rmb) and may be sentenced to up to 3 
years in prison.
    Despite government efforts to prevent kidnaping and the buying and 
selling of children these problems persist in some rural areas. Since 
December 1998, Chinese authorities have reported an increase in the 
number of children being trafficked to other countries by alien 
smugglers for purposes of forced prostitution.
    In June the Government convened a conference on migrant trafficking 
interdiction and deterrence; parts of the conference were later aired 
on China Central Television.
    Tibet.--(This section of the report on China has been prepared 
pursuant to Section 536 (b) of Public Law 103-236. The United States 
recognizes the Tibet Autonomous Region (TAR)--hereinafter referred to 
as ``Tibet''--to be part of the People's Republic of China. 
Preservation and development of Tibet's unique religious, cultural, and 
linguistic heritage and protection of its people's fundamental human 
rights continue to be of concern.)
    Respect for the Integrity of the Person.--The Chinese Government 
strictly controls access to and information about Tibet. Thus, it is 
difficult to determineaccurately the scope of human rights abuses. 
However, according to credible reports, Chinese government authorities 
continued to commit serious human rights abuses in Tibet, including 
instances of torture, arbitrary arrest, detention without public trial, 
and lengthy detention of Tibetan nationalists for peacefully expressing 
their political or religious views. Tight controls on religion and on 
other fundamental freedoms continued and intensified during the year, 
especially during sensitive anniversaries and occasions. These included 
the 40th anniversary of the 1959 Tibetan uprising against Chinese rule 
in March, the June visit of Gyaltsen Norbu, the boy recognized as the 
Panchen Lama by the Chinese Government, the Dalai Lama's birthday on 
July 6, the August National Minority Games, and the 50th anniversary of 
the founding of the Peoples' Republic of China on October 1. There were 
political protests by Tibetans in a number of ethnic Tibetan areas, 
including outside of the TAR. According to the Tibet Information 
Network (TIN), an independent news and research service based in 
London, political protest by and detention of Tibetans is both 
increasing and spreading throughout ethnic Tibetan areas, especially in 
ethnic Tibetan areas outside of the TAR.
    Although the authorities permit many traditional religious 
practices and public manifestations of belief, activities viewed as 
vehicles for political dissent are not tolerated and are promptly and 
forcibly suppressed. The security clampdown throughout China is being 
felt in Tibet, and Tibetan Buddhism came under increasing attack. 
Individuals accused of political activism faced ongoing and serious 
persecution during the year. The Government continued its campaign to 
discredit the Dalai Lama and to limit the power of religious persons 
and secular leaders sympathetic to him. The ``patriotic education'' of 
monks and nuns continued to be an important part of the campaign, which 
in the last 2 years was extended throughout Tibet and to monasteries 
outside of the TAR. Although some reports suggest a winding down of 
patriotic education activities throughout the region as the objectives 
of increasing control over the monasteries and reducing the numbers of 
monks and nuns were achieved, religious activities in many monasteries 
have been disrupted severely and monks and nuns have fled to India to 
escape the campaigns. The ban on the public display of photographs of 
the Dalai Lama continued, and such pictures were not readily available 
in many parts of the TAR. There were reports of imprisonment and 
torture or abuse of monks and nuns accused of political activism, the 
death of prisoners, and the closure of several monasteries.
    While there was limited political violence in Tibet during the 
year, several political protesters were beaten severely by security 
forces. According to many credible reports, one protester, Tashi 
Tsering, who attempted to raise the outlawed Tibetan flag with 
explosives tied around his waist during the National Minority Games in 
August, is still in the hospital because of severe head injuries 
received during a brutal public beating by security forces. An 
unconfirmed report has claimed that he, in fact, died from his 
injuries. A teenage monk who shouted proindependence slogans during 
rehearsal ceremonies for the Games also was subjected to a prolonged 
beating in front of hundreds of spectators. Foreigners, including 
international NGO personnel and foreign residents of Tibet, all were 
subject to more restrictions on travel in Tibet than in 1998, in part 
due to authorities' concerns over sensitive anniversary dates. During 
several periods over the summer tourists were subjected to forced 
searches. The Government also placed restrictions on the movement of 
Tibetans during sensitive anniversaries and events. There was a notable 
increase in the number of security forces in and around Lhasa, 
especially during the summer. The Government tightly controls official 
visits, and delegation members usually have very few opportunities to 
meet local Tibetans not previously approved by the local authorities.
    There also were numerous reports of detentions and other 
punishments meted out during the year. International human rights 
organizations reported that on March 10, security personnel in Lhasa 
detained two monks after they demonstrated in Barkhor Square on the 
anniversary of the 1959 Tibetan uprising against Chinese rule; TIN 
reported that 80 persons were detained in Tibet prior to this 
anniversary. In July the two monks, Phuntsok Legmon, age 16, and 
Namdrol, age 21, were sentenced to 3 and 4 years in prison, 
respectively, as well as to periods of deprivation of political rights. 
There also were reports that the Jokhang Temple, the most sacred 
Buddhist site in Tibet, was briefly closed prior to March 10. In August 
a small group of monks and nuns reportedly shouted proindependence 
slogans in a stadium during a cultural performance held in conjunction 
with the National Minority Games; police ran through the crowd in an 
attempt to detain them. According to unconfirmed reports, the group's 
members eventually were detained by the authorities. Three monks were 
detained on October 1 after a peaceful protest near the Potala palace 
in Lhasa. Tibetans in Lhasa reportedly were threatened with a cut in 
their pay or pensions if they refused to take part in rehearsals for 
the October 1 National Day celebrations; Lhasa residents also were 
required to put up national flags at their homes to mark the occasion.
    On July 16, a group of three foreigners was detained in Lhasa for 
having burned a Chinese flag in their hotel room and having committed 
other acts of disrespect towards the flag. The men were detained after 
having taken film with photographs of these events to be developed in a 
local film shop. They were detained by Public Security Bureau officials 
without charge at Lhasa's Gutsa detention center for periods ranging 
from 10 to 15 days. Upon release, the men were expelled from the 
country.
    Agya Rinpoche, former abbot of Kumbum monastery in Qinghai 
province, senior Tibetan religious figure, and an official at the 
deputy minister level, left China in November 1998 due to differences 
with the Chinese authorities over religious policies. Among reported 
reasons for his departure were increased government pressure on Kumbum 
monastery, including the stationing of 45 government or party officials 
and the imposition of patriotic reeducation, and a heightened role 
demanded of him by the Government in its campaign to legitimize 
Gyaltsen Norbu, the boy recognized by the Chinese leadership as the 
11th Panchen Lama. In January authorities announced the launch of a 3-
year drive to promote atheism and science, primarily directed at 
government workers, saying such an effort was needed to promote 
economic progress, strengthen the struggle against separatism, and stem 
``the Dalai clique's reactionary infiltration.''
    Legal safeguards for ethnic Tibetans detained or imprisoned are the 
same as those in the rest of China and are inadequate in design and 
implementation. According to information gathered by TIN, the average 
judicial sentence currently being served is 7.3 years in Tibet compared 
with 5.7 years for the overall average since 1987. TIN reports the 
average administrative sentence (for less than 15 persons) at 2.3 
years. Lack of independent access to prisoners or prisons makes it 
difficult to assess the extent and severity of abuses and the number of 
Tibetan prisoners. A majority of judges are ethnic Tibetans, but most 
have little or no legal training, a problem authorities are working to 
address through increased legal education opportunities. Trials are 
brief and closed. Courts handle approximately 20 cases involving crimes 
against state security each year, for which maximum prison sentences 
are 15 years for each count, not to exceed twenty years in total. Such 
cases mainly concern actions in support of Tibetan independence and do 
not have to be violent to be illegal. A TIN report put the number of 
political prisoners in Tibet at 500 as of the end of the year. TIN 
reports that in Tibet, 80 percent of female detainees are nuns and 
approximately 66 percent male prisoners are monks. The warden of 
Drapchi prison in Lhasa told a delegation of foreign religious leaders 
in February 1998 that there were 100 monks and nuns there, of whom 90 
percent were incarcerated for ``crimes against national security.'' 
There are reports that the rate at which Tibetan political prisoners 
are dying in detention or soon after their release, demonstrably as a 
result of treatment while in detention, is increasing. According to 
TIN, female political prisoners, particularly those held at Lhasa's 
Drapchi prison, are at the greatest risk; since 1987 1 in 22 died while 
in prison or soon after being released. TIN reports that it confirmed 
six deaths in 1998 compared with two deaths in the period from 1987 to 
1997. Drapchi's male political prisoners have died at a rate of about 1 
in 37 since 1987. Overall, TIN reports a death rate of 1 in 48 for 
Tibetan political prisoners as of the end of the year. A 21-year-old 
monk, Legshe Tsoglam, imprisoned in early April after refusing to 
cooperate with a patriotic education campaign at Nalanda monastery near 
Lhasa, was beaten severely while in Lhasa's Gutsa detention center and 
died on April 12, just days after his release, according to TIN. 
Another monk in his twenties, Ngawang Jinpa from Ganden monastery, died 
in May, 2 months after his release from Drapchi prison, where he had 
served a 4-year term for political activities, according to TIN. A 22-
year-old monk from Nalanda monastery, Norbu died in February. During 
his year-long detention in Gutsa, in 1995 and 1996, he sustained damage 
to his kidneys from severe beatings, according to TIN. TIN also 
reported that Lobsang Tenzin, a 33-year-old former student who was 
arrested with Sonam Wangdu, is now in very poor health and unable to 
walk after repeated beatings in the high security Powo Tramo prison in 
remote Pome county. Sonam Wangdu reportedly died in March as a result 
of torture. Lobsang Choephel, a monk from Khangmar monastery, 
reportedly died in detention in May 1998. There have been credible 
reports that after the early May 1998 protests at Drapchi prison, six 
nuns, at least three monks, and another person died as a result of 
beatings received during the disturbances; one prisoner, Ngawang 
Sungrab, reportedly was shot in the abdomen by prison guards during the 
protest. His condition is unknown.
    Ngawang Choephel, a Tibetan ethnomusicologist sentenced in 1996 to 
18 years in prison on charges of espionage, was moved in 1998 from a 
detention center in Shigatse to the high security Powo Tramo prison, 
after the failure of his appeal of his sentence. In response to 
numerous inquiries by foreign officials, the Government acknowledged 
that Ngawang Choephel had developed symptoms of bronchitis, pulmonary 
infection, and hepatitis. His mother's repeated requests to be allowed 
to travel from India toChina to visit him continue to go unanswered by 
the authorities, despite provisions in the law that allow for prisoner 
visits.
    According to credible reports, Chadrel Rinpoche, who was accused of 
betraying state secrets while helping the Dalai Lama choose the 11th 
reincarnation of the Panchen Lama, has been held in a secret compound 
of a Sichuan prison where he is separated from other prisoners, denied 
all outside contacts, and restricted to his cell, since his 1997 
sentence to 6 years' imprisonment after a trial that was closed to the 
public. There are many credible reports that prisoners are tortured and 
mistreated. Authorities use electric shocks, suspension in painful 
positions, and other forms of torture or abuse.
    Several groups also reported mistreatment and beatings of nuns in 
prison, including 23-year-old Ngawang Sangdrol, who was imprisoned at 
age 13, released 9 months later and resentenced at age 15; her prison 
sentence extended for a third time in late 1998 to a total of 21 years 
for her involvement in demonstrations, most recently during May 1998. 
Sangdrol reportedly has been beaten badly on several occasions because 
of repeated participation in protests at Drapchi prison; her health is 
reportedly poor. Six other prisoners also had their sentences extended 
for periods of 3 to 4 years as a result of the May 1998 protests. 
Namgyal Tashi, the elderly father of Ngawang Sangdrol, was to have been 
released from prison in June; however, friends and family have not 
heard from him since 1998. There are credible reports from a number of 
prisons that political prisoners who resisted political reeducation 
imposed by prison authorities, particularly demands to denounce the 
Dalai Lama and accept Gyaltsen Norbu, the boy recognized by the 
Government as the Panchen Lama, also were beaten. There were credible 
reports that guards beat political prisoners at Drapchi prison after 
the protests in May 1998; some were beaten severely, including monk 
Thubten Kalsang and nun Phuntsog Nyidrol (who reportedly tried to 
shield Ngawang Sangdrol from beatings). In at least one cell block, 
prisoners reportedly were confined to their cells for 14 months after 
the incidents in May 1998. According to TIN, punishments meted out to 
uncooperative prisoner leaders have resulted in hunger strikes among 
female prisoners on at least two occasions at Drapchi. In March TIN 
reported clampdowns in prisons following the anniversary of the Dalai 
Lama's flight into exile. According to TIN, officials are resorting to 
lengthening periods of solitary confinement to isolate demonstrators. 
TIN reports one case of two nuns who were still in solitary confinement 
in mid-1998 after having demonstrated in February 1997.
    In February TIN and the foreign press reported increased use of 
military-style drills and exercises at Lhasa's Drapchi prison in an 
effort to increase discipline among prisoners, who were forced to run 
barefoot, stand motionless for extended periods, or march while 
shouting patriotic slogans. Prisoners who fell behind were beaten 
severely. Prisoners also were treated badly in other prisons. TIN 
reported that Gyaye Phuntsog, a 68-year-old monk from Qinghai province, 
may have been deprived of food and sleep for several days during his 
interrogation, prior to his release on medical parole during the 
summer. Several sources report that he is now unable to walk without 
the use of crutches. There were also reports that two Lhasa prisons, 
Drapchi and Utritru, recently have grown to include new cellblocks and 
industrial and agricultural facilities. Among the facilities reportedly 
added to Drapchi prison was a cement factory.
    Promotion of family planning remains an important goal for the 
authorities in Tibet, but family planning policies permit ethnic 
Tibetans, as well as other minority groups, to have more children than 
Han Chinese. Urban Tibetans are permitted to have two children, those 
in rural areas often have three or more, although according to a TIN 
report, in several rural counties a two child limit is being applied. 
In practice, Tibetans working for the Government, especially Communist 
Party members, are pressured to limit themselves to one child.
    In September, the Gyatso Children's Home, an orphanage that housed 
more than 60 Tibetan children in Lhasa, was closed by local 
authorities, who alleged that the home's personnel were engaged in 
corrupt activity and had links to Tashi Tsering, who attempted to raise 
the outlawed Tibetan flag with explosives tied around his waist during 
the National Minority Games in Lhasa in August. The managers of the 
facility and the entire staff were arrested. The children, ranging in 
age from 1 to 14, reportedly either were returned to their home 
prefectures, turned out into the streets, or placed in a local 
orphanage where conditions were reportedly extremely poor.
    Freedom of Religion.--The Government maintains tight controls on 
religious practices and places of worship. While it allows a number of 
forms of religious activity in Tibet, it does not tolerate religious 
manifestations that advocate Tibetan independence or any expression of 
separatism, which it describes as ``splittism.'' The Government harshly 
criticizes the Dalai Lama's politicalactivities and leadership of a 
government-in-exile. The official press continued to criticize 
vehemently the ``Dalai clique'' and, in an attempt to undermine the 
credibility of his religious authority, repeatedly described the Dalai 
Lama as a separatist who was determined to split China. Both central 
government and local officials often insist that dialog with the Dalai 
Lama is essentially impossible and claim that his actions belie his 
repeated public assurances that he does not advocate independence for 
Tibet. Nonetheless, the Government asserts that it is willing to hold 
talks with the Dalai Lama as long as he ceases his activities to divide 
the country and recognizes that Tibet and Taiwan are inseparable parts 
of China's territory. During June 1998, both President Jiang Zemin and 
the Dalai Lama expressed readiness for dialog; however, the Government 
later rebuffed efforts by the Dalai Lama to begin such a dialog.
    Most Tibetans practice Buddhism to some degree. This holds true for 
many ethnic Tibetan government officials and Communist Party members. 
Some 1,000 religious figures hold positions in local people's 
congresses and committees of the Chinese People's Political 
Consultative Conference. However, the Government continues to insist 
that party members and government employees adhere to the Party's code 
of atheism. In January a drive to promote atheism and science was 
announced that, according to official sources, was directed primarily 
toward raising the level of science and technology among government 
workers. According to credible reports, there have been instances in 
which Chinese authorities threatened to terminate Tibetan government 
employees whose children are studying in India (where the Dalai Lama's 
government-in-exile is located) if they did not bring the children back 
to Tibet, and in which authorities searched the homes of government 
workers for religious objects or pictures of the Dalai Lama.
    Buddhist monasteries and proindependence activism are associated 
closely in Tibet. The Government continued its patriotic education 
campaigns begun in 1996, with more focus on Tibetan areas outside of 
the TAR. The campaigns, which largely have been unsuccessful in 
changing Tibetans' attitudes, are aimed at controlling the monasteries 
and expelling sympathizers of Tibetan independence and supporters of 
the Dalai Lama. According to regulations posted at the entrances of 
many monasteries, monks are required to be ``patriotic'' and sign a 
declaration agreeing to reject independence for Tibet; reject the boy 
recognized by the Dalai Lama as the 11th reincarnation of the Panchen 
Lama; reject and denounce the Dalai Lama; recognize the unity of China 
and Tibet; and not listen to the Voice of America. According to some 
reports, monks who refused to sign were expelled from their 
monasteries; others have been detained. Resistance to the campaigns has 
been intense, and the Government's efforts are resented deeply. 
According to the U.N. High Commissioner for Refugees, 2,905 Tibetans 
left Tibet during the year. TIN reports that over one-third included 
``patriotic reeducation'' and its consequences among their reasons for 
leaving.
    In January TIN reported that two major religious sites effectively 
had been closed as a result of the ``patriotic education campaigns'' of 
1997 and 1998. Monks at the Jonang Kumbum monastery in Shigatse and 
nuns at the Rakhor nunnery near Lhasa reportedly were dispersed in 1998 
after they refused to accept conditions laid out by the Government's 
patriotic education teams, including renouncing the Dalai Lama and 
Gendun Choekyi Nyima, the boy recognized by the Dalai Lama as the 
Panchen Lama. The Rakhor nunnery reportedly has been destroyed. 
Approximately 3,000 Tibetans enter Nepal each year, according to the 
U.N. High Commissioner for Refugees. In November 1998, Chinese police 
shot and killed a 15-year-old boy attempting to leave Tibet to become a 
monk in India, according to TIN. Also in the fall of 1998, at least two 
Tibetan girls were raped by a group of ethnic Han and Tibetan police 
after they were caught trying to cross the border with the aims of 
studying at Tibetan schools in India and becoming nuns, according to 
TIN.
    According to information gathered in an interview by a foreign 
official, 15-year-old Sonam Palden and 17-year-old Sonam Tsering 
attempted to leave Tibet in October 1998 to pursue religious teaching 
in India. At the border, Chinese border guards killed Sonam Tsering and 
shot and injured Sonam Palden. During subsequent incarceration in Namri 
prison in Shigatse, Sonam Palden was held in solitary confinement, 
beaten, and denied adequate medical treatment. Following his release 
because of his medical condition, Sonam Palden left Tibet in November.
    TIN reported that authorities imposed harsh measures to ban the 
celebration of the Dalai Lama's birthday on July 6, and that security 
forces beat several Tibetans who attempted to carry out traditional 
celebration activities. The ban on the public display of photographs of 
the Dalai Lama continued, and such pictures were not readily available 
in many parts of the TAR. These restrictions are enforced less strictly 
in Tibetan areas outside of the TAR, where pictures of the Dalai Lama 
are displayed at many monasteries. Portraits of the boy recognized by 
the Government to be the Panchen Lama, Gyaltsen Norbu, were on 
prominent display in some monasteries, but the Government stillbanned 
pictures of Gendun Choekyi Nyima, the boy recognized by the Dalai Lama 
as the Panchen Lama.
    Nonetheless, there were numerous arrests of monks charged with 
distributing or possessing pictures of the Dalai Lama or with having 
links to exile groups; some of these reports came from areas outside of 
the TAR. In a Tibetan area of Sichuan province, at least five monks 
were arrested over the summer and fall for engaging in such activities. 
Two monks in Qinghai province were arrested in April for distributing 
the Dalai Lama's picture, according to a human rights group. The TIN 
reported in January that at least five Buddhist monks and two lay 
persons were arrested in November and December 1998 at the Kirti 
monastery in Amdo, an ethnically Tibetan area outside of the TAR, 
following a ``patriotic education'' campaign being carried out at the 
monastery. The monks were required to accept conditions that included a 
ban on pictures of the Dalai Lama and the Kirti Rinpoche (head of the 
monastery, now resident in India), accept that the Dalai Lama 
represented a separatist movement, hand over copies of the Dalai Lama's 
speeches and writings to the authorities, and renounce Gendun Choekyi 
Nyima, the boy recognized by the Dalai Lama as the Panchen Lama. Those 
detained reportedly were suspected of organizing displays of pictures 
of the Dalai Lama and boycotts of the ``patriotic education'' campaign. 
Many monks have fled Tibet in recent years to avoid persecution for 
their religious and political beliefs.
    Chinese officials state that the TAR has more than 46,380 Buddhist 
monks and nuns and approximately 1,790 monasteries, temples, and 
religious sites. There are proportionate numbers of monks and nuns in 
other Tibetan areas of China. Officials stated that these figures have 
remained stable over the last 3 years because monasteries are not able 
to support higher numbers of monks. However, the Government has moved 
to curb the proliferation of Tibetan Buddhist monasteries, which it 
charges are a drain on local resources and a conduit for political 
infiltration by the Tibetan exile community. The Government generally 
imposes strict limits on the number of monks in major monasteries, and 
has the right to disapprove any individual's application to take up 
religious orders, although these restrictions are not always enforced. 
The number of monks at Ragya monastery reportedly decreased from 500 to 
250 in 1998. There have been reports that other monasteries also have 
been required to decrease the number of monks associated with them.
    The Government continues to oversee the daily operations of major 
monasteries. Although the Government generally contributes only a small 
percentage of the monasteries' operational funds, it retains management 
control of the monasteries through the government-controlled democratic 
management committees and the local religious affairs bureaus. In April 
1996, regulations restricted leadership of management committees of 
monasteries to ``patriotic and devoted'' monks and nuns and specified 
that the Government must approve all members of the committees. Despite 
these government efforts to control monasteries, antigovernment 
sentiment remains strong.
    The Government continued to insist that Gyaltsen Norbu, the boy it 
recognizes and enthroned in 1995 is the reincarnation of the Panchen 
Lama. The Panchen Lama is Tibetan Buddhism's second highest figure, 
after the Dalai Lama. Since then Gyaltsen Norbu visited Tibet in June 
for the first time in 3 years, holding audiences for both monks and lay 
persons who were ordered by their work units to attend. Security 
surrounding the visit was extremely tight. The boy's return to Tibet 
received extensive coverage in the media, where he was quoted as 
telling believers to ``love the Communist Party of China, love our 
Socialist motherland, and love the religion we believe in.'' Norbu also 
appeared publicly in Beijing to mark the 50th anniversary of the 
founding of the People's Republic of China. At all other times he was 
held incommunicado by Chinese authorities. Meanwhile, the Government 
continued to detain Gendun Choekyi Nyima, the boy recognized by the 
Dalai Lama as the Panchen Lama. The boy's family also was detained. 
Repeated requests by high-level foreign government and private 
delegations, including the U.N. High Commisioner for Human Rights, for 
access to the boy have been denied. The Government maintains that Nyima 
has been placed under government protection for his own safety. The 
authorities also maintain that both boys are being well cared for and 
are receiving a good education. The Government denied press reports in 
November that Gendun Choekyi Nyima died and was cremated secretly; 
however, the Government continues to refuse international observers the 
access necessary to confirm his well-being. The majority of Tibetan 
Buddhists recognize Gendun Choekyi Nyima, recognized by the Dalai Lama 
as the Panchen Lama; refugee monks told a foreign official that they 
believe that virtually all Tibetans hold this view. Tibetan monks have 
claimed that they were forced to sign statements pledging allegiance to 
the boy that the Government selected as the reincarnation of the 
Panchen Lama. The Party also urged its members to support the 
``official'' Panchen Lama, and the Propaganda Department of the 
Communist Party committees at both the regional and city levels had 
pictures of the boy printed for use in public and private religious 
displays.
    The Government continued to contribute significant funds towards 
the restoration of Buddhist sites, many of which were destroyed during 
the Cultural Revolution, in part to promote the development of tourism 
in Tibet. Many other restoration efforts are funded privately. The 
monasteries continue to house and train young monks. Although by law 
monks are prohibited from joining a monastery prior to the age of 18. 
In fact, many younger boys join monasteries. In late December, the 14-
year-old Karmapa Lama left Tibet secretly, reportedly to seek religious 
teaching in India. Shortly after his departure, the monastery was 
raided and two persons were arrested.
    While officials state that there is no Falun Gong activity in the 
TAR, reports indicated that there are small numbers of practitioners of 
Falun Gong present in the region, among the ethnic Han population. A 
few reportedly were detained after the Falun Gong was banned in July 
(see Section 2.c.).
    In June 1998, the European Union issued a report based on the trip 
of its ambassadorial delegation to Tibet in early May. The report was 
highly critical of the Government's control of religious freedom and 
stated that ``the delegation was in no doubt that the authorities in 
the TAR exercise extremely tight control over the principal elements of 
Tibetan religion and culture.''
    Economic Development and Protection of Cultural Heritage.--
Tibetans, as one of China's 55 other minority ethnic groups, receive 
preferential treatment in marriage and family planning policies, and, 
to a lesser extent, in university admissions, and in government 
employment. According to official government statistics, 74 percent of 
all government employees in Tibet are ethnic Tibetans. Nonetheless, 
many positions of real power are held by ethnic Han, and most key 
decisions in Tibet are made by Chinese. Although government regulations 
stipulate that government and legal documents are to be in Tibetan, in 
practice written communications by officials and government documents 
very frequently are in Chinese. In the area of private sector 
employment, discrimination against Tibetans is widespread.
    The central government and other provinces of China heavily 
subsidize the Tibetan economy, which has grown by an average annual 
rate of over 10 percent for the last decade. Over 90 percent of Tibet's 
budget income comes from outside sources. Tibet also benefits from a 
wide variety of favorable economic and tax policies. However, these 
policies have attracted growing numbers of ethnic Han and Hui (Muslim) 
immigrants from other parts of China, who are competing with--and in 
some cases displacing--Tibetan enterprises and labor. Government 
development policies have helped raise the economic living standards of 
ethnic Tibetans, particularly in the areas of health care, education, 
and transportation, but many benefits of development accrue primarily 
to Han Chinese. For example, in many areas of Lhasa, almost all small 
businesses are run by Han. Rapid economic growth, the expanding tourism 
industry, and the introduction of more modern cultural influences also 
have disrupted traditional living patterns and customs, causing 
environmental problems and threatening traditional Tibetan culture.
    Prostitution increasingly is a problem in Tibet, as it is elsewhere 
in the country, according to experts working in the region. Hundreds of 
brothels operate openly in Lhasa; up to 10,000 commercial sex workers 
may be employed in Lhasa alone. Much of the prostitution occurs in 
sites owned by the Party or the Government, under military protection. 
Many brothels reportedly are located near military bases and religious 
and cultural sites. Most prostitutes in Tibet are ethnic Han women, 
mainly from Sichuan, but a few are reportedly Tibetan. The incidence of 
HIV among prostitutes in Tibet is unknown, but is believed to be 
relatively high.
    Illiteracy and semi-literacy levels are high. According to official 
Government statistics, the 1998 illiteracy rate for Tibetans age 15 and 
over was approximately 60 percent, and in some areas was considerably 
higher. Chinese officials over the past few years have downgraded the 
use of Tibetan in education and in 1997 announced that they would begin 
teaching Chinese to Tibetan children starting in the first grade. The 
Government stated that this step was taken in order to make Tibetan 
children more competitive with their Han counterparts, and provide more 
educational and employment opportunities in the long run. Primary 
schools at the village level follow a Tibetan curriculum, but these 
schools usually have only two or three grades.
    Approximately 81 percent of eligible children attend primary 
school, but most pupils end their formal education after graduating 
from village schools. According to local education officials, Tibetan 
is the main language of instruction in 60 percent of middle schools, 
especially in more remote areas, although there are special classes 
offering instruction in Chinese. NGO's maintain that this figure is 
high. Most, but not all, of the students in the Chinese classes are 
ethnic Han. Mostof those who attend regional high schools continue to 
receive some of their education in Tibetan, but knowledge of Chinese is 
essential as most classes are in Chinese. Tibetan curriculum high 
schools exist in a few areas, primarily in Tibetan areas outside the 
TAR. Since the mid-1980's, the Government has allocated funds to enable 
Tibetan secondary students to study in schools elsewhere in China. 
According to government figures, there are 13,000 Tibetan students 
currently studying in some 100 schools in different parts of China. 
Knowledge of Chinese is usually necessary to receive a higher 
education, although some minority colleges allow for study in Tibetan.
    Tibet University is a small institution with 1,300 students 
established to train Tibetan teachers for the local educational system. 
Ethnic Tibetans resent disproportionate Han representation in the 
student body and faculty. Tibetans, officially said to constitute 
approximately 95 percent of the region's population, make up only 80 
percent of Tibet University's student body, and 30 percent of all 
university faculty in the Tibet Autonomous Region. Although Tibetans 
are given admission preferences, Han Chinese students frequently gain 
admission because they score higher on admission exams due to stronger 
Chinese-language skills and educational backgrounds. Authorities 
reportedly require professors, particularly those from Tibet 
University's Tibetan Language Department, which is viewed as a 
potential source of dissent, to attend political education sessions and 
limit course studies and materials in an effort to prevent 
``separatist'' political and religious activity on campus. Many ancient 
or religious texts are banned from the curriculum for political 
reasons. The Tibetan Language Department, which was closed to new 
students in the fall of 1997, was reopened in 1998 after its curriculum 
had been purged of religious and ``separatist'' materials.
    In October, the official news agency Xinhua reported that the Tibet 
Autonomous Regional Television opened a Tibetan language satellite 
television channel on October 1. The channel broadcasts in Tibetan for 
10 hours each day, and reaches areas in Sichuan, Qinghai, Gansu, and 
Yunnan provinces as well. There also are two bilingual channels, on 
which Tibetan language programs make up 15 percent of the total.
    The Internet has been open to the public since April. At year's 
end, Lhasa had several Internet cafes and estimates put the number of 
Internet users at 900.
    The Dalai Lama, Tibetan experts, and others have expressed concern 
that development projects and other central Government policies adopted 
at a 1994 national work conference on Tibet encourage a massive influx 
of Han Chinese into Tibet, which has the effect of overwhelming Tibet's 
traditional culture and diluting Tibetan demographic dominance. In 
recent years in Lhasa and other urban areas, freer movement of persons 
throughout China, government-sponsored development, and the prospect of 
economic opportunity in Tibet have led to a substantial increase in the 
non-Tibetan population (including China's Muslim Hui minority as well 
as Han Chinese) in Lhasa and other urban areas. An increased number of 
immigrants from China's large transient population seek to take 
advantage of these new economic opportunities. Most of these migrants 
profess to be temporary residents, but small businesses run by ethnic 
Han and Hui citizens (mostly restaurants and retail shops) are becoming 
more numerous in almost all Tibetan towns and cities.
    In Lhasa, the Chinese cultural presence is obvious and widespread. 
Buildings are of Chinese architectural style, the Chinese language is 
widely spoken, and Chinese characters are used in most commercial and 
official communications. Some observers have estimated that about one-
half of the population in the city is Han Chinese; elsewhere, the Han 
percentage of the population is significantly lower. In rural areas, 
the Han presence is often negligible. Chinese officials assert that 95 
percent of Tibet's officially registered population is Tibetan, with 
Han and other ethnic groups making up the remaining 5 percent. This 
figure does not include the large number of ``temporary'' Han 
residents, including military and paramilitary troops and their 
dependents, many of whom have lived in Tibet for years.
    China's economic development policies, fueled in Tibet by central 
government subsidies, are modernizing parts of Tibetan society and 
changing traditional Tibetan ways of life. Although the Government has 
made efforts in recent years to restore some of the physical structures 
and other aspects of Tibetan Buddhism and Tibetan culture damaged or 
destroyed during the Cultural Revolution, repressive social and 
political controls continue to limit the fundamental freedoms of ethnic 
Tibetans and risk undermining Tibet's unique cultural, religious, and 
linguistic heritage.
                                   ____
                                 

                               HONG KONG

    Hong Kong reverted from British to Chinese sovereignty on July 1, 
1997 (the handover). As a Special Administrative Region (SAR) of the 
People's Republic of China, Hong Kong enjoys a high degree of autonomy 
except in defense and foreign affairs and remains a free society with 
legally protected rights. The Basic Law, approved in 1990 by China's 
National People's Congress, provides for fundamental rights and serves 
as a ``mini-constitution.'' A chief executive, selected by a 400-person 
selection committee, chosen by a China-appointed preparatory committee, 
wields executive power. The legislature (known as the Legislative 
Council) is composed of directly and indirectly elected members. Upon 
reversion, China, which had objected to the electoral rules instituted 
by the British colonial government, dissolved Hong Kong's first fully 
elected Legislative Council. A 60-member Provisional Legislature, 
chosen by the selection committee that named the Chief Executive, took 
office on July 1, 1997. Critics contended that the selection of the 
Provisional Legislature had no basis in law and was designed to exclude 
groups or individuals critical of China. On July 1, 1998, a Legislative 
Council elected earlier that year replaced the Provisional Legislature. 
Twenty seats were elected on a geographic basis through universal 
suffrage, 30 seats through functional (occupational) constituencies, 
and 10 seats through indirect election. There were complaints that the 
election laws favored pro-China candidates in the geographical 
constituencies and severely limited the franchise in the functional 
constituencies (the number of voters in the functional constituencies 
was reduced from 2.5 million to 189,000; however, no parties boycotted 
the elections. Human rights groups contend that the functional 
constituencies are undemocratic. Nonetheless, the 58 percent voter 
turnout was the highest in Hong Kong's history, and the parties and 
independents in the prodemocracy parties won 14 of the 20 seats elected 
on a geographic basis. The power of the legislature is curtailed 
substantially by voting procedures that require separate majorities 
among both geographically and functionally elected legislators for 
bills introduced by individual legislators and by Basic Law 
prohibitions against the legislature's initiating legislation affecting 
public expenditures, political structure, or government operations. In 
addition, the Basic Law stipulates that legislators only may initiate 
legislation affecting government policy with the prior approval of the 
Chief Executive. The Government's successful attempts in January to 
block private member bills on collective bargaining and antiunion 
discrimination revealed that ``government policy'' is defined very 
broadly. By law and tradition, the judiciary is independent; however, 
in May the Government decided to seek interpretation of the Basic Law 
in the ``right of abode'' case from the Chinese National People's 
Congress (NPC). The NPC's interpretation of the law in this case 
effectively overturned a ruling by the Court of Final Appeal, Hong 
Kong's highest court, and raised questions about the continued 
independence of Hong Kong's judiciary.
    A well-organized police force maintains public order under the firm 
control of civilian authorities. The 4,000 Chinese troops sent to Hong 
Kong to replace the British military garrison have maintained a low 
profile and did not perform police functions. There were reports that 
some members of the police committed human rights abuses.
    Hong Kong is a major regional and international trade and finance 
center. It is the principal gateway for trade and investment with 
China. A thriving free market economy operates with little government 
interference (a system provided for by the Basic Law for 50 years). The 
global economic crisis had a significant impact on the economy; per 
capita gross domestic product dropped from $26,000 in 1997 to just over 
$23,000 in 1999.
    The Government generally respected the human rights of its 
citizens; however, human rights problems that existed both before and 
after the reversion to China included: Limitations on citizens' ability 
to change their government and limitations on the power of the 
legislature to affect government policies; reports of police use of 
excessive force; some degree of media self-censorship; violence and 
discrimination against women; discrimination against the disabled and 
ethnic minorities; instances of intimidation of foreign domestic 
servants; and trafficking in persons for the purposes of forced labor 
and forced prostitution. Despite the ban on the Falun Gong in mainland 
China, the Hong Kong Government noted publicly that Falun Gong was a 
legally registered organization and would be allowed to continue its 
activities without interference.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    There were four instances of death of detainees in police custody 
in the first 9 months of the year. The Coroner's Court (appointed by 
the Chief Executive under the Coroner's Ordinance) determined that one 
of the cases was a suicide. In another case, the cause of death was 
determined to be heroin intoxication, but the Coroner's Court returned 
an open verdict because the source of the heroin could not be 
established. The third and fourth cases are under investigation.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law forbids torture and other abuse by the police; 
however, there were reports that police at times used excessive force 
against persons in custody. The law stipulates punishment for those who 
violate these prohibitions, and disciplinary action can range from 
warnings to dismissal. Criminal proceedings may be undertaken 
independently of the disciplinary process. Allegations of excessive use 
of force are investigated by the Complaints Against Police Office, 
whose work is monitored and reviewed by the Independent Police 
Complaints Council, a body composed of public members appointed by the 
Chief Executive.
    Although excessive use of force by police is not widespread, there 
are occasional complaints of force being used during interrogations to 
coerce information or confessions. In the first 9 months of the year, 
the Complaints Against Police Office received 783 complaints of assault 
by the police, but of the 246 cases that were investigated, all were 
withdrawn or deemed ``not pursuable,'' false, or unsubstantiated. The 
remainder are pending investigation. Human rights groups have called 
repeatedly for a more independent monitoring body, noting long delays 
in hearing some allegations, the contrast between the relatively large 
number of complaints and the few that are substantiated, and the 
unwillingness of witnesses to substantiate complaints to the police for 
fear of retribution. In November the U.N. Human Rights Committee 
expressed concern that police responsibility for investigation of 
police misconduct undermines the credibility of these investigations.
    Although conditions vary among facilities, prison conditions 
conform to international standards.
    An August 1998 ruling by the Correctional Services Department that 
the use of force in breaking up fighting between inmates earlier in the 
year was justified prompted widespread criticism and calls for the 
establishment of an independent board to monitor prison conditions.
    The Government permits prison visits by human rights monitors. 
Local justices of the peace regularly inspect prisons, but these visits 
rarely are unannounced, and justices of the peace speak with prisoners 
in the presence of Correctional Services Department staff.
    d. Arbitrary Arrest, Detention, or Exile.--Common law, precedents 
previously in force, and the Basic Law provide substantial and 
effective legal protection against arbitrary arrest or detention. 
Suspects must be charged within 48 hours or released. The average 
length of preconviction incarceration does not exceed 80 days.
    Exile is not practiced.
    e. Denial of Fair Public Trial.--The judiciary has remained 
independent since the handover, underpinned by the Basic Law's 
provision that Hong Kong's common law tradition be maintained. 
According to the Basic Law, the courts may rule on matters that are the 
``responsibility of the Central People's Government or concern the 
relationship between the central authorities and the (Special 
Administrative) Region,'' but before making their final judgments 
(which are not appealable), the courts must seek an interpretation of 
the relevant provisions from the Standing Committee of the National 
People's Congress. When the Standing Committee makes an interpretation 
of the provisions concerned, the courts, in applying those provisions, 
``shall follow the interpretation of the Standing Committee.'' The 
National People's Congress vehicle for interpretation is its Committee 
for the Basic Law, composed of six mainland and six Hong Kong members. 
The Hong Kong members are nominated by the Chief Executive, the 
President of the Legislative Council, and the Chief Justice. Human 
rights and lawyers' organizations have expressed concern for some time 
that, if broadly applied and loosely interpreted, these exceptions to 
the Court of Final Appeal's power of final jurisdiction could be used 
to limit the independence of the judiciary. In May the Government 
decided to seek interpretation of the Basic Law in the``right of 
abode'' case from the Chinese National People's Congress (NPC). The 
NPC's interpretation of the law in this case effectively overturned a 
ruling by the Court of Final Appeal, Hong Kong's highest court, and 
raised questions about the continued independence of Hong Kong's 
judiciary.
    The Court of Final Appeal is Hong Kong's supreme judicial body. An 
independent commission nominates judges; the Chief Executive is 
required to appoint those nominated, subject to endorsement by the 
legislature. Nomination procedures ensure that commission members 
nominated by the private bar have a virtual veto on the nominations. 
The Basic Law provides that, with the exception of the Chief Justice 
and the Chief Judge of the High Court, who are prohibited from residing 
outside of Hong Kong, foreigners may serve on Hong Kong's courts. More 
than 35 percent of Hong Kong's judges come from Commonwealth countries. 
Judges have security of tenure until retirement age (either 60 or 65, 
depending on date of appointment).
    Beneath the Court of Final Appeal is the High Court, composed of 
the Court of Appeal and the Court of First Instance. Lower judicial 
bodies include the District Court (which has limited jurisdiction in 
civil and criminal matters), the Magistracy (exercising jurisdiction 
over a wide range of criminal offenses), the Coroner's Court, the 
Juvenile Court, the Lands Tribunal, the Labor Tribunal, the Small 
Claims Tribunal, and the Obscene Articles Tribunal.
    The law provides for the right to a fair public trial, and this is 
respected in practice. Trials are by jury, and the judiciary provides 
citizens with a fair and efficient judicial process.
    Although the judiciary remains independent, human rights activists 
are concerned that the legal system may favor those closely aligned 
with China or powerful local institutions. These concerns were 
heightened by the Government's 1998 decisions not to prosecute the New 
China News Agency for alleged violations of the Privacy Ordinance (see 
Section 1.f.) and to decline to prosecute a prominent newspaper editor 
accused of fraud. In February the Secretary for Justice explained the 
Government's March 1998 decision not to prosecute newspaper editor 
Sally Aw, who, though accused of fraud, had close ties to Beijing. The 
explanation was given after Aw's three co-conspirators were convicted 
of fraud in January, and a videotape of Aw's confession was leaked to 
the press. In addition to citing a lack of sufficient evidence to 
prosecute, the Secretary noted that she had taken the ``public 
interest'' into account in making the decision because the case could 
have bankrupted the newspaper, thus damaging free speech and putting 
residents out of work. In March anger over the explanation, as well as 
the Government's handling of the right of abode ruling, prompted a 
legislative motion of no confidence in the Secretary for Justice which 
was defeated after heavy lobbying from the Government. In 1998 the 
Provisional Legislature passed the controversial Adaptation of Laws 
(Interpretive Provisions) Ordinance, which replaced the word ``Crown'' 
in Hong Kong legislation with the word ``State'' in hundreds of 
existing laws. Since that time the Government has reviewed 17 laws and 
determined that these laws should be amended to encompass the State 
specifically. Critics are concerned that this change would place 
Chinese government organs above the law, since laws that previously did 
not apply to the Crown now do not apply to the (Chinese) state.
    On January 29, the Court of Final Appeal issued rulings in three 
cases, known collectively as ``the right of abode ruling.'' At the 
handover, the Basic Law for the first time conferred the right of abode 
in Hong Kong on mainland-born children of Hong Kong residents. To limit 
the possibility of a large influx of persons under this provision, the 
Provisional Legislature soon after reversion enacted regulations that 
required mainland-born children of Hong Kong residents to possess a 
certificate of entitlement from Hong Kong immigration authorities 
attached to a valid travel document issued by the Government of China 
in order to exercise the right of abode. For many persons entitled to 
the right of abode, this requirement led to long delays in the ability 
to exercise the right. Would-be migrants challenged the legitimacy of 
the Provisional Legislature and the regulations it issued regarding the 
right of abode. In the cases heard before the Court of Final Appeal, 
the Government also challenged a lower court ruling that illegitimate 
children of Hong Kong resident parents enjoyed the same right of abode 
as those born in wedlock. The Court of Final Appeal ruled that the 
Provisional Legislature was ``legally authorized,'' that administrative 
restrictions limiting the right of abode of mainland-born children of 
Hong Kong parents was in violation of the Basic Law, and that all 
children, born in wedlock or not, were entitled to the same right of 
abode as long as one parent had resided legally in Hong Kong for at 
least 7 years at the time the application was made, rather than at the 
birth of the child. The ruling also asserted the Court of Final 
Appeal's right of judicial review over not only the Basic Law, but also 
over acts of the NPC as they affected Hong Kong. In addition, the 
judgment defined tests and means by which the Hong Kong court should 
seek interpretation of the Basic Law by the National People's Congress.
    On February 8, a Chinese State Council spokesman termed the Court's 
decision a ``mistake'' that ``should be changed.'' On February 26, in 
response to criticism from mainland legal scholars and officials, the 
Hong Kong Government requested an unprecedented ``clarification'' of 
the Court's assertion of the right of judicial review from the Court of 
Final Appeal, citing ``public interest'' and constitutional concerns. 
The Court responded with a brief statement stressing that it did not 
question the power of China's NPC to interpret the Basic Law but 
reserved its power to test acts of the NPC against the Basic Law. Human 
rights activists and some legislators expressed concern that the 
clarification set a ``dangerous precedent.''
    The Government of Hong Kong did not implement the right of abode 
ruling immediately. After the ruling was issued, immigration officials 
only processed applications on the mainland for certificates of 
entitlement to Hong Kong residency that were accompanied by 
applications for one-way entry permits to Hong Kong (to be granted by 
granted by Chinese authorities). According to a government study 
released on April 29, the January ruling increased the number of 
persons eligible to apply for residency in Hong Kong on the basis of 
parental residency from an estimated 66,000 persons to an estimated 
1.67 million persons (approximately one-quarter of Hong Kong's current 
population) within 7 years, leading to general fears of serious 
overcrowding. However, some critics claimed that the Government's 
figures were too high.
    On May 18, Chief Executive C.H. Tung announced the Government's 
intention to ask the Standing Committee of the NPC to interpret two 
sections of the Basic Law relevant to the Court of Final Appeal's right 
of abode ruling. The Government submitted its request to the Standing 
Committee after giving the legislature only 24 hours to consider a 
motion endorsing the Chief Executive's decision to seek interpretation. 
On May 19, the Legislative Council voted to support the decision to 
seek interpretation of the Basic Law. Legislators from the democratic 
parties boycotted the vote and wore black to mourn the ``death of 
justice.'' Hundreds of lawyers, who viewed the request as a 
postjudicial remedy that undermined the authority and independence of 
the judiciary, marched in protest.
    The NPC interpretation, issued on June 26, implied that the Court 
of Final Appeal erred in not seeking NPC interpretation before it 
issued its ruling because the Basic Law clauses on which its ruling was 
based involved ``matters involving the relations between the Central 
Government and the SAR.'' The NPC declared that the original 
legislative intent of one of the Basic Law articles, as expressed in a 
1996 Preparatory Committee Document, was that at least one parent had 
to have had right of abode at the time of the child's birth (rather 
than at the time of application) in order to confer that right upon the 
child. The NPC also declared that these children must apply for 
approval for entry into Hong Kong. The NPC interpretation effectively 
overturned the ruling of the Court of Final Appeal, which led many 
legislators and human rights activists to express concern about how 
final the judgments of the Hong Kong Court of Final Appeal actually 
were. Although the status of the litigants in the original case(s) was 
unchanged, the effect of the interpretation was to reduce the number of 
persons eligible for right of abode in Hong Kong from an estimated 1.67 
million to 160,000. Following the interpretation, the Government issued 
immigration regulations that gave the interpretation retroactive effect 
from July 1, 1997.
    Two additional right of abode cases, one dealing with the rights of 
adopted children and the other with mainlanders who sought to exercise 
their right of abode without mainland-issued documents permitting them 
to remain in Hong Kong were heard by the Court of Final Appeal in 
October. On December 3, the Court of Final Appeal issued its judgment 
regarding the mainlanders who sought to invoke the right of abode in 
Hong Kong without the required documentation. The Court ruled that the 
NPC had the authority to interpret the Basic Law, that the NPC's June 
interpretation of the Basic Law therefore was binding, and that the 
interpretation upheld the Government's previous documentation and time 
of birth requirement. The Court gave the interpretation effect from 
July 1, 1997, and stated that the would-be immigrants who had not 
completed the proper procedures could be returned to China. Nine 
persons were injured in protests which followed the Court of Final 
Appeal's December ruling. Police arrested three protestors. By year's 
end, no ruling had been issued in the case dealing with the rights of 
adopted children.
    In a March case involving the desecration of the Chinese and Hong 
Kong flags, the High Court ruled unanimously that the PRC and Hong Kong 
flag ordinances were inconsistent with the Basic Law because they 
violated the International Covenant on Civil and Political Rights, 
which is subsumed in the Basic Law. However, in December the Court of 
Final Appeal overturned the ruling.
    According to the Basic Law, English may be used as an official 
language by the executive, legislative, and judicial branches.
    For historical reasons and because of the courts' reliance on 
common law precedents, almost all civil cases and most criminal cases 
are heard in English. To help remedy this, the Government has increased 
the number of officers in the Legal Aid Department proficient in 
Chinese. A 1996 pilot scheme for simultaneous interpretation in some 
court proceedings failed, but the Government extended the use of 
bilingual prosecution documents and indictments. All laws are available 
in Chinese and in 1997 the High Court heard the first jury trial ever 
conducted in Cantonese.
    Some human rights groups have expressed concern that the Government 
has not protected the interests of Hong Kong residents arrested in 
mainland China vigorously enough. The issue is complicated by the 
absence of an agreement allowing Hong Kong officials access to Hong 
Kong citizens arrested or detained in mainland China.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law provides for the right of privacy, and the 
Government generally respects this right in practice. The Interception 
of Telecommunications Ordinance, passed by the Legislative Council in 
1997, requires the security forces to obtain a warrant from the High 
Court for a wiretap or mail interception. However, because the law 
specifies that the Government must name an effective date for the 
change, it has never been implemented. As a result, wiretaps are 
approved by the Chief Executive's office; a court issued warrant is not 
required. Responding to Legislative Council questioning in September 
1998, the Secretary for Security refused to reveal the number of 
government wiretaps.
    For more than 20 years, the Independent Commission Against 
Corruption was vested with powers, including the right to authorize 
searches and detain suspects, which normally are exercised only by a 
judicial officer. Amendments to ordinances governing the Commission 
took effect in 1997, depriving the Commission of the independent 
authority to issue arrest or search warrants. However, the Commission 
still does not apply the presumption of innocence in corruption cases, 
and criminal convictions are obtained by regarding any excessive, 
unexplainable assets held by civil servants as ill gotten until proven 
otherwise.
    In 1996 the Government established the Office of the Privacy 
Commissioner for Personal Data (PCO) under the Personal Data (Privacy) 
Ordinance (PDPO) to prevent misuse and disclosure of data such as 
medical and credit records. The ordinance also prohibits matching sets 
of personal data without the consent of the subject individual or the 
commissioner, although some government departments were exempted in 
order to combat social welfare abuse and tax evasion. Some violations 
of the PDPO constitute criminal offenses, although there have been no 
prosecutions under the PDPO. In other cases, an injured party may seek 
compensation through civil proceedings. If the PCO believes that 
violations may continue or be repeated, he may issue an enforcement 
notice. From the end of 1996 when the PDPO took effect through the end 
of September, the PCO had received 1,018 complaints, 325 of them in the 
first 9 months of the year. Since 1996, of the 903 completed 
investigations, 325 completed during the year, the PCO found violations 
of the PDPO in 72 cases, resulting in the issuance of 16 enforcement 
notices and 44 warning notices.
    The Government determined that under the Adaptation of Laws 
(Interpretive Provisions) Ordinance, passed by the Provisional 
Legislature (a nonelected body that performed the legislative function 
from July 1, 1997 to June 30, 1998) in 1998, the Personal Data Privacy 
Ordinance is not applicable to the central People's Government organs 
in Hong Kong. The Adaptations of Laws Ordinance replaced the word 
``Crown'' in Hong Kong legislation with the word ``State'' in hundreds 
of existing laws. Government officials say that the change is a 
technical fix, necessary for the continued implementation of 
prehandover laws, that does not offer a wholesale exemption from laws. 
However, critics are concerned that the change places Chinese 
government organs, particularly the New China News Agency, above the 
law.
    In June the High Court dismissed a legislator's civil suit over the 
failure of the New China News Agency to respond within the Ordinance-
specified time frame to the legislator's request for information about 
her in the Agency's files, because the NCNA Director named in the suit 
was not in Hong Kong at the time the incident occurred.
    In November the Office of the Telecommunications Authority (OFTA) 
requested an explanation from a major local paging company, China 
Motion Telecom International (CM Telecom), which allegedly failedto 
relay messages referring to the Falun Gong (which was banned on the 
mainland in July) (see Section 2.c.). The OFTA stressed that the 
company, which provides both Hong Kong-only and China-wide service to 
Hong Kong customers, would be monitored closely to ensure that its 
operations complied with Hong Kong license requirements under which 
paging companies may refuse to relay only messages that are obscene or 
that could lead to activities that are unlawful under local laws. 
However, the OFTA also agreed that it could not ask the paging company 
to act in violation of Chinese laws. In a compromise, the company 
agreed to relay messages concerning Falun Gong to its Hong Kong-only 
subscribers, but was allowed to use its discretion in forwarding such 
messages to its China-wide subscribers. CM Telecom declined to relay 
messages concerning Falun Gong to customers whose service is China-
wide. Thus, the ability of CM Telecom's Hong Kong customers to receive 
messages concerning Falun Gong depends upon what type of paging service 
they have purchased.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Basic Law provides for freedom 
of speech, of the press, and of publication, and there was no apparent 
change in the tradition of respect for these freedoms after reversion; 
however, some journalists continued to practice a degree of self-
censorship. Overall, the media has been outspoken in defending civil 
liberties. Reporting on the November District Council elections 
generally was regarded as fair and balanced. However, the Basic Law 
also directs Hong Kong to pass laws prohibiting ``treason, secession, 
sedition, subversion against the Central People's Government, or theft 
of state secrets'' (see Section 2.b.). The Interception of 
Communications Ordinance, passed by the Legislative Council in June 
1997, nullified Section 33 of the Telecommunications Ordinance, which 
granted the Government wide-ranging powers to ban messages. However, 
this provision was never implemented, because the Government has not 
named a date for the changes to take effect. The Public Order Ordinance 
enables the Government to ban a demonstration on national security 
grounds, including as a factor whether it advocates independence for 
Tibet or Taiwan. In practice, this situation has not arisen and only 
one application for a permit to demonstrate was denied (see Section 
2.b.).
    Newspapers publish a wide variety of opinions. After July 1, 1997, 
there was neither a sharp increase nor decrease in coverage critical of 
China, but there were many more reports critical of the Hong Kong 
Government than there were before the handover. Persons speak freely to 
the media. Political debate is vigorous, and numerous viewpoints, 
including stories and opinions critical of the Hong Kong and Chinese 
Governments and statements by leading Chinese dissidents, are provided 
in the mass media, in public forums, and by political groups. 
International media organizations operate freely. Sixteen major daily 
newspapers, 2 commercial television stations, 1 cable television 
station, and 2 commercial radio stations function with virtually no 
government control.
    Foreign reporters need no special visas or government-issued press 
cards. Many local reporters continue to enter China to cover sensitive 
stories related to Hong Kong, Taiwan, or the mainland. China still 
requires journalists--both foreign and those from Hong Kong--to apply 
for permission to make reporting trips to the mainland. Those who 
bypass official channels--which many feel they must do to get the 
stories they want--risk violating Chinese regulations. At least one 
publication whose owner offended China's leadership several years ago 
subsequently has been unable to get official permission for its 
reporters to cover events on the mainland.
    There is a widespread impression among both journalists and the 
public that it is prudent to engage in a degree of self-censorship; 
however, there were fewer reports of self-censorship than in the recent 
past. The pressures on journalists are subtle--there are no direct 
orders to refrain from writing, but there is a wide perception of a 
need for special care toward topics of particular sensitivity to China: 
Leadership dynamics, military activity, or Taiwanese or Tibetan 
independence, although numerous articles on these topics continue to 
appear. Chinese-language journalists report a pervasive, if tacit, 
understanding that editors expect those reporting on China to be 
particularly certain of their facts and careful in their wording. 
Another source of pressure comes from the belief by some publishers and 
editors that advertising revenues or their business interests in China 
could suffer if they were seen to be too antagonistic to China or 
powerful local interests.
    In August mainland leaders and local deputies to the NPC criticized 
the government-owned Radio Television Hong Kong (RTHK) for producing a 
program in which a prominent but unofficial Taiwan representative 
endorsed Taiwan President Lee Teng-hui's controversial ``two-states'' 
policy. In response to the criticism, the Chief Executive and other 
senior officials reiterated the importance of freedom of speech, but 
expressed dissatisfactionwith the representative's remarks. In November 
the representative returned to Taiwan to take a senior position, amid 
reports that the Government refused to extend his visa. In response to 
the criticism, RTHK reiterated its editorial guidelines stressing its 
independent editorial line. Nonetheless, journalists and human rights 
groups are concerned that the criticisms may have a ``chilling'' effect 
on the press. In October the Government abruptly announced that the 
head of RTHK, Cheung Man-yee, was to be promoted to Economic and Trade 
Representative to Japan. Cheung is known as an outspoken defender of 
press freedom and of RTHK's editorial independence, and under her 13-
year leadership RTHK was often critical of the Government. Many 
legislators and human rights groups expressed concern that press 
freedom would be affected by Cheung's transfer. Cheung denied that the 
transfer was politically motivated, but acknowledged that she had 
experienced political pressures in the past. Senior government 
officials, including the Chief Executive and the Chief Secretary, 
denied that the transfer was anything but routine and once again 
reiterated their support for freedom of the press. The appointment in 
November of Cheung's deputy, an individual widely perceived to be an 
ardent supporter of a free press, to succeed her helped to allay public 
fears; he reiterated RTHK's commitment to editorial independence. One 
of the by-products of the controversy was renewed debate over the 
desirability of privatizing RTHK.
    In August, in response to a growing number of complaints about 
tabloid-style journalism, which encouraged intrusive reporting by the 
press, the Law Reform Commission (an independent commission appointed 
by the Government in the 1980's) issued a consultation paper on privacy 
issues and the media. The paper suggested that a Press Council with the 
power to reprimand or fine a publication found to be ``in serious 
breach of the Privacy Code'' should be appointed by the Government. 
Public reaction was mixed, but journalists, legal experts, and human 
rights groups were concerned that such a body could be used to restrict 
press freedom. In October the Chief Executive expressed the hope that 
the press could regulate itself.
    In November in a case in which a news group sued RTHK for 
defamation, the Court of Final Appeal upheld the constitutional 
protection of free speech and ruled in favor of RTHK, noting that ``no 
narrow approach should be taken to the scope of fair comment on a 
matter of public interest.''
    On March 23, the High Court overturned the convictions of two 
persons convicted of desecrating Chinese and Hong Kong flags during a 
peaceful 1998 demonstration. The court ruled that both the Hong Kong 
and Chinese flag desecration laws were inconsistent with the Basic Law. 
The Government appealed. Many legal experts, legislators, and human 
rights activists were concerned that if the Court of Final Appeal 
upheld the lower court's decision, the Government would seek an 
interpretation of the laws from the National People's Congress, as it 
had in the right of abode case (see Section 1.e.). In December the 
Court of Final Appeal ruled unanimously that the flag desecration laws 
did not violate the Basic Law and reinstated the convictions of the two 
persons accused of desecrating the Hong Kong and Chinese flags, thereby 
avoiding another confrontation over the Basic Law. In October the 
police, citing the Land Ordinance's prohibition on the erection of 
unlicensed structures, removed a Taiwan flag erected on public property 
on the anniversary of the founding of the Republic of China.
    Falun Gong publications were displayed prominently at the Hong Kong 
International Book Fair. However, some Hong Kong publishing houses 
owned by mainland Chinese interests declined to continue publishing 
Falun Gong materials after the movement was banned on the mainland in 
July (see Section 2.c.), and some bookstores run by Chinese enterprises 
removed Falun Gong books from their shelves.
    In July the publisher of Taiwan President Lee Teng-hui's recently 
published book complained that an advertisement it had paid to run for 
2 weeks in a Hong Kong subway station was taken down after 1 week, with 
no explanation. A spokesperson for the subway system stated that it was 
an ``administrative error'' rather than a political decision.
    In November the founder of the Information Center for Democracy and 
Human Rights Movements in China, which issues press releases on 
strikes, demonstrations, and arrests in China, complained that he was 
receiving almost 1,000 harassing phone calls and faxes each day from 
security agents in China. The police are investigating the complaint.
    In 1996 a code on access to information governing the provision of 
information by government agencies was extended to the entire 
Government. The code requires government departments to release 
information to the public unless there is a valid reason to withhold 
it. A department may withhold ``sensitive'' information in such areas 
as defense, security, external affairs, or law enforcement. Guidelines 
for access to information are provided to the public on an Internet web 
page.
    The Government respects academic freedom. There is a wide range of 
opinions and lively debate on campuses.
    b. Freedom of Peaceful Assembly and Association.--Freedom of 
assembly is practiced without significant hindrance. Article 23 of The 
Basic Law provides that Hong Kong shall enact laws to prohibit 
subversion, secession, treason, and sedition against the Chinese 
Government. The process of developing this legislation continues with 
no indication of when such laws may be enacted. Amendments to the Crime 
Ordinance, passed by the Legislative Council in 1997, narrowed the 
definition of treason and sedition to include a ``proven intention of 
causing violence or creating public disorder or a public disturbance.'' 
However, since the amendments stipulate that the Government must name 
the date when the change is to take effect, the Government has chosen 
not to enact the amendments until comprehensive legislation dealing 
with all ``Article 23 crimes'' is developed. In the interim, 
preexisting provisions in the Crime Ordinance dealing with treason and 
sedition continue to apply. In November the U.N. Human Rights Committee 
expressed concern that the offenses of treason and sedition under the 
Crimes Ordinance are defined in overly broad terms, thus endangering 
freedom of expression.
    A revised Public Order Ordinance passed by the Provisional 
Legislature, which took effect on July 1, 1997, reintroduced licensing 
for demonstrations. Demonstration organizers must notify the police of 
their intention to demonstrate 1 week in advance (shorter notice is 
accepted when the Commissioner of Police is satisfied that earlier 
notice could not have been given). The police must give a clear reply 
within 48 hours and may object on national security grounds. However, 
in practice, the police have denied only one application to 
demonstrate; in that case, environmental groups wanted to block traffic 
with garbage trucks to urge the Government to open more recycling 
centers. There is an average of four demonstrations per day, a rate 
slightly higher than the prehandover rate. However, demonstrators, 
particularly labor activists, complain that demonstrations often are 
limited to ``designated areas'' where they receive little public 
attention and that police sometimes outnumber demonstrators. On May 30, 
up to 4,000 persons marched through central Hong Kong to commemorate 
the 10th anniversary of the June 4, 1989 massacre in Tiananmen Square. 
On June 4, nearly 70,000 demonstrators attended a candlelight vigil to 
commemorate the anniversary. However, there were reports in October 
that Chief Executive C.H. Tung urged Hong Kong Alliance for the 
Promotion of Democratic Movements in China leaders earlier in the year 
to stop holding annual commemorations of the Tiananmen Square 
crackdown; the Chief Executive denied making any such requests. A 
police order issued in September 1998, while underlining that it is 
police ``policy to facilitate, as far as possible, all peaceful public 
order events,'' also stipulates that certain ``internationally 
protected persons'' are in addition to security entitled to 
``protection of their dignity.'' Human rights activists are concerned 
that the policy may lead to the use of police tactics such as those 
employed during the September 1997 visit of Li Peng, when the police 
played classical music over loudspeakers to drown out the shouts of 
demonstrators; the independent Police Complaints Council later ruled 
that such tactics were inappropriate. In October the police arrested 
(but immediately released) protesters conducting noisy demonstrations 
near the official flag raising ceremony marking the 50th Anniversary of 
the founding of the PRC.
    Freedom of association is practiced without significant hindrance. 
In the first 9 months after the handover, 626 societies were registered 
and no applications for registration were denied. However, the ``Never 
Forget June 4 Organization,'' whose constitution calls for the end of 
one party rule in China, claims that the police have delayed the 
group's registration. Human rights groups also have expressed concern 
that the amended Societies Ordinance, which like the amended Public 
Order ordinance was passed by the Provisional Legislature, could be 
used to restrict political activity. The Societies Ordinance requires 
that new societies must apply for registration within 1 month of 
establishment. The Government may refuse registration if it believes 
that the refusal is necessary in the interests of national security, 
public safety, public order, or the protection of the rights and 
freedom of others. The Government also may refuse to register a 
political body that receives support from a foreign political 
organization or a Taiwan-based political organization.
    c. Freedom of Religion.--The Basic Law provides that the Government 
respect religious freedom and activities, the Bill of Rights Ordinance 
prohibits religious discrimination, and the Government respects these 
provisions in practice. Government policy and general practice ensure 
freedom of religion. Religious groups are not required to register with 
the Government, and are exempted specifically from the Societies 
Ordinance, which requires the registration of nongovernmental 
organizations.
    Following the ban on the Falun Gong in China on July 22, Falun Gong 
practitioners continued to be allowed to practice and to protest the 
arrests of Falun Gong practitioners on the mainland. Senior government 
officials issued statements in October confirming that the local Falun 
Gong chapter was registered legally under the Societies Ordinance and 
would be allowed to continue its activities without interference. 
Security officials in Hong Kong stated that the ban on the Falun Gong 
effective in China did not apply to Hong Kong. Some bookstores run by 
Chinese enterprises have removed Falun Gong works from their shelves 
(see Section 2.a.). From December 11-13, up to 1,000 persons attended a 
Falun Gong conference held in Hong Kong that attracted practitioners 
from several countries. The conference occurred without incident, 
despite stern warnings from Chief Executive C.H. Tung not to violate 
mainland law. In November a major paging company was required to 
explain to telecommunication authorities why it was not relaying 
messages concerning Falun Gong to its Hong Kong customers; in a 
compromise, it was required to forward such messages to its Hong Kong-
only service customers, but was allowed to decline to relay such 
messages to its China-wide service customers because doing so would 
violate Chinese law (see Section 1.f.).
    Some religious leaders have expressed concern that the Basic Law, 
which calls for ties between Hong Kong and mainland religious 
organizations to be based on ``nonsubordination, noninterference and 
mutual respect,'' could be used to limit such contacts. However, there 
were no reports, however, of any limits being applied or proposed.
    In June China, which has responsibility for Hong Kong's defense and 
foreign affairs, blocked a proposed visit by the Pope to Hong Kong. The 
Government of the People's Republic of China reportedly insisted on 
treating the visit as one of a head of state rather than as one of a 
religious leader. Many religious, political and human rights leaders 
publicly expressed disappointment that the visit was cancelled.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--There is freedom of movement within Hong 
Kong, and travel documents are obtained freely and easily. (However, 
there are some limits on travel to the mainland imposed by the Chinese 
central Government).
    As was the case before the handover, the Taiwan passport is not 
recognized as valid for visa endorsement purposes.
    In April, Wang Dan and several other prominent dissidents were 
denied visas to enter Hong Kong; they had hoped to attend a conference 
on democracy in China on May 1 and a candlelight vigil to commemorate 
the events at Tiananmen Square in 1989. However, exiled Chinese 
dissident Xiang Xiaoji, a foreign citizen, was allowed to attend the 
conference. Chinese authorities do not permit a number of Hong Kong 
activists and legislators to visit the mainland. On June 10, two 
legislators, James To and Cyd Ho, were denied permission to board a 
flight to Beijing; when they attempted to board another flight, they 
reportedly were told that the Chinese authorities would not admit them 
to the mainland. The two had intended to lobby Chinese government 
officials against interpretation of the Basic Law by the NPC in the 
right of abode case (see Section 1.e.). In September the Chinese 
Government cancelled the visa of prominent Hong Kong legislator 
Margaret Ng, who had protested the Government's request for an NPC 
interpretation of the Basic Law, and had moved for a motion of no 
confidence against the Secretary for Justice. The cancellation provoked 
widespread anger. Political and human rights activists stated that the 
restriction on travel to the mainland by those who disagree with 
Beijing's policies may have a chilling effect on political debate, 
particularly among those with business interests on the mainland. Many 
democratic party legislators are not allowed to travel to the mainland; 
many other democratic party legislators, however, are allowed to go to 
China.
    In July 1997, the Provisional Legislature passed legislation 
regarding the right of abode of mainland children of Hong Kong parents. 
On January 29, the Court of Final Appeal ruled that all children of 
parents with Hong Kong residency at the time application were eligible 
for the right of abode, and that the administrative restrictions on 
this right were inconsistent with the Basic Law. In May the Hong Kong 
Government requested that the NPC interpret the Basic Law provisions 
relevant to the case, and in June the NPC issued an interpretation that 
overturned the decision of the Court of Final Appeal, restricting the 
right of abode to children whose parents had Hong Kong residency at the 
time of their birth and endorsing the administrative restrictions on 
the exercise of the right (see Section 1.e.).
    The 1951 U.N. Convention Relating to the Status of Refugees was not 
extended to Hong Kong. On a case-by-case basis, the Directorof 
Immigration has discretion to grant refugee status or asylum in cases 
of exceptional humanitarian or compassionate need.
    Hong Kong no longer has a first asylum policy. Forty-eight 
Vietnamese not considered refugees were repatriated to Vietnam in 1998. 
Approximately 968 Vietnamese refugees remain, among them 320 Vietnamese 
formerly in China. The latter group's appeal against the Government's 
attempt to return them to the mainland still is pending. These refugees 
either live in camps where they are free to come and go, or in the 
community. They are allowed to seek employment and to enroll their 
children in local schools. In 1998 1,536 Vietnamese refugees were 
repatriated under the (involuntary) Orderly Repatriation Program; 837 
were repatriated in the first 10 months of 1999. Approximately 12 
families from other countries have been admitted as refugees and 
receive a subsistence allowance from the U.N. High Commissioner for 
Refugees, but are allowed neither to seek employment nor enroll their 
children in local schools.
    In two separate cases in September and October 1997 courts ruled 
that the detention of 288 Vietnamese illegal migrants who were formerly 
in China was illegal. The Vietnamese migrants' suit seeking to prevent 
the Government from returning them to the mainland still is pending. 
Meanwhile, they remain free on bail and live in the Pillar Point Camp.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Residents' right to change their government is limited by voting 
regulations that provide for the election of the Chief Executive by an 
appointed selection committee of 400, the direct election of only a 
limited number of Legislative Council members, and the addition of 
appointed members to the elected district boards and municipal 
councils. In addition, while the approval of the Chief Executive, two-
thirds of the legislature, and two-thirds of Hong Kong's National 
People's Congress delegates is required to place an amendment to the 
Basic Law on the agenda of China's National People's Congress, it is 
the National People's Congress that has the power to actually amend the 
Basic Law.
    The government structure is three-tiered, and consists of the 
Legislative Council, the provisional municipal councils, and the 
provisional district boards. C.H. Tung is Chief Executive.
    The Chief Executive was chosen by a 400-member selection committee 
chosen by the 150-member preparatory committee, itself appointed by the 
Chinese Government. The Basic Law provides for elections for Chief 
Executive in 2002 and 2007, by a ``broadly representative election 
committee'' of 800 local residents appointed by China. The Basic Law 
also permits amendment of the Chief Executive selection process after 
2007 by a two-thirds majority of the Legislative Council, with the 
consent of the Chief Executive and the Standing Committee of the 
National People's Congress, with universal suffrage and direct 
elections as the ultimate goal.
    A provisional legislature, appointed by the same 400-member 
committee that appointed the Chief Executive, served from July 1, 1997 
until June 30, 1998. Although the Provisional Legislature included 33 
of 34 legislators from the 1995 Legislative Council who sought 
inclusion, the Democratic Party and several independents declined to 
seek seats in what they deemed an illegitimate body, which they claimed 
lacked a legal foundation and transparency, and excluded groups, 
parties, and individuals critical of China. The Provisional Legislature 
repealed several laws that had been enacted by the elected Legislative 
Council to enhance civil and political rights, including: Amendments to 
the Bill of Rights Ordinance; the Employee Right to Representation, 
Consultation, and Collective Bargaining Ordinance; the1997 Employment 
(Amendment) Ordinance, and the 1997 Trade Unions (Amendment) Ordinance 
(see Section 6.a.). A lawsuit challenging the constitutionality of the 
Provisional Legislative Council was unsuccessful, and the repeal 
remains controversial.
    Elections for Hong Kong's first post-reversion Legislative Council 
were held in May 1998. Twenty members were elected directly from 
geographic districts through universal suffrage, 30 from functional 
(occupational) constituencies, and 10 by votes of a committee of local 
elected officials. The functional constituencies were drawn more 
narrowly than the nine broad functional constituencies of the 1995 
Legislative Council, and the total number of potential voters in 
functional constituencies was cut from 1.15 million to 189,000 (a 
figure close to that used in elections through 1991). Human rights 
groups contend that the election of functional constituency 
representatives by only 189,000 persons representing various sectors is 
fundamentally undemocratic. There was general acceptance of the 
electoral districts proposed in October 1997 by the Electoral Affairs 
Commission. A bill calling for an accelerated time line for direct 
elections was defeated in the Legislative Council in 1998.
    The ability of the legislature to influence policy is limited 
substantially by Basic Law provisions that require separatemajorities 
among members elected from geographical and functional constituencies 
in order to pass a bill introduced by an individual member. The Basic 
Law also prohibits the Legislative Council from putting forward bills 
that affect public expenditure, political structure, or government 
operations. The Chief Executive's approval is required before bills 
affecting government policy may be submitted. Controversy erupted in 
January when the Government attempted to block two private member bills 
on collective bargaining and antiunion discrimination by applying a 
very broad definition of ``government policy.'' In July the President 
of the Legislative Council upheld the Government's position and ruled 
that the bills were outside of the scope allowed for private member 
bills because they would affect government expenditure.
    The November elections for Hong Kong's District Councils (the sole 
remaining local government body after the abolition of the Municipal 
Councils (see below) were free and fair. However, democratic 
legislators and human rights activists complained that the appointment 
of nearly one-quarter of District Councilors by the Chief Executive was 
undemocratic. According to the District Councils Ordinance enacted in 
March, the District Councils are responsible for advising the 
government on matters affecting: (1) the well-being of district 
residents; (2) the provision and use of public facilities; and (3) the 
use of public funds allocated for local public works and community 
activities.
    A motion in the Legislative Council calling for a referendum on the 
Government's proposal to abolish the Urban and Regional Councils, Hong 
Kong's mid-tier local government organs known collectively as the 
Municipal Councils, was defeated in October. The Councils had been the 
subject of widespread public criticism for their poor handling of the 
Avian Flu, the Red Tide, and other public health problems for which 
they were responsible. In December the Legislative Council passed a 
controversial bill abolishing the Municipal Councils when their terms 
expired at the end of the year. Legislators from the democratic parties 
and human rights activists protested the abolition of the councils, 
arguing that they were important to party and democratic politics. The 
U.N. Human Rights Committee also expressed concern over the abolition 
of the municipal councils in its November report.
    Hong Kong sends 36 delegates to China's National People's Congress 
(NPC). This is an important group since placing proposed amendments to 
the Basic Law on the agenda of the NPC requires the approval of two-
thirds of Hong Kong's NPC delegates. Hong Kong's NPC delegates also are 
entitled to sit on the Election Committee that chooses 10 of the 
Legislature's 60 members. Hong Kong's NPC delegates were selected by 
the same committee that appointed the Chief Executive and the 
Provisional Legislature. Politicians and human rights activists 
criticized the selection process as undemocratic and lacking 
transparency and noted that New China News Agency Director Jiang Enzhu, 
who is not a Hong Kong permanent resident, is one of Hong Kong's 36 
delegates. Local NPC delegates were increasingly vocal during the year, 
particularly with regard to rule of law issues and the right of abode 
case (see Section 1.e.).
    Women are underrepresented in elective offices, but larger numbers 
are running for public office than ever before. Women hold 10 of the 60 
Legislative Council seats. The President of the Legislative Council is 
a woman, as is the head of the civil service. Minorities are 
represented in senior civil service positions.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Dozens of domestic and international nongovernmental organizations 
(NGO's) operate freely, despite concerns about possible restrictions 
under the revised Societies Ordinance. These organizations have 
thriving contacts with the local community and with groups overseas. 
Government officials are cooperative and responsive to their views.
    The 1988 Ombudsman Ordinance established the Office of the 
Ombudsman, which has wide powers to investigate and report on 
grievances from members of the public as a result of administrative 
actions of the executive branch and other designated public bodies. 
However, the Ombudsman does not have any oversight authority over the 
police, the Independent Commission against Corruption, the Equal 
Opportunities Commission, or the Office of the Privacy Commissioner for 
Personal Data. The Ombudsman may investigate complaints of 
noncompliance with the code on access to information by the government 
departments, including the police and Independent Commission against 
Corruption. With regard to election-related complaints, the Ombudsman 
only is empowered to investigate complaints made against the 
Registration and Electoral Office, but not the Electoral Affairs 
Commission. Thus, the Ombudsman's human rights role regarding liberty 
of persons, freedom fromarbitrary and unlawful arrest and detention, 
equality, and related matters is limited considerably.
    The Ombudsman may publish investigation reports in which the 
identity of the complainant has been disguised. In addition to 
responding to public complaints, the Ombudsman may initiate 
investigations on his own. The Ombudsman may report to the Chief 
Executive if he believes that his recommendations to the organizations 
under his jurisdiction have not been acted upon or if there are serious 
violations; the Chief Executive is bound by law to present such reports 
to the legislature.
    According to the Basic Law, the International Covenant on Civil and 
Political Rights and the International Covenant on Economic, Social, 
and Cultural Rights apply, with certain restrictions, to Hong Kong. In 
January the Chinese Government transmitted Hong Kong's 1998 reports 
under these Covenants, without editing, to the United Nations. These 
reports were prepared without interference from the Chinese Government, 
but local NGO's complained that they were not consulted fully enough on 
the contents of the reports. In October the Government and several 
domestic NGO's testified before the U.N. Human Rights Committee in 
Geneva. The Committee expressed ``serious concern'' about the 
Government's decision to seek an NPC interpretation of the Basic Law in 
the right of abode case and the planned abolition of the two municipal 
councils (see Sections 1.e. and 3). Government statements to the press 
emphasized that the interpretation did not affect the litigants in the 
Court of Final Appeal's original ruling (or those in similar 
circumstances). The hearings received widespread and balanced press 
coverage. In November the U.N. Human Rights Committee issued its first 
report on Hong Kong since the handover. The report cited concerns about 
the erosion of Hong Kong's autonomy, particularly with respect to the 
independence of the judiciary.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    There are no laws prohibiting discrimination on the basis of age or 
race. After the passage of laws in 1995 banning discrimination on the 
basis of sex and disability, an Equal Opportunities Commission was 
established. The Commission began its oversight of nonemployment- and 
employment-related provisions in 1996. Women's groups and others have 
criticized the Commission for passivity in combating discrimination and 
for emphasizing conciliation instead of acting as a watchdog or 
pursuing court cases. However, the Government has begun to bring cases 
against discriminatory employment advertisements. In the first 6 months 
of the year, the Equal Opportunities Commission received 115 complaints 
of sex discrimination, 89 of which involved sexual harassment. In the 
first 9 months of the year, three cases under the Sex Discrimination 
Ordinance and five cases under the Disability Discrimination Ordinance 
were brought to court. Two have been decided, both in favor of the 
plaintiffs. Damages were awarded in the amounts of $11,250 (HK$87,500) 
and $3,000 (HK$23,000). However, fines against newspapers for carrying 
discriminatory advertisements tend to be very light. In the first 9 
months of the year, 12 cases alleging discriminatory advertising were 
brought to court; all were decided against the defendants, who were 
fined a total of $2,350 (HK$18,260).
    In 1997 the Legislative Council enacted the Family Status 
Discrimination Ordinance, which protects persons whose marital status 
changes, who have children, or who are responsible for caring for 
another family member, such as a child or elderly person.
    The government ``Code of Practice for Employers'' designed to 
prevent discrimination states that race, among other factors, should 
not be considered when hiring employees. However, it ``accepts'' that 
special circumstances exist, such as when the employee works or lives 
in the employer's home. The Government has undertaken a public 
education and awareness campaign to combat race with only limited 
effect.
    Women.--Violence against women remains a significant problem, 
particularly among new immigrants from China. The only law to protect 
battered women is the 1987 Domestic Violence Ordinance, which allows a 
woman to seek a 3-month injunction against her husband (extendable to 6 
months). Domestic violence also may be prosecuted as common assault. 
The Government enforces the laws and prosecutes violators, but 
sentences generally are lenient; of the 344 charges of ``family 
violence'' from April to September 1997, only 33 resulted in 
convictions. Half of those convicted were fined and only four were 
imprisoned. Of the 60 spousal abuse cases in the first 9 months of 1998 
that resulted in legal action, 41 were awaiting trial, 1 received a 6-
month sentence and fine, 1 received a 2-month sentence, 4 were fined 
between $200 and $450, 3 received a suspended sentence, 1 received a 
police warning, and 1 was acquitted as of late 1998. The Government 
changed its statistical reporting on domestic violence during the year; 
in the first 9 months of the year there were 7homicides, 233 woundings 
(serious assaults) and 35 common assaults involving current or former 
partners. Women tend not to seek help when subject to violence; 
cultural factors and inadequate information about available assistance 
and resources result in many cases of spousal abuse going unreported. 
To address this problem, in 1995 the Government set up a working group 
on battered spouses. In 1996 it crafted multidisciplinary procedural 
guidelines on handling battered spouse cases. The Government also funds 
programs such as family life education counseling, a hot line service, 
temporary housing, legal aid, and child protective services; it also 
has initiated public education and media programs.
    The general incidence of rape is low. There were 90 reported cases 
of rape in 1998 and 72 in the first 9 months of the year.
    Prostitution is illegal. Women face significant discrimination in 
employment, salary, welfare, inheritance, and promotion (see Section 
6.e.). Official unemployment figures are 7.2 percent for men and 4.7 
percent for women. However, human rights organizations and unions 
assert that the statistics inaccurately count many unemployed women as 
housewives, and thus the unemployment rate for women is actually higher 
than the unemployment rate for men. Women are entering professional 
fields, including medicine, in greater numbers. Nonetheless, in the 
medical profession there are few women in prestigious specialties such 
as surgery. Women are well represented in government and in the civil 
service (46 percent of senior civil servants are women, including the 
head of the civil service, Anson Chan; however, female judicial 
officers and judges make up only 18 percent of the judiciary. Despite 
equal educational opportunities, women also are disproportionately 
represented in the lower echelons of the work force. As a result of 
1994 revisions to inheritance statutes, the law treats men and women 
equally in inheritance matters, although women still face 
discrimination based on traditional practices. The November U.N. Human 
Rights Committee report noted illegal but customary discrimination 
against women in the inheritance of small homes in rural areas of the 
New Territories.
    During the period from 1991-95, the number of female secondary 
student candidates who took university advanced-level examinations 
accounted for between 51 and 55 percent of the total, and the number of 
female candidates who matriculated at universities accounted for 
between 52 and 56 percent of all matriculating candidates. Education 
officials acknowledge that the current system of secondary school place 
allocation discriminates against girls because boys and girls are 
ranked (and accepted) separately.
    Children.--The Government is committed firmly to children's rights 
and welfare through well-funded systems of public education, medical 
care, and protective services. It supports programs for custody, 
protection, day care, foster care, shelters, small group homes, and 
assistance to families. The age of criminal responsibility for children 
is 7, although it must be proved that a child under the age of 14 
understood the consequences of his actions. In 1998 there were 42 
incarcerated youths under the age of 16, 13 in training centers, 24 in 
detention centers, and 5 in drug addiction treatment centers. In 
January the Law Reform Commission began soliciting public comments on a 
consultation paper on raising the age of criminal responsibility.
    Child abuse and exploitation are not widespread, but are 
increasing. There are no specific laws dealing with child pornography, 
but in June the Government introduced the Prevention of Child 
Pornography Bill and the Crimes (Amendment) Bill. The bills would 
prohibit the printing, distribution, advertising, or possession of 
child pornography. The bills also would prohibit arranging or 
advertising of sexual offenses involving children under age 16. The 
Crimes (Amendment) Bill also provides extraterritorial effect when 
either the perpetrator or the victim of a sexual offense involving a 
child or a person printing, distributing, advertising or possessing 
child pornography ``has a nexus with Hong Kong.'' At year's end, these 
bills were pending. In the first 8 months of 1999 there were 383 cases 
of child abuse reported; 194 involved physical abuse, and 134 involved 
sexual abuse. In 1995 the police set up a child abuse investigation 
unit to improve treatment of victims. In 1996 legislation was passed 
making it easier for child victims to testify in court using an 
interviewing suite for recording statements. Legal penalties for 
mistreatment or neglect of minors also were increased substantially. A 
witness support program also was launched in 1996 to help child 
witnesses in need. A child witness information kit in Chinese, with 
books explaining legal and court proceedings, was published in 1996 to 
help reduce children's anxiety about testifying. In 1998, a Child Care 
Center Bill was passed to prevent unsuitable persons from providing 
child care services and to facilitate the formation of mutual help 
child care groups.
    People with Disabilities.--Discrimination against the physically 
and mentally disabled persists in employment, education, and the 
provision of some public services. The 1995 Antidiscrimination Law 
called for improved building access and sanctions against those who 
discriminate. The Buildings Ordinance amended in 1997 updated design 
requirements. However, despite inspections and occasional closure of 
noncompliant businesses, access to public buildings and transportation 
remains a serious problem. Advocates for the disabled complained that 
limited access for the disabled at polling stations made voting in the 
1998 elections difficult; for example, only 36 of the 96 subsector 
election polling stations were accessible. The Government has an 
integrated work extension program in sheltered workshops and expanded 
vocational assessment and training. No comprehensive statistics are 
available on the number of disabled persons in the work force. There 
are about 4,600 disabled persons employed as civil servants of a total 
civil service work force of 184,638--about 2.5 percent. In 1999, the 
Selective Placement Division of the Labor Department found jobs for 
1511 of the 3462 disabled job seekers. Approximately 9,000 students in 
a school population of 919,620, or just under one percent, are 
disabled. A pilot integration program launched in 1997 offered places 
to 46 mildly disabled students in regular schools. In 1997 the 
Government started a special university admission scheme for the 
disabled.
    In the first 9 months of the year, five cases under the Disability 
Discrimination Ordinance were brought to court.
    In February, the Government formed the Guardianship Board under the 
Mental Health Ordinance to protect the interests of persons with mental 
disabilities or disorders, including dementia.
    National/Racial/Ethnic Minorities.--There are no laws prohibiting 
discrimination on the basis of race. A government ``Code of Practice 
for Employers'' designed to prevent discrimination states that race 
should not be considered when hiring employees. Minorities are well 
represented in the civil service. However, there are occasional reports 
of racial discrimination in employment and admission to public 
restaurants. Foreign domestic workers, most of them from the 
Philippines, are particularly vulnerable to discrimination. According 
to organizations representing migrant workers, police intimidation of 
migrant workers is also a problem.
Section 6. Worker Rights
    a. The Right of Association.--The law provides for the right of 
association and the right of workers to establish and join 
organizations of their own choosing. 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. In the first 9 months of the year, 26 employee unions and 
two mixed organizations of employees and employers were registered. In 
1998 24 new unions were registered. By the end of 1998 there were 558 
employee unions. Approximately 22 percent of the 3.1 million salaried 
employees and wage earners belong to a labor organization.
    The Employment Ordinance includes provisions that protect against 
antiunion discrimination. Violation of the antiunion discrimination 
provisions is a criminal offense with a maximum fine that was increased 
in 1995 to $12,800 (HK$100,000). Employees who allege such 
discrimination have the right to have their cases heard by the Labor 
Relations Tribunal. The Tribunal may order reinstatement of the 
employee, subject to mutual consent of the employer and employee. If no 
such order is made, the Tribunal may award statutory entitlements 
(severance pay, etc.) and compensation. The maximum amount of 
compensation is $20,000 (HK$156,000). However, labor activists complain 
that complainants are discouraged by the Labor Relations Tribunal's 
tendency to push conciliation rather than issue orders.
    Work stoppages and strikes are permitted. However, there are some 
restrictions on this right for civil servants. There were 3 strikes 
during the year, which resulted in 299 lost work days; in 1998 there 
were 8 strikes. Although there is no legislative prohibition of 
strikes, in practice, most workers must sign employment contracts that 
typically state that walking off the job is a breach of contract which 
can lead to summary dismissal.
    To date, Hong Kong has amended labor legislation and taken 
administrative measures to apply 49 International Labor Organization 
(ILO) conventions. In the Basic Law, China committed itself to adhere 
to these conventions (see Section 6.b.).
    In October 1997, the Provisional Legislature promulgated the 
Employment and Labor Relations (Miscellaneous Amendments) Bill.
    This bill permits the cross-industry affiliation of labor union 
federations and confederations and allows free association with 
overseas trade unions (although notification of the Labor Department 
within 1 month of affiliation is required).
    b. The Right to Organize and Bargain Collectively.--In June 1997, 
the Legislative Council passed three laws that greatly expanded the 
collective bargaining powers of workers, protected them from summary 
dismissal for union activity, and permitted union activity on company 
premises and time. The new ordinances would have enabled full 
implementation of ILO Conventions 87 (which was ratified with 
reservations in 1963), 98, and 154. However, in October 1997, after 
consultation with the Labor Advisory Board, the Provisional Legislature 
repealed the 1997 Employee's Right to Representation, Consultation, and 
Collective Bargaining Ordinance and the 1997 Employment (Amendment) 
Ordinance, and amended the Trade Union (Amendment) Ordinance. The 
repeal removed the new legislation's statutory protection against 
summary dismissal for union activity; the Government argued that 
existing law already offered adequate protection against unfair 
dismissal arising from antiunion discrimination.
    The 1997 Employment and Labor Relations (Miscellaneous Amendments) 
Bill removes the legal stipulation of trade unions' right to engage 
employers in collective bargaining; bans the use of union funds for 
political purposes; requires the Chief Executive's approval before 
unions can contribute funds to any trade union outside of Hong Kong; 
and restricts the appointment of persons from outside the enterprise or 
sector to union executive committees. The Hong Kong Confederation of 
Trade Unions promptly filed a complaint against the Hong Kong 
Government for violation of ILO Conventions 87, 98, and 154. In 
November the ILO Committee on Freedom of Association concluded that the 
new labor ordinance breached conventions 87 and 98 and recommended that 
the Government take legislative action to remedy the situation. The 
Government provided the ILO a progress report in May, asserting that it 
was in compliance with all of the 45 ILO conventions that apply to Hong 
Kong. In January the Government blocked a legislator's attempt to 
introduce two bills on collective bargaining and antiunion 
discrimination on the grounds that they would affect government 
spending and operations and therefore fell outside the scope allowed 
for private member bills under the Basic Law (see Section 3).
    With the repeal of the short-lived collective bargaining 
legislation, the prehandover framework continued. There were no laws 
that stipulated collective bargaining on a mandatory basis. Wage rates 
in a few trades like tailoring and carpentry were determined 
collectively in accordance with established trade practices and customs 
rather than as a statutory mechanism. In practice, collective 
bargaining is not widely practiced. 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.
    The Labor Relations Division of the Department of Labor offers free 
nonbinding conciliation services to employers and employees involved in 
disputes that may involve statutory benefits and protection in 
employment as well as arrears of wages, wages instead of notice, or 
severance pay. The Department of Labor takes a positive attitude 
towards the participation of trade unions in such dispute negotiations. 
In the first 9 months of the year, the Division handled 226 disputes 
and 24,321 claims, 57 percent of which were handled through 
conciliation. In 1998 the Labor Relations Division handled 226 disputes 
and 24,231 claims, 60 percent of which were handled through 
conciliation. Approximately 15 percent of these trade disputes and 
claims were settled with Labor Relations Division conciliation.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The use of forced 
labor is prohibited in the Hong Kong Bill of Rights Ordinance. In 
addition, trafficking in persons for the purpose of forced prostitution 
is a problem (see Section 6.f.). The law does not prohibit specifically 
forced or bonded labor by children; however, there were no reports of 
such practices.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Employment of Children Regulations prohibits 
employment of children under the age of 15 in any industrial 
establishment. Children 13 and 14 years of age may be employed in 
certain nonindustrial establishments, subject to conditions aimed at 
ensuring a minimum of 9 years' education and protecting their safety, 
health, and welfare. In 1998 the Labor Department conducted 156,634 
workplace inspections during which 10violations of the Employment of 
Children Regulations were discovered. The Department issued 11 
summonses, of which 10 resulted in convictions and fines. Work hours 
for young persons 15 to 17 years of age in the manufacturing sector 
remain limited to 8 hours per day and 48 hours per week between 6 a.m. 
and 11 p.m. Overtime is prohibited for all persons under the age of 18 
in industrial establishments. Employment in dangerous trades is 
prohibited for youths except 16- and 17-year-old males. The Labor 
Inspectorate conducts workplace inspections to enforce compliance with 
these regulations. While provisions against forced or compulsory labor 
do not specifically refer to children, there were no reports of such 
practices (see Section 6.c.).
    e. Acceptable Conditions of Work.--There is no statutory minimum 
wage except for foreign domestic workers. As of December 1998, the 
minimum wage for such workers was about $500 (HK$3,900) per month. The 
law also requires employers to provide foreign domestic workers with 
housing, worker's compensation insurance, travel allowances, and food 
or a food allowance in addition to the minimum wage, which together 
provide for a decent standard of living for a foreign domestic worker. 
However, there are an increasing number of credible reports of foreign 
domestic workers who are subject to deportation if they are dismissed 
and who are thus less likely to raise formal complaints, illegally 
being forced to accept less than the minimum wage and unacceptable 
living conditions.
    Aside from a small number of trades where a uniform wage structure 
exists, wage levels customarily are fixed by individual agreement 
between employer and employee and are determined by supply and demand. 
Some employers provide workers with various kinds of allowances, free 
medical treatment, and free subsidized transport. The average wage 
generally provides a decent standard of living for a worker and family. 
However, two-income households are the norm.
    In order to comply with provisions in the Sex Discrimination 
Ordinance, provisions in the Women and Young Persons (Industry) 
Regulations that had prohibited women from joining dangerous industrial 
trades and limited their working hours, including compulsory weekly 
rest days, were dropped in 1997.
    The Factory Inspectorate Division was restructured in 1996 as part 
of a government effort to strengthen its safety and health promotion 
and enforcement program. The new division--part of a new occupational 
safety and health branch of the Labor Department--consists of four 
units: An operations division covering field services such as safety 
and health advice; a support services division responsible for 
technical support services; a planning and training division; and a 
legal services division charged with processing and conducting 
prosecutions.
    The Factories and Industrial Undertakings Ordinance and its 27 sets 
of subsidiary regulations regulate safety and health conditions. The 
Labor Department conducted 89,846 inspections of industrial and 
nonindustrial workplaces in 1998 and issued 3,181 summonses (2,912 of 
which resulted in convictions with a total of $7.6 million (HK$60 
million) in fines). Worker safety and health has improved, due in part 
to the transfer of many manufacturing jobs to factories across the 
Chinese border, but serious problems remain, particularly in the 
construction industry. In 1998 there was a total of 63,526 occupational 
accidents (43,034 of which were classified as industrial accidents) of 
which 68 were fatal. Employers are required under the Employee's 
Compensation Ordinance to report any injuries sustained by their 
employees in work-related accidents. There is no specific legal 
provision allowing workers to remove themselves from dangerous work 
situations without jeopardy to continued employment.
    f. Trafficking in Persons.--There were reports that Chinese women 
lured to work in legitimate employment in Hong Kong were forced to work 
as prostitutes, and that Eastern European women were trafficked into 
Hong Kong to work as prostitutes in high-priced clubs. Malaysian women 
and girls reportedly are trafficked to work as prostitutes in Hong Kong 
by criminal organizations; some of these women allegedly are sent to 
Hong Kong with promises of legitimate employment, only to be forced 
into prostitution upon their arrival. There also were reports of women 
being trafficked to Hong Kong from Vietnam as ``mail order brides,'' 
usually through arrangements made by tourist agencies, international 
labor services, or marriage mediating agencies. Once in Hong Kong, they 
are vulnerable to exploitation.
    There were reports that Chinese women were trafficked to Australia 
from Hong Kong to work as prostitutes; some reportedly were lured with 
promises of jobs as waitresses. Others reportedly were coerced into 
working as prostitutes by criminal gangs. These women must repay the 
cost of their passage, which, in some cases, has been as much as 
$25,000 (A$40,000), through prostitution. They also may be required to 
pay off amounts assessed for clothing and lodging, and their movements 
may be controlled by their traffickers.
    Hong Kong is also a transit point for persons smuggled from China 
to other countries for labor purposes, generally by organized crime 
organizations. Countries to which such persons are trafficked include 
the U.S., Canada, Australia, and various western European countries. 
Many trafficked persons agree to pay large sums for their transport, 
and may be forced to work in conditions similar to indentured servitude 
in order to repay the cost of their passage. Such persons generally 
work in small businesses, such as restaurants and sweatshops, in the 
countries to which they are trafficked; their pay is generally low. 
Their movements may be restricted and their travel documents may be 
confiscated. Often, trafficked persons live under poor conditions, and 
are threatened with deportation or harm to family members still in 
China if they complain. In late December, after being alerted by the 
Hong Kong authorities, U.S. and Canadian authorities began to discover 
shipping containers on cargo ships coming from Hong Kong that contained 
smuggled persons from China. Conditions for those in the shipping 
containers varied; conditions in some containers were reportedly 
grossly inadequate for the 2 to 3 week voyage; other containers were 
reportedly well provisioned for the journey across the Pacific Ocean. 
Hong Kong customs and immigration officials as well as local shipping 
companies have taken remedial measures to prevent this practice.
                                 ______
                                 

                                 MACAU

    Macau, a 13 square mile enclave on the south China coast, was 
recognized by both China and Portugal as Chinese territory under 
Portuguese administration until year's end. Under the ``Organic 
Statute'' of 1976, which served as the Constitution, Macau had 
considerable administrative, financial, and legislative autonomy from 
Lisbon. The Governor, appointed by the Portuguese President, had 
extensive powers under the Organic Statute. Both the Governor and the 
Legislative Assembly exercised legislative power. Voters directly 
elected only one-third of the legislators; the rest were appointed or 
elected indirectly by interest groups. However, under the principle of 
``one country, two systems'' specified in the 1987 Sino-Portuguese 
Joint Declaration, Macau became a Special Administrative Region (SAR) 
of China on December 20, 1999 (``the handover''). The Joint Declaration 
and Basic Law (the SAR's miniconstitution promulgated by China's 
National People's Congress (NPC) in March 1993) specify that Macau is 
to continue to enjoy substantial autonomy and that its economy and way 
of life are to remain unchanged for 50 years. The Macau SAR government 
is headed by a Chief Executive, chosen by a 200-member Selection 
Committee, which was chosen by the Preparatory Committee (60 Macau and 
40 mainland representatives appointed by the NPC, and responsible for 
overseeing the transition). Since December 20, only the legislature has 
legislative power, but the Chief Executive has great influence over the 
legislature's activities. There are limits on the types of private 
member bills that may be tabled. Voters elect only 8 of Macau's 23 
legislators in direct elections in geographical constituencies. Eight 
are elected by interest groups in functional constituencies. Seven are 
appointed (before December 20 by the Governor; after December 20 by the 
Chief Executive). On May 15, Edmund Ho Hei-wah was elected Chief 
Executive by the Selection Committee to take office after the handover. 
In September the Chief Executive-elect announced the appointment of six 
new legislators to serve from December 20 until the term of the current 
legislature expires in 2001, reappointing only one of the Governor's 
appointees. Portuguese metropolitan law serves as the basis for the 
legal system. A Joint Liaison Group, composed of representatives from 
Portugal and China, which served until December 31, was the mechanism 
for negotiating transition issues and implementing the Joint 
Declaration. After reversion, most of the laws in force continued to 
apply (although the laws defining the structure of the judiciary are a 
major exception). The judiciary is independent.
    The police force is under civilian control. An increase in 
organized crime-related violence has resulted in a public demand for 
more law and order. There were no Portuguese troops stationed in Macau. 
However, the Garrison Law (Macau SAR), passed by the NPC in June, 
provided for the establishment of a Chinese People's Liberation Army 
garrison in Macau after the handover. Senior Chinese and Macau SAR 
officials have said that the garrison has no responsibility for 
internal security.
    The market-based economy is fueled by textile and garment exports, 
along with tourism and gambling. A depressed real estate market, 
stagnant exports, and a decline in tourism have limited economic growth 
in recent years, a trend that continued in 1999. Despite the economic 
downturn, most citizens still enjoy a high standard of living. Per 
capita gross domestic product is $18,000.
    The Government generally respects the human rights of its citizens; 
however, some problems remain, including the limited ability of 
citizens to change their government, limits on the legislature's 
ability to initiate legislation, occasional instances of police abuse, 
inadequate provision for the disabled, lack of legal protection for 
strikes and collective bargaining rights, and trafficking in women.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings.
    During the year, seven prisoners died in custody (see Section 
1.c.).
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such abuses, and the authorities 
generally respect these provisions in practice. In 1998, the last year 
for which figures are available, the Procurator General's 
officeinvestigated five allegations of police brutality. No details 
regarding the results of the investigations have been released.
    Prison conditions meet minimum international standards, but in the 
last 5 years the prison population has doubled to 750 and facilities 
and personnel have failed to keep pace. During the year, seven 
prisoners died in custody, one as the result of illness, one as the 
result of suicide, and three as the result of injuries received during 
fights with other inmates. Two of the deaths in custody still were 
under investigation at year's end.
    The Government permits prison visits by human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest, detention, and exile, and the authorities respect 
these provisions in practice. An examining judge, who conducts a 
pretrial inquiry in criminal cases, has a wide range of powers to 
collect evidence, order or dismiss indictments, and determine whether 
to release detained 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. The law provides that cases 
must come to trial within 6 months of indictment. The average length of 
pretrial incarceration is 3 months.
    e. Denial of Fair Public Trial.--The judiciary is independent. The 
Basic Law specifically provides for the continuation of an independent 
judiciary after reversion; however, the prereversion laws that applied 
to the structure of the judiciary were some of the few that did not 
continue in effect after the handover. In addition the need to 
translate laws and judgments and a severe shortage of local bilingual 
lawyers (of the 100 lawyers in private practice, approximately 5 can 
read and write Chinese) and magistrates may hamper the continuation of 
the present system after reversion. The judiciary also is relatively 
inexperienced (a law school first opened in Macau in the early 1990's), 
and the lack of locally trained lawyers is a serious impediment to the 
preservation of an independent judiciary and the overall development of 
the legal system. After the handover, the Chief Executive is to appoint 
judges, acting on the recommendation of an ``independent commission'' 
(which he appoints) composed of local judges, lawyers and ``eminent 
persons.''
    Until June the Superior Court was the highest court in Macau, with 
the Portuguese Supreme Court of Justice and Constitutional Court 
serving as courts of final appeal. The Superior Court consisted of six 
magistrates divided into two panels, one of which heard only 
administrative, fiscal, and customs duties cases; the other had 
responsibility for all other cases. An additional judge served as 
President of the Court. Cases before the Superior Court were heard 
initially by the relevant panel of three judges. When such a panel's 
ruling was appealed, all six judges heard the case, with the President 
voting only in case of a tie. This structure resulted in a situation in 
which three of the individuals hearing an appeal already had rendered 
an opinion in the initial judgment. Critics charged that this called 
into question the objectivity of the subsequent ruling. Beneath the 
Superior Court were the Courts of First Instance and the Court of 
Auditors.
    In June Portugal unilaterally severed the Superior Court's links 
with the Portuguese courts, making it the Constitutional Court and 
court of final appeal for cases affecting Macau. To deal with an 
increased caseload, some of which was transferred from the Portuguese 
courts after the change, the number of judges on the Superior Court was 
increased. Until December 20, judges were appointed by the Governor 
upon the recommendation of the Supreme Council of Justice (for the 
Superior Court) and the Judiciary Council of Macau (for the common 
courts). Before the handover, local judges were appointed for life; 
expatriate judges were appointed under temporary contracts. A local law 
is yet to be passed determining the term of office for judges for the 
SAR. In October the Chief Executive-elect announced the names of three 
judges (two from Macau and one Portuguese) recommended by the 
commission, who constitute the SAR Court of Final Appeal. After the 
handover, the Court of Auditors was replaced by a Commissioner for 
Auditing.
    The law provides for the right to a fair trial and the judiciary 
vigorously enforces this right. Trials are open to the public. The 
Criminal Procedure Code provides for the accused's right to be present 
during proceedings and to choose an attorney or request that one be 
provided at government expense. A 1997 law on combating organized crime 
provides that ``certain procedural acts may be held without publicity'' 
and that witness statements read in court are admissible as evidence. 
There are also additional restrictions on the granting of bail and 
suspended sentences in organized crime cases.
    The judiciary provides citizens with a fair and efficient judicial 
process, although the average waiting period between the filing of a 
civil case and its scheduled hearing is 12 months. Laws issued between 
1976 and 1991 have been translated into Chinese. Since 1991 all 
legislation has been issued simultaneously in Chinese and Portuguese. 
However, many administrative regulations have not yet been translated 
into Chinese.
    In September the Chief Executive-elect announced his choice, 
approved by the Chinese State Council, for the posthandover Chief 
Procurator, who, on December 20, replaced the Chief Procurator 
appointed by the Governor. The Chief Procurator enjoys substantial 
autonomy from both the executive and the judiciary.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--Laws provide for the inviolability of the home and of 
communications, the right of ownership of private property and 
enterprises, and the freedom to marry and raise a family, and the 
Government respects these rights in practice.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for these rights, 
and the Government generally respects them in practice. Local law also 
protects citizens' right to petition the government and the 
legislature.
    The print media include seven Chinese-language dailies, three 
Portuguese-language dailies, and a number of weeklies. There is one 
television station and one radio station, each with a Portuguese and a 
Cantonese-language channel. In addition Hong Kong and international 
newspapers are freely available. Although there is no government 
censorship or intimidation of the press, criminal gangs have sent 
threatening letters to newspapers warning of retaliation if they cover 
gang activities. A September 1998 gang bombing deliberately targeted 
journalists. The dominant newspapers have a pro-China orientation. 
Critics charge that they do not give equal attention to liberal and 
prodemocracy voices. Local journalists continue to oppose a government 
proposal to establish a press council to monitor the press and advise 
the Government on press issues. However, this was not a pressing issue 
during the year.
    Article 23 of the Basic Law obliges the Macau SAR to enact laws 
that ``forbid any act of treason, secession, sedition, subversion 
against the Central People's Government, or theft of state secrets.'' 
Human rights groups are concerned that these and other provisions of 
Article 23 may restrict fundamental rights and freedoms. They are 
particularly concerned because the Penal Code adopted in 1995 does not 
specify sentences for such crimes, and a legal vacuum was created when 
an earlier Portuguese law dealing with crimes against state security 
became null and void on December 19.
    b. Freedom of Peaceful Assembly and Association.--The law provides 
for freedom of assembly, and the Government respects this right in 
practice. Under local law, individuals and groups intending to hold 
peaceful meetings or demonstrations in public places are required to 
notify the president of the relevant municipal council in writing at 
least 3 days but no more than 2 weeks in advance of the event; however, 
no prior authorization is necessary for the event to take place. Local 
law also provides criminal penalties for authorities who unlawfully 
impede or attempt to impede the right of assembly and for 
counterdemonstrators who interfere in meetings or demonstrations.
    In the days immediately preceding the handover, the then government 
took steps to ensure that no demonstrations or security incidents would 
mar the final days of the colonial regime. On December 18, six foreign 
Falun Gong practitioners were denied entry on the grounds that they 
were organizing an illegal demonstration (see Section 2.d.). On 
December 19, 30 Falun Gong practitioners carrying signs and doing 
exercises in front of a hotel were rounded up and, after being 
questioned for several hours, returned to Hong Kong via ferry. A police 
official explained that the law on the right to assemble and 
demonstrate gives citizens that right, but not foreigners.
    Article 23 of the Basic Law obliges the SAR to enact laws that 
prohibit foreign political organizations or bodies from conducting 
political activities in the Region.
    The law provides for freedom of association, and the Government 
respects this right in practice. There is no law prohibiting political 
parties, but there are no genuine political parties.Both civic 
associations and candidates' committees may present candidates in the 
elections by direct or indirect suffrage (see Section 3). However, 
Article 23 of the Basic Law obliges the Macau SAR to enact laws that 
``prohibit foreign political organizations or bodies of the region from 
establishing ties with domestic political organizations or bodies.'' 
One international human rights nongovernmental organization expressed 
concern that 1997 legislation on combating organized crime could be 
used to curb freedom of association. However, that has not occurred.
    c. Freedom of Religion.--In July 1998, the Legislative Assembly 
passed the Freedom of Religion Ordinance, which provides for freedom of 
religion, and the Government respects this right in practice. The 
Ordinance, which remained in effect after the handover, also provides 
for privacy of religious belief, freedom of religious assembly, freedom 
to hold religious processions, and freedom of religious education. The 
Basic Law also provides for religious freedom.
    The Religious Freedom Ordinance requires the registration of 
religious organizations. This is handled by the Identification Services 
Office. There have been no reports of discrimination in the 
registration process. Religious bodies can apply to use electronic 
media to preach. The ordinance also stipulates that religious groups 
may maintain and develop relations with religious groups abroad and 
provides for freedom of religious education.
    Senior officials have said that, in spite of the banning of Falun 
Gong in mainland China, the organization is legal and that followers 
will be allowed to practice without interference.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for these rights, and 
the Government respects them in practice. In December six foreign Falun 
Gong practitioners were denied entry on the grounds that they were 
organizing an illegal demonstration (see Section 2.b.).
    The law includes provisions for handling refugees and asylees in 
accordance with the provisions of the 1951 U.N. Convention Relating to 
the Status of Refugees and its 1967 Protocol. There were no reports of 
refugees being forced to return to a country where they feared 
persecution. The law makes no provision for first asylum.
    The Government has assisted in the resettlement of Vietnamese who 
fled their country by boat. Only seven Vietnamese refugees remain in 
Macau. No Vietnamese refugees were repatriated in 1997 or 1998, the 
last period for which statistics were available. Macau returns an 
average of 444 illegal Chinese migrants to China each month.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have a limited ability to change their government. The 23-
member Legislative Assembly is composed of 8 members elected in direct 
elections; 8 indirectly elected by local community interests; and 7 
appointed (by the Governor before the handover, by the Chief Executive 
after). Elections are held every 4 years. Fourteen of the 16 elected 
members chose to serve through reversion until their current terms 
expire in 2001 (1 was selected Chief Executive). In a May by-election 
Chui Sai-cheong was elected unopposed to the seat vacated when Edmund 
Ho was elected Chief Executive. In September the 100-member Preparatory 
Committee responsible for transition arrangements determined that the 
same Selection Committee that chose the Chief Executive should choose a 
legislator to replace one who chose not to serve out his term after the 
handover. The new legislator took office on December 20. Only one of 
the seven legislators appointed by the Governor was reappointed by the 
Chief Executive to serve after the handover. The number of directly 
elected legislators is to increase gradually in subsequent elections. 
After 2009 the rules on the Assembly's composition may be altered by a 
two-thirds majority of the total membership, with the approval of the 
Chief Executive.
    Although until December 20 the Legislative Assembly could enact 
laws on all matters except those reserved for bodies in Portugal or the 
Governor, in practice the Governor initiated the vast majority of 
legislation, either directly through ``decree-laws'' or through bills 
approved by the Legislative Assembly. Between January 1 and December 
19, the Legislative Assembly passed approximately 20 percent of Macau's 
new laws. While the Legislative Assembly had the legal power to refuse 
to ratify laws issued by the Governor, in practice this seldom was 
done. After the handover, the Chief Executive does not have the power 
to issue decree legislation. However, Article 75 of the Basic Law 
stipulates that legislators may not initiate legislation related to 
public expenditure, Macau's political structure, or the operation of 
government. Bills relating to government policiesmust receive the 
written approval of the Chief Executive before they are submitted.
    The Consultative Council, an advisory group to the Governor 
composed of indirectly elected and appointed members, also provided 
some measure of popular representation. After the handover, a 10-member 
Executive Council, appointed by the Chief Executive, fulfills this 
role. Municipal Assemblies are elected by direct, universal, secret 
ballot. These bodies are expected to continue to function; the Basic 
Law stipulates that the SAR may establish nonpolitical municipal bodies 
responsible for cultural affairs and public sanitation.
    Although women traditionally have played a minor role in local 
political life and are still underrepresented, they hold a number of 
senior positions throughout the Government. Three of the 23 Legislative 
Assembly members, including the President of the Assembly, are women.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Human rights groups operate without government restriction, 
investigating and publishing their findings on human rights.
    International human rights agreements that were formerly applicable 
to Macau were approved by the Sino-Portuguese Joint Liaison Group and 
continue to apply to the SAR.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    While the Organic Statute did not prohibit explicitly 
discrimination based on race, sex, religion, disability, language, or 
social status, it incorporated the principle of nondiscrimination. 
Separate laws provide for many of these rights. For example, under the 
law that establishes the general framework for the educational system, 
access to education is stipulated for all residents regardless of race, 
religious belief, or political or ideological convictions. The Basic 
Law stipulates that residents shall be free from discrimination, 
irrespective of their nationality, descent, race, sex, language, 
religion, political persuasion or ideological belief, educational 
level, economic status, or social conditions.
    Women.--Violence against women is not common. For cases that are 
reported, the authorities enforce criminal statutes prohibiting 
domestic violence and prosecute violators. However, police and court 
statistics do not distinguish between spousal abuse and other assault 
cases. 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 provided 
public housing, but no facilities are reserved expressly for them. In 
1998, the last year for which statistics are available, five cases of 
rape were brought to court.
    Trafficking in women is a problem (see Section 6.f.).
    Women are becoming more active and visible in business. The 
Government estimates that women account for 43 percent of the work 
force. Equal opportunity legislation enacted in 1995, applicable to all 
public and private organizations, mandates that women receive equal pay 
for equal work, prohibits discrimination based on sex or physical 
ability, and establishes penalties for employers who violate these 
guidelines. However, there is wage discrimination in some sectors, 
notably construction. Nonetheless, no cases alleging discrimination 
have been brought to court.
    Children.--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. School attendance is not compulsory; however, the vast 
majority of residents' minor children attend school. Basic education is 
provided in government-run schools and subsidized private schools, and 
covers the preprimary year, primary education, and general secondary 
school education. The Education Department provides assistance to 
families of those children who cannot pay school fees. The children of 
illegal immigrants are excluded from the educational system (see 
Section 6.d.).
    Child abuse and exploitation are not widespread problems. In the 
first 9 months of 1998, the last period for which statistics are 
available, only two cases of child abuse were reported. In 1997 eight 
such cases were reported.
    People with Disabilities.--In 1997 the U.N. Human Rights Committee 
recommended that Macau do more to ensure the economic and social rights 
of the disabled. Few special programs exist aimed at helping the 
physically and mentally disabled gain better access to employment, 
education, and public facilities. Laws do not mandate building access 
for the disabled. More than two-thirds of the funding for services for 
the disabled comes from government subsidies. In 1996 the Government 
subsidized 4 homes and 10 rehabilitation centers for the disabled. Nine 
schools have programs for the disabled, providing special education 
programs for 359 students. In December 1997, the Government formed a 
working group to define the fundamental rights of the disabled and 
determine the role of social service organizations in assisting them. 
The extent to which physically disabled persons experience 
discrimination in employment, education, and provision of state 
services is not known fully.
    National/Racial/Ethnic Minorities.--Although no specific laws 
prohibit discrimination on the basis of racial or ethnic background, 
the rights of ethnic minorities, particularly the Macanese (Eurasians 
who comprise roughly 9 percent of the population of 430,000) are 
respected. Portuguese officials no longer dominate the civil service, 
but the 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 Chinese language received official status in 1993, and 
the use of Chinese in the civil service is growing. On December 20, 
Macau residents replaced the government secretaries, the Chief 
Procurator, and the Chief Justice. Localization of most jobs in the 
civil service was completed earlier in the year.
Section 6. Worker Rights
    a. The Right of Association.--The Portuguese Constitution 
recognized the right and freedom of all workers to form and join trade 
unions, and these rights were extended to Macau. The Government neither 
impedes the formation of trade unions nor discriminates against union 
members. The Basic Law stipulates that international labor conventions 
that applied to Macau shall remain in force and shall be implemented 
through the laws of the SAR. However, human rights groups are concerned 
that local law does not have explicit provisions against antiunion 
discrimination.
    People's Republic of China 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 the 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 than in addressing trade union issues such as wages, benefits, 
and working conditions. A few private sector unions and two of the four 
public sector unions are outside Chinese control.
    Although the Portuguese Constitution provides workers with the 
right to strike, labor leaders complain that there is no effective 
protection from retribution should they exercise this right. The 
Government argues that provisions in the labor law that require an 
employer to have ``justified cause'' to dismiss an employee protect 
striking employees from retaliation. There were no work stoppages or 
strikes during the year.
    Unions may freely form federations and affiliate with international 
bodies. Three new unions were registered in 1998, the last year for 
which statistics are available. Three civil service unions--
representing Portuguese, Macanese, and Chinese employees--are 
affiliated with the major non-Communist Portuguese union confederation.
    b. The Right to Organize and Bargain Collectively.--Macau unions 
tend to resemble local traditional neighborhood associations, promoting 
social and cultural activities rather than issues relating to the 
workplace. Moreover, Local customs normally favor employment without 
the benefit of written labor contracts, except in the case of migrant 
labor from China and the Philippines. Chinese unions traditionally have 
not attempted to engage in collective bargaining. The Government does 
not impede or discourage collective bargaining, but there is no 
specific statutory protection for this right, since Portuguese laws 
that protected collective bargaining no longer apply.
    Some civil service unions raised concerns during the year over 
government practices that they believe disadvantage them. Workers who 
believe that they have been dismissed unlawfully may bring a case to 
court or lodge a complaint with the LaborDepartment or the high 
commissioner against corruption and administrative illegality.
    There are no export processing zones; Macau is a free port.
    c. Prohibition of Forced or Compulsory Labor.--Forced and bonded 
labor is prohibited by law, and there were no reports of such 
practices, except for cases of trafficking in women (see Section 6.f.). 
Children are covered under laws prohibiting forced or bonded labor, 
although they are not specified in the legislation.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits minors under the age of 16 from working, 
although minors between the ages of 14 and 16 can be authorized to work 
on an ``exceptional basis.'' Some children reportedly work in family-
run businesses and on fishing vessels, usually during summer and winter 
vacations. Local laws do not establish specific regulations governing 
the number of hours these children can work, but International Labor 
Organization conventions are applied. The Labor Department enforces the 
law through periodic and targeted inspections and violators are 
prosecuted. The incidence of child labor is very low and has declined 
radically since effective enforcement began in 1985. The Labor 
Department Inspectorate does not conduct inspections specifically aimed 
at enforcing child labor laws but issues summonses when such violations 
are discovered in the course of other workplace inspections. No 
instances of child labor were reported during the year. Forced and 
bonded labor is prohibited by law; although child labor is not 
specified in the law, it is covered by the law's provisions, and there 
were no reports of its use (see Section 6.c.).
    e. Acceptable Conditions of Work.--Local labor laws establish the 
general principle of fair wages and mandate compliance with wage 
agreements, but there is no mandatory minimum wage. Average wages 
generally provide a decent standard of living for a worker and family. 
In the absence of any statutory minimum wage or publicly administered 
social security programs, some large companies provide private welfare 
and security packages.
    Labor legislation provides for a 48-hour workweek, an 8-hour 
workday, paid overtime, annual leave, and medical and maternity care. 
Although the law provides for 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.
    Migrant workers, primarily from China, make up approximately 16 
percent of the work force. These workers often work for less than half 
the wages paid to a local 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 jobs. 
In 1997 the U.N. Human Rights Committee noted the lack of protective 
measures for working conditions and the absence of social security 
programs for nonresident workers as matters of concern. Labor interests 
claim that the high percentage of imported labor erodes the bargaining 
power of local residents to improve working conditions and increase 
wages.
    The Department of Labor enforces occupational safety and health 
regulations. Failure to correct infractions can lead to prosecution. In 
the first 9 months of 1999, the Labor Department Inspectorate carried 
out 144 inspections and uncovered 16 violations carrying fines worth a 
total of $2,100 (MP16,500). Although the law includes a requirement 
that employers provide a safe working environment, no explicit 
provisions protect employees' right to continued employment if they 
refuse to work under dangerous conditions.
    f. Trafficking in Persons.--Specific legislation prohibits 
trafficking in persons; however, trafficking in women for the purpose 
of forced prostitution continues to be a problem, although it is 
difficult to quantify. In October two Vietnamese women were prosecuted 
in Vietnam for trafficking 15 Vietnamese women to Macau for the purpose 
of prostitution. There also have been credible reports that women from 
Vietnam are trafficked into Macau as mail-order brides, with the 
assistance of organizations purporting to be travel agencies, 
international labor organizations, or marriage mediating services. 
Women from Malaysia, who are usually ethnic Chinese, also reportedly 
have been trafficked into Macau; law enforcement authorities in 
Malaysia believe that the women are trafficked by Chinese criminal 
syndicates. In some cases, trafficking victims from Malaysia are lured 
by promises of well-paying jobs and then are forced to work as 
prostitutes. In late March, the Korean press reported that a Korean man 
was arrested on charges of forcing 40 Korean women, recruited as 
waitresses, into prostitution in Macau.
                                 ______
                                 

                                 TAIWAN

    With the popular election of President Lee Teng-hui in 1996, Taiwan 
completed its transition to an open, democratic system. Lee, who is 
also the Chairman of the Nationalist Party (KMT), appoints the Premier, 
who heads the Executive Yuan (EY), or Cabinet. Constitutional 
amendments adopted in 1997 provided the Legislative Yuan (LY) with the 
authority to bring down the Cabinet with a no confidence vote and 
removed the previous power of the LY to confirm the appointment of the 
Premier. The current LY members were elected in a free and fair 
election in December 1998. The ruling KMT remains the single most 
powerful political force with a working majority in the LY, where two 
opposition parties play significant roles. The Judicial Yuan (JY) is 
constitutionally independent of the other branches of the political 
system, but corruption and political influence remain serious problems.
    The National Police Administration (NPA) of the Ministry of 
Interior (MOI), the NPA's Criminal Investigation Bureau, and the 
Ministry of Justice (MOJ) Investigation Bureau are responsible for law 
enforcement relating to internal security. The police and security 
agencies are under effective civilian control. Some members of the 
police occasionally committed human rights abuses.
    Taiwan has a dynamic, export-oriented, free-market economy. 
Liberalization of the economy undercut the dominant role that state-
owned and party-run enterprises had played in such major sectors as 
finance, transportation, utilities, shipbuilding, steel, 
telecommunications, and petrochemicals. As the economy evolved, 
services and capital- and technology-intensive industries have become 
the most important sectors. Major exports include computers, electronic 
equipment, machinery, and textiles. Citizens generally enjoy a high 
standard of living and an equitable income distribution.
    The authorities generally respect human rights; however, problems 
remain in some areas. Principal problems include police abuse of 
detainees; physical abuse of military inductees, which appears to be 
declining; prison overcrowding; political and personal pressures on the 
judiciary; some infringements on citizens' privacy; violence and 
discrimination against women; child prostitution and abuse; societal 
discrimination against Aborigines; restrictions on workers' freedom of 
association and on their ability to strike, and instances of 
trafficking in women and children. Restrictions on freedom of 
association were eliminated in April when the Council of Grand Justices 
invalidated the restrictions on using the word Taiwan in the names of 
organizations.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the Constitution does not directly address the 
issues of torture and punishment, the Code of Criminal Procedure 
stipulates that no violence, threat, inducement, fraud, or other 
improper means shall be used against accused persons; however, there 
were credible reports that police occasionally physically abused 
persons in their custody.
    The law allows suspects to have attorneys present during 
interrogations, primarily to ensure that abuse does not take place (see 
Section 1.d.). The MOJ stated that each interrogation is recorded and 
that any allegation of mistreatment is investigated. Lawyers and legal 
scholars note that abuses most often occur in local police stations 
where interrogations are not recorded and when attorneys often are not 
present. Informed observers note that police emphasize confessions by 
suspects as the principal investigative tool. Law enforcement agencies 
remain weak in scientific investigative skills so that, when political 
leaders demand that cases be solved, there is pressure on the police to 
coerce confessions. International observers also have noted that the 
judicial system sometimes has accepted such confessions even when they 
contradict available physical evidence or logic. The NPA denies that 
police abuse suspects; and asserts that regulations forbid such abuse 
and that police who abuse suspects would be punished. The NPA 
implemented regulations to protect further the rights of suspects 
during questioning, including forbidding the questioning of suspects at 
night and requiring audio or, whenever possible, videotaping of 
interrogations. Nevertheless, there are credible reports that the 
physical abuse or the threat of abuse of prisoners is arecurring 
investigative technique. Detainees who are abused physically have the 
right to sue the police for torture, and confessions shown to have been 
obtained through torture are inadmissible in court proceedings. No such 
suits were reported during the year.
    The authorities state that they have made efforts to investigate, 
prosecute, and punish officials responsible for torture and other 
mistreatment. Although the basic responsibility for investigating 
mistreatment lies with prosecutors, the Control Yuan (CY), a coequal 
branch of the political system that investigates official misconduct, 
also investigates such cases. While the authorities state that respect 
for human rights is a part of basic police training, human rights 
groups assert that the measures the authorities have taken to protect 
human rights are inadequate to create an ethos of respect for human 
rights among police and security personnel. Women's and children's 
rights groups are active in monitoring police and judicial performance 
and periodically mount campaigns to correct abuses.
    Corporal punishment is forbidden under military law, and strictly 
prohibited in practice. The Ministry of National Defense (MND) has 
taken steps to address the occasional reports of physical abuse of 
military personnel by promulgating regulations specifying the 
appropriate treatment of lower ranking personnel and by conducting 
regular polls of servicemen and their families to discover any abuse. 
The authorities also have established a telephone hot line to report 
alleged abuses within the military. Reports of abuse are investigated 
and handled according to the law. In addition the MND has established 
practical training and curriculums for all military personnel who have 
contact with new recruits. Pressure from parents of recruits and a 
program to retain recruits also have contributed to an apparent 
reduction in abuses. In March the MND established a committee for the 
protection of the rights of military personnel. Using the expertise of 
outside consultants, the committee handles personal problems of 
military personnel and is part of the MND's effort to promote 
``humanitarian management'' within the military.
    Prison conditions generally meet minimum international standards. 
However, overcrowding at the 49 prisons and overly long stays at the 
detention centers for illegal aliens remained a problem. Despite an 
increase in facilities since 1997, the number of inmates detained at 
year's end exceeded capacity by 7,142. The primary reason for 
overcrowding has changed. The number of incarcerated drug users, which 
previously had been the fastest growing category of inmates, has 
leveled off. In addition the Ministry of Justice has set up drug 
treatment facilities to reduce the number of addicts in the prison 
population. However, the number of parolees dropped after a 1997 
amendment to the Code of Criminal Procedure reversed a 1994 amendment 
that had allowed prisoners to be paroled after serving one-third, 
rather than one-half, of their sentences.
    The authorities permit prison visits by human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest and detention, and the authorities generally observe 
this prohibition. Police legally may arrest without a warrant anyone 
they suspect of committing a crime for which the punishment would be 
imprisonment of 5 years or more and may question persons without a 
formal summons when circumstances are too urgent to report to a public 
prosecutor. However, the authorities must, within 24 hours after 
detention, apply to a prosecutor for a warrant and give written notice 
to the detainee or a designated relative or friend, stating the reason 
for the arrest or questioning. Indicted persons may be released on bail 
at judicial discretion.
    An important amendment to the Code of Criminal Procedure was 
enacted in 1997, that shifted the power of investigative detention from 
the prosecutors to the courts. Under the new law, prosecutors must 
apply to the courts within 24 hours after arrest for permission to 
continue detaining an arrestee. The duration of this pretrial detention 
is limited to 2 months, and the courts may approve a single extension 
of 2 months. Limits also were set for detention during trial. If a 
crime is punishable by less than 10 years' imprisonment, then no more 
than 3 extensions of 2 months each may be granted during the trial and 
appellate proceedings. During the second appeal, only one extension may 
be granted. The authorities generally observe these procedures, and 
trials usually take place within 3 months of indictment.
    The revised Code of Criminal Procedure requires the police to 
inform a suspect during an interrogation of the specific crimes in 
question, the right to remain silent, the right to counsel, and the 
right to ask the police to investigate evidence that would be favorable 
to the suspect. If the charges are amended subsequently, the police 
also must inform the suspect. The authorities generally respect a 
detainee's request to have a lawyer present during the investigation 
phase, but defense lawyers and human rights groups continue to complain 
that the rules do not provide adequate protection since suspects often 
donot have legal representation during police interrogation. A 
contributing factor is that there is no legal requirement that indigent 
persons be provided counsel during police interrogation, although such 
counsel is provided during trials. Informed observers report that the 
``public defense counsels'' do not provide effective defense 
assistance. They typically do not appear until the final debate hearing 
of the trial, and they seldom spend a significant amount of time 
discussing the case with their clients.
    The authorities do not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, corruption and political influence 
remain serious problems.
    The Judicial Yuan is one of the five coequal branches of the 
political system. The JY is headed by a president and a vice president 
and also contains the 16-member Council of Grand Justices (CGJ), which 
interprets 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 on the Discipline of Public 
Functionaries. In February the LY passed legislation adding an 
additional level to the Administrative Court to provide for judicial 
review.
    The law provides for the right of fair public trial, and this is 
generally respected in practice. Judges, rather than juries, decide 
trials; all judges are appointed by, and responsible to, the JY. In a 
typical court case, parties and witnesses are interrogated by a single 
judge but not directly by a defense attorney or prosecutor. The judge 
may decline to hear witnesses or to consider evidence that a party 
wishes to submit if the judge considers it irrelevant; a refusal to 
hear evidence may be a factor in an appeal. Trials are public, but 
attendance at trials involving juveniles or potentially sensitive 
issues that might attract crowds may require court permission.
    A defendant has the right to an attorney. If the defendant is 
charged with committing a crime for which the penalty is 3 or more 
years' imprisonment or if the defendant is disabled, the judge may 
assign an attorney. A law passed in 1997 states that a suspect may not 
be compelled to testify. The Code of Criminal Procedure states that a 
confession shall not be the sole evidence used to find a defendant 
guilty. However, informed observers note that many convictions 
frequently result from a combination of a confession and circumstantial 
evidence of varying quality. Any convicted person has the right to 
appeal to the next higher court level. Persons sentenced to terms of 
imprisonment of 3 years or more may appeal beyond that level. The 
Supreme Court automatically reviews life imprisonment and death 
sentences. Under the law, prosecutors have the right to appeal verdicts 
of not guilty to the next higher court level.
    The 1985 ``Antihoodlum'' Law departed from international standards 
of due process in that it included a secret witness system that allowed 
police to conduct ``sweeps'' of suspected ``hoodlums'' and to use the 
testimony of unidentified informants in detaining the suspects. Lawyers 
for the alleged hoodlums were not permitted to cross-examine these 
informants. While defense lawyers were given the right to examine 
documentary evidence, critics charged that evidence in these cases was 
often weak or fabricated. However, in 1995 the Council of Grand 
Justices (CGJ) declared unconstitutional the administrative procedures 
that had been used to sentence hoodlums to reformatory education. The 
LY passed new legislation in 1997 requiring all witnesses to testify 
openly but providing procedures for their subsequent protection, ``in 
exceptional cases.''
    Despite several years of effort at judicial reform, dissatisfaction 
exists among judges and others about the slowness of strengthening the 
rule of law. Corruption within the judiciary remains a problem. In 
March the newly appointed JY President presented a 5-year blueprint for 
judicial reform. These proposals called for a defendant-oriented trial 
system, which would protect the rights of the accused better and 
increase judicial efficiency. The proposals also would promulgate a 
code of judicial conduct, revise the precepts for evaluating judicial 
performance, and strengthen review of judges' financial disclosure 
reports.
    In February the law was revised to create the position of law 
clerks. Working as assistants to judges, the law clerks are intended to 
improve judicial performance and the quality of decisions.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution and sections of the Criminal and 
Civil Codes contain provisions protecting privacy. A prosecutor or a 
judge,must issue a warrant before a search, except when ``incidental to 
arrest.'' However, critics claim that the ``incidental to arrest'' 
provision is not only unconstitutional but also often interpreted 
broadly by police to justify searches of locations other than actual 
arrest sites. According to the National Police Administration, 
warrantless searches are allowed only in special circumstances, such as 
to arrest an escapee or if facts indicate a person is in the process of 
committing a crime. In any such case, the police must file a report 
with the prosecutor or court within 24 hours. A policeman who carries 
out an illegal search may be sued for illegal entry and sentenced to up 
to 1-year imprisonment. Few prosecutors or judges filed charges against 
policemen found to have obtained evidence illegally. Furthermore, such 
evidence is not excluded automatically from consideration by the court; 
instead, its admission is left to the discretion of the judge. More 
often than not, such evidence is admitted and frequently provides the 
basis for conviction.
    In addition to criminal suspects, persons are subject to searches 
and identity checks by police in public places. Roadblocks to check 
vehicles randomly are conducted routinely. Pedestrians also are subject 
to identity checks. Such checks are based only on a section of the 
Police Administration Law, and police officers are given wide 
discretion.
    The wiretapping of telephones is a serious problem. The 
Telecommunication Law and the Code of Criminal Procedure provide that 
judicial and security authorities may file a written request to a 
prosecutor's office to monitor telephone calls to collect evidence 
against a suspect involved in a major crime. According to media 
reports, this practice is commonplace with more than 15,000 telephones 
being wiretapped during the year. In June the LY passed legislation 
intended to bring unauthorized wiretapping under control by imposing 
severe penalties. The law also provides for wiretapping by the 
intelligence services.
Section 2 Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the authorities generally 
respect these rights in practice. A 1998 Council of Grand Justices 
decision invalidated a statute prohibiting the advocacy of communism or 
the division of national territory, which previously had circumscribed 
these rights formally, although the statute's provisions were not 
enforced in practice.
    Print media represent the full spectrum of views within society. 
However, some political influence still exists over the electronic 
media, particularly television. The KMT continues to be one of the 
largest shareholders in three of the five island-wide broadcast 
television stations, and some critics claim that coverage on these 
three stations has been biased in favor of the KMT. The Taiwan 
Provincial Government, previously a major shareholder, was eliminated 
from government structure at the end of 1998, and, although the 
military continues to be a large shareholder, it does not appear to 
play any role in programming. A fourth island-wide broadcast television 
station based in Kaohsiung is associated with the largest opposition 
party, the Democratic Progressive Party (DPP). A fifth island-wide 
broadcast station run by a nonprofit public television foundation under 
the Government Information Office was inaugurated in 1998. In any 
event, the existence of approximately 100 cable television stations, 
some of which carry programming openly hostile to the ruling party, has 
diminished greatly the importance of KMT control over broadcast 
television stations. Over 70 percent of households receive cable 
television, which includes local, privately financed channels, as well 
as many major international networks. Cable television call-in programs 
have given the public an additional means of expressing their views.
    Controls over radio stations were more limited than those over 
television stations and are being liberalized further. From 1993 to 
September, the Government Information Office (GIO) received 626 
applications for radio broadcast frequencies. A total of 189 
frequencies were made available, and 118 of these were apportioned; 
many of the 71 still available are in remote areas. However, many of 
the newly authorized radio stations have limited broadcast ranges, 
leading critics to charge that the stations do not constitute a genuine 
counterweight to the authorities' monopoly on island-wide radio 
broadcasting.
    Observers noted that licensing requirements oblige prospective 
radio station owners to have more capital than actually is required to 
operate a station. This requirement inhibits individuals or groups from 
applying for radio station licenses. However, the GIO claims that the 
$1.5 million (nt$50 million) required capitalization is based upon 
consideration of actual business costs and notes that the required 
capitalization is reduced to $31,250 (nt$1 million) for radio stations 
serving remote areas or designated ethnic groups and civic 
organizations, or which promote local development. Reportedly over100 
unlicensed ``underground'' radio stations, many associated with 
opposition parties, operate illegally.
    In 1992 the authorities revised sedition statutes to limit the 
purview of the Sedition Law and the National Security Law (NSL) and to 
remove prohibitions on ``actions against the Constitution.'' However, 
the NSL still retains prohibitions against advocating communism or 
espousing the division of national territory, although these were 
invalidated by the 1998 Council of Grand Justices decision that such 
prohibitions were unconstitutional.
    While there were three cases in which senior leaders charged local 
publications with libel in 1997, no new cases were reported during 
1998-99.
    There is a vigorous and active free press. In January the LY 
abolished the Publications Law, which had empowered the police to seize 
or ban printed material that is seditious, treasonous, sacrilegious, 
interfered with the lawful exercise of public functions, or violated 
public order or morals. There were no reports of censorship of the 
print media during the year, nor were there any seizures of materials 
on political grounds. The police sometimes conduct raids to seize 
pornographic materials.
    The GIO requires that any publications imported from mainland China 
be sent to the GIO Publications Department for screening before sale or 
publication, and still seeks to ban the importation of publications 
that advocate communism or the establishment of united front 
organizations, endanger public order or good morals, or violate 
regulations or laws. However, few local publishing companies observe 
this regulation, and substantial People's Republic of China-origin 
material is imported every year. Moreover, cable television systems 
broadcast uncensored television channels from mainland China.
    Among other restrictions regulating the media are those precluding 
persons previously convicted of sedition from owning, managing, or 
working in television and radio stations. Major opposition leaders, 
many of whom were convicted of sedition after the 1979 Kaohsiung 
incident, are nevertheless not affected because their rights were 
restored through presidential amnesties.
    There are few restrictions on academic freedom. The expression of 
dissenting political views is common.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; although in the past the authorities 
restricted this right somewhat in practice, they have not done so 
following the Council of Grand Justices' 1998 decision that provisions 
of the Parade and Assembly Law prohibiting demonstrations promoting 
communism or advocating Taiwan's separation from mainland China were 
unconstitutional.
    The Constitution provides for freedom of association; however, 
although the authorities restricted this right somewhat in practice, 
these restrictions were eliminated early in the year. The Civic 
Organization Law requires all civic organizations to register, but in 
April the central authorities removed the previous restriction on 
registration of groups that use the word ``Taiwan'' in their titles 
after a CGJ ruling that such a restriction was unconstitutional. Prior 
to this change, the lack of registration entailed some inconvenience to 
the operations of some groups. For example they could not solicit 
donations from the public, contributors could not take income tax 
deductions for their contributions, and their employees could not 
receive employment-linked benefits such as national health insurance 
coverage. Nonetheless they operated actively, freely, and effectively.
    A 1992 revision of the Civic Organization Law removed from the EY 
the power to dissolve political parties. This power now resides in the 
Constitutional Court. Grounds for dissolution include objectives or 
actions that are deemed to jeopardize the existence of the ``Republic 
of China.'' The Constitutional Court heard no cases under this law 
during the year.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the authorities respect this right in practice.
    Religious organizations are required to register with the 
authorities under the Temple Management Law, the Civic Organizations 
Law, or the Corporate Bodies Law. In the past, the authorities 
occasionally denied registration to new religions whose doctrines were 
unclear. But such religions are now registered as civic organizations. 
There were no reports that the authorities seek to suppress new 
religions.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The authorities do not restrict freedom 
of internal travel. Foreign travel by passport holders is common.
    Nonresident Taiwan passport holders are usually issued ``overseas 
Chinese'' passports and must seek entry permits for travel to Taiwan. 
According to 1992 revisions to the National Security Law, entry permits 
may be refused only if there are facts sufficient to create a strong 
suspicion that a person is engaged in terrorism or violence. Reasons 
for entry and exit refusals must be given, and appeals may be made to a 
special board. No exit or entry permit refusals were reported during 
the year. In 1993 new measures provided that holders of Taiwan 
passports who normally reside abroad may return and regain their 
household registration, a document required to vote or participate as a 
candidate in an election.
    Since 1988 Taiwan has substantially relaxed strictures against 
travel by residents to the Chinese mainland, and such travel is common. 
Relatively tight restrictions on the entry of Chinese from the mainland 
remain in force for national security reasons, but they have been 
relaxed in recent years to expand cross-strait exchanges.
    There is no law under which noncitizens may ask for asylum, and 
there were no applications for refugee status during the year. While 
the authorities have been reluctant to return to the mainland those who 
might suffer political persecution, they regularly deport to the 
mainland, under provisions of the Mainland Relations Act, mainlanders 
who illegally enter the island for economic reasons. There were no 
reports of forced return of persons to a country where they feared 
persecution.
    The detention centers for illegal immigrants continue to attract 
media attention. While the completion of expansion projects has 
eliminated overcrowded conditions, inmates complain about overly long 
stays at the centers while waiting to be repatriated. The Bureau of 
Entry and Exit faults mainland Chinese authorities for insisting on 
extensive background checks, which results in a delay in repatriation.
    In the spring legislative session, the LY enacted an Entry, Exit, 
and Immigration Law; among other things it criminalizes alien 
smuggling. However, this portion of the law still requires enabling 
legislation.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have this right. In 1996 Taiwan for the first time carried 
out the direct, popular election of its president, thus completing its 
transition to a democratic, multiparty political system. The transition 
began with the lifting of martial law in 1987. Generally free and fair 
popular elections for the LY took place in 1992, 1995, and 1998. 
Corruption and vote buying, particularly in local elections, are 
problems. In September the National Assembly (NA) passed amendments to 
the Constitution that included extending the current term of Assembly 
deputies and replacing their popular election with a system of 
appointment based on political party apportionment. The NA is charged 
mainly with amending the Constitution.
    The KMT remains the largest political party, with 2 million 
members. It secured a working majority in the 1998 elections for an 
expanded LY, winning 124 of 225 seats. The KMT also won the December 
election for Taipei mayor. The Democratic Progressive Party, which 
traditionally had advocated independence for Taiwan and has an 
estimated 200,000 members, controls 54 LY seats. It won 12 of 23 
mayoral and county magistrate posts in 1997, including that of Taipei 
County, placing a majority of Taiwan's population in DPP-led 
localities. The DPP also won the Kaohsiung mayor's office in the 1998 
election. Younger KMT members who opposed the Party's domination by 
``mainstream'' ethnic Taiwanese supporters of President and Party 
Chairman Lee Teng-hui established the New Party in 1993. The New Party 
has 11 seats in the LY and claims a membership of 86,000.
    The KMT benefits from its ownership of three of the major 
television channels and of enterprises and business holdings estimated 
to be worth in excess of $6 billion, and from the fact that its members 
still hold most key positions in the political system, sometimes 
concurrently with important party positions. However, in recent years, 
opposition parties grew rapidly and freely contest elections, criticize 
the authorities, and influence national policy through the legislative 
process.
    The Constitution provides for equal rights for women, but their 
role in politics, while increasing, remains limited. Nevertheless there 
are six female members of the Cabinet, including the Minister of 
Justice, the Chairperson of the Fair Trade Commission, and the 
Chairperson of the EY Council for Cultural Development. A number of 
women also hold senior KMTpositions, including three members of the 
Central Standing Committee. In addition 43 of 225 LY members, 54 of 316 
National Assembly members, and 2 of 29 Control Yuan members are women.
    Aborigine representatives participate in most levels of the 
political system, partially through 6 reserved seats in the NA and LY--
half of each elected by the plains Aborigines and half by mountain 
Aborigines. An Aborigine serves as Chairman of the Aboriginal Affairs 
Commission. The magistrate of Taitung County is an Aborigine first 
elected in 1993 and reelected in 1997.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The principal human rights organizations are the Chinese 
Association of Human Rights and the Taiwan Association for Human 
Rights. Both organizations operate freely, although coordination 
between the two is limited. Both organizations investigate human rights 
complaints, many of which come to public attention through the media 
and statements by lawmakers from all political parties. The authorities 
permit representatives of international human rights organizations to 
visit and meet with citizens freely. Women's and children's human 
rights groups monitor police and judicial performance and campaign to 
correct abuses (see Section 1.c.).
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides for equality of citizens before the law 
``irrespective of sex, religion, race, class, or party affiliation.'' 
Constitutional amendments enacted in 1997 also provide for the rights 
of disabled persons. While the authorities are committed to protecting 
these rights, some areas of discrimination continue to exist.
    Women.--Violence against women, including domestic violence and 
rape, remains a serious problem. Wife beating is especially widespread. 
The DPP Women's Development Committee claimed that 35 percent of 
married women were victims of spousal abuse. The authorities fund 
domestic violence hot lines, which have handled some 17,000 cases over 
the past decade. By law a prosecutor may not investigate domestic 
violence cases until a spouse files a formal lawsuit. Although some 
cases are prosecuted, strong social pressure discourages abused women 
from reporting incidents to the police in order to avoid disgracing 
their families. Rape also remains a serious problem, and its victims 
are stigmatized socially. One expert estimates that 7,000 rapes occur 
annually--10 times the number reported to the police. In a step 
forward, in April the LY passed legislation that permits the 
prosecution of the crime of rape without requiring the victim to press 
charges. According to a law passed in 1997, rape trials no longer are 
public unless the victim consents. The Code of Criminal Procedure 
establishes the punishment for rape as not less than 5 years' 
imprisonment, and those convicted are usually sentenced to from 5 to 10 
years in prison. In the first 6 months of the year, 335 persons were 
indicted for the crime of rape, and 141 were convicted.
    In 1998 the LY passed new legislation that required all city and 
county governments to set up domestic violence prevention and control 
centers. The centers provide victims with protection, shelter, legal 
counseling, and other services on a 24-hour basis. Under the law, a 
judicial order may be obtained to prohibit violators from approaching 
victims. The Ministry of Interior also provides assistance to victims 
of rape or domestic violence, such as financial assistance and shelter. 
In April the Ministry established a domestic violence prevention 
committee to implement a comprehensive program for the protection of 
women and children.
    Prostitution, including coerced prostitution and child 
prostitution, is also a problem (see Section 6.f.). The authorities are 
phasing out legalized prostitution. Under the law, no new houses of 
prostitution may be registered.
    The law prohibits sex discrimination, and the LY has in recent 
years begun a systematic review and revision of those portions of the 
legal code relating to divorce, property, and child custody. As a 
result of legislation passed in 1998, many discriminatory sections of 
the code were eliminated. For example women now are no longer required 
to adopt their husband's last name after marriage. In 1994 the CGJ 
declared unconstitutional a Civil Code provision dating to the 1930's 
that gave fathers priority in child custody disputes. In 1996 the LY 
passed legislation that clarified a woman's right to her own property. 
In 1997 the LY repealed legislation requiring that a child take the 
father's name; the parents may now choose to give the child either the 
father's or mother's family name.
    There is no equal employment rights law, and enforcement of 
existing sex discrimination laws remains a problem. Labor lawsprovide 
for maternity leave, but employers do not always grant it. Women also 
complain of being forced to quit jobs due to marriage, age, or 
pregnancy. Women often complain of less frequent promotions and lower 
salaries than their male counterparts, although the Labor Standards Law 
prohibits gender-based differences in wages. According to the Council 
on Labor Affairs, salaries for women average 85 percent of those for 
men performing roughly equal jobs.
    In the past, many women married to foreigners said that their 
husbands had a more difficult time obtaining residency than the foreign 
wives of male citizens. They also complained that their children were 
not allowed to enter public schools. In 1995 the Ministry of Foreign 
Affairs announced a relaxation of the regulations governing foreign 
husbands' visas that allows the foreign husbands of citizens to remain 
in Taiwan (at a minimum) for 6 months at a time rather than the shorter 
periods granted previously. The Ministry of Education also clarified 
regulations permitting the children of foreign fathers to attend public 
schools. In May the LY passed legislation permitting spouses of 
citizens to apply for permanent residency after residing in Taiwan for 
5 years. However, the Citizenship Law continues to stipulate that the 
transmission of citizenship may occur exclusively through the father. A 
citizen mother with a foreign husband thus cannot apply for a Taiwan 
passport for her child. However, when such a child reaches age 14, the 
child can apply.
    Children.--The Constitution has provisions to protect children's 
rights, and the authorities are committed to supporting them. Education 
for children between 6 and 15 years of age is compulsory, and this rule 
is enforced. Children also are provided health care under the national 
health insurance scheme.
    Child abuse is a significant problem. The 1993 revision of the 
Child Welfare Act states that any persons discovering cases of child 
abuse or neglect must notify the police, social welfare, or child 
welfare authorities, that child welfare specialists must make such 
notification within 24 hours, and that the authorities involved must 
issue an investigation report within 24 hours. Both the Ministry of 
Interior's Social Affairs Department and nongovernmental specialists 
assert that these requirements are followed. In June the LY passed 
legislation creating a Child Welfare Bureau in the Ministry of Interior 
to enhance efforts to protect child welfare.
    In September the first juvenile court was established in Kaohsiung 
to handle criminal cases. Previously regular courts handled such cases. 
The new court includes 24 juvenile counselors. There are three juvenile 
detention centers on the island.
    Although no reliable statistics are available, child prostitution 
is a serious problem, particularly among Aborigine children (see 
Section 6.f.). Most child prostitutes range from 12 through 17 years of 
age. The juvenile welfare law enables juvenile welfare bodies, 
prosecutors, and victims to apply to courts for termination of 
guardianship of parents and the appointment of qualified guardians if 
parents have forced their children into prostitution. If children are 
engaged in prostitution of their own free will, and the parents are 
incapable of providing safe custody, the courts may order competent 
authorities to provide counseling for not less than 6 months and not 
more than 2 years. However, legal loopholes and cultural barriers 
remain obstacles to enforcement. On occasion parents have sold a child 
into prostitution, a problem associated mostly with Aborigine families.
    According to some reports, brothel owners, to prevent child 
prostitutes from escaping, use violence, drug addiction, and other 
forms of coercion. In 1995 the LY passed legislation providing for as 
much as 2 years' incarceration for customers of prostitutes under the 
age of 18. The legislation also requires the publication of the names 
of violators in newspapers. Under a plan adopted by the NPA, city and 
county authorities across the island have established police task 
forces to strengthen their efforts against child prostitution. During 
the first 4 months of the year, 249 persons were arrested, of whom 222 
were indicted and 101 convicted. In June the LY amended the Prevention 
of Child and Juvenile Sex Trafficking Law to prohibit the media from 
running advertisements involving the sex trade and to impose penalties 
on citizens arrested abroad for having sex with minors.
    People With Disabilities.--The Disabled Welfare Law was revised and 
strengthened in 1990. It prohibits discrimination against the disabled 
and sets minimum fines at approximately $2,400 (nt$73,800) for 
violators. Under these revisions, new public buildings, facilities, and 
transportation equipment must be accessible to the disabled, while 
existing public buildings were to be brought into conformity by 1995. 
Although new buildings appear to meet many accessibility requirements, 
there does not as yet appear to besubstantial effort aimed at refitting 
older buildings to accommodate disabled people.
    A leading expert in the field estimates that the number of disabled 
is between 400,000 and 500,000--possibly as high as 700,000. One-third 
of the total are severely disabled and receive shelter or nursing care 
from the authorities. The Disabled Welfare Law requires large public 
and private organizations to hire disabled persons equal to 2 and 1 
percent of their work forces respectively. Organizations failing to do 
so must pay, for each disabled person not hired, the basic monthly 
salary (approximately $570) into the Disabled Welfare Fund, which 
supports institutions involved in welfare for the disabled. Many 
organizations complain that it is difficult to find qualified disabled 
workers, and they appear to prefer to pay the fines involved. The 
authorities have noted the effect of traditional belief that the 
disabled lack the ability to do real work.
    Indigenous People.--The island's only non-Chinese minority group 
consists of the Aboriginal descendants of Malayo-Polynesians already 
established when the first Chinese settlers arrived. According to MOI 
statistics, there are 357,000 Aborigines. More than 70 percent are 
Christian, while the dominant Han Chinese are largely Buddhist or 
Taoist. The civil and political rights of Aborigines are fully 
protected under law. The National Assembly amended the Constitution in 
1992 and again in 1997 to upgrade the status of Aboriginal people, 
protect their right of political participation, and ensure their 
cultural, educational, and business development. In addition the 
authorities instituted social programs to help Aborigines assimilate 
into the dominant Chinese society. A new cabinet-level agency, the 
Aboriginal Affairs Commission, was created, although critics noted that 
its budget is quite small. As part of its efforts to preserve ethnic 
identities, the Ministry of Education now includes some Aboriginal-
language classes in primary schools. Under 1998 legislation, the 
Ministry of Education subsidizes university education for Aborigines 
and works to preserve Aboriginal culture, history, and language through 
the establishment of Aboriginal studies centers.
    Although they face no official discrimination, Aborigines have had 
little impact, over the years, on major decisions affecting their 
lands, culture, traditions, and the allocation of their natural 
resources. In addition they complain that they are prevented from 
owning ancestral lands in mountain areas under the authorities' 
control, some of which have been designated as national parks or 
conservation areas. Land rights remain a crucial issue for Aborigines, 
along with social discrimination, educational underachievement, low 
economic status, and high rates of alcoholism. Some Aboriginal leaders 
have come to believe that only some form of autonomy can preserve their 
land rights, which constantly are threatened by Chinese developers who 
use connections and corruption to gain title to Aboriginal land. 
According to MOI statistics, only about 50 percent of Aborigine 
children complete elementary school. In the past, Aborigines were not 
allowed to use non-Chinese personal names on legal documents, but this 
rule was changed by legislation in 1996.
    The sale of Aboriginal girls into prostitution by their parents is 
also a problem (see Section 6.f.).
Section 6. Worker Rights
    a. The Right of Association.--In 1995 the JY ruled that the right 
to organize trade unions is protected by the Constitution. But, until 
new legislation implementing this decision is passed, teachers, civil 
servants, and defense industry workers still are not permitted to form 
labor unions. Even with this ruling, a number of laws and regulations 
limit the right of association. Labor unions may draw up their own 
rules and constitutions, but they must submit these to the authorities 
for review. Unions may be dissolved if they do not meet certification 
requirements or if their activities disturb public order. However, 
there were no instances of the authorities dissolving local labor 
groups or denying new unions certification.
    The Labor Union Law requires that union leaders be elected 
regularly by secret ballot, and, in recent years, workers have 
sometimes rejected KMT- or management-endorsed union slates.
    Unions may form confederations, but no administrative district, 
including a city, county, or province, can have competing labor 
confederations. There is only one Taiwan-wide labor federation, the 
Chinese Federation of Labor (CFL) which is closely associated with the 
ruling KMT. In 1997 Lee Cheng-hung, Board Chairman of the CFL, was 
elected to the KMT's Central Standing Committee.
    In July unions at 18 state-owned enterprises set up an alliance to 
protect worker rights during privatization. However, theCouncil of 
Labor Affairs (CLA) denied the legitimacy of that federation in the 
absence of an amendment to the Labor Union Law. In 1998 large unions 
representing some 300,000 workers announced their decision to break 
with the CFL and organize the National Federation of Industrial Labor 
Unions. A similar challenge to the restriction on island-wide unions 
was mounted in 1994 when 12 unions from state-run enterprises announced 
their withdrawal from the CFL to establish a new national federation of 
labor unions of state-run enterprises. The CLA turned down their 
application, as well as the appeal of that rejection. In the meantime, 
the trade unions have retained their seats in the CFL. Twenty trade 
unions with a combined membership of 4,000 are affiliated as the 
National Federation of Independent Trade Unionists. Although the 
affiliates are legal, the Federation is considered illegal. In general 
the drive for independent labor unions has lost momentum in recent 
years due to the extremely low unemployment rate, higher wages, the 
shift from manufacturing to service industries, the small scale and 
poor organization of most unions, and prosecution of labor activists by 
the authorities in the past.
    The law governing labor disputes recognizes the right of unions to 
strike but imposes restrictions that make legal strikes difficult and 
seriously weaken collective bargaining. For example the authorities 
require mediation of labor/management disputes when they deem the 
disputes to be sufficiently serious or to involve ``unfair practices.'' 
The law forbids both labor and management from disrupting the ``working 
order'' when either mediation or arbitration is in progress. The law 
mandates stiff penalties for violations of no-strike and no-retaliation 
clauses. Employers in the past sometimes ignored the law and dismissed 
or locked out workers without any legal action being taken against 
them, although no such cases were reported during the year. The CLA 
reported that from 1990-98, there were 34 strikes, of which 23 involved 
workers at bus companies seeking increased pay and reduced hours. 
Strikes threatened in January at the Chinese Petroleum Corporation and 
Taiwan Railway Bureau did not materialize as workers obtained 
satisfactory concessions from management. There were three strikes in 
1998 and one strike in 1997.
    Taiwan was expelled from the International Labor Organization in 
1971 when the People's Republic of China replaced Taiwan in the United 
Nations. The CFL is affiliated with the International Confederation of 
Free Trade Unions.
    b. The Right to Organize and Bargain Collectively.--Except for the 
categories of workers noted in Section 6.a., the Labor Union Law and 
the Settlement of Labor Disputes Law give workers the right to organize 
and bargain collectively. As of March, some 3 million workers, 
approximately 31 percent of the 9.5 million-person labor force, 
belonged to 3,710 registered labor unions.
    Under the Labor Union Law, employers may not refuse employment to, 
dismiss, or otherwise unfairly treat workers because they are union 
members. However, in practice, employers sometimes have dismissed union 
leaders without reasonable cause, and observers point out that the law 
sets no specific penalties for violations. Several union leaders of a 
container terminal company were laid off at the end of 1998 following a 
strike earlier in the year. According to the illegal National 
Federation of Independent Trade Unionists, over 400 trade unionists and 
supporters have been fired since the labor movement began to expand 
after the 1987 lifting of martial law.
    The Collective Agreements Law provides for collective bargaining 
but does not make it mandatory. Since such agreements are used only in 
large-scale enterprises, and less than 5 percent of enterprises fall 
into this category, the proportion of workers covered remains small. 
Employers set wages generally in accordance with market conditions.
    Firms in export processing zones are subject to the same laws 
regarding treatment of labor unions as other firms and follow normal 
practices including collective bargaining agreements with their unions.
    c. Prohibition of Forced or Compulsory Labor.--The Labor Standards 
Law prohibits forced or compulsory labor, and there were no reports of 
these practices, apart from coerced prostitution (see Sections 5 and 
6.f.). The law prohibits forced and bonded labor by children, and the 
authorities generally enforce this prohibition effectively. However, 
some parents of Aboriginal children sell them into prostitution, and 
the requirements of the law make prosecution difficult at times (see 
Section 5).
    In July nine women who were forced to work as ``comfort women'' 
(women who, during World War II, were forced to provide sex to soldiers 
of the Japanese Imperial Government) filed lawsuits inJapan seeking 
$100,000 (nt$3,000,000) and a formal apology from the Japanese 
Government. The case is before the courts.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The authorities prohibit forced and bonded child labor and 
generally enforce this prohibition effectively, although the sale of 
Aboriginal children into prostitution remains a problem (see Sections 5 
and 6.c.). The Labor Standards Law (LSL) stipulates age 15, after 
compulsory education required by law ends, as the minimum age for 
employment. County and city labor bureaus enforce minimum age laws.
    e. Acceptable Conditions of Work.--The LSL mandates labor 
standards. According to the CLA, until recently the law covered 3.6 
million of 6.6 million salaried workers and was not well enforced in 
areas such as overtime work and pay or retirement payments. A 1996 
amendment extended the LSL to all salaried employees. By mid-year the 
LSL covered 5.5 million employees. The CLA is conducting a publicity 
campaign to increase public awareness of the law and set up telephone 
hot lines to accept complaints on LSL violations.
    The CLA did not increase the minimum monthly wage, which remained 
at $465 (nt$5,840). While sufficient in less expensive areas, this wage 
is less than that needed to assure a decent standard of living for a 
worker and family in urban areas such as Taipei. However, the average 
manufacturing wage is more than double the legal minimum wage, and the 
average for service industry employees is even higher. The law limits 
the workweek to 48 hours (8 hours per day, 6 days per week) and 
requires 1 day off in every 7 days. In 1998 the public sector adopted a 
new system providing for a 5-day workweek every other week. According 
to a CLA survey, about one-third of private enterprises also have 
adopted that system.
    Because of an acute labor shortage, there has been a legal influx 
of foreign workers in the last several years. The law stipulates that 
foreign workers who are employed legally receive the same protection as 
local workers. However, in 1998 foreign domestic workers were exempted 
from the LSL, denying them the right to safeguards provided to 
citizens. Moreover authorities say that in many cases illegal foreign 
workers, many from Thailand and the Philippines, receive board and 
lodging from their employers, but no medical coverage, accident 
insurance, or other benefits enjoyed by citizens. Illegal foreign 
workers also are vulnerable to employer exploitation in the form of 
confiscation of passports, imposition of involuntary deductions from 
wages, and extension of working hours without overtime pay. In addition 
observers say that conditions in many small- and medium-sized factories 
that employ illegal foreign labor are dangerous, due to old and poorly 
maintained equipment. There are also occasional reports of the 
mistreatment of legal foreign workers. According to CLA statistics, 
there are 279,000 legal foreign workers, including approximately 
135,000 workers from Thailand and 115,000 workers from the Philippines. 
In May the CLA signed a labor agreement with Vietnam permitting its 
workers to obtain employment in Taiwan. The unemployment rate remained 
at 2.7 percent in 1998. The CLA set the quota for foreign workers at 
300,000. However, in July the CLA announced that in view of the 
increase in unemployment for unskilled labor and Aborigines, it would 
decrease the foreign labor quota in the construction and manufacturing 
sectors by 10 percent.
    The 1991 revised Occupational Safety and Health Law (OSHL) extended 
coverage to include workers in agriculture, fishing, and forestry 
industries and appeared to strengthen penalties for safety violations. 
It nevertheless still provides only minimal standards for working 
conditions and health and safety precautions. The OSHL gives workers 
the right to remove themselves from dangerous work situations without 
jeopardy to continued employment. However, some critics see the law as 
a step backward; for example, they note that, under the revised law, 
general contractors are not responsible for the safety of persons 
working for subcontractors.
    The 1993 Labor Inspection Law was designed to strengthen the 
enforcement of labor standards and health and safety regulations. It 
increased the number of enterprises and types of safety factors to be 
inspected; gave inspectors quasi-judicial powers; required 
preexamination of dangerous working places such as naphtha-cracking 
plants, pesticide factories, and firecracker factories; and raised 
penalties for violations. Critics allege that the CLA does not 
effectively enforce workplace laws and regulations because it employs 
too few inspectors. There are 223 inspectors for the approximately 
300,000 enterprises covered by the OSHL. The inspection rate increased 
to 8.3 percent in 1998, up from 7.6 percent in 1997. Since many 
enterprises are small, family-owned operations employing relatives 
unlikely to report violations, actual adherence to the hours, wage, and 
safety sections of various labor laws is hard to document but is 
believed to be minimal in these smaller enterprises.
    f. Trafficking in Persons.--There is no law specifically 
prohibiting trafficking; however, traffickers for sexual purposes may 
be prosecuted under the Sexual Violation Offenses Act, which outlaws 
sexual transactions for profit. In addition in May the LY enacted 
legislation which criminalizes alien smuggling (see Section 2.d.). The 
1995 Statute for Prevention of Child and Juvenile Sexual Trafficking 
empowers the authorities to prosecute any person who intends to force a 
girl below the age of 18 to engage in sex or to sell or pawn her by 
other means. Nonetheless there are reports of organized crime rings 
trafficking in women for the purpose of forced prostitution. The 
majority of cases involve women from mainland China or Thailand. 
Criminal gangs in mainland China reportedly use deceptive measures to 
recruit and procure young women who are then funneled to Taiwan-based 
organized crime gangs who arrange sham marriages to enable them to 
obtain visas to enter Taiwan. The women then are forced into 
prostitution. The extent of the problem is difficult to determine, 
there have been 50,000 marriages between persons from mainland China 
and Taiwan since 1992, but less than 1 percent are believed to involve 
the trafficking gangs. In May police arrested eight men linked to one 
such crime syndicate who married in mainland China and then forced 
their wives to work as prostitutes in Taiwan. Light sentences for 
traffickers hamper police efforts to end this trade. Trafficking 
victims, if arrested for prostitution, also face light sentences, such 
as fines or deportation.
    The sale of Aboriginal girls into prostitution by their parents is 
also a problem. However, reports have indicated that in the period from 
June 1994 to July 1995, the percentage of all arrested child 
prostitutes who were of Aboriginal origin dropped from 15 percent to 5 
percent. This reduction may have come about due to intensive efforts on 
the part of social workers and nongovernmental organizations to combat 
the practice of selling female children into prostitution. The NPA also 
coordinated the formation of police task forces in local jurisdictions 
to investigate and prevent the sale of Aboriginal girls into 
prostitution. From the beginning of 1998 through April, 46 Aboriginal 
girls were found to have been engaged in prostitution.
                                 ______
                                 

                                  FIJI

    Fiji continued to make progress toward a more representative and 
democratic government following peaceful and democratic elections in 
May. The amended Constitution that came into effect in July 1998 
encourages a multiethnic government while protecting traditional Fijian 
values. Under the amended Constitution, the Prime Minister and the 
President can be of any race, and for the first time, in addition to 
the communally allocated seats, there are open seats not allocated to 
any racial community in the lower house of Parliament. The judiciary is 
independent.
    The Constitution also includes a strengthened bill of rights and a 
compact designed to protect the rights of all citizens. It alters the 
official name of the country to ``Republic of the Fiji Islands'' and 
designates all citizens ``Fiji Islanders,'' avoiding designations 
specifying ethnicity. However, it preserves the paramountcy of 
indigenous Fijian interests, which cannot be subordinated to the 
interests of other communities.
    Peaceful and democratic elections were held in May and resulted in 
a change of government and the election of a Labor Party-led coalition 
administration. The new multiethnic Government consists of a number of 
political parties and enjoys a better than two-thirds majority in 
Parliament. For the first time, the country has an Indo-Fijian prime 
minister, Mahendra Chaudhry, the head of the Labor Party.
    The Constitution is designed to promote greater political 
stability. Nonetheless, ethnicity remains a dominant factor in Fijian 
life and affects the country's politics, economy, and society. The 
population is a multiracial, multicultural mix, with indigenous Fijians 
comprising 51 percent, Indo-Fijians (descendents of immigrants from the 
Indian subcontinent) around 42 percent, and Asians, Caucasians, and 
other Pacific Islanders making up the rest of the population of over 
775,000. The ethnic division is illustrated by the contrast between the 
private and public sectors; Indo-Fijian families largely control most 
private businesses, while indigenous Fijians largely head the 
government ministries and the military.
    The Fiji Military Forces (FMF), a small professional force, comes 
under the authority of the Ministry for Home Affairs, as do the police. 
The Fiji Intelligence Service was dissolved by the Cabinet in August. 
Its functions were absorbed by the Police Special Branch and by a new 
analytical unit that was established in the Ministry of Home Affairs. 
There continue to be credible reports of human rights abuses by 
individual police officers.
    Sugar and tourism are the mainstays of the economy, accounting for 
more than half of foreign exchange earnings. Investment is depressed 
due to continuing concerns over the resolution of land lease issues. 
Economic growth of approximately 4 percent was achieved due to record 
numbers of tourists and a bumper sugar crop following 2 years of 
droughts and floods.
    The principal human rights problem, while significantly addressed 
in the revised Constitution, remains ethnically based discrimination. 
Constitutional provisions reduce the factors that abridge the right of 
citizens to change their government. However, the Constitution 
maintains a partially ethnically based electoral system. Constitutional 
safeguards and a number of government policies, including hiring 
practices, education policies, and land tenure preferences continue to 
provide protection for indigenous Fijian interests. Other human rights 
problems include occasional police brutality, informal constraints on 
the freedom of the press, efforts to restrict public comments by the 
diplomatic corps, discrimination and cases of violence against women, 
and instances of abuse of children.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Police sometimes abuse detainees; the authorities have 
punished some of the offending officers, but these punishments have not 
deterred all police abuses. The Police Department's internal affairs 
unit investigates complaints of police brutality. The law permits 
corporal punishment as a penalty for criminal acts, but this provision 
is seldom invoked.
    Prison authorities have struggled to meet minimum international 
standards within the limits of local financial restraints. Prison 
conditions are Spartan, and food and sanitation are limited.
    The Government permits visits to prisons by church groups and 
family members.
    d. Arbitrary Arrest, Detention, or Exile.--The Law of Arrest and 
Detention provides that a person may be arrested only if police believe 
that the criminal law has been or is about to be broken. Arrested 
persons must be brought before a court without ``undue delay.'' This 
requirement is taken to mean within 24 hours, with 48 hours as the 
exception (such as when an arrest is made during a weekend). Rules 
governing detention are designed to ensure that suspects are questioned 
fairly. Detainees have the right to a judicial review of the grounds 
for arrest; in urgent cases, detainees may apply to a judge at any 
time, whether he is sitting or not. Incommunicado and arbitrary 
detention, both illegal, did not occur.
    Exile is not practiced.
    e. Denial of Fair Public Trial.--The judiciary is independent under 
the Constitution and in practice.
    The judicial structure is patterned on the British system. The 
principal courts are the magistrate courts, the High Court, the Court 
of Appeal, and the Supreme Court. There are no special courts; military 
courts try only members of the armed forces. Magistrate courts continue 
to try the large majority of cases.
    In addition to its jurisdiction in serious civil and criminal 
cases, the High Court is granted special interest jurisdiction on 
behalf of the public and is empowered to review alleged violations of 
individual rights provided by the Constitution.
    Defendants have the right to a public trial and to counsel. Trials 
in the High Court provide for the presence of assessors (citizens 
randomly selected to represent the community); cases in magistrate 
court do not. In litigation involving lesser complaints, a public legal 
advisor assists indigent persons in domestic or family law cases. The 
right of appeal exists but is hampered by continuing delays in the 
appeals process. Bail is granted freely and most defendants do not 
experience pretrial detention.
    The law sometimes treats women differently from men. In some 
instances, there is a presumption of reduced competence and thus 
reduced responsibility for women. For example only women can be charged 
with infanticide (if a man kills an infant the act is treated as 
murder, a more serious charge). A female defendant in an infanticide 
case is presumed to have diminished mental capacity, and sentences are 
reduced or suspended accordingly.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--In general the Government respects the privacy of the 
home; however, the Home Affairs Ministry has powers, within specific 
operational guidelines, to search persons and property, access private 
financial records, and monitor mail and telephones when a warrant is 
issued by the National Security Council. The Home Affairs Ministry 
conducts surveillance of persons whom it believes represent a security 
threat.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Freedom of speech generally is 
respected; however, the new Government repeatedly has criticized the 
national media for a perceived antigovernment bias and for its coverage 
of sensitive issues, particularly when the Government perceives the 
coverage as diminishing respect for its authority. There are credible 
reports of attempts by individual members of the Government to pressure 
editors or otherwise interfere with the independence of the press.
    Nevertheless, political figures and private citizens can and do 
speak out against the Government. Although the Public Order Act and 
other acts prohibit actions that are likely to incite racial 
antagonism, there were no reported arrests under these acts.
    Legislation pertaining to the press is contained in the Newspaper 
Registration Act (NRA) and the Press Correction Act (PCA). Under the 
NRA, all newspapers must be registered with the Government before they 
can publish. Although the Government never has used the PCA, the act 
gives the Minister of Information sole discretionary power to order a 
newspaper to publish a ``correcting statement'' if, in the Minister's 
opinion, a false or distorted article is published. Should the 
newspaper refuse to publish the Minister's correction, it can be taken 
to court and, if found guilty, fined approximately $700 (FJ$1,000) 
(individual persons convicted under the act may be fined approximately 
$150 [FJ$220] or imprisoned for 6 months or both). The PCA allows the 
Government to arrest anyone who publishes ``malicious'' material. This 
includes anything the Government considers false news that could create 
or foster public alarm or result in ``detriment to the public.''
    The media operate without prior censorship but with considerable 
self-censorship. Newspapers occasionally print editorials critical of 
the Government and occasionally do investigative reporting. They widely 
report statements about the political situation by opposition figures 
and foreign governments. The letters-to-the-editor columns of the two 
daily newspapers also frequently carry political statements from a wide 
cross section of society, including members of the deposed precoup 
government, which are highly critical of the Government, its programs, 
and the Constitution. Criticism, albeit muted, of the once sacrosanct 
traditional chiefly system is appearing more frequently. However, the 
Government still views negative comments about individual chiefs with 
disfavor.
    An active local organization, the Fiji Islands Media Association 
(FIMA), is an affiliate of the regional Pacific Islands News 
Association (PINA). Both FIMA and PINA pressed for bettertraining and 
the establishment of codes of ethics for journalists. In a show of 
support for strengthening the media, the Government unconditionally 
provided housing for the Fiji Journalism Training Institute. The 
formerly dormant Fiji News Council was reorganized and is active again. 
The Council strives to promote high journalistic standards, enhance the 
image of the media, safeguard its independence, and resolve complaints 
from the public.
    The Government bought one of the country's two daily newspapers, 
the Fiji Post and announced in August that all government advertising 
and official statements henceforth would be published only in the Fiji 
Post. FIMA noted its concern about these developments and their effect 
on media freedom. The new Government has criticized publicly the 
``bias'' of the noncitizen editor and the foreign ownership of the 
country's other daily newspaper, the Fiji Times.
    The country's television news production is owned and operated by 
Fiji One, the only noncable television station. A trust operating on 
behalf of the provincial governments owns 51 percent of Fiji One; the 
other 49 percent is owned by private individuals and interests. The 
Government's attempt to open the television market to new entrants is 
being challenged in court.
    In August 1998, the Government sought to require foreign diplomatic 
representatives to submit all public address requests for approval by 
the Foreign Ministry and to provide advance copies of speech texts. The 
Government also stated that foreign diplomatic representatives are 
obliged not to comment on politically sensitive issues such as the 
Constitution, land issues, and relations between communities, citing 
the need to respect the sovereignty of the State and noninterference in 
internal matters.
    While academic freedom generally is respected, government work 
permit stipulations and University of South Pacific (USP) contract 
regulations effectively have deterred university employees from 
participating in domestic politics. In 1998 the Government reportedly 
investigated allegations that two foreign USP journalism lecturers 
violated the terms of their work permits by writing paid articles 
critical of democracy in Fiji for Internet web pages and publications 
not associated with USP. Student groups organize freely.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right to assemble for political purposes, subject to 
restrictions in the interest of public order. However, permits for 
public gatherings must be obtained from the district officer, and the 
Government does not always grant permits for large outdoor political 
meetings or demonstrations, particularly if the police advise of 
difficulties with the anticipated crowd size or their ability to assure 
public safety.
    Nevertheless, the Government routinely issued permits for rallies 
organized by political parties, religious groups, and groups opposed to 
government policies.
    Opposition parties operate without government interference. 
Political organizations operate and issue public statements and did so 
repeatedly and openly throughout the year.
    c. Freedom of Religion.--The Constitutional provision of freedom of 
religion is honored in practice. The Government does not restrict 
foreign clergy and missionary activity or other typical activities of 
religious organizations.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Government does not restrict freedom 
of movement within the country or abroad. Occasional detentions at the 
airport occur, but the courts order redress where this is warranted. 
Citizens are free to emigrate, and about 50,000 have done so since the 
1987 coups. The Government does not restrict their return if they 
choose to do so and has encouraged those who left after the coups to 
return.
    The Government cooperates with the office of the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees. In the past, it has been reluctant to grant first 
asylum without assurances that the asylum seeker would be moved to a 
third country. There were no reports of theforced return of persons to 
a country where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The 1998 constitutional amendments were a significant step toward a 
more representative and democratic government. The amended Constitution 
reduces the ethnically based factors that abridge the right of citizens 
to change their government. Under its provisions, the Prime Minister 
and President can be of any race. It establishes a 71-member lower 
house with 25 open seats and 46 seats allocated to different ethnic 
communities. The open seats, which are unprecedented, have been 
established by an electoral commission and apportioned into districts 
of approximately equal population. Of the 46 communal seats, 23 are 
allotted to indigenous Fijians, 19 to Indo-Fijians, 3 are ``general 
voter'' (for the most part Caucasians and East Asians) seats, and 1 is 
allotted to the Rotumans (an ethnically distinct Polynesian people), 
roughly proportional to the different communities' representation in 
the population. The amended Constitution also contains an alternate 
vote system for elections to the lower house to replace the winner 
takes all system of the previous constitution. Although the Review 
Commission recommended a mostly elected Senate, it remains an appointed 
body. The President appoints its 32 members with the Great Council of 
Chiefs nominating 14 members, the Prime Minister 9, the opposition 
leader 8, and the Council of Rotuma 1 member.
    Included in the amended Constitution is a strengthened bill of 
rights and a compact among the country's citizens to protect their 
respective rights and interests; however, it acknowledges that the 
paramountcy of indigenous Fijian interests cannot be subordinated to 
the interests of other communities. In July 1998, Parliament passed a 
new emergency powers act that can be invoked if Parliament determines 
that there is a threat to the life of the nation. International media 
organizations criticized the law due to concern that the Government 
could close or censor publications during times of crisis.
    The number of political parties expanded in the period prior to the 
May elections. The former government, the ethnic-Fijian SVT party (the 
Fijian Political Party), in coalition with the predominantly Indo-
Fijian National Federation Party and the general electors, was defeated 
easily by the ``People's Coalition.'' The People's Coalition Government 
is led by the Fiji Labor Party and includes a number of ethnic Fijian-
based parties, the Fijian Association Party, and two new parties, the 
Christian Democratic Party and the Party of National Unity. A number of 
independent Members of Parliament also joined the government coalition. 
In the Senate, whose members are not elected but appointed based on 
criteria established in the Constitution, a constitutional dispute 
prevented the seating of the eight nominees of the leader of the 
opposition. The President has objected to the proposed list. His 
refusal to approve the nominees was challenged, and at year's end the 
matter was before the High Court.
    The amended Constitution mandates that all parties that gain more 
than 10 percent of parliamentary seats in general elections are to be 
invited to participate in a government of national unity. All of the 
parties that met the 10 percent requirement were so invited, although 
not all accepted.
    Women in both the Fijian and Indian communities have functioned 
primarily in traditional roles, and are underrepresented in government 
and politics. However, an increasing number of women are rising to 
prominent positions in politics and public service. The May elections 
resulted in an increased number of women elected to Parliament. Five 
women are members of the 27-member Cabinet, with one selected as Deputy 
Prime Minister. Women also play important roles in the chiefly system 
and can be chiefs in their own right. The President's wife is one of 
the three highest ranking chiefs.
    For the first time, an Indo-Fijian is Prime Minister.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    No local groups focus solely on human rights matters, but the 
women's rights movement, the labor movement, and various political 
groups (including organized political parties) are engaged in promoting 
human rights. There are also several small, foreign-based organizations 
that concentrate on local human rights causes, including the Coalition 
for Democracy inFiji (with offices in New Zealand and Australia) and 
two United Kingdom-based groups, the International Fiji Movement and 
the Movement for Democracy in Fiji. There is little interaction between 
the Government and these groups.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The amended Constitution prohibits discrimination on the basis of 
race, sex, place of origin, political opinion, color, religion, or 
creed, and provides specific affirmative action provisions for those 
disadvantaged as a result of such discrimination. In the compact 
included in the amended Constitution, there is a specific provision for 
affirmative action and ``social justice'' programs to secure effective 
equality of access to opportunities, amenities, and services for the 
Fijian and Rotuman people and for all disadvantaged citizens and 
groups.
    Women.--Reliable estimates indicate that 10 percent of women have 
been abused in some way, and this abuse is a major focus of the women's 
movement. Women in Fiji are addressing the problem of domestic violence 
actively. Police have adopted a ``no drop'' rule, according to which 
they will prosecute cases of domestic violence even when the victim 
does not wish to press charges. However, in at least one case in 1998, 
the police reportedly exhibited great reluctance to investigate and 
prosecute a policeman who had beaten his wife into a coma.
    There is a small but active women's rights movement that has 
pressed for serious punishment for rape. Courts have imposed sentences 
that vary widely but are generally lenient. Women sought to have all 
rape cases heard in the High Court where sentencing limits are higher.
    Suva, the capital, and Ba, Labasa, and Lautoka have privately 
funded women's crisis centers, which offer counseling and assistance to 
women in cases of rape, domestic violence, and other problems, such as 
child support payments.
    Constitutional changes which came into effect in 1998 are designed 
to redress the imbalance in spousal and offspring rights between male 
and female citizens. Under the amended Constitution, male and female 
citizens enjoy equal rights in regard to the granting of residence for 
spouses, and registering and racially designating children in regard to 
electoral rolls and ethnic communal property.
    In general, women in the Fijian community are more likely to rise 
to prominence in their own right than are women in the Indo-Fijian 
community. Women have full rights of property ownership and 
inheritance, and a number are successful entrepreneurs. Women generally 
are paid less than men, a discrepancy that is especially notable in the 
garment industry. Garment workers, most of whom are female, are subject 
to a special minimum wage that is considerably lower than that in other 
sectors.
    Children.--The Government is committed to children's rights and 
welfare but has limited financial resources to carry out the 
commitment. In addition the legal system is at times inadequate to 
protect the rights of children, since children's testimony is 
inadmissible unless corroborated by an adult. Societal changes have 
undermined the traditional village and extended family-based social 
structures; an outgrowth of this evolution is a child abuse problem. 
The Government in 1993 created a Child Welfare Committee to address 
these problems.
    School is mandatory through the primary grades.
    Corporal punishment is administered in some schools. The Ministry 
of Education has guidelines for the administration of such punishment 
by principals and head teachers. A number of incidents involving 
alleged beatings of children in religious schools were reported in the 
media. In at least one instance in 1998, a family initiated court 
action against a teacher who reportedly beat a child for lack of 
discipline. There is credible information that not all abuses are 
reported or punished.
    People with Disabilities.--Legal discrimination against physically 
disabled persons in employment, education, and the provision of other 
stateservices does not exist. However, there is no legislation or 
mandated provision for accessibility for the disabled. Several small 
voluntary organizations promote greater attention to the needs of the 
disabled.
    Religious Minorities.--Police continued to investigate a small 
number of cases of desecration of Hindu temples in 1997.
    National/Racial/Ethnic Minorities.--The stated purpose of two 
military coups in 1987 was to ensure the political supremacy of the 
indigenous Fijian people and to protect their traditional way of life 
and communal control of land. To this end, the post-coup government 
initiated a number of constitutional and other measures to ensure 
ethnic Fijian control of the executive and legislative branches. The 
government also successfully raised the proportion of ethnic Fijians 
and Rotumans in the public service to 50 percent or higher at all 
levels, but most dramatically at the senior level: Indo-Fijians now 
represent only 10 percent of the highest levels of the civil service. 
The amended Constitution seeks to redress this imbalance by 
specifically noting that ``the composition of state services at all 
levels must be based on the principle of reflecting as closely as 
possible the ethnic composition of the population.''
    Control of land is a highly sensitive issue. Ethnic Fijians 
currently hold, communally, about 83 percent of land, the State holds 
another 8 percent, and only the remaining 9 percent is freehold land. 
The British colonial administration instituted the present land 
ownership arrangements to protect the interests of the indigenous 
Fijians whose traditional beliefs, cultural values, and self-identity 
are tied to the land. Most cash crop farmers are Indo-Fijians, who 
lease land from the ethnic Fijian landowners through the Native Land 
Trust Board. Many Indo-Fijians, particularly farmers, believe that the 
absence of secure land tenure discriminates against them. Most current 
leases expire by 2000. A parliamentary select committee has been 
established to review agricultural land tenure agreement issues.
    Indo-Fijians are subject to occasional harassment based on race. 
There have been no credible allegations of government involvement in 
such incidents, which the police have investigated, sometimes resulting 
in arrests.
    The new Government raised concerns with what it terms 
``expatriates'' in the country. On several occasions, it announced its 
intention to review all immigration records relating to foreign workers 
and intervened publicly in a number of visa cases, calling on private 
companies to ``localize'' their hiring practices. The minority Chinese 
community complained about perceived government harassment in this 
regard, and the nation's employers' organization spoke against 
government interference.
Section 6. Worker Rights
    a. The Right of Association.--The law protects the right of workers 
to form and join unions, elect their own representatives, publicize 
their views on labor matters, and determine their own policies; the 
authorities respect these rights in practice. However, the law permits 
restrictions to be applied in government employment and in the 
interests of defense, public safety, public order, public morality, or 
public health, or to protect the rights and freedoms of other persons. 
An estimated 55 percent of the paid work force is unionized.
    All unions must register with, but are not controlled by, the 
Government. The only central labor body is the Fiji Trade Union 
Congress (FTUC), which was associated closely with the opposition Fiji 
Labor Party until mid-1992. It subsequently adopted a more independent 
political stance. The FTUC associates internationally. While certain 
unions remain ethnically based, both Indo-Fijians and ethnic Fijians 
hold leadership roles in the trade union movement. The FTUC 
participates, along with the employer's federation, in the Government's 
Tripartite Economic Strategies Committee.
    Strikes are legal, except in connection with union recognition 
disputes. The Government remains involved in certifying union strike 
balloting, which can be an elaborate process given the distance between 
some of the island locations. A 1-day nationallabor protest occurred on 
April 23, 1998. The strike was initiated by the FTUC to protest against 
layoffs, a wage freeze, and the discontinuance of a checkoff system for 
union dues. Sporadic labor unrest occurred throughout 1998 in a number 
of workplaces. The protest included a 1-day bus strike on August 16, 
1998.
    b. The Right to Organize and Bargain Collectively.--The law 
recognizes the right to organize and bargain collectively. Employers 
are required to recognize a union if more than half of the employees in 
a workplace have joined it. Recognition is determined by union 
membership rather than by an election. The Government has the power to 
order recalcitrant employers to recognize unions and has done so. Key 
sectors of the economy, including sugar and tourism, are heavily 
organized. Following the 1992 return to accountable government, the 
Government lifted wage guidelines, and unrestricted collective 
bargaining on wages is now the norm.
    Wage negotiations generally are conducted on an individual company 
or enterprise basis, although industrywide negotiations are on the 
increase. A government proposal to introduce such negotiations was 
supported by employers but opposed by unions.
    The law specifically prohibits antiunion discrimination. In 
practice the unions generally are successful in preventing 
discrimination against workers for union activities, but the law does 
not mandate that fired workers be reinstated.
    Export processing zones (EPZ's) are subject to the same law as the 
rest of the country. However, the FTUC has been unsuccessful in 
obtaining collective bargaining agreements in EPZ's and claims that 
intimidation of workers by employers is widespread. The FTUC sees union 
recognition as the single issue that does not have effective legal 
recourse. The FTUC argues that because of alleged illegal and 
intimidating practices in EPZ's, including threats of loss of work for 
those active in organizing workers, the FTUC is unfairly prevented from 
representing workers in EPZ's.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
specifically prohibits forced labor, including forced and bonded labor 
by children, and there were no confirmed reports that it is practiced. 
However, there were media reports that a form of bonded labor may be 
practiced on a remote copra plantation on an outer island. Other media 
reports indicate that forced labor conditions may exist in certain 
garment manufacturing plants.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Children under the age of 12 may not be employed in any 
capacity. ``Children'' (under age 15) may only be employed outside of 
school hours in family enterprises and not in the industrial sector. 
``Young persons'' (ages 15 to 17) may be employed in certain 
occupations not involving heavy machinery and with specified hours and 
rest breaks. Enforcement by the Ministry for Labor and Industrial 
Relations generally is effective, except for family members working on 
family farms or businesses and ``self-employed'' homeless youths.
    The Government prohibits forced and bonded labor by children and 
enforces this prohibition effectively (see Section 6.c.). School is 
mandatory only through the primary grades.
    e. Acceptable Conditions of Work.--There is no national minimum 
wage. Certain sectors have minimum wages set by the Ministry for Labor 
and Industrial Relations, which effectively enforces them. Minimum wage 
levels will generally support a barely adequate standard of living for 
a worker and family in all sectors except for the garment industry, in 
which the starting hourly wage, $0.50 (FJ$0.72) for learners and $0.65 
(FJ$0.94) for others, is based on the assumption that workers are young 
adults or married women living at home and not supporting a household. 
There are no regulations specifying maximum hours of work for adult 
males. Women can do night work in factories and overtime but are 
prohibited from underground work in mines. Workers in certain 
industries, notably transportation and shipping, have problems with 
excessive hours of work. Indo-Fijians, who generally require a cash 
income to survive, are more vulnerable topressure to work long hours 
than are ethnic Fijians. Many ethnic Fijians return to their villages 
rather than work what they consider excessive hours. Particularly in 
the garment industry, migrant workers (predominantly Chinese or 
Filipino) are increasing in number (presently estimated at around 1,000 
to 2,000 persons) and are a largely unregulated work force.
    There are workplace safety regulations, a Workmen's Compensation 
Act, and an accident compensation plan. A tribunal sets awards for 
workers injured on the job. Government enforcement of safety standards 
under the direction of the Labor Ministry suffers from a lack of 
trained enforcement personnel, but unions do a reasonable job of 
monitoring safety standards in organized workplaces. The International 
Labor Organization's (ILO) 1992 recommendations cited the need to 
improve working conditions, particularly in the garment industry. The 
Government, supported by the FTUC, passed occupational health and 
safety legislation, which came in to effect in 1997. The Government 
continues to work with the ILO to address working conditions. By law an 
employee has the right to remove himself from a hazardous work site 
without jeopardizing his employment.
    f. Trafficking in Persons.--There are no laws specifically 
addressing the subject of trafficking in persons; although laws against 
bonded and forced labor could be used to prosecute traffickers. There 
are unconfirmed reports that some laborers recruited from Asian 
countries, particularly in the garment sector, are held in conditions 
of forced labor (see Section 6.c.).
                                 ______
                                 

                               INDONESIA

    Indonesia made significant progress in its transition from a long-
entrenched authoritarian regime to a more pluralistic, representative 
democracy. During the year, as governmental authority changed hands 
from President B.J. Habibie to new President Abdurrahman Wahid in 
October, the political system was revamped to provide for separation of 
powers, with an executive branch, a president, and an appointed cabinet 
that ultimately are accountable to a directly elected parliament, and 
with initial steps taken toward the establishment of an independent 
judiciary. Under new election and party laws drafted in the early part 
of the year, in June the country held its first pluralistic and 
competitive parliamentary campaigns and elections in 43 years, 
elections that were judged free and fair by international monitors. The 
Government encouraged international assistance to and monitoring of the 
election, permitted free assembly and association during the campaign 
period, and generally refrained from attempting to influence the 
electoral outcome. The new Parliament (DPR) and the new People's 
Consultative Assembly (MPR) were installed on October 1, replacing the 
former DPR, which was elected in 1997, and the former MPR, which 
elected Habibie as President in March 1998. In accordance with 
constitutional procedures, the new MPR elected, in a transparent 
balloting procedure, Wahid as President, and Megawati Soekarnoputri as 
Vice President on October 20 and 21, respectively. The Constitution 
provides for an independent judiciary; however, it remains subordinated 
to the executive and suffers from pervasive corruption.
    On January 27, the Habibie Government announced its willingness to 
consider broad-based autonomy or independence for East Timor, paving 
the way for a United Nations-sponsored agreement concluded between 
Indonesia and Portugal on May 5. The agreement provided for the holding 
of a popular consultation on this issue in East Timor, under the 
supervision of the U.N. Following the agreement, the U.N. Mission in 
East Timor (UNAMET) was established in order to oversee the preparatory 
arrangements leading to, and implementation of, the popular ballot. In 
the months prior to the consultation, the uncertain security situation 
in East Timor compelled the U.N. Secretary General to postpone the 
ballot three times. The ballot took place on August 30. While armed 
forces-backed militia groups sought to intimidate the population into 
voting for autonomy (and, in effect, against independence), or to 
prevent them from voting at all, some 98 percent of registered voters 
cast their ballots, and 78.5 percent of the voters opposed the autonomy 
proposal. In early September, the U.N. Secretary General Kofi Annan 
declared that the ballot results were ``an accurate reflection of the 
views of the East Timorese people,'' and in October the MPR approved 
revocation of the 1978 MPR decree that annexed East Timor, clearing the 
way for the U.N. Transitional Authority in East Timor (UNTAET). On 
October 25, UNTAET became responsible for maintaining a police and 
military apparatus in East Timor during the later part of the year.
    The 275,000-member armed forces (TNI, formerly named ABRI) were 
placed under a civilian defense minister for the first time in 40 years 
and took initial steps to reduce gradually the military's political and 
social role and powers, heretofore exercised under the ``dual 
function'' doctrine. However, numerous problems still remain in many 
areas. The national police force of 175,000 members was separated 
formally from the armed forces and given primary responsibility for 
internal security, although the police remain under the supervision of 
the Minister of Defense. The separation was intended to reorient the 
military away from an internal security role and toward an external 
defense role. Nonetheless, the armed forces retain broad nonmilitary 
powers and an internal security role, and are not fully accountable to 
civilian authority. Both the TNI and the police committed numerous 
serious human rights abuses throughout the year.
    The country's severe economic crisis that began in July 1997, eased 
somewhat, but its negative effects continued to be felt. Annual per 
capita gross domestic product among the population of 211 million is 
$690. The urban poor and middle class on heavily populated Java and 
Bali suffered a significant drop in living standards, caused in part by 
a wholesale shift in employment from the better paid formal sector to 
the less secure informal sector. Income and living standards improved 
for segments of the population in less populated, natural resource-rich 
Kalimantan, Sulawesi, Sumatra, and Irian Jaya. The uneven distribution 
of wealth and political power, in turn, exacerbated center-periphery 
tensions and intensified demands for greater regional autonomy. The 
Government has responded with plans for greater political and economic 
decentralization and for revenue sharing with the provinces.
    The Habibie Government committed serious human rights abuses; while 
there was significant progress in institutionalizing democracy during 
the year, serious problems remained under the Wahid Government, 
although overall abuses decreased markedly. Security forces continued 
to commit extrajudicial killings. Elements of the security forces and 
prointegration militias, armed and largely supported by the military, 
were responsible for numerous extrajudicial killings in East Timor in 
the early months of the year. In April military-backed militias 
attacked displaced persons in a church in Liquica, killing at least 25 
persons. Also in April, militias attacked the Dili home of 
proindependence activist Manuel Carrascalao, killing his son and many 
others. Prointegration militias in Suai also carried out numerous 
extrajudicial killings during the preconsultation period. In September 
at least many hundreds of persons were killed in a wave of violence and 
destruction after the announcement of the proindependence vote. Priests 
and displaced persons were massacred at a church in Suai and up to 60 
civilians were killed in a single attack by militias and security 
forces in Oekussi. In November the Indonesian Commission Investigating 
Human Rights Violations in East Timor discovered a mass grave 
containing the bodies of 26 victims of the Suai killings, and the 
commission concluded that TNI personnel were directly and indirectly 
involved in this and other extrajudicial killings carried out following 
the consultation vote. There was evidence that many key militia members 
were, in fact, TNI intelligence personnel. There were numerous reports 
of disappearances in East Timor and from refugee camps in West Timor 
following the flight of over 250,000 East Timorese civilians in 
September. Mau Hodu, a prominent Timorese National Resistance Council 
(CNRT) activist, disappeared in West Timor in September. Human rights 
violations in East Timor by security forces and military-backed 
militias against proindependence supporters included: Summary 
executions, massacres, massive deportation, attacks on women and 
children, houses and buildings besieged and destroyed, attacks and 
burnings of property belonging to international organizations and to 
the Catholic Church, and an attack on the only functioning medical 
clinic in Dili. More than 250 bodies were found in Dili and other 
areas. An International Commission of Inquiry, as well as an 
investigative commission established by the Indonesian Human Rights 
Commission (KPP), were set up to investigate reports of widespread 
killings.
    In Aceh the military forces and national police committed numerous 
extrajudicial killings and used excessive force to quell separatist 
movements. Military forces sometimes resorted to force in order to 
disrupt peaceful demonstrations. TNI personnel often responded with 
indiscriminate violence after physical attacks on soldiers. There 
continued to be crediblereports of the disappearance of dozens of 
civilians, many of whom are believed to have been associated with 
separatist activities.
    Security forces also were responsible for numerous instances of 
indiscriminate shooting of civilians, torture, rape, beatings and other 
abuse, and arbitrary detention in Jakarta, Irian Jaya, Maluku, and 
elsewhere in the country. Rapes by security forces continued to be a 
widespread problem throughout many of these areas, and security forces 
systematically employed arbitrary arrest and detention without trial in 
Aceh. Prison conditions are harsh. Most instances of excessive force by 
the military and police during the year went unpunished; however, a 
military officer and several enlisted personnel received jail sentences 
for the deaths of four detainees. In response to ongoing abuses, a 
joint civilian-military court is pursuing several cases involving 
military officers. Despite initial steps toward reform, the judiciary 
remains subordinate to the executive, suffers from corruption, and does 
not always ensure due process. Security forces infringed on citizens' 
privacy rights. Government respect for freedom of speech and press 
continued to improve; however, the military tightly controlled news 
about East Timor and journalists continued to suffer intimidation and 
assaults. The Government legally provides for religious freedom for 
five designated religions; unrecognized religions are subject to 
restrictions. The Government continued to restrict freedom of movement 
to a limited extent. Thousands of Acehnese residents fled their 
villages during various security crackdowns against separatist groups. 
The military and prointegration militia also forced the relocation of 
thousands of persons. The Government places significant controls on 
freedom of assembly and forcibly disrupted many demonstrations 
throughout the year. Both the Habibie and Wahid administrations placed 
significantly fewer controls on freedom of association than did the 
Soeharto administration.
    Domestic human rights organizations continued to play a significant 
and increasing role in advocating improved human rights conditions; 
however, the authorities continued to subject some nongovernmental 
organizations (NGO's) to monitoring and interference. Violence and 
discrimination against women are endemic problems. Child abuse and 
child prostitution are problems, and female genital mutilation (FGM) 
persists in some areas. Discrimination against the disabled, the 
indigenous, and religious and ethnic minorities also are endemic 
problems. Violence between indigenous groups and transmigrants broke 
out in the spring. Interreligious violence and violence against ethnic 
minorities continued. Attacks against houses of worship continued, and 
the lack of an effective government response to punish perpetrators and 
prevent further attacks led to allegations of official complicity in 
some of the incidents.
    During the year the Government ratified several International Labor 
Organization (ILO) conventions, revised the registration law, and 
allowed new trade unions to form and operate. Nonetheless, enforcement 
of labor standards remained inconsistent and weak in some areas. 
Millions of children work, often under poor conditions. Forced and 
bonded child labor remained a problem, although the Government took 
steps during the year to remove children from fishing platforms where 
bonded child labor most commonly occurs. Trafficking of persons in and 
from the country is a problem. Vigilante action and mob violence 
resulted in the death of over 130 suspected criminals. A large number 
of suspected practitioners of black magic also were killed.
    In East Timor, proindependence groups committed serious abuses, 
including killings of security personnel. In Aceh dozens of low-level 
civil servants, police, and military personnel were murdered and 
abducted over the course of the year. It generally is believed that 
separatists carried out many of these, and other, killings. In Irian 
Jaya armed insurgents also committed killings and kidnapings.
    Throughout the year--and in marked contrast to the previous year--
there was a general improvement in the institutionalization of human 
rights protections. By year's end, national commissions of inquiry, the 
new Attorney General, and the military actively were pursuing 
investigations and trials of military officers for abuses. Under a law 
passed in August, the judiciary formally was separated from the 
executive branch. The Wahid Government appointed a forceful, respected 
Attorney General and, for the first time, a State Minister for Human 
Rights.
    In April the Parliament repealed the 1963 Anti-Subversion Law, 
although it subsequently incorporated six crimes specified in that law 
into the Criminal Code. Parliament also enacted a law on human rights 
designed to strengthen protection of individual rights and the role of 
the National Human Rights Commission (KOMNASHAM), and a new press law 
that repealed older laws viewed as being more restrictive of press 
freedom.
    In October the MPR amended the 1945 Constitution for the first 
time, limiting presidential powers and imposing a two-term limit on the 
President and Vice President. The MPR also created a working group to 
study further constitutional amendments to be considered during the 
August 2000 MPR session. In March the Habibie Government freed 52 
political prisoners (with some restrictions), including labor leader 
Dita Indah Sari in July, and in September East Timorese leader Xanana 
Gusmao. In December the Wahid Government freed all known remaining 
political prisoners from the Soeharto era, a total of 196 persons.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Historically, 
politically related extrajudicial killings have occurred most 
frequently in areas where separatist movements were active, such as 
East Timor, Aceh, and Irian Jaya, and security forces continued to 
employ harsh measures against separatist movements in these areas. In 
addition security forces killed unarmed student demonstrators, and 
there also were numerous instances of reported extrajudicial killings 
by security forces in cases involving alleged common criminal activity.
    Elements of the security forces and prointegration militias, armed 
and largely supported by the military, were responsible for numerous 
extrajudicial killings in East Timor in the early months of the year. 
Numerous credible reports indicate that over the course of many months 
the security forces distributed hundreds of guns, as well as sharp 
sticks and knives, to groups such as ``Mahidi'' (Live and Die for 
Integration), ``Besi Merah Putih'' (Red and White Iron) and 
``Halilintar'' (Thunder) in Ainaro, Liquica, Maubara and other towns 
throughout East Timor. In the Dili area, TNI and local officials 
supported the ``Aitarak'' militia. It is widely alleged that the 
military, at senior levels, is responsible for mobilizing, paying, 
arming, and at times protecting militia groups, which moved their 
operations to West Timor after September. The Habibie Government 
asserted that it was arming some civilians for their own protection--
that the prointegration groups were given arms only after they were 
threatened or attacked by guerrillas and proreferendum forces. However, 
church, NGO, and independent observers strongly maintained that in most 
cases those given arms were not traditional, established prointegration 
supporters threatened by guerrillas but uneducated, unemployed men who 
were organized, paid, and provided arms for the purpose of sowing 
terror and instability. In early June, the Government officially 
designated East Timorese prointegration militias as ``Pamswarkarsa'' 
(civilian self-defense) units, thereby, providing the groups with 
greater legitimacy and helping to preserve them.
    In East Timor security forces and government-backed militia groups 
killed numerous persons during ongoing sweeps aimed at ``arresting'' 
young males (see Sections 1.c., 1.d., and 2.d.). For example, credible 
reports indicate that security forces killed 11 persons in Alas in 
January. ``Mahidi'' militia members shot and killed four civilians, 
including a pregnant woman, on January 24 and 25. Violence erupted in 
Suai following these incidents, causing 300 to 500 residents from 3 
villages outside Suai to flee. Witnesses allege that military personnel 
stood aside and allowed armed pro-Government civilians to fight 
referendum supporters, resulting in at least 22 deaths, and leading 
approximately 1,000 women, children, and old men to take refuge in a 
local church (see Section 2.d.). According to reliable NGO's, the 
typical pattern in such incidents was for militias, recently armed by 
the security forces, to provoke conflict to which regular military 
forces then responded. Military personnel in civilian clothes shot and 
killed two persons in Dili on February 24; a soldier also was killed.
    Besi Merah Putih militia members, operating in tandem with local 
security forces, killed at least five persons on April 5 during clashes 
with local proindependence residents in Liquica, East Timor (see 
Section 1.c.). The next day, the militias attacked unarmed displaced 
persons in a church in Liquica. While the death toll remains uncertain, 
most credible observers, including the Indonesian Investigative 
Commission (KPP-HAM), which was established by the Indonesian Human 
Rights Commission (see Section 4), concluded that at least 25 persons 
died in this attack. It is widely believed that TNI personnel played a 
role in the assault on the church; at a minimum, they took no action to 
halt the attack. Local security authorities subsequently removed all 
evidence of the attack on the Liquica church compound and replastered 
and repainted the areas in question.
    On April 13, following an incident the previous day in which 
suspected Falintil elements killed two soldiers and a civilian in an 
attack on a military vehicle, Halilintar militia and national troops 
executed six civilians in Cailaco, new Maliana.
    With the clear support of local authorities, prointegration 
militias rallied in Dili on April 17, calling for the cleansing of the 
civil service of proindependence personnel and the expulsion from East 
Timor of lighter skinned ``mestizos.'' Afterwards, hundreds of 
participating militias went on a rampage, attacking the home of 
proindependence activist Manuel Carrascalao, where they killed at least 
15 persons (according to KPP-HAM), including Carrascalao's son. On 
April 21, attacks by militias and security forces at Bazartete and Hera 
left at least eight more civilians dead. There also were reports of 
violence and intimidation against proindependence East Timorese in the 
Los Palos area, leading students to flee to the hills (see Section 
2.d.).
    Militia and security forces mounted an operation against East 
Timorese independence supporters in the Viqueque area from April 30 to 
May 1, primarily targeting civil servants and traditional leaders. CNRT 
and other sources reported two persons killed on April 30 at Dilor, 
west of Viqueque. According to a report issued by the Baucau branch of 
the Catholic Church Peace and Justice Commission, KOPASSUS (Military 
Special Forces) personnel and the ``59-75'' militia killed two 
civilians on May 3-4 in Viqueque, and arrested and beat several other 
persons (see Sections 1.c. and 1.d.). The UNAMET office in Dili issued 
a statement on May 17 reporting the killing of at least 5 persons by 
the ``Tim Pancasila'' militia in Antara village, Atsabae district. In 
June an explosive device of unknown origin killed three children 
playing in a field near Becora, just outside central Dili.
    The September 4 announcement of the results (an overwhelming vote 
for independence) of the August 30 consultation vote set off waves of 
violence, destruction, and looting of property. While the overall death 
toll remains unclear, most current estimates fall in the 1,000 to 2,000 
range (see Sections 1.c. and 3). Tensions had grown in previous weeks, 
as prointegration leaders, militia commanders, and some military 
officers and government officials threatened that widespread violence 
would be unleashed if the vote went against autonomy. Police repeatedly 
failed to prevent truckloads of armed militia groups from entering 
Dili, to react to threats against UNAMET, and to stop violence against 
civilians and restore order in Dili. For example, police in riot gear 
stood by as local militia destroyed the CNRT office on August 26, and 
took no action when weapons were pointed at UNAMET staff. On August 30, 
UNAMET local employee Joel Lopes Gomes was killed as he walked home 
from a polling station in Atsabe, Ermera district.
    There were numerous eyewitness accounts of troops and police 
joining militias that fired weapons against departing UNAMET personnel. 
Among the more prominent post-vote incidents was the September 6 
massacre of priests and displaced persons at a church in Suai. The 
Indonesian Investigative Commission concluded that at least 50 persons 
died in this assault, which was carried out by ``Laksaur'' militia and 
elements of the security forces. On September 4, militia and security 
force personnel carried out numerous killings during the destruction of 
Maliana. Victims included East Timorese UNAMET employees and displaced 
persons taking refuge in the police station. On September 26, members 
of the ``Team Alfa'' paramilitary force attacked a humanitarian convoy 
near Los Palos, killing eight persons, including Catholic nuns, 
religious workers, and an Indonesian journalist. Dutch journalist 
Sander Thoenes was killed in Dili on September 21 by assailants 
believed to be members of Indonesian Military Battalion 745.
    In September, following what was in part a forced exodus of more 
than 200,000 East Timorese, there were reports that militia groups were 
searching ships departing Dili and the refugee camps in West Timor for 
proindependence activists, resulting in killings and disappearances. 
Following the entry of the U.N. Security Council-authorized 
multinational force (INTERFET), numerous bodies and gravesites were 
found in and around Dili, Liquica, Suai, Maliana, and in Oeukussi/
Ambeno enclave. In November a KPP-HAM team discovered, just over the 
border in West Timor, a mass grave containing the bodies of 26 victims 
of the Suai killings. At year's end, Indonesian and international 
investigations continued.
    In Aceh the military forces and national police committed numerous 
extrajudicial killings and used excessive force to quell separatist 
movements. On January 3, TNI forces shot and killed 5 civilians and 
wounded 25 others in a raid on Kandang village, just outside of 
Lhokseumawe; TNI forces also shot and killed 6 civilians in nearby 
Simpang Muliong village, and wounded 6 others. According to NGO's and 
press reports, on January 9, the military raided several villages 
around Lhokseumawe in an apparent attempt to capture Achmad Kandang, 
the suspected leader of the Aceh separatist organization, Aceh Merdeka 
(Free Aceh). The military detained 37 to 40 persons from rural villages 
and then brought them back to Lhokseumawe (see Section 1.d.). The 
military confirmed that the four persons were killed as a result of 
beatings and torture administered by TNI personnel. Twenty-five other 
detainees werebeaten severely (see Section 1.c.). A military officer 
and several enlisted personnel later received 6-year jail sentences for 
the deaths of the four detainees; however, there were numerous other 
instances of excessive force by the military and police during the year 
that went unpunished.
    According to numerous reports, on February 3, in Idi Cut, East Aceh 
military troops opened fire on a ``religious'' gathering (some of those 
assembled gave proindependence speeches) of at least 5,000 persons 
after issuing an order for them to disperse, killing at least 7 
demonstrators; however, the exact series of events remain unclear and 
some NGO's continue to allege that several dozen persons were killed or 
are missing (see Sections 1.b. and 2.b.). TNI troops reportedly later 
dumped the victims' bodies in a nearby river. On May 3, troops opened 
fire on unarmed demonstrators in Krueng Geukeh, north of Lhokseumawe, 
Aceh, killing at least 40 persons and wounding over 100 more. Many of 
the dead and wounded persons were shot in the back. No one has yet been 
tried or punished for involvement in the February Idi Cut incident or 
the Krung Geukeuh (May 3) incident. The Government-sanctioned 
Independent Commission on Violence in Aceh included both incidents in 
their list of five recent Aceh human rights cases for which TNI 
personnel should be prosecuted. President Wahid was quoted as telling 
journalists that the July 23 incident should be thoroughly 
investigated. The Independent Commission produced a list of TNI 
personnel (none above the rank of lieutenant colonel) who should be 
prosecuted for their involvement in the case.
    On June 12, security forces shot and killed five civilians, 
including two boys, in Aceh. On July 12, security forces opened fire on 
a vehicle that declined to stop at a checkpoint in Simpang Alue, East 
Aceh; three riders were killed and a fourth person was injured. A 
military spokesman stated that the victims were members of Aceh 
Merdeka. Also on July 12, security forces killed at least four Acehnese 
during a conflict along the Takengon-Bireun road in central Aceh. On 
July 23 to 24, the military killed at least 50 Acehnese civilians in 
the area around Beutong Ateuh, West Aceh. Military spokesmen claimed 
that the deaths were the result of an exchange of fire between the 
troops and armed separatist rebels, although no military personnel were 
injured. Credible human rights monitors described the incident as an 
unprovoked massacre of unarmed civilians. At the instigation of the new 
Attorney General, the Wahid Government ordered a full investigation of 
military culpability in this incident. On August 5, the military killed 
nine separatists during a raid in Keumala, Aceh. Also on August 5, a 
72-year-old woman was shot and killed in Triengadding, Pidie, Aceh; the 
circumstances remain unknown.
    On December 4, the anniversary of separatist leader Hasan Di Tiro's 
1976 Declaration of Acehnese Independence, police forces injured at 
least 11 civilians during clashes, 5 with gunshots in Sigli. In a 
separate incident, TNI forces allegedly shot a youth in Lhokseumawe 
after he raised a separatist flag (see Section 2.a.). According to 
credible reports, as many as four persons were killed and dozens 
injured the weekend of December 4-5. Numerous persons also were 
arrested and beaten (see Sections 1.c. and 1.d.). Security forces 
killed over 12 civilians during December; while some victims allegedly 
were armed separatists, most apparently were caught in a crossfire or, 
more often, were victims of arbitrary violence.
    In an unprecedented procedure, in Aceh a joint civilian-military 
court (a five judge panel, three civilian, two from the military police 
dubbed the ``connectivity court'') is pursuing Aceh human rights cases 
involving military officers. These five incidents involve widespread 
human rights abuses committed by TNI from 1989-98, when Aceh was 
designated a ``Military Operations Area'' (DOM), as well as for more 
recent abuses. The first case heard by the court involved the trial of 
8 persons for the July massacre by TNI troops of at least 51 civilians 
in West Aceh; however, no one above the rank of lieutenant colonel was 
to be tried.
    In Irian Jaya police shot and killed at least one person involved 
in a proindependence demonstration in Sorong in July and one person 
involved in a melee at Manokwari port in September. In separate 
incidents, soldiers shot two youths in Jayapura in June and July. One 
soldier was sentenced to 5 years' imprisonment for the June killing; 
three were detained in connection with the July incident. On March 28, 
Obed Badii, an Irianese lecturer at a Catholic theological school in 
Jayapura, died in police detention. Police blamed his death on 
intoxication, a claim that was disputed by the victim's family and 
NGO's. In May one person died under suspicious circumstances in police 
custody in Manokwari, Irian Jaya. In July the Irian Jaya Catholic 
Diocese, the Evangelical Christian Church, the Indonesian Bible Camp 
Church, and the Institute for Human Rights Study and Advocacy called 
for an independent international investigation into the July 1998 
killing of persons when security forces broke up a proindependence 
demonstration in Biak. These organizations stated that their 
investigation revealed that at least eight persons died at thehands of 
security forces during the incident; the Irian Jaya military command 
has acknowledged that one person was shot and killed. A National Human 
Rights Commission team visited Irian Jaya in August for a followup 
investigation of the Biak incident, and recommended that President 
Habibie establish an independent team to investigate the incident. The 
Government did not act on this recommendation by year's end. Police 
injured more than 50 persons while breaking up a separatist 
demonstration in Timika, Irian Jaya on December 2. One person died 
later the same day as a result of injuries sustained in the melee 
caused by the police action (see Sections 1.c., 2.b., and 5).
    Security forces in the Maluku island chain, especially the 
centrally located island of Ambon, reportedly are responsible for at 
least some of the shooting deaths that occurred during riots and 
communal clashes since January (see Sections 2.c. and 5). The nature of 
military and police engagement in these clashes is twofold. In some 
cases, troops facing a riot or armed clash between religion-based gangs 
used live ammunition in an attempt to quell violent unrest. However, in 
other cases, numerous and diverse witnesses have observed elements of 
the security forces siding with one side or the other. The motivation 
for this intervention appears to be religious; i.e., troops who are 
Muslim or Christian assist gangs of the same religion. In some cases, 
this intervention has resulted in soldiers fighting soldiers.
    The police and military on several occasions used deadly force to 
disperse demonstrators. On September 23-24, in the vicinity of Atma 
Jaya University, security forces reportedly shot and killed nine 
persons during large-scale, student-led demonstrations in Jakarta 
protesting the passage of a new security law (see Sections 1.c. and 
2.b.). Although demonstrators threw rocks, large chunks of wood, and 
Molotov cocktails at them, security forces showed restraint in the 
early stages of these demonstrations; however, they resorted to 
firearms, including live ammunition, later on. After most demonstrators 
had dispersed, security forces in a passing convoy of trucks fired 
indiscriminately at persons along the roadside, killing a student and a 
bystander. Several others were injured seriously by the security 
forces' indiscriminate fire. One police officer was killed during the 
demonstrations when hit (apparently deliberately) by a car. On 
September 27, security forces shot and killed two students in Lampung 
who were involved in a demonstration protesting the killing of 
demonstrators in Jakarta 3 days earlier.
    The police often employed deadly force in apprehending suspects or 
coping with alleged criminals, many of whom were unarmed. In response 
to protests that the methods used were unjustifiably harsh and amounted 
to execution without trial, police generally claimed that the suspects 
were fleeing, resisting arrest, or threatening the police. Complete 
statistics about the number of these cases have not been released, but 
the press reported that police killed 13 suspected criminals during the 
first 3 months of the year.
    In the past, the military or police rarely were held accountable 
for using excessive force. In October a court in Yogyakarta, Central 
Java, ordered the police to pay civil damages to the family of a 
student, Mozes Gatotkaca, whom police beat to death during student 
demonstrations in May 1998. However, no police officers have been 
investigated in connection with this case.
    The domestic press reported in June that forensic ballistic experts 
in Canada had determined that two bullets taken from the bodies of two 
students killed at Trisakti University in May 1998 were fired from SS-1 
and Steyr rifles. The SS-1 is issued to both police and military units; 
the Steyr is issued only to elite forces within the Police Mobile 
Brigade. Aside from two police officers who were court-martialed in 
August 1998 for shooting into the crowd of demonstrators at Trisakti, 
no other security force personnel have been tried in connection with 
this case.
    There were no new developments during the year in the following 
cases in which security forces committed extrajudicial killings: The 
shooting deaths of at least nine demonstrators at Atma Jaya University 
in November 1998; the five cases of alleged human rights violations in 
Irian Jaya involving the death of Irianese civilians, which were cited 
in a 1995 report by the National Human Rights Commission; and the 1993 
murder of labor activist Marsinah. In July 1998, East Java police 
resumed the investigation, questioning old and new witnesses, after 
NGO's and labor groups called for a fresh effort to solve the Marsinah 
case. In June the International Labor Organization's (ILO) Committee on 
Freedom of Association called on the Government to ``institute without 
delay an independent judicial inquiry into the homicide . . . so as to 
identify and punish the guilty parties.''
    In Jakarta hospital sources reported that during the year 132 
persons accused of committing crimes (usually theft or responsibility 
for vehicular accidents) were killed by mobs ofpersons who took the law 
into their own hands on the scene of the alleged crimes. Hospital 
personnel asserted that this was a significant increase over previous 
years.
    In West Java unidentified persons killed suspected practitioners of 
black magic during the first 5 months of the year (see Section 5). West 
Java police announced in May that 37 persons were killed, but the 
independent Commission for Missing Persons and Victims of Violence 
(KONTRAS) stated that at least 57 persons were killed. KONTRAS also 
charged that relatives of victims were threatened and placed under 
surveillance by unknown persons.
    In Maluku intercommunal warfare along religious lines (Christian 
and Muslim) throughout the year claimed well over 1,000 lives. 
Approximately equal numbers of Christians and Muslims are believed to 
have died or suffered injuries during the fighting. One of the major 
factors contributing to the continuation of violence in these once-
peaceful islands is that the perpetrators of violence have not been 
brought to justice (see Sections 2.c. and 5).
    In Sambas, West Kalimantan, more than 200 persons died in fighting 
between ethnic Dayak and Melayu groups on one side and ethnic Madurese 
(originally from the island of Madura near Java) on the other between 
February and April. Most of the dead persons were reported to be 
Madurese. An estimated 30,000 Madurese fled their homes to safe havens 
elsewhere, including approximately 7,000 who returned to Madura (see 
Section 2.d.).
    In East Timor, abuses by proindependence groups also were reported. 
On April 30, authorities brought journalists to Ermera to view the 
bodies of what they claimed were 11 members of the Red and White 
militia group who were killed in late February, allegedly by 
independence supporters. In April, following violence in Liquica and 
Dili, then-imprisoned CNRT activist Xanana Gusmao gave the green light 
to his supporters to ``defend themselves'' from attacks by the 
prointegration forces. He subsequently retracted this statement and 
renewed his previous instructions for his followers to refrain from 
violence. On April 12, following the execution of six proindependence 
civilians at Cailaco militia and security personnel, a military vehicle 
was attacked in the same area, reportedly by Falintil forces. Two 
soldiers and one civilian were killed. According to prointegration and 
government sources, proindependence forces ambushed and killed three 
East Timorese members of the Indonesian military at Lototoe on May 17. 
With the above-mentioned exceptions, independent observers, including 
Indonesian and international investigative commissions, were unable to 
verify claims by the Government that proindependence forces had carried 
out 30 violent acts following a cease-fire agreement of April 21.
    In Aceh dozens of low-level civil servants, police, and military 
personnel were murdered over the course of the year. Two persons, a 
sergeant and a local official, were shot and killed on March 11 in Cut 
Nibong village, in the Kota Makmur district. On May 25, 4 persons were 
killed and 12 persons were wounded when a security forces' truck was 
ambushed in Pidie district, North Aceh. On May 29, nine military 
personnel were killed on an army patrol near Meulaboh, West Aceh. The 
security forces were responding to an attack the previous day that 
killed two persons. The Aceh Merdeka movement later claimed 
responsibility. During the national election period, a soldier was shot 
and killed as he guarded a polling station in West Aceh on June 7 (see 
Section 3). Two soldiers and one civilian were kidnaped and killed in 
Idi Cut on June 9. On June 11, separatists attacked a TNI truck in West 
Aceh, killing two persons and wounding six others. Separatists killed 
at least five TNI members on July 19. On August 5, in Kandang, a police 
officer disappeared and later was found dead. On August 27, in Pidie, a 
TNI soldier was shot and killed. On October 12, at least three TNI 
personnel were killed. On December 7, an unidentified person stabbed 
two soldiers, one fatally, in Pereulak, East Aceh. On December 9, a 
member of a police mobile brigade was shot and killed while eating a 
predawn (Ramadan) meal with his family in North Aceh (see Section 
1.c.). In December at least 10 security force personnel were killed. 
Throughout many of these incidents, a great number of the victims were 
killed not in the course of an armed exchange with separatists, but as 
they shopped for food or commuted to or from work. It generally is 
believed that separatists carried out many of these, and other, 
killings. Armed separatist groups also allegedly carried out a number 
of attacks and ambushes against security forces, killing at least 30 
persons and wounding dozens more. Some separatists allege that the TNI 
generates some violence in order to stoke unrest and create a pretext 
for increased use of force; however, such allegations remain 
unconfirmed.
    In Irian Jaya armed insurgents of the Free Papua Movement (OPM) 
killed 4 persons and kidnaped 11 others from a plantation near Arso in 
May.
    b. Disappearance.--There were many reports of disappearances in 
East Timor prior to the consultation vote, when kidnapings of 
proindependence activists were common. During the April 17 attack on 
Manuel Carrascalao's house in Dili, over 100 displaced persons at the 
scene were taken away by militias and it was unclear how many of these 
persons eventually were accounted for (see Sections 1.a. and 2.d.). 
Proindependence groups claim that on May 5, the Aitarak militia group 
abducted Mateus Da Silva, a local CNRT leader in Dili. According to 
Amnesty International, police detained two CNRT personnel, Kama Motan 
and Herikera, in Alieu and brought them to the provincial police 
headquarters in Dili on or about May 21. The police claim neither to 
have received the two persons nor to know their whereabouts.
    There were numerous reports of abductions and disappearances in 
East Timor, and from refugee camps in West Timor following the flight 
and forced relocation of over 250,000 East Timorese civilians in 
September (see Section 2.d.). On November 1, the KPP-HAM issued a 
preliminary report describing systematic abuses in West Timor, 
including kidnapings by militias. For example, the report described 
sweeping operations by militias that entered churches to search for 
students and proindependence activists. It cited a case in which 
militias kidnaped a priest and two students in mid-October in the 
Kefamenanu area. At year's end, the persons' whereabouts remained 
unknown (see Sections 1.c., 1.d., 2.a., 2.c., 4, 5, and 6.f.). Dozens 
of East Timorese prisoners, including political prisoners, previously 
held in Becora prison in Dili reportedly were taken to West Timor in 
September and remain unaccounted for. Mau Hodu, a prominent CNRT 
activist, was abducted and disappeared in West Timor in September. It 
is believed that he later was killed.
    In Aceh there continued to be credible reports of the disappearance 
of dozens of civilians. NGO's believe that TNI troops killed numerous 
persons who disappeared during the February confrontation in Idi Cut 
(see Section 1.a.). Many persons who disappeared are thought to have 
been associated with separatist activities. NGO's allege that TNI 
forces or police personnel killed many of these persons. Some victims 
are believed to have been killed by militia groups due to armed 
separatist group suspicions that they were collaborators or informants 
of the security forces. There are no reported accounts as to why other 
persons may have disappeared.
    The 12 persons who disappeared during 1997-98 and were feared to 
have been killed by their abductors, were still unaccounted for. In 
April a military court handed down sentences of 12 to 22 months' 
imprisonment to 11 officers (none higher than major) and 
noncommissioned officers from the special forces for their alleged 
involvement in the abductions of 9 student and NGO activists kidnaped 
in early 1998 and later released. The trial did not address the 
possible killing of 1 abductee and the fact that at least 12 others 
still are missing.
    The July report by three church groups and an NGO on the 
investigation into the July 1998 killing of persons when security 
forces broke up a proindependence demonstration in Biak (see Section 
1.a.) noted that there had been no progress in identifying the remains 
or cause of death of 32 ``mysterious'' bodies found floating around 
Biak after the incident.
    The National Human Rights Commission continued to list 16 persons 
missing from the government-backed, violent takeover of Indonesian 
Democratic Party (PDI) headquarters in 1996.
    There were no significant efforts by the Government to account for 
the missing and dead persons from the 1991 military shooting of 
civilians in Dili. No additional cases were resolved during the year. 
Knowledgeable observers continued to believe that most of the persons 
missing are dead and that members of the armed forces know where their 
bodies are located.
    In East Timor, there were numerous reports of abductions and 
murders of police and TNI personnel, allegedly at the hands of 
separatists.
    In Aceh there were reports of police abductions, allegedly at the 
hands of separatist groups.
    In Irian Jaya armed insurgents of the Free Papua Organization (OPM) 
kidnapped 11 persons from a plantation near Arso on May 5. They were 
freed on May 31. On July 6, a group of armed men abducted six employees 
of the district forestry office on a survey in Arso subdistrict. Press 
reports stated that the abductors were suspected of being OPM members. 
At year's end, the fate of the hostages remained unknown.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--TheCriminal Code makes it a crime punishable by up to 4 
years in prison for any official to use violence or force to elicit a 
confession; however, in practice, legal protections are both inadequate 
and widely ignored, and security forces continued to employ torture and 
other forms of mistreatment, particularly in regions where there were 
active security concerns, such as Aceh, Irian Jaya, and East Timor. 
Police often resort to physical abuse, even in minor incidents.
    In East Timor the Government organized and directed prointegration 
militias engaged in extensive torture, and intimidation directed 
against proindependence activists and ordinary citizens. Regular 
security forces and East Timorese paramilitary forces integrated into 
the TNI structure also perpetrated many such abuses. For example, 
militia groups and security forces routinely fired into neighborhoods 
in Dili at night for purposes of intimidation, and carried out 
killings. The militia group Besi Merah Putih, joined by the police 
auxiliary Kamra and Hansip (local guards), searched for proindependence 
figures in Dili, usually at night. Such militia-led searches were 
common throughout East Timor (see Sections 1.a., 1.b., 1.d., and 2.d.). 
On May 5, prointegrationist militia forces surrounded the home of East 
Timorese human rights activist Aniceto Guterres and threatened to kill 
him. This attack followed a presentation by Guterres earlier that day 
at a KOMNASHAM (National Human Rights Commission)-sponsored peace 
commission talk at which he reportedly severely criticized the 
militias. Proindependence supporters maintain that Eurico Guterres' 
``Aitarak'' militia continually pressured residents of Dili to sign 
pledges of support for integration, threatening that any who refused to 
sign would be taken away during the night. Reliable witnesses observed 
Aitarak militia destroying and rampaging through houses in the Metiaut 
district of Dili late May 16, and it also is alleged that, in a 
separate incident that same day, the Aitarak militia attacked and 
burned the house of a Joao Almeida, a CNRT activist, in the Bidau 
section of Dili. According to reliable sources, 20 to 30 percent of the 
houses along the road from Dili to Maubara were burned or destroyed as 
of late May. Such destruction occurred in many other areas of the 
province. Homes in Northwestern Bobonaro and Southwestern Kovalima were 
burned or abondoned.
    Despite a reported shortage of medical care in East Timor, in March 
the Health Ministry rejected an Australian proposal to send a medical 
team, insisting that the country had plenty of available staff and that 
it would send its own medical team.
    The ICRC initially also was not permitted to send surgeons and 
other medical staff, and ICRC physicians later brought into East Timor 
on May 15 were not allowed to begin work. Despite the Government's 
promises to provide medical care, it withdrew most of the government 
doctors and closed most medical facilities during the preconsultation 
periods. While the Dili hospital remained open throughout the 
preconsultation period, toward the end there were no doctors, few 
nurses, and no patients. However, in many cases, despite a formal 
prohibition on their practicing, a number of foreign doctors continued 
to operate quietly in East Timor throughout the preconsultation period. 
In September following the overwhelming proindependence victory in the 
August ``consultation'' vote, armed forces and militia groups attacked 
hundreds of persons in a wave of violence; as a result, numerous 
persons were killed, disappeared, tortured, harassed, and displaced 
(see Sections 1.a., 1.b., 2.d., and 3). The large-scale looting and 
burning of churches, houses (including Bishop Belo's home, on September 
6), and ICRC, and other office compounds, also continued (see Sections 
3 and 4). Numerous UNAMET vehicles and other UNAMET assets throughout 
East Timor were damaged, destroyed, or stolen.
    In Aceh the Government sometimes violently has suppressed active 
separatist movements. On January 9, the military detained 37 to 40 
persons from rural villages and brought them to nearby Lhokseumawe. 
While in detention, TNI forces beat and tortured numerous persons so 
severely that four persons died, three were put in a coma, and almost 
all others were hospitalized (see Sections 1.a. and 1.d.). A military 
officer and several enlisted personnel received jail sentences for 
their involvement. During the raid, a house in Kandang village was 
burned down. NGO's alleged that the military burned down the house, 
which was owned by Achmad Kandang's parents; however, the military 
alleged that local persons burned it down due to anger at Achmad 
Kandang. A human rights NGO alleged that security forces tortured a 
person dispatched to Idi Cut to investigate the February 3 killings 
(see Section 1.a.).
    On March 26, in Banda, Aceh, security forces used tear gas, batons, 
and possibly rubber bullets to disperse thousands of students who were 
demonstrating in support of separation, threatening to ``disrupt'' a 
visit from President Habibie; as a result, 40 demonstrators were 
hospitalized.
    According to news reports, on November 2 in Tuwi Kareung, West 
Aceh, security forces indiscriminately attacked numerous civilians in 
an attempt to find the assailants who killed onesoldier and injured two 
others the previous day. TNI forces reportedly also burned 36 houses 
and arrested numerous persons (see Section 1.d.).
    On December 4, the anniversary of separatist leader Hasan Di Tiro's 
Declaration of Acehnese Independence, TNI forces arrested at least 40 
persons and some persons were beaten (see Sections 1.a. and 1.d.).
    In Aceh TNI personnel often responded with indiscriminate violence 
after physical attacks on soldiers. For example, after two soldiers 
were stabbed on December 7, in Pereulak, East Aceh, the soldiers' 
colleagues quickly took revenge by rounding up dozens of young men in 
an adjacent neighborhood and beating them, sending at least six persons 
to the hospital. After a member of a police mobile brigade was shot and 
killed on December 9 in North Aceh (see Section 1.a.), soldiers entered 
the nearby village of Pante Pisang and fired their rifles into the air 
for several hours, terrifying residents. Also in December, after a 
police mobile brigade came under fire near Lameu village, Pidie 
district, and one policeman was killed, TNI forces and police personnel 
entered the village, burned many or most of the homes, and beat a 
number of residents. There are unconfirmed allegations that the TNI was 
responsible for the original shooting of the policeman.
    In early March, in Merauke, South Irian Jaya, a policeman shot an 
Irianese youth in the head after he reportedly sought to evade a 
citation for riding on a motorcycle without a helmet. He survived after 
emergency surgery, but the shooting provoked strong public criticism. 
Police acknowledged the shooting and promised an investigation, but no 
followup is known to have been taken by year's end.
    There were numerous reports of rape and sexual abuse perpetrated 
against East Timorese women who were displaced forcibly by militia 
groups from their villages in the western districts during the earlier 
part of the year. It also was widely reported that the TNI-supported 
militias (the Aitarak) kept women as sex slaves in their Dili 
headquarters (see Sections 2.d., 5, 6.c., and 6.f.). The KPP stated 
that it received reports that the TNI and the militias raped 60 women 
in East Timor during the September wave of violence; the KPP also 
received numerous reports that the TNI-backed militias sexually abused 
women, some of whom were quite young, in the refugee camps in West 
Timor. Cases of East Timorese women allegedly raped by soldiers and 
government civilian personnel in previous years remained unresolved.
    There were unconfirmed allegations that TNI soldiers raped nine 
Acehnese women on August 19 in Kecamatan Tangse Selatan, Pidie 
district.
    In May the Robert F. Kennedy Memorial Center for Human Rights 
published a report on rape and other human rights abuses by the 
military in Irian Jaya. The report described 12 cases of sexual and 
other violence against women and girls by military personnel between 
1994 and 1998. The report calls for, among other things, an 
investigation by the Department of Justice and prosecution of the 
personnel responsible for rapes and other violence against women.
    The Government failed to follow up on the recommendations of the 
fact-finding team (which had both government and NGO representation) 
that it commissioned to investigate the civil unrest that struck 
Jakarta and other cities in May 1998. The team's report, issued in 
November 1998, found evidence that some elements of the military may 
have been involved in provoking the violence, which included attacks 
against Sino-Indonesian women, and urged further investigation of the 
matter. At least 85 instances of violence against women, including 66 
rapes during the 1998 riots were verified. However, at year's end, no 
further investigations had taken place.
    In March U.N. Special Rapporteur on Violence against Women Radhika 
Coomaraswamy released her findings from a late 1998 visit to the 
country. She found that rape and sexual violence had been ``used quite 
extensively'' by sections of the military as ``a means of intimidation 
and torture'' during the Soeharto era. This was especially prevalent in 
East Timor, Aceh, and Irian Jaya. Coomaraswamy generally was positive 
about government cooperation during her visit, although her request to 
visit Aceh and Irian Jaya was denied.
    Human rights monitors, both international and locally based, 
reported that the military continued routinely to torture detainees in 
Aceh. Methods of torture documented in the past included beating, 
whipping, electric shock, and rape.
    There were instances in which security forces responded with 
brutality to peaceful demonstrations, although they usually allowed 
entirely peaceful demonstrations to proceed without resorting to force. 
Participants in several student- or NGO-leddemonstrations in Jakarta 
and other cities suffered injuries when security forces seeking to 
disperse crowds beat and kicked demonstrators. On February 9, police 
allegedly beat 4 students for demonstrating over the Government's use 
of borrowed money at Atma Jaya Catholic University in Jakarta. At a 
March 31 antigovernment demonstration at the Defense Ministry in 
Jakarta, security forces beat students with truncheons, causing 11 
students to become hospitalized. In April police mobile brigade troops 
opened fire on farmers who occupied a plantation warehouse in Jember, 
East Java, killing 1 person and wounding 11 others. Police fired on and 
wounded or killed demonstrators on several occasions in Irian Jaya when 
they forcibly broke up demonstrations (see Sections 1.a. and 5). For 
example, on the morning of December 2, police fired rubber bullets to 
break up a proindependence demonstration in Timika, Irian Jaya, 
injuring at least 55 persons, 5 seriously (see Section 2.b.).
    Security forces often responded forcibly when demonstrators wielded 
canes, threw stones or Molotov cocktails, or tried to break through 
police lines. During a People's Democratic Party (PRD) demonstration 
outside of the National Election Headquarters in Jakarta on July 1, 
police beat demonstrators and shot rubber bullets after demonstrators 
threw stones and tried to push through police lines in front of the 
Elections Commission office. At least 37 demonstrators were 
hospitalized as a result. In September police injured numerous 
protestors who were demonstrating against the new security bill in 
Jakarta (see Sections 1.a. and 1.e.). In Jakarta from September 23 to 
24 (see Section 1.a.), security forces shot at and beat demonstrators; 
at least 16 persons suffered gunshot wounds and scores of others were 
injured. During a demonstration in downtown Jakarta on October 20, 
security forces chased demonstrators who threw Molotov cocktails at 
them into the Jakarta Hospital. They discharged tear gas into the 
hospital, injured more than 60 demonstrators and bystanders with blows 
and rubber bullets, and destroyed an estimated $350,000 (2.5 billion 
Rp) worth of hospital equipment. The Jakarta city police conducted an 
investigation into the incident, the results of which were conveyed to 
the military police detachment of the Jakarta regional command. No 
action was taken against any security forces involved in these 
incidents by the end of the year.
    Prison conditions are harsh, with mistreatment and extortion of 
inmates by guards and violence among prisoners common. The incidence of 
mistreatment drops sharply once a prisoner is transferred from police 
or military intelligence (BAIS) custody into the civilian prison system 
or into the custody of the Attorney General. Credible sources report 
that criminal prisoners in some facilities are beaten routinely and 
systematically as punishment for infractions of prison discipline and 
to extract information about developments within the prison. 
Punishments include use of electric shock batons and stapling of the 
ears, nose, and lips. Political prisoners sometimes were incarcerated 
with the general prison population. Political prisoners in the 
Cipinang, Salemba, and other prisons tend to be segregated from the 
criminal population and generally receive more humane treatment.
    The Government generally does not permit routine prison visits by 
human rights monitors. However, human rights monitors occasionally have 
been able to visit prisoners.
    Special arrangements for foreign dignitaries to visit some 
prominent political prisoners sometimes were made. Imprisoned East 
Timorese resistance leader Xanana Gusmao received a large number of 
high-level foreign visitors, was allowed to participate in meetings 
outside his detention quarters, and held frequent meetings with the 
press prior to his release on amnesty in September. Human rights 
monitors also have visited some nonpolitical prisoners, although this 
appears only to be permitted on a case-by-case basis.
    The ability of the International Committee of the Red Cross (ICRC) 
to visit prisoners varied over the course of the year (see Section 4).
    d. Arbitrary Arrest, Detention, or Exile.--The Criminal Procedures 
Code contains provisions against arbitrary arrest and detention, but it 
lacks adequate enforcement mechanisms and authorities routinely violate 
it. The code specifies that prisoners have the right to promptly notify 
their families and that warrants must be produced during an arrest 
except under specified conditions, such as when a suspect is caught in 
the act of committing a crime. The law authorizes investigators to 
issue warrants to assist in their investigations or if sufficient 
evidence exists that a crime has been committed. However, authorities 
sometimes made arrests without warrants.
    The law presumes that defendants are innocent and permits bail. 
They or their families also may challenge the legality of their arrest 
and detention in a pretrial hearing and may sue forcompensation if 
wrongfully detained. However, it virtually is impossible for detainees 
to invoke this procedure, or to receive compensation after being 
released without charge. In both military and civilian courts, appeals 
based on claims of improper arrest and detention rarely, if ever, are 
accepted. The Criminal Procedures Code also contains specific limits on 
periods of pretrial detention and specifies when the courts must 
approve extensions, usually after 60 days. In April the Parliament 
repealed the 1963 Antisubversion Law, which had given the Attorney 
General the authority to hold a suspect for successive 1-year periods 
without limit.
    The authorities routinely approve extensions of periods of 
detention. In areas where active guerrilla movements exist, such as 
Aceh and East Timor, there are many instances of persons being detained 
without warrants, charges, or court proceedings. Bail rarely is 
granted, especially in political cases. The authorities frequently 
prevent access to defense counsel while suspects are being investigated 
and make it difficult or impossible for detainees to get legal 
assistance from voluntary legal defense organizations. Special laws on 
corruption, economic crimes, and narcotics do not come under the 
Criminal Code's protections.
    The Agency for Coordination of Assistance for the Consolidation of 
National Security (BAKORSTANAS) operates outside the legal code and has 
wide discretion to detain and interrogate persons whom are perceived as 
threats to national security.
    Security forces frequently detained participants suspected of 
inciting demonstrations, although most were released after questioning 
(see Section 2.b.).
    There are no reliable data on the number of arbitrary arrests or 
detentions without trial, particularly in East Timor, Irian Jaya, and 
Aceh, but there is ample evidence that arbitrary arrests and detention 
without trial are employed systematically in Aceh. In East Timor 
arbitrary detention was a continuing problem in the months prior to the 
consultation vote. TNI-backed prointegration militias often arbitrarily 
detained persons suspected of proindependence sympathies. For example, 
in Baucau armed pro-Jakarta elements wearing unmarked black uniforms 
``arrested'' numerous local opponents. In Aileu the local militia, led 
by the district chief, detained young men suspected of proindependence 
sympathies and interrogated and beat them in the militia headquarters. 
During sweep operations by the security forces, young males, 
anticipating that they would be detained and beaten simply as suspects 
if found in their villages, typically fled to the mountains or Dili, 
leaving behind women, children, and the elderly (see Sections 1.c., 
2.d., and 5). On April 22, 30 students were detained in the Bekora 
section of Dili. Militia groups reportedly arrested four persons on May 
1 and took them to the military post in Viqueque. A KPP-HAM report 
issued on November 1 cited eyewitness accounts of arbitrary detention 
by prointegration militia groups during the post-consultation period 
(see Section 4).
    On January 9, the military detained 37 to 40 persons from rural 
villages and brought them to nearby Lhokseumawe, Aceh. Most of these 
persons were beaten and tortured severely and four died in custody (see 
Sections 1.a. and 1.c.). An NGO claimed on July 12 that the TNI rounded 
up 20 Acehnese young men in a village near Teunom, West Aceh, allegedly 
for separatist activities. According to news reports, on November 2 in 
Tuwi Kareung, West Aceh, security forces arbitrarily arrested 136 
persons (see Section 1.c.). On December 4, the anniversary of 
separatist leader Hasan Di Tiro's Declaration of Acehnese Independence, 
TNI forces injured a number of persons. At least 40 persons were 
arrested, 20 of whom allegedly were mistreated (see Sections 1.a. and 
1.c.).
    On May 6, police arrested 74 Irianese in the western Irian Jaya 
town of Fak Fak. The Government claimed that it found independence 
materials, the Independent West Papua flag (see Sections 1.c. and 
2.a.), and ``sharp weapons'' at the location. Those arrested were 
released the next day, charged with violating the ban on gatherings to 
publicize the results of the Irianese leaders' meeting with President 
Habibie (see Section 5), and fined $0.33 (RP. 2,500).
    The United Nations Working Group on Arbitrary Detention visited the 
country during the first 2 weeks of February. The team was able to 
spend 3 days in East Timor, but was denied permission to visit Aceh and 
Irian Jaya (see Section 4).
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution stipulates the 
independence of the judiciary; however, in practice the judiciary is 
subordinated to the executive and the military. In August the 
Parliament passed and President Habibie signed a law providing for the 
gradual transfer of administrative and financial control over 
thejudiciary from the Department of Justice to the Supreme Court over a 
period of 5 years. However, judges currently are civil servants 
employed by the executive branch, which controls their assignments, 
pay, and promotion. Low salaries encourage widespread corruption, and 
judges are subject to considerable pressure from governmental 
authorities, who often exert influence over the outcome of numerous 
cases.
    A quadripartite judiciary of general, religious, military, and 
administrative courts exists below the Supreme Court. The right of 
appeal from a district court to a high court to the Supreme Court 
exists in all four systems. The Supreme Court does not consider factual 
aspects of a case, only the lower courts' application of law. The 
Supreme Court theoretically stands coequal with the executive and 
legislative branches, but it does not have the right of judicial review 
over laws passed by Parliament.
    In September the former Parliament enacted, and President Habibie 
signed, a new law on human rights that mandated creation of a human 
rights court within 4 years. On October 8, President Habibie signed a 
``government regulation in lieu of statute'' creating a human rights 
court within the general judicial system. The court has the authority 
to hear and adjudicate cases that occur subsequent to October 8, that 
involve extinction of a national or ethnic group, extrajudicial 
killings, forced disappearance, slavery, systematic discrimination, and 
torture. The regulation allows the National Human Rights Commission to 
request an explanation at any time from the Attorney General on the 
status of a human rights case. The regulation also nullifies a 
provision of the 1997 law on military tribunals that allows a 
commanding officer discretion over whether to refer a subordinate to a 
military court. Some legal experts criticized the regulation on the 
ground that it usurped the Parliament's authority to enact laws, and 
some human rights organizations expressed suspicion that the regulation 
was designed to avoid trial of Indonesian human rights violators by an 
international tribunal.
    A panel of judges conducts trials at the district court level, 
poses questions, hears evidence, decides guilt or innocence, and 
assesses punishment. Initial judgments rarely are reversed in the 
appeals process, although sentences can be increased or reduced. Both 
the defense and the prosecution may appeal.
    Defendants have the right to confront witnesses and to produce 
witnesses in their defense. An exception is allowed in cases in which 
distance or expense is deemed excessive for transporting witnesses to 
court. In such cases, sworn affidavits may be introduced. However, the 
Criminal Procedures Code does not provide for witnesses' immunity or 
for defense power of subpoena. As a result, witnesses generally are 
unwilling to testify against the authorities. The courts commonly allow 
forced confessions and limit the presentation of defense evidence. 
Defendants do not have the right to remain silent and can be compelled 
to testify against themselves.
    The Criminal Procedures Code gives defendants the right to an 
attorney from the moment of their arrest, but not during the prearrest 
investigation period, which may involve prolonged detention. Persons 
summoned to appear as witnesses in investigations do not have the right 
to be assisted by lawyers even though information developed in the 
course of rendering testimony subsequently can become the basis of an 
investigation of the witness. The law requires that a lawyer be 
appointed in capital cases and those involving a prison sentence of 15 
years or more. In cases involving potential sentences of 5 years or 
more, a lawyer must be appointed if the defendant desires an attorney 
and is indigent. In theory destitute defendants may obtain private 
legal assistance, such as that provided by the Indonesian Legal Aid 
Foundation. However, in practice defendants often are persuaded not to 
hire an attorney, or access to an attorney of their choice is impeded.
    In many cases procedural protections, including those against 
coerced confessions, particularly those coerced by the police and the 
BAIS, are inadequate to ensure a fair trial. Corruption is a common 
feature of the legal system and the payment of bribes can influence 
prosecution, conviction, and sentencing in civil and criminal cases.
    Despite the beginning of the transfer of administrative and 
financial control over the judiciary from the Department of Justice to 
the Supreme Court, there were few signs of judicial independence. The 
court continued to be used to take action against, or deny legal remedy 
to, political activists and government critics. In January a court in 
Biak sentenced 19 persons to sentences ranging from several months to 
6\1/2\ years for engaging in proindependence demonstrations. This group 
was freed as part of President Wahid's amnesty decree on December 23. 
Ten persons in Wamena who were arrested and charged for raising a 
Papuan Independence Flag were found guilty, sentenced to time already 
served, and freed in April. At year's end, four persons in Jayapura 
were on trial forraising Papuan independence flags. Several groups of 
students who conducted peaceful demonstrations in Jakarta during the 
first half of the year were convicted of violating a 1998 law 
prohibiting demonstrations without a permit, and were required to pay 
small fines.
    The Parliament repealed the 1963 Anti-Subversion Law in April (see 
Section 1.d.); however, at the same time Parliament passed a law (Law 
No. 27 of 1999) transferring six crimes against the State specified in 
the Anti-Subversion Law (e.g., propagating communism, damaging 
government facilities, and interfering with distribution of essential 
goods) to the Criminal Code. All persons convicted under the law 
received amnesty by the end of the year.
    In January the Government announced that imprisoned East Timorese 
resistance leader Xanana Gusmao would be removed from prison and 
detained in a house outside of Cipinang prison. The Government formally 
released him on September 7.
    During its 16 months in office, President Habibie's Government 
released, by its own count, 213 political prisoners, including 52 
persons released in March and labor leader Dita Indah Sari in July. In 
March the Government released 40 Acehnese political prisoners jailed 
under the Anti-Subversion Act; however, their release was only on 
condition that they swear allegiance to the national Constitution and 
to ``Pancasila,'' the official state ideology. A number of East 
Timorese political prisoners who had been held in Dili and reportedly 
moved to West Timor during the violent aftermath of the consultation 
vote remained unaccounted for. On November 30, President Wahid promised 
to free 18 East Timorese political prisoners from Cipinang prison. On 
December 10, President Wahid signed decrees giving amnesty and 
abolition of sentence to 91 political prisoners, including 6 leaders of 
the People's Democratic Party (PRD), 70 East Timorese prisoners, and 15 
prisoners associated with the Acehnese independence movement or Islamic 
movements. On December 23, he signed another decree giving amnesty and 
abolition of sentence to another 105 political prisoners. With the 
latest releases, according to domestic monitors of political prisoners, 
all political prisoners from the Soeharto era had been freed. However, 
at year's end six persons were on trial on political charges stemming 
from actions that they took when Habibie was president. In addition 
five persons remained under restricted freedom awaiting trial and three 
labor activists were in detention awaiting trial (see Section 6.b.).
    f. Arbitrary Interference with Privacy, Family, Home or 
Correspondence.--Judicial warrants for searches are required except for 
cases involving suspected subversion, economic crimes, and corruption; 
security agencies regularly made forced or surreptitious entries. 
Security forces also engaged in surveillance of persons and residences 
and selective monitoring of local and international telephone calls 
without legal restraint. In February publication of a transcript of a 
telephone conversation between President Habibie and the Attorney 
General concerning the investigation of former President Soeharto 
caused strong public criticism. Habibie ordered an investigation into 
the matter, but no results were announced during the year.
    The Parliament passed a controversial new law in September on 
overcoming dangerous situations that allows the military to conduct 
search and seizure operations for weapons during a declared state of 
emergency without a warrant, but requires that such searches be 
reported to a court within 24 hours. However, President Habibie did not 
sign this law, and its status is unclear.
    Government security officials monitor the movements and activities 
of former members of the Indonesian Communist Party (PKI) and its front 
organizations, especially persons whom the Government believes were 
involved in the abortive 1965 coup. These persons and their relatives 
sometimes are subjected to surveillance, required check-ins, periodic 
indoctrination, and restrictions on travel outside their city of 
residence. They also are required to have official permission to change 
their place of residence. The requirement that ``E.T.'' (``Ex-Tapol'' 
or political prisoner) be stamped on the identification cards of these 
prisoners was ended officially in 1995, although in practice it 
continued in use in many cases. At least some individuals who had E.T. 
stamped on their identity cards were able to have the stamp removed. 
This stamp has been one of the methods the Government has used to 
monitor the activities of these persons, allowing the Government and 
prospective employers to identify alleged former PKI members, thereby 
subjecting them to official and unofficial discrimination. Even when 
the stamp has been removed, these former political prisoners continue 
to face discrimination and restrictions on employment.
    Under the government-sponsored transmigration program large numbers 
of persons were moved voluntarily from overpopulated areas to more 
isolated and less developed areas (this programbegan during the Dutch 
colonial period and has been carried out more or less continuously 
since then). It also was used to resettle local populations within East 
Timor and Irian Jaya. However, plans to revive the program, after 
several years during which the Government reduced its support for it, 
fell victim to the economic crisis. Human rights monitors state that in 
general the transmigration program violates the rights of indigenous 
people and dupes some transmigrants into leaving their home villages 
without any means of return. Human rights activists also have claimed 
that a number of those resettled are persons who have been forced off 
lands that are coveted by developers who have collusive arrangements 
with the Government or security forces. Conditions at some sites are 
life threatening, with inadequate measures to protect the transmigrant 
population against diseases endemic to the sites. Transmigrants and 
migrants outside the Government transmigration program received direct 
and indirect government support in the form of developmental assistance 
programs and contracts with the TNI or local government officials. This 
practice, particularly in East Timor, Irian Jaya, and parts of 
Kalimantan, led to resentment among indigenous populations, whose 
members believed that their rights were infringed upon and that they 
were being discriminated against by virtue of the disbursement of 
development funds to those who were in some cases their newly arrived 
economic rivals (see Section 5).
    The Government used its authority, and at times intimidation, to 
acquire land for development projects, particularly in areas claimed by 
indigenous people, and often without fair compensation (see Section 5).
    The Government prohibits the import of Chinese-language 
publications (see Sections 2.a. and 5).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The 1945 Constitution contains a 
general provision for freedom of expression; the new law on human 
rights provides for substantive protection of press freedom (see 
Section 1.d.); however, the security apparatus often attempted to 
control and restrict reporting on East Timor, and journalists continued 
to suffer intimidation and assaults.
    Also in September, the Parliament enacted a new press law that 
provides for freedom of the press, prohibits censorship, and prescribes 
penalties for anyone who violates these rights. However, the law 
obliges the press to report events and opinions ``with respect to 
religious and moral norms of the public,'' and to adhere to the 
presumption of innocence. Press companies that violate this provision 
can be fined up to $71,500 (500 million Rp). Advertising that degrades 
the dignity of certain religions or creates disorder among diverse 
religions, or is contrary to public morality, or refers to addictive 
substances, is prohibited. The new law establishes a Press Board to 
create and enforce a code of journalistic ethics. Membership of the 
board consists of journalists nominated by journalist associations, 
representatives of press companies, and public figures nominated by 
journalists and press companies. The new law replaced previous press 
laws that were viewed as being more restrictive of press freedom. In 
October President Wahid abolished the Department of Information, 
formerly used as the Government's propaganda and censorship arm.
    During the year, the media often exercised press freedom with 
detailed and hard-hitting reporting on corruption, political protests, 
national unrest, the parliamentary election campaign, and the 
presidential selection process; however, the security apparatus often 
attempted to control and restrict reporting on East Timor. For example, 
after the April 17 militia assaults in Dili (see Section 1.a.), a 
cordon of military and police prevented journalists from approaching 
the scene. On April 17, prointegration militia attacked and destroyed 
the offices of the province's most important daily newspaper, Suara Tim 
Tim. There were reports that the newspaper faced continual threats not 
to publish any information sourced to proindependence East Timorese, or 
about civilian deaths due to militia attacks. In April the militia also 
threatened to attack the office and transmitter site of the Kamnek 
radio broadcasting center, the Church broadcasting system for East 
Timor, causing staff to board up the office's windows and doors.
    During the transition in East Timor, the media largely conveyed 
uncritically government- and TNI-inspired disinformation directed 
against UNAMET and INTERFET. Overall, domestic press and television 
coverage of East Timor highlighted the statements of government 
officials and prointegration leaders, and uncritically conveyed the 
government (prointegration) line on most issues, in many cases actively 
seeking to discredit INTERFET. After the consultation election results 
were announced, prointegration harassment, intimidation by security 
forces, and assaults against journalists greatly increased. However, 
later in the year the media did provide extensivestcoverage of the 
findings of the Indonesian Commission Investigating Abuses in East 
Timor (see Sections 1.b., 1.c., 1.d., 2.d., 4, 5, and 6.f.). Also 
UNAMET's versions of events and reports of abuses by the militias 
sometimes did appear.
    Police questioned three television and radio station news directors 
about their sources after the stations reported on a recording of a 
telephone conversation between President Habibie and Attorney General 
Andi Ghalib in February. Police said that they were investigating 
possible violations of a 1946 law on the dissemination of false 
information or news that stirs public unrest. In June police questioned 
as suspects the chairman and executive director of the NGO Indonesia 
Corruption Watch after the Attorney General filed a criminal complaint 
charging that they slandered him by accusing him of accepting bribes 
from local businessmen. Police also questioned as witnesses three 
editors of newspapers that reported on the Indonesia Corruption Watch 
accusations. In September police questioned a newspaper editor for 
publishing editorials critical of President Habibie, and the news 
director of a television station for airing an interview with an 
Acehnese separatist movement commander. A magazine editor and a 
magazine distributor went on trial in October for publishing material 
that allegedly was offensive to public morality. There has been no 
police followup to the interrogation of the newspaper editors or the 
television news director who were critical of President Habibie. 
However, court proceedings continue against the magazine editor accused 
of offending public morality.
    The Government retained the right to suspend publishing licenses 
for an unspecified period of time, although no licenses were suspended 
during the year. Other means of control include regulation of the 
amount of advertising permitted and of the number of pages allowed in 
newspapers. Subsequent to the abolition of the Department of 
Information in October, many editors believed that they no longer 
required a license to publish a newspaper or magazine, since there was 
no controlling body to which to report.
    The Government arrested 5 persons for raising the Papuan 
Independence Flag during the year, and proceeded with trial for 42 
other persons arrested for flag-raisings in 1998. All but four persons 
were released by year's end under President Wahid's amnesty decrees. 
There were numerous flag-raisings around Irian Jaya on December 1, 
which is commemorated as the anniversary of Papuan independence. In 
most cases, authorities did not take action against persons who raised 
flags, but police broke up a flag-raising vigil in Timika, resulting in 
injuries and one death (see Sections 1.e. and 5).
    The Government operates a nationwide television network with 12 
regional stations. Private commercial television companies, most with 
ownership by, or management ties to, former President Soeharto's 
family, continued to expand. All are required to broadcast government-
produced news, but they also all produce news and public affairs 
programming independently. Just prior to the appointment of the current 
Cabinet, the Minister of Information issued licenses for five new 
private television stations and granted them 2 years to prepare before 
beginning broadcast operations. Television networks increased their 
news coverage during the year, including live gavel-to-gavel coverage 
of the People's Consultative Assembly's General Session during which 
the new President and Vice President were elected.
    More than 700 private radio-broadcasting companies exist in 
addition to the Government's national radio network. They all were 
required to belong to the government-sponsored Association of Private 
Radio Stations to receive a broadcast license. The Government radio 
station, Radio Republik Indonesia (RRI), produces the program 
``National News.'' Private radio stations and 53 regional government 
network affiliates relay the program throughout the country.
    Regulations issued by the Government in June 1998 reduced the 
number of compulsory government programming broadcasts from 14 to 4 per 
day. While private radio stations in the provinces generally adhered to 
the Department of Information's edict governing the number of daily RRI 
news relays, many private radio stations in larger urban areas elected 
to relay the RRI news broadcast only once per day. The regulations 
allowed stations to produce their own news programs, and many have done 
so. Candid live coverage of demonstrations and other breaking stories 
increased markedly during the year. Moreover, ``talk radio'' call-in 
programs regularly address timely political and socioeconomic issues.
    Foreign television and radio broadcasts are readily accessible. 
Satellite dishes have proliferated throughout the country, and there is 
access to the Internet. The Government made no effort to restrict 
access to satellite programming and has proclaimed an ``open skies'' 
policy. Foreign periodicals are widely available. The authorities have 
delayed distribution of publications by a day or more, although this is 
rare. TheGovernment restricts the import of Chinese-language 
publications (see Sections 1.f. and 5).
    The Government regulates access to the country, particularly to 
areas of unrest, by visiting and resident foreign correspondents. It 
occasionally reminds the latter of its prerogative to deny requests for 
visa extensions. Special permission is necessary for foreign 
journalists to travel to East Timor, Aceh, and Irian Jaya. In August 
the Government denied entry to a foreign journalist, Amy Goodman, who 
was on an immigration blacklist because of reporting critical of the 
Government's handling of East Timor (see Section 2.d.). She was 
intending to cover the August 30 popular consultation in East Timor. 
Several foreign and domestic journalists, including Washington Post 
correspondent Keith Richburg and the British Broadcasting Company's 
Jonathan Head, covering the events prior to East Timor's consultation 
vote were attacked and injured by prointegration militias. In September 
the Government detained foreign journalist Allan Nairn, who was 
visiting East Timor, for several days before deporting him.
    East Timorese members of a TNI battalion killed Dutch journalist 
Sander Thoenes in September, and an Indonesian journalist, Agus 
Mulyawan, was among those killed when paramilitary forces attacked a 
convoy in Los Palos in September (see Section 1.a.).
    The Government requires a permit for the importation of foreign 
publications and videotapes, which must be reviewed by government 
censors. Significant amounts of material bypass customs and censorship 
procedures.
    Most books by the prominent novelist and former political prisoner 
Pramoedya Ananta Toer are banned, although some are in circulation. 
According to a study published in the newspaper Kompas, from 1969 to 
1998 the Government banned 199 books, approximately 50 percent for 
religious reasons, 30 percent for political reasons, and 20 percent for 
ideological reasons. However, bookshops--especially ``alternative 
bookstores'' at university campuses and cultural centers--openly sell 
many new and newly reprinted titles. The Government banned no 
additional books during the year.
    The new law on crimes against the State (see Section 1.d.) 
prohibits persons from disseminating or developing the teachings of 
communism or from seeking to eliminate or replace the state ideology of 
Pancasila in a way that causes harm to persons or property.
    While the law provides for academic freedom, there are constraints 
on the activities of scholars. A Japanese scholar, Yoshihara Kunio, was 
denied entry to the country in March because he was on an immigration 
blacklist. Nevertheless, political activity and open discussions at 
universities increased significantly during the year.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government places 
significant controls on the exercise of this right. The Government 
promulgated regulations in 1995 that eliminated the permit requirements 
for some types of public meetings. A requirement to notify the police 
remained for most others, and in practice numerous public meetings 
continued to be prevented or broken up, sometimes with lethal force 
(see Sections 1.a. and 1.c.).
    The 1998 law on freedom of expression requires that demonstrators 
notify the police 3 days in advance and appoint someone accountable for 
every 100 demonstrators. The law restricts demonstrations near specific 
sites. Nevertheless, frequent demonstrations are held in Jakarta and 
around the country. However, in some cases authorities invoked the law 
to detain and try demonstrators. Several groups of students who 
conducted peaceful demonstrations in Jakarta were convicted of 
violating the law and were required to pay small fines. Participants in 
several demonstrations in Jakarta and other cities were killed and 
suffered injuries when security forces seeking to disperse crowds beat 
and kicked demonstrators (see Sections 1.a. and 1.c.). During the 
campaign period in East Timor preceding the August 30 consultation 
vote, intimidation by the security forces and prointegration militias 
largely prevented independence supporters from holding public 
assemblies or openly campaigning. Military forces sometimes resorted to 
force in order to disrupt peaceful demonstrations. In February in Aceh 
military troops opened fire on a crowd of several thousand persons 
after issuing an order for them to disperse (see Section 1.a.). On 
March 26, in Banda, Aceh, security forces used tear gas, batons, and 
possibly rubber bullets to disperse thousands of student demonstrators 
(see Section 1.c.). On April 20, a standoff with police led to an 
exchange of gunfire in which at least one police officer was killed and 
a student and a soldier were wounded. Police also broke up several 
peaceful demonstrations in Irian Jaya. For example, on December 2, 
police violently disrupted a proindependencedemonstration in Timika, 
injuring numerous persons. One person died later the same day as a 
result of injuries sustained in the melee caused by the police action. 
The police action ended a 3-week long vigil over a Papuan independence 
flag on a Catholic church compound (see Sections 1.a., 1.c., and 5).
    The Constitution provides for freedom of association; however, the 
Government places significant controls on the exercise of this right. 
The 1985 Social Organizations Law (ORMAS) requires the adherence of all 
organizations, including recognized religions and associations, to the 
official ideology of Pancasila. This provision, which limits political 
activity, is widely understood to be designed to inhibit the activities 
of groups seeking to engage in democratic political competition, make 
Indonesia an Islamic state, revive communism, or return the country to 
a situation of partisan ideological division. It empowers the 
Government to disband any organization that it believes to be acting 
against Pancasila and requires prior government approval for any 
organization's acceptance of funds from foreign donors.
    The Government announced late in 1995 its intention to relax a 
regulation requiring police approval for all meetings of five or more 
persons of all organizations outside offices or normal work sites. 
However, in practice this regulation continues to apply to union 
meetings (see Section 6.a.).
    The April law on crimes against the state (see Sections 1.d. and 
2.a.) prohibits the formation of organizations that ``are known to or 
properly suspected'' of embracing the teachings of communism/Marxism/
Leninism ``in all its forms and manifestations.''
    c. Freedom of Religion.--The Constitution provides for religious 
freedom for members of five out of six officially recognized religions 
and belief in one supreme god, and the Government generally respects 
these provisions; however, there are some restrictions on certain types 
of religious activity, including unrecognized religions.
    Although the population is over 85 percent Muslim, the practice and 
teachings of five out of six officially recognized religions generally 
are respected, and the Government actively promotes mutual tolerance 
and harmony among them. The law states that the Government ``embraces'' 
Islam, Protestantism, Catholicism, Buddhism, Hinduism, and 
Confucianism. However, subsequently issued regulations have restricted 
severely the practice of Confucianism. While the law only formally 
``embraces'' these religions, it explicitly states that other 
religions, including Judaism, Zoroastarianism, Shinto, and Taoism are 
not forbidden. The Government permits the practice of the mystical, 
traditional beliefs of ``Aliran Kepercayaan.''
    A 1976 decision by the Attorney General reinforced by a separate 
decision by the same office in 1978, banned Jehovah's Witnesses from 
practicing their faith. Although government hostility toward Jehovah's 
Witnesses has subsided, open practice of the faith remains banned, and 
members report that they continue to experience difficulty registering 
marriages, enrolling children in school, and in other civil matters. 
Members of the Bahai faith have not reported problems recently. The 
Government in some provinces has banned the messianic Islamic sect 
Darul Arqam. The Government closely monitors Islamic groups considered 
to be deviating from orthodox tenets, and in the past has dissolved 
some groups. Historically, the Government has tried to control 
``heterodox'' Muslim groups, due to pressure by nongovernmental leaders 
of ``mainstream'' or ``orthodox'' Muslim groups as well as the 
Government's concern for national unity. In addition ``mainstream'' 
Christian leaders have influenced government policy to be biased 
against ``fundamentalist'' Christians. Non-Trinitarians (Jehovah's 
Witnesses) have faced government bans that they claim were instigated 
by Trinitarian Christians.
    The legal requirement to adhere to Pancasila extends to all 
religious and secular organizations. Because the first tenet of 
Pancasila is belief in one Supreme God, atheism is forbidden. Although 
individuals are not compelled to practice any particular faith, all 
citizens must be classified as members of one of the officially 
recognized religions. As this choice must be noted on official 
documents, such as the identification card, failure to identify a 
religion can make it impossible to obtain such documents. The 
Government strongly opposes Muslim groups that advocate establishing an 
Islamic state or acknowledging only Islamic law.
    The October selection of Abdurrahman Wahid as President was greeted 
with optimism by leaders of various religious communities. Harmony, 
tolerance, and mutual respect between different religious communities 
have been among Wahid's core principles throughout his public career. 
Other high-level officials continued to make public statements and 
emphasize by example the importance of respect for religious 
diversity.However, some lower level officials continued to show 
reluctance to facilitate and protect the rights of religious 
minorities.
    Houses of worship, including both mosques and Christian churches, 
frequently were damaged or destroyed by opposing groups during clashes 
in Ambon (see Sections 1.a. and 5). In addition a Muslim crowd burned 
two Christian churches in Bandung in March. The perpetrators reportedly 
were angry at the local government's decision to allow a new church to 
be built in a predominantly Muslim neighborhood. In April Muslim crowds 
set fire to a church in Ujung Pandang, South Sulawesi after a bomb 
exploded at Jakarta's largest mosque, Istiqlal. In December Muslim 
crowds burned and ransacked a Christian seminary and a social service 
complex in southeast Jakarta, killing one person in the process. 
Attacks against minority houses of worship and the lack of an effective 
government response to punish perpetrators and prevent further attacks 
led to allegations of official complicity in incidents from current as 
well as prior years.
    During the period following the August consultation vote in East 
Timor, security forces and government-backed militia groups killed 
numerous Catholic priests and nuns who were engaged in humanitarian 
activities; they also destroyed many Catholic places of worship, many 
of which were being used to shelter thousands of internally displaced 
persons (IDP's) (see Sections 1.a., 1.c., 2.d., 3, and 4).
    A 1969 regulation dictates that before a house of worship can be 
built, agreement must be obtained from local residents living near the 
site, and a license must be obtained from the regional office of the 
Department of Religion. Some Christians claim that this regulation is 
being used to discriminate against them and to prevent them from 
building churches. Despite the problems, the building of churches 
continues.
    The law allows conversion between faiths, and such conversions 
occur. Independent observers note that interfaith marriages between 
Muslims and non-Muslims have become increasingly difficult. Persons 
from religions outside the five accepted religions have difficulty 
having their marriages recognized officially.
    The Government views proselytizing by recognized religions in areas 
heavily dominated by another recognized religion as potentially 
disruptive and discourages it. Foreign missionary activities are 
relatively unimpeded, although in East Timor, Irian Jaya, and 
occasionally elsewhere missionaries have experienced difficulties and 
delays in renewing residence permits, and visas allowing the entrance 
of new foreign clergy are difficult to obtain. Laws and decrees from 
the 1970's limit the number of years that foreign missionaries can 
spend in the country, with some extensions granted in remote areas like 
Irian Jaya. Foreign missionary work is subject to the funding 
stipulations of the ``Mass Organizations'' (ORMAS) law.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law permits the Government to bar 
persons from either entering or departing the country, and the 
Government continued to restrict freedom of movement to a limited 
extent. As of March, according to Department of Justice information 
quoted in the press, the Government maintained a list of 3,665 
foreigners who are barred from entering the country, while 417 citizens 
are prohibited from leaving the country. In August it was reported in 
the press that, at the request of the armed forces commander, five 
prominent persons from Irian Jaya had been barred from leaving the 
country (see Section 5). The Government never officially confirmed the 
ban or notified the individuals concerned.
    The Government also restricts movement by citizens and foreigners 
to and within parts of the country. The new law on overcoming dangerous 
situations (see Section 1.f.) also would allow the military to limit 
land, air, or sea traffic, to prohibit migration into and out of an 
area, to order relocation of persons outside an area, and to order 
house arrest in a declared state of emergency. However, this law did 
not take effect because President Habibie did not sign it.
    The Government requires that individuals obtain permits to seek 
work in a new location in certain areas, primarily to control further 
population movement to crowded cities. Special permits are required to 
visit certain parts of Irian Jaya. In September the police expelled two 
foreign human rights monitors from Irian Jaya to Jakarta after the two 
traveled to Irian Jaya as part of a preliminary planning visit for an 
independent international human rights assessment undertaken in 
cooperation with the Indonesian National Human Rights Commission (see 
Sections 4 and 5). Although former political prisoners associated with 
the abortive 1965 coup are no longer officially required to carry the 
stamp ``E.T.'' on their identity cards, in many cases the stamps have 
not been eliminated in practice (see Section 1.f.).
    Among other restrictions, some former prisoners still are required 
to obtain permission if they want to move.
    During the period prior to the consultation vote in East Timor, 
armed militia groups routinely set up road blocks in some areas, and 
closed off parts of Dili and elsewhere. The main road from Dili and 
West Timor was not usable during much of this time due to roadblocks by 
militia forces. Security forces did little or nothing to prevent the 
militias from controlling movement in these areas. In the days 
following the consultation vote, armed militia groups were permitted to 
control access to the Dili airport and they also checked incoming 
passengers. Prointegration militia members reportedly confiscated cars 
of proindependence civil servants. At times the Government temporarily 
banned travel to East Timor by foreign diplomats.
    According to churches and NGO's, over 45,000 persons were displaced 
in East Timor during the months prior to the consultation vote--a July 
UNAMET estimate placed the number of displaced persons at over 60,000. 
The displaced generally were not accommodated in ``camps,'' as such, 
but were herded into defined areas, especially in the vicinity of 
Liquica and Maubara, which were under the control of prointegration 
militias. Reportedly, anyone seeking to leave these camps faced 
assaults by military-backed militias, which were permitted to operate 
road blocks and checkpoints. In addition, militia groups committed 
numerous other abuses against displaced persons (see Section 1.c.). 
ICRC representatives and other humanitarian groups, had great 
difficulty gaining access to the camps, which faced tremendous food and 
medical shortages.
    Following the consultation vote in East Timor, there was credible 
evidence that, in a planned and orchestrated operation, the security 
forces forcibly removed or compelled to flee a substantial percentage 
of the 250,000 East Timorese who departed the territory. According to 
numerous credible reports the military and prointegration militia 
systematically forced the relocation of East Timorese refugees into 
West Timor, in part, for revenge; however, it also is alleged that 
forced relocations were meant to undermine the legitimacy of the U.N. 
referendum (see Section 3). More than 130,000 of the approximately 
250,000 refugees returned to East Timor by year's end, but intimidation 
by TNI-backed militia forces in the camps in West Timor continued to 
prevent many others from returning.
    During the summer, tens of thousands of Acehnese temporarily fled 
their villages claiming to be terrified of security force patrols/
activity in their area (see Sections 1.a. and 1.c.). At one point, as 
many as 150,000 rural Acehnese were displaced. There were credible 
allegations that armed separatists hoping to draw international 
attention and sympathy were manipulating IDP movements.
    While the law lacks provisions for dealing with refugees/asylees in 
accordance with the 1951 U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol, the Government cooperates with the U.N. 
High Commissioner for Refugees, which maintains a regional office in 
Jakarta. In past years, the Government offered first asylum to over 
125,000 Indochinese boat persons. The Galang Island camp was closed in 
1996 and by the end of the year the last remaining asylum seekers had 
been repatriated or permitted to settle permanently in the country. The 
Government has not formulated a policy regarding asylum seekers, but in 
practice it has respected the principle of not returning asylum seekers 
to the country from which they have fled.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens for the first time successfully changed their government 
through an open, transparent democratic process. In January the 
Parliament passed new legislation governing the election, political 
parties, and the organization of the MPR and DPR. The MPR is 
constitutionally the highest authority of the State and is charged with 
meeting every 5 years to elect the President and Vice President and to 
set the broad guidelines of state policy. It is composed of the elected 
Members of Parliament plus appointed representatives of functional and 
regional groups. The June 7 election, contested by 48 political parties 
(who fielded candidates in every district) and monitored by 
international observers, was widely accepted as open, fair, and free. 
Members of the new Parliament and People's Consultative Assembly (MPR) 
were sworn in on October 1. On October 20-21, the MPR in a secret 
ballot procedure that was carried live on television elected 
Abdurrahman Wahid as President and Megawati Soekarnoputri as Vice 
President.
    Under a doctrine known as dual function, the military assumes a 
significant sociopolitical as well as a security role. Members of the 
military are allotted 38 unelected seats in the DPR, and 10 percent of 
the seats in provincial and district parliaments, in partial 
compensation for not being permitted to vote. Active duty and retired 
military officers (many of whom retain strongties to the military after 
retirement) occupy important positions at all levels of government. The 
military thus far has resisted strong pressure from student and reform 
groups for an immediate end to dual function, instead reaching an 
informal understanding with key political figures that it would be 
phased out over a period of several years.
    The other 92 percent of national and 90 percent of regional 
parliamentary seats are filled through elections held every 5 years. 
All adult citizens, except active duty members of the armed forces, 
persons in prison convicted of crimes punishable by more than 5 years' 
incarceration, persons suffering from a mental disorder, and persons 
deprived of voting rights by an irrevocable verdict of a Court of 
Justice, are eligible to vote.
    More than 93 percent of the electorate nationwide voted in the June 
parliamentary election, ranging from a low of 70 percent in Aceh to 109 
percent in Maluku (the reasons for this figure are still under 
investigation). The poor security situation, voter apathy and a desire 
among some citizens to boycott the election contributed to the 
relatively low voter turnout in Aceh, which was about 50 percent across 
Aceh, far below the national average. Turnout was less than 5 percent 
in several troubled districts. A halfhearted effort to organize a 
boycott appears to have had little impact in East Timor, where more 
than 94 percent of the electorate voted. Members of the banned PKI may 
not run for office.
    International and domestic monitoring groups and the major 
political parties accepted the June 7 parliamentary election as 
generally free and fair, notwithstanding many technical problems and 
irregularities. Parties organized and campaigned without government 
interference and candidates were able to express their views freely. 
The new political laws were general in nature, granting sweeping 
authority in implementing the election to a newly formed General 
Election Commission (KPU), whose members included 5 government 
representatives and 1 representative from each of the 48 parties that 
were qualified to compete in the election. Under considerable public 
and political pressure, the KPU went forward with plans to hold the 
election on June 7, despite inadequate technical preparations and 
remaining ambiguities in the regulations. Numerous technical problems 
resulted, particularly in remote districts throughout the country, 
including inadequate supplies of ballots and reporting forms, poor 
training of poll workers, confusion over procedures, and a lack of 
funds to pay poll workers. These problems contributed to a substantial 
delay in vote counting.
    There were numerous, and in some cases credible, allegations of 
vote buying in Sulawesi, mostly directed at the ruling Golkar party, 
which opposition parties saw as gaining advantage from longstanding 
patronage and civil service networks. There also were scattered 
allegations of voter intimidation, particularly in rural areas. 
Opposition parties in Sulawesi alleged that Golkar cadres threatened 
the physical safety of residents. The Government and others alleged 
that supporters of Acehnese separatism actively were discouraging 
residents to register. It is believed that this pressure, combined with 
a sense of alienation and apathy, was responsible for lower turnouts in 
Aceh. Election officials in Aceh postponed polling in most voting 
stations in the North Aceh and Pidie districts due to security 
concerns. The polls had not yet been held by year's end. The Elections 
Supervisory Committee (PANWASLU) had legal authority to investigate 
election irregularities, but acknowledged that it lacked the training, 
organization, manpower, and funding necessary to address more than a 
handful of the most egregious cases. In some cases, alleged violations 
were referred to judicial authorities for legal action. In most cases, 
political parties reached informal solutions among themselves.
    In general monitoring groups and political parties concluded that 
irregularities were neither systematic nor sufficiently widespread to 
call into question the overall results of the election at the national 
level. The atmosphere in polling sites was transparent and even 
celebratory. The election campaign itself generally was free of 
violence; however, there were a few isolated outbreaks, such as on June 
4 in Jakarta, when Golkar cadres were attacked in various areas of the 
city. In Aceh a soldier was shot and killed while guarding a polling 
station (see Section 1.a.). The military, which in past elections 
routinely used threats and intimidation to ensure voter support for 
Golkar, honored its pledge to stay neutral. The opposition Indonesian 
Democratic Party of Struggle (PDI-P) came in first with 33.7 percent of 
the vote (153 DPR seats), followed by Golkar with 22.4 percent (120 
seats), the National Awakening Party (PKB) with 12.6 percent (51 
seats), the Unity and Development Party (PPP) with 10.7 percent (58 
seats), the National Mandate Party (PAN) with 7.1 percent (34 seats), 
and the Crescent and Star Party (PBB) with 1.9 percent (13 seats). In 
addition 5 parties won between 2 and 7 seats and 10 parties won 1 seat 
each. Because of the pattern of voting district distribution, parties 
that were stronger in the less populous outer islands (e.g., Golkar and 
the PPP) won more seats relative to their strength in percentage terms 
than parties stronger inthe populous islands of Java and Bali (e.g., 
the PDI-P and the PKB).
    The actions of some KPU members following the election contributed 
significantly to the delay in validating election results, providing 
scope for additional doubts about the process, and led to a 
considerable loss of public faith in the impartiality and integrity of 
the KPU. Election laws in February required that a party must win at 
least 2 percent of the seats in Parliament to qualify to compete in the 
following election (in 2004). Forty-two parties failed to meet this 
threshold, 27 of which failed to win even a single seat. As the outcome 
of the election became evident, KPU representatives of several of the 
parties that failed to win seats launched a series of rearguard actions 
designed to force the KPU to give them DPR seats and to waive the 2 
percent requirement. Among these actions was a refusal to certify the 
election results. On August 3, President Habibie stepped in and 
declared the results valid. Government representatives on the KPU 
generally showed impartiality and sought to preserve the spirit of 
electoral reform. Small party obstructionism and opportunism continued 
in subsequent stages of the process, including during DPR seat 
allocation, selection of groups eligible to send representatives to the 
MPR, and assignment of candidates to seats. At several junctures, 
regulations the KPU itself had written either were changed or ignored, 
in some cases to suit the interests of blocs of KPU party 
representatives. As a result, the election process fell far behind 
schedule. In order to meet the political imperative of opening the MPR 
as scheduled, authorities decided to convene the MPR on October 1 even 
though several provinces had not yet finalized their choices of 
regional representatives, who joined the body after it already was in 
session.
    Such problems added momentum to a building consensus on the need 
for constitutional and further electoral reform, for the purpose of, 
among other things, limiting presidential powers, eliminating unelected 
representatives in the DPR and MPR, providing for direct election of 
the President and Vice President, and redefining the membership and 
roles of the Government's highest institutions. Amending the 1945 
Constitution for the first time, the MPR took steps to limit 
presidential powers, including imposing a two-term limit on the 
President and Vice President. The MPR created a working group to study 
further constitutional amendments to be considered during the 2000 MPR 
session.
    The Soeharto-era DPR elected in 1997 remained active until it went 
out of session on September 24. Although under Soeharto the executive 
branch dominated the DPR, it became increasingly independent under 
President Habibie. It has been active in scrutinizing government policy 
and in exercising oversight of government budgetary expenditures and 
program implementation through hearings at which members of the 
Cabinet, military commanders, and other high officials were asked to 
testify. The DPR made substantive alterations to bills that it 
reviewed, including changes that reflected the interests of outside 
groups, and in early September, rejected government-proposed 
legislation for the first time since the beginning of the Soeharto era.
    On January 27, Minister of Information Yunus Yosfiah announced that 
East Timor would be offered an opportunity to vote on an autonomy plan, 
and that if the East Timorese rejected this offer the Habibie 
Government would suggest to the MPR that East Timor formally be 
released from the country. Foreign Minister Ali Alatas subsequently 
clarified that the Government would not accept any formula that called 
for a transition period of several years after which the East Timorese 
would render their verdict on autonomy, asserting that such a delay 
would lead to civil conflict. Rather, Alatas indicated that the East 
Timorese would be offered the option of accepting or rejecting the 
offered autonomy immediately. Alatas reiterated Yunus's statement that 
were the East Timorese to reject the plan, then they could 
``respectfully separate'' from the country--the Government would then 
go to the new MPR, the body that approved East Timor's incorporation 
into the country in 1976, to make the decision to cut ties with East 
Timor. President Habibie stated that he would accept, in full, the 
draft East Timor Accords that were concluded in New York in April. 
Armed forces commander Wiranto also pledged to ensure security and to 
abide by the results of the consultation.
    There is wide evidence that the TNI was not neutral; rather, it was 
determined to ensure through intimidation and violence that the 
autonomy option should prevail. TNI-backed militia groups committed 
numerous killings, attacks, rapes, arrests, forced displacements, and 
other abuses against proindependence East Timorese throughout the year 
(see Sections 1.a., 1.b., 1.c., 1.d., 2.d., 4, and 5). It is widely 
alleged that these attacks were intended to intimidate the population 
into voting for autonomy or to prevent persons from voting at all. Many 
observers also believed that they were aimed at derailing the 
negotiation process in New York (see Sections 1.a., 1.b., 1.c.,1.d., 
2.d, and 4). According to UNAMET, the East Timorese were displaced for 
the purpose of the ballot and, therefore, essentially were ``political 
hostages'' (see Sections 1.c. and 2.d.). While the July registration 
period for consultation generally was conducted without numerous 
serious security problems, there are reports that in some localities 
militia members went door-to-door, usually at night, compelling persons 
to surrender documents required for registration. Numerous credible 
observers witnessed TNI personnel, local officials, and militias 
jointly threatening local residents in ``socialization'' gatherings 
meant to ensure support of integration. Some NGO's allege that 
residents of West Timor were being provided with false East Timor 
identity cards so that they could participate in the August 
consultation. Intimidation during the vote registration process tended 
to be most prevalent in western areas of the province. Police 
authorities generally did not arrest any militia members or obstruct 
their activities.
    In addition to attacks against civilians, TNI-backed militia groups 
sought to derail the consultation vote by intimidating and interfering 
with the activities of UNAMET. Throughout the vote registration 
process, TNI-backed militia groups made it impossible for U.N. staff to 
carry out its duties safely in many regions of the province. For 
example, on the evening of June 29, prointegration militias attacked 
the UNAMET office in Maliana. During a series of attacks from July 3 to 
July 4 in Liquica, aid workers sustained serious injuries; UNAMET 
personnel were threatened directly with firearms; and armed militia 
members threatened the U.N. helicopter deployed to evacuate personnel 
(see Section 1.a.). The Liquica attacks occurred while UNAMET was 
assisting internally displaced persons--a core aspect of the UNAMET 
mandate. The most serious attack occurred only about 100 yards from a 
police station. On August 18, several hundred armed prointegration 
militia members surrounded the UNAMET command compound in Maliana and 
threatened UNAMET personnel inside, with national police forces on the 
scene taking no action. (This is the same office that the militia 
attacked on June 29.) Police also did not react when the CNRT office in 
Dili was hit by gunfire on August 17. In addition TNI-backed militias 
greatly harassed and threatened, sometimes with death, NGO employees 
who sought to assist with poll monitoring, and who engaged in other 
activities aimed at ensuring a free and fair consultation vote (see 
Sections 1.c. and 4).
    The period immediately preceding the consultation vote was marred 
by violence, threats, and intimidation, which led thousands of persons 
to flee from their homes. However, voter turnout was high, with many 
displaced descending from the hills to cast their ballots, and despite 
problems in areas such as Maubisa, Suai, Ainado, and Glenno, it 
appeared that the overwhelming majority of East Timorese were able to 
vote their conciences.
    Some 98 percent of registered voters turned out to cast their 
ballots in the August 30 referendum on East Timor's future political 
status. The results were as follows: 94,388 East Timorese (21 percent 
of registrants) supported the autonomy proposal; and 344,580 (78.5 
percent of registrants) opposed it, thus beginning the transition 
towards independence. On September 3, U.N. Secretary General Kofi Annan 
declared the ballot ``an accurate reflection of the views of the East 
Timorese people.'' However, in the hours after the announcement of the 
results, incidents of killing, violence, and destruction increased 
throughout the province. Security forces allowed armed militia groups 
that opposed independence for East Timor free rein to intimidate and 
kill (see Sections 1.a., 1.b., 1.c., 2.d., 4, and 5). The military and 
prointegration militias allegedly systematically forced the relocation 
of East Timorese refugees into West Timor, in part, in order to 
undermine the legitimacy of the U.N. referendum. The purpose of the 
forced relocation was to make it appear that many East Timorese fled 
their homeland because they did not accept the ``rigged'' result (which 
could, at least in theory, have caused the MPR to reject the vote).
    On October 19, all 11 MPR factions formally approved revocation of 
the 1978 MPR decree that annexed East Timor, clearing the way for the 
U.N. Transitional Authority in East Timor, which is endowed with, in 
full consultation with representatives of East Timor, overall 
responsibility for creating a civil administration for the territory of 
East Timor; facilitating humanitarian assistance; overseeing the 
creation of structures for sustainable governance and the rule of law; 
facilitating the process of development of a constitution for an 
independent East Timor; conducting elections to such bodies as are 
foreseen in a provisional constitution, and seeking to ensure that the 
development of any indigenous structures for security conform to the 
standards of civilian oversight, democratic accountability, and 
international human rights norms and standards. In addition UNTAET is 
responsible for maintaining a police and military apparatus.
    On January 28, the All-Aceh Student Congress called for a 
referendum similar to the one in East Timor. The initiative for a 
referendum grew stronger during the year, and later was taken up by 
others including the local parliament and, on September 14, by the 
Ulema Council of Aceh.
    While there are no legal restrictions on the role of women in 
politics, they are underrepresented in government. Women constitute 
about 8 percent of the new Parliament's membership, roughly the same 
percentage as in the previous Parliament. In the Cabinet, 2 of 35 
ministers are women.
    A vigorous public debate over the position of women in society 
emerged during the year following the success of the PDI-P, and the 
strong possibility that Megawati Soekarnoputri, a woman, might emerge 
as the next President. Some representatives of the Muslim community, 
including the leadership of the state-sponsored Union of Ulema (Muslim 
Scholars) ruled that a woman could not rule a predominantly Muslim 
nation. Ironically Megawati also was criticized by women's groups, who 
charged that she failed to act as an advocate for women's issues with 
any vigor. Others challenged the basis of the religious argument and 
dismissed the debate as politically motivated. The gender/leadership 
debate faded later in the year, with Megawati's candidacy still intact. 
Megawati was selected as the first female Vice President in October 
(see Section 5).
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Although still subjected to monitoring by and interference from the 
authorities, domestic human rights organizations were extremely active 
in pressing the Government to improve its human rights performance. 
They pushed for government investigation of human rights abuses, 
including the shooting of demonstrators by security forces, acted as 
defense counsel in political trials, advocated for the release of 
political prisoners, sought to offer assistance to the victims of human 
rights abuses, vigorously exposed governmental corruption, and urged 
improvements in government policies and legislation.
    In East Timor specific threats against human rights monitoring 
groups were prevalent during the preconsultation period, but a more 
serious hindrance to their work was their inability to access most of 
the territory, due to the activities of the military-backed militia 
groups. Intimidation of NGO's greatly hindered humanitarian operations 
in both East and West Timor. Intimidation, threats, and violence 
towards NGO's escalated as the year progressed. Due to militia 
intimidation, numerous humanitarian organizations that sought to assist 
refugees in West Timor during the post-consultation period were unable 
to, particularly around the IDP camps.
    Both the Habibie and the Wahid Governments generally considered 
outside investigations or foreign-based criticism of alleged human 
rights violations to be interference in the country's internal affairs 
and believed that the linkage of foreign assistance, or other 
sanctions, to human rights observance constituted interference in 
internal affairs and was therefore unacceptable.
    The ICRC generally was allowed access to identified detainees by 
civilian and military officials at the central government level. The 
ICRC was able to visit prisoners convicted of involvement in the 
violence of 1965-66, convicted Muslim extremists, and East Timorese, as 
well as other political prisoners outside of East Timor, Aceh, and 
Irian Jaya. In Aceh the ICRC maintained an office in Lhokseumawe and 
was allowed to visit prisoners and others detained by security forces. 
The ICRC was granted permission to visit Irian Jaya, but did not do so 
during the year. In East Timor the ICRC was not able to visit all 
detention facilities to which it wanted access, and in some cases its 
ability to meet and communicate confidentially with prisoners was 
limited. When East Timorese prointegration militia went on a rampage 
after the August 30 popular consultation in East Timor, more than 2,000 
persons took refugee in the ICRC compound in Dili (see Section 2.d.). 
On September 6, militia personnel attacked the compound, shooting, 
burning, and ultimately razing its buildings to the ground (see Section 
1.a. and 1.c.). ICRC personnel were evacuated, but returned to East 
Timor after INTERFET restored order in late September. The ICRC 
conducted humanitarian operations in East and West Timor during the 
remainder of the year but largely was unable to gain access to refugee 
camps in West Timor. It offered humanitarian assistance in Ambon, but 
the Government did not accept its offer.
    The government-appointed National Human Rights Commission, in its 
6th year of operation, continued to be active in examining reported 
human rights violations and to show independence. Lacking enforcement 
powers, the Commission attempts to work within the system, sending 
teams where necessary to inquire into alleged human rights problems. It 
employs persuasion,publicity, and moral authority to highlight abuses, 
to make recommendations for legal and regulatory changes, and to 
encourage corrective action. The Government appointed the Commission's 
original chairman, who then appointed the other 24 original Commission 
members.
    In September the Parliament gave the Commission a statutory basis 
and increased its membership to 35 members. Future members are to have 
5-year terms and be nominated by the Commission but must be confirmed 
by the Parliament and made official by the President. The new law gives 
the Commission subpoena powers and provides that disputes settled by 
written agreement through the Commission's mediation are enforceable in 
the courts. However, the law does not give the Commission the power to 
enforce its recommendations or call for action by the Government.
    During the year, the Commission conducted a followup investigation 
into human rights violations in Irian Jaya in August, and sent a fact-
finding team to Ambon. The Commission issued highly credible public 
reports and press statements that carried significant weight in 
informing public opinion. In September the Commission formed a 
Commission for Investigation of Violations of Human Rights after the 
Popular Consultation in East Timor (KPP). The KPP's initial mandate was 
to gather facts and evaluate reports of human rights violations after 
the August 30 vote in East Timor; however, on October 22, the mandate 
was revised to include also abuses occurring from January onward. Its 
findings are to form the basis for cases to be tried in the recently 
established Human Rights Court (see Section 1.e.). The Commission's 
mandate originally ran until December 31, but was extended until 
January 31, 2000.
    The Habibie Government ignored or moved lethargically in reaction 
to some Commission findings. Neither the Habibie nor the Wahid 
Government pursued recommendations in the Commission's 1998 report on 
violence against ethnic Chinese women during the May 1998 riots. In 
1995 the Commission identified six cases of TNI killings, rapes, and 
other abuses of indigenous people in Irian Jaya; only one extrajudicial 
killing was ever brought to trial, and the Commission requested 
followup action in 1997. The Government made no further response to the 
Commission's October 1996 report on the July 27, 1996 forcible takeover 
of the headquarters of the Indonesian Democratic Party (PDI).
    The Commission's East Timor branch remained ineffective throughout 
the year, and, prior to its closure in the wake of the post-
consultation violence, had had little impact with regard to the more 
serious human rights problems in East Timor. In July the Commission 
opened an office in Aceh. In August the Commission announced that it 
would open an office in Irian Jaya.
    The KPP sent a number of investigative teams to East and West Timor 
and issued an interim report directly linking the Indonesian security 
forces to the post-consultation vote violence and destruction in East 
Timor. The KPP pledged to cooperate closely with the U.N.'s 
International Commission of Inquiry for East Timor.
    The U.N. High Commissioner for Human Rights (UNHCHR) program 
officer assigned to Jakarta continued his work throughout the year. 
Representatives of the U.N. Working Group on Arbitrary Detention 
visited the country in February. Also in February, a World Council of 
Churches delegation visited the country; some members were able to 
travel to Irian Jaya. In September members of an international 
assessment team under the auspices of the Robert F. Kennedy Memorial 
Center for Human Rights visited the country for preliminary planning 
for an independent international human rights assessment undertaken in 
cooperation with the Indonesian National Human Rights Commission. 
However, when two of its members went to Irian Jaya to investigate the 
human rights situation in and around the Freeport-MacMoran copper mine 
in Timika, they were expelled after 2 days (see Sections 2.d. and 5).
    The country voted against formation of an International Commission 
of Inquiry on human rights violations in East Timor in the U.N. Human 
Rights Commission (UNHRC), arguing that its own Commission for 
Investigation of Violations of Human Rights after the popular 
consultation in East Timor (KPP) was sufficient. However, it did offer 
to cooperate with the International Commission. The Government 
initially refused to grant visas to two UNHRC rapporteurs to visit 
Jakarta and West Timor in early November, but later invited them to the 
country. Following U.N. Economic and Social Council approval of the 
ICOI on November 16, an ICOI team visited Jakarta and met with the KPP 
and senior government officials. However, the Indonesian Department of 
Foreign Affairs refused the ICOI's request to go to West Timor.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution does not forbid explicitly discrimination based on 
gender, race, disability, language, or social status. However, it 
stipulates equal rights and obligations for all citizens, both native 
and naturalized. The 1993 Guidelines of State Policy (legal statutes 
adopted by the MPR) explicitly states that women have the same rights, 
obligations, and opportunities as men. However, guidelines adopted in 
the past 20 years also state that women's participation in the 
development process must not conflict with their role in improving 
family welfare and the education of the younger generation. Marriage 
law dictates that the man is the head of the family. The Constitution 
grants citizens the right to practice their individual religion and 
beliefs; however, the Government only recognizes six religions and 
imposes some restrictions on other religious activity.
    In April Indonesia ratified the International Convention on the 
Elimination of All Forms of Racial Discrimination.
    Women.--Violence against women remains poorly documented. However, 
the Government has acknowledged the problem of domestic violence in 
society, which has been aggravated by social changes brought about by 
rapid urbanization. Rape by a husband of a wife is not considered a 
crime under the law. Although women's groups are trying to change the 
law, they have not made significant progress.
    Cultural norms dictate that problems between husband and wife are 
private matters, and violence against women in the home rarely is 
reported. While police could bring assault charges against a husband 
for beating his wife, due to social attitudes they are unlikely to do 
so.
    Rape is a punishable offense. Men have been arrested and sentenced 
for rape and attempted rape although reliable statistics are 
unavailable. The maximum prison sentence for rape is 12 years, but 
observers say that sentences are usually much shorter. Mob violence 
against accused rapists frequently is reported. Women's rights 
activists believe that rape is seriously underreported due to the 
social stigma attached to the victim.
    Some legal experts report that unless a woman goes immediately to 
the hospital for an examination that produces physical evidence of 
rape, she can not bring charges. A witness also is required in order to 
bring charges, and only in rare cases is there a witness, according to 
legal experts. Some women reportedly fail to report rape to police 
because the police do not take their allegations seriously.
    An August conference of forensic experts recommended that standard 
procedures be adopted for examining and taking statements from rape 
victims, in an effort to improve the successful prosecution of rapists.
    Like rape, domestic violence is believed to be seriously 
underreported. Women's rights NGO's estimate that only 15 percent of 
domestic violence incidents are reported.
    In 1998 the Government, in consultation with women's NGO's, 
established a National Commission on Violence against Women. During the 
year, the Commission reported a ``significant'' increase in violence 
against women as a result of the economic crisis. The Government 
provides some counseling for abused women, and several private 
organizations exist to assist women. Many of these organizations focus 
on reuniting the family rather than on providing protection to the 
women involved. Many women rely on the extended family system for 
assistance in cases of domestic violence. The Commission's mandate is 
to improve and coordinate government and NGO efforts to combat violence 
against women and to provide assistance to victims.
    There are only a few women's crisis centers, including a drop-in 
center founded in Jakarta by the government-sponsored National Women's 
Organization (KOWANI) in 1996 and a crisis center for women in 
Yogyakarta run by an NGO. Women's Partner (Mitra Perempuan), a crisis 
center for women, which opened in 1997, runs a 24-hour hot line and a 
temporary shelter for abused women. The hotline receives several calls 
a day from battered women. The National Commission reports a general 
increase in the number of female victims of violence seeking assistance 
from crisis centers, attributing the increase both to a growing 
awareness of services and to a real increase in the incidence of 
violence against women.
    In March International Women's Day was marked by rallies protesting 
violence against women in front of the Department of Women's Affairs 
and in front of the U.N. building in Jakarta. The latter rally ended 
when 99 participants were arrested as they protested violence against 
women.
    The country is a significant source, transit point, and destination 
for trafficked women and children for the purpose of forced 
prostitution and sometimes for forced labor (see Sections 6.c. and 
6.f.). It is widely alleged that TNI-backed militias raped numerous 
women in East Timor and kept many as sex slaves (see Sections 1.c., 
2.d., and 6.c.).
    Harassment is not a crime under the law, only indecent behavior. 
However, sexual harassment charges can damage a civil service career. 
The law reportedly covers physical abuse only, and requires two 
witnesses. Female job applicants and workers have complained of being 
victimized sexually by supervisors.
    Female domestic servants also are vulnerable to exploitation and 
abuse. In some cases unscrupulous recruitment agencies have promised 
women placement as domestic servants overseas and then held them 
against their will for extended periods as details were worked out. 
Women working abroad as domestic servants often risk various forms of 
abuse, exploitation, and other cruel treatment. The Government has 
taken some steps to assist its citizens working abroad, but advocates 
charge that much more needs to be done.
    According to the Constitution, women are equal to and have the same 
rights, obligations, and opportunities as men. However, in practice 
women face some legal discrimination. Marriage law dictates that the 
man is the head of the family. Marriage law for Muslims, based on 
Islamic law, allows men to have up to four wives if the husband can 
provide equally for each of them. Permission of the first wife is 
required, but reportedly most women cannot refuse. Civil servants who 
wish to marry a second woman also must have permission from their 
supervisors. Cabinet officials and military personnel customarily have 
been forbidden to take second wives. In divorce cases, women often bear 
a heavier evidentiary burden than men, especially in the Islamic-based 
family court system. Divorced women rarely receive alimony, and there 
is no enforcement of alimony payment.
    The 1958 Citizenship Law states that children's citizenship is 
based only on the citizenship of the father. Children of citizen 
mothers and foreign fathers are considered foreigners and need visas to 
remain in the country until the age of 18, when they can apply for 
citizenship. They are prohibited from attending public schools and must 
attend private, international schools, which are expensive.
    Foreign women married to citizens also face difficulties. Their 
children are citizens and thus are not allowed to attend international 
schools. These women usually are taxed as a foreign head of household, 
but they do not have property, business, or inheritance rights. There 
has been much discussion about problems with the citizenship law, and 
NGO's and the Government appear to agree that the law needs to be 
revised. However, by year's end the Government still had not taken any 
action to remedy these problems.
    Although some women enjoy a high degree of economic and social 
freedom and occupy important positions in both the public and private 
sectors, the majority does not enjoy such social and economic freedoms 
and are represented disproportionately at the lower end of the 
socioeconomic scale. Surveys have shown that while more than one-third 
of civil servants are women, less than 6 percent are in positions of 
authority.
    A vigorous public debate over the position of women in society 
emerged during the year due to the strong possibility that Megawati 
Soekarnoputri would win the presidency. Megawati was selected as the 
first female Vice President in October (see Section 3).
    Female workers in manufacturing generally receive lower wages than 
men. Many female factory workers are hired as day laborers instead of 
as full-time permanent employees, and companies are not required to 
provide benefits, such as maternity leave, to day laborers. Women's 
rights activists report that there is a growing trend in manufacturing 
to hire women to do work in their homes for less than the minimum wage. 
Unemployment rates for women are approximately 50 percent higher than 
for men. Women often are not given the extra benefits and salary that 
are their due when they are the head of household, and in many cases do 
not receive employment benefits for their husband and children, such as 
medical insurance and income tax deductions. Income disparity between 
men and women diminishes significantly with greater educational 
achievement.
    Despite laws that provide women with a 3-month maternity leave, the 
Government has acknowledged that pregnant women often are dismissed or 
are replaced while on leave. Some companies require women to sign 
statements that they do not intend to become pregnant. Labor laws 
mandate 2 days of menstrual leave per month for women, although this 
leave is not allowed in all cases. Many groups criticized the 1997 
Manpower Law for not addressing sexual harassment and violence against 
women in theworkplace and for providing inadequate protection in areas 
of employment where women regularly have suffered abuse, such as 
overseas employment and household service. The Manpower Law is 
currently undergoing extensive revisions.
    Women disproportionately suffer from illiteracy, poor health, and 
inadequate nutrition. The Government is making efforts to reduce the 
high maternal mortality rate, which is 425 per 100,000 live births, 
according to official figures, and up to 650, according to estimates 
from other sources. In March an international NGO estimated that up to 
5.5 million women on the island of Java (with a total population of 
about 100 million persons) suffer from chronic undernourishment. The 
NGO also estimated that the number of women in Jakarta suffering from 
Vitamin A deficiency doubled from 1997 to 1998.
    During the year, hundreds of thousands of women and children were 
displaced by violent conflicts in East Timor, Maluku province, West 
Kalimantan, and Aceh (see Section 2.d.). In addition to those directly 
victimized by violence, a substantial number of those displaced 
suffered from nutritional deficiencies and other health problems.
    Women's advocacy groups remained assertive throughout the year. 
Numerous NGO-organized conferences and rallies concerned with women's 
issues were held throughout the year, as well as some that were 
organized by academic institutions and government ministries. Women's 
groups marked Independence Day on August 17 with a rally that stressed 
the role of women in nation building and criticized violence against 
women, particularly in strife-torn regions such as the provinces of 
East Timor, Maluku, Irian Jaya, and Aceh (see Section 1.c.).
    Children.--The Government has expressed a commitment to children's 
rights and welfare but a lack of resources prevents it from translating 
this commitment into practice. The Government allocates only 2.2 
percent of GNP to education. Spending on education declined 
significantly in real terms during the year, due to economic 
contraction. A 1979 law on children's welfare defines the 
responsibility of the State and parents to nurture and protect 
children. However, implementing regulations have never been promulgated 
and the law's provisions on protection of children have yet to go into 
effect. The Government has made particular efforts to improve primary 
education and maternity services.
    Low cost medical care is available, although access and 
availability are sometimes sporadic, especially in rural areas. 
Moreover, government spending on health care has dropped in real terms 
due to the economic crisis. In some cases, women and even children 
unable to pay medical bills have been detained by hospitals maintaining 
their own ``debtor's prisons.'' There have also been reports of 
hospitals refusing treatment to children suffering from malnutrition, 
due to a lack of resources.
    Research is beginning to document the drastic toll the Asian 
economic crisis has taken on children. According to a credible local 
NGO, infant mortality rates have nearly doubled as a result of the 
crisis, growing from 55 per 1,000 in 1995 to 100 per 1,000 deaths in 
1998. (However, during the same period the mortality rate for children 
under age 5 slightly decreased.) A survey released during the year 
found that overall use of health care facilities by children dropped 
significantly after the economic crisis struck in mid-1997.
    Throughout the year, the U.N. Children's Fund (UNICEF) continued to 
warn of a ``lost generation'' of youth as a result of the economic 
crisis. UNICEF estimates that 8 million preschool-age children were 
undernourished, threatening the development of brain function. 
According to U.N. data, as many as 37 percent of toddlers may be 
suffering from some form of malnutrition, up from 9.8 percent in 1995. 
Specifically, researchers have begun to document an increase in 
children suffering from deficiencies of Vitamin A, iron, and protein. A 
local NGO estimated that the deaths of up to 180,000 children were 
related to malnutrition.
    On an anecdotal level, the media frequently reported on instances 
of children dying from malnutrition or those in need of treatment for 
the condition. Such reports have been most frequent in Java but also 
have come from Sumatra and other regions. In March newspapers quoted a 
provincial health official as saying that at least 13,000 infants in 
East Java were suffering from malnourishment. Also in March, local 
health officials claimed that at least 3,000 children less than 5 years 
old were suffering from malnutrition in Jakarta, and over 1,000 in 
Purwakarta, West Java. In August the Minister of Social Affairs 
reported at least 27,000 infants suffering from malnutrition in 
Cirebon, West Java.
    A 1994 law raised compulsory education from 6 to 9 years, but the 
law has not been implemented fully due to inadequate school facilities 
and the lack of family financial resources to support children to stay 
in school. Official and unofficial fees forpublic education, including 
payments for registration, books, meals, transport, and uniforms have 
become prohibitively high for many families. According to a 1999 Rand 
Corporation survey, the percentage of 7 to 12 year olds who have 
dropped out of school tripled from about 1.0 percent in 1997 to 3.5 
percent in 1998. According to ILO statistics, 6 million children 
between the ages of 7 and 15 dropped out of school since the economy 
plummeted in 1997.
    Schooling for children in areas of conflict was disrupted severely 
during the year. Hundreds of thousands of Timorese children, and tens 
of thousands of children in Maluku and West Kalimantan, fled their 
homes to escape violence (see Section 2.d.), interrupting their 
education and exposing them to malnutrition, disease, and other 
hazards. In Aceh at least 150 schools were targeted for arson, leaving 
tens of thousands of children with no school. The military and armed 
separatists each blamed the other for the burning campaign. Schooling 
for Acehnese youth also was disrupted by the internal displacement of 
villagers as a result of ongoing violence. The number of internally 
displaced Acehnese peaked at about 150,000 in midsummer (see Section 
2.d.).
    According to the Department of Manpower, the number of working 
children increased from approximately 2 million before the economic 
downturn began in 1997 to an estimated 2.5 million at mid-year. 
Children's advocates and labor analysts agree that the number of 
working children has increased significantly due to the downturn, but 
contend that the number of working children was higher than the 
Government's current estimate even before the downturn, and has 
increased significantly since 1997. According to recent government 
statistics, 8 percent of all children between the ages of 10 and 14 
work. Half go to school and also work, and half work exclusively. 
Unofficial estimates of working children are higher. NGO's estimate 
that more than 10 percent of children worked more than 4 hours per day 
(see Section 6.d.).
    Tens of thousands of street children live in Jakarta. According to 
the Department of Social Affairs, 20,000 street children lived in the 
city in 1997. NGO's report that the number may have increased by more 
than 60 percent as a result of the economic crisis. The number of 
street children also grew elsewhere. Medan, Bandung, Surabaya, Ujung 
Pandang, and other cities also have substantial populations of street 
children. Street children sell newspapers, shine shoes, help to park or 
watch cars, and otherwise attempt to earn money. Many street children 
work under hazardous conditions as scavengers and garbage pickers and 
on fishing platforms and fishing boats. According to credible sources, 
there are several thousand children working in hazardous conditions on 
fishing platforms off the east coast of North Sumatra (see Section 
6.c.). Many thousands work in factories and fields (see Section 6.d.).
    Street children and child laborers in some cities have become 
organized and interested in protecting their rights. In July 
impoverished children from slums around Jakarta, with organizational 
help from NGO's, staged a large rally in Jakarta to mark National 
Children's Day to publicize their plight and urge the Government and 
private sector to do more to invest in their future. Similar rallies 
were staged marking the day in other cities.
    A number of local and international NGO's work with street 
children. NGO's have criticized the Government for making insufficient 
and inadequate efforts to help street children and working children. 
The Government is working in cooperation with the U.N. Development 
Program, UNICEF, the ILO, and with NGO's to create programs for street 
children and child laborers. One project incorporates many ideas 
generated by the NGO community, including establishing ``open houses'' 
in targeted areas that provide vocational training and basic education 
to street children. Efforts have been initiated to start open houses 
for street children in seven provinces.
    Another approach to the street children problem utilizes the 
National Program for Discipline and Clean Cities Decree. Under this 
program, street children are removed physically from cities by bus. 
Usually, they are taken outside the city and left there. Sometimes they 
are taken to ``holding houses'' where they are first interrogated and 
later released. NGO's criticize this practice as ineffective and 
inhumane.
    Child prostitution and other sexual abuses occur, but firm data are 
lacking. While there are laws designed to protect children from 
indecent activities, prostitution, and incest, the Government has made 
no special enforcement efforts in these areas. Although reliable 
nationwide statistics remain elusive, NGO findings indicate a growth 
trend in child prostitution and sexual exploitation. Instances of 
families in rural areas of Java and Sumatra being forced by economic 
circumstances to ``sell'' their daughters to local men continued to be 
reported. In June police uncovered a syndicate involved in trafficking 
young women, many below 18, to work in brothels on islands inRiau 
province, near Singapore (see Section 6.f.). Many of the women were 
hired under false pretenses. In July children's advocates warned of an 
increase in the number of teenage girls working as prostitutes in 
Surabaya, East Java. The increase, experts claimed, was primarily 
related to the economic downturn, but also to an increase in demand for 
young sex workers.
    A separate criminal justice system for juveniles does not exist. 
Ordinary courts handle juvenile crime, and juveniles often are 
imprisoned with adult offenders. A Juvenile Justice Law was passed by 
Parliament in 1996 and was signed by President Soeharto in 1997. It 
defines juveniles as children between the ages of 8 and 18 and 
establishes a special court system and criminal code for them; however, 
it has not yet been implemented.
    Female genital mutilation, which is widely condemned by 
international health experts as damaging to both physical and 
psychological health, is practiced in some parts of the country. The 
method varies depending on ethnic, cultural and religious tradition. 
However, the most prevalent practice is a ceremonial one that involves 
the pricking, scraping, or touching of the clitoris of a baby or young 
girl, often with the purpose of drawing several drops of blood. 
Sometimes, a plant root is used symbolically, and the girl is not 
touched. A more serious form of FGM involves the removal of the tip of 
the clitoris. Although reportedly still practiced in Madura, South 
Sulawesi, and other areas, this type of FGM appears to be declining, 
and there is disagreement about its prevalence. Since FGM is not 
regulated, and religious leaders have taken no formal position, the 
method used is often left up to the local traditional practitioner. FGM 
usually takes place within the first year after birth, often on the 
40th day, though it is done in some areas up to the age of 10. It is 
performed either at a hospital or, especially in rural areas, by the 
local traditional practitioner. There are no statistics available on 
FGM's prevalence.
    People with Disabilities.--During the year the U.N. estimated that 
5.43 percent of the population (about 10 million persons) in the 
country are disabled, while the Department of Social Affairs has 
estimated that 3 percent of the population (or 6 million persons) are 
disabled. Precise statistics are not available. Families often hide 
disabled family members to avoid social stigma or embarrassment. The 
disabled face considerable discrimination in employment, although some 
factories have made special efforts to hire disabled workers. Several 
provinces have established rehabilitation centers for the disabled. 
Disabled persons reportedly are taken off the streets by the 
authorities and brought to these centers for job training. Many 
disabled citizens beg for a living.
    NGO's are the primary providers of education for the disabled. 
There are 1,084 schools for the disabled; 680 are private, and 404 are 
government schools. Of the government schools, 165 are ``integrated,'' 
serving both regular and special education students. In Jakarta there 
are 98 schools for the disabled, 2 of which are government-run, and 96 
of which are private. The Government also runs three national schools 
for the visually, hearing, and mentally disabled. These schools accept 
children from throughout the country.
    A disability law was passed in 1997. The law strives to provide 
access to education, employment, and assistance for the disabled. It 
requires companies that employ over 100 persons to give 1 percent of 
their jobs to the disabled. The law mandates accessibility for the 
disabled to public facilities. However, virtually no buildings or 
public transportation have been designed with such accessibility in 
mind.
    The Constitution requires that the Government provide care for 
orphans and the disabled, but it does not specify how the term ``care'' 
should be defined, and the provision of education to all mentally and 
physically disabled children has never been inferred. Regulations 
specify that the Government establish and regulate a national 
curriculum for special education by stipulating that the ``community'' 
should provide special education services to its children.
    Indigenous People.--The Government considers the term ``indigenous 
people'' to be a misnomer, because it considers all Indonesians except 
ethnic Chinese to be indigenous. Nonetheless, it publicly recognizes 
the existence of several ``isolated communities,'' and that they have a 
right to participate fully in political and social life. The Government 
estimates that the number of persons in isolated communities is 1.5 
million. This includes, but is not limited to, groups such as the Dayak 
population in Kalimantan who live in remote forest areas, indigenous 
communities throughout Irian Jaya, and economically disadvantaged 
families living as sea nomads on boats near Riau in east Sumatra and 
near Ujung Pandangin southern Sulawesi. Critics maintain that the 
Government's approach is basically paternalistic and designed more to 
integrate indigenous people into society than to protect their 
traditional way of life. Human rights monitors criticize the 
Government's transmigration program for violating the rights of 
indigenous people (see Section 1.f.).
    In March representatives of indigenous communities held the first 
Indonesian Indigenous People's Congress (KMAN) to share experiences, 
criticize abuses, and share strategies. The Congress, sponsored by a 
consortium of domestic and international NGO's, drew more than 200 
participants. In a declaration at the end of the Congress, delegates 
called on the Government to respect indigenous groups' values and 
customs.
    Following the meeting, the National Human Rights Commission 
convened a meeting of key Congress participants and senior government 
officials. The new law on human rights also provides for protection of 
customary and indigenous rights.
    Sixty percent of the population of over 200 million persons lives 
in Java, which represents only 7 percent of the country's territory. 
The Government-sponsored transmigration program seeks to resettle 
persons from densely populated areas to sparsely populated areas 
outside Java. The majority of migrants are spontaneous migrants who are 
not part of the official program.
    Critics of transmigration claim that it often threatens indigenous 
cultures and sparks social envy. Some critics claim that it has been 
used as a political tool to inject nonindigenous persons into certain 
areas to ``Indonesianize'' these areas, in part to preclude 
secessionist movements. A senior government official has confirmed 
this. In some areas, such as in certain parts of Kalimantan, East 
Timor, and Irian Jaya, relations between transmigrants and indigenous 
people are hostile. NGO's also report tensions between transmigrated 
Javanese and indigenous populations in the Mentawai Islands off the 
west coast of Sumatra. Indigenous groups often complain that they 
receive less government support and funding than transmigrants, and 
transmigrants complain that in some cases they are moved to areas with 
inadequate infrastructure to support them and less than desirable land. 
Transmigrants also may be settled on land of disputed ownership.
    Acute tensions in West Kalimantan between the indigenous Dayak 
people and settlers from Madura, an island off the eastern coast of 
Java, escalated into violence that left hundreds dead in the spring. 
The violence was the culmination of over 30 years of conflict between 
the two communities, growing partly out of the Dayaks' perception that 
they were being marginalized in their native lands. The Madurese 
community in West Kalimantan grew around an earlier core of 
transmigrants, although the majority of Madurese in the area are 
spontaneous immigrants. Dayak-Madurese violence in the Sambas region 
north of Pontianak prompted tens of thousands of Madurese to flee for 
their lives. By early summer, more than 30,000 Madurese were encamped 
in squalid conditions in Pontianak, with apparently little hope of 
returning to their homes in Sambas. Thousands of Madurese displaced 
from Sambas remained in limbo at year's end. Thousands more returned to 
an uncertain future in Madura.
    The Government's emphasis on relatively rapid growth and 
development strategies, burgeoning urbanization, and aggressive 
government-backed commercial exploitation of natural resources results 
in continued tension over land tenure issues. That tension often is 
expressed along racial/ethnic lines as developers are frequently ethnic 
Chinese Indonesians. Land disputes represent the largest category of 
complaints submitted to the National Human Rights Commission and a 
significant portion of the cases brought to legal aid foundations and 
other legal assistance organizations.
    According to a law derived from colonial-era practices, all 
subsurface mineral resources belong to the Government. The Basic 
Agrarian Law states that land rights cannot be ``in conflict with 
national and state interests,'' which provides the Government with a 
broad legal basis for land seizures. When disputes cannot be settled 
the Government has the authority to define fair compensation for land. 
There are numerous instances of the use of intimidation, sometimes by 
the military, and often by hired ``thugs,'' to acquire land for 
development projects, particularly in areas claimed by indigenous 
people.
    Such intimidation has been used in Jakarta, other parts of Java, 
North Sumatra, Aceh, and other areas. Compensation paid for the land is 
often minimal or even nonexistent. According to credible sources in 
West Sumatra, large tracts of land in the province have been 
confiscated over the past several years by commercial plantation 
developers who paid bribes to the local governor. In some cases, NGO's 
report, farmers were evicted from the land without compensation to make 
way for new palm oil plantations staffed by Javanese transmigrants. 
Competition for land and resources remains acute in Sumatra.
    NGO's assert that violations of the rights of indigenous people are 
frequent in mining and logging areas and that violations stem from the 
State's denial of ownership by indigenous people of ancestral land, 
erosion of indigenous groups' traditional social structure, and forced 
takeover of land. These problems are most prevalent in Irian Jaya and 
Kalimantan.
    In Central Kalimantan, NGO's report that local residents have 
suffered as a result of projects to convert peat land into agricultural 
land for rice cultivation. Vast tracts of land have been designated as 
transmigration areas. Tens of thousands of indigenous people have been 
forced to cease their traditional farming and forest-based livelihoods. 
Many become poorly paid laborers on new agricultural projects.
    Bonded labor has become a problem for some Dayaks in East 
Kalimantan (see Section 6.c.). According to the ILO, on at least one 
project, a logging company established a company store in a remote 
area, where workers had to purchase necessities at inflated prices. 
Since the workers could not afford the prices, they bought the goods 
using vouchers representing future wages, thereby, according to the 
ILO, ``turning once independent and relatively well-off farmers into 
impoverished bonded laborers trapped in an ever-mounting cycle of 
debt.''
    Where indigenous people clash with private sector development 
projects, the developers almost always win. Decisions regarding 
development projects, resource-use concessions, and other economic 
activities generally are carried out without the participation or 
informed consent of the affected communities. Some NGO's that sought to 
aid these communities were subjected to verbal attacks, raids, and 
other forms of intimidation by government security forces.
    Tensions with indigenous people in Irian Jaya continued. Indigenous 
Irian Jaya residents complain of racism, religious bias, paternalism, 
and condescension as constant impediments to better relations with non-
Irianese people, including members of the Government, the military, and 
the non-Irianese business community. A large percentage of the 
population of Irian Jaya consists of migrants, who are economically and 
politically dominant. Most civil servants in local governments in Irian 
Jaya and other isolated areas continue to come primarily from other 
parts of Indonesia, rather than from the local indigenous population. 
Interethnic tensions flared in Manokwari in late September, when 
indigenous residents objected to the arrival of a boat carrying persons 
from East Timor and clashed with police at the harbor. The clash caused 
a crowd to go on a rampage through the town, during which police shot 
and killed one person, wounded three others, and arrested four. An 
argument between an indigenous resident in Timika and a shopkeeper from 
South Sulawesi led to rioting on September 30 and October 1 in which 
five persons died and eight persons were injured.
    Government policy toward Irian Jaya varied between dialog and 
unilateral measures that evoked opposition from residents of the 
province. On February 26, President Habibie met with 100 Irianese 
leaders as part of a ``National Dialogue on Irian Jaya'' based on terms 
of reference negotiated by Irianese and government representatives. The 
Irianese leaders gave the President a statement that the populace of 
West Papua (Irian Jaya) wished to separate from the Republic of 
Indonesia. President Habibie asked them to reflect further on their 
demands. The terms of reference for the national dialog provided for 
followup workshops on specific aspects of the dialog, but the workshops 
were not held as scheduled. In late July, 34 of the leaders who met 
with President Habibie signed a statement of ``reflections'' responding 
to the President's request in which they reiterated their desire for 
independence. In September the Parliament passed a package of laws that 
divided Irian Jaya into three provinces. When governors were sworn in 
for the two new provinces, there were very large demonstrations in 
Jayapura, Biak, Nabire, and Merauke to protest the division. After 
crowds occupied the governor's office and the provincial legislature, 
the governor and chairman of the legislature made public statements 
saying that they agreed with the public's rejection of the division. 
When Abdurrahman Wahid became President in late October, he put Vice 
President Megawati Sukarnoputri in charge of resolving issues related 
to Irian Jaya along with several other provinces. In late November, the 
Government announced that it would postpone division of Irian Jaya and 
would engage in dialog with the province on options for special 
autonomy. President Wahid went on a 2-day visit, beginning December 31, 
to the provincial capital, Jayapura, and to Merauke; during his visit 
Wahid announced that the name of the province would be changed to 
Papua.
    Irianese proindependence demonstrations and protests against 
government policies occasionally met with harsh responses from the 
security forces, who shot and killed four persons in separate incidents 
during the year, and wounded several others (see Sections 1.a. and 
1.c.). However, at other times security forces allowed large 
demonstrations to proceed peacefully,including demonstrations in 
Jayapura in February and August against past human rights violations, 
large gatherings in several cities to protest the division of Irian 
Jaya into three provinces, and peaceful demonstrations around Irian 
Jaya on December 1 in which persons raised Papuan independence flags 
(see Section 1.b.). In April the regional police commander from Irian 
Jaya issued an order banning activity to publicize (through town 
meetings) the results of the meeting between 100 Irianese leaders and 
President Habibie. The order also banned the formation of a ``West 
Papua National Youth Committee'' or any similar organization, and the 
establishment of ``command posts affiliated with separatist 
movements.'' In May police briefly detained and fined 74 persons in Fak 
Fak for alleged proindependence activity. Police questioned persons in 
Merauke (in March) and Kaimana (in September) for alleged 
proindependence activity. Police charged five persons in connection 
with the raising of an independent Papua flag in Jayapura on July 1. In 
August there were press reports that, based on a request from the armed 
forces commander, the Government banned travel outside of the country 
by five prominent Irianese (Thom Beanal, Reverend Benny Giay, Reverend 
Herman Awom, Octovianus Mote, and Willem Mandowen) (see Section 2.d.). 
The Government never officially confirmed the ban. In December police 
shot and wounded more than 50 demonstrators maintaining a vigil around 
an independence flag when they refused an order to disperse. One person 
died later the same day as a result of injuries sustained in the melee 
caused by the police action.
    The Free Papua Organization (OPM) abducted persons in May and July, 
killing four persons in May (see Sections 1.a. and 1.b.).
    In early August, KOMNASHAM sent a team to Irian Jaya to conduct a 
followup investigation of the July 1998 killings when security forces 
broke up a proindependence demonstration in Biak (see Section 1.a.). On 
August 25, the Commission issued a statement calling on the Government 
to create an independent commission to investigate human rights abuses 
in Irian Jaya, to abandon plans to proceed with the division of Irian 
Jaya into three provinces, to cancel the travel ban on five Irianese 
leaders, and to involve the Irianese in correcting policies they 
consider detrimental.
    A large foreign mining concession area near Timika continued to 
draw attention and controversy. In February the Government approved the 
company's request to increase production of ore to 300,000 tons per 
day, and the company announced that it would double the royalties that 
it pays on copper and gold produced in excess of 200,000 tons per day. 
In mid-September, two members of an international human rights 
assessment team came to Jakarta for a preliminary planning mission to 
prepare for an assessment of conditions in the area of the mine. They 
held meetings with KOMNASHAM and company representatives, then went to 
Irian Jaya with the intention of meeting with Indonesian team members 
in Jayapura and Timika. Once they arrived in Jayapura they were 
questioned by the police and ultimately placed on a plane back to 
Jayapura under police escort with a deportation order from the regional 
chief of police (see Section 4). After returning to Jakarta, members of 
the team met with KOMNASHAM and company management to resolve 
misunderstandings and prevent recurrence of the problems that occurred 
in Jayapura. It was agreed that national members of the assessment team 
would continue preparations for a subsequent visit by the entire 
assessment team.
    Religious Minorities.--During the year, there were instances of 
attacks on churches, temples, and other religious facilities, ranging 
in nature from minor vandalism to arson. There also were instances of 
preaching and publications against Christians, which led to concerns 
that societal support for religious tolerance was under pressure. 
Christian groups recorded 116 instances of attacks in which churches 
and other Christian facilities were closed, damaged, or burned during 
the year. The attacks ranged in severity from broken windowpanes to 
total destruction. The Government did not resolve fully many cases of 
attacks on religious facilities and churches that occurred during riots 
and, in other cases, did not investigate such incidents at all (see 
Section 2.c.).
    Attacks on churches clearly reflect religious tensions, but other 
contributing factors are underlying socioeconomic and political 
tensions between poor Muslims and relatively more affluent ethnic 
Chinese Christians.
    Some of the worst interreligious violence erupted in Maluku 
province in January and continued well into the year, spreading to 
neighboring islands (notably the Kai island chain). The fighting had 
both religious and ethnic overtones but principally involved Muslims--
both Muslims from the neighboring island of Sulawesi and Ambonese 
Muslims on one side--and Christians, mostly Protestants, on the other. 
More than 300 persons died and tens of thousands were displaced by the 
fighting in theearly part of the year (see Section 2.d.). Clashes began 
in the provincial capital of Ambon in January, then spread to other 
islands in the Maluku province. According to some Ambonese, the 
traditionally good relations between Christians and Muslims were 
strained due to the arrival of less integrated Muslim newcomers from 
other parts of the country, who threatened to upset the ethnic balance 
of the province. Economic competition between the two communities also 
appeared to play a role in the violence. Extensive damage resulted in 
Ambon, where houses, shops, and places of worship were burned and 
violent mobs fought, some armed with spears or machetes.
    Throughout the year, citizens were attacked, and in hundreds of 
cases killed, because of their religious identity in Ambon, Tual, and 
other parts of Maluku province in the eastern part of the country. 
According to Christian groups, at least 79 churches were attacked in 
Maluku during the year. Dozens of mosques also were targeted. As in 
other instances of interreligious violence, economic tensions between 
native Christians and Muslims who migrated to Maluku in recent decades 
were a significant factor. Christian and Muslim communities in Maluku 
blamed each other for initiating and perpetuating the violence. 
Exhaustive mediation efforts, including an initiative launched by the 
military in April, failed to secure a durable peace. Moreover, 
predominantly Muslim units dispatched from Sulawesi were accused of 
siding with Muslim vigilantes and using excessive force against 
Christians. Muslims on Ambon charged that the predominantly Christian 
police force also was acting with bias.
    Muslims are a religious minority in the easternmost province of 
Irian Jaya. Christian-Muslim tensions in Irian Jaya remain acute. Local 
sentiment against the efforts of Muslim missionaries to win converts in 
the predominantly Christian province, as well as resentment of the 
arrival in the province of mainly Muslim migrants from other parts of 
the country, has in the past led to attacks on mosques in Irian Jaya. 
However, there were no reports of attacks on mosques in Irian Jaya 
during the year.
    On April 19, a small bomb exploded in the Mesjid Istiqlal, the 
country's largest mosque, injuring six persons. An arson attack against 
a Catholic community center in Ujung Pandang, South Sulawesi early on 
April 20 reportedly was intended as retaliation for the mosque bombing.
    Beginning in January, a series of killings occurred in Ciamis, West 
Java. While some of the victims were alleged to practice traditional 
magic, there does not appear to have been a clear connection to that 
religious tradition as was the case in East Java, where such ``black 
magic'' figures were hunted down and killed. In Banyuwangi, East Java, 
killings of religious mystics by unknown elements, which began in mid-
1998, subsequently expanded to include Islamic figures and spread to 
neighboring districts. Scores of murders occurred. The motives and 
identities of those behind the killings remain obscure. Associates of 
the victims criticized the lack of police or military response and said 
that the attacks were politically motivated.
    During the early part of the year in West Kalimantan, fighting 
broke out between the indigenous population--Dayaks (mostly Christian 
or animist) and Malayu (mostly Muslim)--who clashed with Madurese 
migrants (Muslims). Again, ethnic differences and tensions between 
indigenous people and newcomers appeared to be the source of the 
conflict, rather than religious differences.
    National/Racial/Ethnic Minorities.--The Government officially 
promotes racial and ethnic tolerance. Ethnic Chinese, at approximately 
3 percent of the population--by far the largest nonindigenous minority 
group--historically have played a major role in the economy. In 1998 
anti-Chinese sentiment led to serious and widespread attacks on 
Chinese-owned businesses. During the year, the Government failed to 
followup on the recommendations of an officially sanctioned factfinding 
team commissioned to investigate the civil unrest that struck Jakarta 
and other cities in May 1998 (see Sections 1.a., 1.c., and 4). The 
team's report, issued in November 1998, found evidence that some 
elements of the military may have been involved in provoking the 
violence, which included attacks against Sino-Indonesian women, and 
urged further investigation of the matter. At least 85 instances of 
violence against women, including 66 rapes during the 1998 riots were 
verified. The majority of the victims were ethnic Chinese.
    Racially motivated attacks against ethnic Chinese citizens dropped 
sharply during the year, although Sino-Indonesians continued to report 
instances of discrimination.
    Since 1959 noncitizen ethnic Chinese have been denied the right to 
run businesses in rural areas. Regulations prohibit the operation of 
Chinese schools, formation of exclusively Chinesecultural groups or 
trade associations, and public display of Chinese characters, although 
Chinese characters are seen on some products. The Government permits 
the publication of a government-owned, Chinese-language daily 
newspaper, but otherwise legislation bans the import, sale or 
distribution of Chinese-language material (see Sections 1.f. and 2.a.). 
However, Chinese-language materials have begun to appear with greater 
frequency in Chinese neighborhoods in Jakarta and other cities. Since 
1994 the Government has allowed Chinese-language instruction for 
employees in the tourism industry, and has allowed distribution of 
locally printed Chinese-language tourist brochures, programs, and 
similar material to Chinese speaking tourists.
    Private instruction in Chinese generally is prohibited but takes 
place to a limited extent. The University of Indonesia offers Chinese-
language courses. State universities have informal quotas that limit 
the number of ethnic Chinese students. The law forbids the celebration 
of the Chinese New Year in temples or public places, but enforcement is 
limited. Chinese New Year decorations were displayed prominently and 
sold in public shopping areas in at least a few cities. Senior 
officials previously had shown reluctance to relax the ban on Chinese-
language publications, citing concerns that such an action could 
promote interracial tensions.
    Indigenous residents of Irian Jaya and various human rights groups 
charge that the Irianese are underrepresented in the civil service in 
that province. The Government has made some efforts to recruit more 
civil servants in Irian Jaya, and there has been some increase in the 
number of civil servant trainees for this province, despite a ``no 
growth'' policy for the civil service as a whole.
    During the pre-consultation period in East Timor, some 
prointegration militia groups asserted that persons of mixed Timorese-
Portuguese blood (which include prominent proindependence leaders like 
Mario Carrascalao), should be expelled from East Timor (see Sections 
1.a., 1.b., 1.c., 1.d., 2.d., and 3).
Section 6. Worker Rights
    a. The Right of Association.--Private sector workers are by law 
free to form worker organizations without prior authorization, and 
unions may draw up their own constitutions and rules and elect their 
representatives. In June 1998, the Government issued a new regulation 
on the registration of workers' organizations. The 1998 regulation 
eliminated numerical and other requirements that previously were a 
barrier to union registration. It provided for registration of unions 
at the factory, district, provincial, and national level and allowed 
unions to form federations and confederations. The regulation 
prohibited unions based on political orientation, religion, gender, or 
ethnic groups. The Department of Manpower issued a new registration 
regulation in September that eliminates this prohibition but requires 
that unions be open to all persons without reference to political 
orientation, religion, ethnicity, or gender. Under these registration 
regulation, at least 20 new or previously unrecognized unions have 
notified the Department of Manpower of their existence since 1998, and 
thousands of workplace-level units have registered with the Department 
of Manpower, although some unions have complained of difficulty in 
registering their workplace units.
    The Federation of All-Indonesian Trade Unions (SPSI), which was 
formed by the fusion (under the Government's direction) of existing 
labor organizations in 1973, is the oldest trade union organization. 
The head of the SPSI and many members of the executive council also are 
members of the Golkar political organization and its constituent 
functional groups. In August 1998, the SPSI leadership split over the 
issue of reforming the Federation's structure. Following the split, the 
Department of Manpower stated that it would no longer intervene in 
organizational disputes within trade unions or provide guidance to any 
unions.
    Under the Law on Manpower Affairs enacted in October 1997, workers 
may form unions on the basis of ``democratic consultation'' with other 
workers in the same company and may join with other unions to form 
sectoral and intersectoral federations. The law was scheduled to take 
effect on October 1, but in October 1998 Parliament amended it to 
postpone implementation until October 1, 2000 to allow time for 
revision, consultation with concerned groups, and preparation of 
implementing regulations.
    Although, as with other mass organizations, the Government may 
dissolve a union if it believes that the union is acting against 
Pancasila, it has never done so and there are no laws or regulations 
specifying procedures for union dissolution.
    The Minister of Home Affairs announced during the early part of the 
year that civil servants no longer would be required to belong to 
KORPRI, a nonunion association. Employees of several government 
departments announced that they would form their own employee 
associations, and union organizations began to seek members among civil 
servants. Unions also are seeking to organize state-owned enterprise 
(SOE) employees, defined to include those working in enterprises in 
which the State has a 5-percent holding or greater, although they have 
encountered some resistance from enterprise management and the legal 
basis for registering unions in SOE's remains unclear. Teachers must 
belong to the Teachers' Association (PGRI). While technically 
classified as a union, the PGRI continues to function more as a welfare 
organization and does not appear to have engaged in trade union 
activities such as collective bargaining. Mandatory PGRI contributions 
are deducted automatically from teachers' salaries.
    The Government announced late in 1995 its intention to relax a 
regulation requiring police approval for all meetings of five or more 
persons of all organizations outside offices or normal work sites. 
However, in practice this regulation continues to apply to union 
meetings. Permission routinely was given to the faction of the SPSI 
that retains strong links to the Golkar party leadership, but other 
labor organizations claim that local civilian and security officials on 
a number of occasions have discouraged or denied permission to their 
gatherings.
    In 1994 the International Confederation of Free Trade Unions lodged 
a formal complaint against the country with the ILO, accusing the 
Government of denying workers the right to set up unions of their own 
choosing, harassing independent workers' organizations, and of taking 
other actions contrary to ILO standards on freedom of association and 
the right to collective bargaining. In June the ILO Committee on 
Freedom of Association noted that a series of measures taken by the 
authorities over the past year had constitute ``significant progress'' 
with regard to freedom of association.
    While Pancasila principles call for labor-management differences to 
be settled by consensus, all organized workers except civil servants 
have the legal right to strike. State enterprise employees and teachers 
rarely exercise this right, but private sector strikes are frequent. 
Before a strike legally can occur in the private sector, the law 
requires intensive mediation by the Department of Manpower and prior 
notice of the intent to strike. However, no approval is required. In 
practice, dispute settlement procedures rarely are followed, and formal 
notice of the intent to strike rarely is given because Department of 
Manpower procedures are slow and have little credibility with workers. 
Therefore, sudden strikes tend to result from longstanding grievances, 
attempts by employers to prevent the formation of union branches, or 
denial of legally mandated benefits or rights. The Government has 
stated that it would address strike procedures and industrial dispute 
resolution in revising the 1997 Law on Manpower Affairs and in new 
legislation on dispute resolution.
    On January 5, as part of a rash of strikes and demonstrations in 
Surabaya against soaring inflation, approximately 4,000 utility workers 
blocked a major artery for 4.5 hours before dispersing. The largest 
strike involved an estimated 25,000 workers during a 2-week strike in 
February at a Surabaya manufacturing company over allowances for food, 
transportation, and attendance. According to press reports, security 
forces used tear gas, water canon, and rubber bullets after strikers 
threw stones at factory offices and nearby buildings. The strike was 
settled after company management agreed to an increase in allowances. 
In March security forces fired rubber bullets at striking workers at a 
plywood factory in Central Java after workers threw stones at company 
buildings, according to press reports. Eight workers were hospitalized 
with gunshot wounds. On May 25, an estimated 2,000 striking workers 
from a factory in the Tangerang industrial suburb of Jakarta blocked 
the main toll road west of Jakarta for several hours. The workers 
sought to dramatize their demands for an increase in pay and allowances 
and an end to sexual harassment of female workers. In July up to 9,000 
contract employees at a Caltex oil well complex in Sumatra went on 
strike over having been kept on permanent contract status. Police broke 
up their strike by shooting rubber bullets. Strikers stoned company 
offices and damaged structures. The strike was settled in August. A 
similar strike at an oil facility in East Kalimantan in October was 
resolved peacefully.
    For the first time in 3 years, the approach of the December Idul 
Fitri holiday, when required annual bonuses are paid (or sometimes not 
paid) caused a wave of strikes in the Jakarta area. Company and union 
representatives attribute the return of this ``strike season'' to the 
proliferation of unions, more confrontational and coordinated tactics 
by worker representatives, and a slightly improved economic climate 
that affords workers in some industries a measure of job security. A 
further complicating factor is the lack of clear rules forhandling 
jurisdictional disputes among unions. Some of the strikes turned 
violent, resulting in property damage.
    According to Human Rights Watch, on February 8 police arrested 
Endang Suparmono in Palembang, South Sumatra. Endang helped organize 
shrimp farmers from the village of Bumi Pratama Mandira in Ogan 
Komering Ilir, South Sumatra.
    Dita Indah Sari, head of the center for the struggle of Indonesian 
Workers (PPBI), Labor Wing of the People's Democratic Party (PRD), was 
released from the Tangerang Women's Prison in July. Dita initially was 
jailed in June 1996. In 1997 Dita was charged with subversion and given 
a 5-year sentence. The anti-Subversion law under which she was 
convicted was repealed in April (see Section 1.e.).
    The SPSI maintains international contacts but its only 
international trade union affiliation as a federation is with the 
Association of Southeast Asian Nations Trade Union Council. Some of the 
SPSI's federated sectoral unions are members of international trade 
secretariats. The independent Indonesian Prosperity Trade Union (SBSI) 
is affiliated with the World Confederation of Labor and some 
international trade union secretariats.
    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is provided for by law, and the Department of Manpower 
promotes it within the context of the national ideology, Pancasila. 
Until 1994 only recognized trade unions--the SPSI and its components--
could engage legally in collective bargaining. By issuing new 
regulations on union registration in 1998 and September, the Government 
made it possible for new workers' organizations that register with the 
Government to conclude legally binding agreements with employers. Under 
the union registration regulation signed in September, if there is more 
than one union represented in a company, a union or coalition of unions 
must have the support of a majority of workers in order to bargain or 
negotiate on their behalf.
    In companies without unions, the Government discourages workers 
from utilizing nongovernment outside assistance, e.g., during 
consultations with employers over company regulations. Instead, the 
Department of Manpower prefers that workers seek its assistance and 
believes that its role is to protect workers. However, there are 
credible reports that for many companies, consultations are perfunctory 
at best and usually only occur with management-selected workers; there 
also are credible reports to the contrary from foreign companies. 
According to government statistics, approximately 80 percent of the 
factory-level SPSI units have collective bargaining agreements. The 
degree to which these agreements are negotiated freely between unions 
and management without government interference varies. By regulation 
negotiations must be concluded within 30 days or be submitted to the 
Department of Manpower for mediation and conciliation or arbitration. 
Most negotiations are concluded within the 30-day period. Agreements 
are for 2 years and can be extended for 1 year.
    According to NGO's involved in labor issues, in current practice 
the provisions of collective bargaining agreements rarely go beyond the 
legal minimum standards established by the Government, and the 
agreements often merely are presented to worker representatives for 
signing rather than being negotiated. Although government regulations 
prohibit employers from discriminating against or harassing employees 
because of union membership, there are credible reports from union 
officials of employer retribution against union organizers, including 
firing, which is not prevented effectively or remedied in practice. 
Some employers reportedly have warned their employees against contact 
with union organizers. The SBSI documented 30 cases during the year in 
which companies violated their workers' right to organize by 
intimidating, punishing, or firing SBSI members because of their 
affiliation with the union or because they sought to organize SBSI 
units within their factories--a problem other labor organizations and 
activists have encountered in trying to form unions.
    Regional and national labor dispute resolution committees 
adjudicate charges of antiunion discrimination, and their decisions can 
be appealed to the State Administrative Court. In September 1997, the 
State Administrative Court reversed a National Labor Dispute Resolution 
Board ruling that ordered the Hong Kong Bank to reinstate 166 union 
members who went on strike, despite government regulations making it 
illegal to fire workers solely for striking or other union activity. 
Decisions such as this lead many union members to believe that the 
dispute resolution committees generally side with employers. As a 
result, workers frequently present their grievances directly to the 
National Human Rights Commission, Parliament, and NGO's. Administrative 
decisions in favor of dismissed workers tend to be monetary awards; 
workers rarely are reinstated. The law requires that employers obtain 
the approval of the Labor DisputeResolution Committee before firing 
workers, but the law often is ignored in practice.
    Commenting on antiunion discrimination and restrictions on the 
right to organize and bargain collectively, the ILO's Committee of 
Experts on the Application of Conventions and Recommendations in June 
1998 expressed the hope that the Government would take the necessary 
measures in the very near future to bring its legislation, including 
the 1997 Manpower Law, into conformity with ILO Convention 98 on the 
right to organize and bargain collectively.
    In 1996 the Minister of Manpower issued a new regulation permitting 
unions affiliated with the SPSI to collect union dues directly through 
the checkoff system, rather than having the Department of Manpower 
collect dues and transfer them to the SPSI. Implementation of this 
system remains uneven, but labor observers generally believe that it 
has given more power to factory-level union units where the checkoff 
system is practiced. Union officials at SPSI headquarters stated that 
not all local branches of the unions send a portion of dues collected 
to regional and central headquarters as provided in the SPSI's bylaws.
    A 1990 decree giving the BAKORSTANAS authority to intervene in 
strikes in the interest of political and social stability remains in 
effect. The police, as well as the military, continue to be involved in 
labor matters, although since the mid-1990's there has been a shift 
from open intervention and demonstrations of force by uniformed troops 
to less visible measures. On several occasions security forces fired on 
striking workers when strikes or workers' demonstrations became unruly 
(see Section 6.a.). In March according to NGO sources, police arrested 
17 workers and SBSI union representatives for planning a strike at a 
tire factory in Tangerang, and beat an SBSI official during 
interrogation. At year's end, two SBSI officials were on trial for 
``inciting'' workers at the factory. The SBSI documented eight other 
cases of police or military interference in labor matters during the 
year; three SBSI activists involved in these cases were under police 
detention at year's end (see Section 1.e.). In April police in Surabaya 
detained three members of the SPSI-Reformasi-affiliated Textile, 
Garment, and Footwear Workers Union for more than a week after a series 
of strikes at a textile factory. However, the most common form of 
military involvement in labor matters, according to union and NGO 
representatives, is a longstanding pattern of collusion between police 
and military personnel and employers, which usually takes the form of 
intimidation of workers by security personnel in civilian dress. The 
military also employs baiting tactics: infiltrating workers' ranks and 
encouraging protest or worker actions, sometimes attempting to provoke 
a violent worker action, to which the military then forcefully 
responds. Employer and union representatives also have complained about 
the ``invisible costs'' of corruption, which they and others estimate 
constitute up to 30 percent of a company's expenses.
    Labor law applies in export processing zones (EPZ's) as in the rest 
of the country, although nongovernmental observers believe that in 
practice enforcement of laws in EPZ's is weaker. There are seven EPZ's 
in the country. Batam Island, near Singapore, is the largest.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced labor, including forced and bonded labor by children, and the 
Government generally enforces it; however, forced and bonded labor by 
children remains a problem, and there also were instances of debt 
bondage of adults. There are credible reports that several thousand 
children are forced to work on fishing platforms (``jermals'') off the 
east coast of North Sumatra in conditions of bonded labor (see Sections 
6.d. and 6.f.). Most are recruited from farming communities, and once 
they arrive at the work site, miles offshore, they are held as virtual 
prisoners and are not permitted to leave for at least 3 months or until 
a replacement worker can be found. The children receive average monthly 
wages of $17 to $32 (119,000 to 224,000 Rp), well below the regional 
minimum wage. They live in isolation on the sea, work 12 to 20 hours 
per day in often dangerous conditions, and sleep in the workspace with 
no access to sanitary facilities. There are reports of physical, 
verbal, and sexual abuse of such children. In November 1997, the 
Department of Manpower issued a circular letter having the force of law 
that prohibits the hiring of persons under the age of 14 on fishing 
platforms. In April the Government ratified ILO Convention 105 on 
Forced Labor. The Government stopped issuing permits to build new 
jermals, and announced plans to physically remove children from the 
jermals and provide them with educational and economic alternatives 
(see Sections 6.d. and 6.f.). Jermals operate under the paid protection 
of national naval vessels; reportedly, the navy has a financial 
interest in some jermals. The program yielded modest success by year's 
end.
    In East Kalimantan a logging company reportedly traps Dayak 
laborers in a cycle of debt and turns them into bonded laborers (see 
Section 5).
    The TNI-supported militias (the Aitarak) in East Timor kept women 
as sex slaves in their Dili headquarters (see Sections 1.c., 2.d., 5, 
and 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Labor law prohibits children under the age of 15 from 
working more than 4 hours per day; however, government enforcement of 
child labor laws is weak or nonexistent. With one exception, there were 
no domestic efforts of significance to strengthen enforcement during 
the year. Up to 2.5 million children meet or exceed this daily limit, 
especially in the informal sector.
    Indonesia signed a memorandum of understanding with the ILO in 1992 
to guide collaboration under the ILO's International Program on the 
Elimination of Child Labor (IPEC). The Government and the ILO signed 
another memorandum of understanding on child labor in March 1997, 
committing both parties to ``promote conditions to enable the 
Government to protect working children and progressively prohibit, 
restrict and regulate child labor with a view to its ultimate 
elimination.'' In April the Government ratified ILO Convention 111 on 
discrimination, and Convention 138, which established a minimum working 
age of 15. Ratification of Convention 138 was a major step forward in 
that it formalized the Government's commitment to the principle of 
restricting child labor; however, the impact of ratification was not 
felt by year's end, as most children continued to work in unregulated 
environments. Although the ILO has sponsored training of labor 
inspectors on child labor matters under the IPEC program, enforcement 
remains lax.
    The Government acknowledges that there is a class of children who 
must work for socioeconomic reasons, and in 1987 the Minister of 
Manpower issued a regulation on ``Protection of Children Forced To 
Work.'' This regulation legalized the employment of children under the 
age of 14 who must work to contribute to the income of their families. 
It required parental consent, prohibits dangerous or difficult work, 
limits work to 4 hours daily, and requires employers to report the 
number of children working under its provisions. It did not set a 
minimum age for children in this category, effectively superseding the 
colonial-era government ordinance of 1925 on ``Measures Limiting Child 
Labor and Nightwork of Women.'' Both regulations presumably were 
superseded by the ratification of ILO Convention 138.
    The Government prohibits forced and bonded labor by children, but 
does not enforce this prohibition effectively (see Section 6.c.).
    The 1997 Manpower Law prohibited employers from hiring children 
under the age of 15; however, employers may hire children who are 
forced for economic reasons to work. The Manpower Law currently is 
undergoing revisions. The 1997 law stated that adolescents (ages 15 to 
17) cannot work during certain hours of the night, below ground, in 
mines, or in jobs that would have an adverse effect on morality, such 
as in entertainment facilities. Employers, especially in the informal 
sector have long flouted labor law as it pertains to children. This 
practice has increased since the economic crisis struck in 1997.
    According to government labor force data, most working children 
work in the agricultural sector, although the number of working 
children in urban areas has risen significantly with urbanization. A 
prominent NGO estimated in 1998 that 1.92 million children worked more 
than 4 hours per day. Of this number, 1.67 million worked in rural 
areas and 249,000 worked in urban areas. According to the NGO's 
estimates, boy workers outnumbered girl workers in the rural areas: 
1.01 million boys worked and 662,000 girls worked. By contrast, girls 
outnumbered boys in the urban areas: 119,402 boys worked and 130,000 
girls worked.
    More child laborers work in the informal sector than the formal 
sector. Where children work in the formal sector, such work tends to 
occur on the border line between the informal and formal economies, 
such as alongside their parents in home enterprises and on plantations, 
and in family-owned shops and small factories, particularly those that 
are satellites of large industries. There are children working in large 
factories, although the number is unknown, especially since documents 
verifying age are falsified easily. In the informal sector, children 
sell newspapers, shine shoes, help to park or watch cars, and otherwise 
earn money. Many children work in hazardous conditions as scavengers 
and garbage pickers, and on fishing platforms and fishing boats.
    In February after years of negative publicity, the Government 
launched an initiative to eliminate child labor on fishing platforms 
off the coast of North Sumatra (see Sections 6.c. and 6.f.). In the 
past, NGO's had estimated that up to 3,000 children worked on the 
isolated platforms, known as ``jermals'' under inhumane and dangerous 
conditions. Children working on jermals performed exhausting and 
dangerous work for low pay. They are isolated from families and peers, 
and may be subject to physical and sexual abuse. As part of the 
initiative launched in February, the Government stopped issuing permits 
to build new jermals, and announced plans to remove physically children 
from the jermals and provide the children with educational and economic 
alternatives. Toward year's end, the program had yielded some modest 
success. NGO's reported that at least 150 children had been removed 
from jermals, but the program lacked funding to provide all of the 
children with sustainable alternatives on shore; thousands more still 
work on the jermals, and the active kidnaping/recruiting still is 
continuing, i.e., the system remains in place and is functioning.
    Many domestic workers are female children under the age of 15. 
Although accurate figures are unavailable, estimates put the number of 
child domestic workers at up to 1.5 million. Observers agree that this 
number increased in 1998 as a result of the economic crisis. A survey 
done in 1995 revealed that these children work long hours, receive low 
pay, generally are unaware of their rights, and often are far from 
their families.
    A 1994 law raised compulsory education from 6 to 9 years, but the 
law has not been implemented fully due to inadequate school facilities 
and lack of family financial resources to support children staying in 
school. One prominent NGO reported that 8 million children had dropped 
out of primary school after the economic crisis began in 1997. Some 
employers hire children because they are easier than adults to manage 
and tend not to organize or make demands on employers. Children working 
in factories usually work the same number of hours as adults. Children 
work in the rattan and wood furniture industries, the garment industry, 
the footwear industry, food processing, toy making, and small mining 
operations, among others.
    e. Acceptable Conditions of Work.--There is no national minimum 
wage. Rather, area wage councils working under the supervision of the 
National Wage Council establish minimum wages for regions and basic 
needs figures for each province--a monetary amount considered 
sufficient to enable a single worker to meet the basic needs of 
nutrition, clothing, and shelter. The Government increased the average 
minimum wage 70 percent (when adjusted for inflation) between 1992 and 
1997. However, the high inflation rate in 1998 depressed sharply the 
purchasing power of the minimum wage, and it is not sufficient to meet 
the government-determined ``minimum living need'' for a single person, 
much less a family. After the latest minimum wage increases in April, 
which averaged 16 percent nationwide, the average minimum wage was 
equal to 70 percent of the government-determined ``minimum living 
need'' for a single person, down from 95 percent in 1997. In Jakarta 
the monthly minimum wage is about $33 (231,000 Rp). There are no 
reliable statistics on the number of employers paying at least the 
minimum wage. Independent observers' estimates range between 30 and 60 
percent. Enforcement of minimum wage and other labor regulations 
remains inadequate, and sanctions are light, although the new Manpower 
Law increased penalties for not paying the minimum wage from about $14 
(100,000 Rp) to $28,600 (200,000,000 Rp). According to government 
figures, 38 companies applied for relief from the minimum wage 
increases on the ground that they would otherwise close. The Department 
of Manpower granted 2 of the applications and denied the other 36 
requests.
    Labor law and ministerial regulations provide workers with a 
variety of other benefits, such as social security, and workers in more 
modern facilities often receive health benefits, free meals, and 
transportation. The law establishes 7- or 8-hour workdays and a 40-hour 
workweek, with one 30-minute rest period for each 4 hours of work.
    The law also requires 1 day of rest weekly. The daily overtime rate 
is 1.5 times the normal hourly rate for the first hour, and 2 times the 
hourly rate for additional overtime. Regulations allow employers to 
deviate from the normal work hours upon request to the Minister of 
Manpower and with the agreement of the employee. Workers in industries 
that produce retail goods for export frequently work overtime to 
fulfill contract quotas. Observance of laws regulating benefits and 
labor standards varies from sector to sector and by region. Employer 
violations of legal requirements are fairly common and often result in 
strikes and employee protests. The Department of Manpower continues 
publicly to urge employers to comply with the law. However, in general, 
government enforcement and supervision of labor standards are weak.
    Both law and regulations provide for minimum standards of 
industrial health and safety. In January 1997, the Governmentannounced 
a new occupational safety and health management system under which 
companies with more than 100 employees could obtain public recognition 
of their compliance with safety and health standards by submitting to a 
safety audit procedure. In the largely Western-operated oil sector, 
safety and health programs function reasonably well. However, in the 
country's 100,000 larger registered companies outside the oil sector, 
the quality of occupational health and safety programs varies greatly. 
The enforcement of health and safety standards is hampered severely by 
the limited number of qualified Department of Manpower inspectors, as 
well as by the low level of employee appreciation for sound health and 
safety practices. Allegations of corruption on the part of inspectors 
are common. Workers are obligated to report hazardous working 
conditions. Employers are forbidden by law from retaliating against 
those who do, but the law is not enforced effectively. As a result, 
workers who remove themselves from hazardous working conditions may 
risk loss of employment.
    f. Trafficking in Persons.--The country is a source, transit point, 
and destination for trafficked women and children for the purpose of 
prostitution and sometimes for forced labor.
    There are credible reports of trafficking in women and of temporary 
``contract marriages'' with foreigners in certain areas, such as 
Kalimantan and Sumatra, though the extent of this practice is unclear. 
These marriages are not considered legal, and the children born from 
them are considered born out of wedlock. Prostitution is widespread. 
Official statistics show 75,106 registered prostitutes in 1999, up from 
72,000 in 1995. NGO's estimate that there may be as many as 650,000 
prostitutes in the country. While an increase in prostitution since the 
economic crisis has not been documented thoroughly, the sex trade is 
widely believed to have increased sharply as women hurt by the economic 
crisis seek means of support for their families.
    Prostitution rackets are known to engage in internal trafficking of 
women, some of whom may be minors, in different regions of the country. 
One tactic commonly employed is to offer young women in rural areas 
jobs as ``waitresses'' in distant regions, typically at island resorts. 
Only when the new recruits arrive at the site do they learn that they 
have been recruited as sex workers. In some instances, women are held 
forcibly at the brothels or are prevented from leaving the island. In 
other cases, in the absence of travel funds, and facing other economic 
pressures, the women find no option other than to accept the work. 
Islands in Riau province such as Tandjung Balai, just southwest of 
Singapore, have been identified as centers of prostitution, attracting 
an international clientele. In June police uncovered a syndicate 
involved in trafficking young women, many below age 18, to work in 
brothels on islands in Riau province. However, the domestic sex 
industry is not limited to Riau province.
    Although reliable nationwide statistics are not available, NGO 
findings indicate a growth trend in child prostitution and sexual 
exploitation. An ILO study on prostitution in Southeast Asia released 
in August 1998 estimated that the country's sex industry makes up 0.8 
to 2.4 percent of the country's GDP. Instances of families in rural 
areas of Java and Sumatra being forced by economic circumstances to 
``sell'' their daughters to local men continued to be reported. In July 
children's advocates warned of an increase in the number of teenage 
girls working as prostitutes in Surabaya, East Java. The increase, 
experts claimed, was related primarily to the economic downturn, but 
also to an increase in demand for young sex workers. NGO's report that 
the brothels in these locations thrive on customers from Singapore and 
Malaysia. There were numerous international media reports that over 40 
East Timorese children were flown from refugee camps in West Timor and 
possibly others for the domestic sex trade. The TNI-supported militias 
(the Aitarak) in East Timor kept women as sex slaves in their Dili 
headquarters (see Sections 1.c., 2.d., 5, and 6.c.).
    NGO's and the media report that women and girls are trafficked to 
Malaysia (particularly to Sabah and Borneo), Taiwan, and Japan as sex 
workers. In addition some government officials believe that women are 
trafficked as prostitutes to Saudi Arabia. However, little is known 
about trafficking methods used to transport sex workers overseas, and 
there is very little data available on the extent of the phenomenon.
    Trafficking in children for forced labor, particularly onto 
``jermals'' (fishing platforms) off the coast of North Sumatra, is an 
extensive problem (see Sections 6.c. and 6.d.).
    Hundreds of thousands of women are exported abroad to work as 
domestic servants. Importing countries include Singapore, Hong Kong, 
and the Arabian Gulf states. In numerous cases, these women may be 
subjected to a process fitting common definitions of trafficking. Women 
recruited as domestic servants for export sometimes are abused and held 
against their will by recruitingagencies even before they depart the 
country. Late payment and lower than expected salaries are the most 
common complaints among women working abroad, but complaints about 
extreme working conditions and severe physical and sexual abuse also 
are common. The Government, prompted by negative publicity and NGO 
efforts, has taken steps to improve practices at home and to step up 
consular protection for citizens working abroad; however, many women 
remain vulnerable. In contrast to NGO assertions, a consortium of labor 
recruiters insists that horror stories are the exception rather than 
the rule.
    Some government agencies, as well as local and international NGO's, 
are involved in combating trafficking in women and children, in its 
various forms; however, corrupt government officials, both at the 
policy level and at the working level, historically have contributed to 
the process. With regard to internal trafficking and the sex trade, 
government responses have been sporadic and localized. In a well-
published incident in October 1998, more than 100 young women from West 
Java were rescued by authorities after having been recruited under 
false pretenses, and forced to work on an island in Riau province, just 
south of Singapore. This rescue was initiated by police in West Java, 
acting on complaints from the young women's families, and carried out 
in cooperation with authorities in Riau. Nonetheless, the sex industry 
continues to flourish on Tanjung Balai and other resort islands in Riau 
province, relying at least in part on coercive recruitment practices.
    There are no reports of recent national law enforcement or policy 
initiatives to address the internal sex trade in a comprehensive 
manner. Government efforts to combat the problem are sporadic, 
relatively small-scale, and of limited effectiveness. NGO's allege that 
there still is considerable reluctance to acknowledge, both within the 
country at large and within the Government, that prostitution is a 
major industry.
    Domestic NGO's lead the fight in monitoring and prevention efforts. 
At least a dozen NGO's generally are active in combating trafficking in 
persons. The Indonesian Women's Association for Justice (APIK) 
facilitates public awareness programs in Jakarta to sensitize young 
women to the dangers of trafficking. The Indonesian Child Advocacy 
Foundation (LAAI) and the City Social Worker Group (KKSP) advocate on 
the specific case of child employment on jermal fishing platforms in 
North Sumatra. Mitra Perempuan operates a hot line to record and help 
abused women. The Indonesian Child Welfare Foundation (YKAI) issues 
anecdotal reports on trafficking occurrences.
                                 ______
                                 

                                 JAPAN

    Japan is a parliamentary democracy based on the 1947 Constitution. 
Sovereignty is vested in the people, and the Emperor is defined as the 
symbol of state. Executive power is exercised by a cabinet, composed of 
a prime minister and ministers of state, which is responsible to the 
Diet, a two-house parliament. The Diet, elected by universal suffrage 
and secret ballot, designates the Prime Minister, who must be a member 
of that body. The Liberal Democratic Party (LDP), Liberal Party, and 
the Komeito Party formed the current Government in October. The 
judiciary is independent.
    A well-organized and disciplined police force generally respects 
the human rights of the populace and is firmly under the control of the 
civil authorities. However, there continued to be credible reports that 
police committed some human rights abuses.
    The industrialized free market economy is highly efficient and 
competitive in world markets and provides residents with a high 
standard of living.
    The Government generally respected the human rights of its 
citizens; however, there continued to be problems in several areas. 
There continued to be some credible reports that police physically and 
psychologically abused prisoners and detainees. Officials sometimes are 
dismissed for such abuse but seldom are tried, convicted, and 
imprisoned. Violence against women and children, child prostitution, 
and trafficking in women are problems. Women, the Ainu (Japan's 
indigenous people), the Burakumin (a group whose members historically 
are treated as outcasts), and alien residents experience varying 
degrees of societal discrimination, some of it severe and longstanding. 
The Ministry of Justice handles complaints of discrimination by issuing 
instructions recommending that such practices be avoided. However, the 
Ministry's Human Rights Defense Bureau has a small staff and limited 
investigative or enforcement powers. Since the administrative system 
for combating human rights violations is weak, many cases end up in 
court.
    The Justice Ministry's Human Rights Commission continued to work on 
a 5-year mandate to develop measures to educate citizens with regard to 
human rights violations. The Commission also is tasked with advising 
the Education Ministry and the Management and Coordination Agency on 
how to educate citizens about the importance of respecting human 
rights. In July the Commission submitted a report calling for greater 
attention to human rights education, particularly at the municipal 
level. The Commission cited a number of ongoing human rights problems, 
including sexual harassment, violence in the home, and discrimination 
against the elderly, the disabled, minorities, and foreigners. The 
panel is to submit recommendations on relief measures by 2002.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    Cases still are pending in district courts against 8 senior members 
of the Aum Shinrikyo cult for the killing of 12 persons on the Tokyo 
subways in 1995.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution provides for freedom from torture and 
cruel, inhuman, or degrading treatment or punishment; however, reports 
by several Japanese bar associations, human rights groups, and some 
prisoners indicate that police sometimes use physical violence, 
including kicking and beating, as well as psychological intimidation, 
to obtain confessions from suspects in custody or to enforce 
discipline. There are also scattered allegations of beatings of 
detainees in immigration detention facilities. Despite a 1998 court 
ruling that police beat a suspect in custody in Kanagawa, as of 
September no disciplinary action has been taken against the policemen 
involved in the incident. In July Japan ratified the U.N. Convention 
Against Cruel, Inhuman, or Degrading Punishment.
    In Japan confession is regarded as the first step in the 
rehabilitative process. Although under the Constitution no criminal 
suspect can be compelled to make a self-incriminating confession, 
roughly 90 percent of all criminal cases going to trial include 
confessions, reflecting the priority the system places on admissions of 
guilt. The Government points out that the high percentage of 
confessions, like the high conviction rate, is reflective of a higher 
standard of evidence needed to bring about indictment in the Japanese 
system. Since a system ofarraignment does not exist, a suspect, if 
indicted, is brought to trial even if that person has confessed to the 
crime. This process results in a higher conviction rate than would 
otherwise be the case. There are persistent allegations of coerced 
confessions.
    Appellate courts have overturned several convictions in recent 
years on the grounds that they were obtained as a result of forced 
confessions. In addition civil and criminal suits alleging abuse during 
interrogation and detention have been brought against some police and 
prosecution officials.
    Some human rights groups allege that physical restraints, such as 
leather handcuffs, have been used as a form of punishment and that some 
prisoners have been forced to eat and relieve themselves unassisted 
while wearing these restraints. Ministry of Justice officials state 
that restraints are used inside the prison only when prisoners have 
been violent and pose a threat to themselves and others, or when there 
is concern that a prisoner might attempt to escape. In 1998 the Tokyo 
District Court ruled that the use of metal and leather handcuffs was 
not a violation of the Constitution.
    Prison conditions meet most minimum international standards; 
however, prisons in most areas of the country are not heated, and 
prisoners are given only minimal additional clothing to protect 
themselves against cold weather. There have been cases of frostbite 
among the prison population. The Ministry of Justice requested funding 
in August to install heaters in prison cells nationwide. Many foreign 
inmates complain that the quantity of food is insufficient and that 
they are constantly hungry. Prisoners may not purchase or be given 
supplementary food. The authorities read letters to and from prisoners, 
and the letters may be censored, or, with a court order, confiscated. 
All visits with convicted offenders, including visits by legal 
representatives, are monitored, and prisoners are discouraged strongly 
from complaining about conditions. Prison officials claim that the ``no 
complaining'' rule is designed to keep family members from worrying 
about their loved ones. For the same reason, the Justice Ministry 
usually does not inform a condemned inmate's family prior to the 
person's execution.
    The Japanese Federation of Bar Associations and human rights groups 
have criticized the prison system, with its emphasis on strict 
discipline and obedience to numerous arbitrary rules. Prison rules 
remain confidential. Wardens are provided broad leeway in enforcing 
punishments selectively, including ``minorsolitary confinement,'' which 
may be imposed for a minimum of 1 and not more than 60 days and in 
which the prisoner is made to sit (for foreigners) or kneel (for 
Japanese) motionless in the middle of an empty cell. In April a 
District Court in Hokkaido dismissed a suit filed by an inmate who was 
kept in solitary confinement for over 13 years.
    The Government restricts access to prisons and detention facilities 
by human rights groups.
    d. Arbitrary Arrest, Detention, or Exile.--Constitutional 
provisions for freedom from arbitrary arrest or imprisonment generally 
are respected in practice. The law provides for judicial determination 
of the legality of detention. Persons may not be detained without 
charge, and prosecuting authorities must be prepared to demonstrate 
before trial that probable cause exists in order to detain the accused. 
Under the Code of Criminal Procedure, a suspect may be held in police 
custody for up to 72 hours without judicial proceedings. A judge may 
extend preindictment custody by up to 20 additional days based on a 
prosecutor's application. These extensions are sought and granted 
routinely. If an indictment follows, the suspect is transferred to a 
criminal detention facility.
    During the preindictment phase, under the Criminal Procedure Code, 
police and prosecutors have the power to control and may limit access 
by legal counsel when deemed necessary for the sake of the 
investigation. Counsel may not be present during interrogations at any 
time before or after indictment. As a court-appointed attorney is not 
approved until after indictment, suspects must rely on their own 
resources to hire an attorney before indictment, although local bar 
associations may provide detainees with one free counseling session. 
Critics charge that access to counsel is limited both in duration and 
frequency; the Government denies that this is the case. An attorney is 
provided at government expense after indictment if the arrested person 
cannot afford one. In 1997 presentencing bail was available in 15.6 
percent of cases.
    Human rights groups have criticized the continued detention of 
Yoshihiro Yasuda, chief legal counsel to Aum Shinrikyo cult leader 
Shoko Asahara. The Tokyo District Court denied a March request for 
bail. Amnesty International alleges that Yasuda's arrest, on charges of 
financial irregularities, called into question the ability of Asahara, 
who is facing charges stemming from his cult's 1995 subway gas attack, 
to receive a fair trial.
    Bar associations and human rights groups have criticized the use of 
a ``substitute prison system'' for prisoners awaiting court hearings. 
Although the law stipulates that suspects should be held in ``houses of 
detention'' between arrest and sentencing, a police detention facility 
may be substituted at the order of the court. This provision originally 
was added to cover a shortage of normal detention facilities. According 
to the most recent Ministry of Justice White Paper on Crime, published 
in 1995, normal detention facilities were filled to 53 percent of 
capacity in 1994. Critics charge that allowing suspects to be detained 
by the same authorities who interrogate them heightens the potential 
for abuse and coercion. The Government counters that adequate 
safeguards to prevent abuse, including strong judicial oversight, were 
built into the system. A 1997 Justice Ministry regulation permits 
detention house officials to limit the amount of documentation related 
to ongoing court cases retained by prisoners.
    The length of time before a suspect is brought to trial depends on 
the nature of the crime but rarely exceeds 3 months from the date of 
arrest; the average is 1 to 2 months.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The judiciary is independent and 
free from executive branch interference. The Cabinet appoints judges 
for 10-year terms, which can be renewed until judges reach the age of 
65. Justices of the Supreme Court can serve until the age of 70 but 
face periodic review through popular referendums.
    There are several levels of courts, including high courts, district 
courts, family courts, and summary courts, with the Supreme Court 
serving as the highest judicial authority. Normally a trial begins at 
the district court level, and a verdict may be appealed to a higher 
court, and ultimately, to the Supreme Court.
    The Government respects in practice the constitutional provisions 
for the right to a speedy and public trial by an impartial tribunal in 
all criminal cases. Although most criminal trials are completed within 
a reasonable length of time, cases also may take several years to work 
their way through the trial and appeals process. For example, more than 
4 years after the Aum Shinrikyo cult's sarin gas attack in the Tokyo 
subway killed12 persons, the trials of cult leader Shoko Asahara and 7 
other cult leaders are still underway. During the year, 13 others were 
convicted for their parts in the subway attack. Four were sentenced to 
punishments ranging from 3 years' imprisonment to death. In July 
Masahiro Tominaga was sentenced to 18 years in jail for the 1994 
attempted murder of a lawyer and other crimes. More than 20 years after 
court proceedings were first initiated, in March 1998, the Kobe 
District Court for the second time acquitted a former teacher accused 
of a child's murder. The teacher initially was indicted in 1977. The 
prosecution appealed the first not-guilty verdict in 1985, and the 
Osaka High Court had ordered a retrial. There were no developments 
regarding this case during the year, although the Kobe district public 
prosecutor's office again is appealing the verdict. Critics note that 
the case has dragged on longer than the 13-year prison sentence the 
prosecution originally sought and longer than the 15-year statute of 
limitations on murder cases.
    There is no trial by jury. The defendant is informed of the charges 
upon arrest and assured a public trial by an independent civilian court 
with defense counsel and the right of cross-examination. The 
Constitution provides defendants with the right not to be compelled to 
testify against themselves as well as to free and private access to 
counsel. However, the Government contends that the right to consult 
with attorneys is not an absolute one and can be restricted if such 
restriction is compatible with the spirit of the Constitution. Access 
is sometimes abridged in practice. For example the law allows 
prosecutors to control access to counsel before indictment, and there 
are persistent allegations of coerced confessions (see Section 1.c.). 
Defendants are protected from the retroactive application of laws and 
have the right of access to incriminating evidence after a formal 
indictment has been made. However, the law does not require full 
disclosure by prosecutors, and material that the prosecution does not 
use in court may be suppressed. Critics claim that legal 
representatives of defendants do not always have access to all relevant 
material in the police record needed to prepare their defense. A 
defendant who is dissatisfied with the decision of a trial court of 
first instance may, within the period prescribed by law, appeal to a 
higher court.
    No guidelines mandate the acceptable quality of communications 
between judges, lawyers, and non-Japanese speaking defendants, although 
the Supreme Court publishes handbooks explaining the legal procedures 
and terms for court interpreters. No standard licensing or 
qualification system for certifying court interpreters exists, and a 
trial may proceed even if the accused does not understand what is 
happening or being said. Human rights groups allege that there is a 
chronic shortage of qualified court interpreters, particularly for non-
English speaking defendants in rural areas. Foreign prisoners 
frequently claim that police urge them to sign statements in Japanese 
that they cannot read and that the police interpreter cannot translate 
adequately.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--Under the Constitution, each search or seizure must be 
made upon a separate warrant issued by a judge. Standards for issuing 
such warrants exist to guard against arbitrary searches. An opposition 
Diet member filed a complaint in July with the Tokyo Public 
Prosecutor's office alleging that police wiretapped his telephone. A 
wiretapping law passed by the Diet in August established strict 
guidelines for the use of wiretapping and imposed penalties for the 
unsanctioned use of wiretaps by police authorities.
    In 1997 the Government acknowledged that nearly 16,500 disabled 
women were sterilized without their consent between 1949 and 1992. In 
its acknowledgment the Government stated that it did not plan to 
apologize or pay compensation to these women or to further investigate 
the program, despite the demands of the National Federation for the 
Mentally Handicapped and several other groups representing women and 
the disabled. A Ministry of Health official said that no apology was 
planned because the procedure was legal at the time. The Eugenic 
Protection Law, revoked only in 1996, allowed doctors to sterilize 
persons with mental or physical disabilities or certain hereditary 
diseases without their consent, after the approval of committees 
appointed by local governments. Women's and disabled persons advocacy 
groups still are pressing for a government investigation into all 
sterilization cases and for a formal apology and compensation.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government respects these 
rights in practice. An independent press, an effective judiciary, and a 
functioningdemocratic political system combine to ensure freedom of 
speech and of the press.
    However, recent cases appear to indicate that certain types of 
professionals, such as teachers and jurists, are subject to limitations 
on their freedom of speech. In August the Education Ministry asserted 
that the Government retains the right under the Local Public Service 
law to punish teachers who refuse to teach the official meaning of the 
lyrics to Japan's national anthem, ``Kimi ga Yo.'' In July an 
elementary school music teacher in Tokyo received a reprimand for 
refusing to play the anthem at a school graduation ceremony. In 
December 1998, the Supreme Court upheld the reprimand of a judge who 
took part in a meeting organized by a citizen's group opposed to a 
wiretapping bill, citing the Court Law, which bans judges from engaging 
in ``aggressive political activity,'' on the grounds that the judge's 
presence at the meeting ``created a clear impression there is a judge 
opposing the bill.'' According to a Supreme Court official, this was 
the first case of a judge being reprimanded for political activity.
    Academic freedom is protected, except in the case of school 
textbooks. The Education Ministry has the authority to censor or order 
revisions to elementary, middle, and high school textbooks. In 1997 the 
Supreme Court ruled that state censorship of textbooks did not violate 
the constitutional provisions for freedom of expression. In June the 
Education Ministry cautioned five textbook publishers to show greater 
respect for Japan's flag and anthem in their next editions.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and the Government 
respects these rights in practice.
    c. Freedom of Religion.--Freedom of religion and the separation of 
state and religion are provided for in the Constitution and are 
respected in practice. While Buddhism and Shintoism are the two major 
religions, there are many others, including several Christian 
denominations. Some temples and shrines continue to receive public 
support as national historic or cultural sites. However, this situation 
may change in the wake of a 1997 Supreme Court ruling that a 
prefectural government may not contribute public money to only one 
religious organization, if the donations supported, encouraged, and 
promoted a specific religious group. In 1998 the Kochi District Court 
ruled that using village government money to repair two Shinto shrines 
was tantamount to allocating public funds to a religious group and 
therefore unconstitutional.
    The Government does not require that religious groups be licensed. 
However, to receive official recognition as a religious organization, 
which brings tax benefits and other advantages, a group must register 
with local or national authorities as a ``religious corporation.'' In 
practice almost all religious groups register. Following the 1995 Aum 
Shinrikyo terrorist attacks, a 1995 amendment to the Religious 
Corporation Law gave government authorities increased oversight of 
religious groups and required greater disclosure of financial assets by 
religious corporations. The amendment allows authorities to more 
effectively monitor the operations of registered religious 
corporations. The Ministry of Education's Cultural Affairs Agency 
estimates that nearly 5,000 religious groups appear dormant. In 1998 a 
district court ordered the dissolution of a registered Shinto religious 
group that had been dormant since 1982. This was the first time that a 
court had approved a request by the Education Ministry to dissolve a 
religious group since the Religious Corporation Law went into effect in 
1951.
    In 1998 the Nagoya High Court upheld a lower court ruling ordering 
the Toyama prefectural government to pay monetary damages to 88 
followers of a Buddhist sect for violating their rights by ignoring for 
more than 10 years their application for certification as a religious 
sect.
    The only religion under active government surveillance is the Aum 
Shinrikyo cult. Aum Shinrikyo lost its legal status as a religious 
organization in 1996 following the indictment of several cult members. 
In May 1998, a court sentenced Ikuo Hayashi, a leader of the Aum 
Shinrikyo cult, to life imprisonment for the killing of 12 persons in 
that incident. In October 1998, a court sentenced to death another 
leader of the Aum Shinrikyo cult, Kazuaki Okazaki, for the 1989 
killings of four persons, including an antisect lawyer, his wife, and 
their 1-year-old son. Cases still are pending in district courts 
against eight senior Aum members, including cult leader Shoko Asahara. 
During the year, 13 members of the cult were convicted for taking part 
in the subway gas attack and other criminal activities and given 
sentences ranging from 3 years in jail to death. In response to reports 
of increased cult fundraising and recruitment activities, local police 
and communities have taken measures against cult members and chapters 
including denying residency permits to cultleader Asahara's children. 
In December the Diet passed a set of bills that allow the authorities 
to crack down on the group and force it to pay compensation to victims 
of its past crimes.
    Members of the Unification Church and Jehovah's Witnesses have 
alleged that police do not act in response to allegations of forced 
deprogramming of church members. They also claim that police do not 
enforce the laws against kidnaping when the victim is held by family 
members, asserting that Unification Church members are subjected to 
prolonged arbitrary detention by individuals, who are not charged by 
police.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Citizens have the right to travel freely 
both within the country and abroad, to change their place of residence, 
to emigrate, and to repatriate voluntarily. Citizenship may be 
forfeited by naturalization in a foreign country or by failure of 
persons born with dual nationality to elect Japanese citizenship at the 
required age.
    Asylum and refugee policy is in accordance with the 1951 U.N. 
Convention Relating to the Status of Refugees and its 1967 Protocol. In 
recent years, the Government has granted asylum to those claiming fear 
of persecution if they return to their homeland in only a small number 
of cases. It believes that most persons seeking asylum in the country 
do so for economic reasons. According to the U.N. High Commissioner for 
Refugees (UNHCR), Japan granted asylum to only 15 persons (4.3 percent 
of applicants) in 1998.
    The Government has shown flexibility in dealing with visa 
extensions for Chinese student dissidents, although it continues to be 
reluctant to grant permanent asylum. Burmese asylum applicants have 
complained that asylum cases can go on pending for years without a 
formal decision.
    The Government's 60-day rule requires applicants to appear at an 
immigration office within 60 days of arrival or within 60 days of 
learning that they are likely to be persecuted in their home country. 
Individuals who do not present their applications within the 60-day 
time frame due to extenuating circumstances may apply for an exception. 
An alien who is recognized as a refugee has access to educational 
facilities, public relief and aid, and social welfare benefits. An 
alien who is denied refugee status may appeal the decision to the 
Ministry of Justice. Rejected applicants also may take their cases to 
court if Ministry authorities do not recognize their objections. In an 
effort to make procedures clearer to applicants, the Government 
distributes an English-language pamphlet to those interested in the 
asylum process.
    While the Government sometimes grants first asylum, there are no 
standard procedures established, and the Justice Ministry and the 
Foreign Affairs Ministry jointly decide upon such grants on a case-by-
case basis. In response to a 1998 appeal by the UNHCR, the Justice 
Ministry in May reversed an earlier decision to deny asylum to a group 
of Burmese prodemocracy activists. In April 1998, a pregnant Chinese 
woman accused of illegally entering the country filed for refugee 
status on the grounds that she would be forced to undergo an abortion 
if she returned to China, in accordance with China's one-child family 
policy. In July 1998, the Matsue District Court rejected the 
prosecution's request that she be imprisoned for 1 year for illegal 
entry. After her release from detention, the women gave birth, 
abandoned the child, and went into hiding.
    There were no reports that persons were forced to return to a 
country where they feared persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to change their government peacefully and 
are able to exercise this right in practice through frequent, free, and 
fair elections on the basis of universal suffrage by secret ballot. In 
1998 the Diet granted citizens living overseas the right to vote for 
candidates in national elections in races based on proportional 
representation. In August the Diet extended this privilege to fishermen 
and mariners.
    A parliamentary democracy, Japan is governed by the political party 
or parties able to form a majority in the lower house of its bicameral 
Diet. The Liberal Democratic Party, the Liberal Party, and the Komeito 
Party formed the current Government in October.
    There are no legal impediments to women's participation in 
government and politics, but cultural attitudes are not favorable to 
their participation, and they are underrepresented in both areas. As of 
August, women held 24 seats in the 500-member lower house of the Diet 
(4.8 percent), and 43 seats in the upper house(17.1 percent), the 
highest number since 1950. There is 1 woman in the 18-member Cabinet.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of local and international human rights organizations 
function freely, without governmental restrictions or impediments, 
investigating and publishing their findings on human rights cases. 
Government officials generally are cooperative and responsive to their 
views, although the Government restricts access to prisons and 
detention facilities by human rights groups (see Section 1.c.).
    The Justice Ministry's Human Rights Commission continued to work on 
a 5-year mandate to develop measures to educate citizens with regard to 
human rights violations. The Commission also is tasked with advising 
the Education Ministry and Management and Coordination Agency on how to 
educate citizens about the importance of respecting human rights. In 
July the Commission submitted a report calling for greater attention to 
human rights education, particularly at the municipal level. The 
Commission cited a number of ongoing human rights problems, including 
sexual harassment, violence in the home, and discrimination against the 
elderly, the disabled, minorities, and foreigners. The panel is to 
submit recommendations on relief measures by 2002.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination on the basis of race, 
creed, sex, social status, or family origin, and, in general, the 
Government respects these provisions.
    Women.--According to a 1998 report from the Prime Minister's Office 
of Gender Equality, there were 1,755 rapes and 4,398 indecent assaults 
reported in 1997, down slightly from previous years. However, violence 
against women, particularly domestic violence, often may go unreported 
due to social and cultural concerns about shaming one's family or 
endangering the reputation of one's spouse or offspring. Typically, 
victimized women return to the home of their parents rather than file 
reports with the authorities. Therefore, National Police Agency 
statistics on violence against women undoubtedly understate the scope 
of the current situation. According to a survey conducted by the Prime 
Minister's Office in 1998, one in three women reported some form of 
physical abuse in the home. Frequent complaints by female commuters 
that they have been groped or otherwise molested on crowded trains led 
the Tokyo Metropolitan Police Department to set up special molestation 
complaint offices at three Tokyo train stations. Many local governments 
are responding positively to a need for confidential assistance by 
establishing special women's consultation departments in police and 
prefectural offices.
    According to the Ministry of Justice, there were 126,982 foreign 
women who overstayed their visas in 1998. Trafficking in women is a 
problem (see Section 6.f.).
    A revision to the 1997 Equal Employment Opportunity (EEO) Law 
intended to address problems of sexual harassment and discrimination 
against women went into effect in April. Sexual harassment in the 
workplace is widespread, as evidenced by a 1996 report compiled by the 
Japanese Trade Union Confederation (RENGO) in which 40 percent of 
working women reported that they had experienced some form of sexual 
harassment. According to the survey, 2 percent of respondents said that 
they were forced to have a sexual relationship. A 1997 survey by the 
Ministry of Labor's working group on the implementation of the revised 
EEO Law reported that 62 percent of women claimed to been experienced 
at least one act of sexual harassment. The revised EEO Law includes 
measures to identify companies that fail to prevent sexual harassment, 
although it does not include punitive measures to enforce compliance. 
The new law's only penalty is that names of companies that practice 
sexual discrimination can be publicized. The Ministry of Labor does not 
enforce compliance through fines or other punitive penalties. Also in 
1997, the Government revised the Labor Standards Law to allow an 
arbitration committee to initiate procedures to help ensure the rights 
of female workers at the worker's request, without first having to 
obtain approval from both management and the worker's union.
    Despite public awareness of discrimination against women and sexual 
harassment, there is no indication that incidents of discrimination and 
sexual harassment are decreasing. Women make up 40 percent of the labor 
force, and women between the ages of 15 and 64 have a labor force 
participation rate of 51 percent. According to a National Personnel 
Authority survey conducted in the winter of 1997, roughly 36 percent of 
female civil servants reported being sexually harassed by their direct 
superiors, and over 50 percent reported being harassed by supervisors 
of othersections. One in six women said that their bosses had pressured 
them into a sexual relationship. More than 20 percent of the women 
surveyed said that they were unable to work efficiently as a result of 
harassment and wanted to move to another office or change jobs. 
However, according to a Management and Coordination Agency survey 
conducted in 1996, 93 percent of companies surveyed had not taken any 
preventive measures against sexual harassment. Seventy-five percent of 
the firms stated that they felt no need to take such measures. In March 
1998, the National Personnel Authority distributed 60,000 pamphlets to 
civil servants in all ministries and agencies in an effort to curb 
sexual harassment at government offices. A growing number of government 
entities are establishing hot lines and designating ombudsmen to handle 
complaints of discrimination and sexual harassment.
    In December the governor of Osaka, Isamu Yamada, resigned when 
prosecutors filed charges against him for molesting a 21-year-old 
campaign worker. The court ordered him to pay the campaign worker 
$107,000 (11,235,000 yen), which was the largest award ever in the 
country in a sexual harassment suit. Women's groups viewed the result 
as a positive step forward in the effort to combat sexual harassment.
    The Constitution prohibits sexual discrimination and provides for 
individual dignity and the essential equality of the sexes in the 
family. The Labor Standards Law forbids wage discrimination against 
women. Under the revised EEO Law, women may work overtime shifts for 
the first time.
    Although the law prohibits wage discrimination against women, in 
1997 female workers on average earned only 63 percent of average male 
earnings. Much of this disparity results from the ``two-track'' 
personnel administration system found in most larger companies. Under 
this system, newly hired employees are put into one of two categories: 
Managerial track (those engaged in planning and decisionmaking jobs and 
with the potential to become top executives), or clerical track (those 
engaged in general office work). According to an April survey by the 
Prime Minister's Office, women held 9.3 percent of managerial 
positions. A 1998 Labor Ministry survey found that 42.2 percent of 
companies with two-track systems stated they considered both men and 
women for managerial track positions. According to the National 
Personnel Authority, as of 1995 women made up 16 percent of all 
national government workers, but held only 4 percent of top (director 
level and higher) government posts. According to the Home Ministry, 
women constituted 31 percent of all local government workers but held 
only 3 percent of top local government positions. In July the Osaka 
District Court awarded $273,000 (30 million yen) to a woman for wage 
discrimination over a 16-year period. Female workers have suffered 
disproportionately from the continued sluggishness of the economy. A 
1998 survey by the Ministry of Labor found that the job placement rate 
for female college graduates was 90.5 percent, compared with 94.6 
percent for men.
    In addition to discrimination, the traditional male/female division 
of labor at home places disproportionate burdens on working women. 
According to a 1997 report from the Prime Minister's Office on Gender 
Equality, women perform 90 percent of the housework and child rearing, 
while men do 10 percent. The report found that there was little 
difference in the time spent on housework by men whose wives had jobs 
and those whose wives did not work outside the home.
    In 1997 the Government acknowledged that nearly 16,500 disabled 
women were sterilized without their consent between 1949 and 1992 but 
refused to apologize or pay compensation to those women (see Section 
1.f.).
    In 1993 the government spokesperson publicly acknowledged and 
apologized for the former Imperial Government's involvement in the 
army's practice of forcing as many as 200,000 women (including Koreans, 
Filipinos, Chinese, Indonesians, Dutch, and Japanese) to provide sex to 
soldiers between 1932 and 1945. The Government consistently refused to 
pay government compensation to individual victims, arguing that postwar 
treaties already settled all war claims.
    The ``Asian Women's Fund,'' (AWF) was established in 1995 as a 
private, government-sponsored fund to compensate former ``comfort 
women.'' The AWF supports three types of projects: Providing direct 
compensation payments to individual victims; providing medical and 
welfare assistance to individual comfort women; and funding projects to 
improve the general status of women and girls. Projects in the first 
category are funded by private donations, while the second and third 
types of projects are financed by the Government and administered by 
the AWF. As of August, the AWF had collected donations totaling 
approximately $4.36 million (480 million yen) and given lump-sum 
payments of almost $18,200 (2 million yen) each and a letter of apology 
signed by the Prime Minister to more than 130 women. These women also 
received medical and welfare assistance from the AWF. In 1998 the AWF 
reached an agreement with a Dutch affiliate to start compensation 
payments to former Dutch comfort women. Governmentofficials estimate 
that up to 100 Dutch women were forced to provide sexual services 
during World War II.
    The Government's refusal to take more than ``moral responsibility'' 
and to pay direct compensation continues to draw international 
criticism. In July nine former comfort women from Taiwan filed a suit 
demanding $99,000 (10 million yen) each directly from the Japanese 
Government as compensation for being forced to provide services. 
Similar suits previously have been filed by women from China, Korea, 
and the Philippines. In 1998 the Yamaguchi District Court ordered the 
Government to pay $2,542 (300,000 yen) in state compensation to three 
Korean former sex slaves for neglecting its constitutional duty to 
enact compensation legislation following the Government's 1993 
admission. However, the Court denied the plaintiffs' demand for an 
official government apology.
    This was the first court judgment rendered in favor of foreign war 
victims. Five other cases concerning former comfort women are pending 
in Tokyo District Court. The plaintiffs are seeking $169,492 (20 
million yen) each in damages and an official apology from the 
Government. In May 1998, the South Korean Government made a lump-sum 
payment of $27,072 (35.6 million won) each to over 130 documented 
Korean victims on condition that they not receive redress from the AWF 
(although more than 10 of these victims accepted AWF money afterwards). 
The South Korean program excluded the seven Korean women who had 
already received compensation from the AWF. The AWF project was 
suspended in South Korea in July 1998 and remains suspended.
    In August 1998, the U.N. Subcommission on Prevention of 
Discrimination and Protection of Minorities issued a report that 
included a recommendation that the Government provide state 
compensation to these women and prosecute those responsible for setting 
up and operating ``comfort stations'' during World War II. In March a 
committee of the International Labor Organization called on the 
Government to take swift measures to compensate former comfort women. 
In August a subcommittee of the U.N. Commission on Human Rights issued 
a nonbinding resolution calling for governments to pay compensation for 
wartime slavery even when subsequent international agreements absolve 
bilateral claims. The Foreign Ministry interprets the resolution as 
referring only to acts subsequent to the subcommittee's decision.
    Children.--The Government is committed to children's rights and 
welfare, and in general, the rights of children are protected 
adequately. Boys and girls have equal access to health care and other 
public services. Education is free and compulsory through the lower 
secondary level. Education is free and universally available at the 
upper secondary level through the age of 18.
    In recent years, both the Government and society in general 
appeared to take a lenient attitude toward teenage prostitution and 
dating for money, which may or may not have involved sexual activities. 
However, in May the Diet passed a law, which went into effect in 
November, banning sex with children under age 18 as well as the 
production, sale, or distribution of child pornography. The law was 
passed following heightened public attention to a growing problem of 
teenage prostitution and international criticism over Japan's lax laws 
on child pornography. According to National Police Agency statistics, 
40 percent of the over 3,000 pornographic Internet sites based in Japan 
contained images of minors. In 1998 INTERPOL estimated that 80 percent 
of Internet sites with child pornography originate in Japan.
    In 1998 the U.N. Committee on the Rights of the Child recommended 
that Japanese children be protected from corporal punishment and 
bullying at school and from exposure to violence and pornography in the 
media and on the Internet.
    In August 1998, the Government revised the law regulating ``adult'' 
entertainment to require operators of pornographic home pages and 
suppliers of images to register with local safety commissions and to 
ban offering such pages to persons under the age of 18. The revisions 
took effect in April.
    In July parents of a middle school student alleged that two 
teachers severely beat their daughter after falsely accusing her of 
committing an infraction off campus. According to a 1998 Management and 
Coordination Agency study, one in three elementary and junior high 
school students has been bullied, but more than one-third of the 
victims did not report the bullying to anyone. Education experts 
suggest that pressures at home and school to excel academically may be 
contributing to the increase in student violence and long-term (30 days 
or more) absenteeism. In 1994 the Ministry of Justice established the 
Office of the Ombudsman for Children's Rights to cope with bullying and 
other children's issues. In addition to compiling statistics on 
bullying andconsulting with various groups concerned with children's 
welfare, the Office of the Ombudsman provides counseling services for 
children 18 years of age and younger who have been victims of bullying.
    In recent years, the problem of severe bullying, or ``ijime,'' has 
received greater public attention. At elementary and junior high 
schools, bullying most often involves verbal abuse, with physical abuse 
occurring more often at the high school level. However, because many 
cases go unreported, it is difficult to determine the exact number. 
Teachers also increasingly are becoming the targets of student 
violence.
    Public attention also is focused increasingly on reports of 
frequent child abuse in the home. An August survey by a social welfare 
organization reported that 40 percent of mothers committed abuse or 
acts bordering on abuse against their children. A June report by the 
Ministry of Health and Welfare found that from 1992 to 1996, 328 
children died of abuse or neglect. A separate report by the Ministry 
released in March warned that recent cuts in funding by local 
governments to centers handling child abuse cases was exacerbating the 
problem, particularly since caseloads at counseling centers nearly 
doubled from 1988 to 1996.
    Under juvenile law, juvenile suspects are tried in family court and 
are not allowed a retrial. Family court proceedings are not open to the 
public, a policy that has been criticized by family members of juvenile 
crime victims. The number of juveniles arrested or taken into 
protective custody in 1998 was up 3.1 percent, according to the 
National Police Agency, despite a drop in the overall juvenile 
population. Criminal offenses committed by those under age 14, who are 
exempt from criminal liability, rose by 4.4 percent. Minors accounted 
for nearly half of all crimes committed in 1998. In March the Cabinet 
endorsed a proposal to revise the Juvenile Law to allow public 
prosecutors, who previously were barred from family court proceedings, 
to try serious cases in family court, and to appeal family court 
decisions to a higher court.
    People with Disabilities.--The law does not mandate accessibility 
to buildings for the disabled; however, 1994 legislation on 
construction standards for public facilities allows operators of 
hospitals, theaters, hotels, and similar enterprises to receive low-
interest loans and tax breaks if they build wide entrances and 
elevators to accommodate those with disabilities. There are an 
estimated 2.9 million physically disabled and roughly 2 million 
mentally disabled persons. Although not generally subject to overt 
discrimination in employment, education, or in the provision of other 
state services, the disabled face limited access to public 
transportation, ``mainstream'' public education, and other facilities. 
Under civil law, persons with hearing problems or speech impediments 
cannot create valid wills because they cannot ``convey orally'' to a 
notary the contents of a will or affirm that the text the notary reads 
back to them is correct.
    The Deliberation Panel on the Employment of the Handicapped, which 
operates within the Ministry of Labor, has mandated since 1976 that 
private companies with 300 or more employees hire a fixed minimum 
proportion of disabled persons. The penalty for noncompliance is a 
fine. A 1998 cabinet directive ordered private companies to raise the 
proportion of physically disabled persons in their work force from 1.6 
to 1.8 percent and raised the percentage of disabled persons among 
civil servants from 2 to 2.1 percent. However, there is evidence that 
only half the companies covered by the directive comply with the law. 
The ongoing economic recession hit disabled employees particularly 
hard, with the number fired from their jobs increasing by 40 percent in 
1998 over the previous year.
    An amendment to the Law to Promote the Employment of the 
Handicapped to include the mentally disabled took effect in 1998. The 
amendment also loosened the licensing requirements for community 
support centers that promote employment for the disabled, and it 
introduced government subsidies for the employment of mentally disabled 
persons in part-time jobs. In 1997 a former factory owner in Ibaraki 
prefecture who had received generous government subsidies was sentenced 
to 3 years' imprisonment for physically abusing mentally disabled 
workers at his plant and for withholding portions of their salaries. A 
March survey by a disabled citizens support group showed that 44 
percent of the staff at homes for mentally disabled persons admitted to 
mistreating those under their care.
    In 1995 the Headquarters for Promoting the Welfare of Disabled 
Persons, set up by the Prime Minister's Office, recommended that 
municipalities draw up formal plans for the care of disabled citizens 
by the end of March 1997. In 1996 the Ministry of Health and Welfare 
also instructed local governments to set numerical targets for the 
number of home help providers and care facilities allocated to the 
disabled. However, according tonewspaper reports, only one-third of the 
nation's municipalities currently have formal care plans for disabled 
citizens.
    In 1997 the Government acknowledged that nearly 16,500 disabled 
women were sterilized without their consent between 1949 and 1992 but 
refused to apologize or pay compensation to those women (see Section 
1.f.).
    Indigenous People.--The Ainu are a people descended from the first 
inhabitants of Japan. The Ainu Association of Hokkaido estimates their 
total number at 50,000, less than 0.05 percent of the country's 124 
million population. Almost all Ainu live on Hokkaido, the northernmost 
of the country's four main islands. Their primary occupations are 
fishing, small-scale farming, and jobs in the tourism industry. Under 
an 1899 law, the Government pursued a policy of forced assimilation, 
imposing mandatory Japanese-language education and denying the Ainu 
their right to continue traditional practices. The law also left the 
Ainu with control of only approximately 0.15 percent of their original 
land holdings.
    In 1993 two Ainu filed a suit against the Government, challenging 
its right to expropriate their land, which the Ainu consider sacred, to 
build a dam. In 1997 the Sapporo District Court ruled that the 
Government had expropriated the land illegally, but did not order the 
Government to return the land to the plaintiffs because the dam already 
had been completed. However, the Court ruled that the Ainu were a 
minority aboriginal race.
    Ainu Diet member Shigeru Kayano was instrumental in the Diet's 
passage of the Law To Promote Ainu Culture in 1997. The law officially 
recognized the Ainu as an ethnic minority and required all prefectural 
governments to develop basic programs for promoting Ainu culture and 
traditions. It canceled a series of previous laws that discriminated 
against the Ainu, including the 1899 law. With the new law, the 
Government for the first time acknowledged the existence of an ethnic 
minority in the country. However, the law stopped short of recognizing 
the Ainu as the indigenous people of Hokkaido, and also failed to 
address whether they deserved special rights as a distinct ethnic 
group. The new law did not mandate civil rights protection for the 
Ainu. A nonbinding accompanying resolution referred to the Ainu as a 
legal Japanese minority. A 1998 report submitted by the U.N. Special 
Rapporteur to the 16th U.N. Working Group on Indigenous Populations 
stated that the Ainu had never entered into a consensual juridical 
relationship with any state and stated that the lack of such an 
agreement deprived them of their rights. Many Ainu criticize the Law to 
Promote Ainu Culture for not advancing Ainu political rights and 
criticize the Government for not providing funds for noncultural 
activities that would improve Ainu living conditions or financial 
status.
    The Ainu continue to face societal discrimination while engaging in 
an uphill struggle against complete assimilation. An Ainu-language 
newspaper was established in 1997. In April 1998, a local Hokkaido 
radio station began broadcasting a weekly 15-minute Ainu-language 
program. In July 1998, the Japan Ainu Association, a nationwide 
organization of Ainu, was established to lobby the Government for 
economic assistance and greater social welfare benefits for Ainu 
throughout the country.
    National/Racial/Ethnic Minorities.--The ethnocentric nature of 
Japanese society, reinforced by a high degree of cultural and ethnic 
homogeneity and a history of isolation from other cultures, impedes the 
integration of minority groups. This primarily affects Burakumin, 
Koreans, and alien workers.
    The Burakumin (descendants of feudal era ``outcasts'' who practiced 
``unclean'' professions such as butchering and undertaking), although 
not subject to governmental discrimination, are frequently victims of 
entrenched societal discrimination, including restricted access to 
housing and employment opportunities. They are estimated to number 
approximately 3 million, but most prefer to hide their identity. 
Beginning in 1969, the Government introduced with some success a number 
of social, economic, and legal programs designed to improve conditions 
for the Burakumin and hasten their assimilation into mainstream 
society. However, in recent years, some within the Burakumin community 
have questioned whether assimilation is an appropriate goal. When the 
basic legislation to provide funding for Burakumin programs expired in 
1997, the Government enacted legislation effective for 5 years that 
retains 15 of the original 45 programs for Buraku communities. One of 
these programs is aimed at completing housing plans already in 
progress.
    In 1997 the Buraku Liberation League rewrote its manifesto for the 
first time in 13 years, placing less emphasis on class struggle and 
more emphasis on civil rights, social welfare, and the environment. The 
new platform also replaced the term Burakumin (hamlet people) with 
Buraku Jumin (hamlet residents),to try to debunk the false concept that 
these people are a different race from other Japanese. The platform was 
adopted at a national convention.
    According to the Ministry of Justice, there were nearly 1.5 million 
legal foreign residents as of December 31, 1997, accounting for 1.18 
percent of the population. Of these approximately 645,400 were ethnic 
Koreans, followed by 252,200 Chinese, and 233,300 Brazilians. The 
number of Korean residents has been decreasing steadily as Korean 
nationals naturalize or marry Japanese, which allows their children to 
gain Japanese citizenship automatically. Despite improvements in legal 
safeguards against discrimination, Korean permanent residents (most of 
whom were born, raised, and educated in Japan) still are subject to 
various forms of deeply entrenched societal discrimination.
    By law aliens with 5 years of continuous residence are eligible for 
naturalization and the simultaneous acquisition of citizenship rights, 
including the right to vote. However, in practice most eligible aliens 
choose not to apply for citizenship, in part due to fears that their 
cultural identity thereby would be lost. Obstacles to naturalization 
include broad discretion available to adjudicating officers and great 
emphasis on Japanese language ability. Naturalization procedures also 
require an extensive background check, including inquiries into the 
applicant's economic status and assimilation into Japanese society. 
Koreans are given the option of adopting a Japanese surname. There have 
been allegations in the media that applications are turned down 
routinely. The Government defends its naturalization procedures as 
being necessary to ensure the smooth assimilation of foreigners into 
Japanese society. Alien permanent residents may live abroad up to 5 
years without losing their right to permanent residence.
    In 1995 the Supreme Court ruled that the Constitution does not bar 
permanent foreign residents from voting in local elections. However, 
the Court also ruled that existing laws denying voting rights to 
foreign residents are not unconstitutional. In February the Osaka High 
Court rejected an appeal by 43 Korean permanent residents demanding the 
right to vote in local elections, stating that any decision on voting 
rights for foreign residents should be made by the national Government. 
In March the Osaka Prefectural Assembly passed a measure granting 
permanent residents local suffrage, becoming the third prefecture to 
pass such a bill.
    Under the School Education Law, students attending Chinese, Korean, 
or other non-Japanese schools are not eligible to take national 
university examinations. However, in August the Education Ministry 
announced that beginning in 2001, graduates of non-Japanese schools 
would be eligible to take national university examinations if they pass 
a state-run high school equivalency test. Although a number of local 
governments provide subsidies to Korean schools, the central Government 
does not.
    In 1993 the Government halted the fingerprinting of permanent 
foreign residents, and in August the Diet passed a revised law to end 
the practice officially. Instead of fingerprinting, the Government 
established a family registry system that uses the resident's picture 
and signature and contains information on parents and spouses living in 
the country, a system similar to that used for Japanese nationals. All 
foreign residents still are required to carry alien registration 
certificates at all times, but the revised law reduces the penalties 
imposed on those found without documentation. In June two Korean 
residents returned their residency cards to protest the law's failure 
to fully eliminate the alien card requirement.
    In 1953 the Government decreed that public servants with 
administrative authority and the ability to influence public opinion 
must be Japanese. Noncitizens were prohibited from taking examinations 
for local government positions. Nevertheless, some municipal 
governments began lifting restrictions on noncitizen civil servants. In 
1996 the Home Affairs Ministry reversed the long-held national policy 
of opposition to localities lifting the nationality clause and 
instructed local governments to decide at their own discretion. 
However, the Ministry instructed local governments to restrict 
noncitizens' access to jobs that involved the exercise of public 
authority and formation of public opinion. The directive also required 
local governments to clearly state which jobs were closed to 
noncitizens. Some of the jobs considered off limits include tax 
collection, construction permit issuance, sanitation inspection, and 
firefighting.
    Several local governments already have changed their rules in 
response to the Government's new position. In 1997 the cities of 
Kawasaki, Yokohama, Osaka, Kobe, and Hisai, and Kanagawa and Koichi 
Prefectures opened many jobs to noncitizens. The Osaka municipal 
government introduced new guidelines allowing noncitizens with 
permanent residency to take jobs in 276 fields, including public 
relations, engineering, and social welfare services. Under the new 
guidelines, noncitizens can be promotedto section chief or higher 
within the specified fields. In 1998 the Hakodate municipal government 
announced that in fiscal year 1999 it would allow foreign residents to 
take employment tests for all city jobs except firefighters. According 
to a 1997 joint survey conducted by the All Japan Prefectural and 
Municipal Workers Union and the Korean Residents Association in Japan, 
19.8 percent of local governments still forbid the hiring of 
noncitizens.
    Critics complain that opening some but not all jobs to noncitizens 
perpetuates institutional discrimination and the perception that 
noncitizen residents cannot be trusted to act in the community's best 
interest. The system also allows each local government to develop it 
own rules without uniformity being imposed by the national Government.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of workers to associate freely in unions. Approximately 12 
million workers, 22 percent of all employees, belong to labor unions. 
Unions are free of government control and influence. Most unions are 
involved in political activity as well as labor relations, but they are 
not controlled by political parties. The Japanese Trade Union 
Confederation, which represents 7.6 million workers and was formed in 
1989 through the merger of several confederations, is the largest labor 
organization. There is no requirement for a single trade union 
structure, and there are no restrictions on who may be a union 
official. Members of the armed forces, police, and firefighters are not 
permitted to form unions or to strike. These restrictions have led to a 
long-running dispute before the International Labor Organization's 
(ILO) Committee on the Application of Conventions and Recommendations 
over observance of ILO Convention 98 concerning the right to organize 
and bargain collectively. The Committee has observed that these public 
employees have a limited capacity to participate in the process of 
determining their wages and again in November asked the Government to 
consider any measures it could take to encourage negotiations with 
public employees.
    The right to strike, implicit in the Constitution, is exercised. 
During 1998 105,000 workdays involving 42,000 employees were lost to 
strikes. The law prohibits retribution against strikers and is enforced 
effectively. Public employees do not have the right to strike.
    Unions are free to affiliate internationally and are active in 
international bodies, most notably the International Confederation of 
Free Trade Unions, and maintain extensive international contacts.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides unions with the right to organize, bargain, and 
act collectively. These rights are exercised freely, and collective 
bargaining is practiced widely. The annual ``Spring Wage Offensive,'' 
in which individual unions in each industry conduct negotiations 
simultaneously with their firms, involves nationwide participation. 
Management usually consults closely with its enterprise union. However, 
trade unions are independent of management and aggressively pursue the 
interests of their workers. The law prohibits antiunion discrimination, 
and adequate mechanisms exist for resolving cases that occur, including 
the reinstatement with back wages of any workers fired for union 
activities. However, the collective bargaining rights of public 
employees are limited. The Government determines the pay of government 
employees based on a recommendation by the independent National 
Personnel Authority.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
provides that no person shall be held in bondage of any kind. 
Involuntary servitude, except as punishment for crime, is prohibited. 
Although children are not specified in the provision, this legal 
prohibition against forced or compulsory labor applies equally to 
adults and to children. Although in general forced or bonded labor does 
not occur, women are trafficked to Japan and coerced into prostitution 
(see Section 6.f.).
    During the year, Allied prisoners of war filed individual and class 
action suits against Japanese companies seeking compensation for forced 
labor during World War II. The suits were filed overseas, including in 
the United States. Survivors and families of Chinese and Korean workers 
also continue to press claims for damages and compensation for their 
forced labor during WW II, both in Japanese civil courts and in 
complaints to the ILO. In September the Tokyo High Court ordered the 
Kajima Corporation to settle with surviving Chinese workers of a mine 
it operated during the war. In March an ILO committee called on 
theGovernment to take additional measures to satisfy individual Chinese 
and Korean victims of forced labor during the war.
    The Asian Women's Fund continued to compensate former comfort 
women, who were forced to provide sexual services to Japanese troops 
during World War II (see Section 5).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution bans the exploitation of children. Both 
societal values and the rigorous enforcement of the Labor Standards Law 
protect children from exploitation in the workplace. The Government 
prohibits forced or bonded labor, including that performed by children 
and enforces this prohibition effectively (see Section 6.c.).
    Child labor is virtually nonexistent. By law children under the age 
of 16 may not be employed and those under age 18 may not be employed in 
dangerous or harmful jobs. The Labor Inspection Division of the 
Ministry of Labor, which vigorously enforces the Labor Standards Law, 
reports no violations. Society places an extremely high value on 
education, which is compulsory through the lower secondary (i.e., ninth 
grade) level. Enrollment levels for both boys and girls through the 
free and universally available upper secondary level (age 18) exceed 95 
percent.
    e. Acceptable Conditions of Work.--Minimum wages are set on a 
regional (prefectural) and industry basis, with the input of tripartite 
(workers, employers, public interest) advisory councils. Employers 
covered by a minimum wage must post the concerned minimum wages, and 
compliance with minimum wages is considered widespread. Minimum wage 
rates, effective in fiscal year 1998 (starting September 1), ranged 
from $50 (5,465 yen) per day in Tokyo and Osaka to $34 (4,712 yen) in 
Miyazaki prefecture and are considered sufficient to provide a worker 
and family with a decent standard of living. The Labor Standards Law 
provides for a 40-hour workweek for most industries and mandates 
premium pay for hours worked over 40 in a week, or 8 in a day. However, 
labor unions frequently criticize the Government for failing to enforce 
maximum working hour regulations in smaller firms.
    The Immigration Bureau of the Justice Ministry estimated that, as 
of January 1, 1998 there were 276,810 foreign nationals residing 
illegally in the country. Illegal immigrants come primarily from: South 
Korea, the Philippines, Thailand, China, Peru, Iran, Malaysia, and 
Taiwan.
    While many foreign illegal residents came in search of better 
paying manufacturing and construction jobs, these opportunities 
decreased during the economic slowdown. Thus, more of the foreign 
workers are unemployed or marginally employed. Activist groups claim 
that employers can exploit or discriminate against foreign workers, who 
often have little or no knowledge of the Japanese language or their 
legal rights. The Government has tried to reduce the inflow of illegal 
foreign workers by prosecuting employers. Recent revisions of the 
Immigration Law provide for penalties against employers of undocumented 
foreign workers. Suspected foreign workers also may be denied entry for 
passport, visa, and entry application irregularities. The August 
revision to the immigration law also established penalties for illegal 
stays separate from existing injunctions against illegal entry. The 
Government continues to study the foreign worker issue, and several 
citizens' groups are working with illegal foreign workers to improve 
their access to information on worker rights.
    The Ministry of Labor effectively administers various laws and 
regulations governing occupational health and safety, principal among 
which is the 1972 Industrial Safety and Health Law. Standards are set 
by the Ministry of Labor and issued after consultation with the 
Standing Committee on Safety and Health of the Tripartite Labor 
Standards Commission. Labor inspectors have the authority to suspend 
unsafe operations immediately, and the law provides that workers may 
voice concerns over occupational safety and remove themselves from 
unsafe working conditions without jeopardizing their continued 
employment.
    f. Trafficking in Persons.--The Constitution prohibits holding 
persons in bondage, and in April the Business Entertainment Law was 
amended in order to supplement the Prostitution Prevention Act as an 
instrument against trafficking. The amended law sanctions employers 
rather than just prostitute/victims and, inter alia, places a 5-year 
waiting period for a business license on anyone convicted of the 
``crime of encouragement'' to engage in prostitution. In May the Diet 
enacted a law intended to prevent all forms of sexual expoitation of 
children, whether trafficked or not, and imposing a 3-year sentence 
upon conviction (see Section 5).
    Japan is a destination country for trafficking in women for 
purposes of sexual exploitation. Brokers in source countries (e.g., the 
Philippines and Thailand) recruit women and ``sell'' them to Japanese 
intermediaries, who in turn coerce them into the sex trade by 
subjecting them to excessive debts and seizing their passports. 
Reliable statistics on the number and origin of women trafficked to the 
country are unavailable, but according to the Ministry of Justice 2.5 
percent of the 15,823 women deported in 1997 were prostitutes.
    In recent years there has been a surge in the smuggling of illegal 
immigrants from China. These illegal immigrants often are held in debt 
bondage to make them pay off the smugglers.
                                 ______
                                 

                                KIRIBATI

    Kiribati is a constitutional republic with a popularly elected 
president and a legislative assembly 40 members of which are elected by 
universal adult suffrage, and 2 of whom are members by virtue of their 
office. The country has a population of 78,400, who occupy 33 small 
islands widely scattered across 1.365 million square miles of the 
central Pacific. The population is primarily Micronesian, with a 
significant component of Polynesian origin. The judiciary is 
independent.
    A police force of about 250 personnel is controlled effectively 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.
    The Government generally respected citizens' human rights; however, 
in the traditional culture, women occupy a subordinate role and have 
limited job opportunities.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although 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.
    The authorities seek to meet minimum international standards for 
prisons but have limited financial resources. Food and sanitation are 
limited. Family members and church representatives are allowed access 
to prisoners.
    The question of monitoring prison conditions by local human rights 
groups has not arisen, and no policy concerning such monitoring has 
been formulated.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest, detention, or exile, and the Government 
observes these prohibitions.
    e. Denial of Fair Public Trial.--The judiciary is independent and 
free of governmental interference.
    The judiciary consists of a high court, magistrate courts, a court 
of appeal, and land courts. Litigants also have the right of appeal to 
the Privy Council in London.
    The right to a fair public trial is provided 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 
provided for in law. Procedural safeguards are based on English common 
law.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law prohibits such practices, government 
authorities respect these provisions, and violations are subject to 
effective legal sanctions.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government respects these 
rights in practice; however,there were some instances in which the 
Government limited these rights.
    The radio station and the only newspaper are government owned. An 
opposition leader recently tried to open a private radio station before 
the national elections in November 1998, but the Government closed it, 
citing the need to comply with licensing regulations prior to 
broadcasting. The station remained closed throughout the year, pending 
litigation of the issue. In addition, in August the Cabinet declared a 
foreign journalist a prohibited immigrant and precluded his return to 
the country, after the journalist published articles that ``gave a bad 
impression of the country,'' according to Cabinet officials. Churches 
publish newsletters and other periodicals.
    Academic freedom is respected.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, including the right 
to form or belong to associations for the advancement or protection of 
a group's interests, and the Government does not impose any significant 
restrictions in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for these rights, and 
the Government respects them in practice.
    There were no reports of refugees. The Government has not 
formulated a policy regarding refugees, asylees, or first asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens choose the Government in periodic free and open elections. 
The President, who is elected for a 4-year term, exercises executive 
authority. No less than three and no more than four presidential 
candidates are nominated by the elected Legislative Assembly from among 
its members. Under the Constitution, the President is limited to three 
terms.
    Voters reelected President Teburoro Tito to a second term in 
November 1998, with 52.3 percent of the votes. Most of President Tito's 
cabinet ministers have served in the previous cabinet.
    Women are underrepresented in politics and government. Two women 
hold permanent secretary positions, and one is a Member of Parliament.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no restrictions on the formation of local nongovernmental 
organizations that concern themselves with human rights, but to date 
none has been formed. There have been no reported allegations of human 
rights violations by the Government and no known requests for 
investigations.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination on the basis of race, 
creed, national origin, or sex, and the Government generally observed 
this prohibition in practice. Society is fundamentally egalitarian and 
has no privileged chiefly class.
    Women.--Violence against women does not appear to be a major 
problem in this isolated, rural society. Rape is a crime under the law, 
and the law is enforced when charges are brought to court. To the 
extent that it exists, wife beating is dealt with informally and in a 
traditional way; frequently, communal pressure is brought to bear.
    The traditional culture in which men 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 increased government 
hiring and promotions of women. However, women may not work at night 
except under specified circumstances (generally in service jobs such as 
hotel clerks). Statistics on the participation of women in the work 
force and on comparative wages are unavailable. Women have full rights 
of ownership andinheritance of property. Women have full and equal 
access to education.
    Children.--Within its limited financial resources, the Government 
makes adequate expenditures for child welfare. Primary education is 
compulsory for children between the ages of 6 and 12 years. Following a 
national examination, about 40 percent of primary school graduates 
qualify to attend secondary school.
    If child abuse exists, it is rare and has not become a source of 
societal concern.
    People with Disabilities.--There is no evidence or complaint of 
discrimination in employment, education, or provision of other state 
services. Accessibility for the disabled has not been mandated.
Section 6. Worker Rights
    a. The Right of Association.--Freedom of association is provided 
for in the Constitution. Workers are free to organize unions and choose 
their 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 registered trade 
unions merged to form the Kiribati Trade Union Congress (KTUC). It has 
approximately 2,500 members, mostly from the public service sector. The 
law provides for the right to strike. However, strikes are rare, the 
last one having taken place in 1980.
    Unions are free to affiliate internationally. The KTUC is 
affiliated with the International Confederation of Free Trade Unions.
    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is provided for under the Industrial Relations Code. The 
Government sets wages in the large public sector. However, in a few 
statutory bodies and government-owned companies, employees may 
negotiate wages and other conditions. In the private sector, individual 
employees also may negotiate wages with employers. Negotiations are 
generally nonconfrontational, in keeping with tradition. There have 
been no reports of antiunion discrimination. However, mechanisms exist 
for resolving any such complaints.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, and it is not practiced. The 
prohibition does not specifically mention children, but forced and 
bonded labor by children does not occur.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits the employment of children under the age 
of 14. Primary education is compulsory for children between the ages of 
6 and 12. Children through the age of 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 rarely are employed outside 
the traditional economy. Although not prohibited specifically, forced 
and bonded labor by children does not occur (see Section 6.c.).
    e. Acceptable Conditions of Work.--The Government has taken no 
concrete action to implement longstanding legislation authorizing the 
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 personnel. Workers can remove 
themselves from hazardous work sites but they risk loss of employment 
if they do not first obtain approval from their employers.
    f. Trafficking in Persons.--The law does not prohibit trafficking 
in persons; however, there were no reports that persons were trafficked 
in, to, or from the country.
                                 ______
                                 

                           REPUBLIC OF KOREA

    The Republic of Korea is governed by a directly elected president 
and a unicameral legislature selected by both direct and proportional 
voting. Kim Dae-jung was elected president in a free and fair election 
in December 1997 and was inaugurated in February 1998. The next 
National Assembly elections are scheduled for April 2000. The 
Constitution provides for an independent judiciary, and in recent 
years, the judiciary has shown increasing independence; however, 
several recent scandals involving alleged illegal influence peddling 
and cronyism have damaged the image of prosecutors and judges.
    Responsibility for maintaining internal security lies with the 
National Intelligence Service (NIS--formerly known as the National 
Security Planning Agency), the Korean National Police (KNP), and the 
Defense Security Command (DSC). Legislation passed in 1993 restricts 
the NIS and DSC from involvement in domestic politics and grants the 
NIS investigative authority only in cases involving terrorism, 
espionage, and international crime organizations. The Government 
revised this law in 1996 to allow the NIS to investigate members of 
domestic organizations that are viewed as supporting the North Korean 
Government. The statutory restrictions on the DSC remain in place. 
There continued to be credible reports that some members of the 
security forces were responsible for occasional human rights abuses.
    The economy rebounded significantly during the year, following the 
most severe economic crisis since the 1950's in late 1997 and 1998. 
Underpinning the recovery is the Government's ambitious and 
comprehensive financial and corporate restructuring plan. Nonetheless, 
the economy remained susceptible to external shocks. Gross domestic 
product grew 9.8 percent in the second quarter and growth for the year 
was expected to be 7 to 8 percent. Unemployment was steady at 6.2 
percent.
    The Government generally respects the human rights of its citizens; 
however, there were problems in some areas, although there were also 
some improvements. Credible sources reported instances in which police 
subjected detainees to verbal and physical abuse, although human rights 
groups report that the number of such cases continues to decline. The 
Ministry of Justice (MOJ) continued to implement guidelines requiring 
that suspects be told when arrested of their right to remain silent and 
their right to a lawyer. The Government continued to require released 
political prisoners to report regularly to the police under the Social 
Surveillance Law, and it still has not authorized independent 
investigations of the cases of some prisoners who were sentenced on 
charges believed to have been fabricated by previous governments. Some 
of these prisoners reportedly were subjected to torture to extract 
confessions and received trials that did not meet international 
standards of fairness. The use or threatened use of the National 
Security Law (NSL) continued to infringe upon citizen's civil 
liberties, including the right to free expression. The President 
declared in his August 15 Independence Day speech that areas of the NSL 
had to be revised to protect human rights and make the law consistent 
with the Government's attempts to expand contacts with the North. In 
March, 17 ``long-term, unconverted'' prisoners were released despite 
their refusal to sign an oath to obey the law. Violence against women 
and physical abuse remain serious problems, and there is still 
insufficient legal redress for dealing with them. Women continued to 
face legal and societal discrimination. President Kim, a long-time 
democracy and human rights activist, stated repeatedly that promoting 
the rights of women would be a priority goal, and in January the Equal 
Employment Act was amended to stiffen the penalties for sexual 
discrimination in hiring and promotion. In addition in July a new 
sexual harassment law went into effect, requiring companies to 
establish guidelines to prevent sexual harassment in the workplace and 
punishing firms that fail to discipline those guilty of sexual 
harassment. Ethnic minorities, very small in number, face legal and 
societal discrimination. In July legislation legalized the activities 
of teachers' unions. This and other recent labor law reforms bring the 
country's labor laws close to international standards. The country is 
considered to be a major transit point for traffickers of Asian women 
and children destined for the sex trade and domestic servitude.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Penal Code prohibits mistreatment of suspects; the 
Government has ordered investigating authorities to protect the human 
rights of suspects; and allegations of abuse by authorities of those in 
custody for questioning continued to decline. Nonetheless, prosecutors 
continued to place much emphasis on securing convictions through 
confessions. This focus is driven by cultural factors, with confession 
viewed as a necessary basis for the reform and rehabilitation of 
wrongdoers. While the Supreme Court has ruled that confessions obtained 
after suspects have been deprived of sleep during an interrogation 
cannot be used in court, there continued to be reports that police 
questioned suspects throughout the night. Credible sources also 
reported that in some cases police verbally or physically abused 
suspects, including beatings, threats, and sexual intimidation in the 
course of arrest and police interrogation. However, human rights groups 
report that the number of such cases continues to decline. In February 
the MOJ announced that criminal suspects, who previously had been 
required to wear prison garb in court, would be allowed to wear street 
clothes until proven guilty.
    In October 1998, three defendants, accused of a plot to create a 
North Korean military provocation in order to ensure the 1997 election 
of the Grand National Party's presidential candidate, alleged during 
their trial that they were tortured into confessing by NIS (then the 
National Security Planning Agency) agents.
    Former detainees who claimed that officials of past military 
governments had tortured them continued to request compensation. 
However, the Government has not provided an effective mechanism for 
redress, such as an independent body to investigate complaints of past 
human rights violations. Security officials accused of abuse or 
harassment of suspects rarely have been prosecuted, and public concern 
with police abuse appears to be growing. In February following 
extensive press coverage, several police officers were disciplined 
after it was discovered that they had shackled the feet and tied the 
hands of a 63-year-old man who was arrested for a traffic violation.
    Prison conditions are Spartan. Prison diets are adequate, but the 
facilities offer little protection against cold in the winter and heat 
in the summer. Some prisoners claim that these conditions damaged their 
health and that medical care was inadequate. Inmates occasionally have 
criticized guards for using excessive force or needlessly putting 
prisoners in manacles. Inmate access to reading materials, telephones, 
and television broadcasts has improved significantly in recent years.
    There is little independent monitoring of prison conditions, 
although representatives of human rights groups may visit certain 
prisoners at the discretion of the prison warden.
    d. Arbitrary Arrest, Detention, or Exile.--The law is often vague, 
and prosecutors have wide latitude to interpret the law. The NSL 
defines espionage in broad terms and permits the authorities to detain 
and arrest persons who commit acts viewed as supporting North Korea and 
therefore dangerous to the country. Authorities arrested not only 
persons spying on behalf of North Korea but also those who praised 
North Korea, its former leader Kim Il Sung, or its ``self-reliance'' 
(``juche'') political philosophy. The U.N. Human Rights Committee has 
termed the NSL ``a major obstacle to the full realization of the rights 
enshrined in the International Covenant on Civil and Political 
Rights.'' President Kim Dae-jung, who himself was arrested and 
sentenced to death under the NSL, has acknowledged that the law has 
``problematic areas'' and announced during his August 15 Independence 
Day address his intention to pursue major revisions. According to MOJ 
data, as of November 30, 456 persons had been arrested for violating 
the NSL (a 35 percent decrease from 1998). Of these, 161 were indicted 
without detention. These figures represent a 23 percent and 20 percent 
decrease, respectively, from the same period in 1998.
    The NSL permits the imprisonment for up to 7 years of anyone who 
``with the knowledge that he might endanger the existence or security 
of the State or the basic order of free democracy, praised, encouraged, 
propagandized for, or sided with the activities of an antistate 
organization.'' The legal standard for knowing that one might endanger 
the security of the State is vague. Consequently, a number of persons 
have been arrested for what appeared to be the peaceful expression of 
opposing views, which the authorities considered pro-North Korean or 
antistate. In August the Government prosecutor questioned the 37 
members of a labor union soccer team that returned to Seoul following a 
match in North Korea. Team representatives had visited a statue of Kim 
Il-sung and laid a wreath at its base. As of year's end, the 
investigation appears closed. In August 1998, Catholic priest Moon Kyu 
Hyun was arrested on charges of violating the NSL, after he returned 
from North Korea. Father Moon was released on bail in October 1998; as 
of year's end, his trialstill was underway. Although he had received 
permission from the Government to travel to North Korea, prosecutors 
alleged that Father Moon wrote in praise of Kim Il-sung in a North 
Korean visitors book and participated in a North Korean-sponsored 
reunification festival in Panmunjom. The eight other priests who 
traveled with Father Moon were not arrested.
    The Government's rationale for retaining the NSL is that North 
Korea is trying actively to subvert the Government and society, and 
that due to this special circumstance, some forms of expression must be 
limited to block the greater danger to freedom and democracy posed by 
North Korean totalitarianism. The effect sometimes is to relieve the 
Government of the burden of proof in a court of law that any particular 
speech or action in fact threatens the nation's security. For example 
the Government has prosecuted citizens for unauthorized travel to North 
Korea (see Section 2.d.). In September Yonsei University student Hwang 
Hye-ro and five other persons were arrested upon returning to the 
country after making an unauthorized trip to North Korea. On the 
occasion of a special March amnesty, the Government announced the 
reinstatement of novelist Hwang Sok-yong's civil rights. Hwang had 
served 4 years of a 7-year sentence for making an unauthorized visit to 
North Korea and had been released in March 1998 by an earlier special 
presidential amnesty.
    The Criminal Code requires warrants to be issued by judges in cases 
of arrest, detention, seizure, or search, except if the person is 
apprehended while committing a criminal act, or if a judge is not 
available and the authorities believe that the suspect may destroy 
evidence or escape capture if not quickly arrested. In such emergency 
cases, judges must issue arrest warrants within 48 hours after 
apprehension, or, if a court is not located in the same county, within 
72 hours. Police may detain suspects who voluntarily appear for 
questioning for up to 6 hours but must notify the suspects' families. 
The police generally respected these legal requirements.
    The standards for issuing warrants were tightened in 1997, but 
following complaints from prosecutors that the new system was 
administratively cumbersome, the National Assembly voted to ease 
standards for issuing warrants. Authorities normally must release 
suspects after 30 days unless an indictment is issued. Consequently, 
detainees are a relatively small percentage of the total prison 
population.
    The Constitution specifically provides for the right to 
representation by an attorney, and in May the National Police Agency 
announced that it would enforce a suspect's right to have a lawyer 
present during police interrogation. The police agency also announced 
that, starting in 2000, individual police stations would employ lawyers 
as legal advisors to aid in examining relevant legal clauses in 
charging suspects.
    In 1993 the Government began to permit suspects to consult with 
``duty lawyers'' during breaks in interrogation. These duty lawyers are 
hired and paid by the individual suspects, who often are billed at 
reduced rates as a public service. In 1995 the MOJ also issued 
guidelines requiring police to inform suspects at the time of arrest 
about their right to be represented by a lawyer, and there were no 
reports of access to legal counsel being denied. There is a bail 
system, but human rights lawyers say that bail generally is not granted 
when detainees are charged with committing serious offenses.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and in recent years, the judiciary has shown 
increasing independence; however, several recent scandals involving 
alleged illegal influence peddling and cronyism have damaged the image 
of prosecutors and judges. The President appoints the Chief Justice and 
most justices of the Constitutional Court. Although judges do not 
receive life appointments, they cannot be fired or transferred for 
political reasons. In recent years, the judiciary has shown increasing 
independence. For example, judges in some district courts have ruled, 
that, contrary to prosecutors' assertions, activists' exchange of faxes 
with North Korean students or meetings with North Korean 
representatives in third countries were not, in themselves, sufficient 
grounds to convict them of violating the NSL.
    Local courts are presided over by judges who render verdicts in all 
cases. There is no trial by jury. Defendants can appeal a verdict to a 
district appeals court and to the Supreme Court. Constitutional 
challenges can be taken to the Constitutional Court, which was created 
in 1988.
    The Constitution provides defendants with a number of rights in 
criminal trials including the presumption of innocence, protection 
against self-incrimination, freedom from retroactive laws and double 
jeopardy, the right to a speedy trial, and the right of appeal. When a 
person is detained physically, theinitial trial must be completed 
within 6 months of arrest. These rights generally are observed. Trials 
are open to the public but the judge may restrict attendance if he 
believes spectators may seek to disrupt the proceedings.
    Judges generally allow considerable scope for examination of 
witnesses by both the prosecution and defense. Cases involving national 
security and criminal matters are tried by the same courts. Although 
convictions rarely are overturned, appeals often result in reduced 
sentences. Death sentences are appealed automatically.
    Human rights groups believe that many dissidents tried under past 
military governments during the 1970's and 1980's were sentenced to 
long prison terms on false charges of spying for North Korea. 
Furthermore, these persons reportedly had been held incommunicado for 
up to 60 days after their arrest, subjected to extreme forms of 
torture, forced to make ``confessions,'' and convicted after trials 
that did not conform to international standards for a fair trial. In 
July 1998, the Government repealed the system by which ``ideological 
prisoners'' had to renounce their real or alleged beliefs and 
instituted a system by which prisoners had to sign a written promise to 
obey the law and pledge to recognize the Republic of Korea in order to 
be released from prison. A total of 103 prisoners were freed in this 
manner in the 1998 Independence Day amnesty. Although the new system 
was a significant step for the Government, human rights groups 
criticized the requirement of a promise to obey the law, including the 
NSL, as tantamount to forcing citizens to renounce their beliefs. 
However, on the occasion of a special presidential amnesty in March, 17 
long-term, unconverted prisoners were released without having to 
renounce their beliefs or sign an oath of obedience. Included among 
these was U Yong-gak, who had served 41 years in prison following his 
conviction on espionage charges. Some released political prisoners were 
required to report their activities regularly to the police. At year's 
end, most such prisoners had been released, and two persons remained 
imprisoned.
    Also on the occasion of the August 15 Independence Day amnesty, 
seven prisoners serving sentences for NSL violations were released 
after signing an oath of allegiance. In addition 49 other NSL violators 
were released following the completion of more than half of their 
sentences.
    It is difficult to estimate the number of political prisoners, 
because it is not clear whether particular persons were arrested for 
merely exercising the rights of free speech or association or were 
detained for committing acts of violence or espionage. Some human 
rights monitors estimate the number of political prisoners at around 
300. However, these monitors' definition of political prisoner often 
includes all persons imprisoned for politically motivated acts, without 
distinction as to whether the acts themselves included violence or 
other criminal behavior. The number of political prisoners and 
detainees as defined by international standards appears to number under 
200.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--In general the Government honors the integrity of the 
home and family. In the past, the security services conducted varying 
degrees of surveillance, including wiretaps, of political dissidents. 
The 1995 Antiwiretap Law and the law to reform the NIS (then known as 
the National Security Planning Agency) were designed to curb government 
surveillance of civilians, and largely appear to have succeeded. The 
Antiwiretap Law lays out broad conditions under which the monitoring of 
telephone calls, mail, and other forms of communication are legal. It 
requires government officials to secure a judge's permission before 
placing wiretaps, or, in the event of an emergency, soon after placing 
them, and it provides for jail terms for those who violate this law. 
Some human rights groups argue that a considerable amount of illegal 
wiretapping still is taking place, and they assert that the lack of an 
independent body to investigate whether police have employed illegal 
wiretaps hinders the effectiveness of the Antiwiretap Law.
    In late December 1998, several opposition lawmakers broke into the 
NIS (the then National Security Planning Agency) liaison office in the 
National Assembly building and removed documents that they claimed 
substantiated allegations that the office was being used by the NIS to 
conduct surveillance of National Assembly members. Several opposition 
legislators have alleged that they are under surveillance by the 
Government and that their homes, offices, and cellular telephones are 
tapped.
    Citizens are not allowed to listen to North Korean radio in their 
homes or read books published in North Korea if the Government 
determines that they are doing so to help North Korea. Student groups 
make plausible claims that government informants are posted on 
university campuses.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--While most political discourse is 
unrestricted, under the NSL the Government limits the expression of 
ideas that authorities consider Communist or pro-North Korean. Broad 
interpretations of the NSL allow for restrictions on peaceful dissent.
    Although the Government has abandoned direct control over the news 
media, it continues to exercise indirect influence, and government 
officials vigorously lobby reporters and editors. The latent threats of 
tax investigations against companies and pressure on advertisers still 
are believed to induce newspapers and broadcasters to soften criticism 
of the Government in some cases. Moreover, while the Government's 
anticorruption campaign curtailed politicians' payments of money to 
reporters, it did not eliminate them. Nevertheless, press criticism of 
the Government is extensive in all fields, and authorities have not 
used repressive measures to stop media reporting. Many radio and 
television stations are state supported, but they maintain a 
considerable degree of editorial independence in their news coverage.
    Journalists allege that the libel laws are used to harass 
publications for articles that are unflattering but not necessarily 
untrue, and in the past some journalists have been arrested and jailed 
for libel.
    Prosecutors continued to indict dissidents under the NSL for 
producing, selling, or distributing pro-North Korean or pro-Communist 
materials. Court precedents allow citizens to possess these kinds of 
publications for purely academic use, profit, or curiosity, but not 
with the intent of subverting the State. Prosecutors have wide 
discretion in determining motives for possessing or publishing such 
material.
    The Government continued to allow, within its guidelines, 
substantial media coverage of North Korea. Television networks 
continued to broadcast edited versions of North Korean television 
programs, and reported extensively on United States and South Korean 
talks with North Korean officials. In September 1998, a television 
station received permission for the first time to broadcast a North 
Korean-produced film.
    The Government Censorship Board, which screens movies for sex and 
violence, has followed more liberal guidelines in recent years and 
allowed release of a broader range of films.
    In 1997 Suh Jun Shik, the publisher of a daily human rights 
newsletter in Seoul, was arrested under provisions of the NSL along 
with several other activists for attempting to screen an allegedly pro-
North Korean movie. Suh was released on bail in October 1998; in 
September he was found not guilty.
    The Government generally respected academic freedom, and no 
instances of prosecution for scholarly writing were reported during the 
year. However, student groups plausibly report the presence of 
government informants on university campuses (see Section 1.f.).
    b. Freedom of Peaceful Assembly and Association.--The Law on 
Assembly and Demonstrations prohibits assemblies considered likely to 
undermine public order. The law requires that the police be notified in 
advance of demonstrations of all types, including political rallies, 
and the police must notify organizers if they consider the event 
impermissible under this law. In August police prevented students from 
marching to Panmunjom on the border with North Korea for a Liberation 
Day rally to be held jointly with their North Korean counterparts. The 
authorities labeled the attempted march and rally as illegal.
    The Constitution provides for freedom of association, and the 
Government generally respects this right in practice. There are no 
registration requirements. Associations operate freely, except those 
deemed by the Government to be seeking to overthrow the State.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Most citizens can move freely throughout 
the country; however, police may restrict the movements of some former 
prisoners. Foreign travel generally is unrestricted; however, the 
Government must approve travel to North Korea. To obtain approval, 
potential visitors must demonstrate that their trip does not havea 
political purpose--that is, to praise North Korea or criticize the 
South Korean Government. During the year, the Government continued to 
promote the expansion of North-South contacts, including allowing the 
Hyundai Group to transport tourists to North Korea's Kumgang mountain 
and granting permission to a labor union's soccer team to play a soccer 
match in Pyongyang. However, travelers to North Korea who do not 
receive government permission are likely to be arrested upon their 
return.
    In January a travel ban was placed on, but subsequently lifted 
from, 11 opposition politicians for their involvement in the removal of 
documents from an NIS liaison office in the National Assembly building 
at the end of 1998 (see Section 1.f.).
    In the past, the Government forbade some Koreans convicted of 
politically related crimes from returning to Korea, and some citizens 
still face sanctions if they return.
    The Government cooperates with the office of the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees. Government guidelines provide for offering 
temporary refuge in the case of a mass influx of asylum seekers. 
However, the issue of provision of first asylum did not arise during 
the year. There were no reports of the forced return of persons to a 
country where they had a fear of persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to elect their own government. The 
Constitution, as amended in 1987, provides for the direct election of 
the President and for a mixed system of direct and proportional 
election of legislators to the unicameral National Assembly. The 
President serves a single 5-year term and may not be reelected. The 
National Assembly's term is 4 years. All citizens 20 years of age or 
older have the right to vote, and elections are held by secret ballot.
    Because of cultural traditions and discrimination, women occupy few 
important positions in government. There is one woman in the Cabinet, 
the Minister of Environment. Eleven female legislators were elected to 
the 299-seat National Assembly, one of whom chairs a special committee 
on women's affairs.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    Several nongovernmental organizations are active in promoting human 
rights, and they operate without government restriction. Chief among 
these groups are the Lawyers for a Democratic Society, Sarangbang, the 
Human Rights Committee of the National Council of Churches in Korea, 
the Korean Bar Association, People's Solidarity for Participatory 
Democracy, and ``Mingahyup,'' an association of the families of 
political prisoners. These groups publish reports on human rights and 
make their views known both inside and outside the country. Government 
officials generally have been willing to meet with international human 
rights groups.
    In July President Kim reiterated his intention to establish a human 
rights commission to investigate accusations of human rights 
violations, which he first mentioned as one of his 100 presidential 
policy pledges in February 1998. The Government is preparing 
legislation to create this commission.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution and equal opportunity statutes forbid 
discrimination on the basis of race, sex, religion, disability, or 
social status, and the Government respects these provisions. However, 
traditional attitudes limit opportunities for women and the disabled. 
Ethnic minorities, very small in number, face both legal and societal 
discrimination.
    Women.--Violence against women remains a problem, and some women's 
rights groups maintain that such violence, including spousal abuse, has 
worsened with the recent decline of the economy. A 1997 survey found 
that 31.4 percent of households had experienced incidents of domestic 
violence. In July 1998, the Government enacted the Prevention of 
Domestic Violence and Victim Protection Act, which defines domestic 
violence as a serious crime. Authorities can order offenders to stay 
away from victims for up to 6 months and to be put on probation or to 
see court-designated counselors. The law also requires police to 
respond immediately to reports of domestic violence. Women's groups 
praised the law as a significant step in combating domestic violence.
    Rape remained a serious problem with 8,317 cases reported in 1998 
(the last year for which statistics are available). Many incidents of 
rape go unreported because of the stigma associated with being raped. 
The activities of a number of women's groups have increased awareness 
of the importance of reporting and prosecuting rapes, as well as 
offenses such as sexual harassment in the workplace. According to 
women's rights groups, cases involving sexual harassment or rape 
generally go unprosecuted, and perpetrators, if convicted, often 
receive very light sentences.
    Enacted to combat sexual harassment in the workplace, a new sexual 
harassment law went into effect in July. Under the new law, companies 
can be fined up to $2,500 (3 million won) for failing to take steps to 
prevent sexual harassment in the workplace or failing to punish an 
offender. The law also requires companies to establish in-house sexual 
harassment complaint centers and forbids firms from punishing employees 
for taking their complaints to outside organizations. In addition the 
Ministry of Education announced that the new law's guidelines would 
apply at the nation's schools and that teachers who make gender-
discriminatory remarks would be disciplined. As examples of gender-
discriminatory remarks, the Ministry cited statements that emphasized 
women's traditional roles in families, stressed men's leadership in 
society, and encouraged female students to work for good marriages 
instead of embarking on a career after graduation.
    The amended Family Law, which went into effect in 1991, permits 
women to head a household, recognizes a wife's right to a portion of 
the couple's property, and allows a woman to maintain greater contact 
with her offspring after a divorce. Although the revisions helped 
abused women, the stigma of divorce remains strong, and there is little 
government or private assistance for divorced women. These factors, 
plus the fact that divorced women have limited employment opportunities 
and have difficulty remarrying, lead some women to stay in abusive 
situations. The Government has created some shelters for battered women 
and increased the number of child care facilities, giving women in 
abusive situations more options, but women's rights groups say that 
they fall far short of effectively dealing with the problem.
    A conservative tradition has left women subordinate to men socially 
and economically. Despite the passage of equal employment opportunity 
legislation in 1987, few women work as company executives, and sexual 
discrimination in the workplace remains a problem. However, in January 
the National Assembly revised the 1987 Equal Employment Act to include 
tougher penalties to be imposed on companies that are found to 
discriminate against women in hiring and promotions. Under the revised 
law, the Presidential Commission on Women was granted the authority to 
investigate sexual discrimination cases in the workplace. A company 
found guilty of practicing sexual discrimination could be fined up to 
$4,200 (5 million won) and have its name published in the newspaper. 
The revised law also provides for a public fund to support victims in 
seeking legal redress. Nevertheless, some government agencies' 
preferential hiring of applicants with military service (nearly always 
men) points to continued legal barriers against women. In December the 
Constitutional Court ruled that government agencies' preferential 
hiring practices for those who have performed military service 
discriminated against women and disabled persons and were 
unconstitutional. Women have full access to education, and social mores 
and attitudes are changing gradually. For example, the major political 
parties, are making more efforts to recruit women; the Ministry of 
Women's Affairs continued its efforts to expand employment 
opportunities; and the military and service academies continued to 
expand opportunities for women.
    The Government provides an allowance of $442 (500,000 won) per 
month to 142 former ``comfort women'' (women who, during World War II, 
were forced to provide sex to soldiers of the Japanese Imperial Army).
    The country is considered a major transit point for traffickers of 
Asian women and children destined for the sex trade and domestic 
servitude (see Section 6.f.).
    Children.--The Government provides high-quality elementary 
education to all children free of charge, and most obtain a good 
secondary education. High-quality health care facilities are widely 
available to children.
    Child abuse does not appear to be a significant problem; however, 
it has not been studied extensively, and statistics are limited. As of 
the end of July, 411 cases of child abuse had been reported. The Seoul 
metropolitan government runs a children's counseling center, which 
investigates reports of abuse, counsels families, and cares for runaway 
children. Until 1998 there was no specific law against child abuse; 
however, the new Prevention of Domestic Violence and Victim Prevention 
Act, which defines domestic violence as a serious crime, allows a child 
to bringcharges against a parent in cases of abuse. In July the 
Government's Commission on Youth Protection, exercising its mandate to 
``regulate the circulation of harmful materials and substances and to 
protect youth from harmful entertainment establishments,'' revised the 
youth protection law. Under the revised law, owners of entertainment 
establishments who hire minors under the age of 19 face prison terms of 
up to 10 years and a fine of $8,300 (10 million won) per minor hired. 
(The law previously had provided for a prison term of 3 years and a 
fine of $23,240 (28 million won) no matter how many minors were hired.) 
The Commission also announced that it was expanding the definition of 
``entertainment establishment'' to include facilities, such as 
restaurants and cafes, where children sometimes were hired illegally as 
prostitutes. The National Assembly is proceeding with the development 
of additional legislation in this area.
    The traditional preference for male children continues, although it 
is less evident among people in their twenties and thirties. Although 
the law bans fetal testing except for those cases when a woman's life 
is in danger, a hereditary disease would be transmitted, or in cases of 
rape or incest, such testing and the subsequent termination of 
pregnancies with female fetuses frequently occur. The Government has 
expressed concern about the widening disparity in male and female birth 
rates.
    The country is considered a major transit point for traffickers of 
Asian women and children destined for the sex trade and domestic 
servitude (see Section 6.f.).
    People with Disabilities.--Although measures aimed at creating 
opportunities for the disabled have been taken, public facilities for 
their everyday care and use remained inadequate. However, there is no 
legal discrimination against disabled persons in employment, education, 
or the provision of other state services.
    In 1995 the Government expanded job training programs, medical 
benefits, and welfare facilities for disabled citizens. Since 1991 
firms with over 300 employees have been required by law either to hire 
disabled workers or pay a fee. Surveys indicate that most companies 
either paid the fee or evaded the law. After human rights groups had 
publicized one such survey in 1996, the Labor Ministry increased the 
subsidies provided to companies that hire the disabled. Nonetheless, 
hiring of the disabled remains below target levels. The disabled make 
up less than 1 percent of the work force. New public buildings are 
required to include facilities for the disabled, such as ramp access to 
entrances, a wheelchair lift, and special parking spaces. The Health 
and Welfare Ministry has announced that existing government buildings 
must be retrofitted with these facilities over the next 6 years.
    National/Racial/Ethnic Minorities.--The country is racially 
homogeneous with no ethnic minorities of significant size. Citizenship 
is based on blood, not place of birth, and persons must show their 
family genealogy as proof. Thus, ethnic Chinese born and resident in 
Korea cannot obtain citizenship or become public servants, and may have 
difficulty being hired by some major corporations. Due to legal as well 
as societal discrimination, many ethnic Chinese have emigrated to other 
countries since the 1970's. There are approximately 20,000 ethnic 
Chinese, who represent 0.05 percent of the population. In June 1998, 
the Government passed legislation to allow a female citizen to transmit 
citizenship to her child regardless of the citizenship of the child's 
father. Amerasians face no legal discrimination but informal 
discrimination is prevalent, making it more difficult for them to 
succeed in academia, business, or government.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution gives workers, with 
the exception of public sector employees, the right to free 
association. In 1998 the Government passed legislation that, beginning 
in January, allowed government white-collar workers to form workplace 
councils. Blue-collar workers in such government agencies as the postal 
service, railways, telecommunications, and the National Medical Center 
are allowed to organize unions. As few as two employees may form a 
union. Until 1997 the Trade Union Law specified that only one union was 
permitted at each workplace. However, labor law changes in 1997 
authorized the formation of competing unions starting in the year 2002. 
All unions are required to notify the authorities when formed or 
dissolved. About 12.6 percent of workers belong to a union. There are 
approximately 5,560 trade unions.
    In the past, the Government did not recognize formally labor 
federations that were not affiliated with the country's two legally 
recognized labor groupings--the Federation of Korean Trade Unions 
(FKTU) and the Independent Korean Federation ofClerical and Financial 
Workers. However, in the past several years, the Labor Ministry 
officially recognized some independent white-collar federations 
representing hospital workers, journalists, and office workers at 
construction firms and at government research institutes. The courts 
ruled in 1992 that affiliation with the FKTU was not required to be 
registered as a legal labor federation. The legalization of the 
teachers' union paved the way for government recognition of the 
dissident Korean Confederation of Trade Unions (KCTU) in November. In 
practice labor federations not formally recognized by the Labor 
Ministry have operated without government interference.
    The Government arrested and tried unionists who allegedly 
instigated violent strikes or illegally disrupted normal business 
operations. Following a subway strike in Seoul in April, several union 
leaders were dismissed from their positions and some faced legal action 
from the Government. Also in April, 6,000 workers walked off the job at 
the Daewoo Shipyard in sympathy with the subway strikers and to protest 
company-restructuring plans. Although there were several large general 
strikes, the Government did not punish unionists for their 
participation in these strikes or other mass rallies.
    The ban on teachers' unions was lifted on July 1. Accordingly, the 
KCTU-affiliated Korean Teachers' Union (Chonkyojo) and the FKTU-
affiliated Korean Union of Teachers and Educational Workers became 
legal. Although the two teachers unions have the right to bargain 
collectively with the Ministry of Education on wages or working 
condition--but not school curriculums--it is illegal for the unions to 
enter into collective action.
    Labor laws prohibiting political activities by unions were 
rescinded in 1997. Election laws that apply to other social 
organizations regulate unions. These regulations prohibit donations by 
unions (and other social organizations) to political parties. Some 
trade unionists have temporarily resigned from their union posts to run 
for office.
    Strikes are prohibited in government agencies, state-run 
enterprises, and defense industries. By law unions in enterprises 
determined to be of ``essential public interest,'' including public 
transportation, utilities, public health, banking, and 
telecommunications can be ordered to submit to government-ordered 
arbitration in lieu of striking. However, in practice the Government 
rarely imposes arbitration. The number of labor disputes has declined 
in recent years. According to Labor Ministry statistics, about 129 
strikes occurred in 1998, the last year for which complete data are 
available. The Labor Dispute Adjustment Act requires unions to notify 
the Labor Ministry of their intention to strike; it mandates a 10-day 
``cooling-off period'' before a work stoppage legally may begin and 15 
days in public interest sectors. Labor laws prohibit retribution 
against workers who have conducted a legal strike and allow workers to 
file complaints of unfair labor practices against employers.
    The FKTU and KCTU are affiliated with the International 
Confederation of Free Trade Unions. Most of the FKTU's 20 constituent 
federations maintain affiliations with international trade 
secretariats, as does the KCTU Metalworkers Council.
    In recent years, the Government has cultivated a more neutral 
stance in labor disputes. Striking workers shut down the Hyundai 
Motors' auto plant in Ulsan in August 1998, and although the Government 
threatened to use police to remove the workers, labor and management 
settled their dispute peacefully. There were no reports that employer-
hired squads assaulted workers during the year.
    In June 1998, the country was reinstated to the Overseas Private 
Investment Corporation's (OPIC) insurance programs, which had been 
suspended since 1991 on worker rights grounds.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution and the Trade Union Law provide for the right of workers 
to collective bargaining and collective action. This law also empowers 
workers to file complaints of unfair labor practices against employers 
who interfere with union organizing or practice discrimination against 
union members. Employers found guilty of unfair practices can be 
required to reinstate workers who were fired for union activities.
    Extensive collective bargaining is practiced, even with unions 
whose federations are not recognized legally by the Government. The 
labor laws do not extend the right to organize and bargain collectively 
to defense industry workers or white-collar government employees, 
although the Government passed legislation to allow government workers 
to form workplace councils beginning in 1999, including workers at 
state- or publicly run enterprises.
    There is no independent system of labor courts. The central and 
local labor commissions form a semiautonomous agency of the 
LaborMinistry that adjudicates disputes in accordance with the Labor 
Dispute Adjustment Law. Each labor commission is composed of equal 
numbers of representatives of labor and management, plus neutral 
experts who represent the ``public interest.'' Local labor commissions 
are empowered to decide on remedial measures in cases involving unfair 
labor practices and to mediate and, in some situations, arbitrate labor 
disputes. Arbitration can be made compulsory in sectors of the economy 
(for example, utilities and transportation) deemed essential to public 
welfare.
    In February 1998, the Government established the Tripartite 
Commission, with representatives from labor, management, and the 
Government to deal with labor issues related to the economic downturn. 
The work of the Commission made it legal for companies to lay off 
workers due to economic hardship and authorized temporary manpower 
agencies. However, disputes among labor, management, and government 
representatives led to the pullout of labor and management from the 
Commission in April. In September management and FKTU representatives 
agreed to return to the Commission. As of year's end, the KCTU had not 
returned to the Commission.
    In the past, regulations forbade intervention in disputes by so-
called third parties, such as labor federations not recognized by the 
Government. Labor laws were revised in 1997 to lift the ban on third-
party intervention and allow nonrecognized federations to assist member 
unions involved in a strike.
    Enterprises in the two export processing zones (EPZ's) had been 
designated by the Government as public interest enterprises. Workers in 
these enterprises, whose rights to organize formerly were restricted, 
gradually have been given the rights enjoyed by workers in other 
sectors of the economy.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
provides that no person shall be punished, placed under preventive 
restrictions, or subjected to involuntary labor, except as provided by 
law and through lawful procedures. Forced or bonded labor, including 
forced labor by children, is not practiced.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Standards Law prohibits the employment of 
persons under the age of 15 without a special employment certificate 
from the Labor Ministry. Because education is compulsory through middle 
school (about age 14), few special employment certificates are issued 
for full-time employment. Some children are allowed to hold part-time 
jobs such as selling newspapers. To obtain employment, children under 
age 18 must have written approval from their parents or guardians. 
Employers can require minors to work only a limited number of overtime 
hours and are prohibited from employing them at night without special 
permission from the Labor Ministry. Child labor laws and regulations 
are clear and usually enforced when violations are found, but the 
Government employs too few inspectors to carry out regular inspections. 
The Government prohibits forced and bonded child labor and enforces 
this prohibition (see Section 6.c.).
    e. Acceptable Conditions of Work.--The Government implemented a 
minimum wage in 1988, and the minimum wage level is reviewed annually. 
As of September 1998, the minimum wage was raised to approximately 
$1.17 (1,525 won) per hour. Companies with fewer than 10 employees are 
exempt from this law. The FKTU and other labor organizations assert 
that the current minimum wage does not meet the basic requirements of 
urban workers. In fact workers earning the minimum wage would have 
difficulty in providing a decent standard of living for themselves and 
their families, despite fringe benefits, such as transportation 
expenses, with which companies normally supplement salaries. (However, 
the money an average blue-collar worker takes home in overtime and 
bonuses significantly raises the total compensation package.) According 
to the Ministry of Health and Welfare, 4.2 percent of the population 
lived below the poverty level as of July.
    Foreign workers, most of whom come from China, the Philippines, 
Bangladesh, Nepal, and Pakistan, often face difficult working 
conditions. The Government sought to ameliorate the problems of illegal 
workers by creating a program that allowed about 60,000 foreign workers 
to enter the country legally to work at established wages with legal 
safeguards. Although the number of illegal foreign workers decreased 
greatly in 1998 due to the economic crisis, the country's economic 
recovery reversed this decline. The Ministry of Labor reported that 
there were 114,700 illegal workers as of May, down from 149,000 at the 
beginning of the economic crisis in December 1997 but above the figure 
of 93,000 recorded in December 1998. It is difficult for illegal 
workers to seek relief for loss of pay or unsatisfactory living and 
working conditions because they face deportation. However, the 
Government has established counseling centers that hear complaints from 
illegal foreign workers about such issues as overdue wages and 
industrial accidents. Foreigners working as language teachers have 
complained that the language institutes that hired them frequently 
violated employment contracts, for which the legal system provided 
insufficient redress.
    Amendments to the Labor Standards Law passed in 1989 brought the 
maximum regular workweek to 44 hours, with provision for overtime to be 
compensated at a higher wage. The law also provides for a 24-hour rest 
period each week. Labor laws were revised in 1997 to establish a 
flexible hours system, according to which employers could require 
laborers to work up to 48 hours during certain weeks without paying 
overtime, as long as average weekly hours for 2-weeks did not exceed 
44. If a union agreed to a further loosening of the rules, management 
could ask employees to work up to 56 hours in a given week. The 
legislation established a daily cap of 12 hours on the working day. 
Labor groups claim that the Government does not enforce adequately the 
maximum workweek provisions at small companies.
    The Government sets health and safety standards, but the accident 
rate is unusually high by international standards. However, this rate 
continued to decline gradually due to improved occupational safety 
programs and union pressure for better working conditions. The Labor 
Ministry still lacks enough inspectors to enforce the laws fully. The 
Industrial Safety and Health Law does not provide job security for 
workers who remove themselves from dangerous work environments.
    f. Trafficking in Persons.--The Criminal Code states that ``A 
person who kidnaps another by force or coercion for purposes of 
engaging in an indecent act or sexual intercourse, or for gain, shall 
be punished by imprisonment for not less than 1 year . . . this shall 
apply to a person who buys or sells a woman for purpose of 
prostitution.''
    Because of lax control of transit areas at international airports, 
the country is considered a major transit point for alien smugglers, 
including traffickers of Asian women and children destined for the sex 
trade and domestic servitude. Relatively small numbers of Korean 
economic migrants, seeking opportunities abroad, are believed to end up 
as victims of traffickers as well (see Section 5).
                                 ______
                                 

                 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 
led the DPRK from its inception until his death in 1994. Since then his 
son Kim Jong Il appears to have had unchallenged authority. Kim Jong Il 
was named General Secretary of the KWP in October 1997. In September 
1998, the Supreme People's Assembly reconfirmed Kim Jong Il as Chairman 
of the National Defense Commission and declared that position the 
``highest office of state.'' The presidency was abolished leaving the 
late Kim Il Sung as the DPRK's only president. Both Kim Il Sung and Kim 
Jong Il continue to be the objects of intense personality cults. The 
regime emphasizes ``juche,'' a national ideology of self-reliance. The 
judiciary is not independent.
---------------------------------------------------------------------------
    * 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 fully 
human rights conditions there. This report is based on information 
obtained over more than a decade, updated where possible by information 
drawn from recent interviews, reports, and other documentation. While 
limited in detail, this information is nonetheless indicative of the 
human rights situation in North Korea today.
---------------------------------------------------------------------------
    The Korean People's Army is the primary organization responsible 
for external security. It is assisted by a large military reserve force 
and several quasi-military organizations, including the Worker-Peasant 
Red Guards and the People's Security Force. These organizations assist 
the Ministry of Public Security and cadres of the KWP in maintaining 
internal security. Members of the security forces committed serious 
human rights abuses.
    The State directs all significant economic activity, and only 
government-controlled labor unions are permitted. The economy continued 
to function at low capacity, although it showed signs of halting its 
contraction of recent years. This decline is due in part to the 
collapse of the Soviet bloc and the elimination of Soviet and Chinese 
concessional trade and aid. It also is due to distribution bottlenecks, 
an inefficient allocation of resources, a lack of access to 
international credit stemming from the DPRK's default on much of its 
foreign debt, and the diversion of an estimated quarter of the gross 
national product to military expenditures. Since 1995 agricultural 
production has fallen significantly short of minimum needs. Famine 
conditions have forced thousands of persons to flee their homes. The 
Government continued to seek international food aid as well as other 
forms of assistance. Food, clothing, and energy are rationed throughout 
the country.
    The Government continues to deny its citizens human rights. 
Citizens do not have the right peacefully to change their government. 
There continued to be reports of extrajudicial killings and 
disappearances. Citizens are detained arbitrarily, and many are held as 
political prisoners; prison conditions are harsh. The constitutional 
provisions for an independent judiciary and fair trials are not 
implemented in practice. The regime subjects its citizens to rigid 
controls. The state leadership perceives most international norms of 
human rights, especially individual rights, as illegitimate, alien 
social concepts subversive to the goals of the State and party. The 
Penal Code is draconian, stipulating capital punishment and 
confiscation of all assets for a wide variety of ``crimes against the 
revolution,'' including defection, attempted defection, slander of the 
policies of the party or State, listening to foreign broadcasts, 
writing ``reactionary'' letters, and possessing reactionary printed 
matter. The Government prohibits freedom of speech, the press, 
assembly, and association, and all forms of cultural and media 
activities are under the tight control of the party. Radios sold in 
North Korea receive North Korean radio broadcasts only; radios obtained 
from abroad must be altered to work in a similar manner. Under these 
circumstances, little outside information reaches the public except 
that approved and disseminated by the Government. The Government 
restricts freedom of religion, citizens' movements, and worker rights. 
There were reports of trafficking in women and young girls.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Defectors report 
that the regime executes political prisoners, opponents of the regime, 
repatriated defectors, and others (reportedly including military 
officers suspected of espionage or of plotting against Kim Jong Il). 
Criminal law makes the death penalty mandatory for activities ``in 
collusion with imperialists'' aimed at ``suppressing the national 
liberation struggle.'' Some prisoners are sentenced to death for such 
ill-defined ``crimes'' as ``ideological divergence,'' ``opposing 
socialism,'' and other ``counterrevolutionary crimes.'' In some cases, 
executions reportedly were carried out at public meetings attended 
byworkers, students, and school children. Executions also have been 
carried out before assembled inmates at places of detention. Border 
guards reportedly have orders to shoot-to-kill potential defectors (see 
Section 2.d.).
    In August 1998, an unsubstantiated Reuters report stated that 
following a March coup attempt against Kim Jong Il, authorities 
arrested several thousand members of the armed forces. Reports 
indicated that the Government executed numerous persons.
    Many prisoners reportedly have died from disease, starvation, or 
exposure (see Section 1.c.).
    According to unconfirmed Japanese and South Korean press reports in 
1997, several senior party officials were publicly executed in 
September 1997. The Kyodo News Network reported that Seo Kwan Hui, 
Secretary of Agriculture for the KWP, and 17 other senior officials, 
including some from the army and from the Kim Il Sung Socialist Youth 
League, were executed for corruption and working for South Korea. In 
January 1998, Agence France-Presse (AFP) reported that among those 
executed were a four-star general who ran the Political Bureau of the 
Korean People's Army and Choe Hyon Tok, a member of the Foreign Affairs 
Committee of the Supreme People's Assembly. According to the AFP, seven 
persons in this group were executed by firing squad before thousands of 
spectators.
    A South Korean newsmagazine reported that there were at least 20 
public executions during 1997 for either economic offenses, including 
stealing cattle and electric wire, or for attempting to defect. Amnesty 
International (AI) reported in January 1997 that at least 23 people had 
been publicly executed between 1970 and 1992 for offenses that 
reportedly included ``banditry'' and ``stealing rice from a train.'' 
Government officials reportedly told AI in 1995 that only one or two 
executions had taken place since 1985.
    b. Disappearance.--The Government is reportedly responsible for 
cases of disappearance. According to defector reports, individuals 
suspected of political crimes often are taken from their homes by state 
security officials late at night and sent directly, without trial, to 
camps for political prisoners. There also have been reports of DPRK 
involvement in the kidnaping abroad of South Koreans, Japanese, and 
other foreign nationals. In 1995 the Japanese press estimated that, in 
the previous 3 decades, as many as 20 Japanese may have been kidnaped 
and detained in North Korea. According to Japanese government 
officials, these abductions took place between 1977 and 1983. In 
addition several cases of kidnaping, hostage-taking, and other acts of 
violence apparently intended to intimidate ethnic Koreans living in 
China and Russia have been reported. For example there is credible 
evidence that North Korea may have been involved in the July 1995 
abduction of a South Korean citizen working in China as a missionary. 
This missionary subsequently appeared publicly in North Korea and was 
portrayed as a defector. The DPRK denies that it has been involved in 
kidnapings.
    In November 1997, the South Korean Government arrested several 
alleged North Korean espionage agents. According to the South Korean 
Government's report on its investigation, those arrested claimed that 
three South Korean high school students, missing since 1978, had been 
kidnaped by the North Korean Government and trained as espionage 
agents. The three were identified as Kim Young Nam, who disappeared 
from Son Yu beach, and Yi Myong U and Hong Kyun Pyo, both of whom 
disappeared from Hong To island beach. According to those arrested, 
there have been several other kidnapings.
    AI reports detail a number of cases of disappearances including 
that of Japanese citizen Shibata Kozo and his wife Shin Sung Suk, who 
left Japan in 1960 and resettled in North Korea. The authorities 
reportedly arrested Shibata in 1962 after he encouraged a demonstration 
by former Japanese residents protesting the poor treatment given them. 
In 1993 AI claimed that he was still in custody and in poor health, and 
that there had been no word about his wife and three children since 
1965. In 1995 North Korean officials informed AI that Shibata Kozo, his 
wife, and children died in a train accident in early 1990, a few weeks 
after he was released from nearly 30 years in prison. However, AI 
reports that Shibata Kozo was still in custody at the time of the 
alleged accident.
    North Korean officials informed AI in 1995 that Japanese citizens 
Cho Ho Pyong, his ethnic Japanese wife Koike Hideko, and their three 
young children were killed in 1972 while attempting to leave the 
country. The authorities told AI that Cho escaped from a detention 
center where he was being held for spying, and killed a guard in the 
escape.
    The cases of three ethnic Korean residents of Beijing, China (16, 
18, and 20 years of age), reported by AI in 1995 to have been taken to 
North Korea against their will, remainedunresolved. The three were 
taken in apparent retaliation for criticism of North Korean human 
rights violations made by their father, a former prisoner in North 
Korea, on Japanese television and in the Japanese press. The North 
Korean authorities deny this allegation, claiming that the three 
brothers were deported to North Korea for breaking Chinese law and that 
they are now living with relatives.
    Numerous reports indicate that ordinary citizens are not allowed to 
mix with foreign nationals, and AI has reported that a number of North 
Koreans who maintained friendships with foreigners have disappeared. In 
at least one case, AI reported that a citizen who had disappeared was 
executed for maintaining a friendship with a Russian national.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--While there is no information on recent practices, 
credible reports indicate that prisoners are mistreated and that many 
have died from disease, starvation, or exposure.
    In February 1998, a Polish newspaper reported the experiences of a 
woman who spent 10 years in a North Korean concentration camp before 
fleeing first to China and then to South Korea. The approximately 1,800 
inmates in this particular camp typically worked 16 to 17 hours a day. 
The woman reported severe beatings, torture involving water forced into 
a victim's stomach with a rubber hose and pumped out by guards jumping 
on a board placed across the victim's abdomen, and chemical and 
biological warfare experiments allegedly conducted on inmates by the 
army. South Korean media reported that the DPRK State Security Agency 
manages the camps through use of forced labor, beatings, torture, and 
public executions.
    Prison conditions are harsh. According to international 
nongovernmental organizations (NGO's) and defector sources, whole 
families, including children, are imprisoned together. ``Reeducation 
through labor'' is common punishment, consisting of forced labor, such 
as logging and tending crops, under harsh conditions. A small number of 
persons who claimed to have escaped from detention camps reported that 
starvation and executions are common. In one prison, clothing was 
reportedly issued only once in 3 years. Former inmates have produced 
photographs of an inmate wearing specially designed leg irons that 
permit walking but make running impossible. AI reported the existence 
of ``punishment cells,'' too low to allow standing upright and too 
small for lying down flat, where prisoners are kept for up to several 
weeks for breaking prison rules. Visitors to North Korea report 
observing prisoners being marched in leg irons, metal collars, or 
shackles.
    In April credible witnesses reported on the treatment of persons 
held in prison camps through the early 1990's. Although their 
allegations could not be substantiated, the witnesses stated that 
prisoners held on the basis of their religious beliefs repeatedly were 
treated worse than other inmates were. One witness, a former prison 
guard, reported that those believing in God were regarded as insane, as 
the authorities taught that ``all religions are opiates.'' He recounted 
an instance in which a woman was kicked hard and left lying for days 
because a guard overheard her praying for a child who was beaten.
    The Government normally does not permit inspection of prisons by 
human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--There are no 
restrictions on the ability of the Government to detain and imprison 
people at will and to hold them incommunicado.
    Little information is available on criminal justice procedures and 
practices, and outside observation of the legal system has been limited 
to ``show trials'' for traffic violations and other minor offenses.
    Family members and 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 between 150,000 to 200,000 
persons for political reasons, sometimes along with their family 
members, in maximum security camps in remote areas. An October 1992 
report by two former inmates made reference to severe living conditions 
in what they called ``concentration camps.'' North Korean officials 
deny the existence of such prison camps but admit that there are 
``education centers'' for persons 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 formerly were allowed, but currently any form ofcommunication 
with detainees, including visitors, is said to be prohibited.
    In mid-1999, an ethnic Korean with foreign citizenship was arrested 
for unauthorized contact with North Koreans. This person was detained 
for a month before being released.
    In May 1998, a foreigner of Korean descent was detained and held 
incommunicado for nearly 3 months before he was finally released. In 
September 1998, another foreigner of Korean descent was held 
incommunicado for more than a month for an unspecified ``violation of 
law'' before being released and expelled from the country.
    South Korean newspapers reported in 1997 that family members of 
North Korean defector Hwang Chang Yop, former head of the Juche 
Research Institute, and a senior advisor to Kim Il Song and Kim Jong 
Il, who defected to South Korea in that year, were either under house 
arrest or incarcerated in political prisons. However, visiting 
foreigners, have seen some members of his family.
    In 1991 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 where conditions are 
extremely harsh and from which prisoners never emerge. In the other, 
prisoners can be ``rehabilitated.''
    In March North Korean officials in Thailand tried to detain a 
Bangkok-based North Korean diplomat, Hong Sun Gyong, and his family. 
Hong and his wife escaped from their abductors and then requested 
asylum. Their son was taken to Laos by North Korean officials but 
subsequently was allowed to rejoin his parents in Thailand. The North 
Korean Government requested Hong's extradition, claiming that he had 
conspired to embezzle state funds. As of October, Hong's asylum request 
and his extradition case both were pending.
    The Government is not known to use forced exile. However, the 
Government routinely uses forced resettlement and has relocated many 
tens of thousands of persons from Pyongyang to the countryside. There 
are also reports that physically disabled persons and those judged to 
be politically unreliable have been sent to internal exile as well. 
Often those relocated are selected on the basis of family background. 
Nonetheless, there is some evidence that class background is less 
important than in the past because of the regime's emphasis on the 
solidarity of the ``popular masses,'' and ``united front'' efforts with 
overseas Koreans. According to unconfirmed September 1997 foreign press 
reports, some 500 senior officials were sent into internal exile.
    e. Denial of Fair Public Trial.--The Constitution states that 
courts are independent and that judicial proceedings are to be carried 
out in strict accordance with the law; however, an independent 
judiciary and individual rights do not exist. The Public Security 
Ministry dispenses with trials in political cases and refers defendants 
to the Ministry of State Security for imposition of punishment.
    The Constitution contains elaborate procedural protections, and it 
states that cases are heard in public, and that the accused has the 
right to a defense; hearings may be closed to the public as stipulated 
by law. When trials are held, lawyers are apparently assigned by the 
Government. Reports indicate that defense lawyers are not considered 
representatives of the accused; rather, they 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 or lawyers 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 behavior as sitting on newspapers bearing Kim Il Sung's 
picture, or (in the case of a professor reportedly sentenced to work as 
a laborer) noting in class that Kim Il Sung had received little formal 
education. The KWP has a special regulation protecting the images of 
Kim Il Sung and Kim Jong Il. All citizens are required by this 
regulation to protect from damage any likeness of the two Kim's. 
Beginning in the 1970's, the ``10 Great Principles of Unique Ideology'' 
directed that anyone who tore or otherwise defaced a newspaper photo of 
either of the two Kim's was a political criminal and punished as such. 
Defectors have reported families being punished because children had 
accidentally defaced photographs of one of the two Kim's. Families must 
display pictures of the two Kim's in their homes, and if local party 
officials found the family had neglected its photos, the punishment was 
to write self-criticism throughout an entire year (see Section 1.f.).
    A foreigner hired to work on foreign broadcasts for the regime was 
imprisoned for 1 year without trial for criticizing the quality of the 
regime's foreign propaganda. He was then imprisoned for 6 more years 
(with trial) shortly after hisrelease for claiming in a private 
conversation that his original imprisonment was unjust. While AI has 
listed 58 political prisoners by name, the total number of political 
prisoners being held is much larger. Several defectors and former 
inmates reported that the total figure is approximately 150,000, while 
South Korean authorities said the total figure is about 200,000.
    The South Korean Ministry of National Unification reported to its 
National Assembly in October 1997 that North Korea held more than 
200,000 political prisoners in camps where many had frozen or starved 
to death, and that famine may have worsened conditions. The report went 
on to describe the camps as having no electricity or heating 
facilities. The report claimed that those who attempted to escape were 
executed immediately. Most camps are located in remote mountain or 
mining areas. Some reports indicated an increase in the number of 
political prisoners as North Koreans had begun to complain more openly 
about the failure of the Government's economic policies.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the inviolability of 
person and residence and the privacy of correspondence; however, the 
Government does not respect these provisions in practice. The regime 
subjects its citizens to rigid controls. The state leadership perceives 
most international norms of human rights, and especially individual 
rights, as alien social concepts subversive to the goals of the State 
and party. The Government relies upon an extensive, multilevel system 
of informers to identify critics and potential troublemakers. Whole 
communities sometimes are subjected to massive security checks. 
According to Kim Jong Il, North Korean society represents ``a new way 
of thinking'' that cannot be evaluated on the basis of ``old 
yardsticks'' of human rights imported from abroad. In this context, the 
DPRK celebrates the closed nature of its society. The possession of 
``reactionary material'' and listening to foreign broadcasts are both 
considered crimes that may subject the transgressor to harsh 
punishments. In some cases, entire families are punished for alleged 
political offenses committed by one member of the family. For example, 
defectors have reported families being punished because children had 
accidentally defaced photographs of one of the two Kim's. Families must 
display pictures of the two Kim's in their homes, and must keep them 
clean. Local party officials have conducted unannounced inspections 
once a month, and if the inspectors found the family had neglected its 
photos, the punishment was to write self-criticism throughout an entire 
year (see Section 1.e.).
    The Constitution provides for the right to petition. However, when 
an anonymous petition or complaint about state administration is 
submitted, the Ministries of State Security and Public Safety seek to 
identify the author through handwriting analysis. The suspected 
individual may be subjected to a thorough investigation and punishment.
    The regime justifies its dictatorship with arguments derived from 
concepts of collective consciousness and the superiority of the 
collective over the individual, appeals to nationalism, and citations 
of ``the juche idea.'' The authorities emphasize that the core concept 
of juche is ``the ability to act independently without regard to 
outside interference.'' Originally described as ``a creative 
application of Marxism-Leninism'' in the national context, juche is a 
malleable philosophy reinterpreted from time to time by the regime as 
its ideological needs change and used by the regime as a ``spiritual'' 
underpinning for its rule.
    As defined by Kim Il Sung, juche is a quasi-mystical concept in 
which the collective will of the people is distilled into a supreme 
leader whose every act exemplifies the State and society's needs. 
Opposition to such a leader, or to the rules, regulations, and goals 
established by his regime is thus in itself opposition to the national 
interest. The regime therefore claims a social interest in identifying 
and isolating all opposition.
    Since the late 1950's the regime has divided society into three 
main classes: ``Core,'' ``wavering,'' and ``hostile.'' These three 
classes are further subdivided into subcategories based on perceived 
loyalty to the Party and the leadership. Security ratings are assigned 
to each individual; according to some estimates, nearly half of the 
population is designated as either ``wavering'' or ``hostile.'' These 
loyalty ratings determine access to employment, higher education, place 
of residence, medical facilities, and certain stores. They also affect 
the severity of punishment in the case of legal infractions. While 
there are signs that this rigid system has been relaxed somewhat in 
recent years--for example, children of religious practitioners are no 
longer automatically barred from higher education--it remains a basic 
characteristic of KWP political control.
    Citizens with relatives who fled to South Korea at the time of the 
Korean War still appear to be classified as part of the``hostile 
class'' in the DPRK's elaborate loyalty system. This subcategory alone 
encompasses a significant percentage of the population. One defector 
estimated that the class of those considered potentially hostile may 
comprise 25 to 30 percent of the population; others place the figure at 
closer to 20 percent. Members of this class are still subject to 
discrimination, although a defector has claimed that their treatment 
has improved greatly in recent years.
    The authorities subject citizens of all age groups and occupations 
to intensive political and ideological indoctrination. Even after Kim 
Il Sung's death, his cult of personality and the glorification of his 
family and the official juche ideology remained omnipresent. The cult 
approaches the level of a state religion.
    The goal of indoctrination remains to ensure loyalty to the system 
and leadership, as well as conformity to the State's ideology and 
authority. The necessity for the intensification of such indoctrination 
is repeatedly stressed in the writings of Kim Jong Il, who attributes 
the collapse of the Soviet Union largely to insufficient ideological 
indoctrination, compounded by the entry of foreign influences.
    Indoctrination is carried out systematically, not only through the 
mass media, but also in schools and through worker and neighborhood 
associations. Kim Jong Il has stated that ideological education must 
take precedence over academic education in the nation's schools, and he 
has also called for the intensification of mandatory ideological study 
and discussion sessions for adult workers.
    In 1997 the Nodong Shinmun newspaper announced that the class 
indoctrination program would be intensified after Kim Jong Il assumed 
the office of General Secretary of the KWP. The program was being 
administered by the KWP's basic-level organizations in all areas of the 
country. The program stressed two points: That the Kim Jong Il 
leadership blesses the people, and that the people must do their best 
for the economy.
    Another aspect of the State's indoctrination system is the use of 
mass marches, rallies, and staged performances, sometimes involving 
hundreds of thousands of people. In September 1998, celebrations of the 
50th anniversary of the founding of the DPRK included hours of 
carefully choreographed demonstration of mass adulation of the 
leadership. In October 1997, similar celebrations of the 50th 
anniversary of the KWP reportedly involved virtually the entire 
population of Pyongyang and outlying communities. Foreign visitors have 
been told that nonparticipation by Pyongyang residents in this event 
was unthinkable.
    The Government monitors correspondence and telephones. Telephones 
essentially are restricted to domestic operation although some 
international service is available on a very restricted basis.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--Articles of the Constitution that 
require citizens to follow ``Socialist norms of life'' and to obey a 
``collective spirit'' take precedence over individual political or 
civil liberties. Although the Constitution provides for freedom of 
speech and the press, the Government prohibits the exercise of these 
rights in practice. The regime permits only activities that support its 
objectives.
    The Government strictly curtails freedom of expression. The 
authorities may punish persons for criticizing the regime or its 
policies by imprisonment or ``corrective labor.'' One defector reported 
in 1986 that a scientist, whose home was under surveillance 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. It carefully 
manages the visits of Western journalists. In 1996 the Cable News 
Network was allowed to broadcast live, unedited coverage of the 2nd 
year memorial service for the death of Kim Il Sung. The regime recently 
allowed foreign journalists to report on the food situation. Foreign 
journalists also were allowed to report on the Korean Peninsula Energy 
Development Organization (KEDO) light-water reactor groundbreaking at 
Kumho in 1997. Although more foreign journalists have been allowed into 
North Korea, the Government still maintains the strictest control over 
the movements of foreign visitors. 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 receive only domestic programming; radios 
obtained from abroad must be submitted for alteration to operate in a 
similar manner. Private telephone lines operate on an internal system 
that prevents making and receiving calls from outside the country. 
International phone lines are available under very restricted 
circumstances. The Government set up an Internet web site, based in 
Tokyo, Japan, for propaganda purposes. There may be very limited 
Internet access in North Korea for government officials, according to 
recent reports.
    Late in 1997, the Government published threats against South Korean 
media for criticizing the North Korean leadership. The first instance 
was in response to a South Korean newspaper editorial; the second in 
reaction to a television drama about life in North Korea.
    The Government severely restricts academic freedom and controls 
artistic and academic works. Visitors report that one of the primary 
functions of plays, movies, operas, children's performances, and books 
is to contribute to the cult of personality surrounding Kim Il Sung and 
Kim Jong Il.
    b. Freedom of Peaceful Assembly and Association.--Although the 
Constitution provides for freedom of assembly, the Government does not 
respect this provision in practice. The Government prohibits any public 
meetings without authorization.
    Although the Constitution provides for freedom of association, the 
Government does not respect this provision in practice. There are no 
known organizations other than those created by the Government. 
Professional associations exist primarily as a means of government 
monitoring and control over the members of these organizations.
    c. Freedom of Religion.--The Constitution provides for the 
``freedom of religious belief,'' including ``the right to build 
buildings for religious use.'' However, the same article adds that ``no 
one can use religion as a means to drag in foreign powers'' or to 
disrupt the social order. In practice the regime discourages all 
organized religious activity except that which serves the interests of 
the State.
    In recent years, the regime has allowed the formation of several 
government-sponsored religious organizations. These serve as 
interlocutors with foreign church groups and international aid 
organizations. Some foreigners who have met with representatives of 
these organizations are convinced that they are sincere believers; 
others claim that they appeared to know little about religious dogma, 
liturgy, or teaching.
    There are a few Buddhist temples where religious activity is 
permitted, and three Christian churches--two Protestant and one 
Catholic--have opened since 1988 in Pyongyang. Many visitors say that 
church activity appears staged. Foreign Christians who have attempted 
to attend services at these churches without making prior arrangements 
with the authorities report finding them locked and unattended, even on 
Easter Sunday. The authorities have told foreign visitors that one 
Protestant seminary exists, accepting six to nine pupils every 3 years.
    The DPRK claims that there are 10,000 Christians who worship in 500 
house churches, and the Chondogyo Young Friends Party, a government-
sponsored group based on a native Korean religious movement, is still 
in existence.
    Prison inmates who are imprisoned for their religious beliefs or 
who try to worship in prison reportedly are treated worse than other 
inmates (see Section 1.c.).
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--In the past, the regime has strictly 
controlled internal travel, requiring a travel pass for any movement 
outside one's home village. These passes were granted only for official 
travel or attendance at a relative's wedding or funeral. Long delays in 
obtaining the necessary permit often resulted in denial of the right to 
travel even for these limited purposes. In recent years, it appears 
that the internal controls on travel have eased or broken down 
somewhat. There are reports of significant movement of people traveling 
across the country in search of food. Only members of a very small 
elite have vehicles for personal use. The regime tightly controls 
access to civilian aircraft, trains, buses, food, and fuel.
    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. This is a significant lever, since 
food, housing, health, and general living conditions are much better in 
Pyongyang than in the rest of the country.
    AI has reported serious human rights abuses involving North Korean 
workers working in the Far Eastern portion of Russia and North Korean 
refugees living in Russia. There are about 6,000 DPRK workers in camps 
in the Russian Far East engaged in farming, mining, and construction. 
Conditions in these North Korean-run camps are harsh; food is scarce; 
and discipline is severe. In the past, there have been allegations that 
discipline includes physical torture such as placing wooden logs 
between the knees of offenders, after which they were forced to sit 
down, causing them excruciating pain. In recent years, offenders have 
been sent back to the DPRK for punishment due to the increased scrutiny 
that the labor camps have been under since Russian and foreign media 
began reporting on the conditions in these camps in the early 1990's.
    North Korean refugees in Russia comprise two groups: Those who were 
selected to work in Russia but refused to return to the DPRK and those 
who have fled into Russia from the DPRK. Until 1993 under a ``secret 
protocol,'' the DPRK Public Security Service reportedly was allowed to 
work inside Russia to track down workers who fled the camps. Since 1993 
many North Korean refugees have been engaged in business in the Russian 
Far East.
    Many North Korean refugees in Russia face severe hardships due to 
their lack of any identification. Workers arriving in Russia usually 
have their passport and other identification confiscated by North 
Korean border guards.
    The DPRK Government reportedly tried to prevent defections in 
Russia by using diplomatic channels to influence Russian authorities 
and international organizations. In a number of cases, North Korean 
authorities reportedly told Russian authorities that a particular North 
Korean who had applied for asylum in Russia or elsewhere was a criminal 
offender in North Korea. An extradition treaty signed by both nations 
in 1957 requires that defectors with criminal records be returned to 
their country.
    The regime limits foreign travel to officials and trusted artists, 
athletes, academics, and religious figures. It does not allow 
emigration. In recent years, there are persistent reports of a steady 
increase in North Korean defectors arriving in China, Hong Kong, 
Vietnam, and other Asian countries. The regimereportedly retaliates 
harshly against the relatives of those who manage to escape. According 
to the Penal Code, defection and attempted defection (including the 
attempt to gain entry to a foreign embassy for the purpose of seeking 
political asylum) are capital crimes. Defectors have stated that DPRK 
border guards have received shoot-to-kill orders against potential 
defectors attempting to cross the border into China. Other defectors 
have reported that some defectors who have been involuntarily returned 
have been executed (see Section 1.a.). Following the collapse of 
European communism, the regime recalled several thousand students from 
overseas. It no longer allows students to study abroad except in China 
and a few other places.
    According to South Korean media accounts, the DPRK increased 
controls over the population when Hwang Chang Yop defected in 1997 (see 
Section 1.d.).
    From 1959 to 1982, 93,000 Korean residents of Japan, including 
6,637 Japanese wives, voluntarily repatriated to North Korea. Despite 
DPRK assurances that the wives, more than a third of whom still had 
Japanese citizenship, would be allowed to visit Japan every 2 or 3 
years, none were permitted to do so until 1997. Many have not been 
heard from, and their relatives and friends in Japan have been 
unsuccessful in their efforts to gain information about their condition 
and whereabouts.
    The DPRK and the Japanese Government held a series of bilateral 
meetings in Beijing in the second half of 1997, during which the DPRK 
agreed to allow some Japanese wives resident in North Korea to visit 
Japan. The first such visit occurred in November 1997 when 15 Japanese 
wives arrived for a 1-week visit. An additional 12 Japanese wives 
visited for a week in January and February. In June the DPRK 
authorities cancelled a visit by Japanese-born women to Japan. In 
announcing the cancellation, the state-controlled media cited 
``artificial hurdles and inhuman acts on the Japanese side.''
    Although the DPRK has permitted an increasing number of overseas 
Korean residents of North America, Japan, China, and other countries to 
visit their relatives in North Korea over the past decade, most 
requests for such visits are still denied. Many foreign visitors to the 
1995 International Pyongyang Sports Festival reported that they were 
denied permission to visit or otherwise contact their relatives, even 
those who lived only a few miles from Pyongyang.
    Although the DPRK is a member of the United Nations, it does not 
participate in international refugee forums, and it is not in contact 
with the U.N. High Commissioner for Refugees. There is no known policy 
or provision for first asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have no right or mechanisms to change their leadership or 
government. The political system is completely dominated by the KWP, 
with Kim Il Sung's heir Kim Jong Il in full control. Very little 
reliable information is available on intraregime politics following Kim 
Il Sung's death. The legislature, the Supreme People's Assembly (SPA), 
which meets only a few days a year, serves only to rubber-stamp 
resolutions presented to it by the party leadership. In October 1997, 
Kim Jong Il acceded to the position of General Secretary of the Korean 
Worker's Party. In September the SPA reconfirmed Kim as the Chairman of 
the National Defense Commission and declared that position the 
``highest office of State.'' The presidency was abolished, leaving the 
late Kim Il Sung as the DPRK's only President.
    In an effort to give the appearance of democracy, the DPRK has 
created several ``minority parties.'' Lacking grassroots organizations, 
they exist only as rosters of officials with token representation in 
the Supreme People's Assembly. Their primary purpose appears to be 
promoting government objectives abroad as touring parliamentarians. 
Free elections do not exist, and Kim Jong Il has criticized the concept 
of free elections and competition among political parties as an 
artifact of capitalist decay.
    Elections to the Supreme People's Assembly and to provincial, city, 
and county assemblies are held irregularly. In July SPA elections were 
held for the first time since 1990. According to the government-
controlled media, over 99 percent of the voters participated to elect 
100 percent of the candidates approved by the KWP. Results of previous 
SPA elections have produced virtually identical outcomes. The vast 
majority of the KWP's estimated 3 million members (in a population of 
23 million) work to implement decrees formulated by the Party's small 
elite.
    Few women have reached high levels of the Party or the Government.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government does not permit any independent domestic 
organizations to monitor human rights conditions or to comment on 
violations of such rights. Although a North Korean Human Rights 
Committee was established in 1992, it denies the existence of any human 
rights violations in North Korea and is merely a propaganda arm of the 
regime. However, by offering international human rights organizations 
an identifiable official interlocutor, the Committee helped increase 
their ability to enter into two-way communication with the regime.
    In April 1998, during the 54th meeting of the U.N. Commision on 
Human Rights, the North Korean delegation accused the international 
community of slandering the DPRK's human rights record, adding that the 
DPRK Government would not tolerate ``any attempt to hurt the 
sovereignty and dignity of the country under the pretext of human 
rights.''
    In 1996 a delegation from AI visited the DPRK and discussed legal 
reforms and prisoner cases with senior government officials. The 
Government has ignored requests for visits by other international human 
rights organizations.
    In August 1997, the U.N. Subcommission on Prevention of 
Discrimination and Protection of Minorities adopted a resolution 
criticizing the DPRK for its human rights practices. The DPRK 
subsequently announced that it would withdraw from the International 
Covenant on Civil and Political Rights (ICCPR), calling the resolution 
an attack on its sovereignty. For more than a decade, the DPRK had 
failed to report on its implementation of the ICCPR to the U.N. Human 
Rights Committee. In October 1997, the U.N. Human Rights Committee 
issued a statement criticizing the attempt by North Korea to withdraw 
from the ICCPR, noting that countries that had ratified the ICCPR could 
not withdraw from the covenant. In August 1998, the Human Rights 
Committee readopted a resolution urging the DPRK to improve its human 
rights record.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution grants equal rights to all citizens. However, in 
practice the Government denies its citizens most fundamental human 
rights. There was pervasive discrimination on the basis of social 
status.
    Women.--There is no information available on violence against 
women.
    The Constitution states that ``women hold equal social status and 
rights with men.'' However, although women are represented 
proportionally in the labor force, few women have reached high levels 
of the party or the Government. In many small factories, the work force 
is predominantly female. Like men, working-age women must work. They 
are thus required to leave their preschool children in the care of 
elderly relatives or in state nurseries. However, according to the 
Constitution, women with large families are to work shorter hours. 
There were reports that women were trafficked to China (see Section 
6.f.).
    Children.--Social norms reflect traditional, family-centered values 
in which children are cherished. The State provides compulsory 
education for all children until the age of 15. Some children are 
denied educational opportunities and subjected to other punishments and 
disadvantages as a result of the loyalty classification system and the 
principle of ``collective retribution'' for the transgressions of their 
parents (see Section 1.f.).
    Like others in society, children are the objects of intense 
political indoctrination; even mathematics textbooks propound party 
dogma. In addition, foreign visitors and academic sources report that 
children from an early age are subjected to several hours a week of 
mandatory military training and indoctrination at their schools. School 
children are sometimes sent to work in factories or in the fields for 
short periods to assist in completing special projects or in meeting 
production goals.
    In practice children do not enjoy any more civil liberties than 
adults. In June the U.N. Committee on the Rights of the Child (UNCRC) 
released its concluding observations on a February 1996 report 
submitted by the DPRK, detailing its adherence to the International 
Convention on the Rights of the Child. The UNCRCfound that the DPRK 
``strategy, policies, and programs for children do not fully reflect 
the rights-based approach enshrined in the convention.'' The UNCRC also 
expressed concern over ``de facto discrimination against children with 
disabilities and at the insufficient measures taken by the state party 
to ensure that these children have effective access to health, 
education, and social services, and to facilitate their full 
integration into society.''
    According to the World Food Program, the international community is 
feeding nearly every child under the age of 7 years. In some remote 
provinces, many persons over the age of 6 years reportedly appear to be 
suffering from long-term malnutrition. In August 1997, a senior U.N. 
Children's Fund (UNICEF) official said that about 80,000 children in 
North Korea were in immediate danger of dying from hunger and disease; 
800,000 more were suffering from malnutrition to a serious but lesser 
degree.
    In the fall of 1998, the NGO's Doctors Without Borders (DWB) and 
Doctors of the World closed their offices in the DPRK because the 
Government denied them access to a large population of sick and 
malnourished children. DWB officials said that they had evidence that 
orphaned and homeless children had been gathered into so-called ``9-27 
camps.'' These camps reportedly were established under a September 27, 
1995 order from Kim Jong Il to ``normalize'' the country. North Korean 
refugees who have escaped from the 9-27 camps into China have reported 
inhuman conditions.
    Information about societal or familial abuse of children is 
unavailable. There were reports that young girls were trafficked to 
China (see Section 6.f.).
    People with Disabilities.--Traditional social norms condone 
discrimination against the physically disabled. Disabled persons almost 
never are seen within the city limits of Pyongyang, and several 
defectors and other former residents report that disabled persons are 
assigned to the rural areas routinely. According to one report, 
authorities check every 2 to 3 years in the capital for persons with 
deformities and relocate them to special facilities in the countryside. 
There are no legally mandated provisions for accessibility to buildings 
or government services for the disabled. In a statement in April, the 
U.N. Committee on the Rights of the Child criticized ``de facto 
discrimination'' in the DPRK against children with disabilities.
Section 6. Worker Rights
    a. The Right of Association.--Nongovernmental labor unions do not 
exist. The KWP purports to represent the interests of all labor. There 
is a single labor organization, 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 classic ``Stalinist model,'' with responsibility for 
mobilizing workers behind production goals and for providing health, 
education, cultural, and welfare facilities. Unions do not have the 
right to strike.
    North Korea is not a member of, but has observer status with, the 
International Labor Organization.
    b. The Right to Organize and Bargain Collectively.--Workers have no 
right to organize or to bargain collectively. Government ministries set 
wages. The State assigns all jobs. Ideological purity is as important 
as professional competence in deciding who receives a particular job, 
and foreign companies that have established joint ventures report that 
all their employees must be hired from lists submitted by the KWP. 
Factory and farm workers are organized into councils, which do have an 
impact on management decisions.
    c. Prohibition of Forced or Compulsory Labor.--There is no 
prohibition on the use of forced or compulsory labor, and the 
Government frequently mobilizes the population for construction 
projects. Military conscripts routinely are used for this purpose as 
well. ``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. 
School children are assigned to factories or farms for short periods to 
help meet production goals (see Section 5).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--According to the Constitution, the State prohibits work by 
children under the age of 16 years. As education is universal and 
mandatory until the age of 15, it is believed that this regulation is 
enforced. There is no prohibition on forced laborby children, and 
school children are assigned to factories or farms for short periods to 
help meet production goals (see Section 6.c.).
    e. Acceptable Conditions of Work.--No data is available on the 
minimum wage in state-owned industries. Until the increasing food 
shortages of recent years, wages and rations appeared to be adequate to 
support workers and their families at a subsistence level. Wages are 
not the primary form of compensation since the State provides all 
educational and medical needs free of charge, while only token rent is 
charged. The minimum wage for workers in North Korea's free economic 
and trade zone (FETZ) is approximately $80 per month; in foreign-owned 
and joint venture enterprises outside the FETZ the minimum wage is 
reportedly close to $110 per month. It is not known what proportion of 
the foreign-paid wages go to the worker and what proportion remains 
with the State. The Korean Peninsula Energy Development Organization 
(KEDO, the international organization charged with implementation of a 
light-water reactor and other projects) has concluded a protocol and a 
related memorandum of understanding concerning wages and other working 
conditions for citizens who are to work on KEDO projects. Unskilled 
laborers receive about $110 per month while skilled laborers are paid 
slightly more depending on the nature of the work performed.
    The Constitution states that all working-age citizens must work and 
``strictly observe labor discipline and working hours.'' The Penal Code 
states that anyone who hampers the nation's industry, commerce, or 
transportation by intentionally failing to carry out a specific 
assignment ``while pretending to be functioning normally'' is subject 
to the death penalty; it also states that anyone who ``shoddily carries 
out'' an assigned duty is subject to no less than 5 years'' 
imprisonment.
    Even persistent tardiness may be defined as ``anti-Socialist 
wrecking'' under these articles, although as a result of food shortages 
absenteeism reportedly has become widespread as more time must be spent 
finding food. A DPRK official described the labor force to an audience 
of foreign business executives by noting that ``there are no riots, no 
strikes, and no differences of opinion'' with management.
    In 1994 the authorities reportedly adopted new labor regulations 
for enterprises involving foreign investments. The regulations on labor 
contracts set out provisions on the employment and dismissal of 
workers, technical training, workhours, rest periods, remuneration, 
labor protection, social security, fines for violations of regulations, 
and settlement of disputes.
    The Constitution stipulates an 8-hour workday; however, several 
sources report that most laborers work from 12 to 16 hours daily. Some 
of this additional time may include mandatory study of the writings of 
Kim Il Sung and Kim Jong Il. The Constitution provides all citizens 
with a ``right to rest,'' including paid leave, holidays, and access to 
sanitariums and rest homes funded at public expense. Many worksites are 
hazardous, and the rate of industrial accidents is high.
    f. Trafficking in Persons.--There are no known laws specifically 
addressing the problem of trafficking in persons.
    There were reports early in the year that women and young girls 
were sold by their families as wives to men in China. A network of 
smugglers reportedly facilitates this trafficking.
                                 ______
                                 

                                  LAOS

    The Lao People's Democratic Republic is an authoritarian, 
Communist, one-party state ruled by the Lao People's Revolutionary 
Party (LPRP). Although the 1991 Constitution outlines a system composed 
of executive, legislative, and judicial branches, in practice the LPRP 
continued to influence governance and the choice of leaders through its 
constitutional ``leading role'' at all levels. The 99-member National 
Assembly, elected in 1997 under a system of universal suffrage, 
selected the President and Prime Minister in February 1998. The 
judiciary is subject to executive influence.
    The Ministry of Interior (MOI) maintains internal security but 
shares the function of state control with party and mass front 
organizations. The Ministry of Foreign Affairs is responsible for the 
monitoring and oversight of foreigners working in Laos; these 
activities are augmented by other security organizations' surveillance 
systems. The MOI includes local police, security police (including 
border police), communication police, and other armed police units. The 
armed forces are responsible for external security but also have some 
domestic security responsibilities that include counter-terrorism and 
counter-insurgency activities. Civilian authorities generally maintain 
effective control over the security forces. There continue to be 
credible reports that some members of the security forces committed 
human rights abuses.
    Laos is an extremely poor country. After the LPRP came to power in 
1975, 10 percent of the population (at least 360,000 persons) fled the 
country to escape the Government's harsh political and economic 
policies. The economy is principally agricultural; 85 percent of the 
population is engaged in subsistence agriculture. Per capita gross 
domestic product is estimated to be $240 per year. Since 1986 the 
Government largely has abandoned its Socialist economic policies. 
Economic reforms have moved the country from a moribund, centrally 
planned system to a market-oriented economy open to foreign investment 
with a growing legal framework, including laws to protect property 
rights.
    The Government's human rights record deteriorated in some aspects 
throughout the year, and serious problems remain. Citizens do not have 
the right to change their government. Members of the security forces at 
times abused detainees and acted brutally toward suspected insurgents. 
Prison conditions are extremely harsh, and police used arbitrary 
arrest, detention, and intrusive surveillance. Lengthy pretrial 
detention is a problem. The judiciary is subject to executive 
influence, suffers from corruption, and does not ensure citizens due 
process. The Government infringed on citizens' privacy rights. The 
Government restricts freedom of speech, assembly, and association. The 
Government restricts freedom of religion and arrested and detained more 
than 55 Christians. The Government imposes some restrictions on freedom 
of movement and the press. Some societal discrimination against women 
and minorities persists. The Government restricts some worker rights. 
However, it permitted increased access to the foreign press and the 
Internet and actively supported a policy of encouraging greater rights 
for women and minorities. The Government has begun to focus on the 
problem of trafficking in women and children.
    An organized Hmong insurgent group was responsible for occasional 
clashes with government troops. These exchanges reportedly were brutal 
on both sides.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
confirmed reports of politically motivated or other extrajudicial 
killings by government officials during the year. There continued to be 
isolated, unsubstantiated reports of deaths at the hands of security 
forces in remote areas, usually in connection with personal disputes 
and the personal abuse of authority.
    Attacks by armed bands on official and civilian travelers continued 
on a small scale in the central and north central regions. The attacks 
apparently involved a mixture of factors including insurgency, clan 
rivalry, robbery, and reaction to encroaching development. There were 
reports that a few civilians were killed. The Government remained 
concerned about the safety of foreigners in remote areas, although 
there were no confirmed attacks on foreigners during the year.
    b. Disappearance.--There were no reports of politically motivated 
disappearances; however, there were contradictory reports concerning 
the disappearance of two U.S. citizens near the northwest border with 
Thailand. The two men, Michael Vang and Houa Ly, reportedly disappeared 
on April 19. The matter remained under investigation by authorities at 
year's end.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the Penal Code prohibit torture, and 
the Government generally respected these provisions in practice; 
however, on occasion, members of the security forces subjected 
detainees to abusive treatment. For example, in March 1998, Lao 
authorities, some wearing police uniforms, detained a foreign citizen 
and three family members in an unofficial detention center for 4 days. 
The Government did not file charges against the four persons. The 
officials reportedly kept the four persons in locked, windowless rooms 
and subjected them to long and arduous interrogation before releasing 
them. The Government offered no explanation for this treatment. There 
is no evidence that the Government is investigating the incident 
seriously.
    The Government chose not to address numerous reports that were made 
by groups outside the country of massive human rights abuses by 
government authorities. Most of these reports could not be confirmed 
through independent sources. However, there continue to be credible 
reports that some members of the security forces committed human rights 
abuses, including arbitrary detention and intimidation. There were 
unconfirmed reports that some members of the security forces were 
responsible for beatings and that others acted brutally in the first 
half of the year in clashes with insurgents or armed individuals 
suspected to be insurgents.
    Prison conditions generally are extremely harsh. Food rations are 
minimal, and most prisoners rely on their families for their 
subsistence. The Government discriminates in its treatment of 
prisoners, restricting the family visits of some and prohibiting visits 
to a few. Prison authorities use degrading treatment, solitary 
confinement, and incommunicado detention against perceived problem 
prisoners. There are confirmed reports that a few jails place prisoners 
in leg chains, wooden stocks, or fixed hand manacles for extended 
periods. Medical facilities range from poor to nonexistent. Prison 
conditions for women are similar to those for men. Several 
international human rights groups continued their longstanding requests 
to the Government to move two political prisoners to a prison with 
better conditions, including more modern medical facilities (see 
Section 1.e.). At year's end, the Government continued to ignore these 
humanitarian pleas.
    The Government does not permit independent monitoring of prison 
conditions.
    d. Arbitrary Arrest, Detention, or Exile.--The law provides for 
arrest warrants issued by the prosecutor, and the Constitution provides 
for due process procedures; however, in practice the Government does 
not respect these provisions fully, and arbitrary arrest and detention 
remain problems. Police sometimes use temporary arrest as a means of 
intimidation. Police exercise wide latitude in making arrests, relying 
on exceptions to the requirement for arrest warrants for those in the 
act of committing a crime or for ``urgent'' cases. Length of detention 
without pretrial hearing or charges is unpredictable, and access to 
family or a lawyer is not assured. There is a functioning bail system, 
but its implementation is arbitrary. A statute of limitations applies 
to most crimes. Alleged violations of security laws have led to lengthy 
pretrial detentions without charge and minimal due process protection 
of those detained. There were reports that some students, teachers, and 
their associates who staged protests were detained for expressions of 
hostility to the regime.
    A number of Hmong returnees were detained in Thoulakhom district, 
some for 2 months, on an apparently fabricated charge that was later 
dropped (see Section 5).
    During and after an abortive, peaceful protest in Vientiane on 
October 26, police arrested at least 30 participants and detained for 
questioning scores of suspected protest supporters. At least 10 
suspected protesters remained in custody without charge at year's end. 
The Government refused to acknowledge the incident publicly. The 
Ministry of Interior did not indicate whether those arrested were in 
investigative detention, in accordance with the law.
    During the year, government authorities arrested and detained more 
than 55 Protestant Christian believers and their spiritual leaders, at 
times holding them in custody for months. In Attapeu two prisoners had 
been in prison for 18 months and 16 months at year's end, respectively; 
their detentions exceed the 1-year limit on investigative detention. In 
Savannakhet 15 persons were held in detention for up to 10 months 
before the provincial government brought charges against them related 
to their religious activities. In Houaphanh 23 persons were arrested 
during October and November for their religious activities; their 
status was unclear at year's end. In Oudomxay four persons were 
arrested in October based on their beliefs; they had not been charged 
by year's end (see Section 2.c.).
    Three former government officials detained in 1990 for advocating a 
multiparty system and criticizing restrictions on political liberties 
were not tried until 1992. One since has died in prison. That same 
year, the court finally tried and handed down life sentences to three 
men detained since 1975 for crimes allegedly committed during their 
tenure as officials under the previous regime. One of these persons 
reportedly has died in prison.
    Based on known cases of detention for suspicion of violations of 
national security, an estimated 100 to 200 persons are in detention. 
Most of these detainees are held without trial; one person has been 
detained since 1992.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for the 
independence of the judiciary and the prosecutor's office; however, 
senior government and party officials wield influence over the courts, 
although likely to a lesser degree than in the past. Some corrupt 
members of the judiciary appear to act with impunity. The National 
Assembly Standing Committee appoints judges; the executive appoints the 
Standing Committee.
    The Lao People's Courts have three levels: District; municipal and 
provincial; and a Supreme Court. Decisions of both the lower courts and 
separate military courts are subject to review by the Supreme Court.
    The Constitution provides for open trials in which defendants have 
the right to defend themselves with the assistance of a lawyer or other 
person. The Constitution requires authorities to inform persons of 
their rights. The law states that defendants may have anyone represent 
them in preparing a written case and accompanying them at their trial, 
but only the defendant may present oral arguments at a criminal trial; 
however, due to lack of funds, most defendants do not have lawyers. 
Defendants enjoy a presumption of innocence; however, in practice 
lawyers face severe restrictions in criminal cases. Most trials are 
little more than direct examinations of the accused, although judges 
appear not to hold preconceived views of a trial's outcome. Trials for 
alleged violations of some security laws and trials that involve state 
secrets, children under the age of 16, or certain types of family law 
are closed.
    There are four known political prisoners: Two prisoners from the 
pre-1975 regime, Colonel Sing Chanthakoumane and Major Pang Thong 
Chokbengvoun, who are serving life sentences after trials that did not 
appear to be conducted according to international standards; and two 
former government officials, Latsami Khamphoui and Feng Sakchittaphong, 
detained in 1990 for advocating a multiparty system and criticizing 
restrictions on political liberties were not tried until 1992; they are 
serving 14-year sentences based on their 1992 convictions.
    Because some political prisoners may have been arrested, tried, and 
convicted under security laws that prevent public court trials, there 
is no reliable method to ascertain accurately their total number. There 
have been no reports of other political prisoners in the last few 
years.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Government imposes some limits on these rights. 
Security laws allow the Government to monitor individuals' private 
communications and movements. The evidence suggests that the Government 
strengthened these elements of state control during the year, 
especially in areas with safety and security problems. Some personal 
freedoms accorded to citizens have expanded over the past few years in 
tandem with liberalization of the economy.
    The Constitution prohibits unlawful searches and seizures; however, 
police at times disregarded constitutional provisions to safeguard 
citizens' privacy, especially in rural areas. Security police may not 
authorize their own searches; they must have approval from a prosecutor 
or court. However, in practice they did not always obtain prior 
approval. The Penal Code generally protects privacy, including mail, 
telephone, and electronic correspondence.
    Political groups other than mass front organizations approved by 
the LPRP are forbidden. Ministry of Interior forces occasionally 
monitor citizens' activities; in addition a loose militia in both urban 
and rural areas has responsibility for maintaining public order and 
reporting ``bad elements'' to the police. Militia usually concern 
themselves more with petty crime and instances of moral turpitude than 
with political activism, although some rural militia may be used for 
security against insurgents. A sporadically active system of 
neighborhood and workplace committees plays a similar monitoring role 
on an informal and irregular basis.
    The Government does not permit the public sale of some leading 
foreign magazines and newspapers. However, minimal restrictions on 
publications mailed from overseas are loosely enforced (see Section 
2.a.). The Government allows citizens to marry foreigners but only with 
its prior approval. Although the Government routinely grants 
permission, the process is burdensome. Marriages to foreigners without 
government approval may be annulled, with both parties subject to 
fines.
    The Government displaced internally hundreds of persons during the 
year, mainly as a result of organized infrastructure development 
programs. The Government provides compensation to displaced persons in 
the form of land and household supplies. In September the Government 
began a review of its policy toward ethnic minorities, including a 
review of its policy of resettlement to solve the problem of highland 
``slash-and-burn'' methods that destroyed forest areas and resulted in 
habitat damage. Credible sources report more flexibility by the 
Government toward the disposition of infrastructure-related and other 
government-planned resettlements. However, some local administrators 
forced highlander groups to resettle in lowland areas to control their 
use of farming methods that destroy forest areas in the pursuit of 
increased food security.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government severely 
restricts political speech and writing in practice. The Government also 
prohibits most criticism that it deems harmful to its reputation. The 
Penal Code forbids slandering the State, distorting party or state 
policies, inciting disorder, or propagating information or opinions 
that weaken the State. The Government has shown more tolerance of 
general criticisms aimed at good governance or improved public service, 
and citizens who lodge legitimate complaints with government 
departments generally do not suffer reprisals. In the second half of 
the year, apparent government concern about public discontent over 
failed economic policies led to tighter media control and fewer 
critical articles and broadcasts. No Lao newspapers reported the 
October 26 protest (see Section 1.d.).
    All print and electronic media are state-owned and controlled. 
Local news in all media reflects government policy, and only rarely 
hints at differences of opinion. Television talk shows and opinion 
articles refer only to differences in administrative approach. 
Translations of foreign press reports generally are without bias, and 
access to Thai press, radio, and television is unhindered. Other Asian 
and many Western newspapers and magazines are available through private 
outlets that have government permission to sell them.
    Authorities also prohibited the dissemination of materials deemed 
to be indecent, to undermine the national culture, or to be politically 
sensitive. Films and music recordings produced in government studios 
must be submitted for official censorship. However, in practice most 
foreign media are easily available. Government enforcement of 
restrictions on nightclub entertainment generally was lax during the 
year.
    Citizens have 24-hour access to Cable News Network and the British 
Broadcasting Corporation, among other international stations accessible 
via satellite television. The Government requires registration of 
satellite dishes and a one-time licensing fee for their use, largely as 
a revenue-generating scheme, but otherwise makes no effort to restrict 
their use.
    Foreign journalists must apply for special visas. Unfettered access 
to information sources and domestic travel unescorted by officials--
hallmarks of a more liberal government attitude in previous years--
declined during the year.
    The Constitution provides for academic freedom; however, the 
Government restricts it, although it has relaxed its restrictions in 
certain areas. Lao and Western academic professionals conducting 
research in Laos may be subject to restrictions on travel and access to 
information and Penal Code restrictions on publication. As the sole 
employer of virtually all academic professionals, the Government 
exercises some control over their ability to travel on research or 
study grants. However, the Government, which once limited foreign 
travel by professors, actively seeks out these opportunities worldwide 
and approves virtually all such proposals.
    Credible reports indicate that some academically qualified ethnic 
minorities, including Hmong, are denied opportunities for foreign 
fellowships and study abroad based on the actions of some state and 
party officials, whose discriminatory behavior goes unchecked. On rare 
occasions, the Government has denied government employees who were not 
party members permission to accept certain research or study grants, 
apparently because they had chosen not to join the LPRP.
    While preparing to assemble and demonstrate in a peaceful protest 
march on Vientiane's main boulevard, at least 30 protesters were 
arrested on October 26. They reportedly intended to demand the 
resignation of the Government, more freedom, and multiparty democracy. 
Other suspected supporters were detained for questioning. The 
Government remained silent on the arrests and subsequent detentions 
(see Section 1.d.). Some government officials characterized the group's 
assembly and attempts to express their opinions as illegal 
antigovernment activities.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly, but the Government continues to 
restrict this right in practice. The Penal Code prohibits participation 
in an organization for the purpose of demonstrations, protest marches, 
or other acts that cause turmoil or social instability. Such acts are 
punishable by a prison term of from 1 to 5 years.
    In May a group of 100 citizens of China assembled in Vientiane to 
protest the North Atlantic Treaty Organization's (NATO) bombing that 
damaged the Chinese embassy in Belgrade, Serbia. Plainclothes police 
quickly intercepted the group, but otherwise allowed them to conduct 
their peaceful protest. This demonstration, considered the second 
largest since 1975, was never reported in the local media.
    In June the Government released the last 8 persons among 44 
arrested in January 1998 for gathering at a Christian bible study 
session in a private home. The 8 were among 13 convicted for 
participating in a group assembly for the purpose of creating social 
turmoil. The Vientiane municipal court record of the 1998 case 
indicates that the judge considered one statement made by a member of 
the group to be critical of the Government (also see Section 2.c.).
    Although the Constitution provides citizens with the right to 
organize and join associations, the Government restricts this right in 
practice. The Government registers and controls all associations and 
prohibits associations that criticize it. Although the Government 
restricts many types of formal professional and social associations, in 
practice informal nonpolitical groups can meet without hindrance. 
Individuals who had formed the Foundation for Promoting Education, a 
private voluntary organization in Vientiane Municipality in 1997, were 
active during the year and awarded prizes for educational achievement 
and scholarships to needy students. The group is supported by private 
contributions and operates independently under its own charter, but 
reports to the Ministry of Education. The Buddhist Promotion Foundation 
is a semiprivate group founded in 1998 by the Lao Buddhist Fellowship 
Association, which reports to the National Front.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, the Government restricts this right in practice. The 
Constitution prohibits ``all acts of creating division of religion or 
creating division among the people.'' The Party and Government appear 
to interpret this section narrowly, thus inhibiting religious practice 
by all persons, including the Buddhist majority and a large population 
of animists. Although official pronouncements accepted the existence of 
religion, they emphasized its potential to divide, distract, or 
destabilize.
    The Constitution notes that the State ``mobilizes and encourages'' 
monks, novices, and priests of other religions to participate in 
activities ``beneficial to the nation and the people.'' The Department 
of Religious Affairs in the LPRP Lao National Front for Reconstruction, 
an LPRP mass organization, is responsible for overseeing all religions.
    The Government's tolerance of religion varied by region. In general 
central government authorities appeared unable to control or mitigate 
harsh measures that were taken by local or provincial authorities 
against the practices of members of minority religious denominations. 
Although there was almost complete freedom to worship among 
unregistered groups in a few areas, particularly in the largest cities, 
government authorities in many regions allowed properly registered 
religious groups to practice their faith only under circumscribed 
conditions. In other areas, such as Savannakhet, Houaphanh, Oudomxay, 
and Attapeu, the authorities arrested and detained religious believers 
and their spiritual leaders without charges. In Luang Prabang, three 
evangelical Christians were sentenced on November 26 to 5 years' 
imprisonment under Article 66 of the Penal Code for gathering together 
to create social turmoil. Each of the three was a well-known Christian 
spiritual leader. It is not known whether their single meeting was 
anything other than a social get-together. In more isolated cases, 
provincial authorities instructed their officials to monitor and arrest 
persons who professed belief in Christianity, Islam, or the Baha'i 
faith. For example, there is clear evidence that in Luang Prabang and 
Savannakhet provinces the authorities continued to force some 
Christians to sign renunciations of their faith.
    Early in the year, citizens in Luang Prabang reported that 
authorities ordered them to stop completely their Christian activities, 
under threat of arrest. The order appeared to apply only to new 
converts; believers of long standing were allowed to continue their 
beliefs and practices.
    In Savannakhet 15 persons were held in detention for up to 10 
months before the provincial government brought charges against them 
related to their religious activities. In Houaphanh 23 persons were 
arrested during October and November for their religious activities; 
their status was unclear at year's end. In Oudomxay four persons were 
arrested in October for their beliefs; they had not been charged by 
year's end (see Section 1.d.).
    In a southern province, police refused to release a Lao Christian 
who was arrested for proselytizing until the detainee had pledged not 
to proselytize again. Although authorities tolerate diverse religious 
practices in mid-1998, in the southern Laos panhandle, a pattern of 
petty local harassment persists. Many converts must pass a gauntlet of 
harsh government interviews but after overcoming that initial barrier 
are permitted to practice their new faith unhindered. During the early 
part of the year, members of long-established congregations had few 
problems in practicing their faith; however, in the second half of the 
year, some churches established a century ago were subjected to 
harassment by local government officials in Savannakhet. Many groups of 
coreligionists seeking to assemble in a new location are thwarted in 
attempts to meet, practice, or celebrate major religious festivals.
    Some minority religious groups report that they were unable during 
the year to register new congregations or receive permission to 
establish new places of worship, including in Vientiane. Authorities 
sometimes advised new branches to join other religious groups with 
similar historical antecedents, despite clear differences between the 
groups' beliefs. Some groups did not submit applications for places of 
worship because they did not believe that their applications would be 
approved.
    The Government in June released the last 8 of 13 Christians 
convicted in March 1998 for exercising their rights to peaceful 
assembly and free speech in a Bible study session (see Section 2.b.). 
The eight remain on probation. Authorities continue to make arrests 
related to religious activities. An estimated 55 to 60 members of 
religious minorities remain in detention. A few of the religious 
detainees are singled out for special treatment: They must wear chains 
on their legs or fixed manacles on their wrists. One detainee was in 
solitary confinement for a period of 3 to 4 weeks. In addition 
authorities in some provinces frequently arrested and detained persons 
temporarily because of their religious beliefs.
    The Roman Catholic Church is unable to operate effectively in the 
highlands and much of the north. However, it has an established 
presence in five of the most populous central and southern provinces, 
where Catholics are able to worship openly. There are three bishops: In 
Vientiane, Thakhek, and Pakse. The status of the Catholic Church in 
Luang Prabang center remains in doubt; there appears to be a 
congregation there but, due to local obstructionism, worship services 
may not always be conducted readily.
    Over 250 Protestant congregations conduct services throughout the 
country. The Lao National Front has recognized two Protestant groups, 
the Lao Evangelical Church, the umbrella Protestant church, and the 
Seventh Day Adventist Church. The Front strongly encourages all other 
Protestant groups to become a part of the Lao Evangelical Church. The 
Government has granted permission to these approved denominations to 
have a total of four church buildings in the Vientiane area. In 
addition the Lao Evangelical Church has maintained church buildings in 
Savannakhet and Pakse.
    The Party controls the Buddhist clergy (Sangha) in an attempt to 
direct national culture. After 1975 the Government attempted to 
``reform'' Buddhism and ceased to consider it the state religion, 
causing thousands of monks to flee abroad, where most still remain. The 
Government has only one semireligious holiday-Boun That Luang-also a 
major political and cultural celebration. However, the Government 
recognizes the popularity and cultural significance of Buddhist 
festivals, and many senior officials openly attend them. Buddhist 
clergy are featured prominently at important state and party functions. 
The Lao National Front directs the Lao Buddhist Fellowship Association, 
which adopted a new charter in April 1998. The Front continues to 
require monks to study Marxism-Leninism, to attend certain party 
meetings, and to combine with their teachings of Buddhism the party-
state policies. In recent years, some individual temples have been able 
to receive support from Theraveda Buddhist temples abroad, to expand 
the training of monks, and to focus more on traditional teachings.
    The authorities continue to be suspicious of parts of the religious 
community other than Buddhism, including some Christian groups, in part 
because these faiths do not share a similar high degree of direction 
and incorporation into the government structure as is the case with 
Theravada Buddhism. Authoritiesespecially appear to suspect those 
religious groups that gain support from foreign sources, aggressively 
proselytize among the poor or uneducated, or give targeted assistance 
to converts. The Government prohibits foreigners from proselytizing, 
although it permits foreign nongovernmental organizations with 
religious affiliations to work in the country. Although there is no 
prohibition against proselytizing by citizens, there has been increased 
local government investigation and harassment of citizens who do so 
under the constitutional provision against creating division of 
religion.
    The Government permits major religious festivals of all established 
congregations without hindrance. Two mosques and two Baha'i centers 
operate openly in Vientiane municipality; two other Baha'i centers are 
located in Vientiane province and Pakse. Five Mahayana Buddhist pagodas 
are located in Vientiane, and others are found in larger cities and 
towns.
    The Government does not permit the printing of religious texts or 
their distribution outside a congregation and restricts the import of 
foreign religious texts and artifacts. The Government requires and 
grants routinely its permission for formal links with coreligionists in 
other countries; however, in practice the line between formal and 
informal links is blurred, and relations generally are established 
without much difficulty.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Migration, and Repatriation.--The Constitution provides for these 
rights; however, the Government restricted some of these rights in 
practice. Citizens who travel across provincial borders are required to 
report to authorities upon their departure and arrival. In designated 
security zones, roadblocks and identity card checks are routine. 
Citizens who seek to travel abroad are required to apply for an exit 
visa; however, the Government grants these routinely. Foreigners are 
restricted from traveling to certain areas such as the Saysomboun 
Special Zone, an administrative area operated by the military forces, 
for safety and security reasons.
    Fear of insurgent attacks on civilians in vehicles traveling in the 
north-central areas impedes travel, especially along parts of Route 13, 
Route 7, and Route 1. Bandits operate in the same area (see Section 
1.a.). The Government attempts to ensure safety on these roads.
    Citizens are free to emigrate; exit visas are required, and the 
Government grants these routinely.
    Since 1980 more than 29,060 citizens who sought refugee status in 
Thailand, China, and other countries have returned to Laos for 
permanent resettlement under monitoring by the U.N. High Commissioner 
for Refugees (UNHCR). There were 1,162 new returnees during the year. 
The Government cooperates with the UNHCR in assisting the groups' 
reintegration into society. These returnees generally have been treated 
the same as other citizens.
    The Constitution provides for asylum and the protection of 
stateless persons under the law, which has included first asylum. There 
were no known cases during the year of asylum seekers being returned to 
a country where they feared persecution.
    The Government has a longstanding policy of welcoming back 
virtually all those among the 10 percent of the population who fled 
after the change in government in 1975. Many have visited relatives, 
some have stayed and gained foreign resident status, and some have 
reclaimed Lao citizenship successfully. A small group tried in absentia 
in 1975 for antigovernment activities does not have the right of 
return. The Government announced in August that it would accept under 
UNHCR monitoring the return of citizens from the Na Pho camp in 
Thailand; all 1,162 returned during the year. The Government has 
insisted on reviewing the backgrounds of any person being repatriated 
formally.
    Some refugee returnees carry identification cards with distinctive 
markings, ostensibly for use by authorities. These distinctive 
identification cards tend to reinforce a pattern of societal 
discrimination against them.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the right to change their government. The 
Constitution legitimizes only a single party, the Lao People's 
Revolutionary Party, which must approve all candidates for local and 
national elections. Candidates need not be LPRP members.
    The Constitution provides for a 99-member National Assembly elected 
every 5 years in open, multiple-candidate, fairly tabulated elections, 
with voting by secret ballot and universal adult suffrage. The National 
Assembly chooses a standing committee apparently based on the previous 
standing committee's decision. Upon the committee's recommendation, the 
National Assembly elects or removes the President and Vice President. 
The standing committee also has powers over elections (including 
approval of candidates), supervision of administrative andjudicial 
organizations, and the sole power to recommend presidential decrees. 
Activities of the standing committee are not fully transparent.
    The National Assembly, upon the President's recommendation, elects 
the Prime Minister and Ministers of the Government.
    The National Assembly may consider and amend draft legislation but 
may not propose new laws. The Constitution gives the right to submit 
draft legislation to the National Assembly standing committee and the 
ruling executive structure.
    Women are underrepresented in government and politics; however, 
women increased their representation in the National Assembly in 1997 
elections from 9 percent to 20 percent, as 20 of the 27 female 
candidates won seats. Four members of the 49-member LPRP Central 
Committee are women, 2 of whom are also members of the 7-member 
Standing Committee in the National Assembly. There are no women in the 
Politburo or the Council of Ministers.
    The number of ethnic minority members in the National Assembly--9 
Lao Soung (highland tribes) and 26 Lao Theung (mid-slope dwelling 
tribes)--matches their proportions in the general population. Men of 
lowland Lao origin dominate the upper echelons of the Party and the 
Government. Nonetheless, the President, two Deputy Prime Ministers, 
three Ministers, and 35 members of the National Assembly are believed 
to be members of ethnic minority groups.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no domestic nongovernmental human rights organizations, 
and the Government does not have a formal procedure for registration. 
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. The Government cooperates on an 
uneven basis with international human rights organizations.
    A human rights unit in the Ministry of Foreign Affairs' Department 
of International Treaties and Legal Affairs has responsibility for 
inquiry into allegations of human rights violations. This government 
unit rarely responds to inquiries regarding individual cases.
    In September 1998, at the invitation of the Government, a special 
U.N. Rapporteur on Trafficking in Children visited various locations 
and made inquiries into possible incidents of child prostitution and 
child pornography.
    The Government maintains contacts with the International Committee 
of the Red Cross (ICRC); government officials received ICRC training on 
human rights law in 1998, and the Government is translating some 
international conventions with ICRC support. The Government has 
permitted U.N. human rights observers to monitor the treatment of 
returning refugees in all parts of the country with minimal 
interference but occasionally places obstacle in the way of 
international standards of monitoring.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides for equal treatment under the law for all 
citizens without regard to sex, social status, education, faith, or 
ethnicity. Children are similarly protected. Although the Government 
has been known to take action when well-documented and obvious cases of 
discrimination came to the attention of high-level officials, the legal 
mechanism whereby a citizen may bring charges of discrimination against 
an individual or organization is neither widely developed nor widely 
understood among the general population.
    Women.--There are reports that domestic violence against women 
occurs, although it is not widespread. Sexual harassment and rape 
reportedly are rare. In cases of rape that are tried in court, 
defendants generally are convicted.
    The Constitution provides for equal rights for women, and the Lao 
Women's Union operates nationally to promote the position of women in 
society. Discrimination against women is not generalized; however, 
varying degrees of traditional culturally based discrimination persist, 
with greater discrimination practiced by some hill tribes. Many women 
occupy responsible positions in the civil service and private business, 
and in urban areas their incomes are often higher than those of men. 
The Family Code prohibits legal discrimination in marriage and 
inheritance.
    In the period from 1997-99, the Government increased support for 
the position of women in society in development programs, some of which 
are designed to increase the participation of women in the political 
system.
    Children.--Government funding to provide fully for children's basic 
health and educational needs is inadequate. Education is compulsory 
through the fifth grade, but children from rural areas and poor urban 
families rarely comply with this requirement. Violence against children 
is prohibited by law, and violators are subject to stiff punishments. 
Reports of the physical abuse of children are rare.
    People With Disabilities.--With donor assistance, the Government is 
implementing limited programs for the disabled, especially amputees. 
The law does not mandate accessibility to buildings or government 
services for disabled persons. However, a government committee is 
formulating policies regarding the disabled, and a national association 
worked to provide greater opportunities.
    Religious Minorities.--The enhanced status given to Buddhism in 
Luang Prabang--famed for its centuries-old Buddhist tradition and 
numerous temples--apparently led some local officials there to act more 
harshly toward minority religious sects, particularly toward Christian 
and Baha'i, than in other areas of the country (see Section 2.c.).
    National/Racial/Ethnic Minorities.--The Constitution provides for 
equal rights for citizens of 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.'' Most of the remainder is a mosaic of diverse upland 
hill tribes whose members, if born in Laos, are Lao citizens. There are 
also ethnic Vietnamese and Chinese minorities, particularly in the 
towns. There is a small community of South Asian origin. The 
implementation in 1994 of the 1990 Law on Nationality provided a means 
for Vietnamese and Chinese minorities to regularize their Lao 
citizenship, and, in sharp contrast with past practice, hundreds did so 
during the year. The Government encourages the preservation of minority 
cultures and traditions; however, due to their remote location and 
difficult access, minority tribes have little voice in government 
decisions affecting their lands and the allocation of natural 
resources.
    The Hmong are one of the largest and most prominent highland 
minority groups. Societal discrimination against the Hmong continues, 
although there are a number of Hmong officials in the senior ranks of 
the Government. In recent years, the Government focused assistance 
projects in Hmong areas in order to overcome disparities in income 
along regional and ethnic lines. Some international observers claim 
that governmental policies aimed at assimilating the Hmong into larger 
society--such as regional boarding schools--are not respectful of Hmong 
native culture; others see this approach as an avenue out of centuries 
of poverty.
    During the year, the Government continued to assist citizens, 
largely members of ethnic minorities, who returned to Laos after having 
fled in 1975. Central and local government officials worked with 
organizations such as the UNHCR to provide land and a sustainable level 
of economic security. Repatriated Hmong generally face no greater 
discrimination than those Hmong who remained. Two U.N. observers who 
monitored repatriation efforts reported no serious incidents of abuse 
or discrimination during the year. However, a number of Hmong returnees 
were detained in Thoulakhom district, some for 2 months, before an 
apparently fabricated charge was dropped.
    Under the Constitution, aliens and stateless foreign citizens are 
protected by ``provisions of the laws,'' but do not in fact enjoy 
rights provided for by the Constitution. During the year, there were 
isolated cases of persons of Lao ethnic background who, as citizens of 
other nations, suffered discrimination when arrested or detained and 
were denied due process, apparently on the basis of their Lao ethnic 
background.
Section 6. Worker Rights
    a. The Right of Association.--Under the 1990 Labor Code and a 1995 
prime ministerial decree, 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 78,000 members work 
in the public sector, overwhelmingly as public servants.
    The State employs the majority of salaried workers, although this 
situation is changing as the Government reduces the number of its 
employees and privatizes state enterprises, and as foreign investors 
open new factories and businesses. Subsistence farmers comprise an 
estimated 85 percent of the work force.
    Strikes are not prohibited by law, but the Government's ban on 
subversive activities or destabilizing demonstrations (see Section 
2.b.) makes a strike unlikely, and none were reported during the year. 
However, the Labor Code does not prohibit temporary work stoppages.
    With advice from the International Labor Organization (ILO), 
including a foreign expert provided by the ILO to work with the 
Ministry of Labor and Social Welfare, the Government revised the Labor 
Code in an effort to clarify the rights and obligations of workers and 
employers.
    The FLTU is free to engage in contacts with foreign labor 
organizations, which during the year included the Association of 
Southeast Asian Nations (ASEAN) Trade Union and the Asia-Pacific 
American Labor Alliance. The FLTU is a member of the World Federation 
of Trade Unions (WFTU).
    b. The Right to Organize and Bargain Collectively.--There is no 
right to organize and bargain collectively. The Labor Code stipulates 
that disputes be resolved through workplace committees composed of 
employers, representatives of the local labor union, and 
representatives of the FLTU, with final authority residing in the 
Ministry of Labor and Social Welfare. Labor disputes are infrequent. 
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, for lodging complaints against 
employers about labor law implementation, or for cooperating with 
officials on labor law implementation and labor disputes. Workplace 
committees are one mechanism used for resolving complaints.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Labor Code 
prohibits forced labor except in time of war or national disaster, when 
the State may conscript laborers. The code also applies to children 
under the age of 15, and generally is enforced effectively. However, 
reports that children are being lured into other countries for sexual 
exploitation and slave labor continued, although there were fewer such 
reports than before 1997 (see Sections 5 and 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Under the Labor Code, children under the age of 15 may not 
be recruited for employment. However, many children help their families 
on farms or in shops. The Labor Code accordingly provides that children 
may work for their families, provided that such children are not 
engaged in dangerous or difficult work. Such employment of children is 
common in urban shops, but rare in industrial enterprises. The 
Ministries of Interior and Justice are responsible for enforcing these 
provisions, but enforcement is ineffective due to a lack of inspectors 
and other resources. Education is compulsory through the fifth grade, 
but this requirement rarely is observed in the rural areas or among the 
urban poor. The Labor Code prohibits forced and bonded labor performed 
by children under age 15, and the law generally is enforced 
effectively; however, there were reports that children were lured into 
sexual exploitation and slavery abroad (see Sections 6.c. and 6.f.).
    e. Acceptable Conditions of Work.--The Labor Code provides for a 
broad range of worker entitlements, including a workweek limited to 48 
hours (36 hours for employment 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. Employers are responsible 
for 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 $0.25 (1,820 kip), which is 
insufficient to provide a decent standard of living for a worker and 
family. Most civil servants receive inadequate pay. However, few 
families in the wage economy depend on only one breadwinner. Some 
piecework employees, especially on construction sites, earn less than 
the minimum wage. Many persons are illegal immigrants, particularly 
from Vietnam and are more vulnerable to exploitation by employers. 
Although workplace inspections reportedly have 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.
    f. Trafficking in Persons.--The penal code prohibits abduction and 
trade in persons as well as the constraint, procuring, and prostitution 
of persons. However, the Government only recently has focused on the 
trafficking of persons across its borders. Although there are no 
reliable data available on the scope and severity of the problem, there 
are indications that the numbers are considerable. The Government has 
increased monitoring and educational programs provided by the Lao 
Women's Union and the Youth Union, both party-sanctioned organizations, 
designed to educate girls and young women about the schemes of 
recruiters for brothels and sweatshops in neighboring countries and 
elsewhere. In the past, the Government has prosecuted some persons for 
involvement in such recruiting activities. During the year, law 
enforcement agencies conducted a minimal number of raids on 
entertainment establishments accused of fostering prostitution.
    The Government is increasingly concerned about Lao children being 
lured for sexual exploitation and slave labor in other countries. The 
National Commission for Mothers and Children, established in 1992 and 
chaired by the Foreign Minister, continues an active program with 
support from the U.N. Children's Fund (see Section 6.c.). The 
Commission, working with the Lao Women's Union, Youth Union, Justice 
Ministry, and Labor Ministry, has conducted workshops around the 
country designed to make parents and teenagers aware of the dangers of 
HIV. At the Government's invitation, a special U.N. Rapporteur on 
Trafficking in Children visited in September 1998 (see Section 4).
                                 ______
                                 

                                MALAYSIA

    Malaysia is a federation of 13 states and two federal territories 
with a parliamentary system of government based on periodic multiparty 
elections in which the ruling National Front coalition has held power 
for more than 40 years. Opposition parties actively contest elections, 
but face serious obstacles in competing with the long-entrenched ruling 
coalition. However, in November elections opposition parties won 
roughly 25 percent of the seats in the Federal Parliament, and an 
opposition party also won control of two state governments. The 
Constitution provides for an independent judiciary; however, government 
action, constitutional amendments, legislation, and other factors 
undermine judicial independence and strengthen executive influence over 
the judiciary. The impartiality of the judiciary continued to 
deteriorate during the year.
    The Royal Malaysian Police have primary responsibility for internal 
security matters. The police report to and are under the effective 
control of the Home Minister. Some members of the police committed 
human rights abuses.
    Malaysia is an advanced developing country with an estimated per 
capita gross domestic product (GDP) of $3,745 and an unemployment rate 
of 3.0 percent. Following nearly a decade of strong economic growth 
averaging over 8 percent annually, it was hit hard by the 1997 regional 
financial and economic crisis. After contracting by 7.5 percent in 
1998, the economy began to recover during the year, posting an 
estimated 4.8 percent growth rate. During 1998 the Government adopted 
stimulative fiscal and monetary policies to promote economic recovery 
and established institutions to recapitalize distressed financial 
institutions and to remove nonperforming loans from the banking system. 
It also enacted selected capital controls to eliminate offshore trading 
in the local currency (ringgit) and to insulate the domestic economy 
from the effects of short-term, speculative capital flows. The 
Government takes an active role in the development of the export-
oriented economy. Manufacturing accounts for 27.9 percent, services for 
52.2 percent, agriculture for 9 percent, and construction and mining 
for 10.9 percent of GDP. Principal manufactured products include 
semiconductors, consumer electronics, electrical products, textiles, 
and apparel. Palm oil exports and production of natural rubber, cocoa, 
and tropical timber also are significant.
    There continued to be serious problems in the Government's human 
rights record in certain areas. Police committed a number of 
extrajudicial killings, although fewer than in previous years. Police 
on occasion tortured, beat, or otherwise abused prisoners, detainees, 
and demonstrators. The former chief of police admitted to having beaten 
the handcuffed and blindfolded former Deputy Prime Minister Anwar 
Ibrahim in 1998. For political reasons, Anwar was charged with 
obstruction of justice in 1998 and convicted in April. Improper conduct 
by the police and prosecutors, along with many questionable rulings by 
the judge, denied Anwar a fair opportunity to defend himself. At year's 
end, Anwar was being tried on a charge of sodomy and being held without 
bail. Police continued to arrest and detain many persons without trial 
or charge. Prolonged pretrial detention is a serious problem. Detained 
criminal suspects are denied access routinely to legal counsel prior to 
being charged formally. An Inter-Parliamentary Union (IPU) delegation 
found that prison conditions were not in accord with international 
norms. Conditions of detention of illegal alien detainees continued to 
pose a threat to life and health; the trial of a prominent human rights 
activist on charges arising from her criticisms of such conditions 
continued. A Western journalist was jailed after losing an appeal of a 
1997 conviction for contempt of court stemming from an article that 
raised questions of judicial favoritism. The Attorney General practiced 
politically motivated, selective prosecution. Many observers expressed 
serious doubts about the independence and impartiality of the 
judiciary. The courts defied an International Court of Justice (ICJ) 
ruling that a United Nations Special Rapporteur was immune from several 
libel suits. Government restrictions, pressure, and intimidation led to 
a high degree of press self-censorship. The Government cracked down on 
newsstand sales of an opposition party newspaper. A U.N. Special 
Rapporteur reported that the Government systematically curtailed 
freedom of expression. Proliferating slander and libel suits threatened 
to stifle freedom of speech. Authorities infringed on citizens' privacy 
rights. The Government placed some restrictions on freedom of assembly 
and some peaceful gatherings. The Government continues to restrict 
significantly freedom of association. The Government continued to 
prohibit students from participating in some political activities. 
Religious freedom is subject to some restrictions, in particular the 
right of Muslims to practice teachings other than Sunni Islam. In 
addition the right of Muslims to change their religion was hindered by 
many practical obstacles. The Government continued to impose some 
restrictions on freedom of movement. Government restrictions and 
policies prevent opposition parties fromcompeting effectively with the 
ruling coalition. The Election Commission's lack of independence 
prevents it from properly implementing and monitoring elections. The 
Government passed legislation to form a National Human Rights 
Commission; however, opposition and nongovernmental organization (NGO) 
leaders were skeptical of its potential independence and effectiveness. 
The Government continued to criticize harshly human rights NGO's. 
Despite government efforts, societal violence and discrimination 
against women remain problems. Malaysia is a source, transit, and 
destination country for trafficking in women and girls for the purpose 
of forced prostitution. Sexual abuse of children occurs, although it is 
punished severely. Indigenous people face discrimination and often are 
exploited, especially in regard to land issues. Longstanding policies 
give preferences to ethnic Malays in many areas, and ethnic minorities 
face discrimination. Some restrictions on worker rights persist. Child 
labor persists, although the Government has taken vigorous action 
against it.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings; however, police committed a number of 
extrajudicial killings.
    The press reported 11 incidents of police killings in the course of 
apprehension with a total of 18 persons killed. Reports of police 
killings decreased significantly shortly after a change in senior 
police personnel in January (see Section 1.c.). However, some cases 
still raised concerns. In January a bank teller was killed in a police 
shoot-out. Police personnel announced later that they were 
investigating the case; however, the results of the investigation were 
not disclosed. Also in January, an opposition figure in Sabah alleged 
that police brutality led to the death from renal failure of a murder 
suspect. Police denied the allegation, and there was no report of any 
investigation. In January the Bar Council called on the police to 
implement a standard procedure to investigate every lethal shooting by 
police; however, the police did not implement such a procedure. In 
March a suspected kidnaper fell to his death from a 4th floor window at 
Selangor state police headquarters. Police said that the suspect threw 
himself from the window while being questioned. No investigation into 
this death was reported.
    In February a customs officer was detained after a man was shot and 
killed during a high-speed chase in Sarawak. In July the customs 
officer was convicted of manslaughter and fined roughly $1,580 (6,000 
ringgit). In August two police officers were detained in connection 
with the death of a suspected drug trafficker in Sabah. Police claimed 
that the trafficker died after falling and hitting his head on a stone. 
At year's end there were no reports of further developments. In 
September a police agent was charged with culpable homicide not 
amounting to murder after he shot a man seated in his car. In February 
the acting inspector general of police said that police investigations 
into two previous shooting incidents had shown that police conduct in 
each incident was justified. The families of the victims in the two 
shooting incidents said that they plan to sue the police. In October a 
man asked police authorities to investigate the death of his son in 
prison. The man said that his son previously had been beaten in prison 
and that he did not believe that his son really had died of natural 
causes, as claimed by police officials. Police responded that the 
prisoner had died of heart disease in a hospital emergency room after 
prison guards had found him unconscious in his cell. There were no 
reports of investigations into any other police killings.
    There were numerous allegations that inhuman conditions of 
detention caused the deaths of illegal aliens (see Section 1.c.).
    A spate of questionable police killings of suspects in the course 
of apprehension in 1998 led the president of a leading human rights NGO 
to question publicly whether police sometimes were acting as ``judge, 
jury, and executioner.'' In February a group of 119 domestic NGO's 
called for an independent commission to look into these and other 
police killings. The Government did not form such a commission. In 
October the Deputy Home Minister informed Parliament that police had 
shot and killed 387 persons over the past 5 years.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--No constitutional provision or law specifically prohibits 
torture, although laws that prohibit ``committing grievous hurt'' 
encompass torture; however, at times some police tortured, beat, and 
otherwise abused prisoners, detainees, and ordinary citizens. The 
authorities investigated some police and other officials for such 
abuses; however, the Government does not routinely release information 
on the results of investigations, and whether those responsible are 
punished is not always known.
    Police continued to abuse detainees. Police sometimes subjected 
criminal suspects and illegal alien detainees to physical and 
psychological torture during interrogation and detention. During the 
1998 trial of former Deputy Prime Minister Anwar Ibrahim, senior police 
officers testified that the police had institutionalized techniques to 
subject some ``national security'' detainees to coercive and abusive 
treatment. A senior police officer said that police did not consider 
the legality of such tactics. During the year, police instituted 
mandatory community relations and ethics courses to address public 
concerns over police misconduct.
    In February former Inspector General of Police Tan Sri Rahim Noor 
admitted before a Royal Commission of Inquiry that in September 1998 he 
personally had beaten the handcuffed and blindfolded former Deputy 
Prime Minister Anwar Ibrahim while the latter was detained by police 
(see Section 1.d.). The beating badly bruised Anwar's face, neck, and 
arms, and reportedly temporarily left him with impaired balance and 
unclear vision. Rahim said that Anwar had provoked him. The Royal 
Commission found Rahim culpable in the beating of Anwar. Police 
subsequently charged Rahim with attempted assault and his trial is 
scheduled for March 2000. If convicted, he faces a maximum sentence of 
3\1/2\ years in prison.
    Prime Minister Mahathir formed the Royal Commission after a long 
police internal investigation, the results of which were announced by 
Attorney General Tan Sri Mohtar Abdullah in January, established that 
police had been responsible for the beating of Anwar (however, the 
police investigation failed to identify a culprit). The Commission 
found no other members of the police culpable or complicit in the 
beating of Anwar or in the subsequent cover-up. In April the Malaysian 
Bar Council expressed shock that the Royal Commission had recommended 
that no action be taken against senior police officers who failed to 
report or arrest Rahim after the beating. Anwar's supporters called on 
the Prime Minister, who (at the time) oversaw the police as Home 
Minister, to take responsibility for Anwar's beating.
    In February a fashion designer, Mior Abdul Razak bin Yahya, swore 
in an affidavit that police had threatened and abused him after he was 
detained in September 1998. Mior said that because of police threats 
and coercion he had confessed falsely to having had sexual relations 
with the former Deputy Prime Minister. In 1998 two other alleged 
homosexual partners gave consistent descriptions of how police used 
psychological and physical abuse to force similar false confessions 
from them. Police have not been investigated or punished for misconduct 
in any of these cases. In 1998 lawyers for former Deputy Prime Minister 
Anwar Ibrahim made public allegations of another lawyer, who 
represented a business associate of Anwar. The associate's lawyer had 
alleged that prosecutors threatened his client with a firearms charge 
that carried a mandatory death sentence unless the client agreed to 
fabricate evidence against Anwar. In February the businessman was 
sentenced to 42 months imprisonment under an amended charge. In August 
the sentence was reduced on appeal to time served.
    In March opposition activist Abdul Malek bin Hussin filed a police 
report accusing police of torturing him in 1998 while he was under 
detention without charge under the Internal Security Act (see Section 
1.d.). Malek alleged that police had, among other abuses, beaten him 
unconscious and forced him to drink their urine. The police have not 
responded publicly to Malek's allegations.
    There were several press reports of others who alleged police 
torture or cruel, inhumane, or degrading treatment while in custody. 
For example, in December ten murder suspects alleged in court that 
police had humiliated and beaten them after they refused to confess. 
There were no reports of investigations into these or any other similar 
allegations.
    During the year, riot police several times forcibly dispersed 
peaceful demonstrators, using truncheons, water cannons, and tear gas 
(see Section 2.b.).
    Criminal law prescribes caning as an additional punishment to 
imprisonment for those convicted of some nonviolent crimes such as 
narcotics possession, criminal breach of trust, and alien smuggling. 
Judges routinely include caning in sentences of those convicted of such 
crimes as kidnaping, rape, and robbery. Some state Islamic laws, which 
bind only Muslims (see Section1.e.), also prescribe caning. The caning, 
which is carried out with a \1/2\-inch-thick wooden cane, commonly 
causes welts, and sometimes causes scarring. Male criminals age 50 and 
above and women are exempted from caning. According to the provisions 
of the Child Act passed in October, male children may be given up to 
ten strokes of a ``light cane.''
    An Inter-Parliamentary Union (IPU) report issued in February, 
stemming from a late 1998 investigation of the case of imprisoned 
opposition Parliamentarian Lim Guan Eng (see Section 1.e.) stated that 
the conditions of Lim's imprisonment did not comply with the U.N. 
Standard Minimum Rules (Treatment of Prisoners) and the U.N. Body of 
Principles for the Protection of All Persons under any Form of 
Detention or Imprisonment. The report cited portions of the Minimum 
Rules that concern light, ventilation, and proper bedding, and 
Principle 6 of the Body of Principles, which prohibits torture, or 
cruel, inhuman, or degrading treatment. However, the delegation that 
drafted this report did not visit Lim in prison, and therefore could 
not make direct observations. The Government said that Lim was detained 
under the same conditions as other prisoners and in accord with the 
colonial-era Prison Rules (1952) and the Prisons Act (1995), which, the 
Government contended, met the standards of the U.N. Minimum Rules. In 
April Deputy Home Minister Ong Ka Ting told Parliament that the 
Government had completed a review of prison rules and made amendments 
that would improve the management of prisoners. Ong said that the 
amendments would be promulgated after the approval of the Attorney 
General. In November Deputy Home Minister Datuk Onk Ka Ting said that a 
mattress would soon be issued to every prisoner. There were no other 
developments reported by year's end.
    Credible reports by former prisoners indicate that guards at some 
prisons regularly beat prisoners convicted of criminal offenses.
    Prison overcrowding is a serious problem. In August the prisons 
director general said that the Government plans to build a new prison 
and expand others. He said that the country's 35 prisons hold 27,400 
prisoners; total designed capacity is 20,000. ``Security'' prisoners 
(see Section 1.d.) are detained in a separate detention center.
    The Government holds many illegal aliens under inhuman conditions. 
NGO's, former detainees, and others make credible allegations of 
inadequate food, poor medical care, poor sanitation, and abuse by 
guards. Detention conditions are so bad that they pose a serious threat 
to life and health. There were many allegations that such inhuman 
conditions caused the deaths of an unknown number of illegal aliens. In 
July, after 3 days without adequate supplies of water, 192 illegal 
aliens escaped from the Lenggeng detention center. Testimony during the 
trial of NGO activist Irene Fernandez (see Section 2.a.) described past 
inhuman conditions at illegal alien detention camps.
    The Government has an agreement with the International Committee of 
the Red Cross (ICRC) providing for visits to certain categories of 
prisoners and has not posed any objection to such visits. However, the 
ICRC has not visited for several years. Other NGO's and the media 
generally are not allowed to monitor prison conditions. Access to 
illegal alien detention camps is restricted and the Government in some 
cases even prevents representatives of foreign embassies from visiting 
their nationals in the camps.
    d. Arbitrary Arrest, Detention, or Exile.--Suspects in some crimes 
(called ``seizable offenses'') may be arrested without warrants; 
suspects in other crimes (``nonseizable offenses'') may be arrested 
only based on a warrant from a magistrate. Suspects in some crimes 
(``bailable offenses'') may present bail at the police station 
according to a schedule. Bail is not available for other crimes 
(``nonbailable offenses'') and sometimes also is denied in other 
circumstances (e.g., great risk of flight). Police may hold suspects 
for 24 hours without charge. Police may request a magistrate to extend 
the period of remand without charge for up to 2 weeks. After this 
extension, the police, if they wish to hold the suspect must charge him 
and seek an order of detention from a magistrate. In some cases, police 
have released suspects under remand and quickly rearrested them on new 
but similar charges. In general, police practice is in accord with 
these legal provisions.
    Police may deny remand prisoners access to legal counsel and 
routinely do so. During this period of remand, police also may question 
suspects without giving them access to counsel. Police justify this 
practice as necessary to prevent interference in ongoing 
investigations. Judicial decisions have upheld this practice. 
Defendants' advocates say the lack of access to counsel seriously 
weakens defendants' legal rights.
    Crowded, understaffed courts and the legal safeguards and appeals 
available to the accused often result in lengthy pretrial detention, 
sometimes lasting several years. In 1998 the prisons director general 
said that roughly half of the prison population consisted of prisoners 
who had not yet been sentenced. Most of these prisoners either have 
been convicted and are awaiting sentence or are in the midst of their 
trials. Detainees awaiting trial constitute much less than half of all 
detainees.
    Three laws permit the Government to detain suspects without 
judicial review or the filing of formal charges: The 1960 Internal 
Security Act (ISA), the Emergency (Public Order and Prevention of 
Crime) Ordinance of 1969, and the Dangerous Drugs Act (Special 
Preventive Measures) of 1985. The press reported one ISA detention 
during the year: In February police detained a computer technician for 
alleged involvement in the falsification of official documents. Some 
opposition and NGO leaders contended that the computer technician might 
have been involved in the political reform movement.
    According to the Home Ministry, in late 1998 223 persons were being 
detained under the ISA. No later figures are available. During the 
year, police detained 1375 persons under the Dangerous Drugs Act 
(Special Preventive Measures). It is not known how many were detained 
at year's end. The Government has not disclosed how many persons are 
detained under the Emergency Ordinance.
    Enacted more than 30 years ago when there was an active Communist 
insurgency, the ISA empowers the police to hold for up to 60 days any 
person who may act ``in a manner prejudicial to the security of 
Malaysia.'' The Home Minister may authorize further detention for 
periods of up to 2 years. Those released before the end of their 
detention period are subject to ``imposed restricted conditions'' for 
the balance of their detention periods. These conditions limit their 
rights to freedom of speech, association, and travel outside the 
country.
    According to the Government, the goal of the ISA is to control 
internal subversion. In November 1998, the Deputy Home Minister said 
that in the previous 10 years no person had been detained under the ISA 
beyond the initial 60-day period for political reasons other than 
Communist activity. He said that of the 867 persons detained for more 
than 60 days, 359 were involved in Communist activities, 447 falsified 
documents or otherwise abetted illegal alien smuggling, 21 were 
``religious extremists,'' 9 ``leaked intelligence secrets,'' and 1 was 
associated with the Free Aceh Movement. He further said that of the 223 
persons detained at the time, 131 were for document forgery, 89 for 
illegal alien smuggling, 2 for deviant Islamic teaching, and 1 for 
activities associated with the Free Aceh Movement. Some of these 
detainees (exactly how many has not been disclosed), including the 
Islamic teachers and the alleged Free Aceh Movement leader, have since 
been released.
    As these figures indicate, the ISA often is used against 
nonpolitical crimes, including against what the Government considers 
``deviant'' Muslim groups. The Government states that deviant groups 
pose a danger to national security because of their radical beliefs. 
The ISA, and the threat of the ISA, also are used to intimidate and 
restrict political dissent. For example, in 1998 the police detained 
Anwar Ibrahim and 27 of his followers under the ISA, after a series of 
largely peaceful antigovernment demonstrations. The Government claimed 
that the demonstrations threatened national security. By the end of 
1998, Anwar and the others either had been released or detained under 
criminal charges.
    Security authorities sometimes wait several days after detention 
before informing an ISA detainee's family. Even when there are no 
formal charges, the authorities must inform detainees of the 
accusations against them and permit them to appeal to an advisory board 
for review every 6 months. However, advisory board decisions and 
recommendations are not binding on the Home Minister, are not public, 
and often are not shown to the detainee. In the past, some ISA 
detainees have refused to participate in the review process under these 
circumstances.
    Amendments to the ISA in 1997 sharply circumscribed judicial review 
of ISA detentions. Although the Bar Council has in the past asserted 
that detentions under the ISA should be subject to judicial review on 
both procedural and substantive grounds, the courts have not concurred 
with this interpretation and review ISA detentions only on technical 
grounds. Detainees freed on technical grounds nearly always are 
detained again immediately.
    In May the Government announced new procedures for ISA detention. 
According to press reports, the new amendments stipulated that senior 
police officials must concur with ISA detentions. Details were not 
reported. Deputy Minister in the Prime Minister's Department Datuk 
Ibrahim Ali claimed that the amended procedures would help prevent 
misuse of the ISA.
    Opposition leaders and human rights organizations continue to call 
on the Government to repeal the ISA and other legislation that deprive 
persons of the right to defend themselves in court, as they have for 
years. During the year, several ruling coalition party politicians and 
organizations also called for the repeal of the ISA. Other ruling 
coalition parliamentarians called for the ISA to be strengthened. The 
Government stated that the ISA still was necessary and would not be 
repealed.
    Under the 1969 Emergency Ordinance, which was instituted after 
intercommunal riots in that year, the Home Minister can issue a 
detention order for up to 2 years against a person if he deems it 
necessary to protect public order, or for the ``suppression of 
violence, or the prevention of crimes involving violence.'' In fact, 
the Government has used the Emergency Ordinance for other reasons. No 
emergency ordinance detentions were reported during the year, and the 
Government has not disclosed the total number of persons now detained 
under this law.
    Provisions of the 1985 Dangerous Drugs Act (Special Preventive 
Measures) give the Government specific power to detain without trial 
suspected drug traffickers. The suspects may be held for up to 39 days 
before the Home Minister must issue a detention order. Once the 
Ministry has issued an order, the detainee is entitled to a hearing 
before a court. In some instances, the judge may order the detainee's 
release. Suspects may be held without charge for successive 2-year 
intervals with periodic review by an advisory board, whose opinion is 
binding on the Home Minister. However, the review process contains none 
of the due process rights that a defendant would have in a court 
proceeding. The police frequently detain suspected narcotics 
traffickers under the special preventive measures after the traffickers 
are acquitted of formal charges--often as they leave the courtroom. 
During the year, the Government detained over 1,300 persons under this 
law. It is not known how many were detained at year's end.
    Immigration laws are used to detain possible illegal aliens without 
trial or hearing. The detainees are not accorded any administrative or 
legal hearings and are released only after their employers prove their 
legal status. Those who can produce legal documents normally are 
released immediately; those who cannot prove their legal status often 
are held for extended periods before deportation. Illegal aliens are 
kept in detention centers that are separate from prisons (see Section 
1.c.).
    Law enforcement authorities also used the Restricted Residence Act 
to restrict movements of criminal suspects for an extended period. The 
act allows the Home Ministry to place criminal suspects under 
restricted residence in a remote district away from home for 2 years. 
The Ministry is authorized to issue the banishment orders without any 
judicial or administrative hearings. Human rights activists have 
questioned the need for this law, which was passed more than 60 years 
ago under very different circumstances, and have called for its repeal. 
The Government has continued to justify the act as a necessary tool and 
has used it in the recent past primarily against vice and gambling 
offenses. In July the Terengganu state chief of police warned publicly 
that operators of illegal gambling machines would be banished under the 
act if they did not cease their activities. In August Director-General 
of the Anticorruption Agency (ACA) Datuk Ahmad Zaki Husin proposed 
using the act to banish officials suspected of corruption. After the 
Bar Council expressed concerns over the proposal, Zaki clarified that 
the Restricted Residence Act might be used only for ``syndicated 
graft.'' In August the Deputy Prime Minister warned ``get-rich-quick'' 
scheme operators that they might face banishment under the act. The 
Government has not disclosed how many persons are subject to the 
Restricted Residence Act and no accurate estimate is available.
    In 1997 the Malaysian Bar Council expressed its concern about 44 
prisoners held ``at the pleasure of the Sovereign'' for inordinate 
periods, often well exceeding the maximum sentences for their original 
crimes. In one case, a prisoner had been held for 37 years. Most of 
these ``forgotten prisoners'' committed their crimes as minors or while 
of unsound mind. In 1998 the Attorney General stated that the 
Government had expedited hearings on the cases. No results of these 
hearings have been reported.
    Section 396 of the Criminal Procedure Code allows the detention as 
a material witness of a person whose testimony is necessary in a 
criminal case if that person is likely to abscond. In August an 
Indonesian woman was released after being detained for over a year as a 
material witness, though she herself was accused of no crime.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, since 1988, government action, 
constitutional amendments, legislation restricting judicial review, and 
other factors have eroded steadily judicial independence and 
strengthened executive influence over the judiciary. A number of high-
profile cases continued to cast doubts on judicial impartiality and 
independence, and to raise questions of arbitrary verdicts, selective 
prosecution, and preferential treatment of some litigants and lawyers. 
Members of the bar, NGO's, and other observers (including those who 
attended the September Commonwealth Law Conference held in the country) 
continued to express serious concern about the deterioration of the 
independence and overall fairness of the judiciary.
    In April the ICJ ruled that U.N. Special Rapporteur on the 
Independence of Judges and Lawyers Datuk Param Cumaraswamy, because of 
his status as a U.N. Special Rapporteur, was immune from several 
Malaysian libel suits. Several large companies, prominent businessmen, 
and one prominent lawyer had brought suits for libel and slander 
against Param and former Malaysian Bar Council secretary general Tommy 
Thomas. The suits stemmed from an article in an international legal 
journal that alleged that certain plaintiffs and their lawyers, enjoyed 
improper preferential treatment in the courts. In judgments that were 
widely thought to be politically motivated and improperly influenced by 
favoritism, the courts had rejected Param's claim of immunity. In May 
the Prime Minister said that the Government would abide by the ICJ's 
decision; however, in October a court defied the ICJ and ruled that 
Param would have to defend himself. Similar decisions were handed down 
in the other three suits. The U.N. expressed its regret over the 
court's decisions, and in December asked the Government to reimburse it 
for legal expenses. Param currently is appealing the rulings. The case 
against Tommy Thomas, who had no claim to immunity, was settled out of 
court in 1998. After Thomas told reporters that insurers had forced the 
settlement (which included a large cash payment and a humiliating 
apology) on him, he was charged with contempt of court and convicted in 
December 1998. In November an appeals court reserved judgement on the 
appeal.
    In 1996 the Bar Council filed a complaint with the legal profession 
disciplinary board against one of the plaintiffs in the Param case. The 
Bar Council charged the lawyer Datuk V. Kanagalingam, with improper 
manipulation of the court system on behalf of a corporate client. 
Kanagalingam sued the Bar Council over the complaint and won an award 
of $160,000 (600,000 ringgit). In July the Bar Council lost its final 
appeal of Kanagalingam's lawsuit. Widely circulated photos have shown 
Kanagalingam on overseas vacations with the Chief Justice and, 
separately, with the Attorney General. Human rights activists called on 
the Chief Justice and the Attorney General to explain these apparent 
conflicts of interest. The Attorney General said that he had nothing to 
hide and had a right to take vacations with friends. The Chief Justice 
made no public response. In September an Asian Wall Street Journal 
reporter being sued for libel alluded to the photos in a proposed 
amendment to his defense statement. He said that Kanagalingam had 
``cultivated inappropriately close relations'' with the Chief Justice. 
The reporter also claimed to have evidence that Kanagalingam had 
partially drafted a high court judge's decision in a case Kanagalingam 
had argued before the judge (the judge, who since has been made an 
appeals court judge, has not responded publicly). The judge in the 
libel case rejected the reporter's proposed amendment to his statement 
of defense. After the substance of the amendment was reported in a 
newspaper, Kanagalingam threatened to lodge contempt charges against 
the reporter.
    In November a judge granted an injunction preventing the Bar 
Council from calling an extraordinary meeting to discuss declining 
confidence in the judiciary. The judge said that the plaintiff, a 
private lawyer, made a convincing prima facie case that the holding of 
such a meeting would constitute contempt of court and sedition.
    The cases against former Deputy Prime Minister Anwar Ibrahim and 
some of his associates, Lim Guan Eng, Irene Fernandez (see Section 
2.a.), and Murray Hiebert (see Section 2.a.) also have raised questions 
about judicial independence and impartiality. Nonetheless, the Courts 
do not rule exclusively in favor of the Government. The courts 
dismissed several cases against opposition figures during the year.
    High courts have original jurisdiction over all criminal cases 
involving serious crimes and most civil cases. Civil suits involving 
automobile accidents and landlord-tenant disputes are heard by sessions 
courts. Magistrate's courts hear criminal cases in which the maximum 
term of sentence does not exceed 12 months. Juvenile courts try 
offenders under age 18. The Special Court tries cases against the King 
and sultans. The Court of Appeal has appellate jurisdiction over high 
court andsessions court decisions. The Federal Court hears appeals of 
court of appeal decisions.
    Islamic religious laws administered by state authorities through 
Islamic courts bind ethnic Malays and other Muslims in some matters. In 
1997 the Government announced that it would harmonize Islamic law at 
the federal level and appoint an Islamic law federal attorney general. 
However, the Government has not been able to obtain the necessary 
agreement of all the states and the proposal has not been implemented, 
though it is still under discussion.
    Indigenous people in Sarawak and Sabah also have a system of 
customary law to resolve matters such as land disputes between tribes.
    Penghulu (village head) courts may adjudicate minor civil matters, 
but these are rarely used.
    The military has a separate system of courts.
    The secular legal system is based on English common law. Trials are 
public, although judges may order restrictions on press coverage. For 
example, in the corruption trial of former Deputy Prime Minister Anwar, 
the judge often restricted press coverage of defense testimony and 
remarks that might embarrass senior government leaders. However, the 
judge generally did not restrict press coverage of testimony and 
remarks that might embarrass Anwar.
    Defendants have the right to counsel, bail is sometimes available, 
and strict rules of evidence apply in court. Witnesses are subject to 
cross-examination. The defense in both ordinary criminal cases and 
special security cases is not entitled to a statement of evidence 
before the trial. In general, limited pretrial discovery in criminal 
cases hobbles defendants' ability to defend themselves.
    Defendants enjoy the presumption of innocence and may appeal court 
decisions to higher courts. In criminal cases, defendants also may 
appeal for clemency to the King or local state rulers as appropriate. A 
single judge hears each criminal trial. There are no jury trials.
    Some lawyers expressed concern that a 1997 amendment to the 
Criminal Procedure Code could erode defendants' presumption of 
innocence. Before the 1997 amendment, the prosecution was required to 
prove its case beyond a reasonable doubt or the defendant would receive 
a summary dismissal without having to present the defense case. Now, 
after the amendment, the prosecution only needs to prove a prima facie 
case and the defense must be called. In August a man was convicted of 
murder after electing to enter no defense. The judge ruled that the 
prosecution had proven a prima facie case and, when the man chose to 
offer no defense, the judge convicted him and sentenced him to death.
    In 1998 Parliament passed amendments to the Courts of Judicature 
Act (1964) that limited the rights of defendants to appeal in some 
circumstances. The Government stated that these amendments would 
expedite the hearing of cases in the upper courts. The president of the 
Bar Association said in 1998 that the amendments imposed too many 
restrictions on appeals.
    The Attorney General may restrict the right to a fair trial in 
criminal cases by invoking the Essential (Security Cases) Regulations 
of 1975. These regulations governing trial procedure normally apply 
only in firearm cases. In cases tried under these regulations, the 
standards for accepting self-incriminating statements by defendants as 
evidence are less stringent than in normal criminal cases. Also, the 
authorities may hold the accused for an unspecified time before making 
formal charges. The Attorney General has the authority to invoke these 
regulations in other criminal cases if the Government determines that 
the crime involves national security considerations, but such cases are 
rare. There were no reported cases involving this restriction during 
the year.
    Even when the Essential Regulations are not invoked, defendants and 
defense lawyers lack legal protections against interference. For 
example, police can during a trial call in and interrogate witnesses 
who have given testimony not helpful to the prosecution. Human rights 
advocates accuse police of using this tactic to intimidate witnesses. 
One instance of this practice led the Bar Council in July to issue a 
statement of concern. Police also have used raids and document seizures 
to harass defendants. Selective prosecution, i.e., prosecution based on 
political rather than legal considerations, is a serious problem in the 
legal system. According to the law, the decision to prosecute a case 
rests solely with the Attorney General. In August the Chief Justice 
publicly reminded magistrates and judges not to question the Attorney 
General's sole discretion to prosecute. Opposition leaders and some 
NGO's credibly accuse the current Attorney General of sometimes acting 
at thedirection of Prime Minister Mahathir. In April the Prime Minister 
publicly denied that he interferes in the decisions of the Attorney 
General and in September reiterated that the Government does not 
practice selective prosecution.
    However, in practice, the Attorney General uses his power to 
prosecute selectively. In May the Attorney General warned that those 
accusing the Government of selective prosecution could be charged with 
sedition or criminal defamation. The Bar Council criticized the 
Attorney General's statement and stated that it showed ``a lack of 
respect or understanding of the concept of democracy and the rule of 
law.'' At year's end no one had been charged with sedition or criminal 
defamation on these grounds.
    Contempt of court charges also have restricted the ability of 
defendants and their attorneys to defend themselves. Attorney Zainur 
Zakaria, after raising a legal issue on behalf of his client Anwar 
Ibrahim, was charged with contempt in 1998. Zainur's appeal still is 
pending. The Bar Council expressed concern over Zainur's case and other 
contempt of court cases several times during the year. In March the Bar 
Council prepared a draft contempt of courts act to spell out what would 
constitute contempt. In April the Chief Justice said that there was no 
need for a contempt of courts act because judges do not abuse their 
power. In August Deputy Minister in the Prime Minister's Department 
Datuk Ibrahim Ali said that the Government would study the Bar 
Council's proposal. At year's end the Government had not passed or 
considered such a bill.
    Following a number of high-profile corruption cases, the Government 
amended the Anticorruption Act in 1997. The new law, which came into 
effect in January 1998, gives the Attorney General new powers that 
impinge on the presumption of innocence and requires accused persons to 
prove that they acquired their wealth legally.
    Under the Evidence Act, the testimony of children is accepted only 
if there is corroborating evidence. This poses special problems for 
molestation cases in which the child victim is the only witness. Some 
judges and others have recommended that the Evidence Act be amended to 
accept the evidence of children and that courts implement special 
procedures to hear the testimony of children.
    Islamic courts do not give equal weight to the testimony of women. 
Many NGO's have complained that women do not receive fair treatment 
from Islamic courts, especially in matters of divorce.
    Former Deputy Prime Minister Anwar Ibrahim is a political prisoner. 
In 1998, after a political conflict, Prime Minister Mahathir Mohammad 
removed Anwar as Deputy Prime Minister. Later the same year, after a 
large, peaceful demonstration in which he called for Mahathir's 
resignation, Anwar was detained for alleged sodomy. While in detention, 
Anwar was beaten by then-Inspector General of Police Rahim Noor (see 
Section 1.c.). For several days, Anwar was denied medical treatment for 
the injuries he received at the hands of Rahim. Presumably to avoid 
bringing a visibly injured Anwar to court, police changed Anwar's 
status to detention without charge under the Internal Security Act. 
Anwar's status subsequently was changed again to criminal detention. 
Anwar later was tried and convicted on four counts of corruption. He 
now is being tried on a single count of sodomy.
    During Anwar's corruption trial, the judge made several 
questionable rulings that greatly limited Anwar's ability to defend 
himself against what clearly were politically-motivated charges. For 
example, the judge sentenced one of Anwar's attorneys to 3 months' 
imprisonment for contempt after the attorney raised in court charges of 
prosecutorial misconduct. The judge greatly restricted the scope of 
Anwar's defense (on occasions during the trial the judge explicitly 
said that he did not care if there was a conspiracy to bring down 
Anwar) and tolerated improper activities by the police and prosecutors. 
The judge allowed prosecutors to amend the charges in the middle of the 
trial, which is permitted under national law but in this case clearly 
was unfair to Anwar. Anwar was denied the ability to rebut evidence of 
sexual misconduct presented by prosecution witnesses when the judge, at 
the end of the prosecution's case, allowed prosecutors to amend the 
charges, and then expunged the record of all evidence of sexual 
misconduct. Since his arrest, Anwar has been denied bail on 
questionable legal grounds.
    Anwar now is being tried on a separate charge of sodomy. At the 
beginning of the trial, prosecutors changed the dates of the alleged 
acts of sodomy, allegedly because the defense had discovered that the 
apartment building where the sodomy allegedly took place had not been 
completed by the original dates. Despite testimony detailing how police 
had coerced a confession from an alleged homosexual partner, on July 26 
the judge ruled that the prosecution had proven beyond a reasonable 
doubt that this confession had been voluntary. On August 4,another 
witness admitted that police had couched part of his testimony. On 
August 18, the lead police investigator materially contradicted his 
testimony (in order to make it consistent with the amended dates of the 
alleged offense); the next day the judge ruled that the policeman had 
not lied. At year's end, the sodomy trial still continued.
    In August political prisoner Lim Guan Eng was released after 
completing his sentence. Lim had been convicted on charges under the 
Sedition and Printing Presses and Publications Acts. The charges 
stemmed from Lim's questioning, in a speech and in a pamphlet, the 
justice of detaining for 3 years a 15-year-old victim of statutory rape 
while allowing her rapists, including, allegedly, the former chief 
minister of Malacca, Rahim Thamby Chik, to go free. In November shortly 
before elections were held, the alleged rape victim retracted her 
charges against Rahim Thamby Chik, stating that she was coerced into 
fabricating them. The woman's grandmother, who had accompanied the 
woman when she made the charges, questioned the woman's motives for 
recanting and continued to assert that Rahim had been guilty of 
statutory rape.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law provides for these rights; however, 
authorities infringed on citizens' privacy rights. Provisions in the 
security legislation (see Section 1.d.) allow the police to enter and 
search without a warrant the homes of persons suspected of threatening 
national security. Police also may confiscate evidence under these 
acts. In some cases each year, police use this legal authority to 
search homes and offices, seize books and papers, monitor 
conversations, and take persons into custody without a warrant.
    The law permits the Home Ministry to place criminal suspects under 
restricted residence in a remote district away from home for a 2-year 
period (see Section 1.d.).
    The Government bans membership in unregistered political parties 
and in unregistered organizations (see Section 2.b.).
    A clause in the 1997 Anticorruption Act empowers the Attorney 
General to authorize the interception of mail and the wiretapping of 
telephones. Such information would be admissible as evidence in a 
corruption trial.
    Certain religious issues pose significant obstacles to marriage 
between Muslims and adherents of other religions (see Section 2.c.).
    Muslim couples must take premarital courses. Women's activists have 
complained that the courses, as implemented, perpetuate gender 
discrimination by misinforming women of their rights in marriage (see 
Section 5).
    Singaporean newspapers and magazines may not circulate in Malaysia 
(see Section 2.a.); however, these publications are easily available on 
the Internet.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, some important legal 
limitations exist, and the Government restricts freedom of expression 
and intimidates most of the print and electronic media into practicing 
self-censorship.
    The Constitution provides that freedom of speech may be restricted 
by legislation ``in the interest of security (or) public order.'' For 
example the Sedition Act prohibits public comment on issues defined as 
sensitive, such as racial and religious matters. In practice, the 
Sedition Act, the Official Secrets Act, criminal defamation laws, and 
some other laws have been used to restrict or intimidate dissenting 
political speech.
    In February the U.N. Special Rapporteur on Freedom of Opinion and 
Expression issued a report stating that freedom of opinion is curtailed 
systematically in Malaysia. The Special Rapporteur said that the 
Internal Security Act, the Sedition Act, and the Printing Presses and 
Publications Act were used to suppress or repress expression and curb 
peaceful assembly. He further stated that defamation laws ``appear to 
be having a very chilling effect.'' The Government stated that the 
Special Rapporteur's report was ``baseless and distorted.''
    The Prime Minister and other senior officials continued to ascribe 
seditious or treasonous motives to critics of government policies. 
Although many persons still criticized the Government publicly, the 
Government's statements made many persons more cautious in exercising 
their rights of free speech.
    In August Deputy Prime Minister Datuk Seri Abdullah Badawi warned 
that political parties that raise sensitive issues and cause an 
``undesirable situation'' would be charged under the Sedition Act. 
However, government and ruling party officials sometimes make 
statements on sensitive racial and religious issues with no fear of 
being charged with sedition. For example, on the same day that the 
Deputy Prime Minister threatened to invoke the Sedition Act, he stated 
that voting for the opposition would be ``disastrous'' for ethnic 
Malays.
    In September a United Malays National Organization (UMNO--the 
dominant component of the ruling National Front coalition) official 
lodged a police report charging the chief minister of the opposition-
controlled state of Kelantan with sedition. The chief minister 
allegedly had said that the state's populace no longer held the royal 
family in high regard. In September police announced that they had 
questioned 10 members of the opposition Islamic party about this case. 
At year's end, there were no reports of further developments.
    In March the Prime Minister said that slanderous statements had 
become a ``security problem'' and claimed that some statements 
advocated violence and assassination. Police later said that they were 
monitoring all slanderous statements, including news reports that 
amounted to incitement. It was unclear from the Prime Minister's and 
police officials' statements whether security concerns were confined to 
the advocating of violence or whether these concerns also encompassed 
legitimate criticism of the Government.
    In March UMNO formed a legal panel to identify slanderous and 
libelous statements and to take legal action against them. The panel 
subsequently sued several government critics for public statements and 
statements reported in the press. Deputy Minister in the Prime 
Minister's Department Datuk Ibrahim Ali, the chairman of the panel, 
warned that those who made allegations against the Government or the 
ruling party also might face prosecution for criminal defamation. In a 
separate statement in May, Datuk Ibrahim Ali said that the ruling party 
had identified 40 to 50 individuals from the opposition and academia 
who often make defamatory statements. He reportedly said that UMNO 
wanted to ensure that the critics did not get away ``scot free.'' 
Government opponents accused the Government of using the panel to 
stifle legitimate dissent. In June UMNO secretary general Tan Sri 
Khalil Yaakob said that the panel had countered opposition slander 
successfully.
    During the question and answer period after a February speech in 
London to Malaysian students studying in the United Kingdom, Prime 
Minister Mahathir told a student that the student could be sued for 
defamation because he suggested that Mahathir apologize to Anwar 
Ibrahim and resign. Mahathir later denied that he intended to 
intimidate the student. The student was never sued.
    Aside from the UMNO legal panel, many other government officials, 
opposition figures, and private citizens filed multimillion-dollar 
lawsuits for libel and slander. In May the Bar Council stated that the 
proliferation of multimillion-dollar libel and slander lawsuits ``would 
end up stifling freedom of speech.''
    Police detained four persons under the ISA in 1998 for ``cyber 
rumor-mongering.'' Police accused the four of spreading false reports 
of rioting and potential violence against Chinese Malaysians via the 
Internet. The four later were charged under a section of the Penal Code 
that prohibits statements that cause fear or alarm. At year's end, the 
four still were being tried. Several times during the year, government 
leaders blamed critics on the Internet for ``spreading lies'' and 
``sowing hatred.'' However, Energy, Communications, and Multimedia 
Minister Datuk Leo Moggie said on several occasions that the Government 
had no plans to censor the Internet.
    The Official Secrets Act (OSA) also restricts freedom of 
expression. The Bar Council and other NGO's in the past have called for 
a review of certain provisions of the OSA that grant considerable 
discretion to the authorities. In August opposition National Justice 
Party leader and former Anwar aide Ezam Nor said publicly that Anwar 
had stored abroad documents that corroborated charges of corruption 
against senior government leaders. After the remarks, police 
investigated a possible violation of the OSA. Anwar and the NJP 
official later said that none of the documents involved national 
security. Opposition leaders accused the Government of using the OSA to 
cover up corruption. No charges were filed by year's end.
    The Printing Presses and Publications Act of 1984 limits press 
freedom. Under the act, domestic and foreign publications must apply 
annually to the Government for a permit. The act was amended in 1987 to 
make the publication of ``malicious news'' a punishable offense, expand 
the Government's power to ban or restrict publications, and prohibit 
court challenges to suspension or revocation of publication permits. 
Government power over license renewal and other policies create 
anatmosphere that inhibits independent or investigative journalism and 
results in extensive self-censorship.
    The English and Malay mainstream press provide generally laudatory, 
uncritical coverage of government officials and policies, and usually 
give only limited and selective coverage to political views of the 
opposition or political rivals. Editorial opinion almost always 
reflects government positions on domestic and international issues. 
Chinese-language newspapers are much freer in reporting and commenting 
on sensitive political and social issues, but are not immune to 
government pressure. However, self-censorship and biased reporting in 
the print media was not uniform and the English-, Malay-, and Chinese-
language press all, at times, provided balanced reporting on sensitive 
issues.
    The Government often conveys its displeasure with press reporting 
directly to a newspaper's board of directors or chief editors. In 
addition leading political figures in the ruling coalition, or 
companies controlled by them, own most major newspapers, thus limiting 
the range of views. At times, the susceptibility of the press to 
government pressure has a direct and public impact on operations. For 
example, in 1998 the editors of two of the country's largest daily 
newspapers and a television operations director were removed, 
apparently because of government displeasure. The removals apparently 
stemmed from political rivalries within the ruling party.
    A petition signed by 581 journalists from 11 newspapers and 
released on May 3, World Press Freedom Day, urged the Government to 
repeal the Printing Presses and Publications Act. The petition stated 
that government controls on the press had resulted in self-censorship 
and diminished the credibility of the mainstream press. The Bar Council 
issued a statement in support of the journalists' petition. The leader 
of the youth wing of UMNO said that he hoped that the Government would 
review existing laws regulating the press. The journalists' petition 
also called for the formation of an independent media council to 
regulate the press. Deputy Prime Minister and Home Minister Datuk Seri 
Abdullah Badawi said in May that the Government would study the 
proposal for a media council, but the Government gave no sign that it 
plans to amend or scrap the act.
    The Government continued to prosecute human rights activist Irene 
Fernandez under the Printing Presses and Publications Act for charges 
that she made in 1995 of mistreatment of detainees at illegal alien 
detention centers. Fernandez's supporters accuse the Government of 
purposely prolonging the trial, one of the longest in the country's 
history, to harass Fernandez. As of year's end, the trial still 
continued (see Section 5).
    The Government also sometimes directly restricts the dissemination 
of information that it deems embarrassing or prejudicial to national 
interests. In June the Government stated that it no longer would 
disclose publicly the readings of an air pollution index. In August 
Minister of Science, Technology, and Environment Datuk Law Hieng Ding 
said that the decision was made so as not to ``drive away tourists.'' 
In February the Government forbade all state health departments from 
commenting on the outbreak of a deadly virus. The Government later 
restricted reporters' access to sites of the outbreak. However, the 
issue was widely reported.
    Publications of opposition parties, social action groups, unions, 
and other private groups actively cover opposition parties and 
frequently print views critical of government policies. The circulation 
of the Islamic opposition party's twice-weekly newspaper, Harakah, now 
rivals that of mainstream newspapers. However, the Government retains 
significant influence over these publications by requiring annual 
renewal of publishing permits and limiting circulation only to members 
of the relevant organization. Senior government leaders publicly warned 
Harakah several times during the year not to print ``slanderous'' 
remarks and to limit distribution to party members. Harakah was also 
the target of several ruling party-sponsored libel suits. In December 
the Home Ministry issued a show cause letter to Harakah's publisher 
asking him to explain why Harakah should not be banned for violating 
the terms of his permit. Acting on a Home Ministry directive, police 
officers cracked down on newsstands that distributed Harakah to the 
public and confiscated many copies. Harakah stated that it would abide 
by the Home Ministry directive and at year's end the newspaper was no 
longer openly sold. There were no cases of denial of renewal requests 
during the year.
    Some legal magazines and illegal (i.e., lacking publishing permits) 
publications also frequently print criticism of the Government. In May 
police seized over a thousand copies of illegal antigovernment 
magazines at a printing company and charged the company owner for 
violating the Printing Presses and Publications Act.
    The Communications and Multimedia Act (CMA), which came into force 
on April 1, requires certain Internet and other networkservice 
providers to obtain a license from CMA. Details of the implementation 
of this act were unclear at year's end.
    There were instances of violence against journalists. In May 
demonstrators protesting the conviction of former Deputy Prime Minister 
Anwar Ibrahim attacked a car carrying television reporters from a 
television station that is widely perceived as progovernment. Those 
responsible for the attack later were arrested and charged. In July a 
group of supporters of the Islamic opposition reportedly verbally 
abused a television cameraman and demanded that he turn over his 
videocassettes. There were no reports of arrests in the case.
    The foreign press continues to be a target of government criticism 
for allegedly biased reporting. Senior government officials often 
accused the foreign press of bias and malicious motives. In February 
several government ministries announced plans to boycott three foreign 
publications that were said to criticize Malaysia overzealously.
    In September Far Eastern Economic Review correspondent Murray 
Hiebert lost his appeal of a 1997 conviction for contempt of court. 
Hiebert, who had not been free to leave Malaysia for over 2 years 
pending his appeal, chose to forgo another appeal to the country's 
highest court and served his 6-week sentence (reduced to roughly 1 
month after time off for good behavior). The contempt charges stemmed 
from a 1997 article, in which Hiebert described a civil suit brought by 
the wife of a prominent judge, Gopal Sri Ram, against the International 
School of Kuala Lumpur. (The judge's wife had alleged in the suit that 
the school had discriminated unlawfully against her son by dropping him 
from a school debating team after charges that the son had acted 
improperly.) Hiebert's article noted, among other things, the unusual 
speed with which the courts had disposed of the lawsuit. The Court of 
Appeals upheld the contention that Hiebert had ``scandalized the 
court.'' Hiebert's case, the first in which a journalist has been 
sentenced to jail for contempt in the ordinary course of his duties, 
raised serious questions of freedom of the press and of judicial 
impartiality.
    The electronic media is restricted more tightly than the print 
media. Radio and television are almost uniformly laudatory of the 
Government. News on the opposition is restricted tightly and reported 
in a slanted fashion. In July the Deputy Information Minister said 
candidly that government television and radio channels would not 
broadcast the views of opposition parties. He said that opposition 
parties were welcome to use private news stations or apply for 
broadcasting licenses of their own. In fact the two private television 
stations have close ties to the ruling coalition and are unlikely to 
provide a forum for the opposition parties, and it is unlikely that the 
Government would grant the opposition a broadcasting license. In 
January the chief minister of the opposition-controlled state of 
Kelantan, complained that after several years the Government still had 
not approved a license application for a state radio station. Every 
other state has such a station.
    In March a private television station announced that it would 
revamp its news programming. The government-influenced print media 
shortly before had published a letter criticizing the station's 
reporting of the trial of Anwar Ibrahim.
    A government censorship board censors films for profanity, nudity, 
sex, violence, and certain political and religious content. Television 
stations censor programming in line with government guidelines. The 
Government bans certain books for political and religious reasons or 
because of sexual or profane content. Some foreign newspapers and 
magazines are banned (see Section 1.f.) and, infrequently, foreign 
magazines or newspapers are censored, most often for sexual content. 
However, the increased prevalence of the Internet is undermining such 
restrictions. The Government maintains a ``blacklist'' of local and 
foreign performers, politicians, and religious leaders who may not 
appear on television or radio broadcasts.
    The Government generally restricts remarks or publications that 
might incite racial or religious disharmony; it also attempts to 
restrict the content of sermons at government-affiliated mosques. 
Occasionally state governments ban certain Muslim clergymen from 
delivering sermons (see Section 2.c.).
    In December Prime Minister Mahathir said that the Government should 
find ways to prevent the opposition from ``spreading lies'' at mosques. 
In December Deputy Prime Minister Abdullah also instructed the 
Religious Affairs Department to conduct background checks on religious 
speakers.
    In two additional incidents that occurred in December, Selangor 
state government officials announced that they were investigating 
mosque committee members with links to the opposition, and Johor state 
government officials said that they had identified several 
``political'' religious leaders who had criticized the Government. In 
Selangor, officials threatened to expel opposition sympathizers from 
mosque committees, and inJohor state officials threatened ``stern 
action.'' At year's end, no action had been taken in either case.
    In the past, the Government generally had respected academic 
freedom in the areas of teaching and publication. Academics are 
sometimes publicly critical of the Government. However, there is self-
censorship among public university academics whose career advancement 
and funding depend on the Government. Private institution academics 
also practice self-censorship due to fear that the Government may 
revoke licenses for their institutions. Legislation also imposes 
limitations on student associations and student and faculty political 
activity (see Section 2.b.). A university vice chancellor must approve 
campus demonstrations.
    The Government was increasingly intolerant of teachers and students 
who expressed dissenting views. Several senior government leaders 
warned that some teachers were ``poisoning the minds'' of their 
students and that students should not be involved in partisan politics. 
Then-Education Minister Datuk Seri Najib Tun Abdul Razak and other 
senior government officials said on several occasions that teachers who 
opposed the Government and students who took part in antigovernment 
activities faced disciplinary actions, including dismissal and 
expulsion. In August an education ministry official said a disciplinary 
panel had received reports from several states concerning teachers who 
had ``incited'' their students against the Government. In September an 
education ministry official said that the Ministry had ``acted 
against'' several teachers involved in antigovernment activities.
    The Government has long said that students should be apolitical and 
used that position as a pretext for denying opposition parties access 
to student forums. According to student leaders, students who sign 
antigovernment petitions sometimes are expelled or fined. In fact the 
Government enforces this policy selectively and does not refrain from 
acquainting students and teachers with government views on political 
issues. In May the Government announced that 33,870 students had 
attended a 1-day seminar ``to improve understanding of national 
policies.''
    In February the University of Malaya declined to renew the contract 
of Professor Chandra Muzaffar. Chandra, a well-known supporter of 
political reform and long-time government critic, charged that the 
University had fired him for political reasons. The University stated 
that it had declined to renew Chandra's contract for economic and 
personnel reasons. In June the High Court agreed to hear Chandra's 
application to quash the University's decision.
    In 1997 the Government prohibited academics from making any public 
statements or publishing any writings on Malaysia's air pollution 
crisis. The Government appears to have feared that unauthorized remarks 
on the air pollution crisis might harm the country's image and hurt 
tourism. Academics and others openly protested this order. The gag 
order remains in effect.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly; however, the Government 
places significant restrictions on this right. These rights may be 
limited in the interest of security and public order, and the 1967 
Police Act requires police permits for all public assemblies except for 
workers on picket lines. The decision to grant a permit theoretically 
rests with the district police chief; however, in practice senior 
police officials and political leaders influence the grant or denial of 
some permits. Police grant permits easily to government and ruling 
coalition supporters; however, they use a more restrictive policy with 
government critics, although the police do grant permits for many 
opposition meetings.
    Opposition leaders frequently alleged that police issue permits for 
public assemblies in an unfair manner that discriminates against the 
opposition. Various state and local police departments rebutted these 
allegations by providing statistics that indicated that most requests 
for permits are granted; however, in certain sensitive cases political 
considerations clearly led to the denial of permits. For example, in 
February the police denied a permit for a large opposition rally to 
protest the raising of road tolls on the basis that it would interfere 
with repairs and renovations at the planned venue. However, a ruling 
coalition component party, the Malaysian Chinese Association, held a 
large dinner at the same venue just 1 day before the planned antitoll 
rally. In March police forcibly prevented opposition leader Lim Kit 
Siang from addressing a group of farmers living in an area afflicted by 
a deadly virus.
    Police, especially early in the year, had a clear policy barring 
large ``reformasi'' gatherings and street demonstrations. However, 
later in the year, especially in the period prior to the election, 
police allowed many opposition political gatherings.
    In April thousands of persons assembled in downtown Kuala Lumpur 
and in front of the courtroom to protest the conviction of Anwar 
Ibrahim on charges of corruption (see Section 1.e.). Riot police beat 
and arrested some of these demonstrators. In some instances, police 
dispersed demonstrators with no prior warning. In other cases, they 
waited for up to 45 minutes before moving in with tear gas, water 
cannons, and truncheons. In the ensuing fracas sometimes violence broke 
out.
    Police arrested hundreds of demonstrators, including peaceful 
demonstrators, for illegal assembly. Police also dispersed other 
peaceful ``reformasi'' demonstrations earlier in the year and made many 
arrests. On September 18 and 19, supporters of Anwar held 
demonstrations in several cities throughout the peninsula. The largest 
one took place on September 19 in Kuala Lumpur, where up to 10,000 
demonstrators gathered at the national mosque. After demonstrators 
ignored orders to disperse, police fired tear gas canisters and 
chemical-laced water from a water cannon. Some demonstrators then 
responded by throwing rocks, iron bars, and other objects at police. 
Police arrested an unknown number of protesters and beat others with 
batons. Some domestic press reports stated that the demonstrators 
initiated the violence. Government-controlled media on September 20 
reported that three policemen were injured. In contrast, foreign 
journalists gave consistent accounts of the way that police started the 
fracas that led to violence.
    At the April, September, and other, smaller opposition pro-Anwar 
demonstrations throughout the year, police arrested hundreds of 
demonstrators, including many peaceful demonstrators. Many of these 
demonstrators later were acquitted, a handful were convicted, and some 
cases still were pending at year's end. Among those arrested were many 
opposition party leaders. Police detained them under the Police Act for 
allegedly participating in an illegal assembly and under the Penal Code 
for allegedly causing a riot. All were released on bail and still were 
awaiting trial at year's end.
    In February the U.N. Special Rapporteur on Freedom of Opinion 
criticized the Government's use of various laws to curb peaceful 
assembly (see Section 2.a.).
    In July five social activists were arrested for illegal assembly 
when they tried to prevent police from demolishing a squatter 
settlement. The case still is pending.
    In August the secretary general of UMNO accused supporters of the 
Islamic opposition party of disrupting several ruling coalition 
meetings.
    In January three members of the opposition Malaysian People's Party 
said that police had detained them illegally in December 1998. The 
police stated that the three were only brought in for questioning.
    In 1997 police detained 55 Islamic opposition party members who 
demonstrated in protest of an Israeli team's participation at an 
international cricket championship. The case against the demonstrators 
still is pending.
    Government and opposition candidates campaign actively. Previous 
restrictions on freedom of assembly during campaign periods (including 
bans on rallies and required lists of times and places for proposed 
discussion sessions) were not implemented strictly during the year. 
Opposition parties reported some harassment but generally were able to 
campaign vigorously in the Sabah state elections held in March, and in 
national elections held in November.
    The Constitution provides for the right of association; however, 
the Government places significant restrictions on this right. For 
example, certain statutes limit this right. Under the Societies Act of 
1966, only registered, approved organizations of seven or more persons 
may function. The Government sometimes refuses to register 
organizations, or may impose conditions when allowing a society to 
register. For example, the Government has not allowed Amnesty 
International to set up a branch in the country, and it also prohibits 
the Communist Party and affiliated organizations (see Section 1.f.). 
The Government also has the power to revoke the registration of an 
existing society for violations of the act, a power it has enforced 
selectively against political opposition groups. This threat of 
possible deregistration inhibits political activism.
    To avoid the burdensome requirements of the Societies Act, many 
NGO's register as companies under the Companies Act or as businesses 
under the Registration of Businesses Act. Amendments to the Companies 
Act passed in 1998 empowered the Registrar of Companies to refuse 
registration of a proposed company if he is satisfied that the company 
is likely to be used for any purpose prejudicial to national security 
or the public interest. The Registrar also can cancel the registration 
of an existingcompany and disband it on the same grounds. Opposition 
parties and NGO activists charged that the sweeping powers granted to 
the Registrar of Companies were designed to stifle criticism. The 
Government denied such charges and stated that financial irregularities 
were the amendments' main target. Government claims were undercut 
somewhat by later police statements that alluded threateningly to the 
status of certain NGO's under the Companies or Societies Acts.
    In May the Government announced that it was planning amendments to 
the Registration of Businesses Act to enable the Government to track 
the activities and movements of organizations registered under the act. 
Minister of Domestic Trade and Consumer Affairs Datuk Megat Junid said 
that the amendments were necessary because some NGO's registered under 
the act were operating as ``semi-political'' organizations. Megat said 
that the Government feared that ``after registering under the 
Registration of Businesses Act, NGO's would not do business but instead 
raise issues threatening national security with the sponsorship, 
perhaps, of outsiders.'' At year's end, the Government still had not 
tabled these amendments in Parliament.
    NGO activists believe that recent changes in law and government 
investigations are a prelude to an attempt to deregister several NGO's. 
In May Deputy Home Minister Datuk Abdul Kadir told Parliament that the 
Government had deregistered 981 societies under the Societies Act since 
1966. Details were not reported. No human rights NGO has been 
deregistered in recent years.
    In February the Registrar of Societies rejected an application to 
form a new political party, the Socialist Party of Malaysia. The 
Registrar said that information on the application form was incomplete. 
Supporters of the new party said that the denial was politically 
motivated and filed an appeal.
    The Bar Council often was the target of government criticism. In 
March Deputy Minister Datuk Ibrahim Ali said that the Bar Council 
should not question the appointment of judges. In May Ali said the Bar 
Council should stop meddling in government affairs. In June government 
leaders threatened to pass legislation making the Attorney General the 
head of the Bar Council. In the past, the Government has threatened to 
legislate an expansion of the membership of the Bar Council to include 
government lawyers and legal professors. Some members of the bar fear 
that such a measure would dilute the Council's independence. So far, no 
such measures have been implemented.
    The Universities and University Colleges Act also affects freedom 
of association. This act mandates university approval for student 
associations and prohibits student associations, as well as faculty 
members, from engaging in political activity. In 1998 six students were 
suspended for their role in the opposition victory in a by-election. 
Restrictions are not enforced as vigorously on students who participate 
in proruling coalition political activities. A university vice 
chancellor must approve campus demonstrations. Many students, NGO's, 
and opposition political parties called for the repeal or amendment of 
the act. A number of ruling coalition organizations and politicians 
also supported reexamination of the act, but the Government stated the 
act is still necessary.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion; however, the Government places some restrictions on this 
right. Islam is the official religion; however, the practice of Islamic 
beliefs other than Sunni Islam is restricted severely. Religious 
minorities, which include large Buddhist, Christian, Hindu, and Sikh 
communities, generally worship freely, although with some restrictions. 
Government funds support an Islamic religious establishment, and it is 
official policy to ``infuse Islamic values'' into the administration of 
the country. The Government imposes Islamic religious law on Muslims 
only in some matters and does not impose Islamic law beyond the Muslim 
community. Adherence to Islam is considered intrinsic to Malay ethnic 
identity and therefore Islamic religious laws administered by state 
authorities through Islamic courts bind all ethnic Malays (and other 
Muslims) in some matters. The Government also grants funds to non-
Islamic religions, but to a more limited degree.
    According to government census figures, in 1991 59 percent of the 
population was Muslim; 18 percent practiced Buddhism; 8 percent 
Christianity; 6 percent Hinduism; 5 percent Confucianism, Taoism, or 
other religions that originated in China; 1 percent animism; and 0.5 
percent other faiths, including Sikhism and the Baha'i faith. The 
religious practices of the remainder were not stated.
    For Muslims, particularly ethnic Malays, the right to leave the 
Islamic faith and adhere to another religion is a controversial 
question. The legal process of conversion is unclear; in practice, it 
is very difficult for Muslims to change religions. Persons who wish to 
do so face severe obstacles. In March the country's highest court ruled 
that secular courts have nojurisdiction to hear applications by Muslims 
to change religions. According to the ruling, the religious conversion 
of Muslims is solely the jurisdiction of Islamic courts. The ruling 
makes conversion of Muslims nearly impossible in practice.
    In 1998 the Government stated that ``apostates'' (i.e., those who 
wish to leave or have left Islam for another religion) would not face 
government punishment as long as they did not defame Islam after their 
conversion.
    The Government generally respects non-Muslims' right of worship; 
however, state governments carefully control the building of non-Muslim 
places of worship and the allocation of land for non-Muslim cemeteries. 
Approvals for such permits sometimes are granted very slowly. In 
September after objections by representatives of non-Muslim religions, 
the Government agreed to revise proposed guidelines governing the 
establishment of non-Muslim places of worship. In July the Malaysian 
Consultative Council of Buddhism, Christianity, Hinduism, and Sikhism 
(MCCBCHS), an NGO representing minority religions, protested the 
planned implementation of the Ministry of Housing and Local Government 
guidelines. The MCCBCHS specifically complained that the guidelines 
required an area to have at least 2,000 to 5,000 adherents of a 
particular non-Muslim faith for a non-Muslim place of worship to be 
approved. No such requirement exists for Muslim places of worship. The 
group also complained that, under the guidelines, the state Islamic 
council must approve the setting up of all non-Muslim places of 
worship. There were no further reports of the status of the revision of 
the proposed guidelines.
    During the controversy over the proposed new guidelines on non-
Muslim places of worship, the MCCBCHS and the Federal Territory 
Counseling and Service Center separately urged the Prime Minister to 
create a national non-Muslim religious council.
    In December the press reported that the new opposition Islamic 
party administration of the state of Terengganu planned to introduce a 
special tax on non-Muslims. Non-Muslims expressed strong opposition to 
this proposal. State government leaders said that the press had 
distorted their plans. No special tax was imposed by year's end.
    After a violent conflict in Penang between Hindus and Muslims in 
1998, the Government announced a nationwide review of unlicensed Hindu 
temples and shrines. Implementation is not vigorous and in June the 
leader of the ruling coalition's ethnic Indian-based political party 
complained that Hindu temples and shrines had returned only 800 of 
30,000 registration forms.
    Proselytizing of Muslims by members of other religions is 
prohibited strictly; proselytizing of non-Muslims faces no obstacles. 
The Government discourages, and in practical terms forbids, the 
circulation in peninsular Malaysia of Malay-language translations of 
the Bible and distribution of Christian tapes and printed materials in 
Malay. However, Malay-language Christian materials can be found. Some 
states have laws that prohibit the use of Malay-language religious 
terms by Christians, but the authorities do not always enforce them 
actively. The distribution of Malay-language Christian materials faces 
few restrictions in east Malaysia. Visas for foreign Christian clergy 
are restricted severely.
    The Government opposes what it considers deviant interpretations of 
Islam, maintaining that the ``deviant'' groups'' extreme views endanger 
national security. In the past, the Government has imposed restrictions 
on certain Islamic sects, primarily the small number of Shi'a. The 
Government continues to monitor the activities of the Shi'a minority. 
In 1998 the Government stated that it was monitoring the activities of 
55 religious groups believed to be involved in deviant Islamic 
teachings. In May authorities said that the banned Al-Arqam sect was 
attempting to reconstitute itself.
    The Government periodically has detained members of what it 
considers Islamic deviant sects without trial or charge under the ISA. 
After release, such detainees are subject to restrictions on their 
movement and residence. In 1997 10 persons, 2 of whom were over 75 
years old, were detained under the ISA for spreading Shi'a teachings. 
All of those detained have now been released and at year's end there 
were no religious detainees or prisoners.
    The Government generally restricts remarks or publications that 
might incite racial or religious disharmony. This includes some 
statements and publications critical of particular religions, 
especially Islam. The Government also restricts the content of sermons 
at mosques. The Government periodically warns against those who deliver 
sermons in mosques for ``political ends'' and, occasionally, state 
governments ban certain Muslim clergymen from delivering sermons at 
mosques. In July the Negeri Sembilan state government banned a state 
religious department officerfrom preaching sermons because the officer 
allegedly had given a political speech during a sermon. In February the 
state of Selangor lifted a ban on a former mufti (the highest state 
Muslim leader) of Selangor. He allegedly had called the Prime Minister 
an apostate (see Section 2.a.).
    In December Prime Minister Mahathir said that ways should be found 
to prevent the opposition from ``spreading lies'' at mosques. Also in 
December, Deputy Prime Minister Datuk Seri Abdullah Badawi directed the 
religious affairs department to conduct background checks on religious 
speakers. Abdullah said ``we need to find out whether the speakers 
disseminated wrongful information which may have influenced civil 
servants to stop supporting the Government.'' Also in December, 
Selangor state government officials announced that they were 
investigating mosque committee members with links to the opposition. 
Officials threatened to expel opposition sympathizers from mosque 
committees. At year's end, no action had been taken. Also in December, 
Johor state officials said that they had identified several 
``political'' religious leaders who had criticized the Government. The 
state government threatened ``stern action,'' but at year's end no 
action had been taken.
    For Muslim children religious education according to a government-
approved curriculum is compulsory. There are no restrictions on home 
instruction.
    In August a court reinstated three primary school students who had 
been expelled for wearing turbans in 1997. In September Hindus 
protested a school's prohibition on students' applying sacred ash to 
their foreheads.
    In July the Government announced a plan to take control of state 
religious schools (under the Constitution religion is a state matter). 
The chief minister of the opposition-controlled state of Kelantan 
rejected the plan. In response, federal Education Minister Datuk Seri 
Najib said that the Government would find a way to take over Kelantan's 
religious schools. In October the Government announced that religious 
schools could choose to be absorbed wholly or partially into the 
federal school system beginning in 2000. At year's end, the plan had 
not yet been implemented and its implications were unclear.
    As part of its campaign to infuse Muslim values, in 1998 the 
military services forbade the sale of alcoholic beverages on all 
military installations, including sale to non-Muslims. The ban on 
alcohol reportedly is not always enforced.
    In January the Selangor state government announced the formation of 
a government interreligious consultative council that included 
representatives of all major religions. The council's stated objectives 
were to prevent interreligious conflict, to promote interreligious 
understanding, and to address moral and social problems jointly.
    The Government has a comprehensive system of preferences for ethnic 
Malays and members of a few other groups known collectively as 
``bumiputras,'' most of whom are Muslim.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Citizens generally have the right to 
travel, live, and work where they please; however, the Government 
restricts these rights in some circumstances. The East Malaysian states 
of Sabah and Sarawak have the right to control immigration into them 
and to require citizens from peninsular West Malaysia and foreigners to 
present passports or national identity cards for entry. In 1998 the 
Court of Appeal ruled that Sabah and Sarawak, despite their autonomy, 
still are bound by the federal Constitution in all matters. Thus, the 
court voided Sabah's expulsion of a West Malaysian attorney who had 
been involved in several lawsuits against the state government. In May 
the Sabah state government filed an appeal of the ruling. The Federal 
Government regulates the internal movement of provisionally released 
ISA detainees (see Section 1.d.). The Government also uses the 
Restricted Residence Act to limit movements of those suspected of some 
criminal activities (see Section 1.d.).
    The Government generally does not restrict emigration.
    Citizens must apply for the Government's permission to travel to 
Israel. Travel to Jerusalem for a religious purpose is allowed 
explicitly.
    The Government has not ratified the 1951 U.N. Convention Relating 
to the Status of Refugees and rejects customary international law. The 
Government does not recognize the principle of first asylum; however, 
it sometimes grants temporary refuge to asylum seekers. In September 
Foreign Minister Datuk Seri Syed Hamid Albar said, ``we allow people 
for temporary stay and when that stay is over they have to go back. We 
have never granted anybody refugee status.'' In 1998 the Government 
forcibly returned several hundred Acehnese, despiterepresentations from 
the U.N. High Commissioner for Refugees (UNHCR) and the international 
community, and evidence that the Acehnese might face persecution upon 
return to Indonesia. The Government continues to refuse to acknowledge 
that any Indonesian illegal aliens, including Acehnese, have a claim to 
refugee status. However, there were no incidents of deportation, 
harassment, and detention of Acehnese persons during the year.
    The Government did not restrict the access of undetained asylum 
seekers to the UNHCR office and cooperated in the resettlement of some 
refugees. However, the Government only infrequently granted the UNHCR 
and other humanitarian organizations access to detained aliens. There 
were some forced expulsions of asylum seekers and refugees.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    By law citizens have the right to change their government through 
periodic elections; however, while votes generally are recorded 
accurately, there are some irregularities that affect the fairness of 
elections, and in practice opposition parties cannot compete on equal 
terms with the governing coalition (which has held power at the 
national level since 1957) because of severe restrictions on 
campaigning, freedom of association, freedom of assembly. Nevertheless, 
opposition candidates campaign actively. In the November elections, the 
opposition roughly doubled its strength to 25 percent of federal 
parliamentary seats and an opposition party won control of two state 
governments (the opposition won control of one state government in the 
1995 elections). Prime Minister Mahathir has held power since 1981.
    Malaysia has a parliamentary system of government. National 
elections are required at least every 5 years and have been held 
regularly since independence in 1957. The Malay-based United Malay 
National Organization (UMNO) party dominates the ruling National Front 
coalition, which has ruled Malaysia continuously since independence. 
Since 1969 the National Front coalition always has maintained a two-
thirds majority in Parliament, which enables the Government to amend 
the Constitution at will. Over the years, power increasingly has been 
concentrated in the executive branch, i.e., the Prime Minister.
    The lack of equal access to the media was the most serious problem 
encountered by the opposition in the November elections (see Section 
2.a.). Government officials frankly stated that government television 
and radio would not carry reporting on the opposition. The country's 
two private television stations also had virtually no impartial 
reporting on the opposition. The mainstream English-language and Malay-
language newspapers also carried slanted coverage of domestic politics. 
In addition opposition parties encountered difficulties in placing paid 
advertisements in newspapers; however, a few opposition advertisements 
did appear, after editing by the newspapers, in English- and Chinese- 
language newspapers.
    Opposition leaders credibly stated that the Election Commission, 
which is responsible for holding and monitoring elections, did not 
carry out its duties impartially. The Election Commission is nominally 
independent but widely perceived by the opposition to be under the 
control of the Government. In June Deputy Prime Minister and Home 
Minister Datuk Seri Abdullah Badawi said that there was no need to 
consult the opposition on the appointment of a new election commission 
chairman. Opposition leaders said that Prime Minister Mahathir's remark 
in June that the Government would ``not entertain'' an opposition 
demand for a long campaign period in upcoming elections demonstrated 
the lack of independence of the Election Commission (supposedly the 
Commission has the sole power to set the length of the campaign 
period). After the election, several government officials publicly 
disputed opposition claims that the Election Commission was biased.
    Opposition leaders also complained that local government officials 
who serve as election officers are not always neutral. For example in 
July the opposition National Justice Party filed a complaint with the 
Election Commission accusing a district officer in the state of Perak 
of participating in an UMNO party event. The Election Commission later 
announced that it completed its investigation but did not reveal its 
findings. After the election, there were some complaints about 
irregularities during the counting of ballots. At year's end, these 
complaints were not substantiated, and there is no evidence that the 
conduct of election officers significantly affected the results of the 
election; however, the Government did not permit international 
monitoring or adequately allow for domestic NGO monitoring efforts.
    Opposition parties and some NGO's also alleged that defective 
voting rolls led to some fraudulent votes. In the Sabah state elections 
in March, opposition leaders accused the ruling coalition of employing 
``phantom'' voters (illegal aliens andother fraudulently documented 
voters). NGO's analysis of the voting roll used in the November 
national elections also revealed irregularities, such as dead persons 
on the rolls, multiple voters registered under single identity card 
numbers, and other anomalies; however, there is no evidence that these 
irregularities significantly affected the results in more than a 
handful of races. After the election, an election monitoring NGO 
renewed its calls for a national reregistration exercise to produce a 
clean electoral roll.
    ``Postal votes,'' or absentee ballots by police and military 
personnel and their spouses, also are a concern. The Government, citing 
security concerns, does not allow party agents to monitor absentee 
ballot boxes placed on military and police installations. Opposition 
parties question the rationale for such security restrictions. 
Opposition parties and NGO's have raised credible allegations of 
improper manipulation of postal votes, including statements by former 
military personnel that their ballots were filled out by others or 
under they eye of commanding officers. In the November elections, the 
Election Commission changed some procedures to allow better monitoring 
by Election Commission officers. Opposition parties continue to call 
for monitoring of postal votes by party agents. Election Commission 
officials estimated before the November election that roughly 235,000 
postal votes would be cast. No count of the actual number of postal 
votes was published by year's end.
    The anonymity of balloting also is a potential concern. Ballots are 
marked with a serial number that could be matched against a voter's 
name. While there is no evidence that the Government has ever traced 
individual votes, some opposition leaders allege that the potential to 
do so has a chilling effect on some voters, particularly civil 
servants.
    Gerrymandering dilutes the votes of some citizens. The Constitution 
states that parliamentary constituencies should have roughly equal 
numbers of eligible voters, although the same section states that 
greater weight should be given to rural constituencies. In practice 
these guidelines often are ignored. For example in Sabah constituencies 
are weighted strongly against the state's large Christian population. 
Nationwide the constitutional provision giving greater weight to rural 
constituencies greatly dilutes the voting power of urban residents. 
Finally, the single member, winner-take-all system diminishes the 
political power of the minority ethnic Indians. Because of the changing 
dynamics of ethnic politics, ethnic gerrymandering of parliamentary 
constituencies, used against the opposition in the past, is believed to 
no longer be as great an advantage to the ruling coalition.
    Other government measures hamper the opposition's ability to 
compete with the incumbent ruling coalition. For example the Government 
on several occasions issued oblique public warnings to civil servants, 
including teachers (see Section 2.a.) not to support the opposition. An 
application to form a new political party was rejected (see Section 
2.b.). Students face certain restrictions on political activity (see 
Section 2.b.). Government leaders routinely and openly threaten to cut 
off federal funds beyond the constitutionally mandated minimum to 
constituencies that elect opposition representatives. Ruling coalition 
Members of Parliament receive a government allocation totaling in 
aggregate roughly $25 million (95 million ringgit). Opposition Members 
of Parliament receive no such funds. In July a government minister told 
Parliament that the money only was given to ruling coalition Members of 
Parliament because it came from the Government.
    The opposition has complained in the past about restrictions on 
public assemblies during the campaign period (see Section 2.b.). In the 
period prior to the November elections, police did not implement 
vigorously restrictions and the opposition held many large rallies. The 
opposition also has stated that the short official campaign period 
gives an advantage to the incumbent ruling coalition. However, de facto 
campaigning began long before the November elections and there is 
little evidence that the short official campaign period had much 
practical effect.
    In August Prime Minister Mahathir stated that the ruling 
coalition's failure to win a two-thirds majority in Parliament in 1969 
had resulted in widespread rioting and said that if a ``weak 
government'' were elected, ``the peace of the country could not be 
guaranteed.'' Opposition leaders complained that these statements were 
a threat to instigate violence if the ruling coalition should lose the 
two-thirds majority in the upcoming elections (which did not happen). 
Opposition leader Lim Kit Siang called on the Government to pledge to 
accept the results of the upcoming election. The Government made no 
response.
    Prime Minister Mahathir said in June that he expected upcoming 
elections to be ``the dirtiest ever.'' For different reasons, the 
opposition expressed similar fears. The Government did not respond to 
the opposition's call for an election code to ensure that the upcoming 
elections would be free, fair, and clean. A group of NGO's formed an 
independent elections watchorganization. The Election Commission stated 
that the NGO's were free to do so, but the election watch organization 
was accorded no special privileges. (The law does not provide for 
monitoring of polling stations except by political party agents.) In 
June the Government publicly rejected the idea of foreign observers. 
The Government also rejected opposition calls for foreign observers in 
Sabah state elections in March. (The last time that foreign observers 
monitored elections was in 1990.) After the election, the Prime 
Minister continued to allege that the opposition engaged in dirty 
tactics, including slander. At year's end, the election results still 
were not gazetted officially and it was unclear if the ruling coalition 
or the opposition parties would, as allowed by law, appeal the results 
of any parliamentary races.
    Opposition parties filed objections to the results of 17 of 48 
seats contested in the Sabah state elections in March. In July and 
August, courts rejected the first of two of these petitions. In October 
a third petition was dropped. The other petitions still were pending at 
year's end.
    In the past, within the ruling UMNO party there had been active 
political debate. ``No-contest'' rules for leadership positions and 
generally increased intolerance of dissent limited but did not 
eliminate UMNO's role as a vehicle for public debate. After the removal 
of Deputy Prime Minister Anwar in 1998, intolerance of dissent within 
UMNO increased. In 1998 an extraordinary UMNO Assembly approved a 
series of measures designed to limit independent grassroots 
initiatives. During the year, there were no contests for leadership 
positions in UMNO.
    Over the years, Parliament's function as a deliberative body has 
deteriorated. Legislation proposed by the Government rarely is amended 
or rejected. Legislation proposed by the opposition is never given 
serious consideration. Opposition opportunities to hold legislation up 
to public scrutiny have diminished. The Parliament in 1995 amended its 
rules to strengthen the power of the Speaker and curb parliamentary 
procedures heavily used by the opposition. The amendments empowered the 
Speaker to ban unruly members for up to 10 days, imposed limits on 
deputies' ability to pose supplementary questions and revisit 
nongermane issues, and established restrictions on the tabling of 
questions of public importance. Further measures in 1997 and 1998 
limited even more severely members' opportunities to question and 
debate government policies. Nonetheless, government officials often 
face sharp questioning in Parliament, although this is not always 
reported in detail in the mainstream press.
    State assemblies also limit debate. For example in December the 
speaker of the Penang state assembly refused to allow an independent 
assemblyman to ask which constituencies had received the largest budget 
allocations for road repairs. The speaker said that the question was 
``prejudicial to the public interest.'' After the 1969 intercommunal 
riots, the Government abolished elected local government in favor of 
municipal committees and village chiefs appointed by state governments. 
Some politicians and NGO activists have advocated reintroduction of 
local government. Even some ruling party municipal officials have noted 
that local bodies are simply ``rubber stamps'' for the Government. 
Because of racial and political factors (non-Malays are more 
concentrated in urban areas), the Government is not expected to 
reintroduce elected local government soon.
    Women face no legal limits on participation in government and 
politics; however, they remain underrepresented due to social and other 
factors. At year's end, 2 of 28 cabinet ministers were women. Women 
hold 20 of 193 seats in the elected lower house of Parliament and 18 of 
69 seats in the appointed upper house. Women also hold some high-level 
judgeships. In 1998 the Minister of National Unity and Social 
Development stated that the country would not achieve its goal of 30 
percent female representation in the Government by 2005. The Minister 
stated that the 1998 rate of participation (defined as the percentage 
of female representatives in Parliament and in state assemblies) was 6 
to 7 percent. The Islamic opposition party does not allow female 
candidates. In the past, it has supported female candidates of other 
parties.
    Ethnic minorities are represented in cabinet-level positions in 
government, as well as in senior civil service positions. Nevertheless, 
the political dominance of the Malay majority means in practice that 
ethnic Malays hold the most powerful senior leadership positions. Non-
Malays fill 9 of the 28 cabinet posts. An ethnic Chinese leader of a 
component party of the ruling coalition holds executive power in the 
state of Penang.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of NGO's, including the Bar Council and other public 
interest groups, devote considerable attention to human rights. The 
Government generally tolerates their activities but oftendoes not 
respond to their inquiries or press statements. Government officials 
harshly criticize domestic NGO's for collaborating with foreigners, 
including international human rights organizations. However, at year's 
end, no group had been banned or decertified. Public apathy and racial 
divisions (non-Malays had dominated most human rights NGO's) have 
limited the effectiveness of NGO's in past years. However, public 
discontent over the 1998 removal of Deputy Prime Minister Anwar has 
given some impetus to NGO agendas among the Malay community.
    In 1998 the Government amended the Companies Act to grant the 
Registrar of Companies wide powers to block or disband organizations 
deemed prejudicial to national security or the national interest. In 
May the Government announced that it was planning to table amendments 
to the Registration of Businesses Act to enable the Government to track 
the activities and movements of organizations registered under the act 
(see Section 2.b.).
    The Government generally does not allow international human rights 
organizations to form branches; however, it generally does not restrict 
access by representatives of international human right organizations. A 
February report issued by the IPU on prison conditions (see Section 
1.c.) notes that, while the Government welcomed the December 1998 
investigative mission, the IPU delegation was not able to make 
important appointments and was not allowed to meet privately with Lim 
Guan Eng. Several foreign human rights observers have attended sessions 
of Anwar's two trials.
    In July Parliament passed legislation to form a National Human 
Rights Commission. The Commission's functions and powers would include 
promoting awareness of human rights, helping the Government to draft 
laws and regulations concerning human rights, advising the Government 
on acceding to human rights treaties, inquiring into human rights 
complaints, inspecting places of detention, and hearing witnesses and 
receiving evidence on human rights questions. At year's end, the 20 
members of the Commission had not yet been appointed. The Government 
pledged that the Commission would be independent, but opposition 
leaders were skeptical. The legislation creating the Commission defines 
human rights as ``the fundamental liberties provided for'' in the 
federal Constitution and restricts the application of the Universal 
Declaration of Human Rights to those provisions consistent with the 
Constitution. Opposition leaders and NGO's, including the Bar Council, 
criticized the definition as too narrow. At year's end, it was unclear 
how these provisions would be implemented.
    In February the U.N. Special Rapporteur on Freedom of Opinion and 
Expression issued a report stating that freedom of opinion is curtailed 
systematically in Malaysia (see Section 2.a.).
    A February IPU report stated that the conditions of imprisonment of 
opposition Member of Parliament Lim Guan Eng did not comply with 
international standards (see Section 1.c.).
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides for equal protection under the law and 
prohibits discrimination against citizens based on religion, race, 
descent, or place of birth. Although neither the Constitution nor laws 
explicitly prohibit discrimination based on sex or disabilities, the 
Government has tried to eliminate discrimination against women and 
promote greater public acceptance of the disabled. Government policies 
give preferences to ethnic Malays in housing, home ownership, the 
awarding of government contracts, educational scholarships, and other 
areas.
    Women.--Reports of rape are common in the press and among women's 
rights groups and NGO's, although the Government has not released 
comprehensive statistics. In December a women's NGO issued a report 
that stated that the incidence of rape had increased since 1993 and 
that more than 50 percent of rape victims are age 16 or younger. Many 
hospitals have set up crisis centers where victims of rape and domestic 
abuse can make reports without going to a police station. NGO's and 
political parties also cooperated in providing counseling for rape 
victims. Nonetheless, cultural attitudes and a perceived lack of 
sympathy from the largely male police force lead many victims not to 
report rapes. Some rapists receive heavy punishments, including caning, 
but women's groups complain that some rapists receive inadequate 
punishments.
    Spousal abuse is a serious problem that has drawn considerable 
government, NGO, and press attention. Awareness of the severity and 
prevalence of this problem is growing. In 1997 (the last year for which 
comprehensive statistics have been published), police investigated 
5,730 cases of spousal abuse, made 800arrests, and charged 693 
suspects, of whom 495 were tried and 198 were sentenced. The Malaysian 
Chinese Association Public Services and Complaints Department reported 
that the number of domestic violence complaints that it had received in 
the first 3 months of the year was roughly double that of the same 
period of the previous year. Whether this signifies a rise in the 
overall rate of domestic violence is unclear.
    The 1996 Domestic Violence Act addresses spousal abuse. However, 
women's groups criticized the act as inadequate and called for 
amendments to strengthen it. Obtaining a restraining order against an 
abusive spouse is a lengthy and cumbersome procedure. Moreover, 
enforcement of the order is split between the police and the Welfare 
Department so that violations often go unpunished.
    Although the Government, NGO's, and political parties have formed 
shelters and offer other assistance to battered spouses, activists 
assert that support mechanisms remain inadequate. Police responses to 
complaints of domestic violence are more professional and sensitive 
than in previous years, but problems remain and cultural attitudes are 
still an impediment.
    Domestic violence complaints are rare in Islamic (Shari'a) courts 
(six cases in 1997). Some Islamic law experts have urged Muslim women 
to become more aware of the provisions of Islamic law that prohibit 
spousal abuse and provide for divorces on grounds of physical cruelty. 
Nonetheless, Islamic law generally (each state has a separate code) 
prohibits wives from disobeying lawful orders of their husbands. These 
provisions often present an obstacle to women pursuing claims, 
including charges of abuse, against their husbands.
    Spousal rape is not a crime. Theoretically a man who raped his wife 
could face charges of assault, but women's rights activists cannot 
remember any man being convicted in such circumstances.
    A 1998 International Labor Organization (ILO) study estimated that 
there were roughly 40,000 to 140,000 prostitutes in 1998. The 
Government heatedly disputed this estimate and the police stated that 
they would investigate NGO's that might have provided information that 
formed the basis of the study. Sex tourism is not legal and the level 
of such activity is not high.
    A women's rights NGO stated in 1998 that the economic downturn was 
forcing more women into prostitution. The NGO cited government 
statistics showing an upturn in the number of arrests for prostitution. 
A government source disputed this claim, saying that the increase in 
arrests was due to more vigorous enforcement. In February the press 
reported a 1998 study by the national population and family development 
board that showed that the economic downturn had dampened the demand 
for prostitution.
    Malaysia is a source, transit, and destination country for 
trafficking in women for sexual purposes (see Section 6.f.).
    In August the Ministry of Human Resources issued a Code of Practice 
designed to prevent and eradicate sexual harassment in the workplace. 
Women's groups welcomed the code but noted that further public 
education on sexual harassment was still necessary. The Code of 
Practice has no legal effect and earlier plans for a sexual harassment 
law apparently have been abandoned. Women's rights activists said that 
a law on sexual harassment would be more effective than a code of 
practice. Deputy Human Resources Minister Datuk Dr. Affifuddin Omar 
responded that the Government preferred social engineering rather than 
a ``big brother approach'' to the problems of sexual harassment. In 
addition there are still many cultural obstacles to women who try to 
pursue sexual harassment charges. The Ministry of Human Resources 
stated in 1998 that it had received reports of only six sexual 
harassment cases in the first 6 months of that year (the most recent 
statistics available) and only a total of about 30 since 1996.
    Women are still victims of legal discrimination. The cultural and 
religious traditions of the major ethnic groups also heavily influence 
the condition of women in society. In family and religious matters, 
Muslim women are subject to Islamic law. Polygyny is allowed and 
practiced to a limited degree. Islamic inheritance law varies by state, 
but generally favors male offspring and relatives. However, one state, 
Negeri Sembilan, provides for matrilineal inheritance. The number of 
women obtaining divorces under the provisions of Islamic law that allow 
for divorce without the husband's consent, while small, is increasing 
steadily.
    There were increasing complaints about the treatment of women by 
Islamic courts. An April press report described complaints by NGO's and 
women's groups of rude and insensitive treatment by staff and officers 
of Islamic courts. In May the women's wing of UMNO stated that it would 
act to help accelerate and improve the handling of women's problems by 
Islamic courts.
    Muslim couples must take premarital courses. Women's activists have 
complained that the courses, as implemented, perpetuate gender 
discrimination by misinforming women of their rights in marriage (see 
Section 1.f.).
    Non-Muslim women are subject to civil (secular) law. Changes in the 
Civil Marriage and Divorce Act in the early 1980's increased protection 
of married women's rights, especially those married under customary 
rites. Nonetheless, many statutes, such as the Women and Girls 
Protection Act still provide for paternalistic or discriminatory 
treatment of women. The Guardianship of Women's and Infants Act was 
amended in July to give mothers equal parental rights. Four states 
extended the provisions of the amended bill to Muslim mothers. Women's 
groups urged all states to do the same. In June the Land and 
Cooperative Development Ministry announced that it was considering 
amending the Group Settlement Act to give wives of settlers a stake in 
the land awarded to their husbands.
    Government policy supports women's rights and the Government has 
undertaken a number of initiatives to promote equality for women. 
Specifically the Government promotes the full and equal participation 
of women in education and the work force. Women are represented in 
growing numbers in the professions, but women's groups argue that the 
level of participation is still disproportionately low. In the 
scientific and medical fields, women make up more than half of all 
university graduates and the total intake of women into universities 
increased from 29 percent in 1970 to one-half of the student population 
in recent years. In August National Unity and Social Development 
Minister Datin Paduka Zaleha Ismail said that the rate of participation 
of women in the labor force (30 percent in 1970) would be 52 percent by 
the end of 2000. The proportion of women in the civil service has risen 
from roughly 33 percent in 1990 to roughly 41 percent and women occupy 
some high-ranking civil service positions. In April Malaysian Trade 
Union Congress President Zainal Rampak urged trade unions to fulfill 
the ILO policy of filling 30 percent of leadership positions with women 
(current statistics were not disclosed).
    Children.--The Government has demonstrated a commitment to 
children's rights and welfare; it spends roughly 20 percent of the 
national budget on education. The Government provides free compulsory 
education for children through the age of 15. Actual attendance at 
primary school is nearly universal (99 percent). Secondary school 
attendance also is high (82 percent). A variety of programs provide low 
cost health care for most children. An office in the Ministry of 
National Unity and Social Development oversees children's issues.
    In October the Parliament passed a new Child Act. The Act 
stipulates heavier punishments for child abuse, molestation, neglect, 
and abandonment. The act also mandated the formation of a children's 
court, which, the Government stated, would better protect the interests 
of children.
    The Government recognizes that sexual exploitation of children and 
incest are problems. In 1997 police announced a special effort to 
prosecute the crime of incest, which is in particular a problem in 
rural areas. Child abuse receives wide coverage in the press. The 
Government sternly prosecutes cases of child abuse and child molesters 
receive heavy jail sentences and caning. The Ministry of National Unity 
and Social Development reported that in 1997 there were 1,117 reported 
cases of child abuse, while from January through August 1998 there were 
600 cases. In August a Malaysian physician who studies child abuse said 
publicly that the sexual abuse of children was common in Malaysia. 
Child labor also is a problem (see Section 6.d.).
    Female genital mutilation (FGM) is widely condemned by 
international health experts as damaging to physical and psychological 
health; however, extreme forms of FGM are not practiced in the country. 
Many Malay girls receive a tiny ritual cut to the clitoris. Almost all 
Malay women, including Muslim women's activists, do not believe that 
this constitutes mutilation or reduces a woman's future capacity for 
sexual pleasure.
    Statutory rape occurs and is prosecuted. However, Islamic law 
provisions that consider a Muslim girl an adult after she has had her 
first menstruation sometimes complicate prosecution of statutory rape. 
Such a girl can be charged with ``khalwat'' or ``close proximity'' (the 
charge usually used to prosecute premarital or extramarital sexual 
relations) even if she is under the age of 18 and her partner is an 
adult. Moreover Shari'a courts sometimes are more lenient with males 
who are charged with ``close proximity.'' Thus, Shari'a sometimes 
punishes the victims of statutory rape. However, in many cases Muslim 
men are charged and punished for statutory rape under secular law.
    Child prostitution exists. However, child prostitutes often are 
treated as delinquents rather than victims. In 1998 the Minister of 
National Unity and Social Development stated that 150 to 160 underage 
girls are detained ``each year'' for involvement in immoral activities 
and sent to rehabilitation centers. Authorities prosecute traffickers 
in child prostitution vigorously. Statistics for apprehension of 
traffickers are not available (see Section 6.f.).
    People with Disabilities.--The Government does not discriminate 
against physically disabled persons in employment, education, and 
provision of other state services. However, few public facilities are 
adapted to the needs of the disabled, and the Government has not 
mandated accessibility to transportation or public buildings for the 
disabled. In August Minister of National Unity and Social Development 
Zaleha said that only 10 percent of residential and commercial 
buildings were ``disabled-friendly''. In September Minister Zaleha 
announced a cabinet decision to require that 10 percent of houses in 
all new housing projects be disabled-friendly. In December Zaleha 
reportedly said that ``all buildings'' would be made accessible to the 
disabled within 2 years.
    Special education schools exist, but they are not sufficient to 
meet the needs of the disabled population. The Government and the 
general public are becoming more sensitive to the needs of the 
physically disabled. The Government has taken many initiatives to 
promote public acceptance of the disabled, to make public facilities 
more accessible to disabled persons, and to increase budgetary 
allotments for programs aimed at aiding them.
    In August an NGO representing the disabled said that the disabled 
make up 7 percent of the population. The NGO urged the Government to 
increase its support for the disabled. Disabled persons do not enjoy 
explicit legal protection against discrimination. In August the parents 
of a disabled child sued a private international school for 
discrimination after the school refused to enroll their child. A court 
ruled that the school must accept the disabled child.
    Indigenous People.--Indigenous groups and persons (i.e., the 
descendants of the original inhabitants of peninsular Malaysia and the 
Borneo states) generally enjoy the same constitutional rights as the 
rest of the population. However, in practice federal laws pertaining to 
indigenous people vest almost total power in the minister responsible 
for indigenous people (currently the Minister of National Unity and 
Social Development) to protect, control, and otherwise decide issues 
concerning them. As a result, indigenous people, particularly in 
peninsular Malaysia, have very little ability to participate in 
decisions.
    Under the 1954 Aboriginal People's Act (amended in 1974), 
indigenous people in peninsular Malaysia (known as Orang Asli) who had 
been granted land on a group basis had no right to own land on an 
individual basis or to receive titles to land. The Social Development 
Ministry announced in 1996 that state governments, which make decisions 
affecting land rights, had agreed to issue titles to Orang Asli. 
Amendments were drafted to enable Orang Asli to hold titles on an 
individual basis. Surveying and transfer of title apparently has 
proceeded very slowly. In July Minister Zaleha said that no Orang Asli 
had yet been given individual land titles on this basis.
    The uncertainty surrounding Orang Asli land ownership makes them 
vulnerable to exploitation. There were many reports of Orang Asli who 
had been cheated, misled, or otherwise exploited by land developers. In 
some cases, the Orang Asli have sued. Finance Minister Tun Daim 
Zainuddin announced in May that a total of 314,715 acres of land would 
be gazetted and reserved for Orang Asli. The Federal Government urged 
the states to follow up on Daim's announcement. The leader of a leading 
Orang Asli NGO welcomed the announcement, but urged the Government to 
proceed quickly. This NGO pointed out that the total area of land 
actually gazetted and reserved for Orang Asli had declined, not 
increased, since 1990.
    The indigenous people in peninsular Malaysia, who number roughly 
100,000, are the poorest group in the country; however, according to 
government officials, Orang Asli gradually are catching up to other 
citizens in their standard of living, and the percentage of Orang Asli 
who lead a nomadic lifestyle has dropped to less than 40 percent. 
Government development projects for the Orang Asli are announced from 
time to time.
    In east Malaysia, although state law recognizes the right of 
indigenous people to land under ``native customary rights,'' the 
definition and extent of these lands are in dispute. Indigenous people 
in the state of Sarawak continued to protest the alleged encroachment 
by state and private logging and plantationcompanies onto land that 
they consider theirs because of customary rights. Laws allowing 
condemnation and purchase of land do not require more than perfunctory 
notifications in newspapers to which indigenous people may have no 
access. The net result is that many indigenous people are deprived of 
their traditional lands with little or no legal recourse. In July the 
Government announced that it was scaling back the large Bakun Dam 
project in Sarawak, which would have resettled many residents.
    In September after a long-simmering feud with neighboring 
villagers, four plantation company workers were killed in the state of 
Sabah. Allegedly, indigenous residents, angered over the plantation 
company's repeated encroachments on what the residents regarded as 
their native land, killed the workers.
    National/Racial/Ethnic Minorities.--The Government implements 
extensive preferential programs designed to boost the economic position 
of the Malay majority, which remains poorer on average than the Chinese 
minority. Such preferential programs and policies limit opportunities 
for non-Malays in higher education, government employment, business 
permits and licenses, and ownership of land. According to the 
Government, these programs have been instrumental in ensuring ethnic 
harmony and political stability. Ethnic Indian Malaysians continue to 
lag behind in the country's economic development. A small component 
party of the ruling coalition proposed in August to abolish ethnic 
quotas. The Government rejected the proposal.
Section 6. Worker Rights
    a. The Right of Association.--By law most workers have the right to 
engage in trade union activity and approximately 11 percent of the work 
force belong to 544 trade unions. Exceptions include certain limited 
categories of workers labeled ``confidential'' and ``managerial and 
executive,'' as well as defense and police officials. Within certain 
limitations, unions may organize workplaces, bargain collectively with 
employers, and associate with national federations. In April the 
Government reiterated that it discourages foreign workers from joining 
unions and that labor laws adequately protect the rights of foreigners. 
In practical terms, foreigners are not allowed to join trade unions 
(see Section 6.e.).
    The Trade Unions Act prohibits interfering with, restraining, or 
coercing a worker in the exercise of the right to form trade unions or 
in participating in lawful trade union activities. However, the act 
restricts a union to representing workers in a ``particular 
establishment, trade, occupation, or industry or within any similar 
trades, occupations, or industries,'' contrary to ILO guidelines. The 
Director General of Trade Unions may refuse to register a trade union 
and, in some circumstances, may also withdraw the registration of a 
trade union. When registration has been refused, withdrawn, or 
canceled, a trade union is considered an unlawful association. The 
Government justifies its overall labor policies by positing that a 
``social compact'' exists wherein the Government, employer, and worker 
are part of an overall effort to create jobs, train workers, boost 
productivity and profitability, and ultimately provide the resources 
necessary to fund human resource development and a national social 
safety net. Trade unions from different industries may join in national 
congresses, but the congresses must register as societies under the 
Societies Act (see Section 2.b.).
    In January the Trade Unions Department reported that in 1998 it had 
issued notices to 206 trade unions threatening them with deregistration 
for failing to submit reports of their accounts. A leading trade union 
leader said that he was ``puzzled'' by the Trade Union's Department 
statement and would seek further clarification. Also in February, the 
Human Resources Minister said publicly that union members' complaints 
against union leaders were increasing. In February the Human Resources 
Minister said that the Government would amend the Trade Unions Act to 
make all principal officers of a union liable if the union commits any 
wrongdoing (now only the secretary general is liable). There were no 
reports that these amendments were adopted. Some trade unionists claim 
that unions that defy government policies face more intense scrutiny, 
potentially leading to deregistration. However, there were no reports 
that unions were deregistered.
    In September Malaysian Trade Union Congress (MTUC) leader Zainal 
Rampak said that the MTUC was fed up with delays in registering new 
unions, and that new unions often faced delays of several years in 
registering. Zainal called on the Government to amend the Industrial 
Relations Act to allow automatic union recognition.
    In April the MTUC called on the Government to ratify ILO Convention 
87, which provides for the freedom to join a union. At year's end, the 
Government had not ratified the Convention.
    Government policy discourages the formation of national unions in 
the electronics sector; the Government believes that enterprise-level 
unions are more appropriate for this sector. In 1997 the MTUC dropped 
its longstanding objection to this practice, stating that it would be 
better for the workers to have the in-house unions ``than none at 
all.'' However, in February MTUC secretary general G. Rajasekaran said 
that a national union for electronics workers was still on the MTUC 
agenda.
    Even in-house unions sometimes face difficulties. For example, an 
electronics company was picketed by workers several times during the 
year. Workers called on the company to end litigation and conclude a 
collective bargaining agreement that has been pending for 10 years. 
Workers claimed that the company had refused to meet union officials, 
even though the Department of Trade Unions recognized the union.
    Unions maintain independence both from the Government and from 
political parties, but individual union members may belong to political 
parties. Although union officers by law may not hold principal offices 
in political parties, individual trade union leaders have served in 
Parliament. Trade unions are free to associate with national labor 
congresses, which exercise many of the responsibilities of national 
labor unions, although they cannot bargain for local unions. In l997 
longtime labor leader Zainal Rampak joined the ruling party, and in 
1998 was appointed to the Senate. Some union leaders are concerned that 
the MTUC, under Zainal's leadership, is losing its independence.
    Although strikes are legal, the right to strike is restricted 
severely. The law contains a list of ``essential services'' in which 
unions must give advance notice of any industrial action. The list 
includes sectors not normally deemed essential under ILO definitions.
    The Industrial Relations Act of 1967 requires the parties to notify 
the Ministry of Human Resources that a dispute exists before any 
industrial action (strike or lockout) may be taken. The Ministry's 
Industrial Relations Department then may become involved actively in 
conciliation efforts. If conciliation fails to achieve settlement, the 
Minister has the power to refer the dispute to the Industrial Court. 
Strikes or lockouts are prohibited while the dispute is before the 
Industrial Court. The Industrial Relations Act prohibits employers from 
taking retribution against a worker for participating in the lawful 
activities of a trade union. Where a strike is legal, these provisions 
would prohibit employer retribution against strikers and leaders. 
Although some trade unions question their effectiveness, it is not 
possible to assess fully whether these provisions are being enforced 
effectively, given the limited number of cases of alleged retribution.
    Strikes are extremely rare. In January the Deputy Human Resources 
Minister said that the (1997 and 1998) economic downturn was ``not 
affecting industrial harmony'' and noted that the country still seldom 
had strikes.
    In April 500 taxi drivers in the state of Penang held an informal 
strike to protest stricter government enforcement of a rule requiring 
meters. In May a group of truck drivers blocked the country's main 
north-south highway to protest road rules.
    There are two national labor organizations. The MTUC is a 
federation of mainly private sector unions. CUEPACS is a federation of 
civil servant and teacher unions. Public servants have the right to 
organize at the level of ministries and departments. There are three 
national joint councils representing management and professional civil 
servants, technical employees, and nontechnical workers. In May various 
trade unions representing port workers announced plans to form a 
federation potentially including 12,000 workers. There were no reports 
of further developments.
    In 1998 the Government announced plans to include foreign workers 
in the national workers compensation scheme. Exclusion of foreign 
workers from this scheme had been a longstanding concern of the ILO. In 
August Human Resources Minister Lim Ah Lek said that the Cabinet would 
soon receive the final report on extending the compensation scheme to 
foreign workers. There were no reports of further developments.
    Enterprise unions can associate with international labor bodies and 
do so.
    b. The Right to Organize and Bargain Collectively.--Workers have 
the legal right to organize and bargain collectively, and collective 
bargaining is widespread in those sectors where labor is organized. The 
law prohibits antiuniondiscrimination by employers against union 
members and organizers. Charges of discrimination may be filed with the 
Ministry of Human Resources or the Industrial Court. Critics say that 
the Industrial Court is slow in adjudicating worker complaints when 
conciliation efforts by the Ministry of Human Resources fail. However, 
other critics point out that the Industrial Court almost always sides 
with the workers in disputes. In August the press reported an MTUC 
survey that indicated that employers often ignore with impunity 
Industrial Court judgments.
    Companies in free trade zones (FTZ's) must observe labor standards 
identical to those in the rest of the country. Many workers in FTZ 
companies are organized, especially in the textile and electrical 
products sectors. The ILO continues to object to legal restrictions on 
collective bargaining in ``pioneer industries.''
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor, and the Government generally 
enforces this prohibition; however, trafficking in women for the 
purpose of forced prostitution is a problem (see Section 6.f.). In 
theory certain laws allow the use of imprisonment with compulsory labor 
as a punishment for persons who express views opposed to the 
established order or who participate in strikes. The Constitutional 
prohibition renders these laws without effect.
    The Constitutional prohibition also applies to forced and bonded 
labor by children; however, trafficking in girls for the purpose of 
forced prostitution is a problem. Bonded labor is rare, and there were 
no cases reported during the year.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Children and Young Persons (Employment) Act of 1966 
prohibits the employment of children younger than the age of 14. The 
act permits some exceptions, such as light work in a family enterprise, 
work in public entertainment, work performed for the Government in a 
school or in training institutions, or work as an approved apprentice. 
In no case may children work more than 6 hours per day, more than 6 
days per week, or at night.
    Child labor occurs in certain sectors of the country. A 1993 joint 
report by the International Confederation of Free Trade Unions and the 
Asian and Pacific Regional Organization put the child work force at 
75,000. However, government officials maintain that this figure is 
outdated, since it was based on a nationwide survey of child labor 
undertaken in 1980, which estimated that more than 73,400 children 
between the ages of 10 and 14 were employed full time. There is no 
reliable recent estimate of the number of child workers. Most child 
laborers work in the urban informal sector in food businesses, night 
markets, and small-scale industries, as well as on rubber and palm oil 
plantations. Government officials do not deny the existence of child 
labor but maintain that foreign workers largely have replaced child 
labor and that the Government vigorously enforces child labor 
provisions. Forced and bonded labor by children is prohibited and 
generally is rare; however, occasional trafficking in girls for the 
purpose of forced prostitution is a problem (see Section 6.c. and 
6.f.).
    e. Acceptable conditions of work.--There is no national minimum 
wage, but the Wage Councils Act provides for a minimum wage in those 
sectors or regions of the country where a need exists. Under the law, 
workers in an industry who believe that they need the protection of a 
minimum wage may request that a wage council be established. Few 
workers are now covered by minimum wages set by wage councils and the 
Government prefers to let market forces determine wage rates. Minimum 
wages set by wage councils generally do not provide for a decent 
standard of living for a worker and family. However, prevailing wages, 
even in the sectors covered by wage councils, are higher than the 
minimum wages set by the wage councils and often do provide a decent 
living. In May Human Resources Minister Datuk LIM Ah Lek said that the 
Government was not against a minimum wage, but that it was not ready to 
set the amount at $316 (1,200 ringgit) per month (as proposed by some 
unions). MTUC President Zainal Rampak subsequently again called on the 
Government to introduce a minimum wage.
    Under the Employment Act of 1955, working hours may not exceed 8 
hours per day or 48 hours per workweek of 6 days. Each workweek must 
include one 24-hour rest period. The act also sets overtime rates and 
mandates public holidays, annual leave, sick leave, and maternity 
allowances. The Labor Department of the Ministry of Human Resources 
enforces these standards, but a shortage of inspectors precludes strict 
enforcement.
    Plantation workers generally receive either piecework or daily 
wages. Many NGO's and union officials proposed a monthly wagefor 
plantation workers. The Government stated that it would study the idea, 
but at year's end, had taken no action.
    Legal and illegal foreign workers from Indonesia, the Philippines, 
Burma, Thailand, India, Bangladesh, and other countries constitute 
about 20 percent of the workforce. These workers, who occupy a wide 
range of menial jobs in the agricultural, industrial, and service 
sectors, are not allowed to join trade unions. The MTUC stated in 
December that foreign workers should be unionized. In February the 
Government reiterated that it did not ``encourage'' foreign workers to 
join unions and that labor laws were adequate to protect foreign 
workers' interests.
    Significant numbers of contract workers, including numerous illegal 
immigrants, work on plantations and in other sectors. Working 
conditions on plantations for these laborers compare poorly with those 
of direct-hire plantation workers, many of whom belong to the national 
union of plantation workers. Moreover, immigrant workers in the 
construction and other sectors, particularly if they are illegal 
aliens, generally do not have access to the system of labor 
adjudication. Government investigations into this problem have resulted 
in a number of steps to eliminate the abuse of contract labor. For 
example, besides expanding programs to regularize the status of 
immigrant workers, the Government investigates complaints of abuses, 
endeavors to inform workers of their rights, encourages workers to come 
forward with their complaints, and warns employers to end abuses. Like 
other employers, labor contractors may be prosecuted for violating the 
labor laws.
    In 1993 Parliament adopted an Occupational Safety and Health Act 
(OSHA), which covers all sectors of the economy, except the maritime 
sector and the military. The act established a national Occupational 
Safety and Health Council, composed of workers, employers, and 
government representatives, to set policy and coordinate occupational 
safety and health measures. It requires employers to identify risks and 
take precautions, including providing safety training to workers, and 
compels companies that have more than 40 workers to establish joint 
management-employee safety committees. The act requires workers to use 
safety equipment and to cooperate with employers to create a safe, 
healthy workplace. Trade unions maintain that relatively few committees 
have been established and, even in cases where they exist, that they 
meet infrequently and generally are ineffective.
    Employers or employees that violate the OSHA are subject to 
substantial fines or imprisonment for up to 5 years. There are no 
specific statutory or regulatory provisions that provide a right for 
workers to remove themselves from dangerous workplace conditions 
without arbitrary dismissal.
    f. Trafficking in Persons.--The Constitution prohibits slavery; 
however, this provision has not been invoked in cases of human 
trafficking. The Protection of Women and Girls Act explicitly prohibits 
trafficking and other forms of exploitation of women and girls and 
forms the legal basis for prosecuting trafficking cases.
    Malaysia is a source, transit, and destination country for 
trafficking in women and girls for sexual exploitation. In 1998 the 
Deputy Home Minister stated that 2,250 foreign prostitutes had been 
arrested in Malaysia. Police believe that the overwhelming number of 
prostitutes in the country are foreigners from Indonesia, the 
Philippines, Burma, Thailand, and China. These women often work as 
karaoke hostesses, ``guest relations officers,'' and masseuses. Russian 
women work in smaller numbers as prostitutes. Malaysian women are 
trafficked for sexual purposes mostly to Singapore, Macau, Hong Kong, 
and Taiwan, but also to Japan, Australia, Canada, and the United 
States. According to police and Chinese community leaders, Malaysian 
women who are victims of traffickers are almost exclusively ethnic 
Chinese, though ethnic Malay and ethnic Indian women work as 
prostitutes domestically. Police and NGO's believe that Chinese 
criminal syndicates are behind most of the trafficking (both incoming 
an outgoing) of women of all nationalities. The Deputy Home Minister 
stated in 1997 that 4,200 Malaysian girls and young women were reported 
missing in 1997. Political parties and NGO's estimate that a portion of 
these women and girls were victims of traffickers.
    A few government officials may provide bogus documents illicitly to 
traffickers (although no specific cases were reported), but the 
Government investigates and punishes those involved in such cases. The 
Government assists underage girls and has rescued some kidnaped women. 
Police often raid venues of prostitution. For example, Selangor state 
police said that they had raided 1,230 suspected ``vice dens'' during 
the year. However, NGO's and women's rights activists complain that 
police have no coherent policy to protect victims of trafficking. 
Rather than prosecute traffickers, police generally arrest or deport 
individual women for prostitution. In 1998 the press quoted an 
anonymous police official as saying that Malaysia had become a ``safe 
haven'' for traffickers. A police spokesman asked for official comment 
responded by questioning whether press reporting on trafficking in 
women was in the national interest.
    Authorities prosecute traffickers in child prostitution vigorously. 
Statistics for apprehension of traffickers are not available.
                                 ______
                                 

                            MARSHALL ISLANDS

    The Republic of the Marshall Islands, a self-governing nation under 
the Compact of Free Association with the United States, is composed of 
34 atolls in the central Pacific, with a total land area of about 70 
square miles. The approximately 56,000 inhabitants are of Micronesian 
origin and concentrated primarily on Majuro and Kwajalein atolls. The 
Constitution provides for free and fair elections, and executive and 
legislative branches. The legislature consists of a 33-member 
Parliament (Nitijela), and a Council of Chiefs (Iroij), which serves a 
largely consultative function dealing with custom and traditional 
practice. The President is elected by majority Nitijela vote and he 
appoints his Cabinet from its membership. The Constitution provides for 
an independent judiciary; however, the Government attempted to 
influence the judiciary.
    Under the Compact of Free Association, the United States is 
responsible for defense and national security, and the Marshall Islands 
has no external security force of its own. The national and local 
police forces have responsibility for internal security. These agencies 
honor constitutional and legal civil rights protections in executing 
their responsibilities.
    The economy depends mainly on transfer payments from the United 
States. Coconut oil and copra exports, a small amount of tourism, 
import and income taxes, and fishing licensing fees generate limited 
revenues.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of dealing 
with individual instances of abuse. However, government influence leads 
to occasional media self-censorship, and also affects the judiciary. 
There were occasional instances of denial of due process for detainees. 
Violence against women and child abuse are problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution expressly forbids such practices, and 
there were no reports that officials employed them. Security forces 
generally respect this prohibition. There was one case in which a 
police officer was charged with bodily assault of a detainee.
    Prison conditions, while Spartan, meet minimum international 
standards.
    The Government permits prison visits by human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest, detention, or exile, and the Government 
generally observes this prohibition. Nonetheless, there were several 
reported cases of arbitrary detention lasting over 24 hours in which 
persons were denied their rights to be charged or released within the 
specified time, or to be informed of the charges against them.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, the Government attempts to influence 
judicial matters through legislative or administrative means. A High 
Court seat vacated in July 1998 remains unfilled. The Constitution 
provides for the removal of a judge only by a resolution adopted by at 
least two-thirds of the Nitijela members and only on certain specific 
grounds (e.g., clear failure to discharge duties; treason; or bribery). 
In late 1998, the President and his cabinet ministers had criticized 
publicly the Chief Justice's decision concerning a constitutional 
interpretation with which the Government disagreed. On April 19, during 
a preliminary hearing on a criminal case involving the Government's 
passport sales program, the Chief Justice remarked that it seemed 
unfair for the Government to single out one defendant when there 
appeared to be evidence of illegal activity by several other members of 
the Government involved in the passport program. In June the Cabinet 
prematurely terminated the contract of the foreign national High Court 
Chief Justice and appointed the President's and Cabinet's attorney to 
replace him as chairman of the independent JudicialServices Commission. 
During the past 4 years, three chief justices have resigned or been 
terminated by the Government.
    The judiciary consists of a Supreme Court with appellate 
jurisdiction, a High Court with general jurisdiction in civil and 
criminal matters and appellate jurisdiction over subordinate courts at 
the district and community levels, and a Traditional Rights Court with 
jurisdiction in cases involving matters of customary law and 
traditional practice.
    The Constitution provides for the right to a fair trial, and the 
Government generally respects this right.
    There were no reports of political prisoners.
    f. Arbitrary Interference With Privacy, Family, Home, or 
Correspondence.--The Constitution provides for freedom from such 
practices, government authorities respect these prohibitions, and 
violations are subject to effective legal sanction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of 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 is a privately owned weekly newspaper with articles and 
opinions in both English and the Marshallese language.
    There is one radio station, which is government owned. The 
President and cabinet members control the programming of the station 
and generally allow nonadministration viewpoints to be broadcast. Live 
broadcasts of the legislative session have been cut when remarks are 
critical of the Government. The Government also has used the radio 
station to attack verbally the judiciary and opposition members. There 
is a cable television company that broadcasts a variety of foreign news 
and entertainment programs and occasional videotaped local events.
    The Government respects academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly and association, and these 
provisions are observed in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice.
    There are no recent reports of refugees. The Government has not 
formulated a policy regarding refugees, asylees, or first asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right through 
periodic elections. The Nitijela (Parliament) and mayors are elected by 
secret ballot every 4 years with universal suffrage for citizens 18 
years of age and older. The Nitijela election was held on November 15, 
and, in a record turnout, voters signaled dissatisfaction with the 
incumbent government by defeating five of the eight incumbent ministers 
seeking reelection. In January 2000, the President is to be selected by 
the Nitijela from among its 33 members. The President then selects 
approximately nine cabinet ministers from among the Nitijela members. 
Executive power is centralized in the President and his Cabinet. This 
group dominates the legislature as well. There are no restrictions on 
the formation of political parties. Political activity by foreigners is 
prohibited.
    On September 7, 1998, the President and his Cabinet walked out of 
the legislative session when the Speaker of the Nitijela ruled that 
there would be a secret ballot on a motion of no confidence. On 
September 29, 1998, the High Court ruled the walkout illegal. The 
Cabinet appealed the High Court decision to the Supreme Court, and the 
President and Cabinet continued to use walkouts to avoid critical votes 
during the legislative session, at times precipitating a virtual 
shutdown of the legislature. On September 8, the Supreme Court upheld 
the High Court ruling.
    There are no legal impediments to women's participation in 
government and politics. One woman was elected to the Nitijela in the 
November elections. Society is matrilineal, and those men and women who 
exercise traditional leadership and land ownership powers derive their 
rights either from their own positions in the family, or from 
relationships deriving from their mother's and sister's lineage. 
However, urbanization and the movement of the population away from the 
lands that they control, is leading to a decline in the traditional 
authority exercised by women. Women's cultural responsibilities and 
traditionally passive roles are not seen to be managerial or executive 
in nature, and women remain underrepresented in Parliament and in 
senior government positions.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigations of Alleged Violations of Human 
        Rights
    While there are no official restrictions, no local nongovernmental 
human rights organizations have been formed. No international human 
rights organization has expressed interest or concern or visited the 
country.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination on the basis of sex, 
race, color, language, religion, political or other opinion, national 
or social origin, place of birth, family status or descent, and the 
Government generally respects these provisions.
    Women.--The Government identifies spousal abuse as common. Wife 
beating is not condoned in society, and most assaults occur while the 
assailant is under the influence of alcohol. The Government's health 
office provides counseling for reported spouse and child abuse cases, 
but advises that many cases go unreported. Assault is a criminal 
offense, but women involved in domestic violence are reluctant to 
prosecute spouses in the court system. Women's groups publicize women's 
issues and attempt to create a greater awareness of the rights of 
women. Violence against women outside the family occurs, and women in 
the urban centers would assume a risk by going out alone after dark.
    Inheritance of property and of traditional rank is matrilineal, 
with women occupying positions of importance within the traditional 
system. No instances of unequal pay for equal work or of sex-related 
job discrimination were reported. However, while women workers are very 
prevalent in the private sector, many of them are in low paying jobs 
with little hope of advancement.
    Children.--The Government is committed to children's welfare 
through its programs of health care and free education, but these have 
not been adequate to meet the needs of the country's sharply increasing 
population.
    It is estimated that up to 20 percent of elementary school age 
children do not attend school on a regular basis. The Government's 
enrollment report indicates that only two-thirds of those completing 
eighth grade attend high school. Of that number, 50 percent eventually 
graduate.
    Child abuse and neglect are criminal offenses. Although the 
Government has ratified the Convention on the Rights of the Child, 
awareness of the Convention and its provisions remain low among the 
general population. The law requires teachers, caregivers, and other 
persons to report instances of child abuse and exempts them from civil 
or criminal liability as a consequence of making such a report. 
However, there are few reports and few prosecutions. Child abuse and 
neglect are considered to be on the increase. Apparently contributing 
to the problem are the influences on family life and traditional values 
arising from increased urbanization, unemployment, population 
pressures, two-earner households, and the availability of alcohol and 
illegal gambling.
    People With Disabilities.--There is no apparent discrimination 
against disabled persons in employment, education, or in the provision 
of other state services. There are no building codes, and there is no 
legislation mandating access for the disabled.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of free association in general, and the Government interprets 
this right as allowing the existence of labor unions, although none has 
been formed to date. The Constitution does not provide for the right to 
strike, and the Government has not addressed this issue.
    b. The Right to Organize and Bargain Collectively.--There is no 
legislation concerning collective bargaining or trade union 
organization. However, there are no impediments to the organization of 
trade unions or to collective bargaining. Wages in the cash economy are 
determined by market factors in accordance with the minimum wage and 
other laws.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits involuntary servitude, and there is no evidence of its 
practice. The law does not specifically prohibit forced and bonded 
labor by children, but such practices are not known to occur.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law does not prohibit the employment of children. 
Children typically are not employed in the wage economy, but some 
assist their families in fishing, agriculture, and other small-scale 
domestic enterprises. The law requires compulsory education for 
children from 6 to 14 years of age, but the Government does not enforce 
this law due to a lack of classrooms and teachers. There is no law or 
regulation setting a minimum age for employment of children.
    The law does not specifically prohibit forced and bonded labor by 
children, but such practices are not known to occur (see Section 6.c.).
    e. Acceptable Conditions of Work.--There is a government-specified 
minimum wage established by law, and it is adequate to maintain a 
decent standard of living in this subsistence economy where extended 
families are expected to help less fortunate members. The minimum wage 
for all government and private sector employees is $2.00 per hour. (The 
U.S. dollar is the national currency.) The Ministry of Resources and 
Development oversees minimum wage regulations, and its oversight has 
been deemed 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. Most businesses are closed and people 
generally refrain from work on Sunday.
    A government labor office makes recommendations to the Nitijela on 
working conditions, such as the minimum wage, legal working hours and 
overtime payments, and occupational health and safety standards in 
accordance with International Labor Organization conventions. The 
office periodically convenes board meetings that are open to the 
public. There is no legislation specifically giving workers the right 
to remove themselves from situations that endanger their health or 
safety without jeopardy to their continued employment, and there is no 
legislation protecting workers who file complaints about such 
conditions.
    f. Trafficking in Persons.--There are no specific laws concerning 
trafficking in persons; however, there were no reports that persons 
were trafficked in, to, or from the country.
                                 ______
                                 

                     FEDERATED STATES OF MICRONESIA

    The Federated States of Micronesia (FSM) is composed of 607 small 
islands extending over a large area of the central Pacific. Four 
states--Chuuk (formerly Truk), Kosrae, Pohnpei, and Yap--make up the 
federation. The population is estimated at 130,000, mostly of 
Micronesian origin. The four states were part of the Trust Territory of 
the Pacific Islands and were 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: An executive branch led by a president 
who also serves as head of state; a unicameral legislature elected from 
the four constituent states; and an independent 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 the islands defense. The FSM has no security forces 
aside from national police operating under the office of the Secretary 
of Justice and public safety officers operating under the authority of 
the attorney generals of the individual state governments.
    The economy depends heavily on transfer payments from the United 
States, fishing, tourism, and subsistence agriculture.
    The Government generally respects the human rights of its citizens. 
Traditional customs distinguish between persons on the basis of social 
status and sex. There is evidence of an increase in both spousal abuse 
and child neglect, and government agencies often ignore such problems 
due to the constraints imposed by traditional society. Neither the 
Government nor other organizations successfully have filled the role of 
the traditional extended family in protecting and supporting its 
members.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--There was no pattern of torture or other cruel, inhuman, 
or degrading treatment or punishment.
    Prison conditions meet minimum international standards.
    No local organizations concern themselves solely with human rights, 
and the question of prison visits by human rights monitors has not 
arisen.
    d. Arbitrary Arrest, Detention, or Exile.--Legal procedures, for 
the most part patterned after U.S. law, provide for due process, which 
is carefully observed.
    Exile is not used.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and it is independent in practice.
    The Chief Justice of the Supreme Court is appointed by the 
President, with the advice and consent of the Congress.
    Public trial is provided for in the Bill of Rights, and trials are 
conducted fairly. Juveniles may have closed hearings. Despite these 
provisions, cultural resistance to litigation and incarceration as 
methods of maintaining public order has allowed some persons to act 
with impunity. Serious cases of sexual and other assault and even 
murder have not gone to trial, and suspects routinely are released 
indefinitely.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law prohibits such arbitrary interference, and in 
practice there is none.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
these rights, and the Government generally respects these rights in 
practice. No newspapers now are published in the country. The biweekly 
Island Tribune closed in April because the owners could not find a 
local or foreign journalist to manage the newspaper. The newspaper is 
expected to reopen if a qualified journalist is found. Until the Island 
Tribune closed, it reported on domestic events and addressed 
controversial issues.
    The national Government and the four states publish newsletters. 
Each of the four state governments controls a radio station that 
broadcasts primarily in the local language. One religious group 
operates a private radio station. The population of Pohnpei has 
increasing access to live satellite-televised information from around 
the world and tape-delayed broadcasts of programming by the major U.S. 
networks. However, none of the other three states has a television 
receiver station, and few residents have individual satellite dishes.
    There is an increasing level of open public discussion of social 
and governmental issues on various Internet sites. The Internet plays 
an important role in allowing citizens in the four states, as well as 
those residing outside the country, an opportunity to share views and 
opinions.
    Academic freedom is respected.
    b. Freedom of Peaceful Assembly and Association.--The Bill of 
Rights provides for freedom of peaceful assembly, and the Government 
respects this right in practice. During political campaigns, citizens 
often question candidates at public meetings and social gatherings.
    The Bill of Rights provides for freedom of association, and the 
Government respects this right in practice. Formal associations are 
uncommon, but organizations for students and women exist.
    c. Freedom of Religion.--The Bill of Rights forbids the 
establishment of a state religion and governmental restrictions on 
freedom of religion, and the Government respects this freedom in 
practice. Missionaries of many faiths work in the country without 
hindrance.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement within the country. It is silent on foreign travel, 
emigration, and repatriation, but in practice none of these is 
restricted.
    The three Vietnamese who fled a U.N. High Commissioner for Refugees 
camp in Indonesia and sailed to Yap state in November 1998 are still 
there. The Government has not found another country willing to accept 
them.
    The Government has not formulated a policy regarding refugees, 
asylees, or first asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to change their government. The Congress is 
elected by popular vote from each state; the Congress then chooses the 
President and Vice President from among its four at large senators by 
majority vote. State governors, state legislators, and municipal 
governments are elected by direct popular vote. Political campaigning 
is unrestricted, and, since there are no established political parties, 
political support generally is sought from family and allied clan 
groupings, as well as religious groups.
    There are no restrictions on the formation of political groups, but 
there have been no significant efforts to form political parties.
    Cultural factors in the male-dominated society have limited women's 
representation in government and politics. Although women hold midlevel 
positions at both the federal and state level, women are severely 
underrepresented in leadership roles at the highest government levels. 
The first woman to hold a national government cabinet position was 
appointed in June as Public Defender.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There were no known requests for investigations of alleged human 
rights violations. While there are no official restrictions, no local 
groups exclusively concern themselves with human rights. However, there 
are women's groups that address rights for women and children.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    Although the Constitution provides explicit protection against 
discrimination based on race, sex, language, or religion, there is 
extensive societal discrimination, notably discrimination and violence 
against women. Government enforcement of these constitutional 
protections is weak.
    Women.--Most violence against women occurs in the family context. 
In the traditional Micronesian extended family unit, spouses and 
children were accorded strong protections from violence, abuse, and 
neglect. These actions were deemed offenses against the family, not 
just the individuals and were dealt with by a complex system of 
familial sanctions. However, with increasing urbanization and 
monetarization of the economy, greater emphasis has been placed on the 
nuclear family, and the traditional methods of coping with family 
discord are breaking down. No government agency, including the police, 
has succeeded in replacing that extended family system or in addressing 
the issue of family violence directly.
    Incidents of spousal abuse, often of increasing severity, continue 
to rise. Effective prosecution of such offenses is rare. In many cases, 
the victim is pressured by family, is fearful of further assault, or is 
convinced that the police will not involve themselves actively in what 
is seen as a private family problem and decides against initiating 
legal charges. There are no laws against domestic abuse, and there are 
no governmental or private facilities to shelter and support women in 
abusive situations. The number of cases of physical and sexual assaults 
against women outside the family context also are growing. These 
assaults are perpetrated against both citizens and foreigners. 
Unmarried women sometimes are considered to have invited such violence 
by living or traveling alone.
    Women have equal rights under the law, and there are no cultural or 
institutional barriers to education and employment. Women receive equal 
pay for equal work and are well represented in the lower and middle 
ranks of government. Women are active and increasingly successful in 
private business and enterprises. A National Women's Advisory Council 
has been in existence since 1992, and several small nongovernmental 
groups are interested in women's issues, particularly those associated 
with spousal and family violence and abuse.
    Children.--The Government is committed to children's welfare 
through its programs of health care and education, but these activities 
have not been adequate to meet the needs of the country's sharply 
growing population in an environment in which the extended family is 
breaking down.
    A compulsory education law that requires all children begin school 
at the age of 6. Children may leave school when they reach the age of 
14 or after completing the eighth grade, whichever comes first.
    People With Disabilities.--Neither laws nor regulations mandate 
accessibility to public buildings and services for the disabled. 
Schools established special education classes to address problems 
encountered by those who exhibit learning disabilities, although such 
classes are completely dependent on outside funding sources.
    National/Racial/Ethnic Minorities.--The law prohibits noncitizens 
from purchasing land, and the national Congress grants citizenship to 
non-Micronesians only by individual acts (an authority exercised during 
1998, following a lapse of almost 20 years). However, for the most 
part, noncitizens share fully in the social and cultural life of the 
country.
Section 6. Worker Rights
    a. The Right of Association.--Under the Bill of Rights, citizens 
have the right to form or join associations, and national government 
employees by law may form associations to ``present their views'' to 
the Government. However, neither associations nor trade unions have 
been formed in this largely nonindustrial society. The country is not a 
member of the International Labor Organization.
    b. The Right to Organize and Bargain Collectively.--No law deals 
specifically with trade unions or with the right to collective 
bargaining. Individual employers, the largest of which are the national 
and state governments, set wages.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
specifically prohibits involuntary servitude, and there is no evidence 
of its practice. Children are not cited specifically in this 
prohibition, but forced and bonded labor by children is not known to 
occur.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--There is no law establishing a minimum age for employment 
of children. While in practice there is no employment of children for 
wages, they often assist their families in subsistence farming 
activities. A compulsory education law requires all children to begin 
school at the age of 6. Children may leave school when they reach the 
age of 14 or after completing the eighth grade, whichever comes first. 
Neither the Constitution nor the law specifically prohibits forced and 
bonded labor by children, but such practices are not known to occur 
(see Section 6.c.).
    e. Acceptable Conditions of Work.--The four state governments have 
established minimum wage rates for government workers. Pohnpei has a 
minimum hourly wage rate of $2.00 for government and $1.35 for private 
workers. The other three states have established minimum hourly rates 
only for government workers: $1.25 for Chuuk; $1.49 for Kosrae; and 
$0.80 for Yap. The minimum hourly wage for employment with the national 
Government is $1.68. These minimum wage structures and the wages 
customarily paid to skilled workers are sufficient to provide a decent 
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 workplace. The Department of Health has no enforcement 
capability; working conditions vary in practice.
    Two states permit foreign laborers to work in garment manufacturing 
enterprises. The foreign laborers are paid at a lower rate than 
citizens who work at the factories, work longer hours per day, and work 
a 6-day week in contrast to the 5-day week for citizens.
    There is no law for either the public or private sector that would 
permit workers to remove themselves from dangerous work situations 
without jeopardy to their continued employment. f. Trafficking in 
Persons
    The law does not specifically address the subject of trafficking in 
persons; however, there were no reports that persons were trafficked 
in, to, or from the country.
                                 ______
                                 

                                MONGOLIA

    Mongolia made further progress in its transition from a highly 
centralized, Communist-led state to a full-fledged, multiparty, 
parliamentary democracy, although the process continues to evolve and 
these gains still must be solidified. The Prime Minister is nominated 
by the majority party and, with the agreement of the President, is 
approved by the State Great Hural (Parliament), the national 
legislature. National progress in the development of democratic 
institutions was demonstrated by the unexpected June 1996 election 
defeat of the Mongolian People's Revolutionary Party (MPRP), which had 
been in power since 1921. The MPRP accepted its defeat and has entered 
into its role in opposition. There are 20 political parties, 4 of which 
hold seats in the Parliament. The judiciary is independent.
    Security forces are under civilian control, and the Minister of 
Defense is a civilian. The national police have primary responsibility 
for law enforcement. The military forces are responsible for external 
security, including border security. Reduced government spending 
continued to force downsizing of the military forces. The State 
Security Agency (SSA), formerly the Mongolian Central Intelligence 
Agency is responsible for internal security; its head has ministerial 
status and reports directly to the Prime Minister. A parliamentary 
committee oversees the military forces, the police, and the SSA. Some 
members of the police on occasion committed human rights abuses.
    Despite reforms in the 1990's, most large economic entities remain 
under state control; the Government had planned to privatize 60 percent 
of these entities by 2000. The economy continued to expand and 
strengthen, and inflation stayed below 10 percent. Mongolia remains a 
poor country with per capita income approximately $453 per year. It 
relies heavily on foreign economic assistance. The mainstays of the 
economy continue to be copper production and other mining, livestock 
raising, which is done by a majority of the rural population, and 
related food-, wool-, and hide-processing industries, which meet both 
local needs and produce goods for export. A growing trade and small 
entrepreneurial sector in the cities provides basic consumer goods. 
Garment manufacture and minerals, especially copper, constitute the 
bulk of export earnings. Lack of transportation and other 
infrastructure, legal and regulatory deficiencies, petty corruption, 
and a small domestic market discourage foreign investment.
    The Government generally respected the human rights of its 
citizens; however, problems remain in some areas. Members of the police 
at times beat prisoners and detainees. Pretrial detention and prison 
conditions are poor, and arbitrary arrest and detention are problems. 
There are restrictions on due process for persons arrested or suspected 
of crimes. Official harassment of some religious groups that sought to 
register persists. Violence against women is a serious problem; 
however, efforts to assist victims increased during the year. Child 
abuse also is a problem. There were some instances of forced labor.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political killings; however, it is suspected that the murder 
of the Minister of Infrastructure in October 1998 was politically 
motivated. Although the investigation is ongoing, the inability to 
solve this case has been a major problem for the democratic coalition 
Government.
    Approximately 200 prisoners died in custody during the year, 
largely due to disease and inadequate prison management (see Section 
1.c.).
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Although the Constitution forbids such practices and 
reports of such actions diminished, members of the police occasionally 
beat prisoners and detainees in the countryside, and unnecessary force 
in the arrest process is not uncommon. Reforms undertaken by the 
Ministry of Justice upon Parliament's recommendation, following reports 
by international human rights observers, have changed significantly the 
way that accused persons and prisoners are treated. The Ministry's 
Department for the Enforcement of Court Decisions now monitors 
conditions; however, the new laws and procedures have not been 
publicized widely, especially in the countryside, and citizens are not 
aware always of their rights with respect to detention and arrest.
    Pretrial detention and prison facilities are poor--including 
insufficient food and heat--and threaten the health of 
inmates.Different authorities administer the pretrial detention system 
and the prison system, which creates tensions between the two and 
limits management improvements. Many inmates entered prison already 
infected with tuberculosis or contracted it in prison. With the help of 
foreign donors, the prisons continued a 1997 program for surveying and 
treating tuberculosis among inmates, bringing the number of cases down 
by 1,500 in 2 years; the percentage of inmates who die of the disease 
also has decreased. Approximately 200 prisoners died in custody, 
largely due to disease and inadequate management by the authorities. 
Pretrial detention facilities, where suspects can be held for up to 36 
months, are often worse than the prisons and contribute significantly 
to the tuberculosis problem. Although the number of inmates has 
remained fairly constant, the seriousness of crimes has increased. 
Severe crowding in both prisons and detention facilities is common, 
aggravating management, health, and funding problems. To address these 
problems under the continuing reform process, prison inmates in the 
capital were divided into smaller groups managed by trained personnel 
and provided better clothing and food, as well as health and hygiene 
instructions. The much-publicized case of the detention of three 
Members of Parliament (M.P.'s) from April to July highlighted the harsh 
conditions of the detention facilities and served as a catalyst for 
releasing over 100 detainees held without adequate cause. Improvements 
in detention and prison conditions outside of the capital are 
significantly less or nonexistent due to lack of funding.
    The Government permits prison visits by human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
provides that no person shall be searched, arrested, detained, or 
deprived of liberty except by law, but these protections have not been 
codified fully, and arbitrary arrest and detention are problems. Under 
the Criminal Procedures Code, police may arrest those caught committing 
or suspected of a crime and hold them for up to 72 hours before the 
decision is taken to prosecute or release. A prosecutor must issue a 
warrant for incarceration of longer duration or when the actual crime 
was not witnessed. A detainee has the right to a defense attorney 
during this period and during any subsequent stage of the legal 
process. If a defendant cannot afford a private attorney, the State 
appoints an attorney. Detainees may be released on bail with the 
agreement of the prosecutor.
    However, citizens are not always aware of their rights in regard to 
arrest and detention (see Section 1.c.). When a new prosecutor general 
was appointed in June, with the pressure created by publicity 
surrounding the detention of three M.P.'s, the Government authorized 
the release of over 100 persons determined to have been detained 
unjustifiably for minor crimes (see Section 1.c.). The police may 
detain a suspect up to 10 months, and the prosecutor can authorize up 
to an additional 26 months of pretrial detention.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the courts are independent in practice.
    The court system consists of local courts, provincial courts, and 
the Supreme Court. The 17-member Supreme Court is at the apex of the 
judicial system, hearing appeals from lower courts and cases involving 
alleged misconduct by high-level officials. Local courts hear mostly 
routine criminal and civil cases; provincial courts hear more serious 
cases such as rape, murder, and grand larceny and also serve as the 
appeals court for lower court decisions. The Constitutional Court, 
separate from the criminal court system, has sole jurisdiction over 
constitutional questions. The General Council of Courts, an 
administrative body within the Ministry of Justice, nominates 
candidates for vacancies on both the Supreme and lower courts; the 
President has the power to approve or refuse such nominations. The 
Council also is charged with ensuring the rights of judges and 
providing for the independence of the judiciary.
    All accused persons are provided due process, legal defense, and a 
public trial, although closed proceedings are permitted in cases 
involving state secrets, rape cases involving minors, and other cases 
provided by law. Defendants do not enjoy a presumption of innocence. 
Defendants may question witnesses and appeal decisions. There were few 
complaints about the legal system to the local office of the U.N. High 
Commissioner for Human Rights (UNHCHR), because most citizens do not 
know about the organization. Complaints were usually about corruption 
that allegedly resulted in unfair court decisions. The UNHCHR staff 
referred the complaints to nongovernmental organizations (NGO's) and 
the Ministry of Justice.
    There were no reports of political prisoners. In a program that 
began in 1998, the State Rehabilitation Commission pays a one-time 
allowance to the families of those individuals who were persecuted from 
1922 through the 1960's. By year's end, approximately 5,000 families 
received payments of $1,000 (1 million tugrik) each.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides that the State shall not 
interfere with the private beliefs and actions of citizens, and the 
Government generally respects this in practice. The head of the SSA 
may, with the knowledge and consent of the Prime Minister, direct the 
monitoring and recording of telephone conversations. The extent of such 
monitoring is unknown.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech, press, and expression, and the Government generally 
respects these rights in practice. An increasing variety of newspapers 
and other publications represent major political party viewpoints as 
well as independent views. On January 1, a new media law went into 
effect that bans censorship of public information and also bans future 
legislation that would limit the freedom to publish and broadcast. This 
law also bars state ownership or financing of the media or media 
organizations. The law took effect without agreement on regulations and 
procedures for the privatization of assets, and its implementation was 
difficult and controversial. Lack of access to information and of 
transparency in government continue to inhibit political dialog in the 
media, and led to media complaints. Nonetheless, the independent media 
reports freely, and, unlike previous years, there were no attempts to 
manipulate the media by the Government.
    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 news media report difficulty 
securing an adequate supply. Due to transportation difficulties, uneven 
postal service, and fluctuations in the amount of newsprint available, 
access to a full range of publications is restricted in outlying 
regions.
    The court system places the burden of proof on the defendants in 
libel and slander cases. This creates a stifling effect upon the free 
media.
    There is a government-financed television station with countrywide 
broadcasting capability, a limited-operation international joint 
venture private television channel, a private television station, a 
local television station controlled by the Ulaanbaatar mayor's office, 
and several radio stations in Ulaanbaatar. State-owned radio is 
particularly important as the major source of news in the countryside, 
but the one independent radio station broadcasts widely. The media 
presents opposition and government news. Many residents of the country 
have access to television, and Ulaanbaatar residents receive broadcasts 
from China, Russia, Japan, the United Kingdom, France, Germany, the 
United States, and other countries by commercial satellite and cable 
television systems. An estimated 60 percent of households have 
television.
    The Government respects academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for these rights, and the Government respects them in 
practice.
    c. Freedom of Religion.--The Constitution provides for the right 
both to worship and not to worship, and the Government generally 
respects these provisions in practice; however some groups that sought 
to register faced official harassment. Although the Constitution 
explicitly recognizes the separation of church and State and the 
country has no official state religion, the Government has contributed 
to the restoration of several Buddhist sites. These are important 
religious, historical, and cultural centers. It does not subsidize the 
Buddhist religion in other ways.
    Although under the provisions of a 1993 law on relations between 
church and state, the Government may supervise and limit the numbers of 
both places of worship and clergy for organized religions, there are no 
reports that it has done so. However, religious groups must register 
with the Ministry of Justice. Proselytizing by registered religious 
groups is allowed, although a Ministry of Education directive bans the 
mixing of foreign language or other training with religious teaching 
orinstruction. Contacts with coreligionists outside the country are 
allowed.
    Religious groups reported bureaucratic obstacles but less 
harassment during the registration process. The application of the 
regulations for registration of religious groups and places of worship 
sometimes varied with locality. Groups that did not comply with the 
registration requirement were forced to close their offices and places 
of worship.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for freedom of 
movement within the country as well as the right to travel and return 
without restriction, and the Government generally respects these rights 
in practice.
    The country is not a party to the 1951 U.N. Convention Regarding 
the Status of Refugees and its 1967 Protocol and it has no laws for 
granting refugee status. The Constitution contains a provision that 
addresses political asylum, but there are no implementing regulations.
    The Government cooperates with the U.N. High Commissioner for 
refugees and other humanitarian organizations in assisting refugees in 
the small number of cases reported in which such status has been 
claimed. There were no reports of the forced expulsion of persons with 
a valid claim to refugee status.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government through periodic, free elections by secret ballot and 
universal suffrage. Presidential, parliamentary, and local elections 
are held separately. In July the Prime Minister and his Government were 
forced to resign by a vote of the parliamentary majority, and in a 
peaceful transition within the framework of the Constitution, a new 
prime minister and cabinet were selected. This was the fourth 
government of the democratic coalition elected in 1996. These political 
changes highlighted constitutional questions concerning the powers of 
the President as Head of State and the President's relationship to 
Parliament and the Government, particularly the power to approve the 
candidate for head of government as proposed by the majority party. 
These questions remain unresolved.
    There are 20 registered political parties; 4 are represented in the 
Parliament.
    Although there are no legal impediments to the participation of 
women or minorities in government and politics, women are 
underrepresented in the Government, with 8 female members in the 76-
member Parliament. In December 1998, Parliament approved the 
appointment of the first female minister, the Foreign Minister. Women 
and women's organizations are vocal in local and national politics and 
actively seek greater representation by women in government 
policymaking.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups operate without government 
restriction, investigating and publishing their findings on human 
rights cases. Government officials are generally cooperative and 
responsive to their views.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution states that ``no person shall be discriminated 
against on the basis of ethnic origin, language, race, age, sex, social 
origin, or status,'' and that ``men and women shall be equal in 
political, economic, social, cultural fields, and family.'' The 
Government generally enforces these provisions in practice.
    Women.--Violence against women is a serious problem. Although there 
are no reliable or exact statistics regarding the extent of such abuse, 
a wide range of qualified observers believe that it is common. After 
many years of government and societal denial, there is increasing 
public and media discussion of domestic violence, including spousal and 
child abuse. The large economic and societal changes underway have 
created new stresses on families, including loss of jobs, inflation, 
and lowered spending on social and educational programs. Some 
statistics show that over 70 percent of the cases of family abuse are 
related to alcohol abuse. The high rate of alcohol abuse has 
contributed to increased instances of family abuse and abandonment, and 
has added to the number of single-parent families, most of which are 
headed by women. Although women's groups advocate new statutesto cope 
with domestic violence, there is no known police or government 
intervention in cases involving violence against women beyond 
prosecution under existing assault laws after formal charges have been 
filed.
    However, the new family law which went into effect on July 1 
details rights and responsibilities regarding alimony and parents' 
rights to bring about timely dispute settlement and avoid the causes of 
some domestic violence. The National Center Against Violence made 
progress in providing hot line services, shelters, and conducting 
training for police on how to deal with domestic violence cases and 
began to expand its work outside the capital. Rape is illegal, and 
offenders can be prosecuted and convicted, but there is no law 
specifically prohibiting spousal rape.
    The Constitution provides men and women with equal rights in all 
areas and, both by law and practice, women receive equal pay for equal 
work and have equal access to education. Women represent about half the 
work force, and a significant number are the primary earners for their 
families. Many women occupy midlevel positions in government and the 
professions, and many are involved in the creation and management of 
new trading and manufacturing businesses. There is no government agency 
that oversees women's rights.
    There are approximately 36 women's rights groups that concern 
themselves with such issues as maternal and children's health, domestic 
violence and equal opportunity. The law prohibits women from working in 
certain occupations that require heavy labor or exposure to chemicals 
that could affect infant and maternal health. The Government enforces 
these provisions.
    Children.--Increased stress on the family structure and throughout 
society has had adverse effects on many children, and the Government 
has been unable to keep pace with the educational, health, and social 
needs of the most rapidly growing segment of its population. The 
Government provides children of both sexes with free, compulsory public 
education through the age of 16, although family economic needs and 
state budgetary difficulties make it difficult for some children to 
attend school. In addition there continues to be a severe shortage of 
teachers and teaching materials at all educational levels.
    The society has a long tradition of support for communal raising of 
children. The Government is now more willing to admit the extent of the 
problem of orphaned children, but it lacks the resources to improve the 
welfare of children who have become the victims of larger societal and 
familial changes. NGO's continue to assist orphaned and deserted 
children. Groups working in this field disagree on the number of street 
children; some report that the figure is 400 to 500, while others count 
all poor children who may or may not be homeless and estimate that it 
is as high as 2,000. The Government is committed in principle to 
children's rights and welfare, but it provides only minimal support for 
the few shelters and orphanages that exist; those facilities must turn 
to private sources to sustain their activities.
    The new family law, which took effect on July 1, increases the 
obligations regarding divorce, custody, and alimony to the benefit of 
the parent caring for children. It provides for more speedy resolution 
of divorce cases where the relevant agencies have determined that 
domestic violence is involved.
    There is growing awareness that child abuse, often associated with 
parental alcoholism, is a problem. In conjunction with efforts to 
counter violence against women, NGO's, have begun to address the issue.
    People with Disabilities.--There is no discrimination against 
disabled persons in employment and education, and the Government 
provides benefits to the disabled according to the nature and severity 
of 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 that hire the disabled, and 
some firms hire the disabled exclusively. There is no legislation 
mandating access for the disabled and, therefore, it is difficult for 
the disabled to participate fully in public life. Some disabled 
citizens groups are lobbying for higher government subsidies.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution entitles all workers 
to form or join union and professional organizations of their choosing. 
Union officials estimate that union membership dropped from 450,000 
persons in 1998 to 430,000, and now is less than half of the 
workforce.Union membership decreased due to restructuring and 
privatization of former state enterprises and as increasing numbers of 
workers either become self-employed or work at small, nonunionized 
firms. No arbitrary restrictions exist on who may be a union official; 
officers are elected by secret ballot.
    Union members have the right to strike. Those employed in essential 
services, which the Government defines as occupations critical for 
national defense and safety, including police, utility, and 
transportation workers, do not have the right to strike.
    Most union members are affiliated with the Mongolian Trade Unions 
Confederation, but some are affiliated with the newer Association of 
Free Trades Unions. Both organizations have ties with international 
labor organizations and confederations in other countries.
    b. The Right to Organize and Bargain Collectively.--The new labor 
law, which went into effect on June 1, defines conditions and regulates 
relations between employers, employees, the trade unions, and the 
Government, making adjustments for the changes in the structure of the 
economy. The Government's role is limited to ensuring that the contract 
meets legal requirements as to hours and conditions of work. Wages and 
other employment issues are to be set between the employer, whether 
state or private, and the employee, with trade union input, if 
appropriate. The new labor law also streamlines the process for dealing 
with labor conflicts.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law specifically 
prohibits forced or compulsory labor, including forced labor by 
children. The Government generally enforces this law; however, most 
members of the military forces are required to help with the fall 
harvest. In many cases, prisoners work to support the detention 
facility in which they are held, and detained alcohol abusers and petty 
criminals are sometimes required to perform menial tasks such as street 
sweeping.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits children under the age of 16 from 
working, although those who are 14 or 15 years of age may work up to 30 
hours per week with parental consent. Those under 18 years of age may 
not work at night, engage in arduous work, or work in hazardous 
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 compel immediate 
compliance with labor legislation, but enforcement is limited due to 
the small number of labor inspectors and the growing number of 
independent enterprises. Due to pressures of the economic transition, 
there are indications that fewer children are staying in school until 
age 18, especially in the countryside. The Government is aware of this 
development and, with foreign assistance organizations, it is 
monitoring such socioeconomic trends. The Government prohibits forced 
and bonded labor by children, and enforces this prohibition effectively 
(see Section 6.c.).
    e. Acceptable Conditions of Work.--According to the new labor law, 
the legal minimum wage ranges from under $13 (13,000 tugriks) in some 
regions to $17 (17,600 tugriks) per month in the capital. This level 
applies to both public and private sector workers and is enforced by 
the Ministry of Health and Welfare. The lowest wage is for manual 
labor, such as janitorial work; virtually all civil servants earn more 
than this amount, and many in private businesses earn considerably 
more. The minimum wage alone is insufficient to provide a decent 
standard of living for a worker and family.
    The standard legal workweek is 40 hours, and there is a minimum 
rest period of 48 hours between workweeks. For those under 18 years of 
age, the workweek is 36 hours, and overtime work is not allowed. 
Overtime work is compensated at either double the standard hourly rate 
or by giving time off equal to the number of hours of overtime worked. 
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 Health and Welfare 
provides enforcement. The near-total reliance on outmoded machinery and 
problems with maintenance and management lead to frequent industrial 
accidents, particularly in the mining, power, and construction sectors. 
Effective enforcement of occupational health and safety standards is 
difficult, but the Government increased the number of full-time 
inspectors to 86 to cover the growing number of small enterprises. 
According to the labor law, workers have the right to remove themselves 
from dangerous work situations and still retain their jobs.
    f. Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons; and there is evidence that Mongolian women and 
teenagers are working in the sex trade in Asia and Eastern Europe. The 
problem is beginning to attract increased attention, and debate on its 
legal and social aspects is underway.
                                 ______
                                 

                                 NAURU

    The Republic of Nauru, a small Pacific island with approximately 
10,500 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 Chief 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, although it does maintain a small police 
force (less than 100 members) under civilian control.
    The economy depends almost entirely on the country's declining 
phosphate deposits. Secondary reserves and residual mining may extend 
the productivity of its mines. The government-owned Nauru Phosphate 
Corporation (NPC) controls the mining industry. The Government places a 
large percentage of the NPC's earnings in long-term investments meant 
to support the citizenry after the phosphate reserves have been 
exhausted. The Governments of Nauru and Australia reached a $70.4 
million out-of-court settlement in 1993 for rehabilitation of the 
Nauruan lands damaged by Australian phosphate mining. Two new banks 
opened during the year. Media reports indicate that significant 
offshore deposits are associated with these new banking facilities. The 
Government is working with the Pacific Finance Technical Assistance 
Center (an International Monetary Fund facility based in Fiji) to 
update its banking regulations.
    Fundamental human rights are provided for in the Constitution, and 
the Government generally respected them in practice. There were no 
reports of specific human rights abuses, but in the traditional 
culture, women occupy a subordinate role, with limits on their job 
opportunities.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits these practices, and the 
Government respects these prohibitions in practice.
    The Government attempts to provide internationally accepted minimum 
prison conditions within its limited financial means and in accordance 
with local living standards. However, prison conditions are basic, and 
food and sanitation are limited. There are no local human rights 
groups, and the question of visits to prisons by human rights monitors 
has not been raised. Visits by church groups and family members are 
permitted.
    d. Arbitrary Arrest, Detention, or Exile.--The constitutional 
prohibition against arbitrary arrest and detention is honored. The 
police may hold a person for no more than 24 hours without a hearing 
before a magistrate.
    The Government does not practice forced exile.
    e. Denial of Fair Public Trial.--The judiciary is independent, 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. Contract workers from 
Kiribati and Tuvalu are employed predominantly in the mining sector and 
do not have recourse to effective communal assistance; they are 
particularly at a disadvantage in complaints against citizens. There 
are only two trained lawyers, and many people are represented in court 
by ``pleaders,'' trained paralegals certified by the Government.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution generally prohibits these abuses. 
Searches not sanctioned by court order are prohibited, and there is no 
surveillance of individuals or of private communications. Citizenship 
and inheritance rights are traced through the female line. Marriage 
between women and foreign males may still draw social censure. The law 
extends the right of citizenship--subject to approval by the NIC--to 
both male and female spouses, provided that marital and residency 
requirements are met.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of expression. News and opinion circulate freely, rapidly, and 
widely by the press and word of mouth. The country has no regular print 
media. Occasional publications include the government bulletin. The 
sole radio station is owned and operated by the Government; it 
broadcasts Radio Australia and British Broadcasting Corporation news 
reports. Local television includes Nauru TV, which is government owned, 
as well as a privately owned sports network.
    There are no prohibitions or restrictions on academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for these rights, and the Government respects them in 
practice. No permits are required for public meetings, and there are no 
limitations on private associations.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for these rights for 
citizens, and the Government respects them in practice.
    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.
    The Government cooperates with the office of the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees. No person in recent memory has applied for refugee 
status, and the Government has not formulated a formal policy regarding 
refugees, asylees, or first asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have, and exercise, the right to change their government. 
Although there are 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. There was a change in government 
in April, the seventh change in government in the past 3 years. All the 
changeovers were peaceful and in accordance with the Constitution. 
Voting by secret ballot is compulsory for all citizens over the age of 
20 for parliamentary elections. There have been multiple candidates for 
all parliamentary seats during recent elections. The approximately 
3,000 guest workers have no voice in political decisions.
    There are no legal impediments to participation in politics by 
women; however women are underrepresented in government and politics. 
There are no female Members of Parliament.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no restrictions on establishing local groups that concern 
themselves specifically with human rights, but to date none has been 
formed. No allegations have been made by outside organizations of human 
rights violations in the country, nor have there been any requests for 
investigations.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    Government policy prohibits discrimination on the basis of race, 
sex, religion, disability, language, or social status.
    Women.--The Government does not keep track of incidents of physical 
abuse against women. However, credible reports indicate that sporadic 
abuse, often aggravated by alcohol use, occurs. Families normally seek 
to reconcile such problems informally, and, if necessary, communally. 
The judiciary and the Government treat major incidents and unresolved 
family disputes seriously.
    Nauru law assures women the same freedoms and protections as men. 
The Government officially provides equal opportunities in education and 
employment, and women are free to own property and pursue private 
interests. However, in practice, societal pressures limit opportunities 
for women to exercise these rights fully. The Government has appointed 
a women's development officer to assist with the development of 
professional opportunities for women.
    Children.--The Government devotes considerable attention to the 
welfare of children, with particular stress on their health and 
educational needs. Education is compulsory until age 16. Child abuse 
statistics do not exist, but alcohol abuse sometimes leads to child 
neglect or abuse. The NIC treats child abuse as a serious communal 
matter. There were no reported cases of child abuse during the year.
    People with Disabilities.--There is no reported discrimination in 
employment, education, and the provision of state services to persons 
with disabilities. However, no legislation mandates access to public 
buildings and services for the disabled. The Government has assisted 
persons with disabilities by building access ramps to homes and 
workplaces and by purchasing office equipment adapted for persons with 
disabilities.
    National/Racial/Ethnic Minorities.--Non-Nauruan Pacific island 
workers experience some discrimination. While guest workers are 
provided free housing, the shelters they are given often are maintained 
poorly and overcrowded. In the past, some guest workers alleged that 
the police rarely act on complaints they made against citizens.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of citizens to form and belong to trade unions or other 
associations. However, the country has virtually no labor laws, and 
there are no trade unions. Past efforts to form unions were discouraged 
officially. The transient nature of the mostly foreign work force and 
the relative prosperity of the citizenry also have 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 during 
the year. Nauru is not a member of the International Labor 
Organization. There are no prohibitions or limits on the right of 
unions to affiliate with international bodies.
    b. The Right to Organize and Bargain Collectively.--While there are 
no legal impediments, collective bargaining does not take place. The 
private sector employs only about 1 percent of salaried workers. For 
government workers, public service regulations determine salaries, 
working hours, vacation periods, and other employment matters.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
forbids forced or compulsory labor, including forced and bonded labor 
by children, and the Government effectively enforces these 
prohibitions.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Education is compulsory until age 16; the law sets 17 as 
the minimum age of employment. The only two large employers, the 
Government and the NPC, honor this. Some children under the age of 17 
years work in the few, small, family-owned businesses. The Government 
prohibits forced and bonded labor by children and enforces this 
prohibition effectively (see Section 6.c.).
    e. Acceptable Conditions of Work.--Minimum wages exist for office 
workers and manual laborers and provide an adequate, if modest, 
standard of living. Most families live in simple but adequate housing, 
and almost every family owns some sort of motor vehicle. The Government 
sets the minimum yearly wage administratively for the public sector. 
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. Some noncitizen contract 
workers have complained about conditions in company living compounds. 
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 an emphasis on worker education and 
the use of safety equipment such as helmets, safety shoes, and dust 
respirators. The NPC has a safety officer who is specifically 
responsible for improving safety standards and compliance throughout 
the company.
    f. Trafficking in Persons.--The law does not specifically address 
trafficking; however, there were no reports that persons were 
trafficked in, to, or from the country.
                                 ______
                                 

                              NEW ZEALAND

    New Zealand is a parliamentary democracy, with executive authority 
vested in an 18-member cabinet led by a prime minister. Five seats in 
the 120-member Parliament are reserved for the native Maori minority 
population. The judiciary is independent.
    The 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 market-based 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. Tourism is also a significant 
sector of the economy, and niche industries are developing in such high 
technology sectors as software production. Disparities in wealth are 
small but increasing. Most citizens enjoy a comfortable standard of 
living.
    The Government generally respects the human rights of its citizens, 
and the law and judiciary provide effective means of dealing with 
instances of abuse. The Government has taken steps to address the 
problems of overcrowded prisons, violence against women, and societal 
discrimination against indigenous people and Pacific islanders. 
Trafficking in persons is a small but growing problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture and other forms of mistreatment, 
and the Government respects these prohibitions in practice.
    Prison conditions generally meet minimum international standards. 
The average inmate population during the year was 5,300, with a maximum 
capacity of 5,869. An additional 500 to 600 persons were in custody on 
remand at any one time. In response to complaints about overcrowding, 
the Government added 348 new prison cells in 1998. With the inmate 
population projected to increase to about 6,040 by 2002, the Government 
also announced plans to build three new contract-managed prisons by 
2003. The first of these, the Auckland Central Remand Prison, is under 
construction and scheduled to open in May 2000, with capacity for up to 
360 inmates. Conditions at older remand facilities in Auckland and 
Christchurch were a source of concern. In November a new 184-cell 
remand facility opened in Christchurch, in which each cell is equipped 
with its own toilet and shower. Addington prison (where slop buckets 
were used in place of toilets) was closed. An 80 percent recidivism 
rate within the first 24 months of release is the primary penal 
concern.
    Special issues exist concerning treatment of youth and Maori 
offenders. As of 1998, 18 percent of the total inmate population was 
under age 20. In February the Government announced plans to build seven 
youth units to segregate young inmates from adults, in an effort to 
reduce recidivism by juveniles. The first of the youth units contained 
17 beds and opened October 15. An additional 35-bed unit is scheduled 
to open in early 2000. Maori inmates constitute over half of the prison 
population, although Maori make up only 15 percent of the general 
population. During the year, three Maori ``focus units'' opened in the 
prison system, which integrate Maori values into the rehabilitation 
program. A special program for sex offenders, ``kia marama,'' has 
halved the rate of recidivism among those who participate. Higher Maori 
suicide rates are also a concern, but the most recent data indicate a 
declining suicide rate in the entire prison population and among Maori 
inmates. There were eight suicides in custody during 1998-99. Over 98 
percent of prison officers are trained in suicide awareness. Assaults 
in custody (mostly inmate on inmate) also declined from 113 to 97 in 
1998-99.
    The Government permits prison visits by human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest, detention, or exile, and the Government observes 
these prohibitions.
    e. Denial of Fair Public Trial.--The law provides for an 
independent judiciary, and the Government respects this provision in 
practice. The judiciary provides citizens with a fair and efficient 
judicial process.
    There is an impartial judiciary, with the right of appeal to the 
Privy Council in London, although this option rarely is invoked. Within 
the country, the Court of Appeal is the highest appellate court, and it 
determines appeals from the High Court, which has original jurisdiction 
for major crimes and important civil claims. The High Court also 
handles appeals from lower courts and reviews administrative actions. 
Remaining original jurisdiction rests with 110 judges of the district 
courts. Special courts include: The Employment Court; family courts; 
youth courts; Maori Land Court; Maori Appelate Court; and the 
Environment Court.
    The law provides for the right to a fair trial, and the judiciary 
implements this provision.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law prohibits such practices, government 
authorities respect these prohibitions, and violations are subject to 
effective legal sanction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The law provides for freedom of 
speech and of the press, and the Government respects these rights in 
practice. An independent press, an effective judiciary, and a 
functioning democratic political system combine to ensure freedom of 
speech and of the press.
    During the year the nongovernmental Human Rights Commission noted 
an unusually high number of complaints about restrictions on free 
speech, often from persons who suggested that their views were censored 
because they were not ``politically correct.'' For example the Auckland 
City Council's refusal to publish in its newsletter a column critical 
of the 1999 Asia Pacific Economic Cooperation summit hosted by New 
Zealand drew criticism.
    Academic freedom is not limited.
    b. Freedom of Peaceful Assembly and Association.--The law provides 
for these rights, and the Government respects them in practice.
    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for these rights, and 
the Government respects them in practice.
    The Government cooperates with the U.N. High Commissioner for 
Refugees (UNHCR) and other humanitarian organizations in assisting 
refugees. Under its own refugee quota, the Government accepts up to 750 
UNHCR-approved refugees per year. During the year, the Government 
supplemented its quota by pledging to accept up to 600 Kosovar Albanian 
refugees for family reunification. There were no reports of the forced 
expulsion of persons with a valid claim to refugee status.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The law provides citizens with the right to change their government 
peacefully, and citizens exercise this right in practice through 
periodic, free, and fair elections held on the basis of universal 
suffrage. Parliamentarians are elected under a mixed-member 
proportional representation system, and general elections were held in 
November.
    Women and minorities are accorded full opportunity to participate 
in political life, but are underrepresented in government. In the 120-
member Parliament, 36 seats are held by women; 16 by Maori; 3 members 
are of Pacific Island origin; and 1 is of Asian heritage. The Executive 
Council has 26 ministers (20 within the Cabinet and 6 outside the 
Cabinet) including 11 woman (one of whom is the Prime Minister), 4 
Maori, and 1 Pacific Islander. The Cabinet has seven women, two Maori, 
and one Pacific Islander.The Prime Minister, the opposition leader, and 
the Chief Justice are women.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of domestic and international nongovernmental 
organizations (NGO's) operate without government restriction, 
investigating allegations and publishing their findings on human rights 
cases. Government officials are cooperative and responsive to the views 
of these human rights groups. The Human Rights Commission, a U.N.-
accredited national human rights institution, investigates complaints 
of human rights violations and unlawful discrimination and acts as a 
conciliator. There is also a governmental race relations conciliator.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The law prohibits discrimination on the basis of these factors, and 
the Government effectively enforces it. The 1993 Human Rights Act 
prohibits discrimination on grounds of sex, marital status, religious 
belief, ethical belief, color, race, ethnic or national origins, 
disability, age, political opinion, employment status, and family 
status.
    Women.--Violence against women is a major problem that cuts across 
all socioeconomic groups. A 1997 government-sponsored academic survey 
indicated that 1 woman in 16 was likely to be sexually assaulted each 
year and that 35 percent of men have abused a female partner physically 
at some time in their lives. It found that Maori and Pacific Islander 
women were particularly at risk and that multiple, violent 
victimization in these communities was common. In 1998 5,054 men were 
prosecuted for domestic assault, and 1,000 more face less serious 
family violence charges.
    The law penalizes spousal rape. The Government convicted 
individuals on this charge during the year. The National Collective of 
Rape Crisis groups, a private, nonprofit organization, claimed that the 
majority of cases go unreported each year and that, of the cases that 
go to the police, only 10 to 15 percent end in convictions. The group 
reported that husbands and boyfriends commit about 25 percent of all 
sexual assaults.
    The Domestic Violence Act, which came into effect in 1996, 
broadened the definition of violence to include psychological abuse, 
threats, intimidation, harassment, and allowing children to witness 
psychological abuse. It expanded intervention measures, such as the use 
of protection orders; education programs for men, women, and children; 
stronger police powers to arrest and detain offenders; improved access 
to legal services for women eligible for legal aid; and tougher 
penalties for breach of a protection order.
    The Government's strategy to prevent family violence included a 
range of objectives such as providing victim support, incorporating 
successful innovations and proven methods from family violence centers 
into the national family violence programs (that is, the promotion of 
``best practice''), ensuring safety from violence, and implementing 
Maori-designed and delivered programs. The Government partially funded 
women's refuges, rape crisis centers, sexual abuse counseling, family 
violence networks, and violence prevention services.
    Prostitution is legal, although organizing and recruiting women 
into prostitution is outlawed. There were reports of abuse and the 
involuntary detention of women involved in prostitution during the year 
(see Section 6.f.).
    While the law prohibits discrimination in employment and in rates 
of pay for equal or similar work, government documents acknowledge that 
in practice a gender earnings gap persists. Many statistics show that 
women earn 81 percent of men's average ordinary hourly wage, a rate 
that has been fairly static over the last decade. A 1997 report by the 
New Zealand Institute of Economic Research indicated that the gender 
pay gap was unlikely to narrow over the next 5 years based on current 
industry trends. The Council of Trade Unions has launched a campaign to 
achieve equal pay in the work force. Effective legal remedies are 
available for women who experience discrimination.
    Children.--The law provides specific safeguards for children's 
rights and protection. The Government demonstrates its commitment to 
children's rights and welfare through its well-funded systems of public 
education and medical care.
    Female genital mutilation (FGM), which is widely condemned by 
international health experts as damaging to both physical 
andpsychological health, traditionally was not practiced. It is illegal 
to perform FGM or to make arrangements for a child to be taken outside 
the country in order to perform it. The Government has been concerned 
due to a continuing increase in arrivals in the immigrant communities 
most likely to practice FGM, that is, Somali, Sudanese, and Ethiopian 
immigrants. A national FGM awareness campaign organized workshops and 
distributed educational materials in the African refugee communities in 
1998 and 1999.
    While no societal pattern of abuse of children exists, the 
Government recognizes the problem of violence within the family. Both 
government-sponsored and charitable organizations work to prevent child 
abuse in the home.
    People with Disabilities.--The law prohibits discrimination against 
people with disabilities in employment, education, and the provision of 
other state services. Compliance with access laws, mandated by the 
Human Rights Act and the Disabled Persons Community Welfare Act, varies 
as business owners and others strive to make necessary adaptations. The 
Government has not complied fully with equal access laws prohibiting 
discrimination on the basis of disability in areas such as public 
transportation and public accommodation. Under legislation that became 
effective on October 1, the Government extended its exemption from 
nondiscrimination laws for 2 more years, which means that it does not 
have to comply with equal access laws for the disabled until January 1, 
2001. In the interim, the Minister of Justice is required to report 
semiannually on public sector compliance with equal access laws.
    Indigenous People.--Approximately 15 percent of the population 
claim at least one ancestor from the country's indigenous Maori or 
Moriori minorities. While the law prohibits discrimination against the 
indigenous population, a 1999 government report noted the continuing 
disproportionate number of Maori included on the unemployment and 
welfare rolls, among the prison population, among school dropouts, in 
infant mortality statistics, and among single-parent households. For 
example the official Maori unemployment rate (19 percent) is over three 
times that for non-Maori. Similarly Maori inmates account for over 50 
percent of the prison population. Government policy recognizes a 
special role for indigenous people and their traditional values and 
customs, including cultural and environmental issues that have an 
effect on commercial development. The Ministry of Maori Development, in 
cooperation with several Maori NGO's, seeks to improve the status of 
indigenous people. A special tribunal continues to hear Maori tribal 
claims to land and other natural resources stemming from the 1840 
Treaty of Waitangi.
    National/Racial/Ethnic Minorities.--Pacific Islanders, who make up 
5 percent of the population, are not an indigenous people, but they 
experience difficulties similar to Maori.
Section 6. Worker Rights
    a. The Right of Association.--Workers have the right to establish 
and join organizations of their own choosing. The principal labor 
organization is the New Zealand Council of Trade Unions. A second, 
smaller national labor federation, the New Zealand Trade Union 
Federation, was established in 1993. There are also a number of 
independent labor unions.
    Labor organization is rudimentary in the territory of Tokelau 
(population 1,800) and in the Freely Associated State of Niue 
(population 2,000). In the more developed Associated State of the Cook 
Islands (population 18,000), most workers in the public sector, the 
major employer, belong to the Cook Islands Workers' Association, an 
independent local union inspired by New Zealand models. Industrial 
relations in the Cook Islands are governed by a simplified version of 
older national legislation.
    The law protects unions from governmental interference, suspension, 
and dissolution. Unions, in fact, influence legislation and government 
policy. Some unions are affiliated with the Labor Party; others operate 
independently of political parties; all are free to support parties 
whose policies they favor. Unions often exercise the right to strike, 
although this right is limited to strikes related to the negotiation of 
a collective contract.
    The Council on Trade Unions reported 35 work stoppages in 1998 
involving over 15,200 workers and the loss of approximately $1 million 
($NZ 1.9 million) in wages. Of these 19 involved the public sector and 
16 involved the private sector. As of October, work stoppages occurred 
at a similar pace, including major disruptions involving teachers and 
pilots of the country's secondairline, Ansett NZ. 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,'' that is, all uniformed and plainclothes police but 
excluding clerical and support staff, are barred from striking or 
taking any form of industrial action. However, police, have freedom of 
association and the right to organize and to bargain collectively. 
Issues that cannot be settled by negotiation between the Police 
Association and management are subject to compulsory, final-offer 
arbitration.
    A committee of the International Labor Organization (ILO) ruled 
that the Employment Contracts Act of 1991 limits the right of freedom 
of association and the right to strike in a manner inconsistent with 
ILO conventions. The Labor-led Government, which came to power in 
December, has pledged to abolish it.
    Unions can affiliate internationally. The New Zealand Council of 
Trade Unions is affiliated with the International Confederation of Free 
Trade Unions.
    b. The Right to Organize and Bargain Collectively.--The law 
provides for the right of workers to organize and contract 
collectively, and this right is observed in practice. An ILO committee 
ruled that the 1991 Employment Contracts Act limits the right to 
bargain collectively. The law prohibits uniformed members of the armed 
forces from organizing unions and bargaining collectively.
    Unions represent fewer than a quarter of all wage earners. Under 
the Employment Contracts Act, employment relationships are based on 
contracts. Individual employees and employers may choose to conduct 
negotiations for employment contracts on their own behalf, or they may 
authorize any other person or organization to do so on their behalf. 
Although choosing a union is entirely voluntary, unions have remained 
the most common agents used by workers to negotiate with employers. 
Employers must recognize a representative authorized by an employee or 
employees. However, neither employers nor employees are required to 
negotiate or to agree to a contract. Decisions by the Court of Appeals 
during the year emphasized the parties' freedom to contract to such an 
extent that union officials believe that it undermines work conditions.
    The Government does not control mediation and arbitration 
procedures. The Employment Court hears cases arising from disputes over 
the interpretation of labor laws. A less formal body, the employment 
tribunal, is available to handle wage disputes and assist in 
maintaining effective labor relations. Firing an employee for union 
activities is grounds for a finding of unjustified dismissal and may 
result in reinstatement and financial compensation.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including forced and bonded labor by 
children. Inspection and legal penalties ensure respect for the 
provisions. However, there were reports of the involuntary detention of 
women involved in prostitution, and in October, in what appears to be 
an isolated case, seven Thai women were freed from slave labor 
conditions in an Auckland factory (see Sections 5 and 6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Government prohibits forced and bonded child labor and 
enforces this prohibition effectively (see Section 6.c.). Department of 
Labor inspectors effectively enforce a ban on the employment of 
children under the age of 15 years 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, compulsory education ensures that children 
under the minimum age for leaving school (16 years) are not employed 
during school hours. By law children enrolled in school may not be 
employed, even outside school hours, if such employment would interfere 
with their education.
    e. Acceptable Conditions of Work.--The law provides for a minimum 
3-week annual paid vacation and 11 paid public holidays. A 40-hour 
workweek is traditional, but under the Employment Contracts Act 
employers and employees may agree to longer or shorter workweeks. While 
the law does not provide specifically for a 24-hour rest period weekly, 
management and labor accept the practice, and it is the norm. The 
government-mandated hourly minimum wage of approximately $3.50 ($NZ 
7.00) 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 generally adequate to provide a decent standard 
of living for a worker and family. In 1994 a 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. The current youth 
minimum wage of approximately $2.10 ($NZ 4.20) applies to workers ages 
16 to 19.
    An extensive body of law and regulations govern health and safety 
issues, notably the 1992 Health and Safety in Employment Act. 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. 
However, the New Zealand Council of Trade Unions has criticized the 
act, 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 Labor inspectors enforce 
safety and health rules, and they have the power to shut down equipment 
if necessary. The Department of Labor 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.
    f. Trafficking in Persons.--The law does not address trafficking in 
persons specifically, and the applicable related crime, aiding and 
abetting breach of immigration regulations, carries relatively light 
penalties. Laws against child sexual exploitation and slavery carry 
penalties of up to 14 years in prison and recently have been used to 
prosecute citizens working with foreign prostitutes. However, 
prostitution is legal.
    Trafficking in women and children largely from Thailand for the sex 
industry is a small but growing problem. In addition in October seven 
Thai women were freed from slave labor conditions in an Auckland 
factory (see Sections 5 and 6.c.).
                                 ______
                                 

                                 PALAU

    Formerly a United Nations trusteeship administered by the United 
States, Palau became an independent nation in free association with the 
United States on October 1, 1994. Under the Compact of Free 
Association, the United States is responsible for the Republic of 
Palau's defense. An archipelago of more than 300 islands in the Western 
Pacific, Palau has a total land area of 188 square miles and is 
organized politically into 16 states. More than two-thirds of its 
approximately 18,000 population resides in or near the temporary 
capital, Koror.
    The democratically elected government is modeled after that of the 
United States. The Constitution provides for free and fair elections, 
executive and legislative branches, and an independent judiciary. The 
legislature, the Olbiil Era Kelulau, is composed of two equal houses, 
the 14-member Senate and the 16-member House of Delegates. The 
judiciary is independent.
    Palau has no security forces other than local police and civilian 
law enforcement personnel, all are under the firm control of civil 
authorities. Palau also has a Marine Law Enforcement Division that 
patrols its borders with assistance from the Australian Government.
    With a household median income of over $12,000, Palau is a medium 
income country with a small, market-based economy largely sustained by 
transfer payments from the United States. The Government employs nearly 
half of the work force. Tourism and other service sectors account for 
most other paid employment. Tuna, harvested by foreign-operated fleets, 
is the dominant export. Several small-scale operations, employing 
foreign workers, assemble clothing from imported materials for export. 
Traditional subsistence agriculture and fishing is diminishing as 
people move to the city in search of employment. Also an increasing 
number of Chinese farmers operate vegetable farms that compete with 
indigenous farmers; most indigenous farmers are work and sell what they 
produce from their own land.
    The Government generally respected the human rights of its 
citizens, and the law and judiciary provide effective means of dealing 
with individual instances of abuse. Traditional customs sustain a value 
system that distinguishes between people on the basis of social status 
and sex. The loosening ties of the extended family and the increasing 
abuse of alcohol and other drugs are major contributing factors that 
lead to instances of domestic violence and child neglect. Societal 
discrimination against certain foreign workers, who account for nearly 
30 percent of the population and 46 percent of the paid work force, is 
also a serious problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits such practices, and there were 
no reports that officials employed them.
    In April the special prosecutor filed charges against a police 
officer involving 11 counts, including assault and misconduct in public 
office, for threatening a former girlfriend in March. The police 
officer was given a sentence of 7 years.
    Prison conditions meet minimum international standards, and the 
Government permits visits by human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest, detention, or exile, and the Government 
observes these prohibitions.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government respects this provision in 
practice.
    The judiciary comprises the Supreme Court, the National Court, and 
the Court of Common Pleas. The President appoints judges to the Supreme 
Court and National Court from a list recommended by the Judicial 
Nominating Commission. Appointments are for life.
    The Government has an independent special prosecutor and an 
independent public defender system. The Constitution provides for the 
right to a fair trial, and an independent judiciary vigorously enforces 
this right.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, government 
authorities generally respect these prohibitions, and violations are 
subject to effective legal sanction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government respects these 
rights in practice. An independent press, an effective judiciary, and a 
functioning democratic political system combine to ensure freedom of 
speech and of the press.
    Academic freedom is respected.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for these rights, and the Government respects them in 
practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for these 
rights, and the Government respects them in practice.
    The Government has not formulated a policy regarding refugees, 
asylees, or first asylum, and government practice remains undefined. 
However, there were no reports of the forced expulsion of anyone having 
a valid claim to refugee status.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right in practice 
through periodic, free, and fair elections held on the basis of 
universal suffrage.
    There are no legal impediments to women participating in government 
and politics; however, women are severly underrepresented in 
government. As a result of the 1996 general elections, a woman gained a 
Senate seat for the first time. Women hold office in 10 of the 16 state 
legislatures, where they constitute 7 percent of the membership.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government has a history of openness to a variety of human 
rights groups without restriction. Government officials have met with 
representatives of these groups and foreign officials regarding the 
civil rights of foreign minority workers. Government officials 
generally are cooperative and responsive to their views. The Palau Red 
Cross Society opened its office in 1996; having satisfied all 
requirements, the Society has applications pending for full membership 
in the International Federation of Red Cross and Red Crescent 
Societies.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination on the basis of sex, 
race, place of origin, language, religion or belief, social status, or 
clan affiliation, and the Government generally respects these 
provisions.
    Women.--There are occasional allegations of violence against women, 
mainly domestic abuse. Alcohol and other drug abuse increasingly 
contribute to this problem. According to the Attorney General's office, 
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 be unreported. Although assault is a criminal offense, 
women are reluctant to prosecute their spouses.
    The inheritance of property and of traditional rank is matrilineal, 
with women occupying positions of importance within the traditional 
system. Women serve by presidential appointment as bureau directors for 
women's interests, human resources, and clinical services. There were 
no reported instances of unequal pay for equal work or sex-related job 
discrimination.
    The sixth annual Women's Conference was held on March 24-25. The 
Conference's theme focused on children and families. Panel participants 
included government ministers, and issues discussed included health, 
education, drug abuse, prostitution, and traditional customs and 
values.
    Children.--The Government demonstrates its strong commitment to 
children's rights and welfare through its well-funded systems of public 
education and medical care. There is no societal pattern of abuse 
directed against children. Child prostitution is neither accepted 
within the culture nor practiced. There is no difference in the 
treatment of girls and boys in educational opportunities, or in the 
availability of scholarships to attend postsecondary education abroad. 
Girls and boys receive equal treatment in health care services.
    Child abuse is thought to be uncommon, and there have been few 
child abuse prosecutions. While children's rights generally are 
respected, there were reports of several instances of child neglect, 
which is a byproduct of the breakdown of the extended family.
    Both panel members and other participants at the sixth Women's 
Conference agreed that although education and drug abuse had been 
discussed since the first Women's Conference, little has changed to 
improve the education system or reduce drug abuse among youth.
    People With Disabilities.--The National Code includes a Disabled 
Persons Antidiscrimination Act and a Handicapped Children Act. No 
instances of discrimination against the disabled were reported. 
Building codes and legislation do not require access for the disabled. 
The public schools have established special education programs to 
address problems encountered by those with disabilities.
    National/Racial/Ethnic Minorities.--Non-Palauans are prohibited 
from purchasing land or obtaining citizenship. The rapid increase in 
the number of foreign workers, who now constitute nearly 30 percent of 
the population and 46 percent of the work force, is viewed negatively 
by a majority of citizens. Foreign residents are subject to some forms 
of discrimination and are targets of petty, and sometimes violent, 
crimes, as well as other random acts against person and property. 
Credible complaints are made by foreign residents that crimes against 
non-Palauans are not pursued or persecuted by authorities with the same 
vigor as crimes against citizens. Certain foreign nationalities 
experience generalized discrimination in employment, pay, housing, 
education, and access to social services, although such discrimination 
is prohibited by law. While precise data is lacking, there continue to 
be anecdotal reports about abuse of workers' civil rights perpetrated 
against domestic helpers, bar girls, construction laborers, and other 
semiskilled workers, the majority of whom are from the Philippines, 
China, and Bangladesh. The most common abuses identified are 
misrepresentation of contract terms and conditions of employment, 
withholding of pay or benefits, and, sometimes, physical abuse. In a 
number of instances, local authorities have taken corrective action 
when alerted by social service and religious organizations to which 
foreign workers have turned for assistance. Nonetheless, foreign 
workers often are reluctant to seek legal redress for fear of losing 
their employment and, thus, permission to remain in the country.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution provides for the 
right of all persons to assemble peacefully or to associate with others 
for any lawful purpose, including the right to organize and to bargain 
collectively. There are no active employee organizations.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution does not provide for the right to strike, and the 
Government has not addressed this issue. There is no legislation 
concerning collective bargaining or trade union organizations, although 
there are no legal impediments to either. Wages in the cash economy are 
determined by market factors.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits slavery or involuntary servitude except to punish crime. The 
law does not prohibit specifically forced and bonded labor by children, 
but such practices are not known to occur. Instances were reported of 
foreign workers, especially domestic helpers and unskilled laborers, 
who were forced to do jobs different from those for which they were 
recruited. The freedom of foreign workers to leave employment 
situations not to their liking may be hindered by physical barriers or 
the withholding of passports and return tickets to their country of 
recruitment.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Constitution states that the Government shall protect 
children from exploitation, and children are protected by the general 
constitutional prohibition against forced and bonded labor (see Section 
6.c.). There is no minimum age for employment. Children typically are 
not 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 between 6 and 17 years of 
age, and the Government generally enforces this law. By regulation no 
foreigner under the age of 21 may be admitted into the country for 
employment purposes.
    e. Acceptable Conditions of Work.--In July 1998, Palau passed its 
first minimum wage law. The law sets the minimum wage at $2.50 per 
hour, effective January 1; foreign workers are exempt from the minimum 
wage law. This amount appears to be sufficient, given the level of 
economic development, to provide a worker and his family with a decent 
standard of living. Anecdotal evidence indicates that unskilled workers 
for commercial firms are paid only $1.50 to $2.00 per hour. However, 
foreign workers usually are provided, in addition to their wages, with 
basic accommodations and food at no or nominal cost. Although these 
wages are low, the country continues to attract large numbers of 
foreign workers from the Philippines, China, and Bangladesh. There are 
more than 6,000 foreign nationals with work permits in the country, 
two-thirds from the Philippines.
    As the number of foreign workers increases, there continue to be 
increasing numbers of reports of mistreatment of such workers by their 
employers. These incidents of alleged mistreatment are common knowledge 
among the general public but rarely are reported to law enforcement 
authorities by the foreign workers themselves due to fear of their 
employers. Some types of mistreatment that foreign workers consistently 
complain about are: Physical and verbal abuse; working overtime and on 
days off without pay; withholding monthly salary; deductions from 
salary for the amount of airfare; and substandard housing. Some workers 
also complained that they are not given enough food. The foreign 
workers most likely to be abused are those who work under contracts and 
earn between $100 and $300 a month as domestic helpers, construction 
workers, farmers, waitresses, beauticians, and hostesses in karaoke 
bars and massage parlors. Under the terms of their contracts, they also 
are to be provided room and board and air travel from their home 
country to Palau and back after the termination of their contracts. It 
generally is assumed that legislators specifically exempted contract 
workers in the 1998 minimum wage bill to ensure a continued supply of 
low cost labor in industries that the legislators often control.
    There is no legislation concerning maximum hours of work, although 
most businesses are closed on either Saturday or Sunday. The Division 
of Labor has established some regulations regarding conditions of 
employment for nonresident workers. The Division may inspect the 
conditions of the workplace and employer-provided housing on specific 
complaint of the employees, but actual enforcement is sporadic; working 
conditions vary in practice. No legislation specifically gives workers 
the right to remove themselves from situations that endanger their 
health or safety without jeopardy to their continued employment, and no 
legislation protects workers who file complaints about such conditions.
    f. Trafficking in Persons.--The Constitution prohibits trafficking 
in persons, and there are no reports that persons were trafficked in, 
to, or from the country.
                                 ______
                                 

                            PAPUA NEW GUINEA

    Papua New Guinea (PNG) comprises some 1,000 tribes and over 800 
distinct languages in a population of about 4 million. It has a federal 
parliamentary system, based on universal adult suffrage with periodic 
free and fair elections, and has an independent judiciary.
    The Government has constitutional authority over the Defense Force 
(PNGDF), the Royal Papua New Guinea Constabulary (RPNGC), and 
intelligence organizations. Members of the police force committed 
serious human rights abuses.
    The economy relies heavily on the export of minerals, hydrocarbons, 
tropical timber, and tree crops such as coffee, cocoa, and copra. The 
value of the national currency fell, prices rose sharply, and many 
government services were underfunded as a result of poor commodity 
prices abroad and economic mismanagement at home. This in turn 
exacerbated the already high crime rate. Approximately 85 percent of 
the population resides in isolated villages and engages in subsistence 
and smallholder agriculture. For a majority of citizens, income and 
educational levels are low and infant and maternal mortality rates are 
high.
    The Government continued to be responsible for human rights abuses. 
Police committed extrajudicial killings, beat suspects, and engaged in 
excessively punitive and violent raids. The Government on occasion 
investigated allegations of abuse and prosecuted those believed 
responsible. Prison conditions in several areas continued to be poor. 
Court understaffing reduced court sittings and increased pretrial 
detention periods for many persons. Police infringed on citizens' 
privacy rights. The Government continued to limit freedom of assembly 
in the form of marches or demonstrations, and imposed some restrictions 
on freedom of movement. Extensive violence and discrimination against 
women are problems, and abuse of children appears to be growing. 
Discrimination against the disabled persists, and violence between 
tribes remains a serious problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Several instances of 
killing by police were reported during the year. According to police 
reports, most occurred during gunfights with criminal suspects who were 
resisting arrest. However, in at least one case in Port Moresby, family 
members told the press that their relative was shot in both knees after 
he surrendered and left to bleed to death. They offered a post mortem 
as evidence.
    All police shootings are investigated by the police department's 
internal affairs office and reviewed by a coroner's court. If the court 
finds that the shooting was unjustifiable or due to negligence, the 
police officers involved are tried. Families of persons killed or 
injured by police in such circumstances also may challenge the 
coroner's finding in the National Court, with the assistance of the 
Public Solicitor's Office.
    Cases of accidental shootings of bystanders by police during police 
operations are also investigated and reviewed by a coroner's court. 
Such a case was initiated in the western highlands where police shot 
and killed a man who they said charged them when they went to 
investigate reports of hijacking on the main highway. The man's family 
contends that he was mentally disabled and not part of the criminal 
activity. In May police reportedly killed a child during a raid on 
cargo cultists (see Section 1.c.).
    No human right violations were reported in connection with military 
operations during the year. However, although four soldiers suspected 
of complicity in the killing of Bougainville Transitional Government 
Premier Theodore Miriung in 1996 were questioned by police, no arrests 
were made and no further progress has been reported.
    There were occasional instances of mob violence. In September a 17-
year-old who was believed to have participated in the armed robbery of 
the college canteen was caught and beaten to death by residents on the 
grounds of the police training college. In November police reported 
that villagers in Kerowagi district, Chimbu province, threw three 
fellow villagers who were ill with AIDS into the Wahgi River, where 
they drowned.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution forbids torture and other cruel or 
degrading treatment or punishment; however, police often beat suspects 
during arrests and allowed members of the public to beat suspects as 
well. During the year, policemen in three different localities were 
charged with soliciting sex from or raping female detainees.
    Although police policy continued to emphasize good community 
relations and showed results in several communities during the year, 
police in other areas destroyed houses and other property in the course 
of poorly controlled raids that employed excessive force. For example, 
in May in the course of a raid on cargo cultists who were reported to 
be extorting money from the community police burned nearly 80 houses 
and their contents in 2 villages in the highlands of Gulf Province. 
During the raid, a child was reported killed (see Section 1.a.) and a 
man was paralyzed. Police management investigated, but there was no 
report of further action. In September when unlicensed street vendors 
resisted a cleanup raid, Port Moresby police burned their equipment and 
stock, eliciting a warning from the Chief Justice that such actions may 
have violated the vendors' constitutional rights.
    Prison conditions are poor. The prison system suffers from serious 
underfunding, which results in the deterioration of infrastructure and 
poor delivery of services. Three prisons in which conditions were 
previously described as ``life threatening'' remained closed because of 
unsanitary conditions; prisoners in some of those areas are confined in 
crowded conditions in police stations. Some prisons, particularly those 
in urban areas, are seriously overcrowded. Prison guards' living 
conditions are as poor as those of the prisoners. During the year, 
there were several prison breaks and, at the new year, the Government 
released 141 nonviolent offenders to relieve the overcrowding. 
Overcrowding is exacerbated in rural areas by infrequent court sessions 
and bail restrictions for certain crimes (see Section 1.d.).
    The Government permits prison visits by human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The courts generally 
enforce constitutional protections against arbitrary arrest and 
detention. In 1994 the Supreme Court found unconstitutional portions of 
the 1993 Internal Security Act which were inconsistent with due process 
provisions of the Constitution. Under 1993 amendments to the Bail Act 
and the Criminal Code, only National or Supreme Court judges may grant 
bail to persons charged with willful murder or aggravated robbery. In 
all other cases, the police or magistrates may grant bail. Suspects who 
are arrested have the right to legal counsel, to be informed of the 
charges against them, and to have their arrests subjected to judicial 
review.
    Due to limited police and judicial resources and a high crime rate, 
suspects often are held in pretrial detention for a long time, 
particularly in rural areas. Pretrial remand is subject to strict 
judicial review through continuing pretrial consultations, especially 
at the National Court level. Nonetheless cases are frequently delayed 
for months awaiting results of police investigations. Also circuit 
court sittings were infrequent because of a shortage of judges and 
budget difficulties, delaying both the trial process and the rendering 
of decisions. Some detainees have been held in jail for as long as 2 
years because of the shortage of judges. An increase in the number of 
full-time judges, which was granted in September, is expected to 
improve the situation.
    Following the election of the new Government, government 
departments issued orders preventing foreign advisers to the former 
government from leaving the country. To date the authorities have shown 
no legal basis for these actions, and they were dropped after court 
reviews.
    Exile is prohibited by the Constitution and is not practiced.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the courts are independent of executive, 
legislative, and military authorities. At times political interests 
interfere with due process. For example following allegations in 
Parliament in 1998 that a politician had made an illegal videotape of 
his sexual activity with an underage girl, two police officers from 
another city enticed the girl allegedly involved from her home, took 
her to a second jurisdiction where they charged her with an offense, 
and then took her to a third jurisdiction where she was committed for 
trial. During the year, the charges against both the girl and the 
politician were dropped on technicalities or for lack of evidence. An 
investigation of the police officers who arrested the girl never was 
concluded.
    The Supreme Court is the final court of appeal and has original 
jurisdiction on constitutional matters. The National Court hears most 
cases and appeals from the lower district courts established at the 
provincial level. There are also village courts headed by lay persons, 
who judge minor offenses under both customary and statutory law.
    The legal system is based on English common law. The Constitution 
provides for due process, including a public trial, and the court 
system generally enforces these provisions. Defendants have the right 
to an attorney. Legal counsel is provided by the Public Solicitor's 
office for those accused of serious offenses who are unable to afford 
counsel. ``Serious offenses'' are defined as charges for which a 
sentence of 2 years or more is the norm. Defendants and their attorneys 
may confront witnesses, present evidence, plead cases, and appeal 
convictions. The shortage of judges creates delays both in the process 
of trials and in the rendering of decisions (see Section 1.d.).
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The authorities generally respect citizens' privacy 
rights, although there were instances of abuse, such as police 
destruction of property in May (see Section 1.c.). In another instance, 
a large force of heavily armed police searched the home of a man 
accused of a nonviolent offense in January. He protested to the court 
that the search procedures were politically inspired. The court agreed 
and found police methods excessive and contrary to constitutional 
protections of privacy.
    Although provisions in the Constitution require warrants, the 
police continued to conduct warrantless searches and raids.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for free 
speech, including freedom of the media, and the Government generally 
respects this freedom in practice.
    The media provided independent coverage and analysis of major 
issues, including accusations of corruption and immoral behavior 
directed at leading political figures.
    The combined circulation of two daily English-language newspapers 
is less than 60,000. Two weekly newspapers, one in English and one in 
Pidgin (the national lingua franca), also are published. All freely 
express a variety of editorial viewpoints and report on controversial 
issues such as alleged abuses by police and security forces, cases of 
alleged corruption by government officials, and political opposition 
views. A Malaysian firm, which has invested heavily in the country's 
timber industry, owns one of the dailies; the newspaper publishes 
little on the controversial subjects of logging and forestry, but it is 
generally independent and unbiased on other issues.
    The television broadcasting company, EM-TV, is independent. 
Television reception is limited mostly to the capital and provincial 
centers. The government-owned National Broadcasting Corporation owns 
two radio networks whose effectiveness is limited by inadequate funding 
and deteriorating equipment. A privately owned radio network, NAU-FM, 
is popular in Port Moresby and is expanding to other areas of the 
country.
    The Government respects academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly; however, the Government limits this 
right in practice. Public demonstrations require police approval and 
14-days' notice. Police assert that they fear violence from unruly 
spectators and rarely give approval. Even a march against domestic 
violence organized by national women's leaders was refused permission 
until the afternoon of the day for which it was scheduled, preventing 
advance publicity and an effective turnout.
    The Constitution provides for freedom of association, and the 
Government generally respects this right in practice. Associations that 
wish to open a bank account and conduct financial transactions are 
required to register for this purpose. The process of registration may 
be slowed by bureaucratic inefficiency, but there is no policy of 
denying registration. International affiliation of church and civic 
groups is freely permitted.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Government usually does not restrict 
freedom of movement within and outside the country. However, following 
the election of the present Government, with no legal basis the 
authorities prevented foreigners engaged as advisers by the previous 
government from leaving the country (see Section 1.d.). A reservation 
to the 1951 U.N. Convention Relating to the Status of Refugees 
regarding the issuance of travel documents restricted the travel of 
some Irian Jayans residing in a refugee camp in western part of the 
country.
    Movement within Bougainville is free for all groups. Internally 
displaced persons are free to return to their homes, and most have done 
so. According to the U.N. High Commissioner for Refugees (UNHCR), there 
are fewer than 50 persons from Bougainville in the Solomon Islands who 
meet the criteria for refugee status. The Solomon Islands Red Cross 
reports that other Bougainvillians sheltering in the Solomon Islands 
have begun to return home and that none are any longer under their 
care. Those remaining are employed professionals. The Government 
negotiated agreements with the Government of the Solomon Islands to 
establish the means for traditional border crossers in southern 
Bougainville and the northern Solomon Islands to pass easily between 
the two countries.
    Although a party to the U.N. Convention Relating to the Status of 
Refugees and its 1967 Protocol, the Government has not enacted enabling 
legislation. The Government cooperates with the UNHCR, and has not 
forced any persons to return to countries where they feared 
persecution. The Government provides first asylum for approximately 
3,500 persons who fled from the neighboring Indonesian province of 
Irian Jaya. An equal number reside in informal, unrecognized camps 
adjacent to the border with Indonesia. The Government cooperates with 
the UNHCR in assisting the Irian Jayans who live in the East Awin 
refugee camp in Western Province and has administered the camp since 
1996, when the UNHCR office closed. The UNHCR planned to withdraw all 
program and financial support for the East Awin camp at year's end. The 
Government has a policy of limited integration for Irian Jayans with 
certain skills or other qualifications, who are accorded limited 
residency status and are permitted to leave the refugee settlement. 
During the year, the Government distributed over 1,500 permissive 
residency certificates to Irian Jaya refugees. Irian Jayans who choose 
not to apply for permissive residency may seek voluntary repatriation 
to Indonesia under the supervision of the Government and the UNHCR. 
Those who violate conditions of their refugee status can be 
repatriated. There were no known forced repatriations of Irian Jayans 
to Indonesia. Several thousand traditional border crossers live in the 
border area and move freely between the two countries.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens freely exercise their right to change the government 
through direct elections with a secret ballot and universal adult 
suffrage. Voters elect a unicameral parliament with 109 members from 
all 19 provinces and the National Capital District. Any citizen can 
stand for election. Because of the high number of candidates for 
Parliament, some members have won election with less than 10 percent of 
the total votes cast.
    The most recent general election was held in June 1997. Of the 109 
seats in Parliament, 55 changed hands. A coalition government, led by 
Prime Minister Bill Skate, was formed following the election. In early 
July, faced with a threatened vote of no confidence, Prime Minister 
Skate resigned. On July 14, the Parliament elected Sir Mekere Morauta 
as Prime Minister. He formed a coalition government that includes 
nearly two-thirds of the Members of Parliament. Skate now leads the 
opposition.
    The law provides that a losing candidate may dispute the election 
of the winning candidate by filing a petition with the National Court. 
Such petitions may question actions of the candidate and his supporters 
or allege malfeasance by the election officials. The procedure is fair, 
but is time consuming and expensive both to initiate and to defend. 
Following the 1997 election, 88 such petitions were filed. The majority 
of complaints were made against winning candidates or their supporters. 
The court accepted 40 of the petitions for trial. As of September, 
several of these cases were still undecided.
    Although there are no legal barriers to the participation of women 
in political life, they are underrepresented in government and 
politics. Two women were elected to the 109 member Parliament in the 
1997 elections.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no official barriers to the formation of human rights 
groups. The Government cooperates with human rights nongovernmental 
organizations (NGO's), but sometimes is slow in responding to their 
requests for information. The International and Community Rights 
Advocacy Forum, formed in 1993, concentrated on human rights and the 
environment.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides for equal protection under the law 
irrespective of race, tribe, place of origin, political opinion, color, 
creed, religion or sex. Despite these constitutional and other legal 
provisions, women often face discrimination.
    Extreme geographic diversity prevents any one tribe or clan from 
dominating the country. The democratically elected government, based on 
loose coalitions, consistently has avoided favoring any group. 
Virtually all citizens share Melanesian ethnicity, and violence between 
groups is not ethnically based. Skirmishes and conflicts tend to be 
based on disputes between clans over issues such as boundaries, land 
ownership, injuries, and insults suffered by one clan at the hands of 
another. In May a serious tribal conflict erupted over the outcome of 
the 1997 parliamentary election in Southern Highlands province. In the 
past, clan and tribal warfare was ritualized and fought with 
traditional weapons; the availability of firearms has made such 
conflicts deadlier.
    Women.--Violence against women, including domestic violence and 
gang rape, is a serious and prevalent problem. Traditional village 
mores, which served as deterrents, are weakening and are largely absent 
when youths move from their village to a larger town or to the capital. 
Although rape is punishable by imprisonment, and sentences are imposed 
when assailants are found guilty, few assailants are apprehended. The 
willingness of some communities to settle incidents of rape through 
material compensation rather than criminal prosecutions makes the crime 
difficult to combat. Domestic violence, such as wife beating, also is 
common and is a crime. However, since most communities view domestic 
violence as a private matter, and few victims press charges, 
prosecutions are rare.
    Violence committed against women by other women frequently stems 
from domestic disputes. In areas where polygyny is still customary, an 
increasing number of women have been charged with the murder of another 
of their husband's wives. According to one report, 65 percent of women 
in prison are there for attacking or killing another woman.
    The Constitution and laws have provisions for extensive rights for 
women dealing with family, marriage, and property issues. Some women 
have achieved senior positions in business, the professions, and civil 
service. However, traditional patterns of discrimination against women 
persist. Many women, even in urban areas, are considered second-class 
citizens. Village courts tend to impose jail terms on women found 
guilty of adultery, while penalizing men lightly or not at all. 
Circuit-riding National Court justices frequently annulled such village 
court sentences. In 1996 the Government approved amendments to the 
Village Courts Act requiring that orders for imprisonment be endorsed 
by a district court before they take effect. 
Polygyny and the custom of paying a bride price tend to reinforce the 
view that women are property.
    In addition to the purchase of women as brides, women also are 
sometimes given as compensation to settle disputes between clans. The 
courts have ruled that such settlements are a denial of the women's 
constitutional rights.
    According to statistics published in the U.N. Development Program's 
1999 report on human development, women are gaining rapidly on men in 
literacy and education. Adult literacy has risen to 73 percent of the 
population. Sixty-five percent of women are literate, trailing men by 
21 percent. There are 15 percent fewer girls in primary schools than 
boys. Maternal mortality levels remain relatively high at 930 deaths 
per 100,000 live births.
    There is an Office of Women's Affairs in the Office of Church and 
Family Services of the Ministry of Provincial Affairs.
    Children.--The Government did not dedicate significant resources to 
protecting the rights and welfare of children. Most programs to protect 
and develop youth and children are operated by NGO's andreligious 
organizations. Many government programs are underfunded. In the past, 
children have been well cared for within the family and under 
traditional clan and village controls. However, preliminary, small-
scale studies indicate that this situation has changed over the last 
decade, especially in areas where households have become isolated from 
the extended family support system and depend on the cash economy for a 
livelihood. According to a report prepared by the Government and the 
U.N. Children's Fund, the sexual abuse of children is believed to be 
prevalent. Because of the geographic isolation and remoteness of many 
villages, malnutrition and infant mortality rates are very high. More 
than 60 of every thousand children born do not survive their first 
year.
    People with Disabilities.--Through the National Board for the 
Disabled, the Government provides funds to a number of NGO's that 
provide services to the disabled. The Government does not provide 
programs or services directly. Services and health care for the 
disabled, except for those provided by the traditional clan and family 
system, do not exist in several of the country's provinces. There is no 
legislation mandating accessibility for the disabled. Disabled persons 
face discrimination in education, training, and employment. Most 
disabled persons do not find training or work outside the family 
structure.
Section 6. Worker Rights
    a. The Right of Association.--The right to form and join labor 
unions is provided by law, subject to registration by the Department of 
Industrial Relations. The Government does not use registration to 
control unions. However, an unregistered union has no legal standing 
with the Department of Labor and Employment or before the courts and 
thus cannot operate effectively. About half of the 250,000 wage earners 
in the formal economy are organized and are members of approximately 50 
trade unions. Most of the unions representing private-sector workers 
are associated with the Trade Unions Congress. The Public Employees 
Association represents an estimated 23,000 persons employed by 
national, provincial, and municipal governments, or one-third of the 
public sector work force. Unions are independent of the Government and 
of political parties.
    Both public and private sector unions exercised their legal right 
to strike during the year. Engineers working for the national airline 
staged an unauthorized strike in July. Airline management fired them 
all and then selectively rehired some. The courts ruled that both the 
union and the airline acted illegally, and at year's end, talks were 
underway to resolve the situation.
    Unions may affiliate freely with international organizations.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right to engage in collective bargaining 
and to join industrial organizations. These rights are exercised 
freely. Under the law, the Government has discretionary power to cancel 
arbitration awards or declare wage agreements void when they are 
contrary to government policy. This law was criticized by the 
International Labor Organization in 1994. The law prohibits antiunion 
discrimination by employers against union leaders, members, and 
organizers. The Department of Industrial Relations and the courts are 
involved in dispute settlement. Wages above the minimum wage are set 
through negotiations between employers and employees or their 
respective industrial organizations.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
forbids slavery and all forms of forced, compulsory, or bonded labor, 
including that performed by children, and there were no reports of such 
practices.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Employment Act establishes the minimum working age as 
18. However, children between the ages of 11 and 18 may be employed in 
a family-related business or enterprise provided they have parental 
permission, a medical clearance, and a work permit from a labor office. 
This type of employment is rare, except in subsistence agriculture. 
Forced and bonded labor by children is prohibited and is not known to 
occur (see Section 6.c.).
    e. Acceptable Conditions of Work.--Minimum wages for the private 
sector are set by the Minimum Wage Board, a quasi-governmental body 
with labor and employer representatives. The Board made a determination 
in 1992, which is still valid, that reduced the minimum wage for newly 
hired urban workers to the level of the minimum wage for rural workers. 
Also in 1992, the national youth wage, for new entrants into the labor 
force between 16 and 21 years of age, was set at 75 percent of the 
adult minimum wage. The adult minimum wage of $9.87 (22.96 kina) per 
week does not provide a decent standard of living for a worker and 
family who live solely on the cash economy. The Minimum Wage Board 
reconvened in mid-year to review the current minimum wage and made no 
change. Although the Department of Labor and Employment and the courts 
attempt to enforce the minimum wage law, enforcement is not effective 
due to a lack of resources. Minimum wage levels, allowances, rest 
periods, holiday leave, and overtime are regulated by law. The workweek 
is limited by law to 42 hours per week in urban areas and 44 hours per 
week in rural areas. The law provides for at least one rest period of 
24 consecutive hours every week. Enforcement is lax.
    Enforcement of the Industrial Health and Safety Law and related 
regulations is the responsibility of the Department of Labor and 
Employment. The law requires that work sites be inspected on a regular 
basis. However, due to a shortage of inspectors, inspections take place 
only when requested by workers or unions. Workers' ability to remove 
themselves from hazardous working conditions varies by workplace. 
Unionized workers have some measure of protection in such situations.
    f. Trafficking in Persons.--The Constitution does not prohibit 
trafficking in persons; however, there were no reports that persons 
were trafficked in, to, or from the country.
                                 ______
                                 

                              PHILIPPINES

    The Philippines is a democratic republic with an elected president, 
a bicameral legislature, and a functioning political party system. 
President Joseph Estrada took office in June 1998. The Government is 
pursuing actively a negotiated settlement with Muslim separatists. An 
uneasy truce exists between insurgents and government forces. Sporadic 
clashes between government forces and the main Communist insurgent 
group led to a variety of human rights abuses by both sides. The 
judiciary is independent, but suffers from inefficiency and corruption.
    The Department of National Defense directs the Armed Forces of the 
Philippines (AFP), and the Department of Interior and Local Government 
(DILG) has authority over the civilian Philippine National Police 
(PNP). The AFP, which has primary responsibility for antiinsurgency 
operations, also is involved in traditional law enforcement efforts, 
including the pursuit of kidnapers, a chronic criminal problem. Some 
members of the security forces, including police, soldiers, and local 
civilian militias, committed human rights abuses, often in the context 
of counterinsurgency operations.
    The Philippines has a market-based, mixed economy. Agriculture 
contributes about 20 percent of gross domestic product (GDP), but 
accounts for nearly 40 percent of employment. Principal crops include 
corn, sugar, and rice, most of which are consumed domestically. Export 
crops include coconut and fruits. Manufacturing, particularly 
electronics and electronic components, accounts for nearly two-thirds 
of export receipts; this export growth continued to be strong in spite 
of the recent regional economic downturn. Per capita GDP in January was 
approximately $886. Income distribution is highly skewed: The richest 
30 percent of families earned about 63.4 percent of the national 
income, while the poorest 30 percent receive only 9.3 percent of 
income. Urban incomes average 2.43 times rural incomes.
    The Government generally respected the human rights of citizens; 
however, there were problems in some areas. Members of the security 
services were responsible for extrajudicial killings, torture, 
disappearances, arbitrary arrest and detention, and other physical 
abuse of suspects and detainees. Police corruption remains a problem. 
Prison conditions are harsh. The Government's Commission on Human 
Rights (CHR), established by the 1986 Constitution, in January 
described the PNP as the leading abuser of human rights, followed by 
the Communist New People's Army (NPA), and the AFP. Some abuses were 
committed by police and military personnel while involved in criminal 
activities such as kidnap gangs, drug trafficking, and illegal logging. 
Police leaders at times appeared to sanction brutality and extralegal 
killings as expedient means of fighting crime. The Government has taken 
few effective steps to stop military and police abuses, although police 
officers have been sentenced to death for murder convictions. The 
Government has been ineffective in reforming the police, the military 
forces, or the court system, with its poorly paid, overburdened judges 
and prosecutors. The court system remains susceptible to the influence 
of the wealthy and powerful, while failing to provide equal justice for 
others. The courts are hobbled by backlogs and limited resources, and 
long delays in trials are common. The authorities failed to prosecute 
many persons who broke the law.
    The President's Antiorganized Crime Task Force made significant 
progress during the year against kidnap gangs; however, the Estrada 
administration's support for the Task Force Chief, an otherwise 
effective police officer often accused of human rights abuses, caused 
some to question the Government's commitment to police reform. The 
Government at times infringed on citizens' privacy rights. There was an 
increase in the Government's forcible displacement of squatters from 
their illegal urban dwellings to make way for industrial and real 
estate development projects, which often led to disputes and human 
rights abuses.
    An estimated 5 to 6 million citizens living abroad are 
disenfranchised because the Congress still has not enacted absentee 
voting, as required by the Constitution. The CHR, whose primary mission 
is to investigate complaints of human rights violations, expanded the 
local monitoring system; at midyear there were more than 13,000 local 
human rights officers nationwide, up from 8,000 at the end of 1998. 
However, some local military and police forces harassed human rights 
activists. Violence and discrimination against women and abuse of 
children continued to be serious problems. Discrimination against 
indigenous people and Muslims persists. Rural poverty and family 
displacement are major causes of the continuing child labor problem, 
which the Government has addressed only partially. Forced labor, 
including forced child prostitution, is a problem. Trafficking in women 
and children is a problem.
    Communist and Muslim insurgent groups, including the Moro Islamic 
Liberation Front (MILF), and the Communist New Peoples' Army (NPA) 
committed serious abuses, including extrajudicial killings, kidnapings, 
torture, and detentions. The NPA's use of children as armed combatants 
and noncombatants increased significantly.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Police and military 
forces committed extrajudicial killings. The CHR investigated 185 
extrajudicial killings during the year, compared with 201 in 1998. The 
CHR includes killings by antigovernment insurgents in its totals. The 
nongovernmental organization (NGO) Task Force Detainees of the 
Philippines (TFDP) reported that 18 civilians were killed for political 
reasons from mid-1998 through June; 11 were victims of extrajudicial 
executions carried out by government forces.
    In combating criminal organizations, police personnel sometimes 
resorted to summary execution of suspects, or ``salvaging.'' Police 
spokesmen later reportedly misrepresented these killings as an 
unavoidable result of a reported exchange of gunfire with the suspects. 
The CHR reported that members of the PNP were responsible for 22 
percent of the human rights violations involving deaths that it 
investigated during the year.
    In April the head of President Estrada's Antiorganized Crime Task 
Force, Police General Panfilo Lacson, won a controversial dismissal of 
murder charges against himself and 25 police colleagues for their 
alleged involvement in the Kuratong Baleleng case, in which 11 robbery 
suspects allegedly were killed while in PNP custody in 1995. Despite 
eyewitness testimony, the case languished without trial for 4 years. 
The witnesses eventually retracted their testimony after facing 
reported intimidation and apparent bribery.
    In March a member of the anticrime task force was charged with 
killing a community leader in Quirino province, reportedly on the 
orders of a senior provincial official. Also in March, three mid-
ranking police officers were indicted for the murder of three criminal 
suspects. Investigations indicated that the police killings were in 
retribution for the suspects' failure to pay for police protection with 
a portion of the money that they stole. In Tarlac province in March, a 
survivor of a failed police ``execution'' in March pressed charges 
against the officers and was killed by a local police chief while 
ostensibly under guard at a hospital. The police chief, a graduate of 
the Philippine Military Academy, was dismissed from the PNP and faces 
criminal charges.
    According to the TFDP, three migrant workers at a sugar plantation 
in Negros Occidental province were killed by AFP members in March. The 
military services stated that the victims were members of the 
Revolutionary Proletarian Army (RPA), an offshoot of the NPA. However, 
the plantation owner reportedly claimed that the victims were farmers 
from Panay island who had come to Negros island in search of work.
    In August the bodies of four men, two of whom were confirmed NPA 
members, were recovered in Mawab in the province of Compostela Valley 
in Mindanao. Three of the bodies bore multiple gunshot wounds and 
torture marks (see Section 1.c.). The four men had been arrested by 
members of the PNP's 60th Infantry Battalion the day before.
    MILF ``courts'' executed many persons during the year (see Section 
1.e.).
    The NPA claimed responsibility for several killings, including the 
December 31 ``execution'' of former priest and former NPA leader 
Conrado Balweg.
    b. Disappearance.--The CHR cited 10 instances of involuntary 
disappearance for the first 9 months of the year, compared with 10 in 
1998. The TFDP reported two disappearances from mid-1998 through mid-
1999. One victim in March was a labor leader who failed to return home 
after a meeting. The international NGO Families of Victims of 
Involuntary Disappearance (FIND), reported 6 instances of involuntary 
disappearance from mid-1998 through year's end.
    The courts and the police have failed to address complaints of 
victims' families concerning numerous past disappearances. FIND and 
Amnesty International's Manila office continued to support the efforts 
of the victims' families' to press charges, but in most cases evidence 
and documentation are unavailable. Court inaction on these cases 
contributes to a climate of impunity that undermines confidence in the 
justice system.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution prohibits torture, and evidence obtained 
through its use is legally inadmissible in court; however, members of 
the security forces and police continued to use torture and otherwise 
abuse suspects and detainees. The CHR provides the police with human 
rights training, including primers on the rights of suspects; however, 
such training is voluntary. Police awareness of the rights of those in 
custody remains poor. Attorneys in legal reform and public defender 
groups reported that the most common forms of abuse during arrest and 
interrogation as ``mauling,'' slapping, hitting with clubs, and using 
guns to poke suspects.
    Authorities reportedly tortured three suspected NPA members after 
their arrests in Compostela Valley province in January. The 
perpetrators reportedly were former members of a civilian armed forces 
geographical unit, a militia supported by the army.
    The PNP, in response to growing criticism of alleged criminal 
activity by its officers, established a ``Human Rights Desk'' to take 
complaints and strengthen human rights training. The PNP dismissed one 
officer and detained or suspended nine others through November.
    Prison conditions are harsh. Provincial jails and prisons are 
overcrowded, have limited exercise and sanitary facilities, and provide 
prisoners with an inadequate diet. Administrators reportedly budget a 
daily subsistence allowance of about $0.75 (30 pesos). Prison inmates 
often depend on their families for food because of the insufficient 
subsistence allowance. Male and female inmates are held in separate 
facilities, overseen by guards of the same sex. The exception is the 
Bureau of Immigration and Deportation detention facility, which 
segregates male and female inmates, but both are overseen by male 
guards. Women and children still are being held in facilities not fully 
segregated from adult male inmates. There were reports that guards 
abused prisoners. Female prisoners in particular are at risk of sexual 
assault.
    Official corruption is a serious problem in the prison system. Jail 
administrators reportedly delegate authority to maintain order to 
senior inmates. Some prominent prisoners and jailed celebrities receive 
preferential treatment. Favored inmates reportedly enjoy access to 
outside contacts, enabling them to trade in prostitution and drugs.
    According to the penal authorities, there were over 57,000 persons 
held in national and provincial prisons in November. Many were detained 
there at the discretion of local law enforcement authorities without 
benefit of a trial. Through September the CHR helped 46 prisoners and 
detainees obtain paroles or pardons.
    International monitoring groups, the International Committee of the 
Red Cross, and foreign embassy officials are allowed free access to 
jails and prisons. There were no credible reports that prisoners died 
due to prison conditions or treatment during the year.
    d. Arbitrary arrest, Detention, or Exile.--The Constitution 
requires a judicial determination of probable cause before issuance of 
an arrest warrant and prohibits holding prisoners incommunicado or in 
secret places of detention; however, police in some cases arrested and 
detained citizens arbitrarily. The CHR listed 98 cases of illegal 
arrest and detention during the first 9 months of the year, compared 
with 59 in 1998. The TFDP documented 48 politically motivated arrests 
during the period from mid-1998 to mid-1999. With regard to civil and 
political rights, the TFDP documents only violations committed by the 
Government against suspected members of the Communist Party of the 
Philippines, the NPA, or other insurgent or opposition groups. The 
Government denies that there are any political detainees.
    Detainees have the right to a judicial review of the legality of 
their detention and, except for offenses punishable by a life sentence 
or death (when evidence of guilt is strong), the rightto bail. 
Authorities are required to file charges within 12 to 36 hours of 
arrests made without warrants, depending on the seriousness of the 
crime for which the arrest was made.
    In June Vicente Ladlad, a National Democratic Front consultant and 
Communist peace negotiator, was arrested for illegal possession of a 
firearm. He was detained for 9 days before being released on bail. 
Subsequently he was accused of plotting the killing of top government 
leaders. Left-wing groups insisted that Ladlad was a victim of a 
government effort to eliminate members of revolutionary groups by 
depicting them as common criminals.
    The NPA and the MILF were responsible for a significant number of 
arbitrary arrests and detentions, often in connection with informal 
courts set up to try military personnel, police, local politicians, and 
civilians for ``crimes against the people.'' (see Section 1.e.).
    In February two army officers, one a general, were abducted by the 
NPA near Davao City. In a separate incident also in February, the NPA 
kidnaped a police officer in Bicol province. In March the NPA kidnaped 
an army sergeant. In April these four persons, together with a police 
officer held by the NPA since February 1998, were freed after the 
Government refused to meet the NPA's demand to release NPA prisoners 
convicted of crimes.
    Forced exile is illegal and is not practiced.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, but the judicial system suffers from corruption 
and inefficiency. Personal ties undermine the commitment of some 
employees of some government institutions to ensuring due process and 
equal justice, resulting in impunity for those who commit offenses but 
who are rich and influential.
    The national court system consists of four levels: Local and 
regional trial courts; a national court of appeals divided into 15 
divisions; a 15-member Supreme Court; and an informal local system for 
arbitrating or mediating certain problems outside the formal court 
system. The Sandiganbayan, the Government's anticorruption court, hears 
criminal cases of misconduct brought against officials.
    The Constitution provides that those accused of crimes be informed 
of the charges against them, have the right to counsel, and be provided 
a speedy and public trial. Defendants are presumed innocent and have 
the right to confront witnesses against them, to present evidence, and 
to appeal convictions. The authorities respect the right of defendants 
to be represented by a lawyer, although poverty often inhibits a 
defendant's access to effective legal representation. The public 
attorney's office is staffed by highly skilled and motivated defense 
lawyers, but the workload is daunting and resources are scarce.
    Legal experts inside and outside the justice system also criticize 
personal and professional relationships between some judges and 
individual or corporate litigants. Some lawyers act as ``case fixers,'' 
gaining the favor of judges and other court officials, and allegedly 
bribe some witnesses. Technically it is illegal to settle criminal 
cases out of court, but the practice of reaching an ``amicable 
settlement'' is routine. In some cases, without key victims or 
witnesses to testify, prosecution is problematic.
    The pace of justice is slow. The court system is unable to assure 
detained persons expeditious trials. There is a widely recognized need 
for more prosecutors, judges, and courtrooms. Approximately 700 of 
2,130 judgeships nationwide remain vacant for lack of qualified 
applicants. Vacancies in provincial capitals are unattractive to many 
jurists. In other cases, judges' salaries are considered too low in 
comparison with other opportunities. Low pay also renders some 
prosecutors susceptible to corruption.
    According to the Constitution, cases are to be resolved within set 
time limits once submitted for decision: 24 months for the Supreme 
Court; 12 for the court of appeals; and 3 months for lower courts. 
There are no time limits for trials. Because of numerous technical 
delays and frequent failures of judges and prosecutors to appear, 
trials can last many months. Officials in the Labor and Social Welfare 
Departments complain that prosecutors often fail to follow up on cases 
involving child labor violations (see Section 6.d.).
    The CHR reported that about 36 percent of the human rights cases 
that it referred to courts and other government agencies were resolved, 
and that the courts dismissed 158 cases that went to trial. The Supreme 
Court, which reviews all death sentences, commuted some death sentences 
and overturned others.
    The Crusade Against Violence, an NGO representing families of crime 
victims, reported some success in providing families with legal advice, 
monitoring court processes, and spurring prosecutors to address cases 
despite the efforts of local criminal organizations or public officials 
to hinder proceedings.
    There were no credible reports of attempts to intimidate attorneys 
involved in human rights cases.
    Amnesty International criticized the apparent unfairness in many of 
the court proceedings that result in death sentences, stating that the 
judicial system does not ensure the rights of defendants to due process 
and legal representation. At times defendants in such cases had no 
lawyers to assist them when they were arrested, indicted, and brought 
to trial.
    Indemnification claims for alleged human rights abuses during the 
Ferdinand Marcos era, which ended in 1986, remain unsolved. A 
government-brokered agreement that appeared near success early in the 
year collapsed under criticism of its immunity provisions for the 
Marcos family, and the presiding judge of the Sandiganbayan refused to 
release $150 million in escrowed Marcos funds.
    Reflecting the MILF's claim to recognition as an independent state 
in areas that it controls, MILF spokesmen asserted their Shari'a 
(Islamic law) courts have criminal jurisdiction, and the MILF executed 
several alleged criminals during the year.
    The NPA and the MILF were responsible for a significant number of 
arbitrary arrests and detentions, often in connection with informal 
courts set up to try military personnel, police, local politicians, and 
civilians for ``crimes against the people.'' The NPA continued to try 
these defendants in its courts. The NPA claimed responsibility for 
several killings, including the December 31 ``execution'' of former 
priest and former NPA leader Conrado Balweg (see Section 1.a.).
    The TFDP and the Philippine Alliance of Human Rights Advocates, a 
leading NGO network, reported that there were at least 160 political 
prisoners held at year's end, compared with 147 held at the end of 
1998. The Government denies that it holds political prisoners, 
contending that those jailed for political reasons in fact were 
convicted for common crimes. Frequently political prisoners counted by 
the TFDP were convicted of the illegal possession of firearms. The TFDP 
asserts that the authorities deliberately ``criminalize'' political 
offender cases in order to strip political prisoners of public 
sympathy. There are differences of opinion even within the CHR; some 
members of the Commission believe that certain persons are incarcerated 
for political reasons, but other members believe that the same persons 
are guilty of common crimes.
    The Presidential Committee on Grant of Bail, Release, or Pardon 
claims that some political prisoners remain in custody.
    In February the Technical Working Group of the Presidential 
Committee on Grant of Bail, Release, or Pardon Committee recommended 
the release of 61 prisoners whom it deemed had been convicted mainly 
because of the legitimate exercise of their political beliefs. However, 
after the NPA kidnaped an AFP general and four other members of the 
armed forces early in the year, President Estrada deferred action on 
the Working Group's recommendation. The AFP prisoners were released by 
the NPA in April. In December the President pardoned and ordered the 
release of 11 of the 61 prisoners. He reportedly stated that most of 
those given pardon were political prisoners. The Government indicated 
its intention to pardon and release the remaining 50 if their appeals 
were withdrawn.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides that a judge may issue 
search warrants on a finding of probable cause. Restrictions on search 
and seizure within private homes generally are respected, although 
searches without warrants do occur. Judges have declared evidence 
obtained illegally to be inadmissible.
    There were reports that the Presidential Antiorganized Crime Task 
Force placed illegal wiretaps on the telephones of government officials 
and military officers identified with opposition parties.
    Having campaigned as the ``pro-poor'' candidate, President Estrada 
early in his administration sought to avoid confrontations with 
squatter communities; however, there was an increase in the forcible 
displacement of urban ``squatters'' to make room for infrastructure and 
commercial developments. The law provides certain protections for 
squatters; eviction often is difficult, especially because politicians 
generally recognize squatters' voting power. The CHR classified as 
human rights violations nine instances of community demolition by the 
Government through September. In many instances, the Government did not 
offer relocation sites to displaced families, as required by law. The 
NGO Ecumenical Commission for Displaced Families (ECDFC) reported seven 
mass displacements due to government demolition of houses for economic 
purposes. These actions affected 15,876 citizens in 2,646 families, 
mostly in the Manila area.
    g. Use of Excessive Force and Violations of Humanitarian Law in 
Internal Conflicts.--Periodic AFP clashes with the main remaining 
Islamic Insurgent Group, the Moro Islamic Liberation Front (MILF) 
continued to inflict hardships on civilians. Most of the fighting took 
place in western Mindanao provinces and was related to the control of 
territory, a central issue in the Government's peace talks with the 
MILF. Displaced families fear being caught in the crossfire or becoming 
casualties as a result of artillery exchanges or bombings near their 
areas of residence.
    According to the ECDFC, 27 incidents of armed clashes between the 
AFP and the MILF, NPA, or other paramilitary groups in Mindanao and in 
Bohol provinces in the Visayas displaced an estimated 304,908 
noncombatants. Some Muslim families in Mindanao suffered recurrent 
displacements. Although neither the government forces nor the 
insurgents appeared to target civilian populations or restrict food 
supplies, there were periodic food shortages in some areas associated 
with the large number of displaced families.
    During November Government and the MILF clashed in North Cotabato 
and Maguindanao provinces in Mindanao. A reported 45 combatants on both 
sides were killed in the fighting. An estimated 6,000 persons 
reportedly were displaced during the skirmishes.
    In June the CHR protested the increased recruitment of minors (boys 
and girls under the age of 18) by the Communist NPA. The growing number 
of NPA members under 18 years of age who were captured or surrendered 
to government forces confirmed the widespread use of children in both 
combat and noncombat roles by the NPA. The Department of Social Welfare 
and Development (DSWD) provided care and assistance to these children 
after they were turned over by the military to the civilian authorities 
(see Sections 5 and 6.d.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects this right in practice.
    The Philippine Press Institute (PPI) is active in helping 
investigate cases of harassment of journalists. The PPI favors the 
repeal of legislation banning political advertising in the media. It 
believes that the total ban, enacted in the interest of fairness, 
favors incumbents and deprives new candidates of the opportunity to 
make their views known.
    The Government respects academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of peaceful assembly and association, and the 
Government respects these rights in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Citizens enjoy the freedom to change 
their places of residence and employment. Travel abroad is limited only 
in rare circumstances, such as pending court cases. Government 
authorities discourage travel by vulnerable workers such as young women 
to areas where they face personal risk (see Section 6.f.). The 
Philippine Overseas Employment Administration (POEA) seeks to limit 
departures for work abroad to only those persons whom the POEA 
certifies as qualified for the jobs. An estimated 5 to 6 million 
citizens work overseas and remit money home amounting to nearly 10 
percent of the GNP.
    There is no comprehensive legislation that provides for granting 
refugee and asylee status in accordance with the provisions of the 1951 
U.N. Convention Relating to the Status of Refugees and its 1967 
Protocol. The Refugee Unit in the Department of Justice determines 
which asylum seekers qualify as refugees; this serves to implement many 
of the basic provisions of the 1951 U.N. Convention.
    The Government provides first asylum.
    The Government continued to allow approximately 1,600 asylum 
seekers from Vietnam to remain in the country. All were ``screened 
out'' from refugee status. Most now live in major urban areas. There is 
significant popular support, particularly from the Roman Catholic 
Church, for allowing the permanent stay of those asylum seekers who do 
not wish to repatriate and are ineligible for resettlement in other 
countries. The Government continued to encourage voluntary repatriation 
of these asylum seekers. The Government has not ruled out forcible 
repatriation, although that action is unlikely. There were no reports 
of the forced return of persons to a country where they feared 
persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully, and citizens exercise this right through 
periodic elections that are largely free and fair and held on the basis 
of universal suffrage. However, Congress has yet to enact a system for 
absentee voting as required by the Constitution. This affects an 
estimated 5 to 6 million potential voters or about 10 percent of the 
electorate, most of whom are expatriates. The party of President 
Estrada continued to hold large majorities in both the House of 
Representatives and the Senate.
    The Government attempted to bring disadvantaged groups into the 
political process using the party list system. Along with many other 
citizens, Muslims argue that the method of election of senators from a 
nationwide list favors the established political figures from the 
Manila area. Election of senators by region would require a 
constitutional amendment, but it is favored by many Muslims and members 
of other disadvantaged groups who are underrepresented in the national 
legislature. There are no Muslim senators, and none of President 
Estrada's cabinet members are Muslims. However, the House of 
Representatives has nine Muslim members, including some elected from 
Christian majority districts.
    There are no restrictions in law or practice on participation by 
women and members of minorities in politics. The Vice President is a 
woman; she received more votes than the President did in the last 
national elections. There are two female cabinet members. There are 4 
women in the 22-member Senate, and 25 women in the 222-member House of 
Representatives.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of human rights groups operated without government 
restriction, investigating and publishing their findings on human 
rights cases. Many government officials, including those of the CHR, 
are responsive to their views. Some domestic NGO's were critical of the 
Estrada administration's human rights record; these NGO's also had 
criticized previous Presidents' human rights records. In September the 
CHR hosted a regional conference of national human rights commissions 
with participation by domestic, regional, and international NGO's. 
Domestic NGO's were given the opportunity to criticize the CHR publicly 
and did so.
    The Philippine Alliance of Human Rights Advocates, a leading NGO 
network, effectively monitors human rights problems and seeks redress 
through its contacts with government agencies, the Congress, and the 
CHR. Human rights activists continued to encounter minor harassment, 
chiefly by police or military units or detachments based in the 
localities in which the incidents were reported.
    The CHR further augmented the system of local (``barangay'') human 
rights officers who monitor local authorities and report complaints to 
regional CHR offices. There were more than 13,000 local human rights 
officers at year-end compared with approximately 8,000 in December 
1998.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination against women, children, 
and members of minorities. Implementation of constitutional protections 
at times is hindered by the lack of specific regulations and by 
budgetary constraints.
    Women.--Violence against women, particularly domestic violence, 
remains a serious societal problem. Rape is illegal and in certain 
cases punishable by death. Spousal rape and abuse also are illegal, but 
enforcement is ineffective. Women's advocates cite the lack of laws on 
domestic violence, double standards of morality, and a traditional 
societal reluctance to discuss private family affairs as some of the 
reasons for domestic violence. The absence of divorce under the law and 
limited job opportunities combine to limit the ability of both poor and 
wealthy women to escape destructive relationships.
    The PNP and DSWD both maintain women's help desks to protect 
victims of violence against women and to encourage the reporting of 
crimes. Their role was strengthened further by Vice President Gloria 
Macapagal-Arroyo, who served concurrently as the secretary of the DSWD 
and continued to give women's issues a high public profile during the 
year. Many PNP stations included female officers. With the assistance 
of NGO's, some male officers received gender sensitivity training to 
assist victims of sexual crimes and domestic violence.
    Rape continued to be a major problem as the number of rapes 
reported to the police has risen by about 16 percent annually since 
1992. The PNP reported that it investigated 3,283 cases of rape through 
November; 70 percent of the alleged perpetrators were arrested. 
However, some women's groups stated that courts' imposition of death 
sentences for rape convictions might inhibit some victims from pressing 
charges. The number of prisoners awaiting execution for rape exceeds 
the number awaiting execution for murder.
    Many women suffer exposure to violence through their recruitment, 
often through deception, into prostitution. Although illegal, 
prostitution remains widespread. An International Labor Organization 
(ILO) study estimated that 500,000 Filipino women are engaged in 
prostitution within the country. Most work independently or in small 
brothels rather than in prominent ``entertainment clubs.'' Penalties 
for the offense are light, but detained prostitutes are subjected to 
administrative indignities. The Antivagrancy Act often is used by 
police officers as a pretext to extort money from prostitutes; those 
unable to pay may be subjected to sexual abuse. Hotel and travel 
industry leaders failed to honor their pledges to cooperate with a code 
endorsed by international tourism groups to stop sex tourism.
    Local officials condone a climate of impunity for those who exploit 
prostitutes--both the ``entertainment club'' owners and their patrons. 
Highly publicized official campaigns to close clubs and brothels fail 
to rescue young women from the abuse, since a few days after such 
raids, the offending establishments usually are back in business.
    The DSWD reported that it rescued victims of illicit recruitment 
who were trapped in prostitution. DSWD officials noted that the number 
failed to reflect the true extent of the prostitution problem since it 
reflected only those who obtained temporary shelter and counseling 
through the DSWD and local governments. NGO's argue that the Government 
should first address the abuses of dislocation and homelessness in 
order to treat effectively the problem of women's exposure to the 
structural violence inherent in prostitution.
    Trafficking in women and children for forced prostitution and 
forced labor is a problem (see Section 6.f.).
    Sexual harassment in the workplace also continues to be a problem; 
it is thought to be widespread yet underreported due to victims' fear 
of losing their jobs. Harassment by managers in Special Economic Zones 
(SEZ's) is thought to be a common practice. Most of the female 
employees at SEZ's are economic migrants who are required to work long 
hours and have no independent workers' organization to assist with 
filing complaints. Women also are hired as contractual employees 
without benefits in the pressing and sewing industry. Many are 
subjected to long hours in inadequately ventilated facilities.
    In law but not always in practice, women have most of the rights 
and protections accorded men. The Presidential Commission on the Role 
of Filipino Women seeks to coordinate programs for women, working 
closely with NGO's such as the 10 million-member National Council of 
Women in the Philippines. More women than men enter secondary and 
tertiary education. A 1997 study by the Asian Development Bank found 
that women had made important gains toward gender equity in recent 
years, but the negative effects of the 1997-98 Asian financial crisis 
still have not been overcome. Unemployment rates among women are 
consistently higher than those among men. Women's salaries averaged 
about 47 percent lower than their male counterparts. Except for 
government service and jobs in government-owned or government-
controlled corporations, women continued to face discrimination in 
employment.
    Church opposition to divorce in this predominantly Roman Catholic 
nation is strong. However, changes in the legal code have made marriage 
annulment fairly easy and increasingly common. However, the legal cost 
precluded this option for many women. The practice of ``unofficial 
divorce'' or permanent separation was common among lower income 
families. In such cases, the wife usually was left with the children, 
and the husband provided little or no financial support.
    Children.--Several government agencies have programs devoted to the 
education, welfare, and development of children. Nevertheless, children 
faced serious problems in their development. Family poverty forces many 
school dropouts. Only about 65 percent of children complete the sixth 
grade. As the grade level goes up, the number of children who stay 
continues to decline. Public primary and secondary schools are free of 
tuition charges, but poor families are unable to meet numerous 
peripheral costs for uniforms, school supplies, shoes, and 
transportation. The Asian Development Bank expressed concern over an 
apparent growing inequity in the opportunity for an education as public 
spending per pupil declines. In the 1980's, public spending covered 80 
percent of the cost of elementary education; however, this share 
declined to only 69 percent by the mid-1990's.
    Widespread poverty forces many young children to work. The 
Department of Labor and Employment (DOLE) worked with the ILO and NGO's 
to address the problem of widespread child labor. According to the U.N. 
Children's Fund (UNICEF) and ILO studies, over 2 million children were 
exposed to hazardous working environments such as quarries, mines, and 
at docksides in order to earn their living (see Section 6.d.). 
Trafficking in children for the purpose of forced prostitution is a 
problem (see Section 6.f.).
    The DSWD reported that there were over 50,000 street children in 
Manila and over 100,000 nationwide. Welfare officials believe that the 
number is increasing as a result of widespread unemployment in rural 
areas. Many of these apparently are abandoned children engaged in 
scavenging or begging.
    The family court system adopted in 1998 has helped expedite 
juvenile and domestic relations cases and served to strengthen 
safeguards against the sale and trafficking of children abroad. 
Previously, less specialized courts had tended to regard children as 
extensions and property of the parents and to favor parental authority 
over the rights of a child.
    Greater public awareness eroded traditional reticence to report 
abuses against children. DSWD offices cared for children who were the 
victims of rape. The problem of foreign pedophiles continued to receive 
significant reporting in the press. The Government continued to 
prosecute accused pedophiles.
    Despite government efforts at law enforcement and expanded 
children's programs, it is estimated that some 60,000 children are 
involved in the commercial sex industry. Children in the``entertainment 
industry'' work long, odd hours (10 to 12 hours) from evening until 
early morning. Typically they come from families with unemployed or 
irregularly employed parents.
    In June the CHR protested the increased recruitment of minors (boys 
and girls under the age of 18) by the Communist NPA. The growing number 
of NPA members under 18 years of age who were captured or surrendered 
to government forces confirmed the widespread use of children in both 
combat and noncombat roles by the NPA. The DSWD provided care and 
assistance to these children after they were turned over by the 
military to the civilian authorities (see Section 1.g.).
    People with Disabilities.--The law provides for equal physical 
access for the disabled to all public buildings and establishments, and 
for ``the rehabilitation, self development, and self-reliance of 
disabled persons and their integration into the mainstream of 
society.'' Advocates for the rights of the disabled contend that the 
law has been ineffective because implementing regulations have not been 
published, and because government programs are palliative rather than 
focused on reintegration. Reportedly only about 2 percent of an 
estimated 3.5 million disabled citizens received access to services.
    In July the Supreme Court ruled that 27 deaf mute bank workers were 
regular employees, entitled to security of tenure, and who could be 
terminated only for authorized cause. The workers had been dismissed as 
nonpermanent employees after from 3 to 6 years' service.
    Indigenous People.--Indigenous people live throughout the country 
but primarily in the mountainous areas of northern and central Luzon 
and Mindanao. They account for about 18 percent of the national 
population. Although no specific laws discriminate against indigenous 
people, the remoteness of the areas that many inhabit and cultural bias 
prevent their full integration into society. Indigenous children suffer 
from lack of basic services, health, and education. Because they 
inhabit mountainous areas also favored by guerrillas, indigenous people 
suffer disproportionately from counterinsurgency operations.
    The 1997 Indigenous Peoples' Rights Act, which was intended to 
implement constitutional provisions to protect indigenous people, 
established a National Commission of Indigenous People staffed by 
tribal members empowered to award certificates of title to lands 
claimed by the over 12 million native people in the country. It awards 
``ancestral domain lands'' on the basis of communal rather than 
individual ownership, impeding sale of the lands by tribal leaders. The 
law requires a process of ``informed'' consultation and written consent 
by the indigenous group to allow mining on tribal lands. The law also 
assigns the indigenous groups the responsibility to preserve forest, 
watershed, and biodiversity areas in their domains from inappropriate 
development. However, the Government has been slow to implement the 
legislation, as it faces strong opposition from mining and agribusiness 
interests.
    Other measures have affected indigenous communities in adverse 
ways. The 1995 Mining Act continued a legislative trend of promoting 
mining operations, hydroelectric dams, and other large-scale projects 
that force indigenous people to relocate and abandon farming and 
hunting land used for generations.
    Indigenous people continued to face legal threats to their claims 
to ancestral lands from developers, mining interests, and local 
political interests. The Higaonon people in Mindanao continue to be 
deprived of portions of their ancestral land by a powerful local 
landowning family that enforced their removal through a violent 
demolition conducted by the PNP and private security forces in 1997. 
The Catholic Bishops Conference of the Philippines continues to express 
concern over the effects of existing and planned large-scale mining on 
the livelihood of the many indigenous people of Mindanao.
    Religious Minorities.--About 5 million Muslims, who constitute 7 
percent of the population, reside principally in Mindanao and nearby 
islands and are the largest single minority group in the country. 
Historically, they have been alienated from the dominant Christian 
majority, and government efforts to integrate Muslims into the 
political and economic fabric of the country have met with only limited 
success. The national culture, with its emphasis on familial, tribal, 
and regional loyalties, createsinformal barriers whereby access to jobs 
or resources is provided first to those of one's own family or group. 
Many Muslims claimed that they continue to be underrepresented in 
senior civilian and military positions. Provinces in Mindanao that are 
predominantly Muslim lag behind the rest of the island in almost all 
aspects of socioeconomic development.
    There was progress in improving Christian-Muslim relations 
following a 1996 government agreement with the insurgent MNLF. In 
accordance with the agreement, a Southern Philippines Council on Peace 
and Development was established to coordinate economic growth in 14 
provinces in Mindanao, and MNLF chairman Nur Misuari became its chair. 
Misuari later was elected governor of the autonomous region of Muslim 
Mindanao, which was established in 1990 to meet the demand of Muslims 
for local autonomy in areas where they are a majority or a substantial 
minority. The accord also provided for the integration of MNLF fighters 
into the armed forces and police.
    Although the MNLF agreement has brought somewhat more regional 
stability, intermittent military clashes with insurgent MILF forces 
still result in family displacements. In September the plebiscite 
promised in the 1996 peace agreement between the Government and the 
MNLF on autonomy for an expanded Islamic region was postponed for 1 
year. Misauri favored an even longer delay.
Section 6. Worker Rights
    a. The Right of Association.--The Constitution and laws provide for 
the right of workers, including public employees, to form and join 
trade unions. Although this right is exercised in practice, aspects of 
the public sector organization law restrict and discourage organizing. 
Trade unions are independent of the Government and generally free of 
political party control. Unions have the right to form or join 
federations or other labor groups.
    Although unions claimed to have organized more than 12 percent of 
the total work force of 29.5 million, only about 541,000 workers, or 
14.6 percent of union members, are covered by collective bargaining 
agreements. According to the DOLE Bureau of Labor Relations, the number 
of new union registrations fell continuously since 1995. The number of 
firms, primarily large employers, that used ``contractual'' labor 
continued to grow.
    Subject to certain procedural restrictions, strikes in the private 
sector are legal. However, the law requires that all means of 
reconciliation must be exhausted and that the strike issue must be 
relevant to the labor contract or the law. The Secretary of Labor and 
Employment can intervene in some labor disputes by ``assuming 
jurisdiction'' and mandating a settlement if the Secretary views the 
industry involved in the strike as ``vital to national security.''
    Legislation that the ILO Committee of Experts criticized for 
placing undue restrictions on the right to strike in nonessential 
services remained unchanged. The Committee remained concerned by the 
imposition of penalties in cases where strikes were deemed illegal, by 
restrictions on the right of government workers to strike, and by some 
restrictions on the right to organize and form a bargaining unit that 
are in conflict with ILO Convention 87 on freedom of association.
    Strikes were fewer and shorter in duration. The National 
Conciliation and Mediation Board (NCMB reported 53 strikes through 
November, compared with 89 strikes the previous year. There were 
189,000 workdays lost to strikes, compared with 548,000 in 1998.
    In May the Associated Labor Unions called a strike of longshoremen 
at the port of Cebu after a shipping company had fired 14 union 
members. The DOLE Secretary assumed jurisdiction and the situation was 
stabilized until July, when 21 union members were fired and a second 
brief strike was called. In September company security officers fired 
on striking workers, injuring two persons. In October the National 
Labor Relations Commission (NLRC) cited the company for unfair labor 
practices and the fired workers for conducting an illegal strike. The 
case remained unresolved at year' end.
    Union leaders and NGO's express concern that workers involved in 
union activity face intimidation tactics by management, including 
physical assaults by security guards. In late 1997, the ILO's Committee 
on Freedom of Association expressed concernover the violent dispersal 
of pickets and the brief police detention of union leaders during a 
1995 strike at the Telefunken Semiconductor plant near Manila. The 
management ignored repeated the DOLE Secretary's orders to reinstate 
workers fired for their strike decision. The company has not reinstated 
the workers.
    Unions have the right to affiliate with international trade union 
confederations and trade secretariats. Two of the largest trade union 
centrals, the Trade Union Congress of the Philippines and the 
Federation of Free Workers, are affiliated with the International 
Confederation of Free Trade Unions and the World Confederation of 
Labor, respectively.
    b. The Right to Organize and Bargain Collectively.--The 
Constitution provides for the right to organize and bargain 
collectively. The Labor Code provides for this right for private sector 
employees and for employees of government owned or government 
controlled corporations, but the law limits the rights of government 
workers.
    Allegations of intimidation and discrimination in connection with 
union activities are grounds for review as possible unfair labor 
practices before the quasijudicial NLRC. Before disputes reach the 
NLRC, the DOLE provides the services of the NCMB, which settles most of 
the unfair labor practice disputes raised as grounds for strikes before 
the strikes can be declared.
    Labor law is uniform throughout the country, including the 
industrial zones, where tax benefits encourage the growth of export 
industries. However, local political leaders and officials governing 
these special economic zones have tried to frustrate union organizing 
efforts by maintaining ``union free/strike free'' policies. A conflict 
over interpretation of the SEZ law's provisions for labor inspection 
has created further obstacles to enforcement of workers' rights to 
organize. Despite objections from the DOLE, SEZ local directors claim 
authority to conduct their own inspections as part of the zones' 
privileges intended by Congress. Hiring often is controlled tightly 
through ``SEZ labor centers,'' where political ties to local figures 
play a role in gaining job eligibility. Despite sporadic labor unrest 
and some organizing efforts, union successes in the SEZ's have been few 
and marginal. Some mainstream unions avoid a major unionizing effort in 
the lower-wage SEZ industries such as the garment industry. They 
consider it unpromising in view of both the organizers' restricted 
access to the closely guarded zones and the rapid turnover of the 
young, mainly female staff working on short-term contracts in the 
zones' many electronics and garment factories.
    c. Prohibition of Forced or Compulsory Labor.--Forced labor is 
prohibited, including forced and bonded labor by children; however, 
despite the Government's generally effective prohibition of forced 
labor, there were reports of forced or bonded labor by children, mainly 
in the informal sector. Over 300,000 children aged 17 and younger work 
as family domestic workers, for whom the minimum age is 15. Some 
recruiters reportedly bring girls between the ages of 13 and 17 to work 
in Manila or Cebu homes under terms that involve a ``loan'' advanced to 
their parents that the children are obliged to repay through their 
work. The DOLE continued to address the problem of underage workers in 
family work settings. Some children reportedly worked to help their 
parents repay loans from planters. NGO's and the ILO reported that 
``piggeries'' in Bulacan province near Manila no longer appeared to 
employ underage workers. Trafficking in women and children for purposes 
of forced prostitution and forced labor is a problem (see Section 
6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits the employment of children below age 15, 
except under the direct and sole responsibility of parents or 
guardians, or where employment in cinema, theater, radio, or television 
is essential to the integrity of the production. The Labor Code allows 
employment of those between the ages 15 and 18 for such hours and 
periods of the day as are determined by the Secretary of Labor but 
forbids the employment of persons under 18 years of age in hazardous or 
dangerous work. However, a significant number of children are employed 
in the informal sector of the urban economy or as unpaid family workers 
in rural areas.
    There are few child labor violations in the formal manufacturing 
sector. However, children reportedly continue to be employedillegally 
on the docks of some Mindanao and Visayan ports. Working at a piece 
rate in the unloading of bulk cargo, the children earn far less than 
adults would demand for the same work even though they are exposed to 
harmful dust and chemicals in the ships' holds. Employment of children 
as divers in dangerous conditions on coral reef fishing vessels 
reportedly continued. In Mindanao plantations raising bananas for 
export frequently used children as day laborers in trimming and 
fertilizing plants and clearing irrigation ditches.
    The DOLE and other agencies continue to work closely with UNICEF 
and the ILO's International Program for the Elimination of Child Labor 
to reduce violations of child labor laws. The DOLE works with local 
NGO's to educate the community on the negative aspects of child labor 
while providing counseling and other outlets for children. The 
Department of Education, Culture, and Sport participates in an 
interagency effort to put children back in school.
    The DOLE increased its efforts to prosecute violators of child 
labor laws. In April a labor recruiter was imprisoned after a child 
whom he had recruited to work at a soybean factory in Mindanao fell 
into a hopper and was suffocated.
    The DOLE and other government agencies applied considerable 
pressure throughout the year on the companies licensed to engage in 
hazardous pa-aling fishing methods to enforce the prohibition of 
underage employees.
    The law prohibits forced and bonded labor by children. However, 
despite government enforcement efforts, there were reports of its use, 
mainly in prostitution (see Sections 6.c. and 6.f.).
     e. Acceptable Conditions of Work.--Tripartite regional wage boards 
set minimum wages. A round of wage increases was implemented late in 
the year, the first in 2 years. The highest rates are in the National 
Capital Region (NCR) and the lowest in rural regions. The minimum daily 
wage for NCR nonagricultural workers is about $5.60 (223.50 pesos), 
which does not provide a decent standard of living for a worker and 
family. With this pay level, at least two family members would have to 
work full-time to support a family of six above the level of the 
Government's minimum daily cost of living for the Manila area. The 
lowest minimum wages are in the autonomous region in Muslim Mindanao, 
where the daily agricultural wage is approximately $2.95 (118 pesos). 
Large numbers of workers do not receive the minimum wage set for their 
area.
    Regional wage board orders cover all private sector workers except 
domestic helpers and those employed in the personal service of another. 
Boards outside the NCR exempted some employers because of factors such 
as establishment size, industry sector, involvement with exports, 
financial distress, and level of capitalization. These exemptions 
excluded substantial additional numbers of workers from coverage under 
the law.
    Violation of minimum wage standards is common. Many firms hire 
employees at subminimum apprentice rates even if there is no approved 
training in their production-line work. DOLE officials estimate a 30 to 
40 percent noncompliance rate with the minimum wage requirement and 
acknowledge that the shortage of inspectors makes the law difficult to 
enforce. The Government relies on administrative procedures and moral 
suasion to encourage voluntary employer correction of violations.
    The standard legal workweek is 48 hours for most categories of 
industrial workers and 40 hours for government workers, with an 8-hour 
per day limit. An overtime rate of 125 percent of the hourly rate is 
mandated on ordinary days and 130 percent on rest days and holidays. 
The law mandates a full day of rest weekly. However, there is no legal 
limit on the number of overtime hours that an employer may require. 
Enforcement of work week hours is managed through periodic inspections 
by the DOLE.
    Several NGO's seek to protect the rights of the country's more than 
5 million overseas workers. The Government uses financial sanctions and 
criminal charges against unfair practices by domestic recruiting 
agencies. Although the Philippine Overseas Employment Agency has 
registered and supervised domestic recruiters' practices successfully, 
the Government largely is unable to ensure workers' protection 
overseas. It seeks cooperation from receiving countries and proposes 
migrant worker rights conventions in international forums. The 
Government also provides assistance through its diplomatic missions in 
countries with substantial numbers of migrant workers.
    A comprehensive set of occupational safety and health standards 
exists in law. The DOLE has responsibility for policy formulation and 
review of these standards, but with fewer than 300 inspectors 
nationwide, actual enforcement often is carried out by local 
authorities. DOLE officials acknowledge that the number of inspectors 
is inadequate for the number of work sites in need of visits. 
Statistics on actual work-related accidents and illnesses are 
incomplete, as incidents (especially in agriculture) are underreported. 
Workers do not have a legally protected right to remove themselves from 
dangerous work situations without risking loss of employment.
    f. Trafficking in Persons.--The law does not specifically prohibit 
trafficking in persons, but the Government used laws against related 
illegal commerce to address trafficking. Trafficking in women and 
children is a problem. Many women seek employment overseas and are 
particularly vulnerable to exploitation by unethical recruiters who 
promise attractive jobs or, in some cases, arrange marriages with 
foreign men. Some eventually work as prostitutes or suffer abuse by 
their foreign employers or husbands. Those recruited to work as maids, 
entertainers, or models may while overseas be forced to participate in 
public shows or dances where nudity and the prospect of sex are the 
principal attractions. Others knowingly accept questionable jobs to 
support parents, children, or siblings with their remittances. The 
Government has continued its efforts to end illegal recruiting and, by 
raising age, educational, and professional standards for young women 
seeking jobs abroad, has tried to discourage employment migration. The 
1995 Migrant Workers and Overseas Filipinos Act sought to provide the 
Government with greater financial resources and improved authority to 
combat these problems. However, NGO's believe that these measures have 
not been adequate since traffickers remain numerous and effective in 
luring women with promises of lucrative overseas contracts. The 
Government is the host and cosponsor of the Asian Regional Initiative 
Against Trafficking in Women and Children, scheduled for March 2000. 
The goal of this conference is the formulation of a comprehensive 
action plan to combat trafficking within and from Asia, including 
strategies for prevention, protection, and prosecution.
    Child trafficking by illegal recruiters often brought children from 
poor rural areas to low-paying jobs in cities. The family court system 
adopted in 1998 has helped expedite juvenile and domestic relations 
cases and served to strengthen safeguards against the sale and 
trafficking of children abroad. Previously, less specialized courts had 
tended to regard children as extensions and property of the parents and 
to favor parental authority over the rights of a child.
                                 ______
                                 

                                 SAMOA

    Samoa is a parliamentary democracy that incorporates certain 
traditional practices into its legislative system. The Constitution of 
this Pacific island country of approximately 170,000 persons provides 
for a head of state, a unicameral legislature composed of family heads, 
or ``matai,'' who are elected by universal suffrage, the protection of 
land rights 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. The Legislative 
Assembly is to elect his successors for 5-year terms. The judiciary is 
independent.
    The country does not have a defense force. The small national 
police force is controlled by the Government but has little effect 
beyond Apia, the capital city. Enforcement of rules and security within 
individual villages is vested in the ``fono'' (Council of Matai), which 
settles most internal disputes. Judgments by the fono usually involve 
fines or, more rarely, banishment from the village.
    The country is poor with a market-based economy in which more than 
60 percent of the work force are employed in the agricultural sector. 
Fish, kava, and coconut products are the principal exports. The small 
industrial sector is dominated by a Japanese factory that assembles 
automotive electrical parts for export. The Government has initiated a 
major effort to promote tourism. Per capita gross domestic product is 
$1,100 per year. The country is heavily dependent on foreign aid and on 
remittances sent to family members by the more than 100,000 Samoans 
living overseas.
    The Government generally respected the human rights of its 
citizens. Principal human rights abuses arise from political 
discrimination against women and nonmatai and violence against women 
and children. Societal pressures and customary law may interfere with 
the ability to conduct fair trials. Those who do not conform to 
accepted societal values may face pressure, threats, and violence. 
There are some restrictions on freedom of speech, press, and religion.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--Minister of Public 
Works Luaglau Levaula Kamu was shot and killed on July 16. Three 
persons were charged in the case: The former Minister of Women's 
Affairs; his son; and the former Minister of Telecommunications. 
Eletise Leafa Vitale, the son of the former minister of Women's 
Affairs, confessed and was sentenced to death on August 7. At year's 
end, all three remained in custody. They also are charged with the 
attempted assassination of the Prime Minister. The trial of the two 
former ministers is ongoing.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits such practices, and there were no 
reports that officials practiced them.
    Although jail conditions are fairly basic so far as food and 
sanitation are concerned, they appear to meet minimum international 
standards, and there have been no reports of abuses in prisons. While 
there are human rights groups, the question of monitoring prison 
conditions by them has not arisen. Prison visits by family members and 
church representatives are permitted.
    d. Arbitrary Arrest, Detention, or Exile.--The law prohibits 
arbitrary arrest, detention, or exile, and the Government observes 
these prohibitions. However, villages are governed by customary law, 
and the fono may mete out banishment when deemed necessary. Banishment 
is one of the harshest forms of punishment in this collective society.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government respects this provision in 
practice.
    The law provides for the right to a fair public trial, and this is 
honored by the official court system. However, many civil and criminal 
matters are not handled by courts but by village fono, which vary 
considerably both in their decisionmaking style and in the number of 
matai involved in the decisions. The 1990 Village Fono Act 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.
    There were no reports of political prisoners.
     f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The law provides substantive and procedural safeguards 
from invasion of the home or seizure of property, including a need for 
search warrants, which are issued by the judicial branch. However, 
there is little or no privacy in a village. While village officials by 
law must have permission to enter homes, there can be substantial 
social pressure to grant such permission.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government generally 
respects these rights in practice. However, in 1997 the then Prime 
Minister banned coverage of the leader of the opposition on state-run 
radio and television stations. This ban has not been lifted, but 
remarks by the leader of the opposition received limited coverage 
during the year. However, in practice the Government's ban remains 
largely symbolic, since opposition statements receive prominent 
coverage in the private news media.
    The Newspapers and Printers Act and the Defamation Act require 
journalists to reveal their sources in the event of a defamation suit 
against them. There has been no court case requiring that these acts be 
invoked.
    On February 15, the Supreme Court granted government-owned 
Polynesian Airlines an injunction to prevent an independent daily, the 
Samoa Observer, from publishing news about the company's expenses for 
senior staff. In response to a subsequent editorial published about the 
incident, the airline filed a petition asking the court to jail the 
newspaper's editors. At year's end, the case was still pending.
    Two English-language newspapers and a number of Samoan-language 
newspapers are printed regularly. The Government operates a radio 
station and the sole television station. There are two private radio 
stations, and a satellite-cable system is now available in parts of 
Apia. Television from American Samoa is readily available.
    The Government respects academic freedom.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for these rights, and the Government respects them in 
practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, along with freedom of thought and conscience. Nearly 100 
percent of the population is Christian. 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 (extended family). There is 
strong societal pressure to support church leaders and projects 
financially, and such contributions often total more than 30 percent of 
family income.
    Despite the constitutional protection, village councils sometimes 
banish or punish families that do not adhere to the prevailing 
religious belief in the village.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The 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, especially for potentially 
rebellious youths, and because it generates foreign income through 
remittances. The Government does not restrict foreign travel 
arbitrarily or the right of citizens to return from abroad.
    Samoa has not had any refugees or asylum seekers, and it is not a 
party to any international agreement concerning them. TheGovernment has 
not formulated a policy regarding refugees, asylees, or first asylum. 
However, the authorities have indicated that they would conform to 
international norms if such cases should arise.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to change their government through direct, 
multiparty elections, but women's political rights are restricted by 
the fact that few of them are traditional family leaders (matai). 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 political process is more a function of personal leadership 
characteristics than of party. The Human Rights Protection Party (HRPP) 
has dominated the political process, winning five consecutive elections 
since 1982. The 1996 general elections again gave the HRPP a majority, 
but in November 1998 ill health forced then-Prime Minister Tofilau Eti 
Alesana to resign. The HRPP caucus selected former Deputy Prime 
Minister Tuilaepa Sailele Malielegaoi as Acting Prime Minister. Tofilau 
died in March, and Tuilaepa became Prime Minister. Although candidates 
are free to propose themselves for electoral office, in practice they 
require the blessing of the village high chiefs. Those who ran in the 
1996 elections in spite of fono objections faced ostracism and even 
banishment from their village. Following the 1996 elections, there were 
multiple charges of fraud and bribery. Four elections subsequently were 
overturned by the Supreme Court, and by-elections were held.
    Women are underrepresented in government and politics; however, 
they occasionally reach high public office. The 12-member Cabinet has 1 
female member, and women hold 3 of the 49 seats in the Legislative 
Assembly. The first female Attorney General was appointed in 1997.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A number of human rights groups operated without government 
restriction. Government officials are usually cooperative.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on race, sex, 
religion, disability, language, or social status. Society is 
homogeneous with no significant ethnic minorities. 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 women and nonmatai, women (and particularly 
female matai) play an important role in society and occasionally may 
reach high office.
    Women.--While the law prohibits the abuse of women, social custom 
tolerates their physical abuse within the home. The role and rights of 
the village fono and tradition prevent police from interfering in 
instances of domestic violence, unless there is a complaint from the 
victim--which village custom strongly discourages. While police receive 
some complaints from abused women, domestic violence offenders 
typically are punished by village councils, but only if the abuse is 
considered extreme. (``Extreme abuse'' would be visible signs of 
physical abuse.) The village religious leader may also intervene in 
domestic disputes.
    The State punishes persons responsible for extreme assault cases, 
which can result in imprisonment.
    Many cases of rape still may go unreported because tradition and 
custom discourage such reporting. In spite of this, the authorities 
note a greater number of reported cases of rape, as women slowly become 
more forthcoming with the police. Rape cases that reach the courts are 
treated seriously. Convicted offenders often are given relatively stiff 
sentences of several years' imprisonment.
    The traditional subordinate role of women is changing, albeit 
slowly, especially in the more conservative parts of society. The 
Ministry of Women's Affairs oversees and helps ensure the rights of 
women.
    Children.--The Government has made a strong commitment to the 
welfare of children through the implementation of various youth 
programs by the Ministry of Education and the Ministry of Health. Law 
and tradition prohibit severe abuse of children, but tradition 
tolerates corporal punishment. The police noted an increase in reported 
cases of child abuse, attributed to citizens becoming more aware of the 
need to report physical, emotional, and sexual abuse of children.
    People with Disabilities.--The Government has passed no legislation 
pertaining to the status of disabled persons or regarding accessibility 
for the disabled. Tradition dictates that the family cares for a 
disabled person, and this custom is observed widely in practice.
Section 6. Worker Rights
    a. The Right of Association.--Workers legally have unrestricted 
rights to establish and join organizations of their own choosing. To 
date two trade unions have been organized. The 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 factory in the country. Both unions are independent of the 
Government and political parties. There are no laws specific to union 
activity. The Commissioner of Labor 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 there were no strikes during the year. The Public Service 
Association freely maintains relations with international bodies and 
participates in bilateral exchanges.
    b. The Right to Organize and Bargain Collectively.--While 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. An advisory commission to the Minister 
of Labor sets minimum wages. 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 Labor. 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 Labor.--While the Government 
does not demand compulsory labor and it is prohibited by law, in this 
collective society persons, including minors, frequently are called 
upon to work for their villages. Most people do so willingly, but if 
not, the matai can compel them to do so.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Under the 1972 Labor and Employment Act (LEA) 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. Children 
frequently are seen hawking goods and food on Apia street corners. 
Although a violation of the LEA, local officials mostly tolerate and 
overlook the child vendors. There are no reports of bonded labor by 
children, but the LEA does not apply to service rendered to the matai, 
some of whom require children to work for the village, primarily on 
village farms (see Section 6.c.).
    e. Acceptable Conditions of Work.--The LEA established for the 
private sector a 40-hour workweek and an hourly minimum wage of $0.47 
(WS$ 1.40). This minimum wage suffices for a basic standard of living 
when supplemented by the subsistence farming and fishing in which most 
families engage.
    The act provides that no worker should be required to work for more 
than 40 hours in any week.
    The act also establishes certain rudimentary safety and health 
standards, which the Attorney General is responsible for enforcing. 
However, independent observers report that the safety laws are not 
enforced strictly 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 Labor would prompt an 
investigation, without jeopardy to continued employment. Government 
employees are covered under different and more stringent regulations, 
which are enforced adequately by the Public Service Commission.
    f. Trafficking in Persons.--The law prohibits trafficking in 
persons, and there were no reports that persons were trafficked in, to, 
or from the country.
                                 ______
                                 

                               SINGAPORE

    Singapore is a parliamentary republic in which politics is 
dominated overwhelmingly by the People's Action Party (PAP), which has 
held power uninterruptedly since Singapore gained autonomy from the 
United Kingdom in 1959. Opposition parties exist and regularly contest 
elections; however, the PAP holds 80 of 83 elected parliamentary seats 
(1 is vacant) and all the ministerial positions. Elections take place 
at regular, constitutionally mandated intervals. The judiciary is 
efficient and constitutionally independent; however, there has been a 
perception that it reflects the views of the executive in politically 
sensitive cases as government leaders historically have utilized court 
proceedings, in particular defamation suits, against political 
opponents and critics.
    The police are responsible for routine security within the country 
and for the protection of the borders, including action against illegal 
immigrants and patrolling the island's territorial waters. The military 
forces are responsible for external defense. The Internal Security 
Department (ISD) in the Ministry of Home Affairs operates under the 
Internal Security Act (ISA) to counter such perceived threats to the 
nation's security as espionage, international terrorism, threats to 
racial and religious harmony, and subversion. The civilian Government 
maintains tight control over all security activities. The Government's 
use of the ISA to control what it considers serious security threats 
has decreased, although the Government continues to rely on the ISA and 
related security laws to deal with espionage, organized crime, and 
narcotics. There were reports that members of the security forces 
occasionally committed human rights abuses.
    Singapore has an open free market economic system. The financial 
services industries and manufacturing of computer-related components 
are key sectors of the economy. During the year, the economy began to 
recover from a substantial slowdown. Gross domestic product (GDP) rose 
approximately 5.6 percent during the year, compared with 0.3 percent in 
1998. The annual per capita GDP was approximately $26,000 in 1998. 
Wealth is distributed relatively equally in an economy that, despite 
the economic crisis, maintained a low rate of unemployment.
    The Government generally respected the human rights of its 
citizens; however, there were significant problems in some areas. The 
Government has wide powers to limit citizens' rights and to handicap 
political opposition. There were occasional instances of police abuse; 
however, the Government investigates and punishes those found guilty 
and the media fully cover allegations of mistreatment. Caning, in 
addition to imprisonment, is a routine punishment for numerous 
offenses. The authorities sometimes infringe on citizens' privacy 
rights. Government intimidation and pressure to conform result in the 
practice of self-censorship among journalists. Government leaders 
historically have utilized court proceedings, in particular defamation 
suits, against political opponents and critics. However, while it 
initiated no new defamation suits against its political opponents or 
critics during the year, this practice, plus the consistency of 
judgments in favor of government plaintiffs, has had a chilling effect 
on political speech and action and highlighted concerns about the 
ruling party's use of the judicial system for political purposes. 
During the year, a prominent opposition figure was convicted for 
speaking in public without a permit. Despite a continuing discussion of 
the possibility of an expansion of free speech rights and the 
Government's role regarding these rights, the Government still did not 
take significant concrete steps to change the wide array of laws and 
government practices, or the informal levers of government influence, 
that lie behind the limitations on civil and political rights. The 
Government significantly restricts freedom of assembly and association. 
Jehovah's Witnesses and the Unification Church are banned; however, 
freedom of religion otherwise generally is respected. There is some 
legal discrimination against women, which affects benefits for children 
and husbands in limited cases. The Government has moved actively to 
counter societal discrimination against women and minorities, but some 
discrimination persists. Foreign workers are vulnerable to mistreatment 
and abuse. Trafficking in women for the purpose of prostitution is a 
limited problem.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits torture; however, there have been 
occasional instances of police mistreatment of detainees, and there 
were a few reports of police abuse during the year. For example, a 
Malaysian youth claimed that Central Narcotics Bureau officers punched 
him when he was picked up for a random drug test on December 7. The 
media report fully on, and the Government takes action against, 
allegations of police abuse of those arrested. The press reported that 
approximately 10 law enforcement officers were jailed for using brute 
force on prisoners and suspects in the 1995-99 period. During the year, 
three prison guards were sentenced to between 6 and 10 years in prison 
and caned for attacking and killing a prisoner in 1995. In February a 
police officer was sentenced to 8 months in prison for throwing a 
prisoner against a wall in 1997.
    The Government has been known to investigate and punish instances 
of such practices as sleep deprivation or interrogation of detainees in 
very cold rooms where the prisoners may be stripped of their clothes 
and doused with water. In 1993, the last year for which statistics are 
available, of the 94 complaints of police abuse investigated, 14 were 
substantiated.
    The Penal Code mandates caning, in addition to imprisonment, as 
punishment for some 30 offenses involving the use of violence or threat 
of violence against a person, such as rape and robbery, and also for 
such nonviolent offenses as vandalism, drug trafficking, and violation 
of immigration laws. Caning is discretionary for convictions on other 
charges involving the use of criminal force, such as kidnaping, or 
voluntarily causing grievous hurt. Women, men over age 50 or under age 
16, and those determined unfit by a medical officer are exempted from 
caning. Although current statistics were not available, caning is a 
commonly administered punishment within the stipulations of the law. In 
1993, the last year for which statistics are available, the courts 
included a caning sentence in 3,244 cases. Prison conditions generally 
are good and meet minimum international standards.
    The Government does not allow human rights monitors to visit 
prisons.
    d. Arbitrary Arrest, Detention, or Exile.--The law provides that, 
in most instances, arrests are to be carried out following the issuance 
of an authorized warrant; however, some laws provide for arrests 
without warrants. Those arrested must be charged before a magistrate 
within 48 hours. The great majority of those arrested are charged 
expeditiously and brought to trial. Those who face criminal charges are 
allowed counsel, and the Law Society of Singapore administers a 
criminal legal aid scheme for those who cannot afford to hire an 
attorney. A functioning system of bail exists for persons who are 
charged. In death penalty cases, defendants who cannot afford their own 
counsel have two attorneys appointed by the Supreme Court on their 
behalf.
    Some laws--the Internal Security Act (ISA), the Criminal Law 
(Temporary Provisions) Act (CLA), the Misuse of Drugs Act (MDA), and 
the Undesirable Publications Act (UPA)--have provisions for arrest 
without warrant. The ISA historically has been employed primarily 
against suspected Communist-related security threats. The CLA 
historically has been employed primarily against suspected organized 
crime (i.e., mainly secret society activities), and drug trafficking; 
however, it also has been used against suspected espionage activities. 
Opposition politicians have called for the abolition of the ISA, but 
the Government has rejected these calls, claiming that citizens accept 
the act as an element of the nation's security.
    The ISA and the CLA permit preventive detention without trial for 
the protection of public security or safety or the maintenance of 
public order. The ISA gives broad discretion to the Minister for Home 
Affairs to order detention without charges at the direction of the 
President, if the latter determines that a person poses a threat to 
national security. The initial detention may be for up to 2 years and 
may be renewed without limitation for additional periods up to 2 years 
at a time. Detainees have a right to be informed of the grounds for 
their detention and are entitled to counsel. However, they have noright 
to challenge the substantive basis for their detention through the 
courts. The ISA specifically excludes recourse to the normal judicial 
system for review of a detention order made under its authority. 
Instead detainees may make representations to an advisory board, headed 
by a Supreme Court Justice, which reviews each detainee's case 
periodically and must make a recommendation to the President within 3 
months of the initial detention. The President may concur with the 
advisory board's recommendation that a detainee be released prior to 
the expiration of the detention order but is not obligated to do so. No 
one was detained under the ISA from 1989 through 1996. Two persons were 
detained in 1997, and four in 1998, all for alleged espionage. Of these 
six, two remained in detention at the end of 1998. There were no 
reports of any new detentions under the ISA during the year.
    The CLA, which comes up for review every 5 years, was strengthened 
and extended for another 5 years in April. Under the terms of the CLA, 
the Minister for Home Affairs can order preventive detention, with the 
concurrence of the Public Prosecutor, for an initial period of 1 year, 
and the President can extend detention for additional periods up to 1 
year at a time. The Minister must provide a written statement of the 
grounds for detention to the Criminal Law Advisory Committee (CLAC) 
within 28 days of making the order. The CLAC then reviews the case at a 
private hearing. CLAC rules require detainees to be notified of the 
grounds of their detention at least 10 days prior to the hearing. The 
detainee may represent himself or be represented by a lawyer. After the 
hearing, the Committee makes a written recommendation to the President, 
who may cancel, confirm, or amend the detention order. However, persons 
detained under the CLA may have recourse to the courts via an 
application of a writ of habeas corpus. Persons detained without trial 
under the CA are entitled to counsel but only may challenge the 
substantive basis for their detention to the CLAC. The CLA is used 
almost exclusively in cases involving narcotics and secret criminal 
societies and has not been used for political purposes. At the end of 
1998, the last year for which statistics are available, 450 persons 
were detained under the CLA.
    Persons alleging mistreatment under detention may bring criminal 
charges against government officials who are alleged to have committed 
such acts; there were no reports during the year that persons were 
discouraged from making such accusations by fear of official 
retaliation (see Section 1.e.).
    Both the ISA and the CLA contain provisions that allow for such 
modified forms of detention as curfews, residence limitations, 
requirements to report regularly to the authorities, limitations on 
travel, or, in the case of the ISA, restrictions on political 
activities and association.
    The MDA permits detention without trial. Under the MDA, the 
director of the CNB also may commit--without trial--suspected drug 
users to a drug rehabilitation center for up to 6 months, with 
subsequent extensions in cases of positive urinalysis tests.
    The Constitution prohibits exile, and the Government respects the 
prohibition in practice.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the Government generally respects this 
provision; however, control over the assignment of judges and laws that 
limit judicial review allow for some restrictions in practice. Many 
judicial officials, especially Supreme Court judges, have close ties to 
the ruling party and its leaders. The President appoints judges to the 
Supreme Court on the recommendation of the Prime Minister in 
consultation with the Chief Justice. The President also appoints 
subordinate court judges on the recommendation of the Chief Justice. 
The term of appointment is determined by the Legal Service Commission, 
of which the Chief Justice is the chairman. The 1989 constitutional 
amendments that eliminated judicial review of the objective grounds for 
detention under the ISA and subversion laws allow the Government to 
restrict, or even eliminate, judicial review in such cases and thereby 
restrict, on vaguely defined national security grounds, the scope of 
certain fundamental liberties provided for in the Constitution. Under 
the ISA and the CLA, the President and the Minister of Home Affairs 
have substantial de facto judicial power, which explicitly (in the case 
of the ISA) or implicitly (in the case of the CLA) excludes normal 
judicial review.
    Government leaders historically have used court proceedings, in 
particular defamation suits, against political opponents andcritics. 
Both this practice and consistent awards in favor of government 
plaintiffs have raised questions about the relationship between the 
Government and the judiciary and led to a perception that the judiciary 
reflects the views of the executive in politically sensitive cases. A 
series of decisions in favor of political leader plaintiffs was taken 
as an indication of a compliant judiciary in these particular cases. 
The two most recent cases--defamation actions against Workers' Party 
(WP) politicians Tang Liang Hong and J.B. Jeyaretnam for statements 
they made during the 1996-97 election campaign (see Sections 2.a. and 
3)--perpetuated the perception of undue judicial sympathy to government 
plaintiffs. During the February trial and May appeal of Chee Soon Juan 
on charges of speaking in public without a permit (see Sections 2.a. 
and 3), the appeal judge did not specifically address a key defense 
challenge to the constitutionality of the law under which Chee was 
convicted.
    The judicial system has two levels of courts: The Supreme Court, 
which includes the High Court and the Court of Appeal; and the 
subordinate courts. Subordinate court judges and magistrates, as well 
as public prosecutors, are civil servants whose specific assignments 
are determined by the Legal Service Commission, which can decide on job 
transfers to any of several legal service departments. If they wish, 
Supreme Court Justices may remain in office until the mandatory 
retirement age of 65, after which they may continue to serve at the 
Government's discretion for brief, renewable terms at full salary. The 
Constitution has a provision for the Prime Minister or the Chief 
Justice to convene a tribunal in order to remove a justice ``on the 
ground of misbehavior or inability . . . to properly discharge the 
functions'' of office, but it has never been used.
    The subordinate courts handle the great majority of civil and 
criminal cases in the first instance. The High Court may hear any civil 
or criminal case, although it generally limits itself to civil matters 
involving substantial claims and criminal matters carrying the death 
penalty or imprisonment of more than 10 years. The Court of Appeal is 
the highest and final court of review for matters decided in the 
subordinate courts or the High Court.
    In addition the law provides for Islamic courts whose authority is 
limited to Islamic family law.
    The judicial system provides citizens with an efficient judicial 
process. In normal cases, the Criminal Procedures Code provides that a 
charge against a defendant must be read and explained to him as soon as 
it is framed by the prosecution or the magistrate. Defendants enjoy a 
presumption of innocence and the right of appeal, in most cases. They 
have the right to be present at their trials, to be represented by an 
attorney, to confront witnesses against them, to provide witnesses and 
evidence on their own behalf, and to review government-held evidence 
relevant to their cases. Trials are public and by judge. There are no 
jury trials.
    The Constitution extends these rights to all citizens. However, 
persons detained under the ISA or CLA are not entitled to a public 
trial. In addition proceedings of the advisory board under the ISA and 
CLA are not public (see Section 1.d.).
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--Although the Government generally respects the privacy 
of homes and families, it has a pervasive influence over civic and 
economic life and sometimes uses its wide discretionary powers to 
infringe on these rights. Normally, the police must have a warrant 
issued by a magistrate's court to conduct a search. However, they may 
search a person, home, or property without a warrant if they decide 
that such a search is necessary to preserve evidence. The Government 
has wide discretionary powers under the ISA, CLA, MDA, and UPA to 
conduct searches without a warrant if it determines that national 
security, public safety or order, or the public interest are at issue. 
Defendants may request judicial review of such searches.
    Divisions of the Government's law enforcement agencies, including 
the Internal Security Department and the Corrupt Practices 
Investigation Board, have wide networks for gathering information and 
highly sophisticated capabilities to monitor telephone and other 
private conversations and conduct surveillance. It is believed that the 
authorities routinely monitor telephone conversations and use of the 
Internet, and there were credible reports of such practices during the 
year. Government monitoring of Internet use first became widely known 
7in 1996 when authorities aided Interpol in a case that led to the 
arrest and conviction of a citizen for downloading child pornography. 
This incident made all citizens keenly aware that, even if the 
Government does not regularly monitor their use of the Internet, it has 
the ability to do so. In April at the request of Singnet (a proxy 
server), the Ministry of Home Affairs (MHA) probed the computers of 
200,000 Singnet customers to determine whether they had been infected 
with a computer virus. Although Singnet explained that it asked for the 
probe after several of its customers' computers had been interfered 
with in March, the probe caused popular anger over a perceived 
violation of privacy rights. Subsequently, the MHA stated that it would 
reject future requests to conduct such scans (see Section 2.a.).
    The Misuse of Computers Act and 1998 amendments to it stipulate 
that unauthorized access to computers, interference with another 
person's use of a computer, or disclosure of another person's password 
are crimes. However, it is widely believed that the authorities 
routinely conduct surveillance on some opposition politicians and other 
government critics, although there were no specific allegations that 
they did so during the year.
    The Government is active in some areas normally considered private, 
in pursuit of what it considers the public interest. For example, in 
publicly subsidized housing, where the majority of citizens live and 
own their own units, the Government continues to enforce ethnic ratios 
designed to achieve an ethnic mix more or less in proportion to that in 
the society at large.
    The Government does not permit the import of newspapers from 
Malaysia and bans the import of other publications (see Section 2.a.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and expression but permits official restrictions on 
these rights, and in practice, the Government significantly restricts 
freedom of speech and of the press. Government intimidation and 
pressure to conform result in the practice of self-censorship among 
journalists. The Government's authoritarian style has fostered an 
atmosphere inimical to fully free speech and the press. However, there 
was some limited progress towards greater openness during the year.
    The Government has defined certain topics as out of bounds. The ISA 
permits the Government to prohibit or to place conditions on 
publications that incite violence, that counsel disobedience to the 
law, that might arouse tensions among the various segments of the 
population (races, religions, and language groups), or that might 
threaten national interests, national security, or public order. The 
Government uses a broad definition of these laws to restrict political 
opposition and criticism. Strict defamation and press laws, and the 
Government's demonstrated willingness to defend vigorously against what 
it considers personal attacks on officials have led journalists to be 
cautious about publishing items about such issues as alleged government 
corruption, nepotism, or a compliant judiciary. Furthermore, political 
leaders have challenged publicly the legitimacy of political speech 
articulated outside the boundaries of the formal political system. In a 
case that continues to have an impact, the Prime Minister in 1994 
publicly castigated the writer Catherine Lim for two opinion pieces 
published in the local press that were mildly critical of the ruling 
party's authoritarian style. The Prime Minister suggested that such 
comments would be legitimate only if uttered in a formal political 
context.
    The Government strongly influences both the print and the 
electronic media. Singapore Press Holdings Ltd. (SPH), a private 
holding company with close ties to the Government, owns all general 
circulation newspapers in the four official languages--English, 
Chinese, Malay, and Tamil. The Government must approve, and can remove, 
the holders of SPH management shares, who have the power to appoint or 
dismiss all directors or staff. Hence, while newspapers print a large 
and diverse selection of articles from domestic and foreign sources, 
their editorials, coverage of domestic events, and coverage of 
sensitive foreign relations issues closely reflect government policies 
and the opinions of government leaders. Government leaders often 
criticize what they call the ``Western model'' of journalism, in which 
the media are free to report the news as they see it. Government 
officials argue that the role of the domestic media is to act 
responsibly, which generally isunderstood to mean support for the goals 
of the elected leadership and preservation of social and religious 
harmony.
    A wide range of international magazines and newspapers may be 
purchased uncensored, although newspapers printed in Malaysia may not 
be imported. A 1990 law requires foreign publications that report on 
politics and current events in Southeast Asia to register and post a 
$141,000 (S$234,000) bond, and name a person in the country to accept 
legal service. These requirements strengthen government control over 
foreign media. The Government may ban the circulation of domestic and 
foreign publications under provisions of the ISA and the UPA.
    Under amendments to the Newspaper and Printing Presses Act, the 
Government may limit the circulation of foreign publications that it 
determines interfere in domestic politics. The weekly circulation of 
the Asian Wall Street Journal (AWSJ), Asiaweek, and the Far Eastern 
Economic Review (FEER) is limited (or ``gazetted''). The fact that the 
Government gradually has raised the weekly circulation of the FEER and 
Asiaweek more or less commensurate with actual demand allows the 
Government to maintain this aspect of control over the press while 
still giving the appearance of flexibility.
    The Government has become more receptive to the presence of foreign 
correspondents and to the establishment of regional headquarters by 
foreign or international media, whose numbers have increased in recent 
years. According to the Foreign Correspondents Association, journalists 
were expected to stay in the country for 3 years, and then depart. 
However, there are a number of journalists who have been in the country 
for many years, and some report that they feel increasingly welcome.
    In March the Government announced that foreign electronic media 
would have to meet the same reporting standards as foreign print media. 
Although this was interpreted as signaling a higher level of 
censorship, specific guidelines were not provided and it was unclear 
how the policy would be enforced.
    Import of some publications is barred, and the authorities censor 
movies, television programs, video materials, computer games, and 
music. The ISA, the UPA, and the Films Act allow banning, seizing, 
censoring, or restricting written, visual, or musical materials if it 
is determined that they threaten the stability of the State, are pro-
Communist, contravene moral norms, are pornographic, show excessive or 
gratuitous sex and violence, glamorize or promote drug use, or incite 
racial, religious, or linguistic animosities. Polls indicate that there 
is strong public support for continued censorship of sex and violence 
in films. There is a list of banned films, which is not made public. 
Certain films that might be barred from general release may be allowed 
limited showings, either censored or uncensored, with a special rating.
    The UPA was amended in 1998 to include compact discs, sound 
recordings, pictures, and computer-generated drawings, and to raise the 
fine for distribution or possession of banned publications. The list of 
banned English-language publications consists primarily of sexually 
oriented materials, but also includes some religious and political 
publications. The Films Act was amended in 1998 to ban political 
advertising using films or videos. The Government justified the ban as 
protecting politics from sensationalism, innuendo, and inaccuracy, but 
one effect was to further restrict an already limited range of what was 
deemed acceptable political discourse (see Section 3). Opposition 
politician Chee Soon Juan alleged that prominent bookstores, influenced 
by the Government, refused to carry copies of a book he authored. He 
also alleged that, after his book was printed in Malaysia, the 
Government would not allow its import. The government-linked holding 
company, Singapore International Media Pte Ltd., has a near monopoly on 
broadcasting. Subsidiaries operate all 4 broadcast television channels 
and 10 of the 15 domestic radio stations. Of the five remaining radio 
stations, four are owned by organizations with close government 
affiliation--two by the Singapore Armed Forces Reservists' Association 
(SAFRA) and two by the National Trade Union Congress (NTUC). Only one, 
the British Broadcasting Corporation (BBC) World Service, is completely 
independent of the Government. Some Malaysian and Indonesian television 
and radio programming can be received, but satellite dishes are banned, 
with few exceptions.
    The Singapore Broadcasting Authority (SBA), established in 1994 to 
regulate and promote the broadcasting industry, develops censorship 
standards with the help of a citizen advisory panel. Since 1996 the SBA 
has regulated access to material on the Internet, using a framework of 
web site licenses to encourage accountability and responsible use of 
the Internet. It alsoregulates Internet material by licensing Internet 
service providers who install ``proxy servers'' through which local 
users must route their Internet connections. These act as a filter for 
objectionable content and can block access to certain sites. While the 
Government does not classify regulation of the Internet as censorship, 
the SBA directs service providers to block access to web pages that, in 
the Government's view, undermine public security, national defense, 
racial and religious harmony, and public morals. In September 1996, the 
SBA ordered Internet service providers to block access to about a dozen 
sites deemed to violate these rules. A number of prohibited sites are 
blocked. Most of these sites are believed to be pornographic in nature; 
however, it is difficult to verify this because the list of sites is 
not a matter of public record.
    In 1997 the SBA announced a new Internet Code of Practice to 
further clarify what types of material were forbidden and specify the 
responsibilities of Internet providers. The SBA has stated that it has 
no intention of monitoring Internet or e-mail use but intended to block 
access to material that contained pornography or excessive violence or 
that incites racial or religious hatred. However, several recent 
incidents demonstrate how closely the Government can monitor Internet 
use (see Section 1.f.).
    Under the Public Entertainment Act (PEA), a permit is required for 
any form of public speech or entertainment. Two cases in late 1998 and 
early 1999 sparked discussion on whether laws that regulate freedom of 
speech should be changed. Chee Soon Juan, secretary-general of the 
opposition Singapore Democratic Party (SDP) gave two public speeches to 
crowds of approximately 200 persons without first obtaining a permit; 
one on December 29, 1998, and the other on January 5. In his speeches, 
Chee attacked the Government for lack of accountability in its 
stewardship of public funds, and called for greater freedom of speech. 
He was tried and convicted in both cases for violating the PEA. In the 
first case Chee served 7 days in prison after refusing to pay an $840 
(S$1,400) fine, and in the second case he served an additional 12 days 
in prison after refusing to pay a $1,140 (S$1,900) fine. Chee claimed 
that on several previous occasions, his party applied for public 
speaking permits under the PEA that were denied or approved so late 
that the event had to be canceled. As a consequence, he said, he 
believed that he had no alternative but to speak without a permit. In 
the second instance, Chee appealed the fine, whose level would have, by 
law, made him ineligible to stand for election for 5 years. The Chief 
Justice of the Supreme Court dismissed the appeal but nonetheless 
lowered the fine below the election-barring limit. In February after 
Chee's second conviction, the SDP released a statement on his behalf 
that argued that Chee's right to free speech provided for in the 
Constitution had been violated by an unconstitutional and undemocratic 
law implemented by the ruling regime to deny the opposition from the 
opportunity to reach out effectively to the citizenry (see Section 3). 
In the second trial, Chee was tried with Wong Hong Toy, another SDP 
member; Wong was convicted of abetting Chee by carrying a speaker, 
adjusting the volume of the speaker during the speech, and adjusting a 
microphone.
    Government leaders from time to time have used defamation suits or 
the threat of such actions to discourage public criticism and 
intimidate opposition politicians and the press. The unbroken success 
of government leaders' suits has fostered caution about political 
speech among the public and a culture of self-censorship within the 
news media, and has demonstrated vividly the perils of engaging in 
opposition politics.
    In November 1998, a group of 10 plaintiffs, including a PAP M.P., 
won a defamation suit against the WP, based on an editorial in the 
party newspaper that accused organizers of a Tamil language promotion 
of ``prostituting'' themselves for political gain. The defendants, who 
included party secretary general J.B. Jeyaretnam and the writer of the 
editorial, as well as the party itself, lost their May appeal. When the 
defendants did not pay, the plaintiffs threatened to dissolve the WP on 
grounds of insolvency, and threatened bankruptcy proceedings against 
the other two defendants, which also would have deprived Jeyaretnam of 
his parliamentary seat. These bankruptcy proceedings later were 
suspended (see Section 3).
    There were no new defamation cases filed directly by government 
figures during the year. However, four cases decided since 1995 
continued to have a strong influence on public perceptions of how 
freely citizens could speak and publish, particularly on political 
matters. These included a record 1995 defamation judgment of $678,000 
(S$950,000) against the International Herald Tribune (IHT) in a case 
brought by Senior Minister Lee Kuan Yew, Prime Minister Goh Chok Tong, 
and Lee's son, DeputyPrime Minister Lee Hsien Loong, for a 1994 article 
that allegedly suggested that the younger Lee was appointed to his post 
on account of his father. Also in 1995, a then-visiting academic, Dr. 
Christopher Lingle, the IHT, and the IHT's Singapore printer were fined 
for contempt of court and, in a related civil libel suit, agreed to pay 
damages for an IHT article that was interpreted as critical of the 
country's judiciary. More recently, two defamation suits instituted by 
the Prime Minister and other political leaders in 1997 against two 
Workers' Party members--Tang Liang Hong and J.B. Jeyaretnam--led to the 
award of substantial damages to the plaintiffs for statements made by 
the defendants during the 1997 election campaign (see Section 3). The 
Prime Minister began, but later suspended, bankruptcy proceedings 
against Jeyaretnam during the year.
    Following the two convictions of Chee Soon Juan, members of an 
independent political discussion group proposed, in a newspaper opinion 
piece, the creation of ``Hyde Park-like'' free speech areas in the 
country. Senior Minister Lee Kuan Yew indicated in an interview that 
such free speech areas might be possible, but the Prime Minister later 
explicitly ruled them out for the time being. He contended that, given 
regional and internal ethnic and religious sensitivities, the country 
was not ready for such a development.
    During the year, the print media included an extensive and more 
open discussion of the issue of free speech and of a free press. This 
included reporting of public figures' comments on the subject, press 
opinion pieces, and letters to the editor, which included the Prime 
Minister's response to opinion pieces that contained criticism of the 
Government. This discussion was prompted partly by the arrests of Chee 
Soon Juan for speaking without a permit. However, while the media gave 
Chee's two speeches fairly prominent coverage, local media reported the 
events more or less factually, emphasizing Chee's challenge of the law 
but giving the substance of his speech or his replies to government 
attacks on the right to free speech only passing mention. None of the 
local press made any specific editorial comment. The Government also 
solicited the views of citizens on free speech issues through a set of 
committees established to explore policy alternatives; however, the 
Government controlled the committees' agendas and membership.
    All public institutions of higher education and think tanks are 
linked closely to the Government. Although faculty members technically 
are not government employees, in practice, they are subject to 
potential government influence. Academics speak and publish widely, and 
engage in debate on social and political issues. However, they are 
aware that public comments outside the classroom or academic 
publications that venture into the ``out of bounds'' areas--criticism 
of political leaders or sensitive social and economic policies, or 
comments that might disturb ethnic or religious harmony or that appear 
to advocate partisan political views--could subject them to sanctions. 
Publications by local academics and members of think tanks rarely 
deviate substantially from government views.
    During the year, the Prime Minister appeared to encourage greater 
political involvement among university students by urging them to 
establish political ``associations''; however, such associations are to 
be formed only with the understanding that they can not become 
alternative parties.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
grants citizens the right of peaceful assembly but permits Parliament 
to impose restrictions ``as it considers necessary or expedient'' in 
the interest of security, and the Government restricts this right in 
practice. Assemblies of more than five persons in public, including 
political meetings and rallies, must have police permission. 
Spontaneous public gatherings or demonstrations virtually are unknown. 
The Government closely monitors political gatherings regardless of the 
number of persons present. Persons who wish to speak at a public 
function, excluding functions provided by or under the auspices of the 
Government, must obtain a public entertainment license from the police. 
Opposition politicians routinely experienced delays before being 
notified of the decision on their applications, although the Government 
claims that the delays come only because the applications were 
submitted late (see Section 3). In one trial during the year, the 
police officer charged with approving applications admitted that he 
routinely sent all opposition speech permit applications to the 
Ministry for Home Affairs. Following his convictions for speaking in 
public without a permit, opposition politician Chee Soon Juan applied 
for a permit but was refused (see Sections 2.a. and 3).
    In May there were two small, peaceful demonstrations by Chinese 
students in front of a foreign embassy. The police, who arrived 
promptly on the scene for both demonstrations, allowed the 
demonstrators to remain despite the fact that the demonstrations 
violated the law. Such noninterference in an unlawful demonstration 
virtually was unprecedented.
    The Constitution provides for freedom of association but permits 
Parliament to impose restrictions that ``it considers necessary or 
expedient'' in the interest of security, and the Government restricts 
this right in practice. Most associations, societies, clubs, religious 
groups, and other organizations with more than 10 members must be 
registered with the Government under the Societies Act. The Government 
denies registration to groups it believes likely to be used for 
unlawful purposes or for purposes prejudicial to public peace, welfare, 
or public order (see Section 2.c.). The Government has absolute 
discretion in applying this broad and vague language to register or 
dissolve societies. It prohibits organized political activities, except 
by organizations registered as political parties. This prohibition 
limits opposition activities, and, along with other factors, restricts 
the scope of unofficial political expression and action (see Section 
3). The prohibition has less of an effect on the PAP, which, because of 
its long domination of the Government and its overwhelming 
parliamentary majority, can ostensibly use nonpolitical organizations 
such as residential committees and neighborhood groups for political 
purposes far more extensively than can opposition political parties.
    Furthermore, the recent development of government-organized and 
predominantly government-funded community development councils (CDC's) 
to promote community development and cohesion, and to provide welfare 
and other assistance services, strengthens the PAP, which monopolizes 
these CDC's even in opposition-held constituencies.
    There are relatively few nongovernmental organizations (NGO's), 
apart from ostensibly nonpolitical organizations such as religious 
groups, ethnic-affiliated organizations, and providers of welfare 
services. The dominant role of the Government in almost every facet of 
life and the limiting effect of the law on the formation of publicly 
active organizations are, in large part, responsible for this 
situation. However, during the year, a group of NGO's formed what they 
called ``the Working Committee'' as an umbrella group through which 
various NGO's can share information and cooperate to promote the 
development of civil society.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government generally respects this right in practice; 
however, the Government bans some religious groups.
    There is no state religion. However, all religious groups are 
subject to government scrutiny and must be registered legally under the 
Societies Act. The 1990 Maintenance of Religious Harmony Act (MRHA) 
made illegal what the Government deems to be the inappropriate 
involvement of religious groups and officials in political affairs. The 
act also prohibits judicial review of its enforcement or of any 
possible denial of rights arising from it. According to the Government, 
all citizens are free to practice their religion as long as the manner 
of carrying out religious activities does not breach laws relating to 
public order, public health, or morality.
    The Government plays an active, but limited, role in religious 
affairs. It does not tolerate speech or actions, including ostensibly 
religious speech or actions, that affect racial and religious harmony, 
and sometimes issues restraining orders barring persons from taking 
part in such activities. The Presidential Council for Religious Harmony 
must review such orders, and make recommendations to the President on 
whether to confirm, cancel, or alter a restraining order. The 
Government also seeks to assure that citizens, the great majority of 
whom live in publicly subsidized housing, have ready access to 
religious organizations traditionally associated with their ethnic 
groups by assisting religious institutions to find space in these 
public complexes. The Government maintains a semiofficial relationship 
with the Muslim community through the Islamic Religious Council (MUIS) 
established under the Administration of Muslim Law Act. The MUIS 
advises the Government on the Muslim community's concerns and has some 
regulatory functions over Muslim religious matters. The Government 
facilitates financial assistance to build and maintain mosques.
    Under the Societies Act, the Government has barred meetings of 
Jehovah's Witnesses and the Unification Church. The Government 
deregistered and banned Jehovah's Witnesses in 1972 on the grounds that 
its roughly 2,000 members refuse to perform military service (which is 
obligatory for all male citizens), salute the flag, or swear oaths of 
allegiance to the State. The Government regards such refusal as 
prejudicial to public welfare and order. While the Government has not 
outlawed the profession or propagation of the beliefs of Jehovah's 
Witnesses, and does not arrest members merely for being believers, the 
result of deregistration has been to make meetings of Jehovah's 
Witnesses illegal. The Government also has banned all written materials 
published by the International Bible Students Association and the Watch 
Tower Bible and Tract Society, both publishing arms of Jehovah's 
Witnesses. In practice this has led to confiscation of Bibles published 
by the group, even though the Bible itself has not been outlawed.
    In 1998 two members of Jehovah's Witnesses were convicted of 
possession of unlawful written materials. One of the two, who had a 
similar conviction in the past, was jailed for 1 week. The second 
person was fined $1,320 (S$2,190). Also in 1998, a member of Jehovah's 
Witnesses lost his lawsuit against a government school for wrongful 
dismissal in 1994, allegedly because he refused to sing the national 
anthem or salute the flag. In March the chief justice dismissed his 
appeal, stating that the application was frivolous and groundless. In 
1996 a number of members of Jehovah's Witnesses were found guilty of 
holding a meeting of a ``banned society'' and publications in their 
possession were confiscated.
    The Holy Spirit Association for the Unification of World 
Christianity, also known as the Unification Church, was dissolved in 
1982 by the Minister for Home Affairs. Missionaries, with the exception 
of members of Jehovah's Witnesses and representatives of the 
Unification Church, are permitted to work and to publish and distribute 
religious texts. However, while the Government does not prohibit 
evangelical activities in practice, it discourages activities that 
might upset the balance of intercommunal relations.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution grants citizens the 
right to move freely throughout the country; however, while the 
Government generally respects this right in practice, it limits it in a 
few respects. For example, citizens' choice of where to live may be 
limited by the Government's policy of assuring ethnic balance in 
publicly subsidized housing, in which the great majority of citizens 
live (see Section 1.f.). The Government requires all citizens and 
permanent residents over the age of 12 to register and to carry 
identification cards. The Government may refuse to issue a passport and 
has done so in the case of former ISA detainees. Under the ISA, a 
detainee's movement may be restricted, although this provision normally 
is a part of the process of relaxing the conditions of detention and 
has been used very seldom in recent years.
    The right of voluntary repatriation is extended to holders of 
national passports. The Government actively encourages citizens living 
overseas to return home or, at least, to maintain active ties with the 
country. A provision of law for the possible loss of citizenship by 
Singaporeans who reside outside the country for more than 10 years 
consecutively seldom is used.
    Male citizens who still have national service reserve obligations 
(normally until age 40 for enlisted men, and age 50 for officers) must 
advise the Ministry of Defense if they plan to travel overseas for less 
than 6 months, and must receive an exit permit for trips over 6 months. 
Beginning at age 11, boys' passports are restricted to 6 months. Males 
who are eligible for national service must obtain an exit permit for 
travel abroad of more than 6 months, with the exception of travel to 
peninsular Malaysia on a restricted passport.
    The law stipulates that former members of the Communist Party of 
Malaya (CPM) residing outside the country must apply to the Government 
to be allowed to return. They must renounce communism, sever all 
organizational ties with the CPM, and pledge not to engage in 
activities prejudicial to the State's internal security. In addition 
the law requires them to submit to interview by the Internal Security 
Department and to any restrictive conditions imposed on them.
    Faced with the potential for significantly increased numbers of 
migrants seeking to enter the country illegally from countries affected 
by the regional economic crisis, the Government in 1998 announced that 
none of these migrants would be regarded as refugees and that all would 
be prosecuted under the law, and, if found guilty, would be punished 
and repatriated. The Government took active steps to intercept those 
seeking to enter the country illegally by boat or across the two 
causeways linking the country with Malaysia. Approximately 65,000 
illegal immigrants were arrested in 1998, a 23 percent rise over 1997. 
The law does not include provision for granting refugee/asylee status 
in accordance with the 1951 U.N. Convention relating to the status of 
refugees and its 1967 Protocol. The Government does not offer first 
asylum. There were no reports that persons were returned forcibly to a 
country where they feared persecution. The Government neither accepted 
the Comprehensive Plan of Action for Indochinese seeking refugee status 
nor offered first asylum to refugees. Prior to 1991, the Government 
permitted Indochinese asylum seekers to disembark if a resettlement 
country promised to remove them within 90 days and if the rescuing 
vessel was in Singapore on a scheduled port of call. In 1991 the 
Government halted disembarkation on the grounds that resettlement 
countries had not honored their commitment for removal. Five Vietnamese 
asylum seekers have been allowed to remain in the country. The 
authorities permit persons of other nationalities who make claims for 
asylum to have their status determined by the U.N. High Commissioner 
for Refugees (UNHCR) for possible resettlement elsewhere.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides citizens with the right to change their 
government peacefully through democratic means, opposition parties are 
free to contest elections, and the voting and vote-counting systems are 
fair, accurate, and free from tampering. However, the PAP, which has 
held power continuously and overwhelmingly for over 3 decades, uses the 
Government's extensive powers to place formidable obstacles in the path 
of political opponents. The PAP has maintained its political dominance 
in part by developing genuine voter support through honest, effective 
administration and its strong record in bringing economic prosperity to 
the country, and, in part, by manipulating the electoral framework, 
intimidating organized political opposition, and circumscribing the 
bounds of legitimate political discourse and action. It attempts to 
intimidate the members of the opposition through the threat of libel 
suits and the subsequent loss of their political future, since large 
judgments in libel suits can lead to bankruptcy, and under the law 
bankrupt persons are ineligible to sit in Parliament. The Government 
also intimidates the opposition through the threat of potential loss of 
employment or professional licenses. Opposition politicians report that 
potential employers are reluctant to hire them or their supporters. As 
a result of these and other factors, opposition parties have been 
unable to challenge seriously the PAP's domination of the political 
system since the late 1960's.
    Singapore has a parliamentary system in which the majority party in 
Parliament has the authority to constitute the Government, which is 
headed by a Prime Minister. Parliamentary elections may be called at 
any time but must be held no later than 5 years from the date a new 
parliament first sits. During the year, the PAP held 80 of 83 elected 
seats; the opposition Singapore People's Party and the Workers' Party 
each held 1 seat. One seat, won by the PAP in the 1997 election, was 
vacated during the year by the incumbent's resignation and was not 
filled. The WP holds one ``nonconstituency'' seat based on a 
constitutional amendment that assures at least three opposition members 
in Parliament even if fewer than three actually are elected. In 
addition, the Government nominates and the President appoints 
``prominent citizens'' to serve as nominated members of parliament 
(NMP's) for 2-year terms. Nine NMP's currently sit in Parliament. 
Nonconstituency members' and NMP's voting rights are restricted.
    The country's economic success and generally honest, effective 
government under the PAP has helped the PAP maintain a solid base of 
voter support. The party has an extensive grassroots system and a 
carefully selected, highly disciplined membership, including Members of 
Parliament (M.P.'s) who maintain close contact with their constituents, 
which is responsive to constituent needs and delivers effective 
government services. However, the PAP, which virtually is synonymous 
with the Government, is not averse to using the threat to withdraw 
benefits as a way of assuring popular support. For example, during the 
1997 election campaign, the Prime Minister and other senior government 
officials pointedly warned voters thatprecincts that elected opposition 
candidates would have the lowest priority in government plans to 
upgrade public housing facilities. This heightened concerns among some 
observers about voters' genuine freedom of choice.
    The PAP also maintains its grip on power by other means, including 
patronage; strong political influence over the press and the courts; 
restrictions on opposition political activities; and complete control 
of the political process. Often these means are fully in keeping with 
the law and the normal prerogatives of government, but the overall 
effect (and, many argue, ultimate purpose) is to disadvantage and 
weaken the political opposition. The Government altered the boundaries 
of election districts in 1996, 3 months before the 1997 elections. In 
recent years, it has changed most single-seat constituencies into group 
representational constituencies (GRC's) of three, four, five, or six 
parliamentary seats, where the party with a plurality wins all the 
seats. According to the Constitution, the purpose of this change is to 
ensure ethnic minority representation in Parliament since each GRC 
candidate list must contain at least one Malay, Indian, or other ethnic 
minority candidate. However, this change has made it more difficult for 
opposition parties, all of which have very limited memberships, to fill 
multimember candidate lists, especially when one member must be an 
ethnic minority. The PAP does not suffer from this disadvantage.
    Although political parties legally are free to organize, they 
operate under the same limitations that apply to all organizations, and 
the authorities impose strict regulations on their constitutions, 
fundraising, and accountability. Government regulations hinder attempts 
by opposition parties to rent office space in government housing or to 
establish community foundations. In addition government influence 
extends in varying degrees to academic, community service, and other 
NGO's.
    A 1998 amendment to the Films Act that banned political videos and 
films put opposition parties at a disadvantage. The ban, ostensibly to 
prevent the sensationalist or emotional effect that videos or films 
could have on political issues, applied to the PAP as well as 
opposition parties. Nonetheless, it had the effect of denying 
opposition parties, which already receive far less coverage than does 
the PAP in the government-influenced press and media, a potential 
outlet for their political messages (see Section 2.a.).
    The threat of civil libel or slander suits, which government 
leaders have used consistently against political opponents and critics, 
continues to have a stifling effect on the full expression of political 
opinion and to disadvantage the formal political opposition. The Penal 
Code also provides for criminal defamation offenses; however, there are 
no reports that it is used politically.
    In the wake of the 1997 elections, a group of senior PAP leaders--
Prime Minister Goh, Senior Minister Lee, and nine other current or 
former M.P.'s--sued defeated WP candidate Tang Liang Hong for 
defamation. Most of the suits arose from responses Tang had made to the 
PAP leaders' claim, made during and after the election, that he was an 
``anti-Christian, anti-English-educated, Chinese-language chauvinist.'' 
Immediately after the election, Tang fled the country, citing death 
threats, and had not returned at year's end. In 1997 the High Court 
ordered Tang to pay the PAP leaders a record $5.77 million (S$9.58 
million) in damages. Revenue authorities also charged Tang with tax 
evasion.
    Also in 1997, the same PAP leaders who had sued Tang also filed 
defamation claims against Tang's WP colleague, party secretary general 
and nonconstituency M.P. J.B. Jeyaretnam. The plaintiffs claimed that 
Jeyaretnam defamed them by implying that they were guilty of a serious 
crime when he told an election rally that Tang had filed police reports 
against ``Goh Chok Tong and his people.'' In the first of these cases 
to be decided, that of the Prime Minister, the High Court in 1997 
awarded the Prime Minister 10 percent of the requested damages and 60 
percent of all legal costs. The Prime Minister appealed the judgment 
and, in 1998, the Appeals Court raised the damages to half of the 
requested amount and full legal costs. During the year, Goh began 
bankruptcy proceedings against Jeyaretnam that would have dissolved the 
WP and deprived Jeyaretnam of his parliamentary seat, but suspended 
them while Jeyaretnam was making payments. The remaining defamation 
suits against Jeyaretnam still were pending at year's end (see Sections 
1.e., 2.a., and 4).
    The Government also sometimes uses parliamentary censure or the 
threat of censure to humiliate or intimidate opposition leaders. For 
example in 1995, Parliament censured Chee Soon Juan, secretary general 
of the Singapore Democratic Party (SDP), for allegedly endorsing 
attacks on the judiciary by failing to contradict criticisms made by 
others on a panel of which he was a member. The SDP also was censured. 
The Government did not attribute any statement directly attacking the 
judiciary or endorsing the views of the other panelists to Chee or the 
SDP. Rather, government parliamentary leaders said that the failure of 
Chee and other SDP leaders to contradict the attacks constituted 
positive assent by ``clever omission.'' In 1996 Parliament levied fines 
on Chee and three other SDP members for alleged perjury, contempt of 
parliament, and other offenses for providing incorrect statistics to a 
special parliamentary committee examining government health care 
subsidies. Chee and his colleagues claimed that they had submitted some 
incorrect figures to the committee in error but that they had not 
intended to mislead anyone.
    Government entities also have used libel or slander suits, and 
dismissal from positions in government-related entities, to intimidate 
prominent opposition politicians. For example, in 1993 Chee was 
dismissed from his teaching position at the National University of 
Singapore for alleged irregularities involving the use of research 
funds. In the context of this case, his department chairman, who also 
was a PAP M.P., successfully sued Chee for defamation.
    The Government also has put significant obstacles in the way of 
opposition political figures' candidacy for the presidency, a largely 
ceremonial position that nonetheless has significant budget oversight 
powers, as well as some powers over civil service appointments and 
internal security affairs. In the first election of a president, in 
1993, the requirements that candidates demonstrate suitable character 
and experience in managing the financial affairs of a large 
institution, among other qualifications, were used to rule out two WP 
aspirants. The fact that many of the country's large institutions are 
government run or government linked strongly limits the chance that an 
opposition political figure could satisfy this particular criterion. On 
August 18, S.R. Nathan was declared the duly elected President. Nathan 
was the only one of four potential candidates who met all of the 
Government's strict requirements; once the others were disqualified, 
the law allowed for the actual voting to be cancelled and permitted the 
election of Nathan to be declared.
    Opposition political figures claim that such impediments are the 
root cause of the weakness of the opposition parties. The PAP claims 
that the lack of an effective opposition is due to disorganization, 
lack of leadership, and lack of persuasive alternative policies.
    During the year, Chee Soon Juan attacked the Public Entertainments 
Act as a ``sham'' that allowed the ruling party to abuse its power and 
discriminate against opposition politicians. At Chee's trial for 
violating the PEA, the judge did not permit testimony that the SDP had 
filed about 10 applications for licenses during the period 1988 through 
1995, of which about half were rejected (see Sections 1.e. and 2.a).
    There is no legal bar to the participation of women in political 
life; however, women are underrepresented in government and politics. 
Women hold 4 of the 83 elected parliamentary seats and 2 of the 9 NMP 
seats. There are no female ministers. The highest ranking woman in 
government is a senior minister of state, who in July publicly called 
for greater participation of women in the upper echelons of government. 
The Prime Minister and Deputy Prime Minister supported her call for 
greater female participation in government.
    There is no restriction in law or practice against minorities 
voting or participating in politics; they actively participate in the 
political process and are well represented throughout the Government, 
except in some sensitive military positions. Malays make up about 15 
percent of the general population and hold about the same percentage of 
regularly elected seats in Parliament. Indians make up about 7 percent 
of the general population and hold about 10 percent of the regularly 
elected seats in Parliament. Minority representation in Parliament is, 
in part, the result of a legal requirement that candidate slates in 
every multi-seat constituency must have at least one minority 
representative.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no NGO's that actively and openly monitor alleged human 
rights violations. This situation is consistent with the general lack 
of NGO's and the Government's dominance of society. While the 
Government does not formally prohibit them, efforts by independent 
organizations to investigate and evaluate government human rights 
policies would face the same obstacles as those faced by political 
parties.
    In the past, the Government denied that international organizations 
had any competence to look into human rights matters in the country 
and, for years, barred Amnesty International (AI) from visiting the 
country. During the year, a member of the International Commission of 
Jurists (ICJ) observed the appeal of Chee Soon Juan and another SDP 
member of their conviction for giving a speech without a permit (see 
Sections 1.e., 2.a., and 3). In 1997 the Government allowed observers 
from both AI and the ICJ to observe the proceedings in the defamation 
suits brought against WP Secretary General J.B. Jeyaretnam (see Section 
3). The ICJ'S and AI'S criticisms of these cases were reported fully in 
the local press, and the Government responded vigorously in the press, 
alleging bias and citing alleged factual errors.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution states that all persons are equal before the law 
and entitled to the equal protection of the law, and the Government 
carries out these provisions in practice. The Constitution contains no 
explicit provision providing equal rights for women and minorities. 
Mindful of the country's history of intercommunal tension, the 
Government takes affirmative measures to ensure racial, ethnic, 
religious, and cultural nondiscrimination. Social, economic, and 
cultural benefits and facilities are available to all citizens 
regardless of race, religion, or sex.
    Women.--There is no evidence of any widespread practice of violence 
or abuse against women. The Penal Code and the Women's Charter protect 
women against domestic violence and sexual or physical harassment. A 
battered wife can obtain court orders barring the spouse from the home 
until the court is satisfied that he has ceased his aggressive 
behavior. The Penal Code prescribes mandatory caning and a minimum 
imprisonment of 2 years for conviction on a charge of ``outraging 
modesty'' that causes the victim fear of death or injury. The press 
gives fairly prominent coverage to instances of abuse or violence 
against women. There are several organizations that provide assistance 
to abused women. The Association of Women for Action and Research 
(AWARE) has a hotline that offers counseling and legal advice. The 
Family Protection Unit documents physical and psychological abuse, and 
provides counseling and legal services to abused women. In July the 
Council of Women's Organizations established a crisis center for abused 
persons. The Star shelter accepts children, women, and men, and can 
accommodate up to 30 persons.
    In 1998 2,730 persons applied for court orders to protect 
themselves against violent family members, compared with 2,019 in 1997, 
and 1,306 in 1996. The great majority of those applying were women. 
Some of the increase is attributable to a 1997 amendment to the Women's 
Charter Act that broadened the definition of violence to include 
intimidation, continual harassment, or restraint against one's will.
    Trafficking in women for the purpose of prostitution is a limited 
problem (see Section 6.f.).
    Women enjoy the same legal rights as men in most areas, including 
civil liberties, employment, commercial activity, and education. The 
Women's Charter, enacted in 1961, gives women, among other rights, the 
right to own property, conduct trade, and receive divorce settlements. 
Muslim women enjoy most of the rights and protections of the Women's 
Charter. For the most part, Muslim marriage law falls under the 
administration of the Muslim Law Act, which empowers the Shari'a court 
to oversee such matters. Those laws allow Muslim men to practice 
polygyny. Both men and women have the right to unilateral divorce; 
however, women face significant difficulties in initiatingunilateral 
divorce proceedings, which often prevents them from trying. However, 
the Association of Muslim Professionals (AMP) reported in October that 
57 percent of the calls that its help line received were from women who 
wanted to initiate divorce proceedings.
    Women constitute 42 percent of the labor force and are well 
represented in many professions but hold few leadership positions in 
the private sector. They still hold the preponderance of low-wage jobs 
such as clerks and secretaries. The average salary of women is only 75 
percent of that of men in comparable jobs (compared to 68 percent 10 
years ago). In 1962 the Government instituted the principle of equal 
pay for equal work in the civil service and abolished separate salary 
scales in 1965.
    Some areas of discrimination remain. Children born overseas to 
female citizens are not granted citizenship automatically, while those 
of male citizens are. Female civil service employees who are married do 
not receive health benefits for their spouses and dependents as do male 
government employees. However, for the first time, beginning on January 
2, female citizens were able to sponsor their noncitizen husbands for 
citizenship.
    Children.--The Government demonstrates its strong commitment to 
children's rights and welfare through its well-funded systems of public 
education and medical care. Access to public education and medical care 
is equal for all children in society. Although school is not 
compulsory, virtually 100 percent of children are enrolled through 
grade 6 and the dropout rate for secondary school is low. The Children 
and Young Persons Act establishes protective services for orphaned, 
abused, disabled, or refractory children, and creates a juvenile court 
system. The Ministry of Community Development works closely with the 
National Council for Social Services to oversee children's welfare 
cases. Voluntary organizations operate most of the homes for children, 
while the Government funds up to 50 percent of all child costs, which 
include normal living expenses and overhead, as well as expenses for 
special schooling, health care, or supervisory needs.
    There is no societal pattern of abuse of children.
    People with Disabilities.--The Government implemented a 
comprehensive code on barrier-free accessibility in 1990, which 
established standards for facilities for the physically disabled in all 
new buildings and mandated the progressive upgrading of older 
structures. Although there is no legislation that addresses the issue 
of equal opportunities for the disabled in education or employment, the 
National Council of Social Services, in conjunction with various 
voluntary associations, provides an extensive job training and 
placement program for the disabled. Informal provisions in education 
have permitted university matriculation for visually impaired, deaf, 
and physically disabled students. The Government allows a $2,400 
(S$4,000) tax deduction for families with a disabled person. Press 
coverage of the activities and achievements of the disabled is 
extensive.
    National/Racial/Ethnic Minorities.--Ethnic Malays constitute 
approximately 15 percent of the total population. The Constitution 
acknowledges them as ``the indigenous people of Singapore'' and charges 
the Government to support and promote their political, educational, 
religious, economic, social, cultural, and language interests. Ethnic 
Malays have not reached the educational or socioeconomic levels 
achieved by the ethnic Chinese majority, the ethnic Indian minority, or 
the Eurasian community. Malays remain underrepresented at the uppermost 
rungs of the corporate ladder, and, some have claimed, in certain 
sectors of government and the military, a reflection of their 
historically lower education and economic position, but also a result 
of employment discrimination. During the year, there was great debate 
over the fact that advertisements often specify ethnicity and gender 
requirements or require fluent Mandarin speakers. The Government 
responded by issuing ``guidelines'' that called for eliminating 
language referring to age, gender, or ethnicity; restrictive language 
that referred to attributes relevant to a job, such as ``Chinese 
speaker'' or ``physically strong'' remains acceptable. These guidelines 
generally are obeyed.
    A January revision in the Chinese language curriculum in the 
country's schools, which expanded opportunities for higher Chinese 
language ignited a longstanding debate over the perceived objective of 
creating a ``Chinese elite.''The Government has taken steps to 
encourage greater educational achievement among Malay students as a key 
to economic advancement.
    The Presidential Council on Minority Rights examines all pending 
bills to ensure that they are not disadvantageous to a particular 
group. It also reports to the Government on matters affecting any 
racial or religious community and investigates complaints.
Section 6. Worker rights
    a. The Right of Association.--The Constitution provides all 
citizens with the right to form associations, including trade unions; 
however, Parliament may impose restrictions based on security, public 
order, or morality grounds. The right of association is delimited by 
the Societies Act and by labor and education laws and regulations. 
Under these laws, any group consisting of 10 or more persons is 
required to register with the Government. The Trade Unions Act 
authorizes the formation of unions with broad rights, albeit with some 
narrow restrictions, such as prohibitions on the unionization of 
uniformed employees. According to government statistics the national 
labor force comprises about 1.9 million employees, approximately 
260,000 of whom are represented by 82 employee unions. Seventy-three of 
these unions (which represent 256,000 workers), are affiliated with the 
National Trades Union Congress (NTUC), an umbrella organization that 
has a close relationship with the Government.
    The NTUC unabashedly acknowledges that its interests are closely 
linked with those of the ruling PAP, a relationship often described by 
both as ``symbiotic.'' For example, the NTUC secretary general (SG), 
Lim Boon Heng, a PAP M.P., is Minister without Portfolio and was 
formerly Second Minister for Trade and Industry. His predecessor, Ong 
Teng Cheong, the country's first elected President (1993-99) was 
simultaneously NTUC SG and Deputy Prime Minister. It is common for 
young PAP M.P.'s to be given leadership positions in the NTUC or a 
member union. NTUC policy prohibits union members who actively support 
opposition parties from holding office in affiliated unions. While the 
NTUC is financially independent of the PAP, with income generated by 
NTUC-owned businesses, the NTUC and the PAP share the same ideology and 
work closely with management in support of nonconfrontational labor 
relations.
    Workers, other than those in essential services, have the legal 
right to strike but rarely do so. No strikes have occurred since 1986. 
Most disagreements are resolved through informal consultations with the 
Ministry of Manpower. If conciliation fails, the disputing parties 
usually submit their case to the Industrial Arbitration Court, which 
has representatives from labor, management, and the Government. Besides 
these labor dispute mechanisms and the close working relationship and 
shared views among labor, management, and the Government, the 
maintenance of labor peace has been a product of high economic growth 
rates, regular wage increases, and a high degree of job mobility in a 
virtual full-employment economy. In addition the widely held view that 
labor conflict would undermine the country's economic competitiveness 
and attractiveness to investors, and a cultural aversion to 
confrontation help to maintain a harmonious labor situation. The 
economic downturn from mid-1997 to early-1999 did not alter 
significantly the tripartite consensus that labor peace is essential to 
the country's economic well being.
    The NTUC is free to associate regionally and internationally.
    b. The Right to Organize and Bargain Collectively.--Collective 
bargaining is a normal part of labor-management relations in the 
industrial sector. Agreements between management and labor are renewed 
every 2 to 3 years, although wage increases are negotiated annually. 
Yearly guidelines on raises and bonus pay issued by the National Wages 
Council (NWC), a group composed of labor, management, and government 
representatives, serve as the starting point for bargaining agreements. 
In mid-1999, in response to the economic downturn, the NWC announced a 
proposal in which a portion of future wage increases would be 
considered ``variable,'' allowing companies to eliminate that portion 
of pay on 30 days notice if financial problems necessitated it. The 
Industrial Relations Act makes it an offense to discriminate against 
anyone who is or proposes to become a member or an officer of a trade 
union. Labor laws and regulations are enforced uniformly.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Government 
prohibits forced or compulsory labor, including forced and bonded labor 
by children, and generally enforces this provision effectively. Under 
sections of the Destitute Persons Act, any indigent person may be 
required to reside in a welfare home and engage in suitable work. The 
International Labor Organization (ILO) has criticized the coercive 
terms of this act, which includes penal sanctions, as not in compliance 
with the ILO Convention on Forced Labor. The Government maintains that 
the act is social legislation that provides for the shelter, care, and 
protection of destitute persons, and that work programs are designed to 
reintegrate individuals into society.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Government enforces the Employment Act, which 
prohibits the employment of children under the age of 12. Although 
schooling is not compulsory, virtually 100 percent of school age 
children attend school (see Section 5). Restrictions on the employment 
of children between the ages of 12 and 16 are rigorous and enforced 
fully. Children under the age of 14 are prohibited from employment in 
any industrial undertakings. A child who is 12 years old or above may 
be engaged in ``light work suited to his capacity.'' A medical officer 
must certify suitability for such light work. Employers must notify the 
Commissioner of Labor within 30 days of hiring a child between the ages 
of 14 and 16 and must attach medical certification of fitness for 
employment. The incidence of children taking up permanent employment is 
low, and abuses are almost nonexistent. The Government prohibits forced 
and bonded labor by children and enforces this provision effectively 
(see Section 6.c.).
    Ministry of Manpower regulations prohibit night employment of 
children and restrict industrial work for children between the ages of 
14 and 16 to no more than 7 hours a day, including the hours spent in 
school. Children may not work on commercial vessels, with any machinery 
in motion, on live electrical apparatus lacking effective insulation, 
or in any underground job. The Minister of Manpower effectively 
enforces these laws and regulations.
    e. Acceptable Conditions of Work.--There are no laws or regulations 
on minimum wages or unemployment compensation. The labor market offers 
good working conditions and relatively high wages, which provide a 
decent standard of living for a worker and family.
    The Employment Act sets the standard legal workweek at 44 hours and 
provides for 1 rest day each week.
    Because of a domestic labor shortage, approximately 500,000 foreign 
workers are employed legally, constituting about 24 percent of the 
total work force. There are no reliable estimates of the number of 
foreigners working illegally. Most foreign workers are unskilled 
laborers and household servants from other Asian countries. Foreign 
workers face no legal wage discrimination. However, they are 
concentrated in low-wage, low-skill jobs and often are required to work 
long hours. Most foreign construction workers live on-site in 
substandard conditions. Although the great majority of the more than 
100,000 maids (mainly from the Philippines, Indonesia, and Sri Lanka) 
work under clearly outlined contracts, their low wages, their 
dependence on their employers for food and lodging, and the fact that 
they often live and work relatively isolated from the rest of society 
make them vulnerable to mistreatment and abuse. In 1998 Parliament 
passed an amendment to the Penal Code, in response to a reported 
increase in cases of maid abuse, which raised the punishment for 
confining or sexually or physically abusing a maid. The authorities 
have fined or imprisoned employers who have abused domestics, often 
with great publicity. During the year, newspapers ran several stories 
on maids who had misused the law, filing wrongful abuse charges.
    Most maids work 6 days per week from very early morning until late 
in the evening. Many contracts allow only 1 day off per month. 
Contracts often stipulate that, even when she is ostensibly not 
working, a maid must remain on the premises except for official duties 
or on her day off. According to Ministry of Manpower Statistics, wages 
average around $250 per month (not including free room and board). 
Maids must often put aside most or all of their wages for the first 
several months of employment to reimburse their placement agents. Work 
permits for low-wage workers stipulate the cancellation of such permits 
if workers apply to marry or marry a citizen or permanent resident.
    Although many lower paid foreign workers not covered under the 
Employment Act are ineligible for the limited free legal assistance 
that is available to citizens, the Ministry of Manpower also offers 
mediation services for all employees, foreign or local. The Government 
allows complainants to seek legal redress.
    The Ministry of Manpower effectively enforces laws and regulations 
establishing working conditions and comprehensive occupational safety 
and health laws. Enforcement procedures, coupled with the promotion of 
educational and training programs, have been implemented to reduce the 
frequency of job-related accidents. While a worker has the right under 
the Employment Act to remove himself from a dangerous work situation, 
his right to continued employment depends upon an investigation of the 
circumstances by the Ministry of Manpower.
    f. Trafficking in Persons.--The three major laws that govern 
trafficking and prostitution are the Women's Charter, the Children and 
Young Person's Act, and the Penal Code. The laws make trafficking in 
women and children--whether or not it is related to prostitution--
punishable by up to 5 years' imprisonment, a $10,000 (S$16,600) fine, 
and caning. The Penal Code covers trafficking and wrongful constraint 
of men.
    There is evidence that the country is a destination for trafficking 
in women for the purpose of prostitution, primarily from Thailand and 
Malaysia. Police reportedly conduct raids about once a month in an 
effort to maintain some control over the situation.
    One local NGO offers sex workers counseling services; it is not 
empowered to provide protection.
                                 ______
                                 

                            SOLOMON ISLANDS

    Solomon Islands, with a population of approximately 450,000, 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 50 members. Executive authority is 
vested in the Prime Minister and his Cabinet. The Prime Minister, 
elected by a majority vote of Parliament, selects his own Cabinet. 
Political legitimacy derives from direct election by secret ballot. 
There have been five general elections since independence in 1978, most 
recently in August 1997. The judiciary is independent.
    A police force of approximately 900 persons under civilian control 
is responsible for law enforcement and border security.
    About 75 percent of the population engage to some extent in 
subsistence farming and fishing and have little involvement in the cash 
economy. Commercial activities include some plantation production of 
copra, cocoa, and palm oil, one fish cannery, a gold mine on 
Guadalcanal, and small resort and diving enterprises. During the year, 
the Government successfully realized economic reform goals by repaying 
debt and reducing the size of the public service. However, ethnic 
conflict on Guadalcanal closed the nation's largest palm oil 
plantation, seriously disrupted economic activity in and around the 
city of Honiara, and disrupted tourism. The Government estimates that 
it will lose about $10 million in revenue as a result of the plantation 
closure and will have to spend an unbudgeted $10 million to protect and 
resettle displaced persons.
    Basic individual rights are provided for in the Constitution, 
generally respected by authorities, and defended by an independent 
judiciary; however, some rights were suspended during a state of 
emergency. There was one instance of extrajudicial killing by police. 
During the year, ethnic violence perpetrated by some indigenous 
residents of Guadalcanal against immigrants from Malaita (both 
constituent parts of the country) led to several deaths, kidnapings, 
and the flight of nearly 23,000 persons from Guadalcanal. To deal with 
this crisis, the Parliament enacted a 4-month state of emergency on 
June 17, which extended the arrest and search powers of the police and 
resulted in infringements on citizens' rights and also included limits 
on press reporting and freedom of association. The police commissioner 
denied a demonstration permit to a labor group. Violence and 
discrimination against women continued to be problems.
    Guadalcanal militants committed a number of abuses.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--In confrontations 
with armed Guadalcanal militants, police shot and killed at least two 
persons and perhaps as many as six. In one of the cases, a police 
shooting in January, New Zealand police invited to investigate the 
incident by the Government found that the police officer who fired the 
shot acted outside his orders. He was tried and found guilty of 
manslaughter.
    The violence began in January when Guadalcanal militants began 
attacking homesteads and workplaces of persons originally from the 
island of Malaita. There is considerable confusion, but it is estimated 
that the militants killed 12 persons (see Section 1.b.).
    b. Disappearance.--There were no reports of politically motivated 
disappearances due to the actions of government officials. Guadalcanal 
militants admitted to kidnaping a prison officer, and 17 other persons 
were reported missing on Gualdalcanal. Some of the missing may have 
been killed; others are believed to be held by militants.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--These practices are prohibited by law, and authorities 
generally respect these provisions in practice. Complaints of excessive 
use of force by police when making arrests, as well as other complaints 
about police behavior, are handled by an internal police department 
investigations office or by the courts. In 1998 the police opened a 
public complaints office in the capital. There were no reports of 
excessive use of force by the police during the year, with the 
exception of the police officer found guilty of manslaughter for 
killing a Guadalcanal militant (see Section 1.a.).
    Conditions in the country's two prisons meet minimum international 
standards. Following the outbreak of militant attacks, the rural prison 
in Gualdalcanal was closed, and theprisoners were moved to the prison 
in Honiara for their safety. Although the prison buildings are old, 
they are clean, the plumbing appears to work, and the prisoners appear 
healthy. Due to the influx of prisoners from the minimum-security 
prison and additional arrests due to the ethnic strife, the prison 
population is now greater than the capacity of the prison. Several 
cells built for four persons now hold six, and a number of prisoners 
sleep dormitory style on the floor of the covered inner courtyard of 
one of the prison buildings. The female wing of the prison is being 
used for male prisoners, and the sole female prisoner is housed in the 
warden's conference room, next to the jail reception area. A new prison 
complex, slated for completion in 1997, was to have provided separate 
facilities for short-, medium-, and long-term prisoners, as well as for 
juvenile offenders. It remains uncompleted due to a lack of funds. A 
government-appointed Committee on the Prerogative of Mercy, composed of 
church and social leaders, recommends pardons for rehabilitated 
prisoners, and at year's end the Government at the Committee's 
recommendation pardoned 11 prisoners serving life sentences.
    The Government permits prison visits by human rights monitors. An 
International Committee of the Red Cross (ICRC) team in Honiara 
monitors the prisons regularly, and an Amnesty International team 
visited the prison in late September.
    d. Arbitrary Arrest, Detention, or Exile.--In general there were no 
reports of politically motivated arrests or detentions; however, the 
emergency order allowed police to arrest persons for association with 
militant groups on Guadalcanal.
    Exile is not practiced.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and it is independent in practice.
    The judicial system consists of a High Court and magistrates' 
courts. Accused persons are entitled to counsel. However, during the 
year, the public solicitor, who is charged with providing counsel to 
persons who cannot afford a private attorney, reported that due to 
limited resources, his office could accept only those cases in which 
persons faced serious charges or those involving the protection of 
children. The law provides for a judicial determination of the legality 
of arrests. Officials found to have violated civil liberties are 
subject to fines and jail sentences.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--In addition to legal provisions, the traditional 
culture provides strong protection against these types of abuses; 
however, during the emergency order police were allowed to search 
without warrant, and vehicles were searched routinely for weapons. A 
constitutionally provided ombudsman, with the power of subpoena, can 
investigate complaints of official abuse, mistreatment, or unfair 
treatment. The Ombudsman's Office did not report any incidents 
involving interference with these rights. While the Ombudsman's Office 
has potentially far-ranging powers, it is limited by a shortage of 
investigators and other resources.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Government generally respects 
the constitutional provisions for freedom of speech and of the press. 
Although the emergency order prohibited the publication of anything 
that might incite further violence or ethnic hatred, press sources 
confirm that factual reporting was not stopped. No censor was 
established, although the Government exercised its powers under the 
order to prevent the publication of a classified government document. 
The national radio station stopped rebroadcasting items on the ethnic 
unrest from foreign sources. However, foreign journalists continued to 
work freely in the country.
    The media comprise the Solomon Islands Broadcasting Corporation 
(SIBC), a statutory body that comes directly under the Prime Minister's 
office and whose radio broadcasts are heard throughout the country; a 
privately owned FM radio station; and three privately owned weekly or 
semiweekly newspapers. Given the high rate of illiteracy, the SIBC is 
more influential than the print media. The Department of Information in 
the Prime Minister's office publishes a monthly newspaper, which is 
strongly progovernment. At least two nongovernmental organizations 
(NGO's) publish periodic news journals; their environmental reporting 
frequently is critical of theGovernment's logging policy and foreign 
logging companies' practices. A private company transmits one 
Australian television channel to the country. The system incorporates 
occasional government press conferences in its program.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of association; however, under the emergency 
order, the Government banned membership in Guadalcanal militant groups. 
Demonstrators must obtain permits. In March the police commissioner 
denied a permit to a labor group that, he said, had not used normal 
consultative means to attain the purposes for which its member intended 
to demonstrate.
    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government respects this provision in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Government places no restrictions on 
the movement of citizens within or out of the country. However, the 
militants are demanding that the people indigenous to each island be 
given authority to determine who may or may not enter their island. 
Native-born citizens may not be deprived of citizenship on any grounds.
    The Red Cross estimates that nearly 23,000 Malaitans fled their 
homes on Guadalcanal for Malaita during the year. The Government, 
assisted by national and international organizations, provided the 
refugees with temporary shelter in Honiara, transport, and some 
resettlement assistance. An uncounted number of Guadalcanal villagers 
also abandoned their homes to hide in the bush for extended periods, 
due to fear of militant and police activity or retribution from 
dispossessed Malaitans.
    Although a party to the 1951 U.N. Convention Relating to the Status 
of Refugees and its 1967 Protocol, the Government has not enacted 
domestic legislation or procedures for making formal refugee 
determinations. The Government cooperates with the U.N. High 
Commissioner for Refugees (UNHCR) and the Red Cross in determining 
refugee status, and has not returned persons to a country where they 
fear persecution.
    The Government provided first asylum to persons from Papua New 
Guinea's Bougainville Island, who fled the conflict that started there 
in 1989. Following the 1998 peace settlement, many have returned home. 
According to the UNHCR, there are less than 50 persons from 
Bougainville in the country who meet the criteria for refugee status. 
In September the Solomon Islands Red Cross reported that 
Bougainvillians sheltering in the country, who were not considered 
refugees, had been returning to Bougainville during the year. Most of 
those who remained were employed professionals, and none were in Red 
Cross care shelters.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens have the right to change their government through periodic 
free elections. Since independence in 1978, there have been five 
parliamentary elections, most recently in August 1997, and several 
elections for provincial and local councils. On four occasions, changes 
of government resulted from either parliamentary votes of no confidence 
or the resignation of the Prime Minister. Suffrage is universal for 
those 18 years of age and over.
    Traditional male dominance has limited the role of women in 
government. Although 14 women ran for Parliament in the 1997 elections, 
only 1, an incumbent, was elected.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no restrictions on the formation of local organizations 
to monitor and report on human rights. The Solomon Islands Development 
Trust has both development and human rights objectives. The ICRC has an 
office in Honiara, and an Amnesty International team visited the 
country in mid-September.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides that no person--regardless of race, place 
of origin, political opinion, color, creed, or disability--shall be 
treated in a discriminatory manner in respect of access to public 
places. The Constitution further prohibits any laws that would have 
discriminatory effects and provides that no person should be treated in 
a discriminatorymanner by anyone acting in an official capacity. 
Despite constitutional and legal protections, women remain the victims 
of discrimination in this tradition-based society. Unemployment is 
high, and there are limited job opportunities for the disabled.
    Women.--While actual statistics are scarce, incidents of wife 
beating and wife abuse appear to be common. In the rare cases that are 
reported, charges often are dropped by the women before the court 
appearance or are settled out of court. The magistrates' courts deal 
with physical abuse of women as with any other assault, although 
prosecutions are rare. During the year, the Police Department continued 
a series of lectures on domestic violence and child abuse for police 
officers and for the community. Police officers are now ordered to 
treat all such incidents like any other criminal offense.
    The law accords women equal legal rights. However, in this 
traditional society men 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 jobs 
inhibits the entry of women into the work force. The majority of women 
are illiterate; this is attributed in large part to cultural barriers. 
The National Council of Women and other NGO's have attempted to make 
women more aware of their legal rights through seminars, workshops, and 
other activities. The Government's Women Development Division also 
addresses women's issues.
    Children.--Within the limits of its resources, the Government is 
committed to the welfare and protection of the rights of children. 
There is no compulsory education, and, according to some estimates, 
only 60 percent of school-age children have access to primary 
education; the percentages of those attending secondary and tertiary 
institutions are much smaller. Children are respected and protected 
within the traditional extended family system, in accordance with a 
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 societal pattern of abuse. The 
Constitution grants children the same general rights and protection as 
adults. Existing laws are designed to protect children from sexual 
abuse, child labor, and neglect.
    People with Disabilities.--There is no law or national policy on 
the disabled, and no legislation mandates access for the disabled. 
Their protection and care are left to the traditional extended family 
and nongovernmental organizations. 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. The Solomon Islands Red Cross continued to conduct private 
fund-raising efforts to build a new national center for disabled 
children.
    National/Racial/Ethnic Minorities.--The country is composed of over 
27 islands with approximately 70 language groups. In the precolonial 
era, these groups existed in a state of endemic warfare with one 
another, and even today many islanders see themselves first as members 
of a clan, next as inhabitants of their natal island, and only third as 
citizens of their nation. Over the past century, many persons from the 
poor, heavily populated island of Malaita have settled on Guadalcanal 
where the resentment they engendered culminated in violence this year 
(see Sections 1.a. and 1.b.).
Section 6. Worker Rights
    a. The Right of Association.--The Constitution implicitly 
recognizes the right of workers 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. Only about 10 to 15 percent of the population 
participate in the formal sector of the economy. Approximately 60 to 70 
percent of wage earners are organized (90 percent of employees in the 
public sector and about 50 percent of those in the private sector).
    The law permits strikes. Disputes are usually referred quickly to 
the Trade Disputes Panel (TDP) for arbitration, either before or during 
a strike. In practice the small percentage of the work force in formal 
employment means that employers have ample replacement workers if 
disputes are not resolved quickly. However, employees are protected 
from arbitrary dismissal or lockout while the TDP is deliberating.
    Unions are free to affiliate internationally, and the largest trade 
union, the Solomon Islands' National Union of Workers, is affiliated 
with the World Federation of Trade Unions, the South Pacific Oceanic 
Council of Trade Unions, and the Commonwealth Trade Union Congress.
    b. The Right to Organize and Bargain Collectively.--The Trade 
Disputes Act of 1981 provides for the rights to organize and to bargain 
collectively, and unions exercise these rights frequently.
    Wages and conditions of employment are determined by collective 
bargaining. If a dispute between labor and management cannot be settled 
between the two sides, it is referred to the TDP for arbitration. The 
three-member TDP, composed of a chairman appointed by the judiciary, a 
labor representative, and a business representative, is independent and 
neutral.
    The law protects workers against antiunion activity, and there are 
no areas where union activity is officially discouraged.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced labor, including forced and bonded labor by children, 
and, except as part of a court sentence or order, this prohibition is 
observed.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law forbids child labor by children under the age of 
12, except light agricultural or domestic work performed in the company 
of parents. Children under age 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.
    Forced and bonded labor by children is prohibited constitutionally 
and is not known to occur (see Section 6.c.).
    e. Acceptable Conditions of Work.--The minimum wage rate is $0.31 
per hour (1.50 Solomon Islands dollars) for all workers except those in 
the fishing and agricultural sectors, who receive $0.25 (1.25 Solomon 
Islands dollars). The legal minimum wage is not sufficient to support 
an urban family living entirely on the cash economy. However, most 
families are not dependent solely on wages for their livelihoods.
    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 is limited to 6 days per week. There are provisions for 
premium pay for overtime and holiday work and for maternity leave.
    Malaria is endemic in the country and affects the health of many 
employees. Agricultural workers have a high risk of contracting 
malaria. Ethnic tensions on Guadalcanal, the most economically 
developed island in the country, resulted in the disruption of economic 
activity and some employment opportunities. In June Solomon Islands 
Plantation Ltd. closed its facilities following attacks on its workers. 
About 2,000 employees were evacuated. Militants have prevented the 
return of the work force, 60 percent of whom are Malaitan.
    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 complaints rather than routinely monitoring adherence to the 
law. The extent to which the law is enforced in smaller establishments 
and in the subsistence sector is unclear. Safety and health laws appear 
to be adequate. The Safety at Work Act requires employers to provide a 
safe working environment and forbids retribution against an employee 
who seeks protection under labor regulations or removes himself from a 
hazardous job site.
    f. Trafficking in Persons.--The Constitution does not prohibit 
trafficking in persons; however, there were no reports that persons 
were trafficked in, to, or from the country.
                                 ______
                                 

                                THAILAND

    Thailand is a democratically governed constitutional monarchy that 
until 1992 had a history of military coups and powerful bureaucratic 
influences on political life. Since 1992 there have been four national 
multiparty elections, which transferred power to successor governments 
through peaceful, democratic processes. The King exerts strong informal 
influence, but has never used his constitutionally mandated power to 
veto legislation or dissolve the elected House of Representatives. 
There is a bicameral Parliament. The coalition Government, led by Prime 
Minister Chuan Leekpai's Democrat Party, was formed in November 1997, 
following the resignation of Prime Minister Chavalit Yongchaiyudh. The 
judiciary is independent, but is subject to corruption.
    The security forces have wide-ranging legal powers, derived 
primarily from past militarily controlled administrations. Since 1992 
the armed forces have become increasingly professional and increasingly 
subject to civilian control. Their influence in politics has been 
diminishing. The Royal Thai Police have primary responsibility for 
internal security and law enforcement. Elements of both the armed 
forces and the police have a reputation for corruption. Some members of 
the security forces committed serious human rights abuses.
    Thailand is a newly industrializing country with a strong tradition 
of private enterprise, although state enterprises play a significant 
role in some sectors. A financial crisis that began in July 1997 led to 
a severe contraction in economic growth through early 1999. The economy 
returned to moderate positive growth in April, reaching 4 percent for 
all of 1999. Annual per capita income, which peaked at $3,000 in 1996, 
was about $2,000, largely due to the depreciation of the baht. Although 
the manufacturing and services sectors accounted for approximately half 
the gross domestic product, between 50 and 60 percent the population is 
rural and agrarian. Government efforts to close the gap between urban 
and rural living standards have met with only mixed success. Government 
regulations generally provide protection for individual economic 
interests, including property rights. However, lack of transparency in 
bureaucratic decisionmaking and a gap between regulation and 
enforcement sometimes leads to uneven commercial treatment for some 
firms and institutions, and some areas of the Government remain subject 
to corruption.
    The Government generally respected the human rights of its 
citizens; however, some significant problems remain in several areas. 
Police officers killed a number of criminal suspects while attempting 
to apprehend them. The Government investigated some members of the 
security forces who were accused of extrajudicial killings; however, it 
remained reluctant to prosecute vigorously those who committed such 
abuses, resulting in a climate of impunity. Police occasionally beat 
suspects, at times to coerce confessions; authorities investigated an 
incident in which 3 prisoners were beaten to death during an escape 
attempt. An ingrained culture of corruption persists in many parts of 
the civilian bureaucracy and in the security forces. Routine demands 
for bribes undermine the rule of law and permit the continuation of 
various illegal activities, such as income tax evasion, gambling, 
trafficking, goods smuggling, and prostitution. Enforcement of a broad 
range of laws and regulations by police continues to be noticeably lax.
    Conditions in prison and immigration detention facilities are poor 
due to severe overcrowding, and lengthy pretrial detention and the 
prolonged detention of some aliens remain problems. The judiciary 
suffers from corruption, and at times security forces infringed on 
citizen's privacy rights. The media practiced some self-censorship, and 
there were some restrictions on freedom of movement.
    At times the Government hindered the activity of human rights 
groups. Although the enactment of the 1997 Constitution resulted in 
increased legal protections for women and the disabled, some inequities 
in the law remain. Violence against women, societal discrimination 
against women, trafficking in women and children, and forced 
prostitution are problems. Societal discrimination against indigenous 
people, and religious and ethnic minorities persists. Forced labor, and 
illegal child labor also remain problems.
    The 1997 Constitution contains provisions designed to combat 
corruption and increase government accountability, transparency, and 
public participation in the political process. The Government has 
adopted implementing legislation to bring government practice in line 
with these reforms over the last 2 years. In November, as mandated by 
the Constitution, new legislation established a permanent National 
Commission on Human Rights.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of politically motivated killings by government agents; 
however, legal organizations, reputable nongovernmental organizations 
(NGO's), and the press continued to provide credible reports that some 
police officers used unwarranted lethal force in apprehending criminal 
suspects. Armed narcotics traffickers, in particular, continue to 
confront police officers, resulting in the use of deadly force by 
officers during some narcotics-related arrests. Police killed several 
criminal suspects during the year. The Law Society of Thailand also 
stepped up its monitoring of extrajudicial killings in May after police 
killed five suspected car thieves during arrest attempts in that month.
    The police carried out internal investigations into some cases of 
alleged extrajudicial killing; however, the authorities prosecuted few 
police or military officers accused of such abuses. A highly publicized 
case involved police officers in Pak Kret in Nonthaburi Province who in 
June shot and killed a man suspected of car theft. Police ordered an 
internal investigation after witnesses claimed that the suspect had 
been abducted the previous day. There was physical evidence that 
suggested that the suspect may have been handcuffed before he was shot. 
In August police arrested the two senior police officers on the Pak 
Kret arrest team on charges of abduction and murder. The officers were 
released on bail, and the case has not yet been brought to trial. In a 
case of death in official custody, in June three would-be escapees from 
Udon Thani provincial prison who reportedly killed a prison guard 
during their escape attempt were intercepted and beaten to death by a 
group that included guards and other prison inmates who were not 
restrained. Civil authorities forwarded the case to the Udon Thani 
provincial court, which started legal proceedings to determine whether 
the killings were justified; these proceedings were still underway as 
of September. The Department of Corrections also initiated an internal 
investigation.
    The Government investigated some extrajudicial killings; however, 
it prosecuted few police or military officers accused of such abuses. A 
senior prosecutor stated that 99 percent of all cases in which 
government officials have been accused of extrajudicial killings were 
dropped on the basis of insufficient evidence. Through September none 
of the 43 cases in which government officials were accused of 
extrajudicial killing during the year had been brought to court. Senior 
prosecutors and legal associations claim that most cases eventually are 
dismissed because regulations outlined in the Criminal Code require 
public prosecutors to rely exclusively upon the recommendations of the 
police when determining whether to bring a case for criminal 
prosecution. Initial inquiries are carried out by police officers, 
often from the same units responsible for the killing. Well-informed 
sources report that police investigators routinely determined that 
police took no wrongful action. Routine exoneration of police officers 
contributes to a climate of impunity that is a significant factor in 
preventing any major change in police behavior. It also discourages 
relatives of victims from pressing for prosecution. Families rarely 
take advantage of a provision in the law that allows them to bring 
personal lawsuits against police officers for criminal action during 
arrest. If pursued by the family, the case is handled by the same 
office--in some instances by the same prosecutor--who already has ruled 
that no criminal action occurred. There is no information available to 
determine how many cases are settled out of court. However, in cases in 
which suits are filed, the official charged often compensates the 
family of the deceased, and the lawsuit is waived. Some lawsuits filed 
during the year remained under consideration at year's end.
    In January 1998, prison guards shot and killed four inmates 
attempting to escape from the Bangkok remand prison. The Corrections 
Act allows prison guards to fire on a group of three or more prisoners 
who are armed, harm officials, or refuse to surrender. However, local 
legal associations claimed that the guards responded with excessive 
force. A Department of Corrections investigation found that the guards 
had acted legally and appropriately, but at year's end, a new 
investigation that could lead that could lead to criminal proceedings 
was ongoing.
    The Government continued to prosecute two cases of suspected 
extrajudicial killing from 1996. In October a provincial court ruled 
that three police officers had killed six suspected drug dealers in 
their custody in Suphan Buri in 1996. The case had been passed to the 
Attorney General, who will determine whether to proceed with murder 
charges, or whether the killings were in self-defense. In the case of 
the 1996 killing during arrest of farmer activist Joon Bhoonkhuntod, 
the Chaiyaphum provincial court decided to pursue criminal charges 
against the police officer involved; his trial was still in progress at 
year's end.
    The 1996 case of the suspected political killing of environmental 
protester Thong-in-Kaew-wattha is still under consideration by the 
courts.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    There were no developments in the 1994 disappearance of 
environmental activist Suchada Khamfubutra. Police no longer are 
pursuing this case actively. The results of a government investigation 
into the 1991 disappearance of Labor Congress of Thailand president 
Thanong Po-an conducted by the House Justice and Human Rights Standing 
Committee have never been released to the public.
    In June the Government released the eight-page executive summary of 
a Defense Ministry report on the military forces' suppression of 
political demonstrations in May 1992, but the release of this long-
anticipated document provided no new information on the whereabouts of 
the remaining 38 prodemocracy protesters still listed as missing. Most, 
if not all, are presumed by family members and NGO's to be dead. In 
August the Supreme Court dismissed a long-running civil case brought 
against then-commanding General Suchinda Kraprayun and members of the 
military and police forces, upholding two lower court rulings that 
found that the defendants were protected by a 1992 amnesty decree.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution and the Criminal Code forbid torture and 
cruel, inhuman, or degrading treatment or punishment; however, NGO's 
and legal organizations continue to report that some members of the 
police occasionally beat suspects in order to coerce confessions. 
Authorities also investigated police officers accused of raping and 
extorting sex from female suspects in detention.
    Authorities continued to prosecute the case of a 14-year-old female 
prisoner who was raped in custody in Bang Pu Police Station in Samut 
Prakan in 1998. The case was in litigation in the Samut Prakan 
provincial court as of year's end. The police sergeant charged with the 
assault was released on bail.
    In June the authorities began construction of additional jail cells 
in 40 of the 76 provinces in order to separate suspects charged with 
engaging in prostitution from other detainees. The separate cells are 
mandated by a provision in the 1996 Prostitution Prevention and 
Suppression Act, which legislators enacted in response to claims that 
several female suspects had been abused sexually in detention.
    In July a parliamentary committee investigated the case of a 
narcotics offender serving detention in place of a fine in a local jail 
in Pathum Thani; the detainee allegedly suffered deep cuts to his 
wrists that exposed the bones as a result of being kept in handcuffs by 
authorities for 7 days.
    A soldier reportedly shot a refugee (see Section 2.d.).
    Some corrupt police and soldiers are involved in trafficking in 
women and children (see Section 6.f.).
    Prison conditions are poor but in general they do not threaten the 
life or health of inmates. Prisons are severely overcrowded. Sleeping 
accommodations and access to medical care remain areas of concern that 
require continued attention to meet minimum international standards. 
Medical care in prisons is inadequate. To care for a total prison 
population of 207,328 inmates, the Corrections Department employs only 
14 full-time doctors and seven full-time dentists. It alsoreestablished 
9 of the 11 part-time medical officer positions that it had eliminated 
in 1998.
    Prison authorities sometimes used solitary confinement to punish 
difficult prisoners. They also used heavy leg irons without apparent 
cause. Credible sources continued to report that prisoners captured in 
escape attempts were beaten severely, and in one case guards and fellow 
inmates killed three would-be escapees (see Section 1.a.).
    Conditions in Bangkok's Suan Phlu Immigration Detention Center 
(IDC) were poor, and conditions in provincial detention centers were 
significantly worse. Some detainees transferred to Bangkok arrived in a 
debilitated state. Immigration detention facilities are not 
administered by the Department of Corrections and are not subject to 
many of the regulations that govern the regular prison system. The 
immigration detention population dropped to 1,113 in September as a 
result of a 1998 Interior Ministry policy that allows illegal 
immigrants arrested in border areas to be deported without first being 
sent to an immigration detention center. Most long-term detainees had 
been held for several years because they could not afford repatriation. 
They now have been deported, but some foreigners still face delays of 
up to 6 months. Despite the drop in population, overcrowding and 
shortages of food and water remain significant problems.
    Access to prisons is not restricted, and the Government permits 
visits by human rights monitors and the Thai International Red Cross.
    d. Arbitrary Arrest, Detention, or Exile.--With few exceptions, 
including crimes in progress, the law requires that police officers 
making an arrest have warrants, and authorities respect this provision 
in practice. Under the new Constitution, persons must be informed of 
likely charges against them immediately after arrest and must be 
allowed to inform someone of their arrest. Detainees have a right to 
have a lawyer present during questioning and the police generally 
respected this right in practice during the year. Foreign prisoners 
often are forced to sign confessions and stand trial without benefit of 
a translator.
    Police also are required to submit criminal cases to prosecutors 
for the filing of court charges within 48 hours of arrest. However, 
lawyers report that the police rarely bring their cases to court within 
this period since the Criminal Procedure Code allows an extension 
period of up to 3 days. Police also can seek court permission to hold 
suspects for additional periods (up to a maximum of 82 days) to carry 
out investigations. In addition laws and regulations place any offense 
for which the maximum penalty is less than 3 years under the 
jurisdiction of the district courts, which have special procedures; in 
these cases, police are required to submit cases to public prosecutors 
within 72 hours of arrest. There is a functioning bail system.
    The only legal basis for detention by the police without specific 
charges for long periods (up to 480 days) is the Anti-Communist 
Activities Act, which authorities did not invoke during the year. The 
Government continued to consider legislation to abrogate this law (see 
Section 2.a.).
    As of mid-September, there were 207,328 prison inmates. 
Approximately 67,000 were charged with narcotics violations. 
Approximately 29 percent of the total prison population were pretrial 
detainees. Pretrial detainees usually are not segregated from the 
general prison population. According to one lawyers' association, 
pretrial detainees are held an average of 60 days.
    Exile is not used as a means of political control.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary; however, while the judiciary generally is 
regarded as independent, it is subject to corruption and has a 
reputation for venality.
    The civilian judicial system has three levels of courts: Courts of 
first instance; courts of appeal; and the Supreme Court. A separate 
military court hears criminal and civil cases pertaining to military 
personnel as well as those brought during periods of martial law. There 
is no right to appeal military court decisions. The Constitutional 
Court, charged with interpreting the Constitution, began operating in 
1998; the Court provides a mechanism to implement the charter fully. 
The Constitution requires that courts must be independent of 
theMinistry of Justice. However, they officially remained with the 
Ministry at year's end. Islamic (Shari'a) courts provide due process 
and hear only civil cases concerning members of the Muslim minority.
    The Constitution provides for the presumption of innocence. Access 
to courts or administrative bodies to seek redress is provided for and 
respected.
    There is no trial by jury. Trials for misdemeanors are decided by a 
single judge, and more serious cases require two or more judges. While 
most trials are public, the court may order a trial closed. This is 
done most often in cases touching on national security or the royal 
family. Career civil service judges preside over the courts. Judicial 
appointments and structures are not subject to parliamentary review.
    Defendants tried in ordinary criminal courts enjoy a broad range of 
legal rights, including access to a lawyer of their choosing. A 
government program provides free legal advice to the poor, but indigent 
defendants are not provided with counsel at public expense 
automatically. Most free legal aid comes from private groups, including 
the Thai Lawyers Association and the Thai Women Lawyers Association.
    There are no known political prisoners aside from one Muslim 
mullah, Sorayut Sakunnanasantisat, who is serving a lengthy criminal 
sentence of 12 years' imprisonment for leading a 1990 political protest 
in Pattani. He was convicted in 1994 of offenses against the monarchy 
and violating national security.
    f. Arbitrary Interference with Privacy, Family, Home or 
Correspondence.--With few exceptions, including crimes in progress, the 
law requires police to obtain a warrant prior to conducting a search; 
however, at times security forces infringed on citizens' privacy 
rights. Under the new Constitution, warrants must be issued by a court, 
rather than by the police. However, the procedures for issuing warrants 
are not standardized, primarily because various laws such as the 
Criminal Procedure Code and internal government regulations, including 
those that apply to the police department, have not been amended to 
comply with the new Constitution. Lawyers' associations reported that 
police at times endorsed blank search warrants or used legitimate 
warrants to conduct intrusive searches outside the stated evidentiary 
domain. NGO's concerned with the welfare of tribal people also reported 
that police and military units carried out several warrantless searches 
of villages for narcotics in Chiang Rai province during the year. This 
type of operation is permitted under both the Constitution and the 
Narcotics Prevention and Suppression Act of 1976 in cases where there 
is reasonable suspicion and an urgent search is deemed necessary. 
However, some academic groups claimed that the searches were arbitrary 
and violated the villagers' civil rights. The Anti-Communist Activities 
Act also allows officials engaged in ``Communist suppression 
operations'' to conduct searches without warrants, but these powers 
have been invoked rarely in recent years and were not invoked during 
the year (see Section 1.d.).
    Security services monitor persons who espouse extremist or highly 
controversial views, including foreign visitors.
    NGO's concerned with the welfare of women report that hospital and 
district officials sometimes changed the identification of unwed 
expectant mothers from ``Miss'' to ``Mrs.,'' although it is illegal to 
do so, and despite the fact that these women possess no marriage or 
divorce certificates. Lacking these documents, the women encounter 
severe difficulties in obtaining official documents needed for some 
business and government transactions. They also report that female 
government officials face disciplinary action for failing to register 
their marriages or for having children out of wedlock.
Section 2. Respect For Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for, and 
citizens generally enjoy, a large measure of freedom of speech and of 
the press, and the Government generally respects these rights in 
practice. However, the Government may restrict these rights to preserve 
national security, maintain public order, preserve the rights of 
others, and protect public morals. In practice this rarely has been 
done. Laws prohibiting criticism of the royal family (lese majeste), 
threats to national security, or speech likely to incite disturbances 
or insult Buddhism remain in place under the Constitution.
    The Constitution makes it unlawful for the Government to censor, 
ban, license, or restrict print or broadcast media, except by specific 
legislation in times of crisis. There were no reported attempts to 
intimidate journalists who reported adverse economic news. While 
newspapers and periodicals practice some self-censorship, especially 
with regard to the monarchy and national security problems, media 
criticism of political parties, public figures and the Government is 
common and vigorous. Journalists generally are free to comment on 
governmental activities without fear of official reprisal, although 
allegations of intimidation of the press involving a secretary to a 
deputy prime minister remain unresolved. In July the secretary, 
accompanied by seven unidentified men who reportedly were armed, 
allegedly entered the offices of the Thai Post newspaper, made 
threatening remarks to newspaper staff there, and demanded the 
retraction of an article that criticized the deputy prime minister. In 
late July, the secretary acknowledged that he made threats to Thai Post 
staff, but the involvement of the deputy prime minister implicated in 
the incident remains unclear. The Thai Post did not retract the 
article.
    Under the 1941 Printing and Advertisement Act, the Royal Thai 
Police Special Branch issues warnings to publications for various 
violations such as disturbing the peace, interfering with public 
safety, or offending public morals. It issued 14 warnings through 
November, compared with 9 warnings in 1998. The 1941 Act permits police 
closure of newspapers or printing presses in times of war or national 
emergency, but only with a court order. No such closures occurred 
during the year. Legislation was proposed during the year to revoke the 
Act. In October the Cabinet forwarded this proposed legislation to the 
Office of the Juridical Council for further action.
    Domestic publications continued to present a wide range of 
political and social commentary. Unless critical of the royal family or 
the monarchy, foreign and domestic books normally are not censored and 
circulate freely. Police have the authority to ban the importation of 
publications but generally do not exercise it. Legislation to abolish 
the 1952 Anti-Communist Activities Act created to counter the threat of 
Communism through media restriction passed the House of 
Representatives, but at year's end it remained pending due to 
differences with a Senate proposal related to the time of abolition. 
The act provides for censorship and monitoring of television and radio, 
as well as investigations into the contents of books, newspapers, and 
advertisements, and prohibitions on their publication, distribution, 
and dissemination (also see Section 1.d.). Revolutionary Order Number 
43, which prohibited the public from possessing publications deemed 
detrimental to national security, including a list of books written by 
Communists, was abolished in late 1998.
    Radio and television stations enjoy the same constitutional 
protections of freedom of expression and speech as the print media. All 
radio and television stations are licensed by the Government, and most 
are operated under the direct or indirect oversight of the Government 
or the armed forces. Radio and television station profits are retained 
by organizations that control frequencies such as government 
ministries, universities, and the military services. The military 
services seek to retain 40 to 50 radio and television frequencies for 
national security purposes, despite civilian government assurance that 
the military services may use all broadcasting frequencies in the event 
of a national emergency without the need to own them.
    Radio stations must renew their licenses every year, and their 
signals are broadcast via government transmitters. They are required by 
law to broadcast government-produced newscasts twice daily, 30 minutes 
each in the morning and evening.
    There is one cable television network. It enjoys almost complete 
autonomy under the indirect oversight of the Mass Communications 
Authority of Thailand. In addition a wholly independent ultra-high 
frequency television station managed by a private consortium including 
the outspoken Nation Multimedia Group began operating in 1996.
    Programmers are generally free to determine the content and nature 
of television broadcasts. However, as with the print media, self-
censorship exists. Stations occasionally censor or ``black out'' 
portions of programming deemed politically sensitive or pornographic. A 
government internal censorship board exists in the Prime Minister's 
office, but it rarely restricts television or radio broadcasts.
    An antipornography law allows police to restrict or confiscate 
printed publications and other materials deemed obscene; the 
interpretation generally is limited to hard-core pornographic material.
    Under the 1930 Film Act, theater owners and broadcasters must 
submit films that they plan to show to the film censorship board for 
review. The board can require that portions of the film be removed, or 
it can ban the film. Reasons for censoring films include violating 
moral and cultural norms and disturbing the public order and national 
security. Theater owners and broadcasters frequently censor films 
themselves before submitting them to the board. The Film Censorship 
Board reported that it bans 3 to 4 films of an average of 300 films 
submitted yearly. It banned one foreign film that it said presented a 
distorted view of the monarchy.
    Activity on the Internet remains unregulated.--The Constitution 
provides for the right to engage in academic pursuits, and academic 
freedom is respected. The Ministry of Education edits public school 
textbooks. In October it disapproved a published history textbook that 
it considered biased regarding the 1973 overthrow of the then-
government.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the right of peaceful assembly, and the Government 
generally respected this right in practice. Permits are not required 
for private meetings or gatherings unless held on public property or 
organized by foreign nationals; these are granted routinely. However, 
in May an interagency government committee rejected an application for 
a meeting permit for a proposed international trade union conference on 
democracy in Burma for national security reasons. The Government stated 
that the organizers had no mandate as labor organizations to hold a 
conference on a human rights problem, and that the meeting would damage 
Thai-Burmese relations because the organizers' proposed speaker list 
was ``not balanced.''
    The Constitution provides for freedom of association, and the 
Government generally respected this right in practice. Private 
associations must register with the Government; such registration is 
approved routinely.
    c. Freedom of Religion.--Freedom of religion is protected by law, 
and the Government generally respects this right in practice. The 
Constitution requires that the monarch be a Buddhist. The state 
religion is in effect Therevada Buddhism; however, it is not designated 
as such.
    When the Constitution was being drafted in 1997, the Constitutional 
Drafting Assembly rejected a proposal to name Therevada Buddhism the 
official religion on the grounds that it would create social division 
and be ``offensive'' to other religious communities in the country.
    The Government plays an active role in religious affairs. The 
Religious Affairs Department (RAD), which is located in the Ministry of 
Education, registers religious organizations. In order to be 
registered, a religious organization must first be accepted into an 
officially recognized ecclesiastical group.
    In practice unregistered religious organizations operate freely. 
However, There was at least one report that unregistered groups had 
been subjected to extortion by local officials.
    Under the provisions of the Religious Organizations Act of 1969, 
the Department of Religious Affairs recognizes a new religion if a 
national census shows that it has at least 5,000 adherents, has a 
uniquely recognizable theology, and is not politically active. However, 
since 1984 the Government has maintained a policy of not recognizing 
any new religious faiths. This has restricted the activities of some 
groups that have not been accepted into one of the existing religious 
governing bodies on doctrinal or other grounds.
    Two branches of the Government recently investigated religious 
groups alleged to be engaged in cult activities. In January the House 
Standing Committee on Religion, Arts, and Cultural Affairs moved to 
consider a petition filed by a senator requesting that the activities 
of the Hope of Thai People Foundation be investigated. Complaints had 
been filed at the Religious Affairs Department by parents who claimed 
that their childrenhad isolated themselves from friends and family 
after joining the foundation.
    The Constitution requires the Government ``to patronize and protect 
Buddhism and other religions.'' The State subsidizes the activities of 
the three largest religious communities (Buddhist, Islamic, and 
Christian). Since mid-1998, the Government has provided more than $38 
million to support Buddhist and Muslim institutes of higher education; 
to fund religious education programs in public and private schools; to 
provide daily allowances for monks and Muslim clerics that hold 
administrative and senior ecclesiastical posts; and to subsidize travel 
and health care for monks and Muslim clerics. This figure also includes 
an annual budget for the renovation and repair of Buddhist temples and 
Muslim mosques, the maintenance of historic Buddhist sites, and the 
daily upkeep of the Central Mosque in Pattani.
    The Government permitted foreign missionary groups to work freely 
throughout the country, although it also maintained policies that 
favored proselytizing by citizens.
    The number of foreign missionaries officially registered with the 
Government is limited to a quota that originally was established by the 
RAD in 1982; this quota has not changed since that date. There were no 
reports that foreign missionaries were deported or harassed for working 
without registration, although the activities of Muslim professors and 
clerics were subjected disproportionately to scrutiny on national 
security grounds because of continued government concern about the 
potential resurgence of Muslim separatist activities in the south.
    Laws prohibiting speech likely to insult Buddhism remain in place 
under the 1997 Constitution. The police, who have legal authority under 
the Printing and Advertisement Act of 1941 to issue written warnings or 
orders suspending the publication or distribution of printed materials 
considered offensive to public morals, did not use it to restrict the 
publication or distribution of religious literature during the period 
covered by this report. The act requires all theater owners and 
broadcasters to submit films scheduled for screening to a government 
film censorship board for review. The Government also sought to revoke 
the act during the year (see Section 2.a.).
    National identity cards produced by the Ministry of Interior since 
April 12 for the first time included designation of the religious 
affiliation of the holder. The change was implemented in response to 
the demands of parliamentarians who wanted easier identification of 
individuals requiring Muslim burial. Individuals who fail or choose not 
to indicate religious affiliation in their applications can be issued 
cards without religious information.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Constitution provides for the right 
of citizens to change their residence or workplace, and authorities 
generally respect this right in practice; however, there were some 
exceptions. Longstanding restrictions on the travel and domicile of 
certain Vietnamese resident aliens who immigrated to Thailand in 1945 
and 1946 and Chinese who immigrated between 1953 and 1961 remain in 
place. In addition other long-term noncitizen residents, including 
several hundred tribal people, are required to seek permission from 
local authorities or the army for foreign or domestic travel. In 
practice authorities rarely enforce these restrictive measures, and 
registered resident aliens are able to move freely within the country.
    The Government did not extend work permits for approximately 
100,000 alien workers when their temporary employment permits expired 
in August. The Government issued revised labor regulations to allow a 
maximum of 86,895 illegal Burmese, Cambodian, and Laotian workers 
already in the country to register for a period of 90 days to obtain 
work permits for manual labor jobs in 18 sectors. Aliens who took 
advantage of this regulation would be allowed to work in 37 of the 76 
provinces and move freely until August 2000, after which the Government 
reserves the right to deport them formally. During the year, the 
Government deported about 108,000 migrant workers and families. 
However, NGO's reported that a large number of those deported returned 
during the year.
    The Government continued to provide asylum to small numbers of 
Vietnamese and Lao asylum seekers pending their resettlement in other 
countries, as well as to persons unable to meet the refugee definition 
pending arrangements to return them to theircountries of origin. Along 
the border with Burma, the Government generally followed its policy of 
providing first asylum to new arrivals, but continued to condition 
entry on ``flight from fighting,'' rather than on broad grounds of 
persecution on the basis of race, religion, ethnic group, social class, 
or political opinion. Consequently, there were several thousand asylum 
seekers from Burma, mostly of the Karen ethnic group, who resided in 
Thailand but were not acknowledged officially as refugees, and were not 
permitted to receive assistance and protection in designated refugee 
camps. A significant number of ethnic Shan also reside near the Thai-
Burma border. Authorities do not acknowledge that members of the Shan 
ethnic minority have displaced person status.
    There were no reports that security personnel or civilian 
authorities forcibly repatriated any asylum seekers to Burma during the 
year. Nor were there reports that officials forcibly returned persons 
to a country where they feared persecution. However, the Armed Forces 
Supreme Command is investigating one incident in September in which a 
soldier shot and wounded a refugee when a dispute broke out during the 
transfer of a camp population to a new camp located farther inland at 
Umpien; NGO's involved in the care of refugees and the authorities 
consider the new camp to be in a safer location.
    There is no legislation regarding the treatment of refugees. 
However, the Government continued to permit the United Nations High 
Commissioner for Refugees (UNHCR) to exercise its mandate with regard 
to small numbers of Vietnamese and Lao asylum seekers, most of whom 
were screened out and awaiting return to their countries of origin, as 
well as more than 30,000 Cambodians who had crossed into Surin, Sa 
Kaew, and Trat provinces since 1997 to escape factional fighting in 
Cambodia. All Cambodian refugees returned safely to their home country 
by the end of March. The Government also upheld its 1998 decision to 
allow the UNHCR to play a formal role in monitoring and providing 
protection to about 113,000 refugees from Burma, mostly ethnic 
minorities, in more than a dozen sites near the border with Burma. The 
UNHCR's previous mandate had been limited to a few hundred ethnic 
Burman students at the Burmese Center, formerly known as the Burmese 
Student Safe Area, located in Ratchaburi province. The Government 
continued to restrict access to the Center to those persons from Burma 
to whom the UNHCR had accorded refugee status. In February it admitted 
890 persons recognized under the UNHCR's mandate who had been awaiting 
entry, some for more than 2 years.
    The Government accelerated the pace of resettlement of Burmese 
students following the peaceful resolution of the October 1 takeover of 
the Embassy of Burma in Bangkok by Burmese dissidents. In November the 
Interior Ministry approved a list of 1,700 persons submitted by the 
UNHCR for admittance to the Burmese Center. Approximately one-half this 
number had been admitted by year's end. The Government requested 
expedited third country resettlement.
    The Government also continued to allow NGO's to provide food, 
medical services, housing, and other services to Burmese refugees near 
the border. Government officials periodically arrested Burmese outside 
designated camps as illegal aliens, including some recognized as 
``persons of concern'' by the UNHCR.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for the right of citizens to choose or 
change their government peacefully through free and fair elections 
based on universal suffrage. Citizens last exercised this right in an 
election in 1996 that generally was viewed as free, but was marred by 
widespread vote buying, a recurrent problem. The Constitution prohibits 
Buddhist monks and nuns from voting or seeking public office. It also 
created an independent Election Commission, which was appointed in 
November 1997 to supervise elections. Voting is compulsory. Eligible 
voters who fail to exercise their voting responsibilities, except those 
excused on reasonable grounds, are subject to the loss of certain 
rights, including the right to be a candidate in future elections.
    The Constitution and the 1998 Election Law allow eligible voters 
who are living outside their home districts to register to vote at 
their temporary residences, provided that they have resided there for 
more than 90 days. Voters who have lived in their temporary abodes less 
than 90 days, or who fail to register there, must return to their home 
districts at election time to vote. The Constitution and the Election 
Law also allow citizens living overseas to vote by absentee ballot.
    While there are no legal restrictions on their political 
participation, women generally are underrepresented in national 
politics, especially at senior levels. There was essentially no change 
in the number of women assigned or elected to positions of leadership. 
Women make up less than 10 percent of the Senate, the House of 
Representatives, and civil service. There are 21 women in the 377-
member House of Representatives, and 21 in the 253-member Senate. The 
number of women in the 52-member Cabinet increased from 2 to 3 after a 
cabinet reshuffle in July.
    No laws prohibit the participation of ethnic minorities, but few 
hold positions of authority in national politics. Members of ethnic 
minorities in the north often lack documentation of citizenship, 
effectively barring their participation in the political process (see 
Section 5). Muslims from the south hold significant elected posts in 
the Government, although they continue to be underrepresented in local 
and provincial government positions, which are appointed by the central 
Government. Muslims make up 4 percent of Parliament. There are 8 Muslim 
Members of the Senate, and 17 Muslim Members of Parliament, including 
House Speaker Wan Muhamad Noor Matha and Foreign Minister Surin 
Pitsuwan.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    A wide variety of local, domestic, and international human rights 
organizations work on controversial problems without government 
restriction, investigating and publishing their findings on human 
rights cases freely. Government officials generally were cooperative 
and responsive to their views; however, at times the Government 
hindered the activity of a few human rights groups.
    Very few NGO's are accorded tax-exempt status, and this sometimes 
hampers the ability of domestic human rights organizations to secure 
adequate funding. A coalition of academics and NGO representatives 
continued to lobby the Treasury Ministry to change its tax policies 
during the year. In May the Government refused to grant a permit for a 
labor organization to hold a conference on democracy in Burma, citing 
reasons of national security (see Section 2.b.).
    The 1997 Constitution mandates the establishment of a permanent 11-
member National Commission on Human Rights, The National Assembly 
enacted enabling legislation in November; the Commission is scheduled 
to become active in early 2000. The Commission would be a government, 
rather than an independent, body, with a mandate to prepare an annual 
evaluation of the human rights situation for the National Assembly, 
propose policies and recommendations for amending laws to the National 
Assembly, promote measures to educate citizens on human rights, and 
investigate cases of human rights abuse.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides for equal treatment under the law without 
respect to race, sex, religion, disability, language, or social status. 
In practice some discrimination exists, and government enforcement of 
equal protection statutes is uneven.
    Women.--Domestic abuse continues to be a serious problem affecting 
the welfare of many women; reliable reports indicate that domestic 
abuse occurs across all social classes. Specific laws concerning 
domestic violence have not been enacted. Spousal and child abuse are 
covered by assault provisions in the Criminal Code, but rules of 
evidence often make prosecuting such cases difficult. Police do not 
enforce laws against such violence vigorously, and domestic violence 
often goes unreported because many victims and authorities continue to 
regard domestic abuse as a private, not a legal, matter. NGO's 
supported programs designed to aid victims, including emergency hot 
lines, temporary shelters, and counseling services. In addition a 
weekly public service television program designed to increase public 
awareness of domestic violence issues began during the year. The 
Government also established seven ``one-stop'' crisis centers in state-
run hospitals to handle abused women and children.
    Under the Criminal Code, rape is illegal. However, a husband cannot 
be prosecuted for spousal rape. In 1998 the Government proposed changes 
to the Criminal Code that would redefine the term rape to include 
marital rape. The Cabinet approved theproposed legislation in May but 
had not forwarded it to the National Assembly for scrutiny by year's 
end.
    According to credible sources, rape and domestic assault cases are 
underreported, in part because law enforcement agencies are widely 
perceived to be incapable of bringing perpetrators to justice. Since 
1994 police have sought to ameliorate this perception and encourage 
women to report sexual crimes through the use of teams of female police 
officers that operate in three Bangkok police stations with a total of 
13 female investigators. In July the police took preliminary steps to 
expand this program to the nine metropolitan districts in the capital 
and three provinces and recruited 21 additional female officers.
    Prostitution, although illegal, flourishes, is ingrained deeply, 
and often is protected by local officials with a commercial interest in 
its continuation (see Section 6.f.). Thailand is a source, transit 
place, and destination for the trafficking in women and children. 
Government and NGO estimates of the number of women and children 
engaged in prostitution vary widely. Many NGO's and government 
departments use a figure of 200,000 persons, which is considered a 
credible estimate. This figure includes children under age 18 and 
foreigners. Some women are forced into prostitution, but the number of 
such cases is difficult to determine. The majority of prostitutes are 
not kept under physical constraint, but a large number labor in debt 
bondage (see Section 6.c. and 6.f.). The 1996 Prostitution Prevention 
and Suppression Act makes prostitution illegal and states that 
customers who patronize child prostitutes are punishable by law. 
Parents who allow a child to enter the trade are also punishable. 
Prosecutions remained low. NGO's and government agencies continued to 
provide shelter, rehabilitation, and reintegration programs for 
children and women involved in the sex industry during the year.
    The 1998 Labor Protection Law made sexual harassment illegal for 
the first time, but covers only persons working in the private sector. 
NGO's claim that the term is vague and that this ambiguity makes it 
difficult for women to pursue cases through the legal system. No sexual 
harassment cases were prosecuted under the Labor Protection Act during 
the year. One sexual harassment case brought by a female civil servant 
working in a state-owned enterprise was prosecuted under the Penal 
Code.
    The Constitution has six gender-related articles designed to 
provide women with equal rights and protections, but some inequalities 
in the law remain. A man may sue for divorce on the grounds that his 
wife committed adultery, but a women faces the additional legal burden 
of proving that her husband has acknowledged publicly another women as 
his wife. In an action that elicited strong public debate, the 
Government considered adopting legislation to amend the 1962 Individual 
Names Act, a law that authorities seldom enforce which requires a woman 
to adopt her husband's surname at marriage.
    Women generally have access to higher education, and more than half 
of university graduates each year are women. However, police and 
military academies do not accept female students. Women represent 44 
percent of the labor force and hold an increasing share of professional 
positions. Women are able to own and manage businesses freely, and 
government regulations require employers to pay equal wages and 
benefits for equal work regardless of gender. However, there is a 
significant gap between the average salaries earned by men and women 
because women are concentrated in lower paying jobs. In practice, women 
also receive lower pay for equal work in virtually all sectors of the 
economy.
    The Women and Constitution Network, a league of 35 women's 
organizations, lobbied for legal reforms to address legal inequities in 
the treatment of women. It continued to play an important role in 
securing the inclusion of gender equality clauses in legislation 
creating new government organizations mandated by the 1997 
Constitution, including an article that specifies that one-third of the 
members of the new National Human Rights Commission be women.
    Children.--The Government took steps to promote the rights and 
welfare of children. The Constitution provides for the right of access 
to free public education through grade 12, and in March the Government 
raised compulsory education requirements from 6 to 9 years. The 
Government's 1997 Social Welfare Plan for Underprivileged People 
doubled the budget for children's programs for 1997-2001, compared with 
the previous 5-year plan.
    Child labor remains a problem, and some international 
organizations, government-funded research organizations, and members of 
the news media continued to report an increase in the number of 
children leaving school due to the economic downturn (see Section 
6.d.). According to the U.N. Development Program, 88 percent of 
children of primary school age were enrolled in schools, but only 44.7 
percent of children of secondary school age enrolled in the first year 
of secondary education.
    Child prostitution, including forced prostitution and trafficking 
of children, is a serious problem (see Sections 6.c. and 6.f.). The 
Government estimates that there are as many as 20,000 prostitutes under 
the age of 18.
    The Criminal Code provides for the protection of children from 
abuse, and laws on rape and abandonment provide for harsher penalties 
when the victim is a child. However, as with domestic abuse, police are 
reluctant to investigate abuse cases, and rules of evidence make 
prosecution of child abuse cases difficult. In July the Government 
enacted legislation designed to allow children to give evidence on 
videotape and in private surroundings in the presence of a 
psychologist, psychiatrist, or other social worker; the legislation 
requires a 1-year training period and is to become effective in 
September 2000.
    People With Disabilities.--The Government has enacted legislation 
designed to ensure access to public facilities and to prohibit 
employment and education discrimination against the disabled; however, 
it has not enforced these laws effectively. Government sources estimate 
that only 8 percent of the estimated 4.8 million persons with physical 
disabilities receive formal schooling due to the inaccessibility of 
most public school buildings and, in some cases, educators who have 
discouraged children with disabilities from enrolling. To remedy this 
situation, the Government worked to equip 4,000 primary schools with 
the facilities needed to admit disabled children during the year. 
Nationwide, there are also 8 government-operated and 10 NGO-operated 
training centers for the disabled. However, with little education, very 
few disabled adults are able to find employment. Many of those who do 
report being subjected to wage discrimination. The law requires that 
private firms hire 1 disabled person for every 200 other workers or 
contribute to a fund that benefits the disabled, but this provision has 
not been enforced since it came into effect in 1994. Some state 
enterprises maintain discriminatory hiring policies.
    The Constitution mandates access to public buildings for the 
disabled, but laws implementing the provisions have not yet been 
enacted. A 1998 cabinet resolution directed state agencies to modify 
facilities for disabled access, but most government agencies have not 
done so; however, in December a regulation was promulgated that makes 
compliance mandatory. Disabled persons who register with the Government 
are entitled to free medical examinations, wheelchairs, and crutches.
    Indigenous People.--The Government classifies hill tribe groups as 
either indigenous or migrant. Members of indigenous groups enjoy the 
rights of other citizens, while members of migrant groups generally are 
considered illegal aliens; they possess extremely limited civil and 
political rights. Hill tribe members who settled in the country before 
a 1991 countrywide hill tribe survey are eligible for citizenship. 
However, eligible members frequently face lengthy delays in 
regularizing their status. This is partly due to the difficulty in 
determining the legal status of hill tribe members. Less than one-half 
the estimated 700,000 to 800,000 members of hill tribes reportedly 
possess documentation that either identifies them as citizens or 
certifies their eligibility for future citizenship. A significant 
remaining number enjoy legal resident status, but many in this category 
still faced employment discrimination and official harassment of 
various kinds, including threats of arrest or deportation. Those 
residing in national parks or wildlife sanctuaries sometimes are 
subject to eviction. Those that lack documentation sometimes are denied 
adequate education and health care. As noncitizens they also are barred 
from participating in the political process. Undocumented members of 
hill tribe cannot own land and are not protected by labor laws, 
including minimum wage requirements.
    Credible sources reported that societal discrimination, arising 
from widely-held beliefs that hill tribe members are involved in 
narcotics trafficking and forms of environmental degradation, worsened. 
Hill tribes occasionally were subjected to indiscriminate searches of 
villages for narcotics (see Section1.f.). Popular dissatisfaction with 
the Government's handling of problems affecting hill tribe members was 
the focus of large gatherings in Chiang Mai in May. The Tribal Assembly 
of Thailand, an organization representing 7 tribes and 170 tribal 
villages, lobbied the Government for greater transparency in decisions 
affecting hill tribes, including procedures addressing citizenship, 
allocation and management of natural resources, and community 
relocations. The Government responded by offering public hearings on 
draft forest legislation and new forums where tribal members can 
participate in decisions affecting natural resource allocation and 
protection of their civil and political rights. The Government also 
agreed to form a joint committee to review forestry laws and a joint 
panel to oversee the citizenship process for hill people. As of 
September, the Government had created one committee (to consider the 
citizenship process), but took no action on public hearings or forest 
law.
    Religious Minorities.--There were no reports of violence against 
members of religious minorities, but some societal discrimination 
remains. The police investigated a suspected case of 
intradenominational conflict in which a prominent Buddhist theologian's 
home was attacked with a fire bomb in Nonthaburi in March. Muslims, who 
represent up to 10 percent of the country's population nationwide, and 
constitute the majority in four of the five southernmost provinces that 
border Malaysia, experienced some discrimination. The Government 
continued to address the problem by maintaining longstanding policies 
designed to integrate Muslim communities into society through 
developmental efforts and expanded educational opportunities.
    National/Racial/Ethnic Minorities.--The Sino-Thai population is 
well integrated and does not face discrimination. However, about 50,000 
former Chinese soldiers and dependents of a Kuomintang army that fled 
China after the Communist takeover, and approximately 45,000 Vietnamese 
immigrants who reside in five northeastern provinces, live under a set 
of laws and regulations that restrict their movement, residence, 
education, and occupations (see Section 2.d.). Despite a strong desire 
for Thai citizenship, fewer than 100 Vietnamese and 3,000 to 4,000 
Chinese have been naturalized in the last 34 years. Children who were 
born in Thailand of these legal permanent resident immigrants may 
request citizenship through district offices. These requests are 
granted routinely. Approximately 10,000 Vietnamese children born in 
Thailand have acquired citizenship in this manner, as have 8,000 
Chinese children born in the country.
    In March the Government removed amendments to the 1941 Land Act 
that it considered unconstitutional. These amendments had barred Thai 
citizens with foreign spouses, and their children, from buying or 
inheriting real property.
Section 6. Worker Rights
    a. The Right of Association.--The 1975 Labor Relations Act grants 
freedom of association to private sector workers. Workers have the 
right to form and join unions of their choosing without prior 
authorization; to decide on the constitutions and rules of these 
associations and unions; to express their views without government or 
employer interference; to confederate with other unions; to receive 
protection from discrimination, dissolution, suspension, or termination 
by any outside authority because of union activities; and to have 
employee representation in direct negotiations with employers. However, 
no law explicitly protects workers from discrimination who have 
participated in organizing new unions that have not been registered 
officially. Union leaders report that employers often discriminate 
against workers seeking to organize unions. During the year employers 
used loopholes in the Labor Relations Act to fire union leaders prior 
to government certification of new unions.
    Workers in the public sector do not have the right to form unions. 
For state enterprises, the law allows workers in each state enterprise 
to form a single ``association'' after at least 30 percent of the 
enterprise's employees submit a petition to the Ministry of Labor to 
register such an association. These associations submit employee 
grievances to management and propose changes in benefits and working 
conditions but may not negotiate wages.
    Associations do not have the right to confederate or to join 
private sector federations. However, unofficial contactsbetween public 
and private sector unions continue, and the Government has not 
interfered with these relationships.
    The law denies all state enterprise workers the right to strike. In 
the private sector a proposed strike must be approved by the majority 
of the union members in a secret ballot and be registered beforehand 
with the Ministry of Labor to be considered legal.
    The Government has the authority to restrict private sector strikes 
that would ``affect national security or cause severe negative 
repercussions for the population at large,'' although it seldom invokes 
this provision and did not do so during the year. Labor law also 
forbids strikes in ``essential services,'' defined much more broadly 
than in the ILO criteria for such services. No strikes were disapproved 
during the year.
    The Government did not enforce these legal restrictions vigorously. 
During the year, the Government reiterated its commitment to passing a 
new version of the State Enterprise Labor Relations Act (SELRA) that 
was suspended in 1991; SELRA would restore the rights enjoyed by state 
enterprise unions prior to their abolition. In 1998 the Government 
reintroduced legislation that the National Assembly had passed earlier 
that year but that subsequently was ruled unconstitutional by the 
Constitutional Court because of a drafting technicality. In August the 
House rejected antiunion amendments that the Senate attempted to attach 
to the revised bill. According to the law, the House can act to pass 
the new legislation after a 180-day waiting period. The bill is 
scheduled for consideration in February 2000.
    Less than 2 percent of the total work force, but nearly 11 percent 
of industrial workers, are unionized. Cultural traditions, 
unfamiliarity with the concept of industrial relations, and efforts by 
the Government to diminish union cohesiveness often are cited as the 
reasons for low rates of labor organization.
    While violence against labor leaders is rare, the 1991 
disappearance of outspoken labor leader Thanong Po-an remains unsolved 
(see Section 1.b.).
    There is a legacy of corrupt private sector union leaders who were 
exploited by the military forces, politicians, or employers for their 
own purposes, but public unions generally operate independently of the 
Government and other organizations.
    Unions are free to associate internationally with other trade 
organizations, and they maintain a wide variety of such affiliations.
    b. The Right to Organize and Bargain Collectively.--The 1975 Labor 
Relations Act recognizes the right of private sector workers to 
organize and bargain collectively and defines the mechanisms for such 
negotiations and for government-assisted conciliation and arbitration 
in cases under dispute. In practice, genuine collective bargaining 
occurs only in a small fraction of workplaces and in most instances 
continues to be characterized by a lack of sophistication on the part 
of employee groups and autocratic attitudes on the part of employers. 
Wage increases for most workers come as a result of increases in the 
minimum wage, rather than as a result of collective bargaining. A new 
process of setting minimum wages locally through provincial tripartite 
committees may further limit union influence; many of these provincial 
committees have excluded labor representatives and have placed factory 
managers on the wage committees to represent worker interests.
    The Government sets wages for both civil servants and state 
enterprise employees. A system of labor courts created in 1980 
exercises judicial review over most aspects of labor law for the 
private sector. Workers also may seek redress for their grievances 
through the Tripartite Labor Relations Committee. Redress of grievances 
for state enterprise workers is handled by the State Enterprise 
Relations Committee. Labor leaders generally were satisfied with the 
treatment that their concerns received in these forums, although they 
complained that union leaders dismissed unjustly usually are awarded 
only monetary compensation.
    No separate labor legislation applies in export processing zones, 
where wages and working conditions are often better than national norms 
because of the preponderance of Western and Japan-based multinational 
firms.
    c. Prohibition of Forced or Compulsory Labor.--The Constitution 
prohibits forced or compulsory labor except in the case of national 
emergency, war, or martial law; however, while these provisions 
generally are enforced in the formal business sector, forced labor 
remains a problem. The Constitution does not specifically prohibit 
forced or bonded labor by children, and limited instances of such 
practices occur. There are reports of sweatshops in the informal sector 
where employers restrain workers from leaving the premises. There are 
no estimates of how many such workshops exist, but the growing number 
of illegal aliens from Burma, Cambodia, and Laos increases the 
opportunities for such abuse. Trafficking in women and children for the 
purpose of forced prostitution also remains a problem (see Section 
6.f.).
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--In 1998 the Government raised the legal minimum age for 
employment to 15 years. The law permits the employment of children 
between the ages of 15 and 18 only in ``light work,'' where the lifting 
of heavy loads and exposure to toxic materials or dangerous equipment 
or situations is restricted. The employment of children at night (from 
10 p.m. to 6 a.m.), or in places where alcohol is served, is prohibited 
by law. An analysis based on population and school enrollment data 
showed that from 850,000 to 1,480,000 children work, mostly on family 
farms. An estimated 240,000 to 410,000 (2 to 4 percent of children 
between the ages of 6 and 14) work in urban employment and are at 
particular risk of labor abuse. Most children employed in urban areas 
work in the service sector, primarily at gasoline stations and 
restaurants. Child labor is not evident in larger foreign-owned or Thai 
export oriented factories. However, no comprehensive survey of child 
labor in smaller enterprises exists, since NGO's do not have access to 
shop house factories. The Ministry of Labor has increased the number of 
inspectors responsible for investigating child labor problems, although 
not all officers are engaged in full-time inspection work. Enforcement 
of child labor laws is not rigorous, and inspectors usually respond 
only to specific public complaints or exposes in newspapers. Their 
inclination when dealing with violators is to negotiate promises of 
better future behavior, rather than to seek prosecution and punishment. 
The Constitution does not specifically prohibit forced or bonded labor 
by children, and limited instances of such practices occur (see Section 
6.c.). The Government has attempted to address the problem of child 
labor by extending compulsory education from 6 to 9 years (see Section 
5).
    e. Acceptable Conditions of Work.--The minimum wage ranges from 
$3.42 to $4.26 (130 to 162 baht) per day, depending on the cost of 
living in various provinces. This wage is not adequate to provide a 
decent standard of living for a worker and family. With extended family 
members' financial contributions, the minimum wage provides the basis 
for a marginally adequate overall standard of living. However, 
nationwide, more than half of workers receive less than the minimum 
wage, especially in rural provinces.
    Unskilled migrant workers, as well as illegal aliens, often work 
for wages that are significantly lower than the minimum wage. The 
minimum wage does not apply to undocumented hill tribe members, who 
also are not protected by other labor laws. The Ministry of Labor is 
responsible for ensuring that employers adhere to minimum wage 
requirements. Despite encouragement of employees to report violations 
to labor inspectors, the enforcement of minimum wage laws is mixed.
    In 1998 the Government mandated a uniform maximum workweek of 48 
hours, with a limit on overtime of 35 hours per week. Employees engaged 
in ``dangerous'' work, such as in the chemical, mining, or other 
industries involving heavy machinery, may work a maximum of 35 hours 
per week. The petrochemical industry is excluded from these 
regulations.
    Working conditions vary widely. The rate of injury from industrial 
accidents has remained relatively constant over the last 10 years at 
4.5 percent of the total work force. However, NGO's claim that in the 
last 8 years, the average rate of work-related deaths was high at 25 
per 1,000 workers. Occupational diseases rarely are diagnosed or 
compensated, and few doctors or clinics specializing in occupational 
diseases exist. In medium-sized and large factories, government health 
and safety standards often are applied, but enforcement of safety 
standards is lax. In the large informal sector, health and safety 
protections are substandard.
    Provisions of the Labor Protection Act include expanded protection 
for pregnant workers with prohibitions on working night shifts, 
overtime, or holidays, as well as for those working with dangerous 
machinery or on boats.
    Foreign migrant workers are subject to deportation (see Section 
2.d.). The Ministry of Labor and Social Welfare promulgates health and 
safety regulations regarding conditions of work. Labor inspectors are 
responsible for enforcement of health and safety regulations; the 
strictest penalty is 6 months' imprisonment. Provisions in the Labor 
Protection Law include the establishment of welfare committees, which 
include worker representatives, in factories employing over 50 persons. 
These committees are to set and review health and safety conditions in 
each factory. There is no law affording job protection to employees who 
remove themselves from dangerous work situations.
    There were no new developments in the criminal lawsuit brought 
against factory owners and management in the case of the May 1993 Kader 
Toy Factory fire near Bangkok.
    f. Trafficking in Persons.--The law prohibits trafficking in women 
and children; however, Thailand is a source, a transit place, and a 
destination for trafficking in women and children for the purpose of 
prostitution (see Section 5). Government and NGO estimates of the 
number of women and children engaged in prostitution vary widely. Many 
NGO's and government departments use a figure of 200,000 persons, which 
is considered a credible estimate. This figure includes children under 
age 18 and foreigners.
    Some women are forced into prostitution, but the number of such 
persons is difficult to determine. Coerced prostitution often involves 
women from hill tribes and neighboring countries. Because foreign women 
frequently cannot speak Thai and are considered illegal immigrants, 
these women are particularly vulnerable to physical abuse, confinement, 
and exploitation. Some women are lured with promises of jobs as 
waitresses or domestic helpers, but then forced to work as prostitutes. 
Those women who are illegal immigrants have no rights to legal counsel 
or health care if arrested (see Section 2.d.). Nor do the amnesty 
provisions under UNHCR auspices apply. Government agencies, diplomatic 
observers, and domestic NGO's reported that many Burmese, Lao, 
Cambodian, and Chinese women continued to be trafficked, and in some 
cases abducted for prostitution. Vietnamese and Russian citizens also 
reportedly were trafficked to Thailand in smaller numbers. According to 
domestic NGO's, girls between the ages of 12 and 18 continued to be 
trafficked from Burma, southern China, and Laos to work in the 
commercial sex industry.
    The majority of prostitutes are not kept under physical constraint, 
but a large number labor in debt bondage. Brothel procurers often 
advance parents a substantial sum against their daughter's future 
earnings, often without the consent of the young woman involved. The 
women are then obligated to work in a brothel to repay the loan.
    The Prostitution Prevention and Suppression Act of 1996 made 
prostitution illegal and states that customers who patronize child 
prostitutes are punishable by law. Parents who allow a child to enter 
the trade are also punishable. The 1997 Prevention and Suppression of 
Trafficking in Women and Children Act increased the penalties for 
trafficking in women and children for the purposes of prostitution or 
slave labor, and provided for wide powers of search and assistance to 
victims. The authorities utilized these powers during the year, but the 
number of prosecutions remained low. A new money laundering law became 
effective in August that includes provisions designed to enable 
authorities to confiscate the assets of persons convicted of 
trafficking or engaging in the business of prostitution. NGO's and 
government agencies continued to provide shelter, rehabilitation, and 
reintegration programs for children and women involved in the sex 
industry during the year. However, there continue to be credible 
reports that some corrupt police, soldiers, and government officials 
are involved in trafficking schemes. In April the Government reassigned 
some senior immigration officials based in two airports; they were 
found to be complicit in trafficking schemes, but no systematic plan to 
address the problem has been formulated.
    The Government and NGO's estimate that there are as many as 20,000 
prostitutes under the age of 18. In 1996 the Government enacted a 
stronger law against trafficking in, patronizing, or profiting from 
child prostitutes. Since the promulgation of the 1996 act, government 
sources confirm that 355 persons individuals have been arrested for 
violating this law. As of September, 14 of these persons had been 
convicted and sentenced. Some NGO's reported that there was a small 
decline in the trade in children for commercial sex; however, there are 
no comprehensive surveys to determine the accuracy of these claims, and 
it is uncertain whether the new laws are contributing to the reported 
decline.
                                 ______
                                 

                                 TONGA

    The Kingdom of Tonga consists of 169 small islands scattered over a 
wide area of the South Pacific. Most of the approximately 105,000 
inhabitants are Polynesian. Tonga is a constitutional monarchy in which 
political life is dominated by the King, the nobility, and a few 
prominent commoners. The judiciary is independent.
    The security apparatus is composed of the Tonga Defense Services 
(TDS) and a police force. The 430-man TDS force is responsible to and 
controlled by the Minister of Defense.
    The economy is based primarily on the cultivation of tropical and 
semitropical crops. Demand for imported manufactured goods and products 
has led to a substantial trade deficit. This deficit has been offset 
largely by remittances from Tongans employed abroad, overseas aid, and, 
to a lesser degree, tourism. Remittances through the formal banking 
system are diminishing.
    The principal human rights abuse remains severe restrictions on the 
right of citizens to change their government. A relatively small group 
of commoners vocally challenges the Constitution, arguing for a more 
representative and accountable government. To discourage dissent the 
Police Minister filed lawsuits against government critics. Some women 
suffer from domestic violence, and discrimination limits the 
opportunities available to women.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The Constitution forbids torture and inhuman or degrading 
punishment or other such treatment, and there were no reports of such 
practices. Prison conditions are Spartan but in accordance with local 
living standards. Church representatives and family members are 
permitted to visit prisoners. No nongovernmental organizations (NGO's) 
attempt human rights monitoring visits to prisons, and the 
permissibility of such visits has not arisen.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
proscribes arbitrary arrest or detention and provides for the right to 
judicial determination of the legality of arrest; these provisions are 
observed in practice. 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.
    There is no forced exile, internal or external.
    e. Denial of Fair Public Trial.--The judiciary, whose top judges 
have been expatriates, is independent of the King and the executive 
branch.
    The court system consists of the Supreme Court (which has original 
jurisdiction over all major cases), the police magistrates' courts, a 
general court, a court martial for the TDS, a court tribunal for the 
police force, and a court of review for the Inland Revenue Department. 
In addition, 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.
    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 the 
person is accused of committing. Defendants are entitled to counsel, 
and lawyers have free access to defendants.
    There were no reports of political prisoners. Some observers allege 
that Parliament's 1996 conviction and imprisonment of a parliamentarian 
and two journalists for contempt were politically motivated.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--By law and in practice, no one may enter or search the 
home of another or remove any item unless in possession of a 
warrantissued 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 Press.--The Constitution provides for 
freedom of speech and of the press; however, at times the authorities 
infringed on these rights.
    There are two weekly newspapers (one of which is government owned) 
and one privately owned national magazine. A Christian network owns the 
one television station, which has plans to expand from one to at least 
three channels. The Government owns one AM and one FM radio station. 
Three FM stations (one purely religious) are run privately. 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 interference. However, infringements on freedom of 
the press occur. The Minister of Police, apparently to inhibit dissent, 
has filed civil suits in Magistrates Court against people who allegedly 
angered public servants. While such suits often are dismissed on 
appeal, they can be costly for the defendants. In July 1998, the 
Government refused entry to a New Zealand journalist who wished to 
cover the King's birthday celebration, because his reporting had 
displeased authorities in the past.
    Academic freedom is respected.
    b. Freedom of Peaceful Assembly and Association.--The law provides 
for these rights, and the Government respects them in practice.
    c. Freedom of Religion.--The Constitution provides for freedom of 
religion, and the Government respects this right in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The law provides for these rights, and 
the Government respects them in practice.
    The Government cooperates with the office of the U.N. High 
Commissioner for Refugees and other humanitarian organizations in 
assisting refugees. No person in recent memory has applied for refugee 
status, and the Government has not formulated a formal policy regarding 
refugees, asylees, or first asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the ability to change their leaders or the 
system of government. The King and 33 hereditary nobles dominate 
political life. They assert authority largely through control of 
substantial landholdings and their dominant numbers in the Legislative 
Assembly (Parliament). While the Constitution allows the monarch broad 
powers, many of which do not require the legislative branch's 
endorsement, the King sometimes permits ``the system'' to work its will 
without his guidance. The King appoints the Prime Minister and appoints 
and presides over the Privy Council (called the Cabinet when the King 
is not presiding), which makes major policy decisions. Currently, the 
Cabinet is made up of nine ministers and two governors; it includes 
both nobles and commoners, who serve at the King's pleasure.
    The unicameral legislature, the Legislative Assembly, consists of 
the Cabinet, nine nobles elected by their peers, and nine people's 
representatives elected by the general population. The King appoints 
the Speaker from among the representatives of the nobles. Elections 
were held in March to select the people's representatives to 
Parliament.
    Cabinet members and nobles usually vote as a bloc; however, recent 
votes related to impeachment charges against a commoner member of the 
Cabinet demonstrated that nobles and people's representatives can 
override the Cabinet's wishes at times.
    In recent years, a number of people both inside and outside the 
establishment have called for democratic change, usually emphasizing 
the importance of more government accountability. Very few challenge 
retention of the monarchy; the King is greatly respected. A 
prodemocracy movement continues, although it currently lacks formal 
structure due to differences of views among its leaders. All nine 
current people's representatives advocate various degrees of democratic 
reform. Proposals for constitutional revision tend to center on the 
popular election of all parliamentarians, with the parliamentarians 
then selecting their speaker.
    Women are severely underrepresented in government. There are no 
female Members of Parliament, although there have been in the past.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no known barriers to the formation of local NGO's that 
concern themselves with human rights. Some local NGO's include among 
their interests human rights problems, although none currently 
undertakes investigations of alleged violations. No outside 
organizations are known to have made requests to investigate alleged 
human rights violations, but some publicly criticized the Government's 
refusal to grant a New Zealand journalist a visa in 1998 (see Section 
2.a.).
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    Social, cultural, and economic facilities are available to all 
citizens regardless of race or religion. However, members of the 
hereditary nobility have substantial advantages. 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.
    Women.--Domestic violence seldom is publicized, but it is a 
problem. Incidents of wife beating generally are addressed in 
traditional ways within families or by village elders. Such abuse is 
seldom reported to the police. Abused wives sometimes return to their 
families if mediation fails.
    The country is male dominated, and women generally occupy a 
subordinate role. For a woman to rise to a position of leadership, she 
usually needs to have the support of the nobility or to possess 
exceptional talent. The King's mother reigned for many years, and a 
royal princess is one of the country's most prominent businesspersons. 
Some female commoners hold senior leadership positions in business.
    Some village women, with help from NGO's, are leading local 
development projects.
    The Government has a women's unit in the Prime Minister's office. 
Although some NGO's initially viewed this unit with suspicion, it 
appears to be functioning cooperatively with them. Many young, educated 
women still consider the unit to be ineffective. A government-sponsored 
National Council of Women is making positive contributions.
    Children.--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. Child 
abuse, if it occurs, is rare and has not become a source of concern in 
a society where the extended family participates in child rearing.
    Education has been compulsory 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.
    People with Disabilities.--No mandated provisions for accessibility 
to buildings and services for the disabled exist. There were no known 
complaints of discrimination in employment, education, or provision of 
other state services. The education of children with special needs has 
been a longstanding priority of the Queen.
Section 6. Worker Rights
    a. The Right of Association.--Workers 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 Collectively.--Since 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 Labor.--The law prohibits 
forced labor including forced and bonded labor by children, and it is 
not practiced.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--Child labor is not used in the wage economy, although 
there is no legislation prohibiting it. The Government prohibits forced 
and bonded labor by children and enforces this prohibition effectively 
(see Section 6.c.).
    Education has been compulsory since 1882 and is provided for all 
children through Form 6 (high school).
    e. Acceptable Conditions of Work.--There is no minimum wage law, 
although there are government guidelines for wage levels. Labor laws 
and regulations, enforced by the Ministry of Labor, Commerce, and 
Industry, limit the workweek to 40 hours. The Ministry of 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, since few industries exist that 
would expose workers to significant danger. Due to these factors, 
little or no work has been done on industrial safety standards.
    f. Trafficking in Persons.--The law does not specifically address 
trafficking; however, there were no reports that persons were 
trafficked in, to, or from the country.
                                 ______
                                 

                                 TUVALU

    Tuvalu, with a population of approximately 10,000 primarily 
Polynesian persons, occupies a land area of a little more than 10 
square miles on 9 atolls in the central South Pacific. Independent 
since 1978, its Constitution provides for a Westminster-style 
parliamentary democracy. The Head of State is the British Queen, 
represented by the Governor General, who must be a Tuvaluan citizen. 
The judiciary is independent.
    A 32-member police constabulary, the only security force, is 
responsible to and effectively controlled by civilian authority.
    The primarily subsistence economy relies mainly on coconuts, taro, 
and fishing. With donor assistance, Tuvalu has developed a well-managed 
trust fund, which is supplemented by significant annual payments for 
use of its international telephone-dialing prefix. An agreement was 
completed in 1998 with a Canadian telecommunications company for use of 
the country's Internet address. However, anticipated revenues of up to 
$50 million have not materialized. Remittances from Tuvaluans working 
abroad as well as the sale of postage stamps and of fishing licenses to 
foreign vessels provide additional foreign exchange. The country's 
isolation and meager natural resources limit the prospects for economic 
development.
    Society is egalitarian, democratic, and respectful of human rights. 
However, social behavior, as determined by custom and tradition, is 
considered as important as the law and is ensured by village elders. 
There were no specific reports of human rights abuses. However, in the 
traditional culture of the islands, women occupy a subordinate role, 
with limits on their job opportunities. Recently there has been a 
substantial effort to accord women equality in employment and 
decisionmaking.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The 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.
    Prison facilities consist of several holding cells at the back of 
the police station. There have been no serious crimes within the memory 
of local officials. It is rare for a prisoner to spend as long as a 
week in a cell; more commonly, a person is incarcerated overnight 
because of drunkenness. While prison conditions are somewhat Spartan as 
regards to food and sanitation, complaints seem to be minimal or 
nonexistent.
    Since there are no local human rights groups, the question of 
prison monitoring by them has not arisen. Visits by church groups and 
family members are permitted.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest, detention, or exile, and the Government 
observes these prohibitions.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and it is free of governmental interference.
    The judicial system consists of the higher courts: The Privy 
Council, the Court of Appeal, and the High Court; and the lower courts: 
The senior and resident magistrates, the island courts, and the land 
courts. The Chief Justice, who is also Chief Justice 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. The 
right to confront witnesses, present evidence, and appeal convictions 
is provided by law. Procedural safeguards are based on English common 
law. An independent people's lawyer is required by statute. The 
services of this public defender are available to all citizens without 
charge.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution prohibits such practices, government 
authorities generally respect such prohibitions, and violations are 
subject to effective legal sanction.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides these 
rights, and the Government respects these provisions and academic 
freedom in practice.
    The one radio station is under government control.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for freedom of assembly and association, and there are no 
significant restrictions in practice.
    c. Freedom of Religion.--The Constitution provides for this right, 
and the Government respects it in practice.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--Citizens are free to travel within the 
country and abroad. The Government does not restrict repatriation.
    The Government cooperates with the U.N. High Commissioner for 
Refugees and other humanitarian organizations in assisting refugees. No 
person in recent memory has applied for refugee status, and the 
Government has not formulated a formal policy regarding refugees, 
asylees, or first asylum.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The 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 a six-person council, 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. The 
Prime Minister may be removed from office by a parliamentary vote of no 
confidence. A change in government occurred in April following the 
passage of a motion of no-confidence in the Government. Former 
Education Minister Ionatana heads the new Government. There are no 
formal political parties.
    For cultural reasons, women are underrepresented in politics. At 
present there are no female Members of Parliament.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There have been no 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 concerned with human rights.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination on the basis of race, 
creed, sex, or national origin, and the Government generally respects 
these prohibitions. However, the traditional culture has limited 
women's job opportunities.
    Women.--Violence against women is rare. If wife beating occurs, it 
is infrequent and has not become a source of societal concern.
    Women increasingly hold positions in the health and education 
sectors and also are more active politically.
    Children.--The Government is committed to children's human rights 
and welfare and provides commensurate funding for children's welfare 
within the context of its total available resources. Education is 
compulsory for children from 6 through 13 years of age. There are no 
reports of child abuse.
    People with Disabilities.--Although 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 Association.--Workers 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, civil servants, teachers, and nurses--who 
total less than 1,000 employees--are grouped into associations that do 
not 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. Unions may affiliate with international bodies. The 
Seamen's Union is a member of the International Transportation Workers' 
Federation.
    b. The Right to Organize and Bargain Collectively.--The 1978 
Industrial Relations Code 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 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 Labor.--The 1978 Employment 
Law prohibits forced or compulsory labor, including by children, and 
there have been no reports of either being practiced.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The 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 rarely are employed 
outside the traditional economy. The Government prohibits forced and 
bonded labor by children and enforces this prohibition effectively (see 
Section 6.c.).
    e. Acceptable Conditions of Work.--The 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 biweekly minimum wage in the public (government) sector is 
$81.25 ($A130). 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 by law is set at 8 hours. The 
majority of workers are outside the wage economy. The law provides for 
rudimentary health and safety standards. It requires employers to 
provide an adequate potable water supply, basic sanitary facilities, 
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 these regulations, 
but it is able to provide only minimum enforcement.
    f. Trafficking in Persons.--The law does not specifically mention 
trafficking; however, there were no reports that persons were 
trafficked in, to, or from the country.
                                 ______
                                 

                                VANUATU

    Vanuatu, a small South Pacific island nation of approximately 
183,000 persons that was administered jointly by Britain and France 
prior to its independence in 1980, has a parliamentary form of 
government with a 52-member Parliament, 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 courts normally are independent of 
executive interference.
    The civilian authorities control the small police force and its 
paramilitary wing, the Vanuatu Mobile Force (VMF). Under current 
regulations, the police commissioner commands the entire force, 
including the VMF.
    Subsistence and small-scale agricultural production and fishing 
support more than 80 percent of the population. Nonsubsistance 
agricultural products include copra, cocoa, and beef cattle. The 
service sector--government, tourism, and an offshore financial center--
provides most formal employment and represents the largest component of 
the country's gross domestic product.
    The Government generally respected the human rights of its 
citizens; however, there were problems in a few areas. Poor prison 
conditions, an extremely slow judicial process, and violence and 
discrimination against women were the major human rights problems.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no 
reports of political or other extrajudicial killings.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--Constitutional provisions against torture and cruel, 
inhuman, or degrading treatment usually are observed in practice and 
enforced by the courts.
    In November the presiding magistrate dismissed the case against 18 
police officers charged with intentional assault of rioters in Port 
Vila in January 1998. The public prosecutor has appealed to the Supreme 
Court to reinstate the case.
    Prison conditions are poor. As a result of criticism of prison 
conditions following the 1998 riots, the Government closed the main 
prison in Port Vila, moved the male prisoners there to a smaller, 
somewhat better constructed building, and arranged for the 
incarceration of female prisoners in one apartment in the unmarried 
policewomen's barracks. The prison on Tanna Island was painted and 
cleaned by a church youth group using materials donated by local 
companies. As of the beginning of September, there were 45 male 
prisoners in the country (which is the average prison population under 
normal conditions); there were no female prisoners. The prison 
buildings in Port Vila and Luganville are in poor condition. Apart from 
the dilapidated state of the prison buildings, prisoners appear to be 
treated humanely.
    The Government permits prison visits by human rights monitors.
    d. Arbitrary Arrest, Detention, or Exile.--The Constitution 
prohibits arbitrary arrest and detention, and there were no reports of 
such arrests. Arrest is by warrant.
    The constitutional provision that suspects must be informed of the 
charges against them and given a speedy hearing before a judge is 
observed in practice.
    The Government does not use forced exile.
    e. Denial of Fair Public Trial.--The Constitution provides for an 
independent judiciary, and the courts are normally free of military or 
executive interference. However, in 1996 the Government dismissed the 
foreign Chief Justice prior to the end of his appointment. In 1998 the 
Acting Chief Justice, who argued that his predecessor's dismissal 
constituted unconstitutional interference with the judiciary, sponsored 
a ``joint declaration'' of judges and magistrates on ``the basic 
principles on the independence of the judiciary'' to remind the 
executive branch of the principle of judicial independence. There were 
no reports of interference with the judiciary by the present 
Government.
    Magistrates' courts deal with most routine legal matters. There is 
also a Supreme Court, and above the Supreme Court an Appeals Court with 
three judges, two of whom are appointed by the President and chosen 
from among Supreme Court judges in other South Pacific nations as 
required.
    The judicial system is based on British law. The courts uphold 
constitutional provisions for a fair public trial, a presumption of 
innocence until guilt is proven, a prohibition against double jeopardy, 
a right of judicial determination of the validity of arrest or 
detention, and a right of appeal to an appellate court.
    Judges, prosecutors, and the police all complain about large 
backlogs of cases in the courts due to a lack of resources. For example 
most of the members of the VMF accused of kidnaping public officials in 
the course of a mutiny in 1996 still are awaiting trial. Procedures 
were changed during the year to allow the public prosecutor to present 
new cases to the magistrates more frequently, but the limited number of 
qualified judges and prosecutors remains a serious problem.
    There were no reports of political prisoners.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--There were no reports of arbitrary interference with 
privacy, family, home, or correspondence.
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press, and the Government respected these 
provisions in practice during most of the year. In September reporters 
for the government-owned radio station were dismissed, and the editor 
of the station was threatened with dismissal, in connection with 
stories about the then-ruling coalition. The reporters eventually were 
reinstated.
    The Government controls much of the country's media, including a 
weekly newspaper, one AM and one FM radio station, and a limited-
service television station confined to the capital, Port Vila, which 
provides English and French news service three times a week. There is 
one independent newspaper published semiweekly and another weekly 
newspaper published by a political party.
    Throughout the year, both the government-owned and the independent 
press reported criticisms of political leaders freely and apparently 
without hindrance. Some individual politicians and their supporters are 
sensitive to public criticism and sometimes threatened the media, but 
without any apparent effecton press freedom. Such incidents in April 
and September resulted only in further embarrassing press coverage for 
the critics. Correspondents for international media also are allowed to 
report without interference.
    The Government respects academic freedom. Vanuatu has three 
institutions of higher education--a teachers college, an agricultural 
school, and an annex of the University of the South Pacific.
    b. Freedom of Peaceful Assembly and Association.--The Constitution 
provides for the freedoms of assembly and association, and the 
Government respects these rights in practice. Permits must be obtained 
to hold public demonstrations and rallies; they are granted routinely.
    The Government does not restrict the formation of political parties 
or other groups.
    c. Freedom of Religion.--The law provides for freedom of religion, 
and the Government respected it in practice. Missionaries of various 
Christian denominations work without restriction. The 1995 Religious 
Bodies Act, which requires religious organizations to register with the 
Government, was never signed by the President and was never enforced, 
although some churches registered under the act voluntarily. Although 
the act has not been repealed by Parliament, and technically remains in 
force, it remains dormant and its constitutionality is in question.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--All citizens are free to travel 
internally and to leave and return to the country without restrictions.
    The Government has not formulated a policy regarding refugees, 
asylees, or first asylum. The issue of the provision of first asylum 
has never arisen.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    The Constitution provides for parliamentary elections every 4 
years, through which citizens can freely change their government. 
Parliamentary majorities have been unstable, with legislators spending 
much time and energy accumulating support for votes of confidence. The 
last national elections were held in March 1998. In November 1999, 
Barak Sope of the Melanesian Progressive Party assembled a 
parliamentary majority, and formed the Government.
    Outside observers consider the 1998 elections to have been 
generally free and fair. A total of 216 candidates contested 52 seats. 
Voter turnout was 63.6 percent.
    Women are underrepresented in government and politics. Traditional 
attitudes, in which men are dominant and women frequently are limited 
to customary family roles, hamper women from taking a more active role 
in economic and political life. Six women, including the sole sitting 
female member, ran for parliament in 1998; none were elected.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    There are no restrictions on the formation of local human rights 
organizations. The Vanuatu Human Rights Education Association no longer 
functions. However, other nongovernmental organizations (NGO's), such 
as the National Council of Women and the Family Health Association, 
include human rights education as part of their programs.
    Angered over her vigorous investigations of corruption allegations, 
in 1997 Parliament repealed the 1995 Ombudsman's Act, and, in June 
1998, the Supreme Court upheld the repeal, and the President signed the 
legislation. A new Ombudsman's Act was passed by Parliament in November 
1998; among other provisions it requires that members of the 
Ombudsman's staff be appointed by the Public Service Commission rather 
than by the Ombudsman and that persons interviewed by the Ombudsman may 
have legal representation present at the interview.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution provides fundamental rights and freedoms for ``all 
persons . . . without discrimination on the grounds of race, place of 
origin, religious or traditional beliefs, political opinions, language, 
or sex.'' Despite constitutional and legal protections, women remain 
victims of discrimination in this tradition-based society. Due to high 
rates of unemployment, few jobs are available for the disabled.
    Women.--Violence against women, particularly wife beating, is 
common, although no accurate statistics exist. Courts occasionally 
prosecute offenders using common law assault as a basis for 
prosecution, since there are no specific laws against wife beating. 
However, most cases of violence against women, including rape, go 
unreported because women, particularly in rural areas, are ignorant of 
their rights or fear further abuse. In addition police are frequently 
reluctant to intervene in what are considered to be domestic matters.
    While 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. During the year, in 
the course of a downsizing in the public service, a disproportionate 
number of women's positions were abolished. Policies to guide the 
Department of Home Affairs in protecting and furthering the rights of 
women currently are being drafted under the Government's reform 
program.
    The majority of women enter into marriage through ``bride-price 
payment,'' a practice that encourages men to view women as property. 
Women also are inhibited by tradition from owning land, and at least 
one women's advocate believes this limitation serves to underpin their 
secondary status. Many female leaders view village chiefs as a major 
obstacle to attaining social, political, and economic rights for women. 
Women interested in running for public office get encouragement and 
help from an NGO, Vanuatu Women in Politics (VANWIP). Four of the six 
women who ran for Parliament in the 1998 election ran under the VANWIP 
banner.
    Children.--Although the Government has made education a priority, 
access to education is limited and school attendance is not compulsory. 
Children are protected within the traditional extended family system. 
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. NGO's and law enforcement agencies 
report increased complaints of incest and rape of children, although no 
statistics are available.
    People with Disabilities.--There is no known governmental or 
national policy on the disabled and no legislation mandating access for 
them. Their protection and care is left to the traditional extended 
family and to voluntary NGO's.
    National/Racial/Ethnic Minorities.--Most of the population is made 
up of Melanesians. Small minorities of Chinese, Fijians, Vietnamese, 
Tongans, and Europeans generally are concentrated in two towns and on a 
few plantations. Most of the land belongs to indigenous tribes that 
inhabit it, and it cannot be sold, although it sometimes is leased to 
others. However, within the limits of this system of land tenure, there 
were no reports of discrimination against noncitizens. There is no 
evidence to suggest a pattern of ethnic discrimination in the provision 
of the limited basic services that the Government provides.
Section 6. Worker Rights
    a. The Right of Association.--The law provides workers with the 
right to organize unions.
    Approximately 29,000 persons participate in the formal economy as 
wage earners. There are five trade unions. The unions are grouped under 
an umbrella organization, the Vanuatu Council of Trade Unions (VCTU). 
The trade unions are independent of the Government.
    The high percentage of the population still engaged in subsistence 
agriculture and fishing deters extensive union activity. In addition 
membership in the Vanuatu Public Servants Union fell dramatically 
following the Government's wholesale dismissal of hundreds of full-time 
public servants during a protracted general strike in 1994. The Supreme 
Court in 1994 ruled that the union had not complied with its own rules 
when it undertook the general strike and declared the strike illegal. 
Combined union membership in the private and public sectors reportedly 
has fallen from more than 4,000 to less than 1,000 in the aftermath of 
the 1994 strike.
    The law prohibits retribution if a 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, the 
Public Service Commission would handle violations.
    In 1995 Parliament passed a law requiring unions to give 30 days' 
notice of intent to strike, with a list of the names of intending 
strikers.
    There was no significant strike activity during the year.
    Unions may not affiliate with international labor federations 
without government permission. The VCTU is a member of the 
International Confederation of Free Trade Unions.
    b. The Right to Organize and Bargain Collectively.--Unions 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 3-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. However, unions and management 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.
    There are no export processing zones.
    c. Prohibition of Forced or Compulsory Labor.--The law prohibits 
forced or compulsory labor, including forced and bonded labor by 
children, and there were no reports that either adults or children were 
subject to forced, bonded, or compulsory labor.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The law prohibits children under 12 years of age from 
working outside of family-owned agricultural production, where many 
children assist their parents. There were no reports of forced or 
bonded labor by children, which is prohibited by law (see Section 
6.c.). The employment of children from 12 to 18 years of age is 
restricted by occupational category and conditions of labor, that is, 
restrictions on employment in the shipping industry and on nighttime 
employment. The Labor Department effectively enforces these laws.
    e. Acceptable Conditions of Work.--A legislated minimum wage is 
effectively enforced by the Labor Department. Since 1995 it has been a 
flat rate of approximately $143 (16,000 vatu) per month for both urban 
and rural workers. The minimum wage does not support an urban family 
living entirely on the cash economy. Most families are not dependent 
solely on wages for their livelihoods.
    Various laws regulate benefits such as sick leave, annual 
vacations, and other conditions of employment, including a 44-hour 
maximum workweek, with at least one 24-hour rest period weekly. An 
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 
have the right to remove themselves from dangerous work situations 
without jeopardy to their continued employment.
    f. Trafficking in Persons.--The Constitution does not prohibit 
trafficking in persons specifically; however, there were no reports 
that persons were trafficked in, to, or from the country.
                                 ______
                                 

                                VIETNAM

    The Socialist Republic of Vietnam is a one-party state ruled and 
controlled by the Vietnamese Communist Party (VCP). The VCP'S 
constitutionally mandated leading role and the occupancy of all senior 
government positions by party members ensure the primacy of party 
Politburo guidelines, and enable the party to set the broad parameters 
of national policy. During the year, the Party continued to reduce 
gradually its formal involvement in government operations and allowed 
the Government to exercise significant discretion in implementing 
policy. The National Assembly remains subject to party direction; 
however, the Government made progress in strengthening the capacity of 
the National Assembly and in reforming the bureaucracy. The National 
Assembly, chosen in elections in which most candidates are approved by 
the party (not all delegates are party members), played an increasingly 
independent role as a forum for local and provincial concerns and as a 
critic of local and national corruption and inefficiency. The Assembly 
was more active in revising legislation, screening ministerial and 
other senior candidate appointments, and dismissing senior officers. 
The judiciary remains subservient to the VCP.
    The military services, including the border defense force, are 
responsible for defense against external threats. The military forces 
are assuming a less prominent role as the ultimate guarantor of 
internal security, which is primarily the responsibility of the 
Ministry of Public Security. However, in some remote areas, the 
military forces are the primary government agency, providing 
infrastructure and all public safety functions, including maintaining 
public order in the event of civil unrest. The Government continued to 
restrict significantly civil liberties on grounds of national security. 
The Government's Ministry of Public Security controls the police, a 
special national security investigative agency, and other units that 
maintain internal security. The Ministry of Public Security enforces 
laws and regulations that significantly restrict individual liberties 
and violate other human rights. The Ministry of Public Security 
maintains a system of household registration and block wardens to 
monitor the population, concentrating on those suspected of engaging, 
or being likely to engage in, unauthorized political activities. 
However, this system has become less obvious and pervasive in its 
intrusion into citizens' daily lives. Members of the security forces 
committed human rights abuses.
    Vietnam is a very poor country undergoing transition from a 
centrally planned to a market-oriented economy. Estimated annual gross 
domestic product (GDP) per capita is $330, up between 4 and 5 percent 
from 1998 according to government statistics. The Asian financial 
crisis caused a significant slowdown; trade and foreign investment 
declined markedly. Agriculture, primarily wet rice cultivation, employs 
70 percent of the labor force, but accounts for a shrinking part (24 
percent) of total output. Industry and construction contribute 34 
percent, while services account for 42 percent. Disbursed official 
development assistance in 1998 was $939 million, roughly 4 percent of 
GDP. Particularly in Ho Chi Minh City and Hanoi, economic reforms have 
raised the standard of living and reduced party and governmental 
control over, and intrusion into, citizens' daily lives. Reforms have 
created a popular expectation in urban areas of continued social, 
legal, educational, and physical improvements. For many large rural 
populations close to larger cities, this is also true. Many citizens in 
isolated rural areas, especially members of ethnic minorities in the 
northern uplands, central highlands, and the north central coastal 
regions, live in extreme poverty. Gains from agricultural reform in 
recent years have improved the lot of many farmers, but the rural 
poverty level is approximately 30 percent.
    The Government's human rights record remained poor; although there 
was some measurable improvement in a few areas, the situation worsened 
in others, and serious problems remain. The Government continued to 
repress basic political and some religious freedoms and to commit 
numerous abuses. Although the VCP continued its efforts to reform 
procedures and internal debate and to allow a mechanism for citizens to 
petition the Government with complaints, the Government continued to 
deny citizens the right to change their government. Prison conditions 
remain harsh. There were credible reports that security officials beat 
detainees. The Government arbitrarily arrested and detained citizens, 
including detention for peaceful expression of political and religious 
views. For example, geophysicist Nguyen Thanh Giang was detained for 2 
months for writing letters calling for pluralism and respect for human 
rights. The Government denied citizens the right to fair and 
expeditious trials and continued to hold a number of political 
prisoners. The Government restricts significantly citizens' privacy 
rights, although the trend toward reduced government interference in 
the daily lives of most citizens continued. TheGovernment significantly 
restricts freedom of speech, the press, assembly, and association. The 
Government continued its longstanding policy of not tolerating most 
types of public dissent, although it made exceptions in some instances. 
For example, a number of persons circulated letters that were highly 
critical of senior leaders and called for political reform; these 
authors were subjected to close surveillance by public security forces. 
The Government allowed citizens somewhat greater freedom of expression 
and assembly to express grievances, including by delegates in the 
National Assembly, citizens in local forums with delegates, and small 
groups of protesters outside government offices. The Government 
prohibited independent political, labor, and social organizations; such 
organizations exist only under government control. The Government 
restricts freedom of religion and significantly restricts the operation 
of religious organizations other than those entities approved by the 
State. However, in some respects, conditions for religious freedom 
improved during the year. For example, a Hoa Hao organization was 
recognized for the first time officially. In July a festival gathering 
of up to 500,000 Hoa Hao in An Giang province took place and in August, 
an estimated 200,000 Roman Catholics attended the annual La Vang 
pilgrimage. The Government imposes some limits on freedom of movement. 
Societal discrimination and violence against women remained problems. 
Trafficking in women and children for the purpose of prostitution 
within the country and abroad continued to grow, and there were reports 
of the increased trafficking of women to China for forced marriages. 
The Government made efforts to combat these problems. Discrimination 
against ethnic minorities and child labor are problems. There were some 
reports of forced child labor and that certain prisons employed forced 
labor, sometimes as part of commercial ventures. The Government 
restricts worker rights.
                        respect for human rights
Section 1. Respect for the Integrity of the Person, Including Freedom 
        From:
    a. Political and Other Extrajudicial Killing.--There were no known 
politically motivated killings. Little information was available on the 
extent of deaths in police custody or on official investigations into 
such incidents.
    There were no reports of deaths of inmates due to prison conditions 
during the year.
    b. Disappearance.--There were no reports of politically motivated 
disappearances.
    c. Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment.--The law prohibits physical abuse; however, police beat 
persons, including suspects during arrests, and also beat street 
children in their attempts to get them off the streets. There were no 
known reports of torture of detainees. Little information is available 
on the extent of police brutality during interrogations.
    Prison conditions are harsh. Conditions generally did not threaten 
the lives of prisoners, although anecdotal evidence suggests that the 
death rate among male prisoners was higher than among female prisoners. 
Overcrowding, insufficient diet, and poor sanitation remained serious 
problems. Conditions in pretrial detention reportedly were particularly 
harsh, and there were credible reports that authorities sometimes 
denied inmates access to sunlight, exercise, and reading material. Most 
prisoners had access to basic health care and, for those with money, to 
supplemental food and medicine. However, some political prisoners were 
denied visitation rights, and there were reports that some prisons 
employed the use of forced labor, sometimes as part of commercial 
ventures (see Section 6.c.). Prisoners sentenced to hard labor 
complained that their diet and medical care were insufficient to 
sustain health, especially in remote, disease-ridden areas. Several 
political prisoners with serious medical conditions were held under 
harsh conditions in remote prisons, with limited access to medical 
care. For example, Do Van Thac, sentenced to 14 (reduced to 12) years' 
imprisonment on charges of attempting to overthrow the Government, 
remained imprisoned in remote Nam Ha province, despite reports that he 
had suffered a stroke and had heart disease.
    The Government did not permit independent monitoring of its prison 
and detention system.
    d. Arbitrary arrest, Detention, or Exile.--The Government continued 
to arrest and detain citizens arbitrarily, including arrest and 
detention for the peaceful expression of their political and religious 
views. The 1990 Criminal Procedures Code provides for various rights of 
detainees, including time limits on pretrial detention and the right of 
the accused to have a lawyer present during interrogation; however, in 
practice the authorities often ignored these legal safeguards. 
Moreover, a 1997 directive on administrative detention gives security 
officials broad powers to monitor citizens closely and control where 
they live and work for up to 2 years if they are believed to be 
threatening ``national security.''
    The Government continued to utilize its l997 decree on 
``administrative detention,'' which gives authorities extremely broad 
powers to place persons under surveillance, and to monitor citizens 
closely. However, the regulations define administrative detention as an 
administrative penalty imposed on persons who break the law and violate 
national security, as determined by the definition of crimes in the 
Criminal Code, but whose offenses are not yet at the level that 
warrants ``criminal responsibility.'' Persons under administrative 
detention must live and work in a designated locality and remain 
subject to the management and education of the local authorities and 
population. These measures are used against suspected political 
dissidents. The time span of administrative detention ranges from 6 
months to 2 years; the regulations apply also to persons under 18 years 
of age. The Ministry of Public Security is the lead agency in 
implementing the decree.
    The Supreme People's Procuracy approves the issuance of arrest 
warrants, but law enforcement officials appear able to arrest and 
incarcerate persons without presenting arrest warrants. Once arrested, 
detainees often are held for lengthy periods without formal charges or 
trial. In general time spent in pretrial detention counts toward time 
served upon conviction and sentencing.
    Geophysicist Nguyen Thanh Giang was detained for 2 months during 
the period from March to May for circulating letters calling for 
pluralism and respect for human rights. After his release, he was 
informed by police in writing that he could not leave Hanoi without 
permission. Protestant pastors Tran Dinh ``Paul'' Ai and Lo Van Hen 
were detained and questioned by police in Hanoi after a religious 
training course that they were leading was raided by local police in 
May. Ai was forced to remain in a government-run hotel, at his own 
expense, and appear for daily questioning by police for more than 2 
weeks regarding his religious activities, and Hen, a member of the 
Black Tai ethnic minority, was returned to Dien Bien Phu for further 
questioning by police. Both were released in May after paying fines for 
participating in an illegal religious meeting (see Section 2.c.). In 
December Ai and his family obtained Vietnamese passports and traveled 
abroad on a religious worker visa.
    There were credible reports that during the year more than 25 Hmong 
Protestants were detained illegally in Lai Chau province. Of these, 15 
were released by year's end. Among those who remained in detention 
were: Sinh Phay Pao, Va Sinh Giay, Vang Sua Giang, and Phang A Dong 
(see Section 2.c.).
    Persons arrested for the peaceful expression of views opposed to 
official policy were subject to charge under any one of several 
provisions in the criminal code that outlaw acts against the state.
    No official statistics are available on the percentage of the 
prison population that consists of pretrial detainees or the average 
period of time that such detainees have been held.
    It is difficult to determine the exact number of political 
detainees, in part because the Government usually does not publicize 
such arrests and because the Government does not consider these persons 
to be detained for political reasons.
    The Government continued to isolate certain political and religious 
dissidents by placing restrictions on the movements of some dissidents 
and by pressuring the supporters and family members of others. For the 
past 5 years, Thich Huyen Quang, the Supreme Patriarch of the Unified 
Buddhist Church of Vietnam (UBCV), has been at a pagoda in Quang Ngai 
province under conditions resembling administrative detention. From 
1981 until 1994, he was held at another pagoda in that province. In 
March he was visited by senior UBCV leader Thich Quang Do for the first 
time in 18 years, but after 3 days of meetings both were held for 
questioning by police, and Thich Quang Do was escorted by police to his 
pagoda in Ho Chi Minh City. Thich Huyen Quang has confirmed that he 
must request permission before leaving thepagoda and is not allowed to 
lead prayers or participate in worship activities as a monk. He is able 
to receive visits from sympathetic monks, sometimes several per week; 
UBCV monk Thich Khong Thanh visited in November. After meeting with 
him, visitors are questioned by police. Thich Huyen Quang has called 
for the Government to recognize the UBCV. He is receiving good medical 
care. In December, because of heavy flooding in the province, police 
temporarily evacuated him from the pagoda, then returned him there 2 
days later, after the waters receded.
    Family members of Nguyen Dan Que in Ho Chi Minh City were 
questioned by police, their telephone service was suspended 
periodically, and the family's Internet account also was suspended 
following the publication abroad in May of several of his writings 
critical of the Government.
    Cao Daists Le Kim Bien and Pham Cong Hien in Kien Giang province 
were sentenced during the year to 2 years' imprisonment. They had been 
detained since October 1998. They had requested to meet with visiting 
United Nations Special Rapporteur Amor.
    An ethnic Hre church leader, Dinh Troi, remained in detention in 
Quang Ngai province at year's end; two of his church colleagues, Dinh 
Bim and Dinh Hay, were released in July and September, respectively.
    In 1998 the Government released two dozen political and religious 
prisoners. Prior to their release, long-time political prisoners Doan 
Viet Hoat and Nguyen Dan Que were told by public security officials 
that they would have to leave the country in order to be released. Hoat 
agreed and left the country. Que refused to leave the country, but was 
released from prison despite his refusal. He now lives in Ho Chi Minh 
City.
    e. Denial of Fair Public Trial.--Although the Constitution provides 
for the independence of judges and jurors, in practice the Party 
controls the courts closely at all levels, selecting judges primarily 
for their political reliability. Credible reports indicate that party 
officials, including top leaders, instruct courts how to rule on 
politically important cases. The National Assembly votes for candidates 
that are presented by the President for Supreme People's Court 
president and Supreme People's procurator. The President appoints all 
other judges.
    The court system consists of the Supreme People's Court in Hanoi, 
provincial courts, district courts, and military tribunals. The Supreme 
People's Court can review cases from the lower courts or tribunals. 
Separately, economic courts handle commercial disputes. Administrative 
courts deal with complaints by citizens about official abuse and 
corruption. The economic and administrative courts have addressed few 
cases since their creation in 1994 and 1995, respectively. Local mass 
organizations, such as those under the Fatherland Front, are empowered 
to deal with minor breaches of law or disputes.
    The Supreme People's Procuracy has unchecked power to bring charges 
against the accused and serves as prosecutor during trials. A judging 
council, made up of a judge and one or more people's jurors (lay 
judges), determines guilt or innocence and also passes sentence on the 
convicted. The relevant people's council appoints people's jurors, who 
are required to have high moral standards but need not have legal 
training.
    The Government continued its effort to develop the legal system as 
part of expanding the rule of law. In May the National Assembly passed 
a new enterprise law that broadened the legal framework supporting 
private businesses. A 1998 commercial code helps regulate business 
transactions. Many judges and other court officials lacked adequate 
legal training, and the Government conducted training programs to 
address this problem. A number of foreign governments and the U.N. 
Development Program provided assistance to the Government to strengthen 
rule of law and develop a more effective judiciary. However, the lack 
of openness in the judicial process and the continuing lack of 
independence of the judiciary undermined the Government's efforts to 
develop a fair, effective judicial system.
    Trials generally are open to the public, although judicial 
authorities sometimes closed trials or strictly limited attendance in 
sensitive cases. Defendants have the right to be present at their trial 
and to have a lawyer. The defendant or the defense lawyer have the 
right to cross-examine witnesses. However, in political cases, there 
are credible reports that defendants are not allowed access to 
government evidence in advance of the trial, to cross-examine 
witnesses, or to challenge statements. Little information is available 
on theextent to which defendants and their lawyers have time to prepare 
for trials. Those convicted have the right to appeal. On December 27, 
Nguyen Thi Thuy, a Protestant house church leader in Phu Tho province 
was sentenced to 1 year in prison for ``interfering with an officer 
doing his duty.'' Thuy had been arrested in October when police raided 
a house church meeting that she was hosting. Church sources stated that 
her defense lawyer provided only a superficial defense at the trial.
    The Government continued to imprison persons for the peaceful 
expression of dissenting religious and political views. There are no 
reliable estimates of the number of political prisoners, in part 
because the Government usually does not publicize such arrests and 
frequently conducts closed trials and sentencing sessions. In 1998 
Amnesty international listed more than 40 prisoners held for political 
reasons, but suggested that the total may be higher. Other sources put 
the figure at from 100 to 150 persons. The Government claims that it 
does not hold any political prisoners and that persons described as 
political prisoners were convicted of violating national security laws.
    Among those believed to be imprisoned at year's end for peaceful 
political activities are: Do Van Hung, Do Van Thac, Nguyen Dinh Huy, 
Nguyen Ngoc Tan, Pham Hong Tho, Pham Quang Tin, and Vo Van Pham. Among 
those believed to be held at year's end for religious offenses are: 
UBCV monks Thich Thien Minh and Thich Hue Dang, and Thich Thanh Quang, 
held in administrative detention; Catholic priests Reverends Mai Duc 
Choung (Mai Huu Nghi), Pham Minh Tri, Nguyen Van De, Pham Ngoc Lien, 
Nguyen Thien Phung, and Nguyen Minh Quan; Cao Dai provincial leaders Le 
Kim Bien, Pham Cong Hien, Lam Thai The, Do Hoang Giam, and Van Hoa Vui; 
Hoa Hao leader Le Minh Triet (Tu Triet); about 10 Hmong Protestant 
Christians in Lai Chau and Ha Giang provinces, including Sung Phai Dia, 
Vu Gian Thao, Vang Gia Chua, Sung Va Tung, Sung Seo Chinh, Sinh Phay 
Pao, and Va Sinh Giay. Credible reports from multiple sources suggest 
that at the beginning of the year, there were more than 25 Hmong 
Protestants imprisoned in Ha Giang province after being charged either 
with ``teaching religion illegally'' or ``abusing the rights of a 
citizen to cause social unrest.'' By year's end, Vietnamese church 
leaders reported that 15 Hmong Protestants had been released, including 
Ly A Giang, Giang A To, Giang A Cat, Cha A Cua, Thao A Chinh, Ma Truong 
Chinh, and Giang A Vang (see Section 2.c.).
    No current information is available concerning imprisoned 
dissidents Nguyen Van Thuan and Le Duc Vaong who were arrested in 1998.
    As part of a national day amnesty on September 2, the Government 
commuted the prison sentences of 1,712 prisoners and released them 
early for good behavior. However, unlike 1998, there apparently were no 
political or religious prisoners included in this amnesty.
    f. Arbitrary Interference with Privacy, Family, Home, or 
Correspondence.--The Constitution provides for the right to privacy of 
home and correspondence; however, the Government restricts this right 
significantly. It operates a nationwide system of surveillance and 
control through household registration and block wardens who use 
informants to keep track of individuals' activities. The authorities 
continued to monitor citizens, but with less vigor and efficiency than 
in the past, as they focused on persons with what they regarded as 
dissident views, whom they suspected of involvement in unauthorized 
political or religious activities. Citizens formally are required to 
register with police when they leave home, remain in another location 
overnight, or when they change their residence (see Section 2.d.). 
However, these requirements rarely are enforced, since many citizens 
move around the country to seek work or to visit family and friends 
without being monitored closely. However, there were reports that some 
families have been unable to obtain household registration or residence 
permits, causing serious legal and administrative problems. In urban 
areas, most citizens were free to maintain contact and work with 
foreigners, but police questioned some individual citizens and families 
of citizens with extensive or close relations with foreigners. The 
Government also exerts control over citizens who work for foreign 
organizations by requiring that citizens be vetted and hired through a 
government service bureau. However, many foreign organizations hire 
their own personnel and only ``register'' them with the service bureau.
    The Government opened and censored targeted persons' mail, 
confiscated packages, and monitored telephone, electronic mail, and 
facsimile transmissions. The Party exerted little pressure on citizens 
to belong to one or more mass organizations, which exist for villages, 
city districts, schools, workers (trade unions), youth, veterans, and 
women. Membership in the VCPremains an aid to advancement in the 
Government or in state companies and is vital for promotion to senior 
levels of the Government. At the same time, diversification of the 
economy has made membership in mass organizations and the VCP less 
essential to financial and social advancement.
    The Government continued to implement a family planning policy that 
urges all families to have no more than two children; this policy 
emphasizes exhortation rather than coercion. In principle the 
Government can deny promotions and salary increases to government 
employees with more than two children, and local regulations permit 
fines based on the cost of extra social services incurred by a larger 
family. In practice these penalties rarely are enforced. For others, 
there are no penalties for those with more than two children, but local 
regulations permit fines based on the cost of extra social services 
incurred by the larger family or reductions in state subsidies for 
those services. These penalties are not applied uniformly or 
universally.
    Foreign language periodicals are widely available in cities, and 
the Government only rarely censors articles about the country that are 
available for sale.
    The Government allows access to the Internet and owns and controls 
the country's only Internet access provider, Vietnam Data 
Communications. Four Internet service providers compete for 
subscribers. (A fifth provider, Vietel, owned by the military services, 
is inactive.) There are roughly 28,000 Internet subscribers and an 
increasing number of cyber cafes in major cities. The Government 
appeared to limit access to those persons who are allowed to have 
Internet accounts. However, in their homes and in certain settings such 
as universities, students have widespread access to the Internet. The 
Government uses firewalls to block access to some sites operated by 
Vietnamese exile groups abroad. Vietnam Data Communications is 
authorized by the Government to monitor the sites that subscribers 
access. Ho Chi Minh City police interrupted and periodically suspended 
Nguyen Dan Que's Internet service after he circulated articles critical 
of the Government (see Section 1.d.). By law access to satellite 
television was limited to top officials, foreigners, luxury hotels, and 
the press. The law was not enforced uniformly, and some persons in 
urban and rural areas have access via home satellite equipment.
    The Government generally did not limit access to international 
radio; however, it jammed Radio Free Asia.
    In July Binh Phuoc provincial authorities demolished three 
Protestant churches. However, following the intervention of the central 
Government, the provincial official responsible for the destruction of 
these churches was removed from office. There were no further church 
demolitions (see Section 2.c.).
Section 2. Respect for Civil Liberties, Including:
    a. Freedom of Speech and Press.--The Constitution provides for 
freedom of speech and of the press; however, the Government severely 
limits these freedoms, especially concerning political and religious 
subjects. Reporters and editors practiced self-censorship concerning 
sensitive subjects. A new press law, passed by the National Assembly in 
May, provides for monetary damages to be paid by journalists to 
individuals or organizations who are harmed by reporting, regardless of 
whether the reports are true or false. The media continued to publish 
articles that criticized party and government actions; however, the 
freedom to criticize the Communist Party and its leadership continued 
to be restricted.
    Both the Constitution and the criminal code include broad national 
security and antidefamation provisions that the Government used to 
limit such freedoms strictly. The Party and Government tolerate public 
discussion and permit somewhat more criticism than in the past. In 
December the Government established a mechanism for citizens to 
petition the Government with complaints. Citizens could and did 
complain openly about inefficient government, administrative 
procedures, corruption, and economic policy. However, the Government 
imposed limits in these areas as well.
    The Government requires journalists to obtain approval from the 
Ministry of Culture and Information before providing any information to 
foreign journalists.
    Retired General and war hero Tran Do was expelled from the 
Communist Party in January after he refused to cease circulating 
writings critical of the Party and the Government. In July Tran Do 
submitted an application to publish an independent newspaper,but the 
authorities refused to grant him permission to do so. Foreign diplomats 
are not allowed to visit Tran Do.
    The Government continued to prohibit free speech that strayed 
outside narrow limits to question the role of the Party, criticize 
individual government leaders, promote pluralism or multiparty 
democracy, or questioned the regime's policies on sensitive matters 
such as human rights. The few persons who spoke out on these matters, 
such as Nguyen Dan Que and Thich Quang Do, were subjected to 
questioning and close monitoring by security officials. There continued 
to be an ambiguous line between what constituted private speech about 
sensitive matters, which the authorities would tolerate, and public 
speech in those areas, which they would not. Several authors whose 
works attracted official censure in past years continued to be denied 
permission to publish, to speak publicly, or to travel abroad. Security 
forces harassed novelist Duong Thu Huong, and authorities would not 
issue her a passport. Some persons who express dissident opinions on 
religious or political issues are not allowed to travel abroad (see 
Section 2.d.).
    The Party, the Government, and party-controlled mass organizations 
controlled all print and electronic media. The Government exercises 
oversight through the Ministry of Culture and Information, supplemented 
by pervasive party guidance and national security legislation 
sufficiently broad to ensure effective self-censorship in the domestic 
media. With apparent party approval, several newspapers published 
reports on high-level government corruption and mismanagement as well 
as sometimes-heated debate on economic policy. The Government 
occasionally censors articles about the country in foreign periodicals 
that are sold in the country. The Government generally did not limit 
access to international radio, except to Radio Free Asia, which it 
jammed (see Section l.f.).
    Foreign journalists must be approved by the Foreign Ministry's 
Press Center and must be based in Hanoi. Two Western foreign 
correspondents were forced to curtail their assignments in Vietnam. The 
first, based in Hanoi for several years for a wire service, was forced 
to leave after his bureau chief was informed by the Press Center that 
the length of his visa was being shortened because of the critical 
nature of his reporting. The second was required to leave before his 
temporary assignment was completed. The number of foreign staff allowed 
each foreign media organization is limited, and most Vietnamese staff 
who work for foreign media are provided by the Foreign Ministry. All 
foreign correspondents are required to base themselves in Hanoi. The 
Press Center monitors journalists' activities and decides on a case-by-
case basis whether to approve their interview, photograph, film, or 
travel requests, all of which must be submitted 5 days in advance. 
Foreign Ministry officials no longer accompany foreign journalists on 
all interviews. The Government censored television footage and delayed 
export of footage by several days.
    The Government allowed artists some latitude in choosing the themes 
of their works. Many artists received permission to exhibit their works 
abroad, receiving exit permits to attend the exhibits and export 
permits to send their works out of the country. Artists are not allowed 
to exhibit works of art that censors regard as criticizing or 
ridiculing the Government or the Party. Authorities required a foreign-
produced film, parts of which had been filmed in Vietnam, to be 
censored in two places before allowing it to be shown publicly in the 
country. However, the Government permitted a more open flow of 
information within the country and into the country from abroad, 
including the university system. Foreign academic professionals 
temporarily working at universities stated that they were able to 
discuss nonpolitical issues widely and freely in the classroom. 
Government monitors regularly attended, without official notification, 
classes taught by foreigners and citizens. Academic publications 
usually reflected the views of the Party and the Government and 
exhibited greater freedom for differing views on nonpolitical subjects 
than for political ones.
    b. Freedom of Peaceful Assembly and Association.--The right of 
assembly is restricted in law and practice. Persons who wish to gather 
in a group are required to apply for a permit, which local authorities 
can issue or deny arbitrarily. However, persons routinely gather in 
informal groups without government interference. During the year there 
were a number of small protests (of from 10 to 25 persons) outside 
government and party office buildings and the National Assembly Hall. 
These protests usually focused on local grievances, and the authorities 
generally allowed them to run their course without interference. 
Similarly, a group of up to 50 protesters demonstrated peacefully in 
public in Hanoi and Ho Chi Minh City including once demonstrating in 
front of a Western diplomaticmission in Ho Chi Minh City. However, the 
Government does not permit demonstrations that could be seen as having 
a political purpose. Although it was more tolerant than in the past of 
occasional demonstrations by citizens about specific grievances against 
local officials, the Government did not tolerate extended 
demonstrations. The Government allowed large gatherings of Roman 
Catholic and Hoa Hao religious believers for preapproved festivals (see 
Section 2.c.).
    The Government restricts freedom of association. With a few 
exceptions, the Government prohibits the establishment of private, 
independent organizations, insisting that persons work within 
established, party-controlled organizations, often under the aegis of 
the Fatherland Front. Citizens are prohibited from establishing 
independent organizations such as political parties, labor unions, and 
religious or veterans' organizations. Such organizations exist only 
under government control.
    c. Freedom of Religion.--Both the Constitution and government 
decrees provide for freedom of worship; however, the Government 
continued to restrict significantly those organized activities of 
religious groups that it defined as being at variance with state laws 
and policies. The Government generally allowed persons to practice 
individual worship in the religion of their choice, and participation 
in religious activities throughout the country continued to grow 
significantly. However, government regulations control religious 
hierarchies and organized religious activities, in part because the 
Communist Party fears that organized religion may weaken its authority 
and influence by serving as political, social, and spiritual 
alternatives to the authority of the central Government.
    The Government requires religious groups to be registered and uses 
this process to control and monitor church organizations. Officially 
recognized religious organizations are able to operate openly, and they 
must consult with the Government about their religious operations, 
although not about their religious tenets of faith. In general 
religious organizations are confined to dealing specifically with 
spiritual and organizational matters. The Government holds conferences 
to discuss and publicize its religion decrees.
    Religious organizations must obtain government permission to hold 
training seminars, conventions, and celebrations outside the regular 
religious calendar, to build or remodel places of worship, to engage in 
charitable activities or operate religious schools, and to train, 
ordain, promote, or transfer clergy. Many of these restrictive powers 
lie principally with provincial or city people's committees, and local 
treatment of religious persons varied widely. In some areas such as Ho 
Chi Minh City, local officials allowed religious persons wide latitude 
in practicing their faith, including allowing some educational and 
humanitarian activities. However, in other areas such as the northwest 
provinces, local officials allowed believers little discretion in the 
practice of their faith. In general religious groups faced difficulty 
in obtaining teaching materials, expanding training facilities, 
publishing religious materials, and expanding the clergy in training in 
response to increased demand from congregations.
    The Government officially recognizes Buddhist, Roman Catholic, 
Protestant, Cao Dai, Hoa Hao, and Muslim religious organizations. 
However, some Buddhists, Protestants, Cao Dai, and Hoa Hao believers do 
not recognize or participate in the government-approved associations 
and thus are not considered legal by the authorities.
    Among the country's religious communities, Buddhism is the dominant 
religious belief. Many believers practice an amalgam of Mahayana 
Buddhism, Taoism, and Confucian traditions that sometimes is called 
Vietnam's ``triple religion.'' Three-fourths of the population of 
approximately 80 million persons are at least nominally Buddhist, visit 
pagodas on festival days, and have a world view that is shaped in part 
by Buddhism. One prominent Buddhist official estimated that 30 percent 
of Buddhists are devout and practice their faith regularly. The 
Government's Office of Religious Affairs uses a much lower estimate of 
7 million practicing Buddhists. Mahayana Buddhists, most of whom are 
part of the ethnic Kinh majority, are found throughout the country, 
especially in the populous areas of the northern and southern delta 
regions. There are proportionately fewer Buddhists in certain highlands 
and central lowlands areas, although migration of Kinh to highland 
areas is changing the distribution somewhat.
    A Khmer minority in the south practices Theravada Buddhism. 
Numbering from perhaps 700,000 to 1 million persons, they live almost 
exclusively in the Mekong delta.
    The Government requires all Buddhist monks to work under a party-
controlled umbrella organization, the Central Buddhist Church of 
Vietnam. The Government opposed efforts by the non-government-
sanctioned Unified Buddhist Church of Vietnam (UBCV) to operate 
independently, and tension between the Government and the UBCV 
continued. Several prominent UBCV monks, including Thich Quang Do, were 
released in wide-ranging government amnesties in September and October 
1998.
    The Government continued to isolate certain political and religious 
dissidents by placing restrictions on the movements of some dissidents 
and by pressuring the supporters and family members of others. For the 
past 5 years, Thich Huyen Quang, the Supreme Patriarch of the Unified 
Buddhist Church of Vietnam (UBCV), has been at a pagoda in Quang Ngai 
province under conditions resembling administrative detention. From 
1981 until 1994, he was held at another pagoda in that province. In 
March he was visited by senior UBCV leader Thich Quang Do for the first 
time in 18 years, but after 3 days of meetings both were held for 
questioning by police, and Thich Quang Do was escorted by police to his 
pagoda in Ho Chi Minh City. Thich Huyen Quang has confirmed that he 
must request permission before leaving the pagoda and is not allowed to 
lead prayers or participate in worship activities as a monk. He is able 
to receive visits from sympathetic monks, sometimes several per week; 
UBCV monk Thich Khong Thanh visited in November. After meeting with 
him, visitors are questioned by police. Thich Huyen Quang has called 
for the Government to recognize the UBCV. He is receiving good medical 
care. In December, because of heavy flooding in the province, police 
temporarily evacuated him from the pagoda, then returned him there 2 
days later, after the waters receded.
    In September Thich Quang Do complained that fellow UBCV monk Thich 
Khong Tanh was summoned by police for questioning in Ho Chi Minh City.
    There are an estimated 6 to 7 million Roman Catholics in the 
country (about 8 percent of the population). The largest concentrations 
are in southern provinces around Ho Chi Minh City, with other large 
groups in the northern and central coastal lowlands. In recent years, 
the Government eased its efforts to control the Roman Catholic 
hierarchy by relaxing the requirements that all clergy belong to the 
government-controlled Catholic Patriotic Association. Few clergy 
actually belonged to this association.
    Authorities allowed the Vatican's ordination of a new archbishop in 
Ho Chi Minh City in 1998, as well as the ordination of five bishops in 
other dioceses in 1998 and 1999. A high-level Vatican envoy visited the 
country in March. A number of bishops traveled to Rome for a synod of 
Asian bishops. Up to 200,000 Catholics gathered in August at an annual 
Marian celebration in La Vang in the central part of the country and 
celebrated their faith freely there.
    The local Catholic Church hierarchy remained frustrated by the 
Government's restrictions but has learned to accommodate itself to them 
for many years. A number of clergy reported a modest easing of 
government control over church activities in certain dioceses. The 
Government relaxed its outright prohibition on the Catholic Church's 
involvement in religious education and charitable activities but still 
restricted such activity.
    The degree of government control of church activities varied 
greatly among localities. In some areas, especially in the south, 
churches and religious groups operated kindergartens and engaged in a 
variety of humanitarian projects. At least six priests belonging to the 
Congregation of the Mother Co-redemptrix reportedly remain imprisoned.
    The Government allowed many bishops and priests to travel freely 
within their dioceses and allowed greater, but still restricted, 
freedom for travel outside these areas, particularly in many ethnic 
areas. The Government discourages priests from entering Son La and Lai 
Chau provinces. Upon return from international travel during the year, 
citizens, including clergy, officially were required to surrender their 
passports; this law is enforced unevenly. Some persons who express 
dissident opinions on religious or political issues are not allowed to 
travel abroad (see Section 2.d.). Seminaries throughout the country 
have approximately 500 students enrolled. The Government limits the 
Church to operating 6 major seminaries and to recruit new seminarians 
only every 2 years. All students must be approved by the Government, 
both upon entering the seminary and prior to their ordination as 
priests. The Church believes that thenumber of graduating students is 
insufficient to support the growing Catholic population.
    There are approximately 600,000 Protestants in the country (less 
than 1 percent of the population), with more than half these persons 
belonging to a large number of unregistered evangelical ``house 
churches'' that operate in members'' homes or in rural villages, many 
of them in ethnic minority areas. Perhaps 150,000 of the followers of 
house churches are Pentecostals, who celebrate ``gifts of the spirit'' 
through charismatic and ecstatic rites of worship.
    The network of Tin Lanh (Good News) churches, originally founded by 
the Christian and Missionary Alliance early in the 20th century, 
generally operated with greater freedom than did the house churches. 
The roughly 300 Tin Lanh churches in the country are concentrated in 
the major cities, including Ho Chi Minh City, Danang, Hanoi, and in 
lowland areas. Some 15 Tin Lanh churches in the northern provinces are 
the only officially recognized Protestant churches.
    Reports from believers indicated that Protestant church attendance 
grew substantially, especially among the house churches, despite 
continued government restrictions on proselytizing activities. The 
Government restricts Protestant congregations from cooperating on joint 
religious observances or other activities, although in some localities 
there was greater freedom to do so. There is some ecumenical networking 
among Protestants, particularly in Ho Chi Minh City.
    Based on believers' estimates, two-thirds of Protestants are 
members of ethnic minorities, including ethnic Hmong (some 120,000 
followers) in the northwest provinces and some 200,000 members of 
ethnic minority groups of the central highlands (Ede, Jarai, Bahnar, 
and Koho, among others). The house churches in ethnic minority areas 
have been growing rapidly in recent years, sparked in part by radio 
broadcasts in ethnic minority languages from the Philippines. This 
growth has led to tensions with local officials in some provinces. 
There have been crackdowns on leaders of these churches, particularly 
among the Hmong in the northwest. The secretive nature of the house 
churches, particularly among ethnic minorities, has contributed to 
greater repression against these groups. Provincial officials in 
certain northwest provinces do not allow churches or pagodas to operate 
and have arrested and imprisoned believers for practicing their faith 
nonviolently in accordance with the provisions of the Constitution.
    The authorities in the northwest provinces severely restrict the 
religious freedom of evangelical Protestants, including ethnic Hmong 
and ethnic Tai. Credible reports from multiple sources stated that at 
the beginning of the year, there were more than 25 Hmong Protestants 
imprisoned primarily in Lai Chau province for ``teaching religion 
illegally'' or ``abusing the rights of a citizen to cause social 
unrest.''
    Following protests by church leaders and international attention to 
the detentions, Protestant church leaders reported that 15 of the 
detainees had been released by year's end. Among the remaining 
detainees were four Hmong Protestant leaders: Sinh Phay Pao, Va Sinh 
Giay, Vang Sua Giang, and Phang A Dong. These persons had been arrested 
in Ha Giang province late in the year. Phang A Dong was charged with 
illegally traveling to China without a visa or passport.
    The Government's repression of the Hmong is complicated by several 
factors which include religious practices. Some Hmong citizens fought 
against the Government in the past, and they live in sensitive border 
regions with China and Laos, which together lead the Government to 
question their loyalty. Among the Hmong there are two distinct 
religious groups: One group's members follow a traditional form of 
Christianity, and another group's beliefs are characterized by an 
element that is cultic in nature. The latter group's eschatological 
world view includes a predicted cataclysmic event in 2000. However, the 
Government does not differentiate between the two groups; their beliefs 
exacerbate the authorities' anxiety about the Hmong.
    In December Nguyen Thi Thuy, a Protestant house church leader in 
Phu Tho province, was sentenced to 1 year's imprisonment for 
``interfering with an officer doing his duty.'' Thuy was arrested 
during a police raid on her home, where she was leading a Bible study 
group.
    An ethnic Hre church leader, Dinh Troi, remained in detention in 
Quang Ngai province at year's end; two of his church colleagues, Dinh 
Bim and Dinh Hay, were released in July and September, respectively.
    In July Binh Phuoc provincial authorities demolished three 
Protestant churches. Their congregations, composed of ethnic Mnong and 
Stieng Christians, protested to the central government authorities and 
the international community. Church officials reported that the central 
authorities intervened to prevent the further razing of churches. In 
December the provincial official responsible was removed from office. 
Binh Phuoc province Christians reported that they were able to 
celebrate Christmas openly and peacefully.
    The Government's Office of Religious Affairs estimates that there 
are 1.1 million Cao Dai followers (just over 1 percent of the 
population). Some nongovernmental organization (NGO) sources estimate 
that there may be from 2 to 3 million followers. Cao Dai groups are 
most active in Tay Ninh province, where the Cao Dai holy see is 
located, and in Ho Chi Minh City, the Mekong delta, and Hanoi. There 
are separate sects within the Cao Dai religion, which is syncretistic, 
combining elements of many faiths. Its basic belief system is 
influenced strongly by Mahayana Buddhism, although it recognizes a 
diverse array of persons who have conveyed divine revelation, including 
Siddhartha, Jesus, Lao-Tse, Confucius, and Moses.
    A government-controlled management committee has been established 
with full powers to control the affairs of the Cao Dai faith, thereby 
managing the church's operations, its hierarchy, and its clergy. 
Independent church officials oppose the edicts of this committee as not 
being faithful to Cao Dai principles and traditions. Despite the 
Government's statement in 1997 that it had recognized the Cao Dai 
church legally and encouraged Cao Dai believers to expand their groups 
and practice their faith, many top-level clerical positions remain 
vacant, and some believers were detained arbitrarily. In October 1998, 
the authorities detained two Cao Daists in Kien Giang province, Le Kim 
Bien and Pham Cong Hien, who sought to meet with U.N. Special 
Rapporteur on Religious Intolerance Abdelfattah Amor. They were 
sentenced to 2 years' imprisonment. Three Cao Daists, Lam Thai The, Do 
Hoang Giam, and Van Hoa Vui, arrested several years ago, remain 
imprisoned in Xuan Loc prison in Dong Nai province. Ly Cong Cuong, a 
Cao Daist arrested in 1983 in An Giang province, was released in July.
    Hoa Hao, considered by its followers to be a ``reform'' branch of 
Buddhism, was founded in the southern part of the country in 1939. Hoa 
Hao is a privatistic faith that does not have a priesthood and rejects 
many of the ceremonial aspects of mainstream Buddhism. Hoa Hao 
followers are concentrated in the Mekong delta, particularly in 
provinces such as An Giang, where the Hoa Hao were dominant as a 
political and religious force before 1975. According to the Office on 
Religious Affairs, there are 1.3 million Hoa Hao believers; church-
affiliated expatriate groups suggest that there may be 2 million to 3 
million. A government-organized group of 160 Hoa Hao held a congress in 
May in An Giang. The congress established an 11-member committee to 
oversee the administrative affairs of the religion. Establishment of 
the committee constituted official governmental recognition of the 
religion for the first time in 25 years.
    The Hoa Hao have faced restrictions on their religious and 
political activities since 1975 because of their previous armed 
opposition to the Communist forces. Since 1975 all administrative 
offices, places of worship, and social and cultural institutions 
connected to the faith have been closed, thereby limiting public 
religious functions. Believers continue to practice their religion at 
home. The lack of access to public gathering places has contributed to 
the Hoa Hao community's isolation and fragmentation. In July, following 
official recognition of a Hoa Hao religious organization, up to 500,000 
Hoa Hao believers gathered for a religious festival in An Giang 
province in the largest Hoa Hao gathering since 1975. The authorities 
continue to restrict the distribution of the sacred scriptures of the 
Hoa Hao, and believers say that a number of church leaders continue to 
be detained. One prominent Hoa Hao activist, Tran Huu Duyen, was 
released in the September 1998 prisoner amnesty.
    Mosques serving the country's small Muslim population, estimated at 
100,000 persons, operate in Hanoi, Ho Chi Minh City, and several 
provinces in the southern part of the country. The Muslim community 
comprises ethnic Vietnamese, ethnic Cham in the southern coastal 
provinces and western Mekong delta, and migrants originally from 
Malaysia, Indonesia, and India. Most practice Sunni Islam.
    The Muslim Association of Vietnam was banned in 1975 but authorized 
again in 1992. It is the only official Muslim organization. Association 
leaders say that they are able to practice their faith, including daily 
prayer, fasting during the month of Ramadan, and the pilgrimage to 
Mecca, Saudi Arabia.The Government no longer has a policy of 
restricting exit permits to prevent Muslims from making the Hajj. About 
1 dozen Muslims made the Hajj to Mecca during 1998.
    There are a variety of smaller religious communities. An estimated 
8,000 Hindus are concentrated in the south, including some ethnic Chams 
on the south central coast who practice Hinduism.
    There are several hundred members of the Church of Jesus Christ of 
Latter-Day Saints (Mormons) who are spread throughout the country, 
primarily in the Ho Chi Minh City and Hanoi areas.
    The prominent position of Buddhism does not affect religious 
freedom for others adversely, including those who wish not to practice 
a religion. The secular government does not favor a particular 
religion. Of the country's 80 million citizens, 14 million or more 
reportedly do not appear to practice any organized religion. Some 
sources define strictly those considered to be practicing Buddhists, 
excluding those whose activities are limited to visiting pagodas on 
ceremonial holidays; using this definition, the number of nonreligious 
persons would be much higher--perhaps up to 50 million persons.
    In some respects, conditions for religious freedom improved. In 
many areas, Buddhists, Catholics, and Protestants reported an increase 
in religious activity and observance. However, at the same time, 
government restrictions remained, and worshipers in several Buddhist, 
Catholic, and Cao Dai centers of worship reported that they believed 
that undercover government observers attended worship services and 
monitored the activities of the congregation and the clergy.
    The Government released at least eight prominent religious 
prisoners as part of a wide-ranging prisoner amnesty in the Fall of 
1998. Among these were five UBCV monks, including two of the most 
senior-ranking, Thich Quang Do and Thich Tue Sy; Catholic priests Dinh 
Viet Hieu and Nguyen Chau Dat; and Hoa Hao Buddhist Tran Huu Duyen.
    However, operational and organizational restrictions on the 
hierarchies and clergy of most religious groups remain in place. While 
there were releases of religious prisoners, including others in 
addition to the eight prominent ones, detention and imprisonment of 
other persons for practicing religion illegally continued.
    In April the Government issued a new decree on religion that 
prescribes the rights and responsibilities of religious believers. 
Similar to the Government's 1991 decree on religion, the decree also 
states for the first time that no religious organization can reclaim 
lands or properties taken over by the State following the end of the 
1954 war against French rule and the 1975 Communist victory in the 
south. The decree also states that persons formerly detained or 
imprisoned must obtain special permission from the authorities before 
they may resume religious activities.
    There were credible reports that Hmong Protestant Christians in 
several northwestern villages were forced to recant their faith and to 
drink blood from sacrificed chickens mixed with rice wine. Hmong church 
leaders told a North American church official that one Hmong Christian, 
Lu Seo Dieu, died in prison in Lao Cai province from mistreatment and 
lack of medical care. This report could not be confirmed. Prison 
conditions are poor in remote regions, and prison conditions in general 
are harsh.
    Police authorities routinely question persons who hold dissident 
religious or political views. In May two prominent pastors of the 
unsanctioned Assemblies of God, pastors Tran Dinh ``Paul'' Ai and Lo 
Van Hen, were detained and questioned by police after a Bible study 
session that they were conducting in Hanoi was raided by local police. 
Ai was questioned daily for more than 2 weeks regarding his religious 
activities, and Lo Van Hen, a member of the Black Tai ethnic minority, 
was returned to Dien Bien Phu for further questioning by police. Both 
were released before the end of May and allowed to return home. Ai 
later was issued a passport and allowed to travel abroad with his 
family on a religious worker visa.
    There were numerous reports that police arbitrarily detained 
persons based on their religious beliefs and practice. A 1997 directive 
on administrative detention gives security officials broad powers to 
monitor citizens and control where they live and work for up to 2 years 
if they are believed to be threatening ``national security.'' In their 
implementation of administrative detention, authorities held some 
persons under conditions resembling house arrest.
    The Penal Code, as amended in 1997, established penalties for 
offenses that are only vaguely defined, including ``attempting to 
undermine national unity'' by promoting ``division between religious 
believers and nonbelievers.'' In some cases, particularly involving 
Hmong Protestants, when authorities charge persons with practicing 
religion illegally they do so using provisions of the Penal Code that 
allow for jail terms up to 3 years for ``abusing freedom of speech, 
press, or religion.'' There were reports that officials fabricate 
evidence, and some of the provisions of the law used to convict 
religious prisoners contradict international covenants such as the 
Universal Declaration on Human Rights.
    There are no precise estimates available of the number of religious 
detainees and religious prisoners. There reportedly are at least 10 
religious detainees, held without arrest or charge; however, the number 
may be greater. These persons include: Le Minh Triet (Tu Triet), a Hoa 
Hao leader detained at a government house in the south; and a number of 
Hmong and other ethnic minority Protestant detainees. The authorities 
use administrative detention as a means of controlling persons whom 
they believe hold dissident opinions. Anecdotal reports indicate that 
small groups of Protestants are detained briefly--sometimes for only a 
few days, at other times for weeks or months. Some persons are subject 
to prolonged detention without charge.
    According to rough estimates, there are from 20 to 40 religious 
prisoners. This number is difficult to verify with any precision 
because of the secrecy surrounding the arrest, detention, and release 
process. The following persons reportedly continue to be held as 
religious prisoners: UBCV monks Thich Thein Minh and Thich Hue Dang; 
Catholic priests Mai Duc Chuong (Mai Huu Nghi), Pham Minh Tri, Nguyen 
Van De, Pham Ngoc Lien, Nguyen Thien Phung, and Nguyen Minh Quan; and 
Cao Daists Le Kim Bien and Pham Cong Hien. About 10 Hmong Protestant 
Christians in Lai Chau and Ha Giang provinces remain in detention; they 
include: Sung Phai Dia, Vu Gian Thao, Vang Gia Chua, Sung Va Tung, Sung 
Seo Chinh, Sinh Phay Pao, and Va Sinh Giay.
    Officials acknowledge that the following Hmong Christians were 
sentenced and imprisoned under the section of the Penal Code that 
prohibits ``abusing the freedom of religion'': Sung Phai Dia, Vu Gian 
Thao, Ly A Giang, Giang A To, and Giang A Cat.
    Unconfirmed reports from the central highlands suggest that some 
local officials have extorted cattle and money from Protestants in 
those areas. It is unclear whether their religious affiliation or other 
factors were the causes of these alleged crimes. Provincial officials 
in Ha Giang and Lai Chau provinces in the north have sought to pressure 
Hmong Christians to recant their faith.
    The Government bans and actively discourages participation in 
``illegal'' religious groups, including the UBCV, Protestant house 
churches, and unapproved Hoa Hao and Cao Dai groups. The Government 
restricts the number of clergy that the Buddhist, Catholic, Protestant, 
and Cao Dai churches may train. Restrictions are placed on the numbers 
of Buddhist monks and Catholic seminarians. Protestants are not allowed 
to operate a seminary or to ordain new clergy.
    The Government restricts and monitors all forms of public assembly, 
including assembly for religious activities. On some occasions, large 
religious gatherings have been allowed, such as the 1998 and 1999 
celebrations at La Vang. Within the past year, the Hoa Hao also have 
been allowed to hold two large public gatherings.
    Religious and organizational activities by UBCV monks are illegal, 
and all UBCV activities outside private temple worship are proscribed. 
Protestant groups in central and southern provinces and some groups of 
Hoa Hao believers not affiliated with the group that held the May 
congress have petitioned the Government to be recognized officially. 
They have been unsuccessful thus far. Most evangelical house churches 
do not attempt to register because they believe that their applications 
would be denied, and they want to avoid government control.
    The Government does not permit religious instruction in public 
schools. The Government restricts persons who belong to dissident and 
unofficial religious groups from speaking about their beliefs. It 
officially requires all religious publishing to be done by government-
approved publishing houses. Many Buddhist sacred scriptures, Bibles, 
and other religious texts and publications are printed by these 
organizations and allowed to be distributed to believers. The 
Government allows, and in some cases encourages, links with 
coreligionists in other countries when the religious groups are 
approved by theGovernment. The Government actively discourages contacts 
between the illegal UBCV and its foreign Buddhist supporters, and 
between illegal Protestants, such as the house churches, and their 
foreign supporters. Contacts between the Vatican and the domestic 
Catholic Church are permitted, and the Government maintains a regular, 
active dialog with the Vatican on a range of issues, including 
organizational activities, the prospect of establishing diplomatic 
relations, and a possible papal visit. The Government allows religious 
travel for some, but not all, religious persons; Muslims are able to 
undertake the Hajj, and many Buddhist and Catholic officials also have 
been able to travel abroad. Persons who hold dissident religious 
opinions generally are not approved for foreign travel.
    The Government does not designate persons' religions on passports, 
although citizens' ``family books,'' which are household identification 
books, list religious and ethnic affiliation.
    The law prohibits foreign missionaries from operating in the 
country. Proselytizing by citizens is restricted to regularly scheduled 
religious services in recognized places of worship. Immigrants and 
noncitizens must comply with the law when practicing their religions. 
Catholic and Protestant foreigners exercise leadership in worship 
services that are reserved for foreigners.
    The government Office on Religious Affairs hosts periodic meetings 
to address religious issues according to government-approved agendas 
that bring together leaders of diverse religious traditions.
    Adherence to a religious faith generally does not disadvantage 
persons in civil, economic, and secular life, although it likely would 
prevent advancement to the highest government and military ranks. 
Avowed religious practice bars membership in the Communist Party, 
although anecdotal reports indicate that a handful of the 2 million 
Communist Party members are religious believers.
    The Government remained sensitive about international and 
nongovernmental organization investigations. In October 1998, the 
United Nations Special Rapporteur on Religious Intolerance, Abdelfattah 
Amor, visited Hanoi, Ho Chi Minh City, Hue, and Tay Ninh province. He 
met with government officials and representatives of the government-
sanctioned Central Buddhist Church, the Catholic Church, Cao Dai, a 
Protestant church, and the small Muslim community. However, security 
officials prevented Amor from meeting several senior representatives of 
the non-government-sanctioned UBCV, including Thich Huyen Quang and 
Thich Quang Do, despite his repeated requests to do so.
    d. Freedom of Movement Within the Country, Foreign Travel, 
Emigration, and Repatriation.--The Government imposes some limits on 
freedom of movement. Most citizens enjoyed freedom of movement within 
the country; however, some local authorities required members of ethnic 
minority groups to obtain permission to travel outside certain highland 
areas. Officially, citizens had to obtain permission to change their 
residence (see Section l.f.). In practice many persons continued to 
move without approval, especially migrant or itinerant laborers moving 
from rural areas to cities in search of work. However, moving without 
permission restricted their ability to obtain legal work permits. 
Citizens formally are required to notify police if they intend to be 
away from their residence overnight and must register with police 
anywhere that they stay overnight; however, these requirements 
generally are not enforced. Holders of foreign passports must register 
to stay in private homes. In practice visitors of Vietnamese origin 
from overseas do not appear to have problems with this requirement and 
are allowed to stay with family and friends. Other foreigners complain 
that they are not allowed to do so.
    The Government employs internal isolation to restrict the movement 
of political and religious dissidents (see Section 1.d.). The 
Government continued to use its 1997 decree on administrative detention 
to restrict where citizens live and work (see section l.f.).
    Foreigners generally are free to travel throughout the country, 
except in some areas restricted on grounds of national security.
    The Government retained the right to approve travel to border 
areas, to some areas in the central highlands, and to some islands, but 
in practice foreigners can travel to most border areas without prior 
approval. However, on several occasions, local police detained and 
fined foreigners whom police found had ventured too close to 
international borders and other sensitive military areas.
    Although the Government no longer required citizens traveling 
abroad to obtain exit or reentry visas, the Government sometimes 
prevented persons from traveling by refusing to issue passports to 
persons who wished to travel. Persons who depart the country using 
passports marked dinh cu or ``resettlement'' appear to need a reentry 
permit to return.
    Some persons who express dissident opinions on religious or 
political issues are not allowed to travel abroad (see Section 2.d.).
    Citizens must demonstrate eligibility to emigrate to another 
country and show sponsorship abroad before the Government issues 
passports, which are required before a person is able to emigrate. 
Persons emigrating under refugee status are required to have a letter 
of introduction from the Ministry of Public Security before the 
passport office will issue them passports. Citizens' access to 
passports frequently was constrained by factors outside the law, such 
as bribery and corruption. Refugee and immigrant visa applicants 
sometimes encountered local officials who arbitrarily delayed or denied 
passports based on personal animosities or on the officials' perception 
that an applicant did not meet program criteria, or in order to extort 
a bribe.
    Because citizens who live overseas are considered a valuable 
potential source of foreign exchange and expertise for the country but 
also a potential security threat, the Government generally encourages 
them to visit but monitors many of them carefully.
    The United States continued to process for admission and 
resettlement immigrants and refugee applicants, including Amerasians, 
former reeducation camp detainees, and family reunification cases. 
There are some concerns that some members of minority ethnic groups, 
particularly nonethnic Vietnamese such as the Montagnards, may not have 
ready access to these programs. The Government denied passports for 
emigration to certain Montagnard applicants.
    The Government generally permits citizens who emigrate to return to 
visit, but it considers them Vietnamese citizens and therefore subject 
to the obligations of a Vietnamese citizen under the law, even if they 
have adopted another country's citizenship. The Government no longer 
requires reentry visas for citizens holding regular passports but who 
reside in another country. Holders of Vietnamese passports marked dinh 
cu or resettlement appear to need a reentry visa. However, emigrants 
are not permitted to use Vietnamese passports after they adopt other 
citizenship.
    Vietnam and the United States continued to work together on the 
Resettlement Opportunity for Vietnamese Returnees Program (ROVR) in 
processing the residual few hundred ROVR persons who had returned from 
refugee camps elsewhere in southeast Asia.
    Vietnam cooperated with the international community in implementing 
the Comprehensive Plan of Action (CPA), which was in effect in Vietnam 
between 1989 and June 1997, to resolve the situation of the thousands 
of Vietnamese who departed the country illegally. In 1989 as part of 
the CPA, Vietnam had signed a memorandum of understanding with the U.N. 
High Commissioner for Refugees (UNHCR) to accept voluntary repatriates 
from camps in countries of first asylum, provided that there was 
financial assistance. The agreement included a commitment to waive 
prosecution and punitive measures for the illegal departure from 
Vietnam of persons who return under the UNHCR voluntary repatriation 
program. The UNHCR, which monitored repatriates reported that they do 
not face retribution or discrimination.
    The Constitution allows consideration of asylum under certain 
circumstances for foreigners persecuted abroad. Otherwise, the country 
does not have provisions for the granting of asylum or refugee status 
in accordance with the standards of the 1951 U.N. Convention Relating 
to the Status of Refugees and its 1967 Protocol. There were no reports 
that any individuals requested asylum. In the 1970's and 1980's, the 
Government admitted refugees from Cambodia, most of whom were ethnic 
Chinese.
    Between 1993 and 1995, it admitted 30,000 persons from Cambodia, 
mainly ethnic Vietnamese. The Government cooperates with the UNHCR and 
other humanitarian organizations in assisting refugees. There were no 
reports of the forced return of persons to a country where they feared 
persecution.
Section 3. Respect for Political Rights: The Right of Citizens to 
        Change Their Government
    Citizens do not have the right to change their government. Party 
control over the selection of candidates in elections forthe National 
Assembly, the Presidency, the Prime Ministership, and local government 
undermines this right. All authority and political power is vested in 
the VCP; political opposition movements and other political parties are 
not tolerated. The VCP Central Committee is the supreme decisionmaking 
body in the nation, with the Politburo as the locus of policymaking. A 
standing board, consisting of the five most senior members of the 
Politburo, oversees day-to-day implementation of leadership directives. 
Senior advisors to the Party, including the former party general 
secretary, President, and Prime Minister, also continue to exert 
significant influence on Politburo decisionmaking. The Government 
limited public debate and criticism to certain aspects of individual, 
state, or party performance determined by the VCP itself. No public 
challenge to the legitimacy of the one-party state is permitted; 
however, there were isolated instances of unsanctioned letters from 
private citizens critical of the Government that circulated publicly 
(see Section 2.a.).
    Eligible citizens are required to vote in elections, although there 
is no penalty for not voting. Citizens elect the members of the 
National Assembly, ostensibly the main legislative body, but the Party 
must approve all candidates, most of whom are Party members. Most 
National Assembly members belong to the VCP, although 15 percent do 
not.
    The National Assembly, although subject to the control of the Party 
(all of its senior leaders are party members), played an increasingly 
independent role, as a forum for the expression of local and provincial 
concerns and as a critic of corruption and inefficiency. However, the 
National Assembly generally does not initiate legislation and may not 
pass legislation that the Party opposes. Party officials occupied most 
senior government and National Assembly positions and continued to have 
the final say on key issues. During the year, the National Assembly 
continued to engage in vigorous debate on economic, legal, and social 
issues, including a business enterprise law and a press law. 
Legislators questioned and criticized ministers in sessions broadcast 
live on television.
    The law provides the opportunity for equal participation in 
politics by women and minority groups, but in practice they are 
underrepresented. Most of the top leaders are men. There is one woman 
in the Politburo. Women are better represented in the National 
Assembly, where more than one-fourth of the 450 members are women. 
Women hold a few important positions. The Vice President is a woman, as 
are several ministers and vice ministers.
    The president of the National Assembly, who is also a Politburo 
Standing Committee member, is a member of an ethnic minority.
Section 4. Governmental Attitude Regarding International and 
        Nongovernmental Investigation of Alleged Violations of Human 
        Rights
    The Government does not permit private, local human rights 
organizations to form or operate. It generally prohibits private 
citizens from contacting international human rights organizations, 
although some dissidents were able to do so despite opposition from the 
Government. The Government permitted the UNHCR and international 
visitors to monitor implementation of its repatriation commitments 
under the CPA and carried on a limited dialog with foreign human rights 
organizations based outside Vietnam.
    The Government generally was willing to discuss human rights 
problems bilaterally with other governments if such discussions take 
place under the rubric of ``exchanges of ideas'' rather than as 
``investigations.'' Several foreign governments held official talks 
during the year concerning human rights.
Section 5. Discrimination Based on Race, Sex, Religion, Disability, 
        Language, or Social Status
    The Constitution prohibits discrimination based on gender, 
ethnicity, religion, or social class; however, enforcement of these 
prohibitions was uneven. Persons formerly interned in reeducation camps 
on the basis of pre-1975 association with the government of the former 
Republic of South Vietnam continued to report varying levels of 
discrimination as they and their families sought access to housing, 
education, and employment. Some military veterans of the former 
Republic of Vietnam remain incarcerated for activities after 1975. They 
and their families generally are not allowed employment with the 
Government. This prohibition is less restrictive than in past years 
because of the growth in private sector job opportunities.
    Women.--International NGO workers and many women reported that 
domestic violence against women was common. The law addresses the 
problem of domestic violence, but authorities do not enforce it 
effectively. Many divorces reportedly are due to domestic violence, but 
many women likely remain in abusive marriages rather than confront the 
stigma of divorce.
    Some women are forced to work as prostitutes, and trafficking in 
women for the purpose of forced prostitution, both domestically and 
internationally, is a serious problem (see Section 6.f.). Women and 
girls are trafficked from southern delta and highlands provinces to 
Cambodia, and from northern provinces into China. Women and girls 
frequently are misled by promises of well-paying jobs in those 
countries. Prostitution, although officially illegal, appears to be 
widely tolerated. The Ho Chi Minh City People's Committee recently 
acknowledged that more than 10,000 women in the city engaged in 
prostitution. Hanoi and the port cities of Danang and Haiphong also 
have large numbers of women engaged in prostitution. There are reports 
that some exploiters in Ho Chi Minh City addicted young girls to heroin 
and forced them to work as prostitutes to earn cash for drugs. Many 
more women are compelled to work as prostitutes because of poverty, a 
lack of other employment opportunities, or because they are victimized 
by false promises of lucrative work. The Vietnam Women's Union and 
Youth Union, as well as international and domestic NGO's, are engaged 
actively in education and rehabilitation programs to combat these 
abuses.
    While there is no legal discrimination, women face deeply ingrained 
societal discrimination. Despite extensive provisions in the 
Constitution, in legislation, and in regulations that mandate equal 
treatment, and although some women occupy high government posts, few 
women compete effectively for higher status positions. The Constitution 
provides that women and men must receive equal pay for equal work, but 
the Government does not enforce this provision. Very poor women, 
especially in rural areas but also in cities, perform menial jobs in 
construction, waste removal, and other jobs for extremely low wages. 
Despite the large body of legislation and regulations devoted to the 
protection of women's rights in marriage as well as in the workplace, 
and Labor Law provisions that call for preferential treatment of women, 
women do not always receive equal treatment. Nevertheless, women play 
an important role in the economy and are widely engaged in business and 
in social and educational institutions. Opportunities for young 
professional women have increased markedly, with greater numbers 
entering the civil service, universities, and the private sector.
    The party-controlled Women's Union has a broad agenda to promote 
women's rights, including political, economic, and legal equality, and 
protection from spousal abuse. The Women's Union operates micro-credit 
consumer finance programs and other programs to promote the advancement 
of women. International NGO's and other international organizations 
regard the union as effective, but they and Women's Union 
representatives believe that much time is required to overcome societal 
attitudes that relegate women to lower status than men. The Government 
also has a Committee for the Advancement of Women, which coordinates 
intraministerial programs affecting women.
    Children.--International organizations reported that despite the 
government's promotion of child protection and welfare, children 
increasingly were at risk of economic exploitation. While education is 
compulsory through the age of 14, the authorities did not enforce the 
requirement, especially in rural areas where government and family 
budgets for education are strained. Thousands of children work in 
exploitative child labor (see Sections 6.c. and 6.d.). The Government 
continued a nationwide immunization campaign, and the government-
controlled press regularly stressed the importance of health and 
education for all children. Reports from local sources indicate that 
responsible officials generally took these goals seriously but were 
constrained by severely limited budgets. According to a recent World 
Bank report, despite growth in incomes over the past decade, severe 
malnutrition remains an entrenched problem; about 45 percent of 
children under 5 years of age suffer from stunted growth.
    Widespread poverty contributed to continued child prostitution, 
especially of girls, but also some boys as well, in major cities. Many 
prostitutes in Ho Chi Minh City are girls of ages 15 through 17. One 
NGO advocate stated that some child prostitutes, such as those from 
abusive homes, are forced into prostitution for economic reasons, 
having few other choices available to them. There are reports that some 
exploiters in HoChi Minh City addicted young girls to heroin and forced 
them to work as prostitutes to earn money for drugs.
    Other children are trafficked domestically, as well as to foreign 
destinations for the purpose of forced prostitution. Although 
statistics are not reliable, children are trafficked from southern 
delta and highland provinces to Cambodia, and from northern provinces 
into China. Government agencies were engaged in combating these abuses. 
The Vietnam Women's Union and Youth Union are active in drawing 
attention to them and helping with education programs to warn 
vulnerable families of the dangers of deception by those who would lure 
young women and children into prostitution. Press reports documented 
the conviction and imprisonment of some traffickers (see Section 6.f.).
    Street children often are subjected to abuse, including beatings by 
police (see Section 1.c.).
    People With Disabilities.--Government provision of services to the 
disabled is limited, and the Government provides little official 
protection or effective support for the disabled. Government agencies 
responsible for services to the disabled worked with domestic and 
foreign groups to ``identify measures'' to provide protection, support, 
and physical access for the disabled. Implementation is hampered by 
limited budgets. The 1995 Labor Law requires the State to protect the 
rights and encourage the employment of the disabled. It includes 
provisions for preferential treatment for firms that recruit disabled 
persons for training or apprenticeship and a special levy on firms that 
do not employ disabled workers. It is uncertain whether the Government 
enforces these provisions. The Government permitted international 
groups to assist those disabled by war or by subsequent accidents 
involving unexploded ordnance and has developed indigenous prosthetics-
manufacturing capabilities. There are no laws mandating physical access 
to buildings.
    National/Racial/Ethnic Minorities.--Although the Government states 
that it is opposed to discrimination against ethnic minorities, 
societal discrimination against minorities is widespread. In addition 
there continued to be credible reports that local officials sometimes 
restricted ethnic minority access to education, employment, and mail 
services. The Government continued to implement policies designed to 
narrow the gap in the standard of living between ethnic groups living 
in the highlands and richer lowland ethnic Vietnamese by granting 
preferential treatment to domestic and foreign companies that invest in 
highland areas. The stated goal of government resettlement policy in 
mountainous provinces is to move disadvantaged minorities provide 
incentives for disadvantaged minorities to relocate from inaccessible 
villages to locations where basic services are easier to provide; 
however, the effect of the policy sometimes has been to dilute the 
political and social solidarity of these groups. The Government 
continued to repress some highland minorities, particularly the Hmong, 
for practicing their religion without official approval (see Section 
2.c.). Unlike the previous year, there were no reports that the 
Government repressed some highland minorities for suspected ties with 
resistance groups.
Section 6. Worker Rights
    a. The Right of Association.--Unions are controlled by the Party 
and have only nominal independence; however, union leaders influence 
some key decisions, such as on health and safety issues and on minimum 
wage standards. Workers are not free to join or form unions of their 
choosing; such action requires approval from the local office of the 
Party-controlled Vietnam General Confederation of Labor (VGCL). The 
VGCL is the umbrella organization under which all local trade unions 
must operate, and it claims 4 million members in branches in each of 
the major cities and provinces. VGCL officers report that the VGCL 
represents 95 percent of public sector workers, 90 percent of workers 
in state-owned enterprises, and nearly 70 percent of private sector 
workers. The Labor Law requires provincial trade union organizations to 
establish unions within 6 months at all new enterprises with more than 
10 employees as well as at existing enterprises that operate without 
trade unions. Management of those companies is required by law to 
accept and cooperate with those unions. In addition, while the Labor 
Code states that all enterprise level and professional trade unions are 
affiliated with the VGCL, in practice hundreds of unaffiliated ``labor 
associations'' have been organized in occupations such as those of 
taxi, motorcycle and cyclo drivers, cooks, and market porters. Foreign 
governments are providing technical assistance and training to the 
Ministry of Labor, Invalids, and Social Affairs and to the VGCL.
    The Labor Law provides for the right to strike under certain 
circumstances. The law requires that management and labor resolve labor 
disputes through the enterprise's own labor conciliation council. In a 
recent report, the ILO stated that many labor organizations failed to 
establish labor conciliation councils, and that without one, or if one 
fails to resolve the matter, it is referred to the provincial Labor 
Arbitration Council, which does not exist in some provinces. If the 
Council's decision is unsatisfactory to the union or if the province 
does not have an arbitration council, unions have the right to appeal 
to the Provincial People's Labor Arbitration Council. Labor courts, 
which were established in 1996 within the People's Court System, heard 
approximately 500 cases; most cited wrongful dismissal and matters of 
labor discipline. Since January 1995, the Labor Ministry has organized 
150 training courses on the Labor Code for its staff and for managers 
of large enterprises.
    The government-controlled labor unions stipulate written procedures 
for managing labor disputes that permit unresolved disputes to be 
arbitrated before a court. Unions have the right to appeal a council 
decision to the provincial people's court and the right to strike.
    There were approximately 60 private and public strikes during the 
year, primarily against foreign-owned or joint venture companies, but 
some also involved state-owned and private firms. The Government 
tolerated these strikes, even though most were spontaneous and 
supported by organized labor after the fact. Approximately 250 strikes 
were reported from January 1995 through September 1999. Of these, some 
132 strikes were in enterprises with foreign investment, about 40 in 
state-owned enterprises, and 80 in private enterprises. The majority of 
these strikes took place in Ho Chi Minh City, Dong Nai province, and 
other southern provinces. The strikes mainly were caused by disputes 
over wages and related problems, including late payment of overtime pay 
and inappropriate labor disciple. Although most of the strikes did not 
follow an authorized conciliation and arbitration process, and thus 
were illegal, the Government tolerated the strikes and did not take 
action against the strikers. Although the VGCL or its affiliate unions 
did not sanction these strikes officially, they were supported 
unofficially at the local and provincial levels of the VGCL on an 
informal basis. The Labor Law prohibits retribution against strikers, 
and there were no credible reports of such retribution. In some cases, 
the Government disciplined employers for illegal practices that led to 
strikes. VGCL officials stated that their general policy was not to use 
strikes to settle investment disputes, but only as a last resort. They 
stressed the need to educate workers on lawful strike procedure.
    The Labor Code prohibits strikes at enterprises that serve the 
public and at those considered by the Government to be important to the 
national economy and defense. A subsequent decree defined these 
enterprises to be those involved in: Electrical production; post and 
telecommunications; railway, maritime, and air transportation; banking; 
public works; and the oil and gas industry. The law also grants the 
Government the right to suspend a strike considered detrimental to the 
national economy or public safety. Strikes are prohibited in 54 
occupational sectors and businesses, including public services, 
businesses producing ``essential'' goods, and businesses serving 
national defense under the Ministries of Public Security and National 
Defense.
    Individual unions legally are not free to affiliate with, join, or 
participate in, international labor bodies, and they do not do so in 
practice. However, the VGCL has relations with 95 labor organizations 
in 70 countries.
    b. The Right to Organize and Bargain Collectively.--Workers must 
have the approval of the provincial or metropolitan branch of the VGCL 
in order to organize unions in their enterprises, but they also can 
bargain collectively through the Party-approved unions at their 
enterprises. During the year, many contracts were negotiated that ended 
the practice of annual renewal, as collective bargaining increased in 
importance. Multiyear contracts became more common despite initial 
resistance from foreign companies. Labor leaders became more active in 
supporting their workers by agreeing to place more workplace issues in 
collective bargaining agreements. Issues that are not in a contract, 
such as working on Sundays, have been spelled out so that companies 
cannot order workers to work a seventh day. Market forces also play a 
much more important role in determining wages. The Labor Law prohibits 
antiunion discrimination on the part of employers against employees 
seeking to organize.
    There are a number of export processing zones and industrial zones, 
which are governed by the same labor laws as the rest of the country.
    c. Prohibition of Forced or Compulsory Labor.--The Labor Law 
prohibits all forms of forced and bonded labor, including such labor by 
children; however, there were reports that thousands of children work 
in exploitative child labor. Some women are forced into prostitution, 
and trafficking in women for the purpose of forced prostitution is a 
problem (see Sections 5 and 6.f.). A study of child labor in Ho Chi 
Minh City found cases in which poor families had entered into ``verbal 
agreements'' with employers, who put the families' children to work; 
their salaries generally are sent to their parents. Officials state 
that juveniles in reeducation camps, which function much as reform 
schools or juvenile detention centers do elsewhere, are assigned work 
for educational purposes that does not generate income. Children were 
trafficked both domestically and internationally and forced to work as 
prostitutes (see Sections 5 and 6.f.).
    During the year, the Government suspended the practice of required 
labor in the construction of national infrastructure projects; however, 
there is a long local tradition under which persons living along flood-
prone levees voluntarily help to build or repair their critical flood 
control system. In 1998 the Government denied the use of prison labor 
without compensation, and there were no reports of this practice during 
the year.
    d. Status of Child Labor Practices and Minimum Age for 
Employment.--The Labor Law prohibits most child labor but allows 
exceptions for certain types of work. The Labor Law sets the minimum 
age for employment at 18 years of age, but enterprises may hire 
children between the ages of 15 and 18, as long as the firm obtains 
special permission from their parents and the Ministry of Labor, 
Invalids, and Social Affairs. The firm also must ensure that these 
young workers do not undertake hazardous work or work that would harm 
their physical or mental development. These occupations are specified 
in the Labor Law. Children may work a maximum of 7 hours per day and 42 
hours per week and must receive special health care. It is not clear 
whether authorities have the resources to enforce these regulations. 
Children as young as 13 years of age can register at trade training 
centers, which are a form of vocational training. There were no reports 
that state-owned enterprises or companies with foreign investors used 
child labor.
    Restrictions on working in hazardous operations apply to persons 
under the age of 18. The Labor Code permits the vocational training of 
children at the age of 13.
    In rural areas, children work primarily on family farms and in 
other agricultural activities. They often begin working at the age of 6 
and are expected to work as adults by the time they are 15 years of 
age. In urban areas, children work in family-owned small businesses. 
There are compulsory education laws that are not enforced effectively 
in rural areas, where children are needed to work in agriculture. 
However, the culture's strong emphasis on education leads parents who 
can afford to send their children to school to do so rather than allow 
them to work.
    Many urban schools operate two sessions, allowing children to 
attend classes and to work.
    In 1997 the U.N. Children's Fund (UNICEF) announced that Children 
below the age of 16 face increased risk of economic exploitation. The 
Government estimated in 1997 that approximately 29,000 children below 
the age of 15 were victims of exploitative labor. That estimate may 
have been low, since most of these children are working in the informal 
sector. In 1997 UNICEF cited evidence of children working in gold mines 
and as domestic servants, or working up to 14 hours a day in hazardous 
conditions for meager pay or no payment.
    The Government did not commit sufficient resources to enforce its 
laws providing for children's labor safety, especially for children 
working in coal mines and as domestic servants. The ILO stated that 
street children both in Ho Chi Minh City and Hanoi usually participate 
in night education courses.
    e. Acceptable Conditions of Work.--The Labor Law requires the 
government to set a minimum wage, which is adjusted for inflation and 
other economic changes. The official monthly minimum wage for foreign-
investment joint ventures is $45 (621,000 dong) in Hanoi and Ho Chi 
Minh City,and $40 (552,000 dong) elsewhere. The Government can exempt 
temporarily certain joint ventures from paying the minimum wage during 
the first months of an enterprise's operations, or if the enterprise is 
located in a very remote area, but the minimum wage in these cases can 
be no lower than $30 (414,000 dong). These minimum wage rates are 
inadequate to provide a worker and family with a decent standard of 
living. However, many workers receive bonuses and supplement their 
incomes by engaging in entrepreneurial activities, and households often 
include more than one wage earner. A decreasing number of workers 
receive government-subsidized housing. The Government enforces the 
minimum wage only at foreign and major Vietnamese firms.
    In October the Government reduced the length of the workweek for 
government employees and employees of companies in the state sector 
from 48 hours to 40 hours; it intends to encourage the private business 
sector and foreign and international organizations that employ 
Vietnamese workers to implement a 40-hour week.
    The Labor Law sets working hours at a maximum of 8 hours per day, 
with a mandatory 24-hour break each week. Additional hours require 
overtime pay at 1.5 times the regular wage and 2 times the regular wage 
on holidays. The law limits compulsory overtime to 4 hours per week and 
200 days per year. Annual leave with full pay for various types of work 
is also prescribed by the law. In a recent report, the ILO pointed out 
that the limit of 200 hours a year of overtime work is too low, and 
that workers and employers should have the right to agree to a greater 
amount of overtime work. It is uncertain how well the Government 
enforces these provisions.
    According to the law, a female employee who is to be married, is 
pregnant, is on maternity leave, or is raising a child under 1 year of 
age cannot be dismissed unless the enterprise is closed. Female 
employees who are at least 7 months pregnant or are raising a child 
under 1 year of age cannot work overtime, at night, or in distant 
locations.
    The Labor Law requires the Government to promulgate rules and 
regulations that ensure worker safety. The Ministry of Labor, in 
coordination with local people's committees and labor unions, is 
charged with enforcing the regulations. In practice, enforcement is 
inadequate because of the ministry's inadequate funding and a shortage 
of trained enforcement personnel. The VGCL reported that there are 300 
labor inspectors in the country but that at least 600 are needed. There 
is growing evidence that workers, through labor unions, have been 
effective in improving working conditions.
    Some foreign companies with operations in the country have 
established independent monitoring of problems at their factories. In 
some instances, they used NGO's and other nonprofit organizations to 
monitor workplace conditions and report abuses to the Ministry of 
Labor.
    f. Trafficking in Persons.--The Penal Code prescribes harsh 
punishment for persons convicted of trafficking in women and children; 
however, some women are forced to work as prostitutes, and trafficking 
in women for the purpose of forced prostitution, both domestically and 
internationally, is a serious problem.
    The Government, international NGO's, and the press reported an 
increase in recent years in trafficking in women. Women and girls are 
trafficked from the southern delta and highland provinces into Cambodia 
and from northern provinces into China. Women and girls frequently are 
misled by promises of well-paying jobs in those countries.
    Prostitution, although officially illegal, appears to be widely 
tolerated. The Ho Chi Minh City People's Committee recently 
acknowledged that more than 10,000 women in the city engaged in 
prostitution. Hanoi and the port cities of Danang and Haiphong also 
have large numbers of women engaged in prostitution. There are reports 
that some persons in Ho Chi Minh City addicted young girls to heroin, 
then forced them to work as prostitutes to earn money to support their 
drug addiction. Many more women are compelled to work as prostitutes 
because of poverty, a lack of other employment opportunities, or 
because they are victimized by false promises of lucrative work. The 
Vietnam Women's Union and Youth Union, as well as international and 
domestic NGO's, are engaged actively in education and rehabilitation 
programs to combat these abuses.
    The Government is working with international NGO's to supplement 
law enforcement measures and is cooperating with other national 
governments to prevent trafficking. NGO's reported that the problem 
appeared to grow during the year. Organized groups lure poor, often 
rural, women with promises of jobs or marriage and force them to work 
as prostitutes (see Sections 5 and 6.c.). Press and NGO reports noted 
that some women were kidnaped and transported to China and other 
countries against their will, where they were sold into forced 
marriages. The Government took measures to address this problem.
    There is reported trafficking in women to the Macau Special 
Administrative Region of China with the assistance of organizations in 
China that are ostensibly marriage service bureaus, international labor 
organizations, and travel agencies. After arrival, many women are 
forced into conditions similar to indentured servitude; some may be 
forced into prostitution.
    Children also are trafficked domestically and overseas to work as 
prostitutes. Government agencies were engaged in efforts to combat this 
abuse. One NGO advocate estimated that, among trafficked girl children, 
the average age was from 15 through 17 years; many were trafficked to 
Cambodia and China.
    Government agencies and mass organizations are engaged to combat 
this problem. Some traffickers have been convicted and imprisoned. The 
Vietnam Women's Union and Youth Union's programs, as well as state-
owned media, publicized the problem. Women's union advocacy and 
rehabilitation efforts help women and girls who have been trafficked.
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